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Minutes1975FIRST MEETING Council Chambers, January 6, 1975. 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 4:30 p.m. in the Council Chambers of City Hall. The Council included His Worship Mayor George Bukator and Aldermen David A. CroWe, Anthony Fera, James Harrigan, Douglas A. Mann, John Michael,Robert C.Orr, Norman Puttick, Harry L. Schisler, William Smeaton, Edward E. Stewart, S.Wayne Thomson and Donald J. Wallace. All Members of Council were present with the exception of Alderman Crows. 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 L. Roberrs. It was then Ordered on the motion of Alderman Fera, seconded by Alderman Harrigan that a vote of thanks be extended to His Honour Judge Roberrs for adminis- tering the Oaths of Office to His Worship Mayor Bukator and Members of Council The Reverend Karl English offered the following Prayer of Invocation: High God, Holy God, we acknowledge that You are over all things. We thank You for the constant things of our life: that the ground is firm beneath our feet; that day always follows night; that You stand with us to strengthen us in all things. We pray this after- noon especially for these men whom our citizens have elected to lead and ~overn our City. May they work together for the good of the whole City. May they speak, not Just to be heard, but to contribute positive suggestions. May they vote, not for political h0nour, but for the good of people. Grant to our Mayor and ; Council the patience needed to contend with the clamour of competing voices and the ability to hear this clamour as the language of democracy. Eternal God,' we live in a City blessed in many ways. Help this Council, the city staff and all resi- dents to work together so that wen my appreciate all that we have and strive to nmke Niagara Falls a happy and contented place for all citizens. Bless this Council, O God, and grant that each one of them and us may always look to You, the Creator and Ruler oR all things, for strength, wisdom and courage to make the decisions needful to honour Your name. We ask it in the name of Jesus Christ, the One who was willing to give everything - even. life - that all people might have peace and eternity. Amen. Following the Invocation, it was Ordered on the motion of Alderman Mann, seconded by Alderman Michael that Reverend Karl English, the Officiating Clergyman, be thanked for his presentation of the Prayer of Invocation and soliciting Divine Guidance for the'1975-1976 Council. His Worship Mayor George Bukator then delivered his Inaugural Address Reverend Sirs, Monoured Guests, Members of Council, Ladies and Gentlemen: As we stand on the threshold of the New Year and a new term of office, I am reminded of the well-known poem by Minnie Haskins, a copy of which hangs in my office and~which, I believe, should be a personal commitment of all. It reads: "I said to the nmn who stood at the gate of the year - "Give me a ligh~ that In my tread safely into the unknown", and he replied, "Go out into the darkness and put your hand into the hand. of God - that shall be to you better than light and safer than a known way". May I extend my personal thanks to the Reverend Karl English for soliciting Divine Guidance in meeting the challenges that lie ahead. Before examining these challenges, I would like to pay tribute to the 1973-74 Council which I sincerely believe did an outstanding Job. It was rewarding to have bean a part of initiating many municipal projects and bringing others to fruition, We-have met the need for the cultural and recreational facilities of - 2- the citizens by the provision of a new library, which has been aptly described as a magnificent building and an aesthetic triumph - the Niagara South and Jack Bell Arenas - and expansion of services to meet the increased demand for housing. Having served, I can look back with a sense of accomplishment and satisfaction to what has been described by the press as a period in which "the City updated itself" and realize that what we were able to do was the result of co-operation and action, not as individuals, but as a body. I would be remiss indeed if I did not express personal appreciation to those members of the past Council who will not be with us this term. It is our hope that the interest shown by them in their c~mmunity during the past years will continue. We wish Don Christensen, Ivan Hunt, Bob KeiShan and George Walker the very best in all their endearours and-our sincere thanks for their help. I would like to pay special tribute to ex-Alderman Ivan Runt who has retired from active politics after twenty-three years of service as a reeve and member of the Council of the former Township of Willoughby and an Alderman for the City of Niagara Falls. The requirements of the electorate of Ward 3 were constantly his concern and on behalf of all the residents of the City, may I again say, "Thanks for a Job well done". I intend to make reference to Regional Councillor Keighan later in my remarks. The accomplishments of the previous term are now a matter of record and it is time that we look ahead, for the Inaugural is a beginning. For those persons who wish to review in part the record of Council activities, I would recommend the reading of "Flashback '74" published on December 31st by the Evening Review. I would like to congratulate our local newspaper for this excellent compilation of matters of civic interest. As mentioned earlier, there will be many challenges and goals during the next two years, none of which will be solved by the members of Council working as individuals. Rather, we must work collectively as a body and with the support of the citizens of this City. In making mention of the following objectives, I therefore solicit the-support of both Council and the citizens of the Municipality. In accepting this office to which we have been elected, we are obligated to become involved in those areas which are of concern to all residents of our City. The Municipal Council has, in the past, been Jnstifiably labelled the '~rass Roots" level of-government and I believe this concept should be fostered. The concern of the electorate must be our concern, regardless of the nature of that concern. It is not sufficient to say that a problem is not our business merely because it involves other levels of government. These remarks are a necessary preface to a serious personal interest that I have regarding the future of our Municipality and society. In expressing this concern,+may I make tt very clear to everyone that the following remarks are not to be taken as a 'panic' statement. They are made in'an effort to protect a way of life that we'know and enjoy and to prevent a deterioration of .society we have seen elsewhere. During-the past decade, there has been a concerted effort to provide greater freedom to the individual and I-subscribe wholeheartedly to this action. Bowever, I am concerned-that this freedom provided to individuals may have been obtained at the expense of society in general. Our newspapers remind us of the daily occurrence and alarming increase of robberies and violent crimes and the lack of support of the law enforcement agencies in their effort to check this increasing crime rate. Our streets are still safe and I am determined to do everything in my power to have them remain so. I am very concerned 'when I hear merchants express means by which they intend to protect their property. May I make it abundantly clear that our Police Departments and Courts are doing an excellent ,]ob and my concern is not' to be viewed as a criticism of their perfor- mance. As members of society, we are crestinS the problems responsible for my concern and it is our society that must provide the answers. Because of a similar concern expressed by a number of city merchants, discussions have been held with our ProVincial and Federal representatives, The Honourable John Clement and Mr. Roger Youngs and I am grateful to both of them for their excellent co-operation and the meaningful discussions held. As a result of these meetings, I am askin8 the Hembets of Council and the citizens of Niagara Fells to shpport a concentrated progrsmme designed to guarantee that our City will remain a good place in which-to work and play. Such a proSranmm requires the full end active support of each and~every citizen to our Police Depart~nent. Police Chief Sherman, Superintendent MartinWelsh and his staff warrant this support. During the meetings-referred to, it became most apparent that our Police Department and the'Courts are limited by the legislative authority ISranted to them. Time does not permit me to outline the full extent of the existing leSislstion end its weaknesses. While such limitstions are · necessary part of our democratic way of life, legislation must be constantly reviewed to - 3 - -reflect the current needs of society. For example, I understand that the Bail Reform Act was initiated to prevent the unreasonable incarceration of persons unable to provide the necessary bail. While the intent was justifiable, the Act has worked to the advantage of habitual offenders and to the detriment of those trying to enforce the law. I was pleased to read that Justice Minister Otto Lang will introduce tighter bail procedures to ensure that dangerous criminals or likely repeaters are kept locked up while awaiting trial. I would ask this Council to actively support such an amendment to The Bail Reform Act, revising its pro- visions as they apply to persons with previous convictions and, further, that we work through the offices of our Federal and Provincial members to bring about the early enactment of such revisions. In order to provide some control over loitering, I believe the Council should initiate a request for appropriate amendments to The Criminal Code of Canada to effectively control this problem. The inability to effectively deal with loitering on City streets has become the concern of many Canadian municipali- ties and I feel sure that a solution can be found. As part of the programme designed to give renewed support to law enforce- ment agencies, we must continue to press our demands for new police facilities. As mentioned on many previous occasions, the present police building in Niagara Falls is deplorable and a new building is needed now. We, in Niagara Falls, have been most fortunate in having in our.l'ocal court, Judge Johnstone Roberrs. The work load imposed on our Court has exceeded reasonable limits. In order to expedite the handling of the backlog of cases awaiting a hearing, I would suggest that the provincial authorities be requested to appoint an additional judge for our area. If Council will support the foregoing suggestions, I intend to bring these matters before the Canadian Federation of Mayors and Municipalities and solicit the support of political representatives of major Canadian municipalities. As a director of the Canadian Federation of Mayors and Municipalities, I know that similar problems are being faced by other cities and I am confident of obtaining their full support in bringing about remedial action. I have purposely given the matter of police protection and law enforcement first concern, as law and order are, in my opinion, the very base on which our society.depends. During the past term of office, reference was made to the need'for increased liaison with Regional authorities. We are fortunate that ex-Alderman Robert Keighan has been elected as a Regional representative and will take with him a keen awareness and understanding of the municipal viewpoint. I am very impressed with the genuine enthusiasm already shown by Councillor Keighan to promote not only greater liaison, but also to create a programme designed to provide a greater public awareness of the division of responsibilities between the Region and the Municipali- ty. I feel sure that with the assistance of Regional Councillors Ed Mitchelson and Walter Scott, we can bring about a greater understanding of the problems being faced by both the City and the Region. As. I announced at the final meeting in December, aD~ with the approval of Council, in an effort to provide opportunity for increased dialogue, I propose to allocate three seats for Regional representa- tives in the Council Chamber and will invite them to participate in any discussions on matters of Joint concern. Both the Region and the City have a common goal which will only be achieved by sincere co-operation, I do believe that at times, the question of greater Municipal-Regional liaison has become a favoUrite talking matter and has unduly overshadowed the many achievements. of the Region. We have seen the Region provide a new five million dollar south side sewage scheme and a 1.7 million dollar water reservoir on Kent Avenue for our City. During the next year contracts will be called for expansion of our main sewage disposal plant and the construction of a new bridge on Stanley Avenue over the Welland River. An attitude.that we have been forgotten by the Region is completely unJustifiable. To many, the mechanics of operating a municipality appear to be filled with excess detail, thereby creating frustration. This is caused in part by our failure to review the progress made as s guide to future progress. An example of the manner in which a. need has been mat is best illustrated in the. field of recreation. A review of my 1973 Inaugural address. has ravesled the excellent progress we have made. In Just two short years, we have been able to bring to realty the Jack Bell Arena, the Niagara South Recreation Complex, the Mitchelson Park end Prince Charles Park Swimming Pools and now have approved an additional pool adjacent to the Dr. FinSland Day Care Centre. Clearly, the Council determined and met the deficiency of recreational needs in the City. In addition, our - 4 - Recreation Commission has been instrumental in making full use of any facilities suitable for meeting recreational requirements. It is encouraging that they are making full use of schools as part of an overall comprehensive recreational programme. The combination of their work, the provision by the City of parks, pools, playgrounds and arenas, and the willingness of our young people to partici- pate, is producing rewarding results. The City has had the honour of producing many championship team in baseball and other sports during the past few years and I conmend them for their achievements. A new objective in the recreational field appears to be the provision of facilities in the Woodbine area of the City. The Council has authorized the exchange of lands in this area for a park, being the first step of e long-range plan to provide fscilities in an area we expect will undergo rapid development. Fortunately, our predecessors exercised considerable vision relative to parks and we now possess a park system which I believe to be unequalled in any other city of this size. The Niagara Falls Arena should be promoted. The purchase of the adjacent Kitchener Street School and property will provide an area in which to expand the arena to seat 4,500 people. It does not require too much imagination to foresee Junior '~" hockey back in Niagara Falls. I have asked a local architect to give me some idea as to what the cost would be and what amount of money would be required to put in ice-making equipment to provide another sungnet ice skating surface. Here I must give Alderman puttick credit since he introduced a mutual friend tome and we discussed this possibility in my office some months ago. Two years ago, we faced what I referred to as a shopping centre dilemma. As a result of Ontario Municipal Board hearings, the dilenmm was partially resolved by the approval of the proposed Niagara Square Shopping Complex. Negotiations associated with development plans, have been painfully slow at times and often difficult for the citizens to follow. I now suggest that the Council should request the developers to establish a target date for the commencement of con- struction and that periodic progress reports on development be made available to Council. In a message received from the developers of Niagara Square, it is stated that those familiar with the development of shopping centred will probably realize that the leasing of space to major tenants, such as department stores and food stores, occurs first. With regard to Niagara Square it was reported that major leasing is now well underw~y. Dominion Stores Limited have committed for a 35,000 square foot supermarket.. This store will include all the latest~. merchandising techniques, including a bakery .right on the premises. This score will be Duminton's largest in the Niagara Peninsula. The developer is planning two department stores in the first phase of the shopping centre. One major department store tenant has already committed for apace amounting to 130,000 square feet. The developer is presently in the final stages of negotiations with the other department store tenant for 100,000 square feet. It is anticipated that an announcement regarding these two important tenants will be made-by the developer by the end of this month. When the decision of Council and The Ontario ~unicipal Board was made in favour of Niagara Square, the principals of the Canedis property, Mr. John Pennachetti and his associates, came to me directly afterwards and complimented the Council on its fair hearing, Naturally, they were not at all pleased with the decision, but at that time, I assured them that the City Council and I would give them the fulleat cooperation in developing their lands. I am pleased to say that a plan has been approved by the Council for the ~anadia property, with a minimum of objections from the neighbourhood and the by-law has now been passed and is before the Ontario Municipal Board for its approval. I want to assure Mr. pennachetti and his associates that what was promised in the first instance will continue and they will receive the fulleat cooperation from Council and staff in the development of their property. While speaking of commercial development, I must-conSratulate both the Main and Ferry and the Downtown Businessmen*s Association for the "self helpu improvement program they have initiated and maintained. Other municipalities in our area have observed their successland are establishinS similar program. - 5 - The South End Market place should be satisfactorily constructed to properly accommodate the farmers and the residents who prefer to shop there. With the co-operation of the South End Businessmen and all those affected, that work should be completed in 1975. Off-street parking is being improved and a new post office is being considered and should be a valuable addition to the south-end business section. It is, I find, rather encouraging to drive around our City and no~ those items which are indicative of our continuing growth. Residential expansion has now become a reality on the west side of the Queen Elizabeth Way and I expect will shortly commence south of the former Village of Chippawa. Camplamenting this growth, is the development of the Falls Industrial Park. There is no magic formula for attracting industries to our City. It is a long, laborious job requiring a great deal of patience and perseverance, but the effort of our Business and Industrial Growth Committee is producing results. Our present industrial subdivision is almost entirely committed and we have now acquired a further one hundred and twenty-five acres for additional industrial sites. If we desire continuing industrial growth, we must fully support the efforts of those we have asked to carry out this function. The City has had good co-operation from the Niagara Parks Commission. May I relate to you some of the facts of the last year. -' 1. Possible addition to the Skylon. After several meetings with a speciat'committee and then the Commission, together with The Honourable James Allan, satisfactory guidelines were established for future buildings along the escarpment adjacent to Queen Victoria Park. 2. A second complex was also considered by adjacent landowners and the Niagara Parks Commission. A satisfactory conclusion was worked out and I expect a most ~m-ginative construction project will be started in the near future. 3. The long-awalted Robinson Street Bridge is nearly ready to start. I expect that tenders for the bridge contract will he called within the next few months and the project should be completed early in 1976. Excellent co-operstton has been received from the Niagara Parks Commission, Skylon, Welland Securities, Eugene Chorozy and those at government levels who will provide the necessary money. The estimated cost is $700,000.00 of which the City of Niagara Falls will pay only $160,000.00. We must not forgetL the co-operation of the Niagara Parks Commission and ~he Canadian Niagara Power Company during the reconstruction of Portage Road. Storm water had to be carried down the bank on Park Commission property, through their parking lot and down into the spillway of the Canadian Niagara Power Company. The Niagara Parks Commission also co-operated in the successful Blossom Festival Parade which marched down Murray Hill, through the Park to the Rainbow Bridge and across the river to the new Convention Centre in Niagara Falls,New York. This was a most successful parade for which thanks must also go to the Niagara Promotion Association for organizing and sponsoring it. However, in all conscience, I must come back to my original position on a very important issue and that is the question of whether the Niagara Parks Co~aission should pay taxes. May I make my position clear. I realize that large sums of money are required to maintain the parks from lake to lake and the Niagara Parks Commission should be proud of its wonderful parks system. I know that large amounts of money are paid to the Niagara Parks Commission by the Cansdian Niagara Power Company and the Ontario Hydra for what is known as water rentals. Also, most concessions such as stores and restaurants are making a good profit. I therefore intend to ask Council to pass a resolution requesting taxes from the Niagara Parks Commission, except for the park lands that we all enjoy and which bring so many tourist dollars into the City. The Commission should pay realty taxes on their stores, restaurants, etc., which are doing business in direct competition with private enterprise. Let me give you an illustration - the Princess Elizabeth Building, restaurant and souvenir store, at the foot of Clifton Hill, which is owned by the Commission, pays only business tax.. The C~lssion pays no land or building tax. The other businessass on Clifton Hill, in a highly competitive area, are ~aying taxes on land, buildings and also business tax. There was a time when a request of this kind would have been unfair because of the limited amount of money the Commissioff had to keep up its parks system. Since the Commission is now in a sound financial position, the day has come - 6 - to say, in all fairness, that it is obligated to carry its fair share of the tax load. Some may consider what I am going to say no~ is a small item. I do not consider it so. If you purchase a book of tickets to cross the Peace Bridge from Fort Erie to Buffalo, whether you have one passenger or five in your car, one ticket pays the bridge fare. However, the most important part is that the book of tickets dees not expire on any date and is good until all of the tickets are used. Not so with the Bridge Commission at Niagara Falls and Queenston. A book of tickets is sold and can only be used for 90 days. After this period, the book becomes the property of the Bridge Couunission. Representatives of Council should meet with the Bridge Conmission in the hope that they may be persuaded to allow our citizens the same courtesy given people who purchase tickets at the Peace Bridge. It may be possible that both Bridge Conmissionscould allow the tickets to be used on all bridgesno matter where the tickets are purchased. I am sure the Council shares with each and every resident of our City, a growing concern regarding the seemingly uncontrolled rate of inflation and its effect on our economy. The approach to be taken by Council in this matter has already been established by the recent decision to forego any increases in Aldermanic remuneration. Within the next few weeks, the Members of Council will be asked to determine those projects of a capital nature to be undertaken in the next five years. I would ask each Member of Council to consider carefully the priority of these items in an effort to curtail as much as possible, our long- range indebtedness. In an effort to min~anize further burden on our ratepayers, I would request that the Members of Council and all bodies requesting financial support from the City, examine carefully the 1975 budget allocations in order to limit increases. It would be most popular, but completely unrealistic, to suggest that we hold the line as far as tax increases for the coming year are concerned. The Municipality must pay for the increased cost of the services it purchases, just as ratepayers are obligated to do in purchasing goods and services they desire. Consideration can be given to a reduction in the level of service provided by the City, but it is quite unlikely that such reductions would be acceptable to the public. The increases in wages granted elsewhere will have serious effect upon the contract talks to ba held with both municipal employees and the fireman. .' ,Despite the.,uncertainty of present economic conditions, I am confident that our Cit~ ~ill 'Centlabs to expand its rol.e as the major tourist attraction of Canada. The completion of the proposed Robinson Street Bridge will spark new development in that area and other proposed expansions in tourist'facilities, such as the 3ules Verne Theme Park sad the enlargement of Marineland are indicative of an even greater importance of the tourist industry. As you are perhaps aware, the City Manager and I are members of the Niagara Falls Illumination Board as representatives of the City. As Chairman, I am pleased to announce that the Board has authorized the acquisition of nine Xenon lamps as the first phase of a complete relightlng program for the Cataracts. When completed, the relighting programme will enhance the beauty of Niagara end provide additional support for the tourist industry. As mentioned on previous occasions, we must cuntinue to co-operate with our American counterpart, the City of Niagara Falls, New York, in a Joint effort to promote a co=men goal. The new Council will be asked to deal with many exciting projects, one of the foremost being the Senio~ Citizens Complex on Huckley Avenue. It is my hope that the first phase of providing approximately 200 senior citizen units can be undertaken during the current year. If the availability of the required amount of property permits full completion of this project, I am sure it will become s model that other communities will follow. Other projects, such as railway relocation, require considerable length of time to be brought to completion. The teloration program was given new life by the passing of Bill C-27, but it cannot become s reality locally unless we continue to keep the matter active and press for its completion. - 7- The Portage Road (Oakes Drive) drainage system is not complete and the road will again wash out if we do not put in a proper drainage system to catch the water which seeps under the wall and through the road bed under the Penn Central Railroad right-of-Way. If we do not put in proper tile and direct this water through the new drainage system which was installed in 1974, the $250,000.00 invested will be wasted and another washout could occur. The water level in Lyon's Creek drops to an unbelievable low when the Hydro draws water out of the Niagara River after midnight. Many of the residents along the Creek are seriously affected as well as the Willo-Dell Golf Course which depends on the high water level to keep their water systems operating. I cannot see any remedy for this problem except to build control gates at the Lyon's Creek Bridge that will keep the water level consistent. The problem is caused by Ontario Hydro and should be remedied by them at their expense. The control gates will also improve the ecology and help to improve the fish and game life along Lyon's Creek and shores from the new Welland Canal to the Welland River (Chippaws Creek). I have been working with Mr. Del Taylor, who was the auditor for the former Township of Stamford, is well acqusinted with the area and who was appointed to the St.Lawrence Seaway Authority. Now Chairman of the National Natbouts Boded{ his effort in bringing water from the new canal at Welland should not go,unnoticed. Now that it has been made possible to improve the man miles of natural. Water flow, the animal, fowl, fish and vegetation along Lyon's Creek can be ma'de into one of the largest conservation areas in the Region. I am recoum~ending to the Council the appointment of a committee to meet with the Conservation Authority, City of Welland, the Regional Council, Ontario Hydro and our member of the Provincial Legislature to proceed with this project as soon as possible. This area should be preserved for generations to come. The land should be purchased, where possible, and where it cannot be purchased at this time, should be zoned conservation and park area. Other properties could be explored to create similar conservation, fish and park areas, such as tying the flow of water from one creek to another, as is now being studied by the Conservation Authority in Port Erie in linking Frenchmen's Creek to Miller's Creek. As your Mayor, and as outlined in my opening remarks, I recqgnize that I will not accomplish my obJectivea alone. The success of the term ahead will depend to a large degree on the capability of those persons who are ~harged with the day ~Q da~ administration ~f the municipality. I speak of the municipal. department heads and city staff. In this respect, our Municipality has been most fortunate. Our City Manager, Mr. S. R. Price, possesses a dynamic quality of leadership which has not been diminished by an occasional lack of support by all members of Council. His ability to understand and encourage staff is reflected in the excellent spirit Of co-operation that I have found exists between municipal departments. I would ask Council to afford to all staff the degree of support we expect they will afford to us. Inmy previous inaugural address, I suggested that Council create a climate thst would stimulate citizen interest in local government. The response has exceeded my expectations. To those citizens who served on the various boards, cnamiseions and conduittees during the past term, may I convey my appreciation. May I also commend the Council for acting on a suggestion of Alderman Wallace that a public invitation be extended to those wishing to serve the municipality as citizen appointees on a board or commission. The response was most enthusiastic and has confirmed to me that there is a genuine interest on the part of our citizens to play a part in the operation of our City. The Council now faces the difficult task of choosing those to be appointed from the many who are well qualified to serve. To all, regardless of the final outcome, may I convey our appreciation for your willingness to serve. During the past two years, the number of items discussed in camera has been continually reduced and our present method of making Council Committee meetings open to the public has worked well. The need to improve our information and assistance service to residents of our City must be a continuing objective. Persons wishing assistance must, in turn, recognize that it is not always possible, and certainly not in the best interests of the City as a whole, to grant their every request. - S - And finally, may I solicit the support, co-operation and encouragement of each and every citizen of our City. The decisions your Council will make during the next two years may not always agree with your own personal preference. We hope you will understand that we must work for those things that will benefit our City as a whole. Most of all, we must all work together - not for what we might gain, but rather for what we stand to lose through apathy and indifference. Following presentation of the Inaugural Address by His Worship Mayor George Bukator, it was Ordered on the motion of Alderman Orr, seconded by Alderman Puttick that the Mayor's address be included in the minutes of the meeting. BY-LAW No. 75-1 - A By-law to authorize the borrowing of $4,000,000.00. ORDERED on the motion of Alderman Schisler, seconded byAlderman Smeaton that leave be granted to introduce the By-law. Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart that the By-law be now given a second and third reading. Carried Unanimously ADJOURN~=NT ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the meeting adjourn. READ AND ADOPTED, SECOND MEETING Committee Rooms 2 & 3 January 13, 1975. SPECIAL MEETING Council met on Monday, January 13, 1975, at 7:30 p.m. prior to a meeting of the Council Committee meeting. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. DECLARATION OF OFFICE - ALDERMAN D. CROWE The City Clerk administered the Oath of Office to Alderman David Crowe. The Alderman was not present at the Inaugural Meeting. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the meeting adjourn to a Council Committee Session. READ AND ADOPTED, .~a. &l ........~ Mayor Con=aittee Rooms 2 & 3 January 13, 1975. Following a COuncil C~muittee meeting held Monday, January 13, 1975, Council reconvened in formal Council session on the motion of Alderman Thomson, seconded by Alderman Smeaton. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. REPORT~ No. 644 - City Manager (December 16, 1974) - Re: 1975 Capital Budget. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Orr that the Capital Budget be spproved as presented with an amendment on Page 11, Item 7 to indicate an amount of $100,000.00 suggested for the Lion's Club Swimming Pool Enclosure be allocated for the development of the South End Market. The motion / Carried with the following vote: AYE: Aldermen Crowe,Fera,Mann,Harrigan,Orr,Stewart,Schisler,Thomson,Wallace,Michael. NAYE: Aldermen Puttick and Smeaton. RE 80LUT I ON No.1 - MANN- SCHISLER - RESOLVED that The Council of The Corporation of the City of Niagara Falls, ACKNOWLEDGING that the rights and liberties of all men are the basic, fundamental principles upon which democracy is founded; and CONSIDERING that the elimination of discrimination between rich and poor in the procedure for the granting of bail and the assumption of innocence until the proving of guilt, are two of the most basic of these principles; and yet RECOGNIZING that there are signi£iCant. weaknesses in the operatipn of the present Bail Reform Act; and -2- Resolution No.1 (Cent'd) BELIEVING it to be evident that serious abuses of these fundamental rights and liberties, which are guaranteed to all, have been nmde by the ,,professional" or hard-core criminal element of society; RESOLVED that the Minister of Justice for Canada and the various Attorneys-General of the provinces should be requested to carry out an immediate study leading to a general tightening up of procedures under The Bail Reform Act, so as to prevent any further misuse or abuse of rights granted thereunder by the criminal element of society or by any who would attempt to profit by crime; AND FURTHER, that any such changes be designed to protect the lives and property of law-abiding citizens and be brought into effect as soon as nmy be possible; IT IS FURTHER REQUESTED that the Minister of Justice and the Attorneys- General of the Provinces undertake a study leading to the possible inclus ion in The Criminal Code of an offenee punishable by snmm.ry conviction, to be known as the offante of "Disorderly Conduct". It is requested that such offence be designed to take the place of previous effences known as "Loitering" or "Vagrancy" so that public places may be made safe and kept clear and in good order to the benefit of all law-abiding citizens, and so that those guilty of disreputable or disorderly conduct may be apprehended or prevented from carrying on unpleasant or unwarranted activities which diminish the rights and enjoyments of others; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the Council Committee Session adjourn to Cu.a~lttee of thaW hole. READ AND ADOPTED, lerk Mayor C~4ITTEE OF THE WHOLE Co~nittee Rooms 2 & 3 January 13, 1975 Council met in Cfamulttee of the Whole on Monday, January 13, 1975, following a meeting of the Council Co~Ittee Session. His Worship Mayor George Bukator presided as Chairman, All Members of CounciI were present. Following consideration of the items presented, it was moved by Alderman Fera, seconded by Alderman Schisler that the Cmmuittee o£ the Whole arise without reporting. BEAD AND ADOPTED, ~ Mayor -3- COUNCIL MEETING Committee Rooms 2 & 3 January 13, 1975. Council reconvened in open session following a meeting of the Conrnittee of the Whole. His Worship Mayor George Bukator presided as Chairman. All Members of Council were present. The meeting adjourned. READ AND ADOPTED, M~ayor ' THIRD bZETING CO~iITTEE OF THE WHOLE Committee Room No.1 January 20, 1975. Council met in Connnittee of the Whole at approximately 6:00 p.m. on Monday, January 20, 1975. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, Mayor REGULAR MEETING Council Chambers, January 21, 1975. Council met on Monday, January 20, 1975, at 7:30 P.M., for the purpose of considering general business. All Members of Council were present. Alderman Fera offered the Opening Prayer. His Worship Mayor George Bukator presided as Chairman. " ADOPTION OF MINUTES The minutes of Council meetings held December 30th, 1974 and January 6th, 1975, were adopted as printed on the motion-of Alderman Thomson, seconded by Alderman Fera. DEPUTATION NORTH AI~RICAN LABOUR PARTY Mrs. Lucille Boikoff was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. Mrs. Boikoff appeared before Council to seek support of a resolution pre- pared by the North American Labour Party in support of a debt moratorium, the development of fusion power and expanded agriculture and related industrial production. The petition is to be presented to Provincial and Federal Governments. Mrs. Boicoff elaborated on the intent of the resolution and urged Council to declare a debt moratorium on sll municipal debt within its Jurisdiction; to support the establish- ment of s federal agency to coordinate a crash program of research and development of fusion energy and the initiation of international cooperation, particularly with the United States and the U.S.S.R. for Joint implementation of development of fusion power; to support a moratorium on all farm debt repayment; conversion of existing defunct and idle automotive and related industrial production to produce tractors, trucks and other equipment necessary for expanded agricultnral production. UNFINISBED BUS INESS UNOPENED ROAD ALLOWANCES - FOPa~R TOWNSHIP OF WILLOUGHBY Report ~467 (Sept.16,1974) - City Manager - Re: Unopened road allowances in the former Township of Willoughby - Lots 20,21,22 and 23 in Broken Front Concession No.1. Recoupending that in order to permit the owners, Welland Securities (1984) Limited, to authenticate the right of title end to proceed with registration of the land under The Land Titles Act, Council approve the preparation and passing of a by-law to close the unopened road allowances and conveyance of the road allowances to Welland Securities. - 2- Unopened Road Allowances (Cont'd) Report #1 (1975) - City Manager - providing background information and advising that Mr.J .F.Swayze of the legal firm of Swayze & Swayze, solicitors for Welland Securities, will be present to provide additional information. ORDERED on the motion of Alderman Wailace, seconded by Alderman Thomson that Mr. Swayze be granted permission to address Council. Mr. Swayze indicated the location of the subject road allowances on a tabled map. The problem concerns approximately 315 acres of land owned by Welland Securities and the road allowances between First Concession running north and south and the road allowance running east and west between Lot 23, Broken Front and First Concession and Concession between Lot 20,21 and 22 in the former Township of Willoughby. Re indicated there was evidence in the Registry Office and in old records of the County of Wetland as to by-laws having been passed by the former Township in 1873 concerning all the road allowances. Mr. Sw~yze provided information in respect t~ evidence of transactions indicating the road allowanceswere, in fact, closed. He requested Council to pass the necessary by-law closing the road allowances and conveying them to Welland Securities to enable the property owners to authenticate the right of title and to proceed with the registration of the land under The Land Titles Act. Alderman Schisler maintained that if there is evidence the roads had been closed previously, there is no need for Council to pass a by-law. In the past, he said, all road allowances have been closed and anyone wishing to purchase the property was required to pay the "going price". ORDERED on the motion of Alderman Patrick, seconded by Alderman Thomson, that the reports of the City Manager be tabled for two weeks and referred to the City Solicitor for a report. ENVIRO~v~NTAL IMPACT STUDY - SMRINER'S CREEK Report #2 - City Manager - Referring to Mr. Peter Grandoni's request that Mr. Norman Mitchtnson be appointed to the Technical Advisory Committee to be established to work with the consulting firm engaged to undertake an Environ- mental Impact Study of Shriner's Creek. The report suggests that Mr. Jack Muir be appointed as the representative of the ratepayers and that Messrs Gagliardi end Grandoni be named as alternates in the event Mr. Muir is unable to attend any of the Committee's meetings. It was then moved by Alderman Mann, seconded by Alderman Orr that the report be received and adopted. ~ An amendment to adopt the report and Mr. Norman Mitchinson also be appointed of the Technical Advisory Committee was moved by Alderman Patrick, seconded by Alderman Thomson. The motion, as amended, was DefeSted with the following vote: ~..YE: Aldermen Patrick, Thomson, Orr and Wallace. NAYE:Aldermen Crows, Pars, Mann, Harrigan, Smeaton, Schisler, Michael, 8tawart. The motion on the floor to receive the report and appoint Mr. Muir to the C~ittee and Messrs Gagliardi and Grandoni as alternates Carried with Alderman Marrigan voting contrary and all others in fayour. SODOM ROAD-QEW INTERCBANGE ILLUMINATION Report 43 - City Manager - The report indicates that the Region will be con- sidering the advisability of lighting the Sodom Road-qEW Interchange and a recommendation will be made to discuss the matter with the. Ministry of Trans- portation and Coemunicstions with a view to obtain~ng some form of subsidy and s financial contribution from the Region. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows that the report be received and filed and a copy forwarded toRegloss1 authorities. CONSUMERS' GAS COt~A~Y - RATE INCREASE Cmnn.#l - Regional Municipality of Niagara - Submitting a brief opposing the proposed increased gss rates for the Provincial and Gri~-by service areas end suggesting any increase be phased over a five year period; requesting endorse- tion of the brief by area municipalities. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fera that the communication be received and the City of Niagara Falls endorse the brief as presented by the Regional Municipality and so advise the Ontario Energy Bosrd. - 3 - COMMUNICATIONS No.2 - The Regional Municipality of Niagara - Re: Interim Levy By-law. Submitting copies of a Regional By-law to provide for an interim levy against tile area municipalities in the year 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication he received and filed. No. 3 - Market Gardeners & Fruit Growers Association - Comments and suggestions re: development of Sylvia Place Farmers Market area. The communication includes suggestions regarding the size and location of a new building; the construction of walkways and archway; the erection of signs and improved and expanded parking facilities. Alderman Themson referred to a proposal previously considered by the Parking Committee whereby additional parking would be provided in the immediate area through the cooperative efforts of businessmen and property owners. The Alderrash s~ggested the scheme should be reviewed in conjunction with plans for the Sylvia Place Market. Alderman Puttick suggested that staff confirm if the farmers did, in fact, want a market building. He also suggested the new North End Market should be studied for at least a year and operating at full capacity before proceeding with improvements to the market at the south end of the City. ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler that the cormnunication be received and referred to City Staff for invest~gation and a report with respect to the improvements suggested by the Market Gardeners and Fruit Growers Association. The report is to include an indication of what proposals are considered reasonable; the approximate cost and an opinion as to whether or not the plans and specifications for the new market on Park Street might be suitable and adaptable for the Sylvia Place Market. No. 4 - Main and Ferry Business Association - Advising that the Association supports, in principle, the suggestions of the Market Gardeners and Fruit Growers Association respecting the up-grading of the Sylvia Place Market. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the communication be received and filed and the Main and Ferry Business Association be advised of the action of Council regarding the market improvements. No. 5 - Niagara Peninsula Rehabilitation Centre - Re: Transportation for the Handicapped. Providing information regarding the recoff~nendations of the Canadian Rehabilitation Council for the Disabled. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the communication be received and referred to the Transit Commission for comment. REPORTS No. 4 - City Manager - Re: Petition requesting changes to the City's by-law establishing the hours for the barberinS industry (a) to establish Monday as a con~oulsory closing day rather than Wednesday and (b) an adjustment to the hours of operation. Advising that the provisions of The Factory, Shop and Office Building Act which initially authorized the passing of a by-law have been repealed and, currently, The Municipal Act does not provide authority for Count il to establish the hours requested by the petitioners. The report suggests the t i f Council is of the opinion the barberinS industry should establish and regulate their c~dnworking hours, it will be necessary to repeal By-law 4~75, 1952. Mr. M.DeVellis, spokesman for the Niagara Palls Barbers' Association was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Fare. Mr. DeVellis explained that the petition was presented in aa effort to reduce the number of working hours as barbers now work sixty hours a week. In reply to questions regarding the possibility of the Association setting their own hours of operation, he advised that the membership of the Niagara Falls .Barbers' Association does not represent a majority of local barbers. It was then moved by Alderman Patrick, seconded by Alderman Thomson that the report be received and tabled for two weeks for additional information. The motion 9arried with the following vote: AYE: AIdermen Crows, Fare, Mann, Smeaton,Michael~Orr,Schisler, Stewart,Thomson. Puttick. MAIE: Aldezmen Wallace a~d Marrigan. -4- Reports (Cont'd) No. 5 - Mayor George Bukator - Re: New police Facilities, Advising that the plans for the new police building have been approved by the'Niagara Regional Board of Co~nissioners of police and the Commission has recommended that the Finance Con~nittee call tenders for the new facility; recommending that the special Police Building Cou~nittee, composed of Alderman Puttick, Aldernmn Wallace, the Mayor, the City Manager and the City Clerk be re-appointed for the continuation of negotiations with the police Commission and the Region. It was moved by Alderman Thomson, seconded by Alderman Harrigan that the report be received and adopted. The motion C_arried. unanimously. No. 6 - Mayor George Bukator - Re: Loitering - Main and Ferry area and other business areas of the City and Resolution of the City of Niagara Falls respecting deficiencies to The Bail Reform Act and the possible inclusion of a -Disorderly Conduct" offence in The Criminal Code. His Worship Mayor Bukator reported that copies of the resolution have been forwarded to the Men. Otto Lang, Minister of Justice for Canada, the Hen. John Clement, Mr. Roger Young, M.P. and the Association of Municipali- ties of Ontario for support. Me said he had presented the resolution to the Board of Co~nissionera of police and, as a result of cou~nents during the meeting, it was his understanding the resolution had been endorsed by the Commission. The resolution had else been presented to a meeting, in Toronto~ of the Regional Directors of the Canadian Federation of Mayors and Munici- palities and was supported, in principle. 'Mayor Bukator was also successful in obtaining the approval of the Directors of the C.F.M.M. at a meeting in Winnipeg and x with some slight amendments, the resolution had been forwarded to the provincial Police Commission as well as the National Police Force. The document will be dealt with more formally by the Federation at the annual convention. Mayor Bukator indicated the next step would be to meet .with the Hen. Otto Lang as well as the Hencurable John Clement, Attorney- General of Ontario, to solicit their support and assistance. It was moved by Alderman Schisler, seconded by Alderman Smeaton that the report be received and circulated to ares municipalities and the Regional Council-for endorserich. The motion Carried unanimously.. Aldernmn Thomson expressed concern about recent statistics which indicated an 18% increase in crime in the City of Niagara Falls as compared to a 5% increase in St.Cathsrinee during the past year, He also stated that representatives of business associations had suggested additional police protection was required to help the situation. FoE1oming considerable discussion during which members of Council expressed their opinions, it was moved by Alderman Thoumen, seconded by Alderman Orr that in view of the increased crime rate and the suggestions of representatives of business areas, the Regional Board.of Commissioners of police~ be requested to classify the City of Niagara Falls as a priority area and additional police officers be assigned to the Municipality. The motion Carried with the following vote: AYE: Aldermen Thomson, err, Fers, Schisler, gineaton, Stewart and Mayor Bukator. . NA"~:Aldermen Creme, Mann, Marrigan, Michael, Puttick, Wallace. No. 7 - City Manager - Re: Comparison of House Costs and TaXes - Royal TruSt Company. A summary of comparison costs for 42 cities throughout Canada and 24 cities in the Province of Ontario was provided ~or the information of Council. The survey indicated that the City of Niagara Falls is rated as one of the lowest in all cstegoties, the tax figure for the City being the second lowest of 24 cities in ontario. ORDERED on the motion of Alderman Nsnn,'sec~nded by Alderman Smeaton that the report be received and filed. No. 8 - City ManaBer ~ Re: Contract e,C.40-7~,Sewermain and Watermain installa- tions on Morrison Street for the Animal Hospital. Advising that the low tender exceeded the original estimate and s copy has been forwarded to tieproperty owner for a decision as to whether he wants to proceed with the services at this time. ORDERED on the motion o~ Alderman 8chtsler, seconded by Aldez~nsn Fera that the report be received and filed. - 5 - Reports (Cent'd) No. 9 - City Manager - Re: Great lakes Park Training Institute, Annual Seminar, February 23rd to 27th,1975. Recommending that one member of the Parks Department be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael that the report be received and adopted. No. 10 - City Manager - Re: Shriner's Creek Study. Advising that the Provincial Government has approved the Environmental Impact Study and the engagement of proctor and Redfern Limited as the consultant. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the report be received and filed. No. 11 - City Manager - Re: By-law to provide for an interim levy of taxes for the year 1975 and By-law to provide for the collection of interim taxes. The report proposes that 45 mills be levied on real property assessment and 52 mills on business assessment. The by-law for the collection of taxes provides insraiment due on April 1, 1975. The report recommends that the by-laws be enacted by Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. See By-law Nos. 75-6 and 75-7 No. 12 - City Clerk - Re: AM-52/73, Restricted Area By-law No.74-216, Empire Motel Ltd. Centre Street. Approval of the rezoning application would permit the erection of additions to two existing buildings for the purpose of a motel, with or without a restaurant and retail store. The report advises that as a result of the usual notification procedure, one letter of objection was received and requests Counctl's direction in the matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows that the report of the City Clerk be received and filed and notwithstanding the objection received, Council re-affirm approval of the application and the application, together with the letter of objection be forwarded to the Ontario Municipal Board for consideration. No. 13 - City Manager - Re: Conveyance of lands, Portage Road, north of Thorold Stone Road. Advising that the deed for the Vormittag lands was not registered and the property has been sold to McNslly Bros. (1965) Limited; the so~tcitor for the new owners has asked the City to convey the lands in question in order to correct a defect in the title and permit the lands to be transferred into The Land Title system; recommending approval of the request and the required by-law. Note: Alderman Crowe declared a conflict of interest and abstained from discussing or voting on the matter. .ORDERED on the motion of Alderman .Wallace, seconded by Alderman Thomson that the report be received and adopted. The motion Carried with Alderman Crowe abstaining and all others voting in favour. See By-law No. 75-13 No. 14 - City Manager - Re: Ontario Good Roads Association Annual Convention, Toronto, February 24th to 26thf 1975,inclusive. Recon~nending that five members of the Engineering Department and one Alderman be authorized to attend the O.G.R.A. Convention and that Council authorize the attendance of any Aldermen wishing to participate in the one day seminar for Councillors on Monday, February 24th. It was moved by Alderman Mann, seconded by Alderman Smeaton that the report be received and filed and two members of the Engineering Department and one Alderman be authorized to attend the Convention and any member of Council wishing to do so, be authorized to attend the one day seminar. The motion was Defeated with the following voee: AYE: Aldermen Mann, Smaaton and Wallsco. NA~ Aidemen Crowe,Fera,Harrigan,Michael,Orr,Put~ick,Schis let,Stewart,Thomson. It 'was then moved by Alderm~n Putticks seconded by Alderman Harrigan that the report be received and filed and five members of the Engineering Depart- ~nt only be authorized to attend the Ontario Good Roads Asset.Annual Convention and report to Council on the proceedings. The motionCar.tied with the following vote: AYE: Aldemen Fera,Marrigen,Mtchael,Puttick,Orr,Schisler,Mayor Bukator. ..~.:Aldemen Mann~Crowe,gmeaton~Stewart,Thomson,Wallace. f -6- Reports (Cent'd) No. 15 - Planning and Development Connnittee - Advising that the meetings will now be held on a regular basis on Wednesday evenings at 7:30 p.m. in Committee Rooms 2 & 3 every two weeks; recommending that Robert Keighan be invited to be -an Ex-officio member of the Planning and Development Cubittee. ORDERED on the motion of Alderman Harrigaq, seconded by Alderman Wallace that the report be received and adopted. No. 16 - City Manager - Re: protective Screening at Jack Bell Arena. Referring to an earlier petition concerning the removal of protective screening at the .Jack Bell Arena as it impairs the vision of spectators. The report recommends removal of the existing screening material from the north side of the Jack Bell ice surface at the time of installation of unbreakable glass screening, such installation to be considered doting discussions of the 1975 Operating Budget; the cost is estimated to be $3,000. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. No. 17 - City Manager - Re: Rental of Snow Removal Equipment. providing information regarding the limited success in arranging for the rental of snow removal equipment; advising that only Duffin Contractors offered a front-end loader at $18.00 per hour on an "as available" basis. Mr. Duffin accepted a cul-de-sac route on the proviso that he also receive stand-by pay from Decanter 1,1974, as other snow removal contractors do. This was agreed upon and the work is fully satisfactory. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the advisory report be received and filed. No. 18 - City Manager - Re: Proposed Plan of Subdivision,Foxhill Properties Ltd., Mount Forest II. Recommending preliminary approval of the proposed plan subject - to eight conditions enumerated in the report and that final approval be subject to recc~nnendations resulting from the Enviromnental Impact Study; rec~a~ending also that Council certify by resolution, that the application conforms to the Official Plan Amendment No, 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing. The City Engineer noted that the report dealt with a new draft plan of subdivision submitted following Council's decision to have an Environmental Impact Study done for the Shriner's Creek area. He suggested, on that basis, final approval should be withheld until the recon~nendations of the study are considered by City Council and the Niagara Peninsula Conservation Authority. It would be hoped, he said, that following the report on the study, sufficient means of controlling this type of drainage would be recommended, so subdivisions can proceed. Alderman Puttick suggested that Council has authority to ask any subdivider, particularly west of the Q.E.W. to pay s share of the cost for any work mShriner~s Creek if the Environmental Study indicates projects can proceed.ll q a i e s tyto make any financial contribution. The Aldernmn raised the question of the develops paying the 25%. The City Engineer pointed out that the retention pond and acquisition of certain lands are involved. The Department of Natural Resources, through the Niagara Peninsula Conservation Authority, has approved subsidizerich of the project on the basis of the Municipality's contribution. The question is whether the Department would subsidize the work if the Municipality derived funds from private sources. He suggested Council could reserve final approval of Mount Forest II plan of subdivision as details will be considered when the subdivider~s agreement is prepared. Alderman Smeaton questioned the advisability~ of asking this particular developer and others who have not yet received draft plan apprc,eal, to pay toward the retention pond while other existing subdivisions division be advised of the possibility of cost-sharin~ arrangements. It was m~ed by Alde~n Pubtick, seconded by Ald. Wallace, tha~ ~ha report of fibs City ~naBer 'be received and adopted. ~e motion Carried u~n~o~ ly. ' It was ~hen m~ed by Alde~n Puttick, seconded by Alge~n Th~on ths~ s~a~f be directed ~o p~epa~e s report reSa~ding the feasibility of charging ~he developers ot lands ~lnS exis~ drainage courses, for all or a portion of ~he cost of any work raqui~ed ~o pr~tde drainage ~or ~roposed subdivisions. ~e motion Car~te~ u~n~o~ly. See Resolution - 7- Reports (Cent'd) No. 19 - Alderman W. Smeaton - Re: Twinning Committee. A review of the program designed to implement the twinning of the City of Niagara Falls with the Town of Kingstown on the Island of St.Vincent. The report recommends (a) that the 1975 Council adopt the recommendation that the Town of Kingstown be recognized as the Municipality's twin city; (b) an amount of $1,500. be included in the 1975 budget to cover costs incurred in finalizing the twinning arrangements and for administration costs only; (c) immediate contact be made with the Warden of Kingstown to determine if representatives could be present for twinning ceremonies in conjunction with the Blossom Festival in May 1975 and (d) if so immediate arrangements be made through the Niagara Promotion Association; (e) that twinning ceremonies take place in Kingstown later in the year and (f) the establishment of a Steering Committee by the Twinning Association and including two members of Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted. ORDERED on the motion of Alderman Puttick, seconded by Aldermen err that Aldermen Smeaton and Wallace be appointed as the City's representatives on the suggested Steering Conmittee. No. 20 - Planning and Development Committee - Re: AM-38/74 Five-O Holdings, 5547 portage'Road,Part Township Lot 126, opposite the Greater Niagara Genera~ Hospi- tal. The application requests a change in zoning to permit renovation of part of an existing home for the purpose of establishing a flower and gift shop.The report recommends approval of the application subject to parking being provided to the rear of the building, the character of the building being retained and subject to a site plan agreement; further, that Council certify, by resolution, that the application conforms to the 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 Smeaton, seconded by Alderman Michael that Mr. D. Newton, Mr. F. Hendershot and Mrs.G.Walker be granted permission to address Council. Mr. Newton, a resident of the area, objected to the establishment of a flower and gift shop and expressed concern about depreciation of adjacent properties. He stated that on earlier occasions, two long-time residents had been denied permission to convert their homes for commercial purposes and - expressed the opinion that approval of an apartment building and a flower shop in the neighbourhood indicated "special privileges"emt~tdaa not conform to the concept of planning. Mr.F.Hendershot of 5533 Portage Road immediately north of the.property in question, objected to the application citing existing parking problems in the vicinity of the hospital. The two properties have a common entrance and Mr.Hendershot was of the opinion that the flower shop customers would be parking and turning around in his driveway as the site plan indicated three parking spaces in front of the applicant~s property. Mrs. Walker, solicitor for the applicant, stated that Mr. Green has already invested approximately $50,000. in theventure and intends to reside in the house. He operates a similar bus lutes,successfully, opposite the hospital in St.Catharines. The character of the building will be maintained, the-only chang~ being to the verandah which will be closed in to form part of the flower shop area. Mr. Hendershot's objections with respect to parking at the front of the building, she said, are non-existent inasmuch as parking will be restricted to the.rear of the property as stipulated by the Planning and Development Committee. Maps of the general area were distributed to members of Council indicating that only three of sixteen properties were single-family residential. Among the non-residential uses were the professional building, the hospital, 'the Credit Union building, a school of music, a confectionery and gas bar and Niagara Television & Supply operated by Mr. Newton. In addition the Ontario Municipal Board has approved construction of a 7-unit apartment building in the area on a vacant lot smaller than that of the applicant. Mrs. Walker maintained that the proposed use was good for the s ire and for an area which is no longer predominantly single-family.residential but a "neighbourhood in transition" with many spot connnerctal uses. Alderman Puttick noted that the applicant operates a taxi and limousine service in the City of St,Catharines and suggested the possibility of using the pFemises for similar services if the flower and gift shop was not successful. He indicated there would be objections to an a~plication for a taxi permit. In reply, Mrs. Walker stated -8- Report #20 (Coat'd) that under the terms of the site plan agreement such an endeavOur would not be possible and would require an entirely new application. It was then moved by Alderman Harrigan, seconded by Alderman Puttick that the report of the Planning and Development Committee be received and adopted and the application approved. The motion Carried unanimously. See Resolution No. 3 OFFICIAL PLAN AMENDMENT - CANADIA SITE The report of the City Clerk, listed on the agenda as Item 21, was brought forward for consideration at this time. Report No. 21 - City Clerk - Re: Amendment to the Official Plan to permit the development of a plan of subdivision for property on the east side of Dorchester Road (Canadia site). The report notes that on December 30,1974, Council reconmended to the 1975 Council, adoption of Official Plan Amend- ment No.73. Recon~nending approval of the appropriate by-law appearing later on the uganda. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Michael that Mrs. Wultchyn be granted permission to address Council. Mrs. Wultchyn said she had no objections to the plan but was concerned about the affect on plans to build a residence on her lot on Keiffer Street if Ray Avenue was moved easterly. Mrs. WultchynJs points of concern were resolved by the Assistant Planning Administrator, C. Larsen. ORDERED on the motion of Alderman Thomson, seconded by Alderman. Smeaton that the report of the City Clerk be received and adopted and the relevant by-law be given three readings; further, that Council, by resolution, certify that the application will conform to Official PlanAmendment No. 28 when Amendment -No. 73 is approved by the Minister of Housing. See Resolution No. 4 See:By-law No.75-2 Report No.22 - Deputy City Clerk - Re: Thamesford Recreation Lottery.Advising of a request to sell tickets in the City of Niagara Falls. In view of the fact that several local organizations are endeavouring to raise funds to assist in contnunity projects through lottery schemes) the report recommends that the ' application be denied. ORDERED on the motion of Alderman Mann, seconded by Alderman 8chisiet that the report be received and adopted. ~o. 23 - City Manager - Re: Rating By-law for $620,000.00 Debenture Issue. Advising that the purpose of the rating by-law is to provide for the imposition of rates which will raise the amount of money to be turned over by the City to the Region to meet the instalments of principal and interest falling due on the debentures. An appropriate by-law appears later on the ~genda. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and filed.. See By-law No,75-4 No.24 - Clty Nsnsger . Re: Issue of Debentures. Submitting s schedule of aspits1 projects to be financed for the City in the aggregste amount of $92,000.00; recoa~nending the Regional Municipality of Niagara be requested to issue debentures in accordance with the terms and amounts set out in the schedule snd the City confirm it has entered into a contract for, or authorized the commencement.of all works or projects included in the schedule. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the reporC be received and adopted. · See Resolution No.7 - 9- ReporCs (Cont'd) No. 25 - City Manager - Re: Parking on the south side of Huron Street between Ontario Avenue and Erie Avenue. Recommending that parking meters be installed on the south side of Huron Street between Erie Avenue and Ontario Avenue in accordance with the Parking Meter By-law and as approved by the Municipal Parking Connittee. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Fera, Mann, Harrigan, Smeaton, Schisler, Stewart, Thomson, Wallace, Orr. NAYE: Aldermen Puttick and Michael. No. 26 - City Manager - Re: Weed Inspector. Re: By-law to appoint a Weed Inspector. Reconmending that Mr. Vito Scaringi be re-appointed as Weed Inspector from May 1st to Oct.31, 1975. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the report be received and adopted. See By-Law No.75-5 No. 27 - City Manager - Re: Building Permits - Regional Construction Projects.. Referring to the Regional request that area municipalities issue building- permits without charging a fee; reviewing the procedure presently followed; recommending Chat City Council advise the Region that building permit fees will continue to be paid by the Region in the future. ORDERED on the motion of Aldernmn Thomson, seconded by Alderman Fera that the report be received and adopted. No. 28 - City Manager - Re: Site Plan Approval,Blocks B & K,N.S.15,Heritage Homestead Sebdivision Non-Amendment No.24, Stanley Ave. at Heritage Drive. Recon~nending that City Council approve the site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael that the report be received and adopted. No. 29 - city Manager - Re: Transfer of Service Roads at the Q.E.W.-Mountain Road Interchange. Advising of a request from the Ministry of Transportation and Communications that the City accept the transfer of certain road widening strips and new service roads constructed by the Ministry in conjunction with' the reconstruction of the Q.E.W.-Mountain Road Interchange; recommending that a resolution be passed accepting the transfer of the roadways and road widening strips enumerated in the report and s copy be forwarded to the M.T.C. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Puttick that the report he received and adopted. See Resolution No.5 No. 30 - Planning and Development Committee - Re: AM-25/74,H.Pelose,Lots 682 & 683,Plan 2628,northeast corner Buchanan Avenue and Kitchener Street. A request for a change in zoning to permit construction of a pizzeris; recommending approval of the application subject to a site plan agreement and certification by a resolution of Council that the application conforms to Official Plan Amend- ment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Fern, seconded by Alderman Crowe that the r~port be received and See Resolution No.6 and By-law Nos.75-8 and 75:9 No. 31 - City Manager - Re: Building Permits issued during the month of December 1974. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Michael that the report be received and filed. No. 32 - City Manager - Re: Building Report,December 1974. Submitting a brief explanation of the building activities for the total yescand advising that the complete yearly report will be provided to Council in the near future. ORDERED on the motion of Alderrash Smeston, seconded by Alderman Fern that the advisory report be received and filed. No.33 - City Mann er - Re: Miscellaneous requests for Tag Days and similsr events. Recommenoxn$ approval of the Tag~Days and a prove1 of the New Liberal Association request to use O~kes Park for a ~lnter Carnival. The report also rsc~um~ends that requests ~or Tag Days be approved by the City Clerk without the fomality of bringing the matter to Council. If, in theopinion of the Clerk, approval should not be granted, the request uill be re~erred to the City Council for a decision. ORDERED on the motion o~ Aldermen Mann, seconded by Alderman Thomson that the report be received and adopted. ...... 10. e - 10 - Reports (Cont'd) No. 34 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and adopted and licences granted. No. 35 - City Manager - Reconmending payment of Municipal Accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows that the report be received and adopted. RESOLUTIONS No. 2 - POTTICK - WALLACE - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Foxhill properties Ltd. for development of approximately 9.7 acres of property Iotated south of Mountain Road and to the north and east of "Mount Forest" subdivision plan, and known as "Mount Forest II", conforms to the Official Plan Amendment No. 28 of the Niagara .Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 3 - HAREIGAN - PUTTICK - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Five-O Holdings for the rezoning of property known as Part Township Lot 126 and located at 5547 Portage Road, conforms to the Official Plan Amendment No.28 of the Niagara Falls Planning Area, as amended and apprcved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 4 - THOI~]0N - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Cansdis (Niagara Falls) Ltd. for the development of property known as Part Twp. Lots 107 and 114 and Part of Registered Plan 108 (Dorchester Square) will.conform to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area when Official Plan Amendment No. 73 is approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No.. 5 - SMEATON - PUTTICK - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby accept the transfer from the Ministry of Transportation and Co~munications certain new service roads indica ted on a map submitted by the Ministry and described as (1) Mewburn Road Diversion from Mewburn Road to Montrose Road and (2) West Service Road from Mootrose Road to Katar Road; and be it FURTHER RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby accept the transfer from the Ministry of Transportation and Co~nunications certain road widening strips as indicated on a map submitted by the Ministry and described as (1) East Side of Mootrose Road from the Q.E.W.northerly approximately 500 feet; (2) West Side of Mootrose Road from the Q.E.W. northerly approximately 1,000 feet; (3) East Side of Mootrose Road from Mountain Road northerly approximately 800 feet and (4) both sides of Mewburn Road from the Q.E.W. northerly approx4mntely 300 feet; AND the Seal of the Corporation be hereto, affixed. Carried Unanimously No, 6 - FERA- CROWE- RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application 0fH:. Pelose for the rezontng of Lots 682 and 683,R.P.2628, located at the northeast corner Of Kitchener Street and Buchanan Avenue, conforms to the Official Plan Amandment No. 28 of the Niagara Falls Planning Ares, as amended and approved by the Ninister of Nonsing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No, 7 - MANN - VERA - RESOLVED that the Corporation of the City of Niagsra Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out in the schedule attached hereto; and, further, thst the City of Niagara Falls hereby confirms that it has entered into e contract for, or authorized the oo~v~neemant of all Works or projects included in the schedule; AND the Seal of the Corporation be hereto affixed. Carried Uxmnimoualy - 11- BY.- LAWS ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No.75-2 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Cansdis site) No.75-3 - A By-law to authorize a lease of the former public library to Social Planning Council of Greater Niagara. No.75-4 - A By-law to provide for the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara in the principal amount of $620,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. No. 75-5- A By-law to appoint a municipal weed inspector. No.75-6 - A By-law to provide for an interim levy of taxes. No.75-7 - A By-law to provide for the collection of interim taxes for the year 1975. No.75-8 - A By-law to authorize the execution of a site plan agreement with Harry Pelose. No.75-9 - 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. (Pelose) No.75-10 -A By-law to authorize the execution of a site plan agreement with WilliamMaroney carrying on business as Five-O Holdings. No.75-11 -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. (Five-O Holdings ) No.75-12 -A By-law to authorize the sale of land. (G.A.Romeo and Sam Cardsmona; V.M.Baldo; N.E.Brennan) No.75-13 - A By-law to authorize the conveyance of parts of the unopened road allowance between Township Lots 72 and 73 to MeNally Brothers (1965) Limited. (Portage Road) No.75-14 -A By-law to provide monies for general purposes. Carried Unanimousl7 ORDERED on the motion of Aideman Mann, seconded by Alderman Schisler that the following by-laws be now read a second and third time: No. 75-2 - A By-law to provide for the adoption of m amendment to the Official Plan of the Niagara Falls Planning Area. (Cansdis site) No. 75-3 - A By-law to authorize a lease of the format public library to Social Planning Council of Greater Niagara. No. 75-4 A By-law to provide for the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara in in the principal amount of $620,000.00 issued for the.purposes of The Corporation of the City of Niagara Falls. No. 75-5 - A By-law to appoint a municipal weed inspector. No. 75-6 - A By-law to provide for an interim levy of taxes. ~o..,~5-7 - A By-law to provide for the collection of interim taxes for the year 1975. No. 75-8 - A By-law to authorize the execution of a site plan agreement with Harry Pelose. ~o. 75-9 - 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. (Pelose) - 12- By-laws (Coat'd) No.75-10 - A By-law to authorize the execution of a site plan agreement with William Marenay carrying on business as Five-O Holdings (Portage Rd. No.75-11 - 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. (Five-O Hldgs,- Nj.75-12. - A By-law to authorize the sale of land. No.75-13 - A By-law to authorize the conveyance of parts of the unopened road allowance between Township Lots 72 and 73 to McNalley Brothers (t965) Limited. (Portage Road) No.75-14 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS YOUNG MENS ' HOCKEY LEAGUE In response to questions raised by Aldermen Smeaton, Alderman Mann, , a member of the Recreation Conlnission, confirmed that the reported problems within the Young Mens' Hockey League at the Jack Bell Arena had been resolved BOB BURGER - DETACHED YOUTH WORKER Alderman Smeaton referred to the minutes of the Recreation Commission meeting Bo and cemmnts regarding the Outreach Program cooperatively operated [~y the y Club of Greater Niagara and the Commission. Alderman Smeaton commended Mr. Bob Burger, a Detached Youth Worker for his work with the young people in the Westfield Court area. Since initiation of the program the police have reported the number of calls received in respect to children has been reduced by 70 to 80% ands in addition, the Attendance Officer for the School Board has indicated the number of children failing to report to school has decreased by 50%. POLICE BUILDING SITE Alderman Wallace noted that the new police building when constructed e n e r 8 of the provincial government freeze on funds for such purposes, it is expected! to be some time before the court house becomes a reality. The Alderman suggested that, in the meantime, the property would be an excellent site for a much-needed park in the downtown area, equipped with benches and picnic facilities. He also suggested consideration be given to a fence or some method meats to the most easterly end where the market buildings r r located. It was the view of Alderman Wallace that consideration should also be given to further future development by the creation of an open .air ice' rinkt as a focal point for the downtown area. ' It was moved by Alderman Wallace, seconded by Alderman Thomson that the matter be referred to staff for an early report as to the possibility of developing the excess property in the City block south of City }fall, within the current budget, for park purposes and, further, that a future report outline additional capital projects for the area. T~.e-motion Carried unanimous]i 1976 SUNt~R OLYMPICS Alderman Puttick referred to a unanimously approved resolution of Council dated February 5, 1973, requesting federal authorities to give thorougt and careful consideration to the subsidization of the 1976 Olympics and suBgearing that rather than a "one-shot extravaganza" the money could be far better used across Canada for individual athletic endeavours. A reply from the office of Prime Minister Trudeau, he said, stated emphatically that the federal govermnent will not subaidi~e the Games. It was moved by Alderman Puttick, seconded by Aldermen Mann that Council re-affirm the position Chat the Olympic Games should not be subsidized~ in any way by the federal government and copies of the earlier resolution be forwarded to Roger Young, N.P. and the Executive Assistant to the Prime Ninister. The motion ~arried unanimously. -. - 13 - UNION NEGOTIATIONS It. was moved by Aldermen Puttick, seconded by Alderman Michael, that proposals submitted to the City Council by the Canadian Umion of Public Employees, Local 133 and the Niagara Falls professional Firefighters, Local 528, be made public in their entirety. Several members of Count il gave their reasons for opposing the proposed motion and expressed concern that such action would prejudice negotiations and make collective bargaining impossible. His Worship Mayor Bukator suggested approval of the motion would necessitate a change in established policy whereby matters concernin~ litigation, property acquisition and personnel are discussed in Conunittee of the Whole. The City Manager, in response to several questions, described the procedure followed in negotiating union contracts and stated that nego- tiations are carried out in mutual trust, good fa fth and understanding. Alderman Michael withdrew his motion to second and no vote was taken on the matter. C01~4ITTEE MEETINGS - ALDERMANIC AITENDANCE Aldermen Puttick proposed a motion directing the City Clerk to report to Council, on a regular 60-day basis, a record of the attendance by the Alderman at the various meetings of boards, commissions and con~..ittees to which they are appointed. The motion was not seconded, MR. MIKE BARTO It was moved By Aldermen Puttick, seconded by Alderman Thomson that a letter of sympathy be forwarded to the family of the late Mike Barto, a well-known, respected resident of the Municipality. The motion Carried unanimously. NIAGARA FALLS LIBRARY BOARD - RETIRING MEMBERS His Worship Mayor George Bukator commented on the many years of Service to the Niagara Falls Library Board by retiring members Mr. George Hamilton and Mr. Mike Quinlan. Mr. Hamilton was first appointed to the Board in 1942 and Mr. quinlan in 1946. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that a letter of appr~clation be forwarded to Mr. Hamilton and Mr, Quinlan. ADJOURNMENT The meeting adjourned at 11:30 p.m. on the motion of Alderman Schisler, seconded by Alderman Fern. · ~ AND ADOPTED, ~ &a~a, Mayor FOURTH MEETING Council Chambers, February 3, 1975. REGULAR MEETING Council met on Monday, January 3, 1975, at 7:30 p.m., for the purpose of considering general business. All Members of Council were present with the exception of His Worship Mayor George Bukator. Aldermen Crowe offered the Opening Prayer. RESOLUTION No. 8 - THOMSON - FERA - RESOLVED that Alderman D. Wallace be appointed as Presiding Officer during the absence of His Worship Mayor George Bukator; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Aldermen Mann that the minutes of a regular meeting held January 20th, 1975, be adopted as printed. DEPUTATIONS BUSINESS AND INDUSTRIAL GROWTH COMMITTEE Corm. No. 6 - M~. George Wierdsme, Chairmen, B.I.G.Committee - Mr. Wierdsma read a prepared statement, copies of which had been distributed to members of Council. The communication includes a review of the 1974 activities of the Committee, provides information as to the responsibilities of the B.I.G. Staff ashwell as the report by the Manager on the German trip from October lg to November 19, 1974. Alderman Thomson, as a member of the Con~ntttee, thanked the members for attending the meeting and preparing the report. It was moved by Aldermen Thomson, seconded by Alderman Smeaton that the report be received and filed. EXPANSION OF B.J. 'S LTD. Mr. Jerry Fishman was granted permission to address Council on the motion of Alderman Smeaton, seconded by ,Alderman Mann. Mr. Fishmen provided copies of drawings indicating the expansion plans for B.J.'s Lid.which have been delayed since 1972 because of the Cityts policy respecting perking spaces. At that time it was the decision of Council to interpret the policy regarding cash in lieuof providing parking spaces as indicating that expans ion of the property would result in the number of mrking spaces being short of requiremencs. The company considered a charge of $6,400. as being unfair and had not proceeded with expansion plans. Mr. Fishmen said that since that time parking spaces for eleven vehicles had been provided at the rear of the property but, in spite of advertising the avail- ability of parking, the lot was used only about 2% of the time. He noted also that there is now a large parking lot on the site of the former Market Square. Mr. Fishman suggested that seven empty stores on Queen Street was an indication of whet is happening in the City's core area and expressed the opinion that the City is not in a position to give the dowtomn merchants a "rough time". He said he had no interest in locating in a shopping plaza and preferred to increase his advertising budget and expand the existing premises to 5000 sq.ft. It was moved by Alderman Thomson, seconded by Alderman err that the matter be referred to staff for a report to be submitted at the next meeting of the Council Committee. Members of Council will also be provided with s copy of the existing policy regarding agreements for cash in lieu of parking spaces, a resum~ of by-laws authorizing individual agreements in similar cases as well as information regarding The Niagara Falls Act whereby the City is authorized to enter into such agreements. The motion OaFrind unanimously. BY-IAW ENEORCEt~NT OFFICERS ORDERED on the motion of Alderman Sinaaron, seconded by Alderman Schtsler that Mr. Robert L. Garrard, President, Ensign Security Service Lid., be granted permission to address Council. -2- BY-LAW ENFORCEMENT OFFiCERS (coni'd) Mr. Garrard described his company as being a civil organization providing the best service available. He expressed interest in providing the City of Niagara Falls with by-law enforcement officers to enforce the City's and Region's by-laws. The proposal for the City is to provide female officers for street patrol. With the type of service available, he said, Ensign Security Services is not limited to retired personnel and will endearour to provide a better service by younger people. The report of the City Manager respecting the By-law Enforcement Officers' Contract was brought forward for consideration at this time on the motion of Alderman Thomson, seconded by Alderman Crows. Report No. 36 - City Manager - Advising that submissions have been received ~rom the Canadian Corps of Cormnissionaires and from Ensign Security Ltd. for the provision of services for the 12 month period commencing March l, 1975. The report recordmends that a one year contract be entered into with the Cana- dian Corps of Connissionaires in accordance with the agreement appearing later on the agenda and the required by-law be given three readings. The report suggests the cost differential is slightly under 27o and is inadequate reason to ma~e a complete chan~e in personnel for by-law enforcement purposes. Pollowing further discussion, it was moved by Alderman Thomson, seconded by Alderman Stewart that the report of the City Manager be received and adopted. The motion Carrie~ unanimously. See By-law No. 75-16 4 UNFINISHED BUSINESS CANADIA NIAGARA PALLS LIMITED Report No. 37 - CityManager - Re: Proposed Plan of Subdivision, Canedie Niagara Falls Ltd., "Botchester Square", File 26T74175. The report reconxnends preliminary approval of the proposed plan subject to ten conditions enumerated in the report. The City Clerk referred to condition ~5 respecting the dedication of an additional 10 feet of that portion of the Cansdid property lying iumediately adjacent to the south flankage of Dawson Street and suggested an amendment to the condition whereby Pettit Avenue south of Dawson Street could also be widened to 76 feet. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted With an amendment to condition No. 5 to provide an additional 10 ft. dedication to permit the widenin~ of Pettit Ave. south of Dawson to 76 feet. PETITION FROM NIAGARA FALLS BARBERS' ASSOCIATION Report No. 4 - City Manager - Re: Petition requesting changes to the City's by-law establishin~ the hours of operation for the barberinS industry - a) to establish Monday as a compulsory closing day rather than Wednesday and b) an adjustment to the hours of operation. The report suggests that if Council is of the Opinion that the barberinS industry should establish and regulate their own working hours, it will be necessary to repeal By-law 4775, 1952. Report No. 38 - CityManager - Advising that a meeting was held with represen- tatives of the barberinS industry and they have requested that Council repeal the existing by-law and pass a new by-law chark~in~ the compulsory closing day for barber shops fromWednesday to Monday and if Monday is a statutory holiday, shops remain closed on Tuesday of that week. It was also agreed that the by-la~ conform to provisions of Section 355 of The Municipal Act in respect to hours closing whereby shops must close during the hours of 6 o'clock in the afternoon 5 o'slock in the forenoon of the next day. ORDERED on the motion of Aldet~nan Mann, seconded by Alderman FeTe t~at the report be received and adopted and the required by-law be prepared for pre- sentation at a later date. The motion ~a~r~ed with Alderman HarriSan voting contrary and all others in fayour. ACQUISITION OF ~ROPERTYADJAC~NT TO NIAGARA SOUTH RECREATION COMPLEX Report No. 622(Dec.4,1974) - CitVMana2er - Re: Availability of property i~nedistely adjacent to the northerly boundary of the Niagara South Recreation Complex; suSSestin~ that Council raco~a~end to the 1975 Council that provision be made in the 1975 Current Budget for funds for acquisition of the property. -3- Report ~39 (Cont'd) Report ~39 - City Manager ~ Recommending that Council authorize the purchase of the property at 8954 Sodom Road at a price of $22,000.00 and that provision be nmde in the current Operating Budget for the necessary funds. During the discussions on the subject, Alderman Smeaton expressed concern about the City's expenditures during 1975 and raised questions regarding the necessity ofacqniring the property. The City Clerk explained that in addition to the building obstructing the view of the new recreation complex, there is also the possibility of the property being developed for commercial or residential purposes not compatible with the operation of recreational facili- ties. Since construction of the arena, the property owners have no privacy and are constantly bothered with children cutting across the lawn. It was moved by Alderman Smeaton, seconded by Alderman Puttick that the report be received and referred to the Budget Meeting for consideration. The motion Carried with the following vote: AYE: Aldermen Crowe,Fera,Harrigan,Michael,PutticksSmeaton,Schis let. NAYE:Aldermen Mann, Orr, Stewart, Thomson. FIREMEN'S PARK - MAINTENANCE OF POND Report ~40 - City Manager - Referring to the request of the Stamford Volunteer Fireman for financial assistance to remove the accumulation of junk and debris from the pond at Firemen's Park. The City contributed an amount of $2,500.00 in 1974 and recommended that the 1975 Council approve a similar amount to help offset the estimated cost of $5,000.00. The report suggests the Stamford Volunteer Firemen's Association be paid an amount of $2,500.00, being the balance of the City's contribution and provision be made in the 1975 Current Budget for the expenditure. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report be received and adopted. ROBINSON STREET BRIDGE Report #41 - City Manager - proposed Robinson Street Bridge. Advising that all preliminary work has been performed by the consulting firm of W.P.London and Associates and the final design has been started; advising that under the terms of the agreement, the necessary soils investigation work is to be generally supervised by the consultants with the actual cost being paid by the Munici- pality; recommending that the proposal of Dominion Soils Investigations Ltd. for the necessary sub-surface investigations be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and adopted. ' ~' COMMUNICATIONS No.7 - J. Jackson, 6543 Doreen Drive - Requesting an amendment to existing policies with respect to cost-sharing arrangements for the removal of fire hydrants. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows that the connunication be received and tabled for consideration at the next regular meeting of Council and staff be authorized to prepare and submit a report regarding the City's policy with respect to fire hydrant relocation. No. 8 - Ontario Anti-Poverty Organization/Coalition - Requesting the City to contribute an amount of $358.00 to cover expenses for four low-income delegates to attend the annual meeting of the organization to be held in the City of St.Cstharines, February 14th to 16th,1975. ORDERED on the motion of Alderman Hsrrigan, seconded by Alderman Crows that the communication be received and filed and no moneys be paid to the Ontario Anti-Poverty Organization/Coalition for convention purposes. No. 9 - Downtown Business Association - An invitation tO attend a dinner on February 18th~ the anniversary of the Queen Street Restoration Program. ORDERED on the motion of Alderman Thomson, 'seconded by Alderman Fera that the cvn~.unication be received, the invitation acknowledged and as many members of Council as possible attend the dinner.' .< -4- - 5 - Cor~nunications (Cont'd) No. 10 - City of Niagara Falls Board of Museums - Connnents re Proposal to erect a permanent market building at Sylvia Place and affect on development of the Lundy's Lane Historical Museum. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe that the communication be received and acknowledged and representatives of the Board be invited to participate in discussions with~theMarket Gardeners and Fruit Growers Association regarding suggested :i~provements to the Sylvia Place Market. No. 11 - Chamber of Commerce - An invitation for representatives of Council to attend monthly Board meetings. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the communication be received and the Chamber of Commerce advised that the February meeting of the Board will be artended by Alderman Wallace; the March meeting by Alderman Crowe; the April meeting by Alderman Thomson; the May meeting by Alderman Smeaton and the June meeting by Alderman Fera. No. 12 - Ministry of Transportation and Co~nunications - Re: Province-wide Seat Belt Public Information and Education Program and suggesting the Municipality participate in the program. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the communication be received, the program endorsed, the installation of road-type signs reminding people to buckle their seat belts be approved and referred to Regional authorities for implementation,on Regional road- ways. REPORTS No. 42 - City Manager - Re: Agreement with Local 528, Niagara Falls Pro- fessional Fire Fighters covering a one year agreement for the period January 1, 1975 to December 31, 1975. The report provides information regarding the settlement in respect to wages,,reduced percentage differen- tials below First Class Fire Fighter, extension of the probationary period and vacations. .Note: Aidenan Thomson and Alderman Mann declared a conflict of interest and did not participate in the discussion or vote on the matter. Following considerable discussion during whf. chmambers of Council expressed their views, it was moved by Aldenan Harrigan, seconded by Alderman Smeaton that the report of the City Manager be received and adopted and the agreement with Local 528, Niagara Falls Professional Fire Fighters as proposed by the Negotiating Committees be approved and ratified by Council. The motion Carried with the following vote: AYE: Aidenun Crowe, Narrigan, Michael, Orr, Smeaton, Schisler. '.c. u ~'- NAYE: Aldermen Fare, Puttick and Stewart. Note Alderman Thomson and Alderman Mann abstained. No. 43 - City Manager - Re: City Water Rates. Advising that the operation of the water system has been reviewed and it would appear that the present rate structure can be maintained until the end of 1976. The rates will again be reviewed early in 1976. ORDERED on the motion of Alderman Michael, seconded by Alderman Crows that the report be received and filed. No. 44 - City Manager - Re: Proposal for Improvements to Water Office and Billing Procedures. Recommending that flat rate water consumers be billed on a four month cycle as opposed to the present three month cycle, effective June 1, 1975. ORDERED on the motion of Alderman Thomson, seconded by Alderman Marrigan that the report be received and adopted and staff be cc~.nended for suggesting the new procedure which will reduce the work load of the department and provide additional working capital. No. 45 - City Clerk - Report'of the Council Committee. Reconmmending that the · suggested actions suggested by the Council Committee be ratified by adoption of the report. Report No. 45 (Cont'd) 1.Niagara Peninsula Home Builders - Ascot Woods Subdivision Extension The Council Conrnittee recommends that Council grant preliminary approval to the proposal submitted by the developer to provide an additional 34 two- family lots in the Ascot Woods Subdivision. The approval would be of a preliminary nature only and subject to the right of the Municipality to impose further conditions; the recon~nendation is also made on the under- standing that the proposal as presented will be re-evaluated following completion of the Invironmental Impact Study of the Shriner's Creek Area. Approval is also subject to the proposed enlargement of the existing retention pond in the subdivision toiacconmtodate the increased water flow created by the additional 34 lots. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Puttick that the reconmendation of the Council Committee be adopted. The motion Carried with Alderman Puttick voting contrary, Aldenan Crowe declaring a conflict of interest and abstaining and all others in favour. 2.New City Logo - Representatives of the firm of Advertising Works presented a proposed City logo indicating three graphic arrows with an upward motion. The fin recommended that the City crest be retained and used for legal ~ notices and documents, souvenirs and similar itema. Recommendation: That the proposal for the new City logo as presented by the fin of Advertising Works be formally adopted as the official logo for the -City of Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that Council adopt the recommendation of the Council Committee. The motion Carried with Alderman Puttick voting contrary and all others in favour. 3.Availability of Single-Family Equivalent Units for Future Subdivision Develop- ment. A report submitted to the Council Committee by the City Manager out- lined the restrictions .imposed on further residential expansion by the Ministry of the Environment and the commitments made to date. The report advises that commitments to date have reduced the quota to 899 lots and it is essential that the Regional Municipality be asked to place a high priority on the expansion of the Pollution Control Plant as quickly as possible. Recorenendation: That the recoum~endations of the City Manager be adopted and a copy of the report be forwarded to the Ministry of the Environmental and the Region for information purposes. ORDERED on the motion of Aldenan MAnn, seconded by Alderman Thomson that the recommendation of the Council Committee be adopted. See Resolution No.9 4.Extension of Urban Service Area No.2 The Council Cuuuuittee recorenends that the by-law to authorize an application to the Ontario Municipal Board to expand Urban Service Area No.2 to penit the installation of sanitary sewers on the south side of Lyons Creek Road westerly from Sodnm Road, be given the necessary readings and the applica- tion be forwarded to the Ontario Municipal Board. ORDERED on the motion of Aldenan Mann, seconded by Alderman Thomson that the reco.~udation of the Council Committee be adopted. See By-Law No.75-18 5.Data Processing Equipment - A report submitted to the Council Committee by the City Manager recommended the approval of the purchase of N.C.R. Data Processing equipment at a net cost of approximately $43,511.007 the expen- diture being spread over a two-year period by providing funds in both the 1975 and 1976 Current Budgets. Adoption of the r~port is recommended by the Council Comnittee. ORDERED on the motion of Aldenan Thomson~ seconded by Aldenan Smeaton that Council adopt the reccmmendation. The motion Carried with the following vote: AYE: Aldermen Crowe,Harrigan, , Puttick,Smeaton,Schisler,Stewart,Thomson NAYE:Aldermen Mann,Michael,Fare and Orr. The Council Committee also recommends that City Staff be directed to obtain information from at least two consulting firms regarding the cost of under- taking efficiency studies on ell clerical operations in City departments end a preliminary report regarding the estimated cost be submitted as soon as possible. ORDERED on the motion of Alderman Smseton, seconded by Alderman Marrigan that .the rec~mnendation of the Council Con~,lttee be adopted. The motion Carried with.Alderman Puttick voting contrary end all others in fadour. -6- Report No.45 (Cont'd) 6.Municipal Float Recommendation: Adoption of a report submitted by the City Manager reco~nending approval of the 1975 schedule for the City float and the allocation of $7,700.00 in the 1975 Operating Budget for this purpose. It is also recommended that the City not participate in the 1976 Tourna- ment of Roses in pasadena, California. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that Council adopt the reconmendations of the Council Counnittee. No. 46 - City Manager - Re: Ailanthus Avenue Casual Neighbourhood Play Area. Referring the City's request for temporary Regional permission to use Niagara Freeway lands adjacent to Allanthus Avenue for recreation purposes; recommending 1) that the agreement prepared by the City Solicitor be sub- mitted to the Region for approval and execution; 2) His Worship Mayor George Bukator and the City Clerk be authorized to execute the agreement and 3) appropriate funds be provided in the 1975 Operating Budget for the Parks Division for this project. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and-adopted. No. 47 - City Manager - Re: Regional Waste Management Study. A summary report reconnnending that Council request the Regional Study Connnittee to refer the final draft of the Study to the Technical Sub-Connnittee for review. ORDERED on the motion of Alderman Thomson, seconded by-Alderman Fern that the report be received and adopted. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crows that Alderman Thomson be re-appointed as the City's representative on the Regional Waste Management Study Co~mittee. No. 48 - City Manager - Re: 1974 Update Regional Roads Needs Study - Classification of Roads. The report advises that the Region has considered roadways which should be deleted from the Regional system as well as certain new roadways to be added to the system. ~ Roads suggested as additions are Montrose Road from Thorold Stone Road to Kalar Road and .Kalar Road from Montrose Rosd to Mountain Road; Bigger Reed from Moyer Road to the Queen Elizabeth Wsy and Schill Road from Netherby Road southerly to the south limit of the Niagsre Falls boundary. The roods suggested by the Region for deletion from the roads system are South Brookfield Road from Netherby Road to the south limit of the City of Niagara Falls and Carl Road from Moyer Road to McCredie Road and McCredie Road from Carl Road to the Q.E.W. The report recounends that the suggested chsnges be approved by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr that the report be received and adopted. No. 49 - City Manager - Re: O~tario Home Renewal Program (O.H.R.P.) - Report of the Loan Review Cc, n~ittee. Advising that 76 applications for O.H.R.P. assistance have been received and are in various stages of processing. No. 50 - City Manager - Advising that five applications for O.H.R.p. loans have been reviewed by the C~mnittee. Tee report provides information regarding the location of the properties, the repairs required, the estimated cost and recommends approval of loans for properties identified by an Account. Number in accordance with Provincial directions. ORDERED on the motion of Alderman Mann, seconded by Alderman ThomsOn that the.reporm be received and adopted. No. 51 - Recreation Commission - Re: Illumination of the soccer/football field at Oakes Park; recommending that funds be a priority in the ParkstDepartment budget for 1975. In reply to comments by Alderman Fern amt Alderman Smeaton, the City Manager indicated that aproposel to establish a track in the City is being considered by the Recreation Commission in conjunction with the Board of Education inasmuch as students would be actively using such facilities. The lights for the soccer field at Oakes Park, he said, had been approved by the City Council in 1974 and it is doubtful, in view of the substantial cost, that it would be possible to provide a track durin8 the current year. Aldermn Fern requested a report on the possibility of providing a track at Oskes Perk. ' ORDBRED on the motion of Alderman Mann, seconded by Alderman 8maaton that the rpport be received and referred to the 1975 Budget meetin8. gee By-I~w No.75-17 - 7- Reports (Cont'd) No. 52 - City Manager - Re: Site Plan Approval, Proposed Apartment Building, East Side of Montrose Road between Graham and Edith Streets, AM-16/74. Recommending approval of the site plan as submitted. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Smeaton that the report be received and adopted. No. 53 - City Manager - Re: 1975 Tenders. Requesting authorization to call tenders for certain services, materials and clothing. ORDERED on the motion of Aldermen Smeaton, seconded by Alderman Fera that the report be received and authorization be granted to call tenders for the 1975 requirementS. No. 54 - City Manager - Re: Contract G.C.40~74, Sewermain and Watermain Installation on Morrison Street for a proposed Animal Hospital. Advising that the property owner has requested that no award be made for the contract. Recommending that no award be made for contract G.C.40-74 and that the tender deposit cheques, each in the amount of $2,000 be released to the low and second low tenderors. ORDERED on the motion of Aldermen Schis let, seconded by Alderman Stewart that the report be received and adopted. ' No. 55 - City Clerk - Advisory Report. The report recommends approval of the erection of street banners in conjunction with the annual Easter Seal Campaign; reconmending also that the Municipality not become involved in a proposed by- law of the Ontario Humane Society to regulate the keeping of cats. The report also includes s letter of conm~ndation from the Canada Safety Council for the City's safe driving record in 1974. ORDERED on the motion of Alderman Mann, seconded by Aldermen Stewart that the report of the City Clerk be received and ddopted. No. 56- City Clerk - Recouauending approval of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows that the report be received and adopted and licences granted. No. 57 - City Manager - Recommending payment of Municipal Accounts. Note: Aldermen Puttick declared a .conflict of interest with reference to Cheque Nos. 22357 and 22408. ORDERED on the motion of Aldermen Mann, seconded by Alderman Fera that the report be received and adopted. The motion Carrie~ with Alderman Puttick abstaining.and all others in favour. .., RESOLUTION No. 8 - See Page 1 No. 9 - THOMSON - CROWE - RESOLVED that WHEREAS the Ontario Housing Minister, Honourable Donald R. Irvine, has repeatedly emphasized the need to boost, the number of housing starts in the Province of Ontario; ANDWHEREAS the City of Niagara Falls Housing Policy has been approved by the Ministry of Housing and the Regional Municipality of Niagara; AND WHEREAS severe restrictions are imposed on the subdivision development in the City by the Ministry of the Environment due to the capacity of the Pollution Control Plant in the City of Niagara Falls being fully committed; AND WHEREAS the 1974 City Council petttioned the 1974 Regional Council to strongly reco~akend to the 1975 Regional Council "to place s high priority on the expansion of the Niagara Falls Pollution Control Plant end that construction for the plant expansion be started as quickly as possible in 1975"; THEREFORE BE IT RESOLVED that 1) The City of Niagara Falls petition the 1975-76 Council of the Regional Municipality of Niagara to place s high priority on the expansion of the Niagara Falls Pollution Control Plant such that at least the contract award on the plantts expansion canbe made in 1975; -8- Resolution No. 9 (Coni'd) 2)'This resolution be also forwarded to the Minister of Housing of Ontario, the Minister of the Environment Ontario and the Honourable John T.Clement, M.F.P.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the following By-laws be now read a third and final time: No. 74-210 - A By-law to adopt a redevelopmeet plan for a part of the redevelopmeet ares designated by By-law No.7908, 1969, as amended (Police Building) The By-law was given a first and second reading on October 28, 1974o No.74-22~ - A By-law to authorize the construction of watermains as improve- ments to the water supply system in the Urban Service Areas of the City. (The By-law was read a first and second time on October 28, 1974) No. 74-226 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. (The By-law was given a first and second reading on October 28, 1974) Carried Unanimously ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that(. the following By-laws be introduced and given a first reading: No. 75-15 - A By-law to authorize an agreement with Local 528, Niagara Falls Professional Fire Fighters of the International Association of Fire Fighters. Note: Alderman Thomson and Alderman Mann declared a conflict of interest and abstained from voting. The motion to approve first reading of By-law 75-15 CARRIED with the following~:' vote.with Aldermen Thomson and Mann abstaining. AYE: Aldermen Crowe,Harrigan,Michael,Orr,Smeaton,Schisler, ] NAYE:Aldermen Putt:ok, Fern and Stewart. No. 75-16 - A By-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton) Carried Unanimously No. 75-17 - A By-law to authorize an agreement with White, Mossop.& Erling Ltd. for engineering services in connection with the Oakes Park Soccer Field Illumination. Carried Unanimously .No. 75-18 - A By-law to authorize an application to the Ontario Municipal Board for an order altering Urban Service. Area No.'2 by extending the boundaries thereof. (Lyons Creek Ro~d) Carried Unanimously ~o. 75-19 - A By-law to provide monies for general Purposes. Note: Alderman Puttick declared a conflict of interest with respect to Cheque Nos. 22357 and 22408 and abstained from voting. The motion to approve first reading of By-law No.75-19 Carried with Alderman Puttick abstaining and all others in fayour. ORDERED on the motion of Alderman Smeatoa, seconded by Alderman Schisler that the followins By-laws be now read a second and third time: - 9- By-laws (Coni'd) No. 75-15 - A By-law to authorize an agreement with Local 528, Niagara Falls professional Fire Fighters of the International Association of Fire Fighters. The motion to approve second and third readings of By-law 75-15 Carried with the following vote, Alderman Mann and Alderman Thomson abstaining: AYE: Aldermen Crowe, Harrigan, Michael, Orr, Smeaton, Schisler. NAYS..: Aldermen Putt:ok, Fern and Stewart. No. 75-16 - A By-law to authorize an agreement with Canadian Corps of Commissions:rag (Hamilton) Carried Unanimouslx 75-17 - A By-law to authorize an agreement with White, Mossop & Erling Ltd. for engineering services in connection with the Oakes Park Soccer Field illumination. Carried Unanimousl~ No. 75-18 - A By-law to authorize an application to the Ontario Municipal Board for an Order altering Urban Service Area No. 2 by extending th~ ~ boundaries thereof. (Lyons Creek Road. Carried UnanimouslZ No. 75-19 - A By-law to provide monies for general purposes. Carried, Alderman Putt:ok abstaining NEW BUSINESS GUARANTEED INCOME SUPPLEMENT, It was moved by Alderman Putt:ok, seconded by Alderman Thomson that staff prepare and submit a report regarding the possibility of granting a tax rebate to pensioners who do not receive the Guaranteed Income Supplement. The motion Carried unanimously. SIDEWALK SNOW REMOVAL It was moved by Alderman Putt:ok, seconded by Alderman Mann that members of Council be provided with a copy of a report submitted to the Council Committee on February 11, 1974, regarding snow plowing of City sidewalks and consideration be given to eliminating sidewalk snow removal during the 1975 Budget discussions. The motion Carried unanimously .... 1975 BASEBALL CHAMPIONSHIP TOURNAMENT In reply to questions by Alderman Putt:ok, the City Manager confirmed that the 1975 Championship Baseball games will not be held in the City of Niagara Falls and the grounds at Oakes Park will not be re-graded. ANIMAL HOSPITAL - PORTAGE ROAD AT COLBORNE ST. Alderman Puttick and Alderman Thomson commented on a proposal to establish an animal hospital at the corner of Portage Road and Colborne Street and the concern of adjacent property owners. It is understood the operation will be a veterinary clinic with no animals being kept overnight or outside the building, It was moved by Alderman Thomson, ~econded by Alderman Puttick that the matter be referred to staff for a full report. BUSINESS AND INDUSTRIAL GROWTH COMMITTEE Alderman Fern questioned the accuracy of a recent news article about proposed increased salaries for the Manager of the Industrial Department of the Chamber of Commerce, his assistant and secretary, The Alderman objected to the information being reported in the new newspaper without first being brou~tt to the attention of the City Council. It was moved by Alderman Fern, seconded by Alderman Puttick that the matter be referred to staff for a report to 'the Committee of the Whole regardinS the proposed salary increases and the accuracy of the news article. The motion was Defeated with the following vote: AYE: Aldermen Fats, Puttink and Schtsler. ~:Aldermen Crowe,Harrigan,MAnn,Michael,0rr,Smeaton,Stewart,Thomson. .... 10. - 10- RECREATION COMPLEX -NORTHWEST SECTOR OF CITY Alderman Thomson commented on the success of the South End Recreation Complex and noted that an amount of $300,000 had been a!located in the Capital Budget for similar facilities in the north-west section of the City in the future. Such projects take considerable time and foresight and the Alderman suggested that Council should plan now for land acquisition and development of recreation facilities for the future. He suggested there is very little land suitable for such a project other than property in the Mountain Road-Dorchester Road area adjacent to the existing Firemen*s Park and the sanitary landfill site which is designated in the Official Plan as a "green" area and eventually could be developed as a park. The Stamford Volunteer Firemen are interested in becoming involved in expansion of the recreation facilities in the area but Ontario Hydro officials, who own the surrounding property, have indicated the property is not considered to be surplus. Alderman Thomson suggested the possibility of obtaining first refusal on the property should be investigated. It was moved by Alderman Thomson, seconded by Alderman Orr that the matter be referred to staff and the Recreation Con~iss ion for a report and an analysis of possible sites for a future recreation complex in the north-west section of the City. The motion Carried unanimously. . BUS SHELTER - AIIANTHUS AVENUE Alderman Orr enquired about the progress being made with respect to the construction of a bus shelter in the Ailanthus Avenue area near the senior citizen housing units. The City Clerk stated that up-to-date costs have been requested and the matter will be considered at the Budget meeting. It is understood that such projects are eligible for 75% subsidy. FENCING AT JACK BELL ARENA Alderman Crowe commented on the continuing complaints from parents about the fencing erected specifically for lacross at the north end of the Jack Bell Arena and which now interferes with the spectators' view of the hockey games. The City Engineer explained that Council had approved an earlier report recommeuding that the chain link fence remain until such time as glass can be installed. He also commented on the safety aspects and the possibility of a spectator being hit with a peck or a hockey stick. It was then moved by Alderman Crowe, seconded by Aldernmn Thomson that the chsin link fence at the north end of the Jack Bell Arena be removed pending a decision concerning glass replacement. T~e motion was Defeated with the following vote: . AYE: Aldermen Crowe, Fete, Stewart and Thomson. .NAYE: Aldermen Mann, Harrigan, Michael, Orr, Putt~ck, Smeaton, Schisler. COUNCIL CO]~dITTEE ~EETINGS AND ADOPTED, Alderman Michael questioned the necessity for Council to meet every other week in the committee rooms. It was the Alderman~s opinion that all meetings of Council should be held in the Council Chambers. The City Manager explained that the Council Committee meetings are intended to be less formal, the agends is limited to certain subjects and members of Council and staff participate in '*round-the~table,, discussions. The system provides more opportunity for Council members to become acquainted with the subjects being discussed before ratifying decisionsin.open Council meetings. It was moved by Alderman Michael, seconded by Alderman Puttick that l~lh future both regular meetings of Council and Council Committee sessions be held 'in the Council Chambers.. The motion Carried unanimously. ADJ0~Rre~NT The meeting adjourned on the motion of Alderman Smeaton, seconded by Alderman Thomson. Pres.iding Officer FIFTH MEETiNG Council Chambers, February 17, 1975. REGULAR MEETING Council met on Monday, February 17, 1975, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Buhator presided as Chairman. Alderman Harrigan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the minutes of a regular meeting of Council held February 3, 1975, be adopted as printed. PRESENTATION On behalf of the Falls View Hose Brigade, Alderman Mann presented a cheque to His Worship Mayor Bukator in the amount of $1,200. representing one half of the total amount pledged by the Brigade toward the development of Prince Charles Perk. Mayor Bukator expressed the appreciation of the members of Council-'and the Municipality. DEPUTAT IONS ONTARIO ANTI POVERTY ORGANIZATION/COALITION Mr. All Olling was granted permiss ion to address Council on the motion of Alderman Mann, seconded by Alderman Michael. Mr. Oiling reported on' the Anti-Poverty Coalition Conference held in the City of St.Catharines on February 14th, 15th and 16th during deich four resolutions were approved - (a) to pressure the government for a guaranteed adequate annual income; (b) full employment; (c) adequate housing and (d) request- ing the formation of a government committee to hold back prices. Mr. Olling noted that the City of Niagara Falls had not appointed a representative to attend the conference, although other municipalities had done so and had financially' assisted the organization'a delegates. Four delegates representing low income families in Niagara Falls had artended and expenses totalled $315.60. Mr.Olling asked that Council reconsider an earlier decision to make no contribution toward the delegates' expenses. It was then moved by Alderman Wallace, seconded by Alderman Mann that Council reaffirm the earlier decision and make no financial contribution to the Anti-Poverty Organization/Coalition for conference purposes. The motion Carried unanimously. PARKING ON STANLEY AVENUE Comm. No.13 - Mrs.D.Cipparone - Requesting Council's endorsation of a petition regarding parking on Stanley Avenue during the winter months. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton the t Mar. John Graaskamp be granted permission to address Council. Mr. Graaskamp, as spokesman for the petitioners, expressed concern regarding the elimination of parking on both sides of Stanley Avenue. He also noted that during the off-season traffic is light, the roadway becomes a four- lane highway and motorists tend to exceed the speed limit. The petition has been forwarded to the Regional Public Works Committee for cons ideration and Mr. Grasskemp requested that Council endorse the petition for some on-street parking on Stanley Avenue between Spring and Roberrs ~treet. Alderman Thomson noted that Council had previously approved parking on both sides of Stanley Avenue in certain eections but the Region had not agreed to the suggestion. Alderman Smeston confirmed that speeding on this section of Stanley Avenue was of particular concern to parents of school children and to the Oerber Plant employees. Alderman Puttick suggested that s similar s itnation exists on Lundy's Lane between Main 8treet and Dorchester Road and businesses are seriously affected by no parkingre2uletions in the area. It was moved by Alderman Wallace, seconded by Alderman Harrigan that the c~zunicstion be received and tabled for one week and City Staff directed to provide members of Council with all pertinent information regardinS the matter including reports previously submitted. The motion Carried unanimously. - 2- UNFINISHED BUSINESS SCREENING AT JACK BELL ARENA Report No. 58 - City Manager - Re: Screening at Jack Bell Arena. Advising that in accordance with Council's instructions, the wire fencing on the boards along the north side of the Arena has been removed; advising that it will be necessary to Te-erect some form of screening prior to the lacrosse seas on; recommend ing that the City Manager be authorized to proceed with the obtaining of quotations for the supply of plastic screening and mounting hardware. Comm. No. 14 - Niagara Falls Minor Hockey Association - Requesting that Council consider the erection of plexiglass to replace the wire fencing at the Jack Bell Arena and commenting on the need to protect spectators, players and referees. ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson that the report of the City Manager be received and adopted andLthe communication be received and filed. COMMUNICATIONS No. 15 - Chippaws Public Utility Commission - Requesting approval of increased annual remunerations providing $900. per annum for the Chairman and $720.00 per annum for two members. His Worship Mayor Bukator stated that the Minister of Energy had recently indicated that hydro commissions could approach him regarding the possibility of amalgamation. The Mayor suggested that the request for increased remuneration should be tabled until the matter is discussed with the Minister and an attempt made to convince the Niagara Falls Hydro Commission that there should be only one Commission serving the City of Niagara Falls. Me also expressed the opinion that two members of the Chippaws Public Utility Commission should be appointed to the Niagara Falls Mydro Con~niss ion. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Themson that the communication be received and tabled pending investigations of the possibility of amalgamation. The motion Carried with the following vote: AYE: AIdermen Crowe, Fete, ~arrigan, Mann, Michael, Orr, Puttick, Smeaton, Schisler and Thomson. .NAYE: Aldermen Wallace and Stewart. No. 16 - Regional Municipality of Niagara - Re: By-law to provide for the assumption of watermains on Portage Road and St. Paul Avenue in the City of Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the conununication be received and filed and Regional authorities be notified that the City of Niagara Falls has no objections to the proposed by-law pro- viding the City obtains clarification of the wording in the by-law which indicates the "Corporation of the City of Niagara Falls has requested the Regional Municipality to assume the two watermains described herein, as part of the Regional Waterworks System". The motion Carried with Alderman Smeaton voting contrary and all othersin fayour. No. 17 - Kiwanis Club of Stamford Inc.- Re: Proclamation - National Learning Disabilities Week - February 24 to March 2, 1975; requesting approval of the proclamation and indicating the organization is prepared to underwrite any advertising expenses involved. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the connnunication be received and the proclamation of National Learning Disabilities Week approved subject to the naual condition that advertising aosts be assumed by the organization requesting the proclamation. ~RE, PORTS No. 59 - City Clerk - Report of the Council Committee. l. Protective Screening et Jack Bell Arena - RecouanendinS that staff be authorized to i~medistely remove the protective screenins on the north side of the Jack Bell Arena on the understanding that parents organize and monitor the activities of the spectators to keep them away from the boards. 2.Ex ansion of BJ'S Limited and Parking Requirements - The Council Ccfmnittee con- steered a report of the City Manager regarding t~e s City s policy and by-laws relating to the provision of parking spaces and alternative suggestions to relieve built-up commercial areas from parking requirements. Recommendation: That the report of the City Manager be referred to the Planning and Development Committee, the Municipal Parking Committee, the Downtown Business Association and the l~in and Ferry Business Association for consideration. - 3- Report No. 59 (Contd.) 3.Revisions to Water By-law - It is recommended by the Council Conunittee that the new revised by-law appearing on the agenda be approved and given three readings by Council. (See By-law No. 75-20) 4.Relocation of Fire Hydrants - Recommendation: That Council adopt the report of the City Manager and approve a revised policy as follows: a)Where a fire hydrant, in the opinion of the City Engineer, is or will be too close to a driveway for the safety of the hydrant as well as the vehicle, it will be relocated by the City when petitioned by the affected property owner. The actual cost of relocating the fire hydrsnt in question is to be 'shared fifty-fifty between the affect property owner and the Corporation of the City of Niagara Falls. The relocation will be undertsken by the City of Niagara Falls. The property owner must deposit with the City an amount of 50% of the estimated relocation cost prior to the relocation work being undertaken by the City. An adjustment to the payment will be made upon completion of the work. In the case where the fire hydrant relocation is petitioned by the two adjoining property owners because of combined driveways or otherwise, the actual relocation cost shall be shared equally among the two affected property owners and the City, each paying one-third of the cost. b)Where a fire hydrant, in the opinion of the Engineer, is not creating undue interference with the operation of the driveway, it will b'e' relocated only on condition that the property owner is prepared to assume 100% of the-actual cost of relocating the fire hydrant in question. The relocation work is to be undertaken by the City of Niagara Falls. The property owner must deposit with the City an amount of 100% of the estimated relocation cost prior to the relocation work being carried out by the City. An adjustment to the payment will be made upon completion of the work. c)Where the relocation of a fire hydrant is necessitated by the provision of a second driveway to the building, the relocation will be 100% responsibility of the property owner. The relocation will be undertaken by the City. The property owner must deposit with the City an amount equal to 100% of the estimated cost prior to the Work being undertaken by the City. An adjustment to the payment will be made upon completion of the work. d)Where a fire hydrant, in the opinion of the City Engineer and the Fire Chief, has to be relocated to provide efficient operation for fire fighting purposes, it will be relocated by the City at its own expense. 5.Acquisition of Hagarty Property - Sodom Road - The Council Conunittee reviewed earlier discussions regarding the possible acquisition of the property located 4mmediately adjacent to the South End Recreation Complex. Recuu~endation: That City Staff be authorized to proceed immediately with the purchase of the property at the appraised amount of $22,000. 6.Niagara Square Regional Shopping Centre - The Council Committee received a letter from Mardress Investments Ltd. regarding agreements for leasing with G.W. Robinson Co. Ltd., the F.W.Woolworth Co. Ltd. and Dominion Stores Ltd. Information was also provided relative to other commitments and rental arrangements. The City Manager noted that Council had previously stipulated that the subdivider's 'agreement be prepared prior to February 28th and requested Council's approval :' of an extension to March 3, 1975. RecoEmendation: That the date for submission of the subdivider's agreement for the Niagara Square Regional Shopping Centre be extended to March 3, 1975. 'ORDERED on the motion Of Alderman Mann, seconded by Aldermen Fera that the decisions of the Council Committee be ratified by adoption of the report of the City Clerk. Report No.60 - City Manager - Re: Regional WasmStudy. Referring to an earlier report to Council which recommended that the Regional Study Committee refer the final draft report on Regional Waste Management Study to the Technical Sub- Cowmittee for review; advising that the Waste Study Committee was briefed on the final draft plan which contains both the original and an entirely new concept for a Regional Waste Management operation; advising that the report will be submitted to both the Regional Public Works Conni~tee and the Technical Sub-Committee for review. ' ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson that the report be received and filed. -4- Reports (Cont'd) No. 61 - City Manager - Re: Regional Recommendations for Changes on Ferry St. in the vicinity of Buchanan Avenue. The report advises that the Municipal Parking Committee fayours no changes in the area except the elimination of traffic islands and medians at the intersection of Ferry St. and Stanley Ave. and with Buchanan Avenue and that the left turn prohibitions from Ferry St. to Buchanan Ave. northbound and from Buchanan Ave. to Ferry St. easthound be prohibited by signing instead of the existing barrier median. The report notes that Council~s previous action on this matter indicated that no change be made to the existing conditions at Buchanan Avenue and Ferry Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern that the report of the City Manager be received and tabled for two weeks to provide an opportunity for the businessmen in the area to make arrangements to have their solicitor in attendance when the matter is discussed by Council. No. 62 - City Manager - Re: Proposed Solar Subdivision. Recoupending that in order to obtain the consent of the Minister of Housing to close Wilinger St. Council, by resolution, request the Minister to consent to an order being made amending the plan of subdivision by permanently closing Wilinger Street as shown on Plan No.120. ORDERED on the motion of AldermanMann, seconded by Alderman Thomson that the report be received and adopted. See Resolution No.lO No. 63 - City Manager - Re: Frontenac Woods Subdivision. Referring to a pro- vision in the subdivider~s agreement whereby the subdivider was to convey to the City, without cost, Lot 22 which is 66f in width, for the purpose of providing for the possible future extension of Frontsnat Street; advis ins that draft plan approval has now been received for the land west of the SubdiviSion and the development does not require the use of Lot 22; the subdivider is required to provide a 10-foot walkway from the rear of Lot 22 to McLeod Road to provide pedestrian access to McLeod Road. The report recommends that inasmuch as Lot 22 will not be required for future road purposes the lot, less the southerly 10 feet, now be re-conveyed without cost to the developer and the deed contain a convenant releasing the City from any further obligation; recommending further that the developer provide the City with legal descriptions acceptable for registration purposes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crows that the report be received and adopted. No. 64 - City M~nager - Re: Proposed Plan of Subdivision, 'r~estway Estates", 26T-25013. Recommending preliminary approval subject ~ ten conditions enumerated in the report and that Council certify, by resolution, that the application conforms to Official Plan-~Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted. See Resolution No.ll No. 65 - City Manager - Re: Site Plan Approval, Proposed 27 Townhouses, Block D, NS 15, Heritage Homestead Subdivision, Non-Amendment No. 24, Church's Iane~ Rec~-~nding approval of the site plan as submitted. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. No. 66 - Planning and Development Committee - Re: AM-33/74 GroUp Development Ltd.,~ Pt.Twp.Lot 176, south side McLeod Road, west of Stanley Avenue, A rezoning !l application to permit the erection of a 37-unit motel. The r~port recommends approval of the application ands further, that Council,by resolution, certify ., that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Thomson, seconded by Alderman HarriSan that the report be received and sdopted. The motion Carried with the following vote: AYE: Aldermen Fern, HarriSart, Smeaton, Schisler, Stewart, Thomson,-Wallace. · ,N~YE Aldermen Mann, Michael, err, Puttick and Crows. See Resolution No.12 - 5 - Reports (Cont'd) No. 67 - planning and Development Committee - Submitting the first of monthly reports dealing with residential development which provides background data for the previous year for a comparison of progress in 1975. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera that the report be received and filed. No. 68 - Loan Review Committee - O.H.R.P. - Reconnnending approval of five appli- cations for ass istance under The Ontario Home Renewal Program. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows that the report be received and adopted. No. 69 - City Manager - Re: Snow Clearing on Sidewalks. The report reviews the procedure presently followed for the winter maintenance of City sidewalks and requests Council's direction on a future policy. During the discussion, members of Council expressed their views as to the necessity for the service; the advisability of discontinuing an established -service; the problems created if the service was only available to senior citizens and persons in poor health; the number of complaints; the costs involved; the necessity to consider ways and means of cutting costs; the money already invested in snow removal equipment; safety aspects and the liability of the municipality. ~ It was moved by Alderman Puttick, seconded by Alderman Harrigan that snow clearing on sidewalks be discontinued in the City of Niagara Falls and the service made available only to senior citizens and the infirmed and, further, that employees hired for snow plowing on City sidewalks be not replaced. The motion was Defeated with the following vote: AYE: Aldermen Puttick and Marrigan. NAYE:Aldermen Crows, Fern, Mann, Michael, Orr, Smeaton, Schisler, Stewart, Thomson, Wallace. It was then moved by Alderman Mann, seconded by Alderman Orr that the report of the City Manager be received and filed and the present policy of clearing snow on sidewalks in the City of Niagara Falls be continued. The motion Carried with the following vote: AYE: Aldermen Crowe,Fera,Mann,Michael,Orr,Smeaton,Schisler,Stewart,Th°ms°n,Wallace' NA"~:Aldermen Puttick and Marrigan. No. 70 - City Manager - Re: Red-Bar Cuetom Woodworking Inc. and Lot 15, Fall~ Industrial Park. Referring to a 1974 agreement between the City, Louis Filo, Red-Bar Custom Woodworking Inc., Francis Balogh and John Pinkernelle whereby the City was granted an option to repurchase Lot 15 in the Falis Industrial Park for $4,472.00; advising that the option to.repurchase expires on February 2gth and recommending that the by-law to authorize the repurchase be approved by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera that the telport be received and adopted. See By-law No.75-21 Not__e: Aldermen Crowe,Marr~gan,Mann,Stewart and Wallace were not present when the vote was taken on this matter. No. 71 - City Manager - Re: Kt~chener Street School. Advising that a thorough investigation and study has been made as to the possible future use of the Kitchener Street School building and site and the Recreation Commission is of the opinion that the building is not required; suggesting that the site be developed to create a playground and park area as well as a substantial parking lot for the Niagara Falls Memorial Arena;requesting .permission to call tenders for demolition of the building. ORDERED on the motion of'Alderman Thomson, seconded by Alderman Schis let that the report be received and adopted. Note:Aldermen Marrigan and Wallace were not present when the vote was taken on this matter. No. 72 - City Manager - Re: Registered Property 72-4,Lot 54,Plan 64,Twp.of Stamford. Advising that the former owners have deposited sufficient funds to cover all tax arresTs,interest,penalties and costs to date,totalling $1,664.98. The report advises that inasmuch as the property has not been sold by the City or declared to be required for municipal purposes, the former assessed owners, subject to the approval of the Minister of Tressury,Economics and Intergovernmental Affairs, are entitled to have the property conveyed to them by the City; rec~ndinS the passing of the appropriate by-law to authorize the conveyance. -6- Report No. 72 (Cont'd) ORDERED on the motion of Alderman b~nn, seconded by Alderman Crows that the report be received and adopted. See By-law No.75-23 NOTE: Aldermen Harrigan and Wallace were not present when the vote was taken on this report. No. 73 - City Manager ~ Re: Rollerskating at Niagara South Recreation Centre. Advising that consideration has been given to a request froms private operator to provide a roller skating program at the Niagara South Recreation Centre and the program has been approved subject to satisfactory financial arrangements being made with the City. The report notes that the agreement would specify the sharing of gate receipts, the hours of operation, the responsibilities of the operator, etc; recommending that the City Manager be authorized to negotiate the necessary agreement with the operator so a rollerskating program can be arranged for the Recreation Centre for the spring and s,unmer of 1975. ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson that the report be received and adopted. Note: Alderman Wallace was absent when the vote was taken on this matter. No. 74 - City Manager - Re: Local Labour Clause in Tender Documents for Munici- pal Services. Recommending the following wording with respect to local labour ahd suppliers be approved: '~7here it is necessary for the Tendeter to augment his force of labour, the Tendeter shall prefer in employment residents of the Regional Municipality of Niagara, and not less than 60% of his employees other than key personnel, shall be residents of the Region. Key personnel shall be considered supervisory staff and/or major equipment operators.', 'q4here price, quality and services are equal, supplies and services shall be purchased locally and all bidders on Municipal works shall give the local business establishments an opportunity to quote on their requirements." ORDERED on the motion of Alderman Thomson, seconded by Aiderman Michael that the r~port be received and adopted. No. 75 - City Manager - Re: Retention of Soils Consultant for the Geotechnical Investigation for the McLeod Road TrunkStom Sewer and the Drainage Channel along the Penn Central Railway. The report rece. D!~nds (1) the firm of Dominion Soils Investigation Limited be retained to undertake the requisite geotechnical investigation for the McLeod Road and H.E.P.C. Road trunk storm sewer and the drainage channel along the Penn Central Railway at a cost not to exceed $3,520. and (2) the cost of the investigation program to be charged against the Expansion and Renewal Fund. ORDERED on the motion of Alderman $chisler, seconded by Alderman Michael that the report be received and adopted. No. 76 - City Manager - Re: Conference and Convention Expenses. Suggesting that in view of the increased cost of travel, acco~auodstion and incidental conference and convention expenses, the present policy does not meet the needs of delegates and officials; submitting a proposed revised policy for Conacilss consideration. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smaaton that the report of the City Manager be received and filed and the following policy for attendance at conventions and conferences be established: .. For Elected Officials - For out-of-town conventions a per diem rate of $45.00 shall be allowed for each day of the convention as well as the full cost of accomnodation and registration. In addition, an elected official shall be paid a travel allowance of .15¢ .per mile or air fare where the distance to be travelled warrants same. For Appointed Officials - For out-of-tc~n conventions a per diem rate of $30.00 shall be paid for each day of the convention as well as the full cost of acccnanodation and registration. In addition, an appointed official shall be paid .15¢ per mile travel allowance or air fare where the distance to be travelled warrants sam. The motion Carried with the following vote: AYE: Alderm~'n Crows, Fats, Puttick, Schisler, Smeaton, Stewart, Thomson, Wallace. .N~.YE:Aldermen'Nann, Michael, Orr, HarriSan. - 7o Reports (Cont'd) No. 77 - City Manager - Re: Seminar - Institute of Public Administration of Canada. Requesting authority for the City Manager to attend the Seminar in Ottawa and an executive meeting of the Canadian Association of Municipal Administrators- As President of the C.A.M.A., the City Manager's travelling expenses will be paid by the Association and therefore the City's cost for the Seminar will be a registration fee of $150.00 and two days in the City of Ottawa.it was moved by Alderman Puttick, seconded by Alderman Michael that the report be received and filed and the request for permission to attend the Seminar be denied. The motion was Defeated with the following vote: AYE: Aldermen Puttick, Michael and Stewart. NAYE:Aldermen Crowe,Fera,Harrigan,Mann,Orr,Schisler,Smeaton,Thoms°n,Wallace' " It was then moved by Alderman Harrigan, seconded by Alderman Smeaton that the report be received and the City Manager be authorized to participate in the Seminar of the Institute of Public Administration of Canada in Ottawa on March 19th to the 21s~1975. The motion Carried with the following vote: AYE: Aldermen Crowe,Fera,Harrigan,Mann,Orr,Schisler,Smeaton,Thoms°n,Wallace' NAYE:Aldermen puttick, Michael and Stewart. No. 78 - City Manager - Recommending that two members of Council be authorized to attend the Ontario Traffic Conference - Elected Representatives Seminar, Toronto, February 27th,.28th and March lst,1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crowe,Harrigan,Mann,Orr,puttick,Schisler,Smeaton,Th°ms°n,Wallace' NAYE:Aldermen Michael, Fera and Stewart. No. 79 - City Manager - Building Permits issued during the month of January,1975. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows that the report be received and filed. No. 80 - City Clerk - Rec~,~ending appr oval of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe that the report be received and adopted and licerites granted. No. 81 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Michael that the report be received and adopted. RESOLUTIONS No. 10 - MANN - THOMSON - RESOLVED that pursuant to subsection 4 of section 86 of The Registry Act R.S.O. 1970, Chapter 409, as amended, the Minister 'of Hous ing be requested to consent to an order being nmde ameDjing the plan of subdivision registered in the Registry Office for the Registry Division of the County of Welland, now Niagara South, on the 23rd day of April, 1951 as Plan No. 120 of the formar Township of Stamford, by pernmnently closing Wilinger Street as shown on the said plan; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslx No. 11 - SCHISLER - MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of River Realty Development Ltd.. for the development of 'Nestway Estates Subdivision" on property known as Part Township Lot 80 and located on the south side of Thorold Stone Road, west side of Montrose Road, conforms to Official Plan Amendment No. 28 of the Niagara Fails Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. · Carried Unanimously No. 12 - THOMSON - MARRIGAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Group Development Limited for the rezoning of property known as Pt.Twp. Lot 176 and located on the south side of McLeod Road, west of Stanley Avenue, conforms to Official Plan Amendment No, 28 of the Niagara Falls Planning Area as amended and approved b y .the Minister of Housing; AND the Seal of the Corporation be hereto affixed. The motion to approve the resolution Carried with the following vote: AYe: Aldermen Fera,Harrigan,Smeaton,ScB%sf~,Stewart,Thoms°n,Wallace' it|Aldermen Mann,Michael,OrrsPuttick and Crows. (See additional Resolutions - page 9) .... 8. -8- BY-LAWS ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan that leave be granted to introduce the following By-laws and the By-laws be given a first reading: No.75-20 A By-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. No.75-21 - A By-law to authorize the acquisition of land for an industrial site. (Red-Bar Custom Woodworking Ltd., Lot 15, Falls Industrial Park) No.75-22 - A By-law to authorize the acquisition of land for recreation purposes. (Regarty property - Sodom Road) No.75-23 No. 75 - 24 No.75-25 - A By-law to authorize the conveyance of land to Randolph Francis Coughlan and Beatrice Coughlan. (Registered Property 72-4,Lot 54, Plan 64, Township of Stamford) - ~ By-law to 'aUthoriz.~ '~he execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario represented by the Minister of Transportation and Connnunications for the Province of Ontario. (AlternateService Road, Q.E.W.-Mountain Road Interchange) - A By-law to authorize the execution of a site plan agreement with Dennis J. Savriga and Salvetore Iorfida. (South side of McLeod Road west of Stanley Avenue) No. 75 - 26 - 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. (D.Savriga and S. Iorfida) No.75-27 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the following by-laws be now read a second and third time: ~o.75-20 - A By-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. ' ~o 75-21 , A By-law to authorize the acquisition of land for an industrial site. (Red-Bar Custom Woodworking Ltd.,Lot 15,Falls Industrial Park) ~o.75-22 - A By-law to authorize the acquisition of land for recreation purposes, (Hagarty property - Sodmn Road) N__o.75-23 - A By-law to authorize the conveyance of land to Randolph Francis Coughlan and Beatrice Coughlan. No.75-24 - A By-law to authorize the execution of an agreement with Her Majesty The Queen in Right of the Province of Ontario represented by the Minister of Transportation and Communications for the Province of Ontario.. (Alternate Service Road, Q.E.W.-Mountain R~ad Interchange) No.75-25 - A By-law to authorize the execution of a site plan agreement with Dennis J. Sayriga and Salvetore Iorfida. (South side of McLeod Road, west of Stanley Avenue) ~o.75-26 - A By-law to amend By-law No.2530,1960 of the former Township of Stamford, now in the City of Niagara Falls, as smended.(Savriga and Iorfida) : ......... ~.75-27 - A By-law to provide monies for general purposes. Carried Unanimously I - 9 - CONFLICT OF INTEREST - GUIDELINES FOR REGIONAL EMPLOYEES It was moved by Alderman Smeaton, seconded by Alderman Wallace that copies of the report respecting Conflict of Interest - Guidelines for Regional Employees and the recommendations approved by the Regional Municipality of Waterloo be provided to all members of Council and the item be included on the agenda of the next meeting of Council for discussion. The motion Carried unanimously- MR. JOSPEH DESSON - 106 YEARS OF AGE Resolution No. 13 - SMEATON - THOMSON - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Joseph Desson, a respected resident of the Municipality for many years; AND the Seal of the Corporation be hereto affixed. Carried Unanimously JOHNAND DOREEN WALKER AND "THE YOUNG CANADIANS" Resolution No. 14 - SMEATON - THOMSON - RESOLVED that a letter of appreciation be forwarded to Mr. and Mrs. John Walker for outstanding service to the Municipality in foundlug and directing the Company of Young Canadians; AND the Seal of the Corporation be hereto affixed. Carried Unanimously CONVENTIONS AND CONFERENCES Alderman Wallace suggested that a policy with respect to attendance at conventions and conferences should be established by Council to eliminate the necessity of considering numerous reports during the year. If Council was provided with all pertinent information, he said, perhaps a broad policy could be adopted to cover all standard conventions. Reports regarding additional or special conventions could be submitted when necessary. Alderman Wallace requested a report enumerating all standard conventions and providing information as to convention expenses for 1974 and previous years for comparison purposes; the amount of money spent by elected officials; the amount of money spent by appointed officials; what funds are available; the personnel involved; the hours involved and the number of convention days per annum. It was moved by Alderman Wallace, seconded by Alderman Michael that City Staff prepare a report for submission prior to the 1975 Budget meeting, providing information about conventions and costs. The motion Carried unanimously. PARKING OF TRACTOR TRAILERS - BRIDGE ST. AND RIVER ROAD AREA Alderman Thomson reported complaints about the number of tractor trailers being parked.on Bridge Street fromErie'Avenue to River Road and on River Road near the intersection wi~ Bridge Street. The Alderman stated that regulations prohibiting the parking of trucks in the area are not being enforced and parking prohibition signs are being ignored. Me suggested the situation was causing :'traffic problems and hazardous conditions and made a motion requesting City staff to prepare a report suggesting a method of controlling the situation and recommending a location for the parking of the tractor trailers. The motion was seconded by Alderman Puttick and Carried unanimously. SIGNING , LUNDY'S LANE TOURIST AREA Alderman Thomson referred to the lack of adequate signing on the Queen Elizabeth Way to indicate the tourist facilities on Lundy's Lane. The matter had been discussed many months ago and it was understood a meeting was to be arranged .with representatives of the Ministry of Transportation and Co~nunications, City officials and the Lundy's Lane businessman for the purpose of discussing adequate signing on the Q.E.W. to direct traffic to Highway ~20 and the Lundyss Lane tourist area. Alderman Thomson noted that the N.R.T.A. had studied a signing policy for the municipality and expected the cooperation of the MinistrF. To date there have been no improvements made to the signing end the Lundy's Lane tourist operators are dissatisfied with the lack of progress in this respect. The City Manager indica~ed the status of the,negotiations with the M.T.C. would be investigated. - 10 New Business (Conrad) DOGS RUNNING AT lARGE The City Manager will investiga~e reports received by Alderman Thomson that a citizen reporting s dog running at large is told by the Humane Society to catch the animal and keep it on a leash or in the backyard until an official can get there. The Alderman questioned the advisability of s citizen attempting to control a strange dog and requested a report on the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the meeting adjourn to Committee of the Whole. READ A}~) ADOPTED, ~' - .......... / yor COMMITTEE OF THE WHOLE Committee Room #1, February 17, 1975. Council met in Committee of the Whole on Monday, February 17, 1975, following a regular meeting of Council. All Members of Council were present with the exception of Alderman Orr. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ ANDADOpTED, Mayor COUNCIL I~ETING Council Chambers, February 17, 1975. Council reconvened in open session following a meeting of the Committee of the Whole. All Members were present with the exception of Alderman Orr. His Worship Mayor George Baketot presided as Chairman.: The mse~in.g .ad. Jo. urned.. '. ' ' READ AND ADOPTED, Mayor SIXTH MEETING Council Chambers, February 24, 1975. SPECIAL MEETING Following a meeting of the Council Committee held Monday, February 24, 1975, Council reconvened in formal session on the motion of Alderman Smeaton, seconded by Alderman Mann. All Members of CounQil were present. His Worship Mayor George Bukator presided as Chairman. RESOLUTIONS No. 15 - MANN - THOMSON - RESOLVED that the Corporation of the City of Niagara Falls petition for subsidy under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1974 in the amount of $2,244,148.30; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 16 - THOMSON - SMEATON - RESOLVED that a message of sympathy be forwarded to the family of the late Mrs. George Fartell, mother of bir.G.E.Farrell, City Treasurer and respected resident of the Municipality; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LA~S No.75-28 - A By-law to authorize the acquisition of land for the purposes of a housing project. (Bucklay Avenue Complex) ORDERED on the motion of Alderman Smeaton, seconded by Aldernmn Fern that leave be granted to introduc~ the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Aideman Schisler, seconded by Alderman Crowe that the By-law be now given a second and third reading, Carried Unanimously No. 75-29 - A By-law to authorize an agreement with Edythe Fishman respecting parking facilities. (BJ's Limited, Queen Street) ORDERED on the motion of Alderman Thoumon, seconded by Alderman Crows that leave he granted to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the By-law .be now given a second and third reading. Carried Unanimously I~W BUSINESS ROAD CONDITIONS - BRIAN CRESCENT AREA It was moved by Alderman Puttick, seconded by Alderman Thomson that in view of the extremely poor condition of roads in the general area of Brian Crescent, consideration be given to the placing of stone on the roads as a temporary measure and staff be directed to prepare a report regarding a holdback of monies being paid to the contractor until the situation is improved. The motinn Carried unanimously. ROAD SWEEPERS Alderman Patrick questioned the advisability of using road sweepers while snow was still at curbside. The appropriate City Department will provide an explanation to ~he .A.ldermsn. - 2- CROSSWALK - VALLEY WAY AT QUEEN STREET Alderman Puttick noted that the crosswalk on Queen Street at Valley Way is not clearly marked and merchants in the area are concerned about the safety of pedestrians as traffic does not come to a complete stop at this inter- section. The Alderman requested that the Projects Engineer cons ider the possibility of some type of signing to indicate the location of the crosswalk. NIAGARA FRONTIER HUMANE SOCIETY Alderman Puttick referred to the increasing number of complaints about the operation of the Humane Society and moved that the Mamger of the Society submit s full report at the 1975 Budget meeting. The motion was seconded by Alderman Thomson and Carried unanimously. Alderman Stewart, Council's repre- sentative on the Society's Board, advised that a meeting was scheduled for Tuesday, February 25th and he would report on the proceedings at the next meeting of Council. ENVIRONMENTAL IMPACT STUDY - ADVISORY COMMITTEE Alderman Puttick presented a letter signed by J.Muir, Mxs.W.E.Muir and C.F.Muir requesting the appointment of Professor E. Miryneck to the Shrinerls Creek Advisory Committee. Professor Miryneck is a staff member at Brock University, a geologist and owns property in the Shriner's Creek area. The letter was referred to the City Clerk. Alderman Puttick also presented a letter from Mr. P.Grandoni advising that Mr.J.Muir will be unable to attend meetings of the Technical Advisory Cou~ittee due to ill health. Mr.Grandoni, as an alternate member, had artended the first meeting of the Couaaittee and his letter includes comments regarding the attendance of two additional members who were not originally appointed; the fact that the Shriner's Creek representative was outnumbered eight to one and a request that three representatives of the property owners be allowed to attend future meetings of the Technical Advisory Committee. Mr. Grandoni was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Smeaton. Mr.Grandoni said the consultants had indicated that several alterna- tive solutions to the Shriner's Creek problems will be presented at the next meeting of the Technical Advisory Co~ntttee and questiohed if members of the Committee had authority to vote on which of the alternatives will be incor- porated in the Environmental Impact report. Me suggested that fair representa- tion of all parties concerned would be beneficial to the study but noted at the present time, the Conservation Authority was represented by four members, the City had four representatives while the property owners have only one appointee. Me suggested that if the members of the Committee are empowered to vote on the alternatives presented by the consultants, the objectors to the Shriner's Creek project should be represented by at least three affected property owners and ciarification be provided as to the role of the Committee. Mayor Bukator suggested that the first meeting of the Committee had been very informative and was intended to lay the groundwork for the study. The question as to whether the property owners should have additional representation, he saids should be decided by the City Council. It was moved by Alderman Wallace, seconded by Aldernmn Harrigan that the communications be referred to staff for an early report as to the role of the Technical Advisory Conmittee organized to work in conjunction with the Environmental Impact Study. The motion 9artled unanimously. ***** ORDERED on the motion of Alderman Michael, seconded by Alderman Harrigan that the meeting adjourn to Committee of Whole. READ AND ADOFrED, 31erk * ' * ' ' I I Mayor - 3- COMMITTEE OF THE WHOLE Committee Room No.1 February 24, 1975. Council met in Conm~ittee of the Whole on Monday, February 24, 1975, following a special meeting of Council. All Members of Council were present. Alderman puttick presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, seconded by Alderman Harrigan that the Committee of the Whole arise without reporting to Council. READ AND ADOPTED, rk Mayor COUNCIL MEETING Committee RoomNo.l, February 24,1975. The Council met in open session following a meeting of the Committee of the Whole held on Monday, February 24, 1975. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned. READ ANDADOPTED, :lerk Mayor SEVENTH I~ETING Council Chambers, March 3, 1975. REGULAR MEETING Council met on Monday, March 3, 1975, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Alderman Mann offered the Opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the minutes of a regular meeting held February 17, 1975 and a special meeting held February 24, 1975, be adopted as printed. REPORT pROPOSED SETTLEMENT - LOCAL 133,CANADIAN UNION OF PUBLIC EMPLOYEES Report No.82 -City Manager - Advising of a meeting with the City's Negotiating Committee, the Negotiating Committee of Local 133,C.U.P.E. and a conciliation officer appointed by the Minister of Labour; providing information regarding the terms in a Memorandum of Settlement and recommending approval of the principal details as follow: Wages & Salaries - a 14% increase across the board effective January lst,1975, plus a lump sum payment of $175 to all employees on the payroll at date of ratifi- cation. Vacations - 5 weeks after 22 years of service. Shift Premium - 20¢ and 25¢ Medical and Other Benefits - Life Insurance increased to 1% times earnings from the present maximum of $12,000. City to pay 75% of Dental Plan. During discussion of the matter each member of Council expressed his personal opinion regarding the terms of the proposed settlement and their reasons for voting either for or against adoption of the City Manager's report. The City Manager, Mr. S. R. Price and the personnel Director, Mr. A.L.Jobey provided further information and clarification of various points in response to questions raised by the members of Council. Mr. William Hunter, president of C.U.P.E. ,Local 133, was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Mann. Mr. Hunter stated that the members of Local 133 had voted for ratification of the agreement because it was recommended.. by the Negotiating Committee authorized to act on their behalf. He suggested the con~ents of some members of Council indicated a lack of faith in the efforts of the City's NegOtiating Committee. It was moved by Alderman Wallace, seconded by Alderman Mann that the recommendations of the City's Negotiating Conm~ittee as contained in the City Manager~s report be adopted and incorporated in a new collective agreement with Local 133, Canadian Union of Public Employees. The motion Carried with the following vote: AYE: Aldermen Crows, Harrigan, Mann, Schisler, Thomson, Wallace and Mayor Bukator. NAYE: Aldermen Fera, Michael, Orr, puttick, Smeaton, Stewart. The By-law to authorize the agreement with Local 133, C.U.P.E. was brought forward for consideration at this time. By-Law No.75-30 - A By-law to authorize the execution of an Agreement between the Corporation of the City of Niagara Falla and Canadian Union of Public Employees, Local Union Ntunber 133. ORDERED on the motion of Alderman Thomson~ aeconded by Alderman Wallace that leave be granted to introduce the By-law and the By-law be given a first reading. Carried Unanimous_3/ -2- By-La~ No. 75-30 (toni ~d ) ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the By-law be now read a second and third time. The motion Carried with the following vote: AYE: Aldermen Crowe,Harrigan,Nann,Michae1,0rr,Schlsler,Stewart,Thomson,Wallace. NAYE: Aldemen Patrick, Sineaton and Fern. DEPUTATION NIAGARA TEANSIT Members of the Greater Niagara Transit Commission were welcomed by His Worship Mayor Bakator. The Conmissioners were in attendance for the presentation of the statement of affairs for 1974. Conmn. No.18 - G.H.Mowers,Chairman,Transit tommiss ion - Re: Annual Statement of Affairs of the Greater Niagara Transit Commission for the year ending December 31st,1974. ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe that the statement of affairs be approved and the communication received and filed. TRANSPORTATION FOR THE HANDICAPPED Comm.~5 (Jan.20/75) - Niagara Peninsula Rehabilitation Centre - Re: Transporta- tion for the Handicapped. Providing information regarding the recommendations of the Canadian Rehabilitation Council for the Disabled. (The communication was referred to the Transit Commission) Comm. No.19 - J.T.McMahon,Manager,Niagara Transit - The communication suggests that in view of the fully funded pilot project just underway in the City of Toronto, the matter be deferred until information on the Toronto.service is made available. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communications be received and tabled for consideration at a future meeting. UNFINISRED BUSINESS J Report ~ 83 - City Manager - Re: New Police Building. Submitting a draft agree- merit between the City, the Region and the Niagara Regional Board of Commissioners of Police respecting the exchange of land. for the purposes of the new police building and a letter from the Regional Solicitor noting three changes in the :~' wording of the agreement; recommending that the requested changes be approved and the by-law to authorize the execution of the agreement, as amended, and conveyance of the new site to the Region, be passed by Council. ORDERED on the motion of Alderman Puttick, seconded by Aideman Wallace that the report be'received and adopted. See By-law No.75-34 NIAGARA SQUARE REGIONAL SHOPPING CENTRE Report #84 - City Manager - Re: Niagara Square Subdivision Agreement. Submitting reports prepared by the City Engineer and the City Solicitor regarding the major points of the agreement; suggesting that in consideration of all the factors outlined in the report and the attached documents, and provided that Mardress Investments Ltd. pay an amount of $250,000.00 in cash or by means of an.approved Letter of Credit to the City prier to the signing of the agreement.,that Council approve the draft subdivision agreement with the understanding that minor changes my be required by the City end ~the Region; recomm~uding also that the by-law authorizing the execution of the subdivision agreement be approv~d by Council. Mr. R. Routledge,President,Mardress Investments Ltd., was granted permission to address Council on the marion of Alderman Thomson, seconded by Aldermn Michael. Hr.Routledge reponded to numerous questions raised by members of Council and provided the following informrich: : the $250,000 bond or Letter of Credit referred to in the report is with the developer's backers and is expected to be signed in ninety days. However, bank 'officials require informrich as to the exact terms of the agreement. Nr. Routledge also co~wnted on the many meetings with City Staff and the necessity for the developers to negotiate with the City, the Region and the Ministry of Transportation and C.ommunications. He cited the economic conditions during 1974 - 3- Report #84 (Cont'd) and the subsequent financial difficulties encountered in the development field. Mr.Routledge also drew attention to the additional funds to be paid by the developer amounting to $400,000 to $450,000 for the oversize costs of a regional trunk sewer. - agreements to lease have been concluded; mall leasing is proceeding under the management of Mr.Warren Scott, formerly of Select properties - no problems are anticipated with respect to agreements with Dominion Stores, Robinsons or Woolco - major insurance documents will be signed in a very few weeks - industrial construction will be concurrent with construction of the first phase of the shopping centre - acceptance of offers received to date from retail companies to form.a partner- ship for the project would not guaranty the establishment of a Class A plaza, the establishment of a traditional department store nor the type of facilities originally promised - information re ~rding a joint venture for financial backing of the project is expected to be available by the end of March 1975. Following a lengthydiscussion it was moved by Alderman Michael, seconded by Alderman Fera that the report of the City Manager be received and adopted and the by-law authorizing the execution of a subdivision agreement with Mardress Investments Ltd. be approved subject to an amendment respecting payment of $250,000 by the developer. The motion Carried with Alderman Puttick voting contrary and all others in favour. It was then moved by Alderman Crows, seconded by Alderman Wallace that paragraph 4 of By-law 75-35, being a by-law to authorize the execution of a subdivision agreement withMardress Ltd. be amended to provide that the Mayor and City Clerk are authorized to execute the subdivision agreement upon payment by the developer of $250,000.00in accordance with. an agreement dated April 29, 1974. The motion Carried with Alderman Patrick V~ting contrary and all others in favour. Note: By-law No.75-35 was brought forward for consideration at this time. By-law No.75-35 - A By-law to authorize the execution of a subdivision agreement with Mardress Investments Ltd. (Niagara Square) ORDERED on the motion of Alderman Crowe, seconded by Alderman Wallace ~hat leave be granted to introduce the By-law and the By-law, asamended, be given a first reading. Carried Unanimousix ORDERED on the motion of Aldermen Wallace, seconded by Alderman Crows that the By-law, as amended, be now given a second and third reading. The motion Carried with Alderman Patrick voting contrary and all others in favour. lIESTRUCTURING OF PUBLIC UTILITIES AND HYDRO COMMISSIONS Note.: A co.~aunicetion from Niagara Falls Hydro was brought forward for considera- tion at this time.- Comm. No.20 = Niagara Palls Hydro = Re: Statement of the Minister of Energy concerning the Restructuring of Public Utilities and Nydro Co~niseions; advising that it is the recommendation of the Niagara Falls Hydro Conmission that all electrical customers within the new extended boundaries of the City be serviced by Niagara Falls Nydro; requesting that Council, by resolution, support the recommendation. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart that the communication be received and the request for support of the Niagara Falls Hydro reco~endation be approved. Resolution No. 17 - THOMSON - STEWART - RESOLVED that WNEBEAS in a statement dated the llth day of February 1975, the Ministry of Energy announced the approval of guidelines for the restructuring of electric utilities in areas or regions covered by restructured l~cal goverlunent; . -4- r Resolution No.17 (Cont'd) AND WHEREAS the Niagara Falls Hydro Commission has, over the past five years, conducted numerous studies to determine the advisability of consolidating responsibility for the sale of electrical power in the City of Niagara Falls; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls hereby endorse the recommendation of the Niagara Falls Hydro Conmission that all the electrical consumers within the City be served by the Co~ission; AND BE IT FURTHER RESOLVED that The Honourable Dennis R. Timbrell, Minister of Energy, be requested to proceed with the immediate restructuring of existing hydro commtssior~ in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Note: His Worship Mayor George Bukator retired from the Council Chambers Resolution No.18 - SMEATON - WALLACE - RESOLVED that Alderman W. Thomson be appointed as Presiding Officer during the absence of His Worship Mayor Ceorge Bukator; AND the Seal of the Corporation be hereto aff/xed. Carried Unanimously UNFINISHED BUSINESS (Cont'd) STANLEY AND BUCHANAN AVENUE - PARKING AND LIGHTS Report #61 - City Manager - Re: Regional Recommendations for Changes on Ferry St. in the vicinity of Buchanan Avenue-. The report advises that the Municipal Parking Committee favours no changes in the area except the elimination of traffic islands and medians at the intersection of Ferry Street and Stanley Ave. and with Buchanan Avenue and that the left turn prohibitions from Ferry to Buchanan Avenue northbound and from Buchanan to Ferry St. eastbound, be pro- hibited by signing instead of the existing harrier median. (The report was tabled for two weeks) Comm.~21 - Walker &Walker,Barristers &Soiicitors - Re: Sam LaRosa - Stanley and Buchanan Ave., Parking and Lights. Requesting that consideration of the City Manager's report (No.61) be tabled for consideration at the March 10th meeting of the Council Committee. Comm.#22 - PETITION- Residents and Patrons of the Buchanan Ave.-Ferry St.area. Requesting that traffic controls in the area remain as at present. CeDERED on the motion of Aldermen Crows, seconded b~ Alderman Schisler that the communications be received and considered with the report of the City Manager at the Council Committee meeting of March 10,1975. ROLLER SNATING Report 4~85 - R.J.Perkin,Chaiman,Recreation Commission - Advising that the Recreation Cc~nission wish to cancel the roller skating program which provides bus service to roller skating facilities in St. Catharines and publish a full explanation as to why the program was cancelled. Mr. Perkin commented on the charter bus service to roller skating facilities in the City of St.Catharines and thenumber of young peqple' using the service. The Transit C~ission has asked the Recreation Commission to take some action to control the excessive rowdyism, littering, drinking and suspected use of mariJuana. Passengers were reported to be leaving. the bus 'before it came to a complete stop and a hard object was thrown from the rear of the bus and striking the glass near the driver's head. Mr. Perkin reported that the situation ~proved when the Recreation Conmission provided supervisory personnel. It was moved by Alderman Mann, seconded by Alderman Smeaton that the report from the Recreation C~iss ion be received and the cancellation of the roller skating program be epproved. The motion Carried with the £ollowing vote: AYE: Aldermen Crowe,Fere,liarrigan,Mann,Michael~Sc'Sc~er,Smeaton,Stewsrt,5,al~laee, ..NAYE: Aldermen err and Puttick. BAMBI ESTATES SUBDIVISION Report ~86 - City Manager - Referring ao · report presented to the Council Committee on February. 24,1975; advising that the subdivider's agreement has been forwarded to the developer and indicatir~ that the developer my have - 5 - Report No. 86 (Cont'd) difficulty in arranging financing; suggesting two items which can be taken out of the agreement to reduce the subdivider's initial financial commitment; reconunending that a further extension be granted to the subdivider of the Bambi Es tares Subdivision to enable him to have the subdivision agreement signed before the next regular meeting of Council on March 17, 1975. Note: Alderman Crowe declared a conflict of interest and did not participate in the discussion or vote on the matter. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report be received and adopted. REPORTp. No. 87 - City Clerk - Report of the Council Committee- Recommending that the action suggested by the Council Committee be ratified by adoption of the report. 1.Parking on Stanley Avenue Reconnnendation - That the report submitted to the Council Committee be received and the Region be notified that the City of Niagara Falls supports the request of residents on Stanley Ave. for parking on Stanley Avenue during the off-season months between Spring and Kitchener Street. It was also directed that the Region be again requested to erect speed limit signs to discourage the excessive speeding on that section of Stanley Avenue. 2.Bus Shelters Recommendation: That two bus shelters be purchased from Craft Aluminum products Co. (1974) Ltd.,Weston,Ontario, at a cost of $620.00,f.o.b.plant, and City forces erect one shelter in the vicinity of the Senior Citizens~ Complex on Ailanthus Avenue and one adjacent to St.Andrew's Church on Morrison Street. The report also recommends that periodic inspection and cleaning of the shelters be carried out by City forces and an accurate record kept of any vandalism- The information will be re-evaluated before considering the purchase of additional units. 3.Transit Service - Queensway Area - A delegation of residents from the Queensway Subdivision were present during consideration of the proposed re-routing of an existing bus route to acconnodate residents of the subdivision. An alternate route was suggested by their spokesman, Mr. Paul White, whereby Freeman Street would be used for the bus route. ~Recommendation - That the communication from the Transit Commission regarding a proposed bus service to the Queensway area be referred hack to the Commission for examination of the alternate route suggested by Mr.White. 4.policy-Off-Street parking Space - A report was submitted suggested the City adopt a policy to provide for the annual rental of off-street parking space. Recommendation - Approval of the following policy for the rental of off-street parking space: a)parking spaces will be rented on an annual basis to owners of passenger ~ehicles for spaces in City-owned off-street parking lots controlled by : parking meters. b)The rental rate will be $50.00 per space per year for all, or any part, of a calendar year. c)Rental will be for a specified lot. Stickers to be permanently placed on the vehicle windshield indicating the lot where Space has been rented. d)The stickers will be sold by the City-Clerk on a first-come basis with a preference given to renewals. e)A maximum number of spaces will be rented in each lot; the number to be specified by the City Manager and based on the number of spaces normally available after shoppers' needs have been satisfied. ORDERED on the motion of Aldermen Michael, seconded by Alderman OfT that the report of the City Clerk be received and adopted. The motion Carried with Alderman Mann indicating his opposition to the rec~endation in respect to parking on Stanley Avenue and Alderman Wallace indicating a wish to be recorded a~ opposing the purchase of only two bus shelters. Report No.88 - Plsnning and Development Co~Eaittee - Re: AM-45/74 CanJam Developments Ltd.,Sinnicks Avenue and St.John Street. A change in zoning would permit the con- struction of .three four-unit dwellings on a 1.9 acre parcel'of land presently occupied by one single-family dwelling. Recommending denial ~f the application. Several residents of the area stranded the meeting and, speaking on their behalf, Mrs. Barbara McGibbon, objected to a request .received from Mr. Brian Sinclair that the item be deleted from the agerids and considered by Council at the next meeting. -6- Report No.88 (Cont'd) It was moved by Alderman Mann, seconded by Alderman Puttick that the report be received and tabled for one week. The motion Carried with the following vote: AYE: Aldermen Mann,Michael,Puttick,Schisler,Wallace., Thomson. NAYE:Aldermen Fera,Harrigan,Smeaton,Stewart and Orr. NOTE: Alderman Crows declared a conflict of interest and abstained from voting. No. 89 - Planning and Development Couunittee - Re: Proposed Policy for Condo- minium Plans of Subdivision. Recommending that the Region be requested to review Policy No.l,page 3,DPD 559, on the basis of Section 12, I, of the Regional Niagara Policy Plan and that a full report discassing the merit be obtained. ORDERED on the motion of Alderman Harrigsn, seconded by Alderman Orr that the report be received and adopted. The motion Carried with Alderman Crows voting contrary and all others in favour. No. 90 - Recreation Commission - Re: Willoughby Township Hall - SodomRoad. Recommending that the Willoughby Cormunity Centre remain open for the benefit of groups using the facility. C~DERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report .be received and filed and the decision of the Recreation Commission to have the Willoughby Township Hall remain open, be approved. No. 91 - Loan Review Conmittee - Re: Property No. 105. Recommending approval of the application for assistance under The Ontario Home Renewal Program. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the report be received and adopted. No. 92 - City Manager - Re: Sale of Lot 13,Falls Industrial Park. Recommending the sale of Lot 13 to Mr.L.Siedersberger who intends to construct a 2700 sq.ft. building for his own purposes and two 1200 sq.ft.sections attached to the building for the initial requirements of new small industries. The price of the 1.24 acre site is $8,680.00 based on the rate of $7,000 per acre. Note: Alderman Crows declared a conflict of interest and abstained from partici- pating in the discussion and the vote. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr that the report be received and adopted. The motion Carried with Alderman Crows abstain- ing and all.others in favour. No. 93 - City Manager - Re: Request of Mr.Vincent Baldo for relief from the cost of installing a sewermain to a lot he proposes to purchase from the Municipality located on Ulster Avenue; recc,,--~nding that inasmuch as adequate notice was included in the published notice and the precedent established in severances of this nature, that Mr.Baldo be requested to complete the purchase of the lot from the City in accordance with the original terms or, if he does not wish to do so, ' the City sell the lot to the next highest bidder. ORDERED on the motion of Alderman Crows, seconded by Alderman Harrigan that the report be received and Mr.Baldo be allowed to complete the purchase of the land in accordance with the original offer or, failing this, the City call new tenders for purchase of the lot on Ulster Avenue. No. 94 - City Manager - Re: 1974 Annual Report of the Fire Department. Co,~nenting on the highlights of the report details of which are included in'the report; commending Fire Chief gtan Thomson , Deputy Chief Jack Hart and all members of the Department for an excellent Job throughout the year. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the report be received and filed. Resolution No. 23 - CRONE - ORR - RESOLVED that Alderman D. Wallace be appointed ss Presiding Officer during consideration of the next item of business; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 7- Reports (tout'd) No. 95 - City Manager - Re: Retirement Age for Members of the Fire Department. Noting that Fire Chief S. Thomson will be 60 years of age in March 1975 and recommending that he be granted a deferment of his retirement to the age of 65 years which would be in line with other supervisory personnel- Note: Alderman Thomson declared a conflict.of interest a~ abstained from ' participating in the discussion and voting on the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the report be received and adopted. The motion Carrie~ with Alderman Thomson abstaining and all others in favour. NOT__EE: Alderman Thomson resumed chairmanship of the meeting. Report #96 - City Manager - Re: Brian Crescent - Dell Farm Subdivis ion. · Cormnearing on the poor state of repair of Brian Crescent in the Dell Farm Subdivision; providing background information regarding the sequence of con- struction events in the subdivision; advising that repairs were carried out by the contractor on February 25th and the contractor has been advised that any further repair to the roadway prior to the completion of the final asphalt paving will be undertaken by City forces at the expense of the developer if repairs are not carried out within 48 hours notice. 0RDERED on the motion.of Alderman Schisler, seconded by Alderman Stewart that the advisory report be received and filed. No. 97 - City Manager - Re: proposed 1975 Local Improvement program. Requesting approval of the required by-law to permit the advertising of the program and to allow property owners affected the time and right to object to the undertaking of any of the items. The City Clerk advised that the schedule of work required some changes and requested that the report be deleted from the agenda at this time. ORDERED on the motion of Alderman Crows, seconded by Alderman Harrigan that the report be received and deleted from the ageads. No. 98 - City Manager - Re: Grassy Brook - Demolition. Advising that the lowest quotation received for the demolition of several old and dilapidated buildings was $3,800; advising that the work will be undertaken by City forces and charged to the sanitation accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that the report be received and filed. During the discussion it Was indicated that Council will receive a full report on thestatus of the City's application for grants under The parks Assistance Act. No. 99 - City Manager - Re: Tenders for.Materials 1975. Recommending acceptance of the following bids: 1) Grass Seed - F.R.Smith Seeds Limited 2) Fertilizer - Gsuld's Nursery 3) Traffic Paint - Niagara Paint and Chemical 4) protective Clothing - Jerry's Army Surplus - Shirts and Pants j.p.Hanmill & Son - Coverails. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fern that the report be received and adopted. See Resolution No. 19 No.100 - City Manager - Re: Quotations - Spin-on Type polypropylene Main Brooms and Gutter Brooms. Recommending that the quotation received from SMI Industries Ltd.,Mississauga,Ont. in the total amount of $4,282.50 be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe that the report.be received and-adopted. See Resolution No. 2~ No. 101 - City Manager - Re: Ontario Arenas Association Annual Training Program. Reconnending that the Manager of the Stamford - Jack Bell Arena Complex be authorized to attend the training program to be held at the University of Guelph, May 11th to 16th,1975. ORDERED on the motion of Alderman 8meaton, seconded by Alderman 0rr that the report be received and adopted. _g _ Reports (Cont'd) No. 102 - City Manager - Re: Canadian Building Officials Association Annual Convention. Recoun.ending that one member of the Engineering Staff be authorized to attend the conference in Calgary,Alberta fromApril 20th to 25th,1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace that the report be received and adopted. No. 103 -Planning Administrator - Re: Planning Conferences - 1975. Providing information regarding three conferences including a Planning Conference with Community Planning Association,American Society of Planning Officials and the Canadian Institute of Planners to be held in Vancouver from April 12,1975 to April 17th; recommending that the Planner or his designate be authorized to attend the conference in Vancouver. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fera that the report be received and adopted. The motion Carried with the following vote: AVE: Aldermen Crowe,Fera,Harrigan,Mann,Orr,Smeaton,Schisler,Stewart,Wallace. NAVE:Aldermen Puttick and Michael. No. 104 - City Manager - Re: Transportation Safety Association Awards for 1974. Advlsing that 66 City drivers are eligible for safe driving awards and recommend- ing that the awards be presented in the lunchroomat the Municipal Service Centre 'during the latter part of March on a date suitable to His Worship the Mayor; recouauending also that 43 drivers who have accumulated six or more years of accident-free driving be authorized to attend the Annual Banquet of the Trans- portation Safety Association at the U.A.W. Centre,St.Catharines ohM arch 22, 1975 and His Worship the Mayor or his designate and two members of the Super- visory Staff also be authorized to attend. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr that the report be received and adopted. No. 105 - City Clerk - Recounending approval of Municipal Licenoes. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera that the report be received and adopted and licences granted. No. 106 - City Manager - Reconw.ending payment of Municipal Accounts. ORDERED on the motionof Alderman Schisler, seconded by Alderman Crows that the report be received and adopted. RESOLUTIONS No. 17 - See Page 3, Line 52 No. 18 - See Page 4, Line 12 No. 19 - SMEATON - FERA - RESOLVED that the following tenders for material be accepted: Grass Seed, F.R.Smith Seeds Limited; Fertilizer: Gauld's Nursery; Traffic Paint - Niagara Paint & Chemical and Protective Clothing: Jerry's Army Surplus - Shirts and Pants and J.P.Hammill & Son - Coverails; AND the Seal of the Corporation be hereto affixed. · Carried Unanimously No. 20 - SCBISLER - PUTTICK - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petition the Ministry of Transportation and Communications for subsidy payment under The Public Transportation a~d Highway Improvement Act on expenditures made for public transportation during the year 1974 in the total amount of $572,746.09; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 21 - SCHISLER - MANN- RESOLVED that pursuant to The Public Transportation and Nighway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy moneys for public trans- portation in the amount of $600,600.00 for the Capital Asset Assistance Program and $347,000.00 for Transit Operating Deficit; AND the Seal of the Corporation be hereto affixed. 9arried Unanimously No. 22 - S/~ATON - SMART - RESOLVED that a message of condolence he forwarded to the family of the late Mr. William B. Gunning; a respected resident of the Municipality; Al~)the Seal of the Corporation he hereto affixed. Carried Unanimously - 9 - Resolutions (Cont'd) No. 23 - See Page 6, Line 51 No. 24 - MANN - CROWE - RESOLVED that the quotation received from SMI Industries Ltd., MisSissauga,Ontario for the supply of Spin-on Type polypropylene Main Brooms and Gutter Brooms in the total amount of $4,282.50 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY- lAWS No.75-30 - A By-law to authorize the execution of an Agreement between the Corporation of the City of Niagara Falls and Canadian Union of Public Employees, Local 133. (See Page 1,Line 44) No.75-31 - A By-law to provide for appointments to certain Boards, Commissions and Cu~uittees. ORDERED on the motion of Alderman Walls c e, seconded by Alderman Mann that leave be granted to introduce the By-law and the By-law be given a first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman SteWart that the By-law be now given a second and third reading. Carried Unanimously No.75-32 - A By-law to appoint members of The Niagara Falls Community Centrag Board. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that leave be granted to introduce the By-law and the By-law be given a first reading. - Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the By-law be now given a secopd and third reading. Carried Unanimously No.75-33 - A By-law to amend By-laws Nos.2350,1959 and 2530,1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Westwood Village II) The By-law was deleted from the agenda for further clarification. No. 75-34 i A By-law to authorize the execution of an agreement and conveyance of land to The regional Municipality of Niagara for .a new police building. ' ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that leave be granted to introduce the By-law and the By-law be given a first ..reading. · Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the By-law be now given a second and third reading. Carried Unanimously. No. 75-35 - A By-law to authorize the execution of a subdivision agreement with Mardress Investments Ltd. (Niagara Square) (See Page 3,Line 32) No. 75-36 - A By-law to provide monies for general purposes. · ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann that leave be granted to introduce the By-law and the By-law be given a first · re~ding. " Carried Unanimousl~ - 10 - By-law 75-36 (tout'd) ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the By-law be now given a second and third reading. Carried Unanimously NEW BUSINESS DISTRIBUTION CENTRE It was moved by Alderman Smeaton, seconded by Alderman Wallace that staff be directed to prepare a report regarding the status of the proposal to establish a Distribution Centre. The motion .Carried unanimously. BURNT-OUT BUILDING - ALLEN AVENUE Alderman Fera reported complaints about the condition of property located on Ellen Avenue near the Zippo Mfg. Co. The building was gutted by fire some time ago and the owners have made no effort to make repairs and the building . remains in a'neglected, hazardous state. It was moved by Alderman Fera, seconded byAlderman Orr that Council be provided.with a report on the matter. .-.The motion ~rried unanimously. HUMANE SOCIETY Alderman Fern expressed concern about the recent resignation of the Manager of the Niagara Frontier Humane Society and the news story which indicated Mr.Grigoroff had resigned because of health problems. The Alderman advised that the resignation form made no mention of ill health and questioned such statements which may Jeopardize efforts to obtain other employment. Alderman Fern suggested that the President of the Society should provide an explanation to Council. Alderman Stewart, Council's representative on the Board of Directors of the Humane Society, pointed out that the Manager is not a City employee and is responsible only to the Board of Directors. COMMITTEE OF THE WHOLE MEETINGS Alderman Michael expressed the opinion that discuss ion of certain subjects in Cormnittee of the Whole was becoming a Joke inasmuch as the infornm- tion is not kept confidential and infornmtion about the dis~ussions appear almost immediately in the newspaper. The Alderman suggested that members of Council, rather than having trust in one another, appear to be back-stabbing each other. He stated the items discussed in Committee should be kept completely .confidential or the practice dtsunnttnued and allmatters'considered by the City Council be discussed at public meetings in the Council Chambers. Alderman Thomson said that guidelines for the procedure to be followed in Con~nittee of the Whole should be established and put in writing. AldermanSmeaton was of the opinion that such guidelines do,in fact, exist and are explicit as to the confidential nature of the Committee discussions. He also suggested that further. discussion was of no benefit unless someone was prepared to make definite allegations~'otherwise the finger is pointed at all members of Council. Alderman Mann had noted-earlfef 'that'discussions in respect to the ProPosedunion'contract had been leaked to the press before ratification of the contract by-Council. ONTARIO TRAFFIC CONFERENCE As a delegate to the Ontario Traffic Conference, Alderman Puttick reported briefly and made special reference to slide Presentations regarding student education in respect to boarding school buses. He noted that the slide presentation is available and made a motion that the films,be reeoemended: to . ~he both the Public and Separate School Boards. The motion was seconded by Alderman Thomson end ~srried unanimously. As Chairman of the Municipal Parking Comittee, Alderman Thomson had also artended,the Conference end reported on the discussions regarding Railway Relncation. He noted that the City wss Just in the early preliminary stages of proposals to relocate railways end there were several studies to be under- taken.including a needs study, a transportation plan, a financial plan, etc. - 11- Ontario Traffic Conference - Railway Relocation (Cont'd) The City Engineer suggested that an earlier report submitted to Council contained the information on the various studies required and could be re-activated. Of primary importance is the needs study to indicate what could be done with the area if the tracks were relocated. The purpose would be to prove to the federal government that the City was, in fact, honest in its efforts to achieve reloca- tion of the railway tracks. Before proceeding with the needs study, members of staff must await a decision by the Ontario government as to a provincial policy. RE-ROUTING OF TRAFFIC FROM RIVER ROAD TO THE QUEEN ST. BUSINESS AREA Alderman Wallace reported that at a recent meeting of the Downtown Business Association the possibility of re-routing traffic from River Road to a point near Erie Avenue, west of the PennCentral tracks, was discussed. It was noted that due to the upward grade of Queen St. in front of the King Edward Hotel, east of the tracks, motorists travelling on River Road could not see the business section. The Alderman said that while plans have been discussed from time to time, it might be possible for the Planning Department to suggest appropriate road relocation and methods of fipancing such a project. It was moved by Alderman Wallace, s~ond~d by Alderman Smeaton that staff be authorized to investigate the question of the re-routing of traffic from the most easterly end of Queen Street to provide better access by motorists to the Queen Street business area. The motion Carried unanimously. The Planning Administrator indicated 'that previous plans and reports will be assembled and presented to the Planning and Development Conmittee for consideration. SIGNING FOR DOWNTOWN BUSINESS AREA Alderman Wallace also reported that the Downtown Business Association had also discussed the existing signs in the community directing motorists and pedestrians to the Queen St. business area. It was noted that some of the signs need to be re-painted, re-located or new signs erected. The problems involving the location of signs on regional roads and the method of financing suggested improvements had also been discussed by the Association. It was then moved by AldermanWallace, seconded by Alderman Schisler that the matter be investigated by staff and a report submitted to the City Council. The motion Carried unanimously. ENVIRONMENTAL IMPACT STUDY Alderman Puttick requested clarification as to the duties and powers of the Technical Advisory Committee appointed to work in con]unction with the Environmental Impact Study being conducted.by the firm of Proctor and Redfern. The City Engineer indicated that the purpose of the Cuuauittee is to provide whatever input is possible to the consultants but the report itself is entirely that of the consultants and not the committee. The question of the number of alternatives to be reported in detail was discussed and tentative decision was reached that approximately two alternatives would probably be spelled out in detail in the report with the remaining alternatives attached as appendices to the report. This was Staff's general unde~,ts~ding of Counctl's intent.but this · t. ype.of decision can.be changed by Council and,-Mr. Rodman said, d~d the',co~nittee is cer~ainly not for the purpose of directing the consultants. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, COMMITTEE OF THE WHOLE Committee Room ~1, March 3, 1975. Council met in Committee of the Whole following a regular meeting held Monday, March 3, 1975. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Fera presided as Cha irma n. Following consideration of the items presented, it was moved by Alderman Thomson, seconded by Alderman Smeaton that the Committee of the Whole arise without reporting to Council. READ ANDADOPTED, Clerk 'Presiding Officer EIGHTH MEETING Committee RoomNo.l, March 10, 1975. COMMITTEE OF THE WHOLE Council met in Committee of the Whole on Monday, March 10, 1975, at 7:15 p.m. All Members of Council were present with the exception of Alderman Harrigan who was in attendance during the meeting of the Council Cummittee. Alderman Crowe presided as Chairman. Following consideration of the items presented, it was moved by Alderman Thomson, seconded by Alderman Schisler that the Committee of the Whole arise without reporting. READ AND ADOPTED, Mayor COUNCIL MEETING Cou~lttee Room~l, March '3, 1975. Council reconvened in open session following a meeting of the Con~ittee of the Whole held Monday, March 3, 1975. All Members of Council were present with the exception of His Worship Mayor George Bukator. Alderman Thomson presided as Chairman in the absence of His Worship the Mayor. The meeting adjourned. READAND ADOPTED, SPECIAL MEETING Council Chambers, l~rch 10, 1975. Council met in special open session following a meeting of the Council Committee. All Members of Council were present. His Worship Mayor George .Bukator presided as Chairman. TRAFFIC CONTROL - FERRY STREET IN VICINITY OF BUCHANAN AVENUE Members of Council had previously received a report from the City Manager (No. 61) regarding Regional recouuuendations for changes on Ferry Street in the vicinity of Buchanan Avenue. The report advises that the Municipal Parking C~.-.{ttee fayours no charlEes in the area except the ~emoval ofttraffic islands and medians at the intersection of Ferry and Buchanan Avenue and further that the left turn prohibitions from Ferry Street to Buchanan Avenue northbound and from Buchanan Avenue eastbound be prohibited by signing instead of the existing barrier median. A petition (C~.No.22) had also been received from residents and patrons of the Buchanan Avenue and Ferry Street area requesting that traffic controls in the area remain as at present. During the Council Cuuauittee Session members of Council heard the submissions of Mr. T. Stevenson on behalf of the Greater Niagara Safety Council; Mr. Keith Milne, Manager of the Chamber of Commerce; Mr. Sam Alfieri, a Ferry Street businessman and Mrs. P. Walker, solicitor for businessmen in the Ferry Street - Buchanan Avenue area. During the discussion, consideration was given to: - earlier reports from Regional Niagara, the Municipal Parking Connnittee and City Staff - the concern for the safety of children attending schools in the area - the affect of any changes on the operation of businesses' in the area - the purpose of the traffic islands - the lack of off-street parking - signing for left hand turns - traffic congestion on Victoria Avenue at Clifton Hill - the earlier decisions of Council to reconxnend that no changes be made to the existinS traffic controls at the intersection of Buchanan Ave. and Ferry Street. It was moved by Alderman Wallace, seconded by Alderman Crowe that the report of the City ManaBet be received and Regional authorities be notified that the Council of the City of Niagara Falls is not in fayour of any traffic chan~es in the Ferry St.-Buchanan Ave. area with respect to the removal of parking meters, traffic medians or traffic lights. The motion Carried unanimously. - 2- CANJAM DEVELOPMENTS LTD. Report No.88 (March 3,1975) - Planning and Development Committee - Re: AM-45/74 CanJam Developments Ltd., Sinnicks Ave. and St.John Street. Requesting a change in zoning to permit the construction of three four-unit dwellings on 1.9 acres of land. Recommending denial of the application. (The report was tabled for one week at the request of the solicitor for the applicant). Note: Alderman Crowe declared a conflict of interest and abstained from partici- pation in the discussion and the vote on the matter. Mr. Brian Sinclair had appeared before the Council Committee to request approval of the application. He suggested the present proposal is the best possible use for the land, the zoning is residential, the proposal conforms to the Official Plan, the density is low and a substantial amount of green area is provided. FAr. Sinclair also commented on the various means of providing a buffer zone in the area adjacent to the Canadian Ohio Brass property. Mrs. B. McGibbon spoke on behalf of residents of the area and objected to the proposed plan citing the inadequate access to the property, the proximity to existing residential homes and devaluation of property. It was moved by Alderman Wallace, seconded by Alderman Marrigan that the report of the Planning and Development Conlnittee be received and adopted and the application of Can]amDevelopments Ltd. be denied. The motion Carried unanimously with Alderman Crowe abstaining. ' PURCHASE OF EQUIPMENT Report No.107 - City Manager - Re: Purchase of Equipment. Advising that Auto- land Chrysler has advised that the Chrysler manufacturer, because of production problems, cannot supply the models ordered during 1974. The company, however, has offered to supply two alternate'truck chassis Model D-800 with the required net 180 h.p.engine at the firm price of $35,928.46, including taxes. With respect to four packer chassis Model C-800, the second low tendeter, Archer Truck Services Ltd. has reconfirmed their tender in the amount of $58,379.20; the equipment complies with City specifications and can be delivered in July 1975 on the originally offered terms. The report recommends that the City now purchase two truck Models D-800 with 180 h.p.engines at $35,928.46,including taxes from Autoland Chrysler and the purchase of four 1800 ~oadstar packer chassis frcmArcher Truck Services Ltd. on the originally tendered terms of payment. ORDERED on the motion of Alderman Wallace, seconded by Alderman Crowethat the report he received and adopted. See Resolution No. 24 CONDOMINIUMpOLICy Report No. 108 - Planning & Development Conanittee - Re: Condominium Policy. Submitting a proposed policy, the minutes of the Committee when the policy was discussed, a report of the City Solicitor on some of the questions raised and the repo~t of the Planning Staff. The report indicates that the Committee is in agreement that condominiumownership of new buildings should be encouraged but that conversion of occupied rental buildings should not be encouraSed. The report recommends approval of the proposed policy condominium applications. ' ORDERED on the motion of Alderman Wallace, seconded by Alderman Crows that the report be received and adopted. BUCKLEY AVENUE SENIOR CITIZENS PROJECT Report No. 109~. Cf~YMam,ger.~.-Re: Buckley Avenue. The report recommends: ,-1) that the Cit~ of NiaSara Falls offer to Ontario Housing Corporation_the land assembled subject to the terms and conditions of th~"options and offer to sell at a ~otal cost of $320,200. for a Seared-to-income senior citizen site; 2) that Staff be authorized and directed to submit a zoning by-law based on a density of 100 senior citizen units per acre; - 3 - Report No, 109 (Cent'd) 3)that the firm of D.Chapman be retained to prepare a master plan at a fee not to exceed $4,000. to be charged at the standard schedule of fees of the Ontario Association of Architects; 4) that the City Manager be authorized and directed to review properties offered for sale in the scheme area, to consider special terms or conditions, obtain appraisals and discuss with other levels of government the acquisition of such property, all of the recormnendations subject to Council's approval. ORDERED on the motion of Alderman Wallace, seconded by Alderman Crowe that the report of the City Manager be received and adopted. CONFERENCE - DEVELOPMENT OF DOWNTOWN MALLS ORDERED on the motion of Alderman Wallace, seconded by Alderman Crowe that the Deputy Planning Administrator, Mr. Carl Larsen, be authorized to attend a two-day conference in the City of New York during which all aspects of developing downtown malls will be discussed. RESOLUTIONS...- ..... No. 24 - WALLACE - CROWE - RESOLVED the City purchase two truck Models D-800 - with 180 h.p.engines at $35,928.46, including taxes, from Autoland Chrysler and, further, that the City purchase four 1800 Loadstar packer chassis from Archer Truck Services Ltd. on the originally tendered terms of payment; AND the Seal of .the Corporation be hereto affixed. Carried Unanimously No. 25 - MICHAEL - SMEATON - RESOLVED that a message of condolence be forwarded to the family of the late Mr. George Rutherford, a respected resident of the former Village of Chippawa; AND the Seal of the Corporation be hereto affixed. Carried Unanimously '.: :'" .... NEW BUSINESS Iv/~%RDRESS INVESTMENTS LIMITED - NIAGARA SQUARE Alderman Crowe comnented on an "action for possession" against Mardress Investments Ltd. by Niagara Meadows which, if successful, would permit the resale of the Niagara Square property in accordance with the terms of the mortgage. The Alderman reported that Mardress Investments have now paid all arrears, principal,interest, costs and all charges will now be discontinued and stopped. Re noted thst while the developer was required to pay a considerable amount of money, the Niagara Square property is now in his possession. In reply to questions by Alderman Puttick, it was confirmed that arrangements in respect to connitments concerning a Mr. deJong have also been finalized. Alderman Crowe el'so noted that in addition to the bond payable to the City of Niagara Falls in the amount of $250,000, the developer will also be required to make further payments upon Ontario Municipal Board approval of the fezcuing application. ALTERNATE METHODS OF PROVIDING CRITICAL SERVICES Alderman Smeaton spoke about the recent settlement with Local 133, Cansdian Union of Public En~loyees, and suggested that during the'peridd of negotiations, the City was particularly vulnerable in that there were virtually no alternatives or safety measures with regard to critical services should there be a strike situation. He suggested that the City has an obligation to all ratepayers to investigate the poss ibility of contracting out some critical services such as garbage collection and disposal. The Alderman said he was not suggesting that the City should take such steps nor was he being critical of staff but, from an economical point of view,-facts and' figures should be · ~".'available 'for'~nr'pOS~S'of comparison. Alderman Thomson said he understood City · officials were not entirely without a plan of action in the event of a strike and Alderman Mann expressed the opinion that the contracting out of services would be a breach of the union contract. It was moved by Alderman Smeaton, seconded by Alderman Orr that a study be undertaken by the City Manager as to the availability of outside con- tracing for Barbage pick up and disposal and to obtain estimates as to the coat of such service. The motion Carried with the following vote: AYE: Aldermen Cro~e,FerasHarrigan;1,0rr,Puttick,Smeaton,Schisler,Wallaces Stewart, NAVE: Alderman Thomson and Mann. il -4- New Business (Cont'd) REALTORS' CO~ISSIONS FOR SALE OF INDUSTRIAL LOTS Alderman Thomson suggested that real estate agents devote very little time toward promoting the sale of City-owned industrial properties nor in con- tacting the Manager of the Business and Industrial Growth Committee because the City does not pay real estate commissions. The Alderman suggested the fee would not affect the price of the property as the additional cost would be paid by the purchaser. He noted that the B.I.G Connittee and City Staff favoured the pay- mant of such commissions. Mayor Bukator said he could find no fault with the suggestion if the additional cost was added to the established price of the City's industrial lots and the procedure would no doubt encourage realtors to promote the sale of industrial properties. He suggested however, that before an offer is accepted a check should be made with Dun and Bradstreet. Alderman Crows expressed concern that prospective purchasers would find it difficult to understand that if they dealt strictly with the City an industrial lot would cost $7,000. per acre whereas if a real estate agent is working on his behalf the cost would be increased by the amount of the commission. The City Manager agreed that an over-all policy would be required. It was then moved by Alderman Thomson~ seconded by Alderman Crowe that the question of the payment of commissions to real estate agents for the sale of City-owned industrial sites be tabled for one week pending a report from staff. The motion Carried unanimously. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart that the meeting adjourn to Committee of the Whole. Read and Adopted, Mayor CO~2{ITTEE OF THE WHOLE Committee Room No.1 March 10, 1975. Council met in Committee of the Whole following a regular meeting held Monday, March 10, 1975. All Members of Council were present. His Worship Mayor Bukator presided as Chairman. Following consideration of the item presented, it was moved by Alderman Schtsler, seconded by Alderman Stewart that the Ceaunittee of the Whole arise without reporting. READ AND ADOPTED, -_ ~ Nayor - 5 - COUNCIL MEETING Committee Room No.1 March 10, 1975. Council reconvened in open session following a meeting of the Connnittee of the Whole. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned. READ AND ADOPTED, % :lerk Mayor NINTH MEETING Committee Room No. March 17, 1975. COI~IITTEE OF THE WHOLE Council met in Committee of the Whole on Monday, March 17th, 1975, at 6:45 p.m. All Members of Council were present with the exception of Aldermen Thomson, Orr and Stewart. Alderman Wallace presided as Chairman. Following consideration of the items presented, it was moved by Alderman Mann, Committee the Whole arise without reporting. seconded by Alderman Fern that the ~ READ AND ADOPTED, Mayor i 1 Council met on Monday, March 7, 973, at 7:40 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Thomson, Orr and Stewart. His Worship Mayor George Bukator presided as Chairman. Alderman Michael offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the minutes of the Council Meetings held on March 3rd and March 10th, 1975, be adopted as .printed. UNFINISHED BUSINESS RAILWAY RE-LOCATION IN NIAGARA FALLS No. 337 - City Manager - Railway Relocation in the City of Niagara Falls. Report of a- meeting in Ottawa with representatives of the Federal Government, submitting a copy of a brief prepared by the Chamber of Commerce and a copy of The Railway Relocation and Crossing Act Explanatory Notes for Bill C-27; suggesting no further action by the City until the regulations and procedures have been established; reconlnending that the report be received and filed and a copy forwarded to Regional authorities. No. 482 - City Manager - Railway Relocation. Recommending the passinS of Resolution No,. 128, 129 and 130, (a) stating that the City is most interested in participating in the legislation provided in Bill C-27 and requesting Provincial and Federal support of the undertaking (b) requesting the Regional Municipality of Niagara to endorse this proposal and provide support both from a financial and staff pqint of view and (c) that a committee be forulated to assist the City and the Region in ~rocessing various studies required to effect a railway relocation for'the-City bf Niagara Falls. No. 110 - City Manager - Advising that e'onfirmation has been received that representatives of the Province of Ontario, the Federal Government and the Regional Municipality of Niagara will be available when suitable msetinSs are requested; that the Planning Department is gathering information to be incorporated in a "Project Justification report". Recommending that the Report be received and filed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Harrigan, that the Report be received, contents noted, and filed. SCREENING ON NORTH SIDE OF JACK BELL ARENA PLAYING SURFACE L Report No. 111 - City Manager - Recommending that the quotation of Canadian Pittsburg for the provision of plexiglass sheeting, standards and hardware at the Jack Bell Arena be accepted at the quoted price of $2,892.00. ORDERED on the motion of Aldermen Crows, seconded by Aldermsn Fern, that the report be received, adopted, and the quotation of Canadian Pittsburg be accepted. GUIDELINES - CONFLICT OF INTEREST MAI'A'~RS Communication No. 21 - The Re2ional Municipality of Waterloo - submission of Regional Chairman's report entitled "Conflict of Interest Guidelines for Regional Employees". approved by the Regional Council of the Municipality of Waterloo on January 23, 1975. The City Clerk read the six guidelines set by the Municipality of Waterloo and a full discussion ensued. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan that the City Manager and City Solicitor, using the Waterloo legislation as a guide, draft a set of Municipal 8uidelines, notify the Regional Municipality of Niagara of their intentions, -2- Unfinished Business (cont'd) and bring back the draft guidelines to this Council for approval. REPORTS 112 - City Clerk - Report of the Council Committee Bell Canada Installations - Summer of 1975 - A report from the City Manager referred to a request of Bell Canada to carry on installations on certain roadways during the tourist season, 1975. Further discussions were held with Bell Canada representatives and the request was revised to allowwork on Victoria Avenue bet~een McRae St. and Ferguson St. until June 27, 1975. Work will then cease until September 10, 1975. Recommendation: That the revised request of Bell Canada be approved by Council and the Regional Municipality of Niagara be requested to endorse the proposal. 2, Overstzin~ of Watermains in Connection with Commercial & Industrial Developments A report of the City Manager outlined the policy presently in force in the City with regard to the oversizing of watermains for residential subdivision develop- ments, and pointing out that the City does not have a similar policy for the over- 'sizing of watermains in commercial and industrial developments consistent with that for residential developments. Recommendation: .That the following policy be adopted relative to the oversizing of watermains in commercial and industrial developments: (1) Where it is necessary to oversize a watermain in conjunction with a commercial or industrial development to provide for adjacent lands beyond the development in question, the City shall pay the cost of oversizing. The developer shall be responsible for paying the entire cost of the watermain up to and including eight inches (8") in diameter and all applicable appurtenances. Where cost shoring is required, the City shall have the final say in determining the apportionment of costs. (2) The City's share of the oversizing of watermains in connection with com,~rcial development is to be paid out from the fund collected under By-law 73-267. (3) An amount of $30,000.00 shall be provided in the Water Supply System Operating Budget on an annual basis for the next five years. The said amount is to be used by the City to oversize watermains in connection with industrial developments. The uncommitted funds from each year's OperatinS Budget are to be put into a reserve and addumulated for future use. 3, Illumination of the Sodom Road - Queen Elizabeth Way Interchange A report of the City Manager, along with attached reports received from the Regional Municipality of Niagara, regarding the illumination of interchanses, stated that while this intersection does not meet the criteria established by the Region for the illumination of interchanges, they have agreed to assume one-half of the City's - share in accordance with their revised policy for lighting. This policy will provide that of the estimated cost, $14,000 will be assumed by the M.T.C., $7,000 by the Region, and $7,000 by the City of Niagara Falls. In addition the City will be responsible for all maintenance. Reco~nendation: That the Regional Municipality of Niagara be informed that the City is in fayour of the illumination of the Sodom Road-~ueen Elizabeth Way interchange, as outlined in Report D.E. 2900, and this Muni- cipality is prepared to assume the estimated cost of $7,000 for this work. 4. Municipal Elections A questionnaire circulated by the A.M.O. requested a municipal consensus on the the following subjects: the municipal election date; the date new Council should assume office following election; term of office for municipal councils, and municipal fiscal year-end. Recommendation: That the Council of the City of Niagara Falls indicate that they are not in favour of any changes to either the municipal election date or the municipal fiscal year at the present time. ORDERED on the motion of AldermanMann, seconded by Alderman'Core, that the the report of the Council. Committee be received and Council ratify ~e recommendations, The motion Carried unanimously with respect to items 1, 2, and 3. Alderman Fera indicated he was opposed to the rec~,m~ndation in Item 4. Report No. 113 -.Plamning & Development Committee - Re: AM-~J~/74 Gulf 0il Ltd. , Part Lot 178, South-west corner Dorchester and McLeod Roads. This application is for a change in zoning for a parcel of land within Part Twp. Lot 178 at the south- '~qest corner of Dorchester and McLeod Roads to permit the erection of a self-serve gas bar. A sketch of the proposed gas bar was provided for Council's assistance. ~ Mr. A. F. Sheppard was present to represent the Gulf Oil Company and a number of ~ residents of the area artended the meetir~ to express their views. Mr. Sheppard i was granted permission to address Council on the motion of Alderman Smeaton, se- conded by Alderman Mann. Mr. Shoppard requested Council to reverse the decision of the Planning and Development Comittee and approve of the application. He men- .. · tiened that while the zoning at the corner was. for the m~st part Single-Family Kesidential, .it was doubtful if a single family residence would ever be built there. , }it. Shoppard mentioned that immediately behind the corner property there was an area [' zoned for industrial use. and he pointed out that the. residents could be faced with .r - the construction of an obnoxious type of industry, as the City ~ould be obliged to · - issue a permit. Gulf 0il have ~ndicated their willingness to close three or four service stations in Niagara Falls in exchange for permission to construct the sub- 'ject gas bar, and in addition were prepared to enter into a site plan-agreement ~ith the Municipality. Mr, Shoppard stated that the proposal would not increase the traffic flow on McLeod Road and would eliminate the unsightly row housing at . the corner.' He advised, that a buffer zone would be created, in addition' to- land- .- scap'.z~g. on t~e property fu~nedintely to the south of the subject land, which will · -be-owned hy Gulf Oil. - It is proposed that a 16-unit per acre apartment block be -'developed on.this site.'- Mr. Shoppard stated'that while he was well aware of the 'i" "":-' Ontario Municipal' Board' s' concern for the individual residents, in .his judgment i4 ..t as long as a.-re-zoning preserves the a.~n_ities and characteristics' of' an area ,'i.' !- -- ""' 'Mr. Terrence Welch. representing the area residemrs, was granted permission ';i" to address Council on the motion of Alderman gchfsler~. seconded by Alderman Mann. He - · 8tated that the residents felt that the two gas stations presently lenated at this · ' intersection were quite Sufficient. · The ,eyeSore" referred to was on the property "when he and other residents purchased their-homes. hut they aesumad that ~n time the M . '.. row housins would be removed. .As far as-the Industrial zone to the south of the suh- :I' ' Ject property. the residents felt that no responsible'person would construct a building '~ ,-. or .engage in n 'bus~ness which was not acceptable to the 6ul-roondiug residents. The ~: -. resid~nts recognized some type of cuu~ercial enterprise would go in there and while .. ' they. would not oppose .the proposed apartment building complex~ they would definitely r'-. r. stand· together against the Eas. bar. installation. ' .~ " "' ' ' "' ' ·.. · :.restdents~ on the. motion of. Alderman l~nn, ~ecanded by Alderman. Smeaton, and con- ... curred.~lth.l~. Welch.'s statements. .~:- ...... -'. .... ~i.-' .' 1~. ' T. Go Sp~ncer,a lk~e~ repreSentin~ the~ present owner Of the property, '~ was aiso l~resent and was ~anted permission to address Council on the .motion of "de~nam Smea~on, seconded by Aldennan Mann. Mr. Spencer .~eiterated the cc~mnents of · fMr. Sheppard and etated that Council, in the final analysis must consider what is . - "" ~D~;~n th~ motion of Alderman Mann, seconded by Alderman Crews that the application Of Gulf '0il Limited he approved subject to the applicant entering into a site plan "agreemant to ~over both the site o~ the proposed ~as 'bar, the residential buffer .strip · for which an apartment huildin~ is proposed, and subject nlso to the elimination of the Gulf service etation 'at the' intersection of McLeod Road and Druuunond Road. The motion Carried with the fo~lowin~ vote: .A.YE: Aldermen 'Crc~a, Mann, Michael, Schisler, Puttick. · .NA~E: Alde~en gmeaton, Wallace, ~rrigan, Yera~ · Report No. ll~ ~ Plannin~'& Development Cou~aittee Re: AM 2/75 G. Rittmen, Pt., Lot ~, Plan 57, 6959 tundyts Lane. The City Clerk reported that !~ehad rece.~ved a request from the applicant to withdraw this item f~om tenightes agenda. · ORDERED on the motion of Alderman Mann, seconded by Alderman CroVe, that the report. he tabled for ~o weeks. . Report No. 115 - Planning &'Development. Co~nittee Re: A/,i 4/75 Niagara River Con- strutlion Ltd.; Pt. Lots 21, 22, 23, R.P. 49, 6609 Barker Street. The City Clerk . ~ indicated he had been advised that the applicant wished to have this item withdream from tonight's agenda. ', - .. ORDERED on the motion of Alderman Michael, seconded by Alderman Crowe, that the apple. careen be tabled for two weeks. '. Report No. llb - City Clerk -Re: Restricted Area By-law 74-256, to rezone a parcel ~, · land located south of McLeod Reed between Dorchester. Road· and Dru~unond Road from single family Residential to a use that would permit a plan of subdivision containing single family detached dwellings and semi-detached dwellings. As a result of circulatin~ the By-law to property owners within the 400' notification area, ohe letter of objection was received and forwarded to the Ontario Municipal Board with a request for a hearkE The Board has appointed Tuesday, April I5, 1975, at 11:00 a.m. in the City Mall CouncL~ Chambers for the hearing of all parties interested in supporting or opposing the ap- plication. The Report recommends that the date be noted and the report be received · and filed. ORDERED on the motion of Alderman Mann, seconded by Alderman C~owe, that the date of the hearing he noted and the report received and filed~ .... · Report No. 117:- Cit~ Manager - Re: Con~ent ApPlic. ation B-88~75 _ R.' Leveequa, re- questing permission to sever a parcel of one acre from a total parcel of 26.9 acres. The. Regional Land Division Committee granted a ceasefit to Mri'Levesque, despite the feet that the Com~ttee of Adjustment had denied two previoit~'~o~sent applications, in 'March .1971. The® Plannin~ Department has reviewed 'this decision ann recommends that the City Solicitor he authorized to' lodge an appeal 'against the decision of the' Re- ORDERED on the motion of Ald~na~ PuttickZ' sec0nd'e~ 'by ~laerm~n"~'~eato~' -he received and the City Solicitor be authorized to lodge an appeal against the decisi! ' of the Regional-Land Division C0-~!ttee with respect to Consent ApPlication B-88-75. 'Report No. 118 - City Manager - Re: Portage Road con~o~niumZ-Max-Fund'~i~ited; recommending preliminary approval of the proposed plan; subject to the following' · . 'conditions: (1) Cash payment in lien of the dedication of 5Z of the lands' for' park purposes. (~) That the developers ~nter' into an agreement ~ith the City concerning payment of services. etc~ (3) P~y~ent 'of taxes oh property~ Th~ Plannin~ Admtnistrat0~ answered several questions raised"b~ the' Aldermen~ par~icularly with' regard to' school '-. registration. stating that there'will he a' new school in the Heritage Homestead Sub- division ~hich will absorb additional 'studsfits. Mr, Van Belle'also' angered a questira with respect to road widening. stating that this is a ReSiona~ road and therefore road~ widenix~ is the responsibility ~f the Region. The Regional Municipality will also be co~nentin~ on this proposal and would have to advise the Prcn~iuc~ that' they want the · lO~foot strip. Reco~nendinE that the questio--~ire he r~turned to. the Ministry of ORDERED on the motion of' Alderman Ma~n,' sec~nded'~':Al~r~ Cro~a',' ~at"'~&e report ' adopted recommending prelimicary approval o~ the Max-Fund condomtntum application s.ubJect to the developer meatinE the requirements of the Region relative to road ...~lde. nix~s on Port. sEe Road and Thorold Stone Roads..w, .-.=....~ ::.. . · - , . . RepOr~ No~ 119"= Cit~} Manager;. RaoommendiuX approval of hi~ ~laxs ~or'the following projects: "l~kop~sSd Flower and Gift Shop Five-O Holdings l~td~ ;' ~547"Portage Rd., AH 2.~/7~,; ·Proposed Utility Shed, Senior Citizens Apart~nents Allanthus Averace Abi-l:,;,: AM 38/7~; Proposed Pizzeria, R. Pelose, ~orth-eaSt corner'~£'Kitchene~ ~ Buchanan, ' Proposed 52-Unit To~nhous~, Corald Developments Dunn Street "-h t- · eve ... . . . . pp . d as recen~ad. '.' ' ' · '. -- - (Alderman Michael returned to the meeting a~ this ·point) Report No. 120 - Chairman, Recreation Co~mission Of Niagara Falls - Re: A~pointments to the three newly formed Area Recreation Boards, and requesting the appointment of one aldermenlo representative. to each of the three :Boards;'terms of referen6~' being · attached to the Report. 'Alderman Puttick suggested ~hat in the terms' of reference the · ~ordinS be amended.as f-llows: t:lq~e A~'ea llccreation Boards will not incu~ any debt, · of the Recreation Commission and the City Council." .' .... ' · ORDERED on the motion of Alderman Mann, seconded by Alderman Schtsler that the report · be ~eceived and adopted, including the appointment of Alderman Fern to the Niagara Central Recreation Board, Alderman httick to the Niagara Northwest Recreatio.n Board and Alderman Mann to the Niagara .South Recreation· Board. Report No. 121- Chairman, Niagara Falls Recreation Commission - Re: Fern Park Proposed Creative Playground - presentalien of a prototype of the proposed playground for Council's examination and reco~unending that the master plan and the creative model of the playground be approved and that City staff work with the Fern Park Recreation Committee to develop this creative playground. Alderman Wallace observed that he would be pleased to move that the Connission~:s recommendations be adopted and praised the residents of the area for their obvious interest in community affairs. Mr. Perkin, Chairman of the Niagara Falls Recreation Commission introduced members of the Fern Park Recreation Committee, Mr. Robert Blanchfield, Joseph Hvilivitsky, Chester Murawski and son, Danny, and John Goyetche, who have spent much time and effort in support of this project and in preparing the model displayed at this meeting. ORDERED on the motion of Alderman Wallace, seconded by Alderman Crowe, that the Report be received and the recommendations of the Recreation Commission be adopted. Report No. 122 - City Manager - Re:Innovative Playground at Fern Avenue Park - Recom- mending that the City Manager be authorized to take all necessary steps in conjunction with the Fern Park Neighbourhood Committee, to establish a creative playground at Fern Park and that $5,000 of the $10,000 reserved from the 1974 Operating Budget be made available for this purpose. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann, that the Repo~t~ be received and the recommendations adopted. Report No. 123 - City Manager - Re: Construction By-laws for Glenview area Neighbout- hood Improvement Program and Reconstruction of Ferguson Street from Victoria Avenue to Terrace Avenue. Alderman Puttick inquired as to the total amount provided by the Government for N.I.P. use. The City Manager replied that an amount of $910,000 is being provided by the Province, the City's share is $630,000 of which $340,000 will be utilized in the Glenview area and $290,000 in the Woodbine area, over a three year programme. Recommending that the two construction by-laws relevant to this report, which appear on tonight's ageads, be given two readings. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crowe, that the Report be received and the recommendations adopted. Report No. 124 - City Manager - Re: Easement Agreement with Ontario Hydro for the sewers required in connection with the ~onroe Subdivision. Advising that the design of the storm and sanitary sewers in the Monroe Subdivision is such that we will re- quire a 20' easement across Ontario Hydro lands, we have obtained an easement agree- meet from Ontario Hydro for our execution. The terms of the agreement have been re- viewed and they are standard Hydro easement conditions. Ontario Mydro has also re- quested a consideration for the easement in the amount of $192.00, which amount has been paid by the subdivider in accordance with an ~xisting agreement. It is recom- mended that His Worship, Mayor George Bukator and the City Clerk be authorized to execute the easement agreement for this project. The relevant by-law appears on tonight's ageads also. ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler, that the Report be received and the recomm~ndations adopted. Note: Alderman Fern declared a c~nfli~t of interest and abstained from voting. Report No. 125 - City Manager - Re: Sale of Lot 15, Falls Industrial Park. Advising of a request to purchase the subject Lot by Hans and Hotel Peglow of Niagara Falls. It is their intention to set up two operations in their new building, H and H. En- gravers which will manufacture custom signs and do engraving work,and P K Draperies which will manufacture custom draperies. The initial building will be 2,400 square feet with expansion expected in a short time to 4,200 square feet. Recommending that Council authorize the sale of Lot 15 to Messrs. Herst and Hans Peglow at a cost of $7,280. for the 1.04-acre site, and further recmending that the City Solicitor be authorized to prepare the necessary documents for this transaction. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crows, that the Report be received and the recommendations be adopted, .. ., .'-. Report No. 126 - City Mana2er - Re: Sale of Lots 53 and 54 - Falls Industrial Park. Advising.that Mr. Priesemoth, acting through Mr. John Matthews, has indicated he wishes to purchase Lots 53 and 5~ in the Industrial Park on the north side of Pro- Sress Street at the corner of Kister Road, .for the purpose of constructing a building of at least 20,O00aquare feet for .the manufacture of electr, ical-products,. Recommending that Council authorize the sale.of Lots 53 and 54 on the north side of Progress Street at the corner of Kister .ROad te Nr.. Wolfgang Herbert Priesemuth. The area of the two lots totals 6.0~ acres and the sale price ate,S7,000 per acre will be $42,280. Recom- mendinS that the City Solicitor be authorized to prepare the necessary documents for the sale of these lands. ORDERED on the motion of Alderman Crows, seconded by Alderman Puttick, t~at the Report be received and the recous~endations be adopted; and that Mr. Hofmenn be sent a letter of thanks by City staff for his assistance in this transaction. -6- Report No. 127 - Cit~nManager'~ Falls-ViewFirehall - Reporting that the new MeLted Road fireball has reached a construction stage which includes the placing of the roof and under normal conditions it should be completed by the end of May, 1975. As a re- sult, the old Falls View Fireball located on Dunn Street would no longer be required as a fireball. The report requests permission from Council to call tenders for the sale of the property, preferably soma time in the middle of April. Alderman Smaaton reported he had received a call over the weekend from the Falls View Nose Brigade indicating that in April 1938 that organization had donated the land to the former Township of Stamford. They wished to make sure that Council was fully aware that they had donated the land and are concerned that the land will be put to good use. Alderman Smeaton pointed out that the Falls View Hose Brigade are making a considerabh contribution to recreation in the City at this time, by sponsoring minor baseball and hockey teams, and deserve Council's consideration in this instance. Mr. Ronald Zupan was present to represent the Brigade and on the motion of Alderman Smeaton, seconded by Alderman Wallace, was permitted to address Council. Mr, Zupan asked if the propert~a could be turned back to the Brigade. Alderman Mann noted that the Chippaws Lions lease certain facilities in Chippaws for $1.00 per year and suggested that a similar arrangement could be made with the Falls View Hose Brigade. Aldet~nan Smeaton re- quested that a report be brought in by the City Manager giving an outline of the possible arrangements which could be made with the Brigade and the City, and any additional information regarding the ~alue of the property, buildings, etc. Alderman Wallace'-s~ggested that the Fire Brigade could bring in a full report on ~heir plans for this property and what the costs might be, pointing out that the appraised value should not be mentioned ins public report. Alderman Schisler noted that the Recreation Commission should be consulted in this matter. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace, that a further report dealing with all facets of this subject be brought to Council to enable Council to make a decision. Report No. 128 - City Manager - 1975 Neighbourhood Improvement Program - For in- formation of Council, and attaching latest correspondence received from the Minister of Housing. Council to be notified as soon as mere detailed information is received. ORDERED ',On the marion of Alderman Michael, seconded by Alderman Fare, that the Report be received and filed. Report No. 129 - City Manager - Street Lighting on Portage Road between McLeod Road and Buchanan Avenue. Reco...ending that $12,000 be included in the 1975 street lighting budget for the erection of street lights on Portage Road be- tween McLeod and Buchanan Avenue. Alderman Mann inquired of the Project Engineer as to the accident rate on this strip of roadway. Mr. Lamb replied that while no accident statistics have been received, the accident rate would vary depending on the time of year as the forming of ice on the road would be an important factor. ORDERED on the motion of Alderman Mann, seconded by ,Alderman Puttick, that this matter be referred to the 1975 Budget discussions, and that a report be brought to Council re the accident rate on this particular roadway. Report No. 130 - City Manager- Traffic Control Signals, Queen Street. Recomoending that the City Manager be authorized to take the necessary steps to have traffic con- trol siSrmls erected at the intersection of Queen Street and St. Lawrence Avenue and that an ameunt of $10,500 be included in the 1975 Budget for this purpose. · ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that this matter be referred to the 1975 Budget discussions. Report No. 131 - Ctty Nanager . Chippaws Library Parking Lot. Recommending that the by-law controlling parking on the Chippawa Library lot be amended to provide for a maximum time period of two hours as the Present'period of one.hou~ is too short · for the purpose of many library patrons. OlDBRED on the motion of Alderman Crows, seconded by Alderman Fete, that the report be received and the recommendation be adopted. Report No. 132 - City Nanaaer . Former Assessment Office Area, First Floor City Hall. ,,,Race-mending that the former assessment office area be designated as the office area for the Building Division and that the above changes be approved by Council. Alder- man. Mann inquired as to the. Possibility of brin~in8 the'B.l.C. Committee: in teLCity ilall to occupy some of the vacant apace in the' former'assesSment.office. It was · }ointad out that the Building Department is badly in:need of mere workin~ space and · here would. not be room for the B.I~C.'Departmant as'well'. ORNRMD on the marion ofAldermanMann, seconded by Aideman Puttick that this report be tabled until a report can be brouSht in to Council on the feasibility otha~ixl8 the B.I.G. 2}epartment . utilize space at City Hall. · ,- Report No. 133'- City Manager - Re: Appointments to Downtown and Main & Ferry Busi- · ~ -hess Improvement Areas and amendments to By-laws 72-179 and 73-228, to provide ~ that one of the seven members of' the Board of Management for each area be a member ~ Of-Council, and recommending that the By-laws appearing under the appropriate heading be passed to amend By-law 72-179 and By-law 73-228. ORDERED on the motion of Alderman Wallace, seconded by Alderman Fare, that the Report · ^ be received and-the recomr~ndations adopted. - - ~- Report No. 134 - Loa~ Review Committee: Re: applications received under The Ontario ' Home Renewal Programme and recommending Council's approval of said applications. · ~ ORDERED on the motion of Alderman Mann 'and seconded by Alderman Crows, that the · Rapetribe received and the recommendation approved. Report No. 135 - City Manager - City Float - 1975 Schedule. Submitting a schedule of appearances for the City Float for the year 1975 and recomlnending that the Float be authorized to participate in the 1975 Miss U.S.A. Pageant Parade to be held in Niagara Falls New York. ' ' ' ORDERED on the marion of Alderman Mann, seconded by Aldermen Michael, 'that the Report be received and 'the recommendation adopted. ~ .... ~ Report No. 136 ' City Manager - RaY Construction By-law for storm sewer on 0ekes .... Drive.· Recommending that~ the construction byelaw on lonight's ageride for th~ Oakes Drive Storm Sewer be given two readings. ~ ORDERED on the marion of Alderman. Wallace. seconded b~ Alderma~ Crop_e,' t~at .the Report be received and the recommendation adopted. ' leport No'~ 137'- City Manager '-' Ontario GoOd Roads Association C0oventio~ - Being a report on the attendance by City Engineering Officials at the Ontario 'Good Roads Convention held in Toronto from February 24 to 26, 1975. ~ "ORDERED on the metiOn of Alderman Mann, seconded by Alderman Puttick, that the 'Report be received and' filed. -. -- -Report No.-138 - City Manager - Re: Ontario Municipal PerSonnel Association Sprkng -- .}Yorkshop. Advising that this, Workshop will be held in Kingston, Ontario,' owlApril - .! 3rd .and 4th, 1975, -and recommending that the Personnel Officer be authorized to at- ·tend thi~ Workshop, funds for which will be provided in the 1975 Operating Budget. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace, that the Report be received and the recommendation adopted. The motion ~arried with the' ' .- following vote: AYE: A14ermen Crows, Fare, Schisler, Smaaton, Wa,llace.' -.. jNAYE:. A. ldermen 4{arrigan, Mann, 'Michael, .Puttick. . "Report 'No. 139 - City Manager - Re: Ontario Municipal Fire Prevention Officers Annual C, onfe~ence.~Advising that ~.this ~on.ference will {eke place in North Bay, Ontario, ~rom :- ^ ~April-23rd to '25th,. 1975and reco~w,ending that John Simon, Chief of the Fire PreVention · Bureau be autlioriz.ed to attend. Funds will be provided in ,the' 1975 Operating Budget for this purpose. ~ :-ORDERED-on .the motion of, Aldermam Schisler, seconded. b~.Alderma~.Wallaae,.,that-'the >" report be r.ecei. ved and-~he] recommendat~inn adopted. - Repo~t No. 140 - City Manager - Re: "Anderson"· & '~4ahoney SchOol'.' Road Scho01~ - -Edv~si~. that the Ontario Good Roads 'Associati. on is sponsoring two road scho.ols to be held at the University of Guelph from May 4th through 7th this year and recom- · -'-mending that the newly appointed Assistant Streets Superintendent 'and .the EqUipment ~ -. Forema.n ,be authorized by- Gouncil ~o .attend respectively the '~4ahoney" and the- "Anderson School". AI/expenses incurred in 'attending the. schools are .Bubsidiz~d Ministry of Transportation and C~unieations. ~- -, ORDERED on. the marion of. Alderman Schisler, seconded by Alderman Wallace, that the ." 'repOrt 'be 'received and the recommendation adopted. Report No. 141 - City Maneact - Re: 'joint Annual Conference for Ontario Municipal -. ~Water Association, Pollution Control, Association of, Ontario,~ and' American Water Works Association (Ontario Division). Rec~;-.~-ndin~ that:-thIee roeabets of the EnSineering · 8tail and one member of Council be authorized to attend this most worthwile conference, which witl be held- in- Toront~ from Ap=i-1-2Oth. to April 23rd, i~elusive~ "~"' ..'" ' ORDBRED on the motion of. Alderman .Mann, secendedb~ Alderman, 8meaten, that the Report be received and that two members of the En~ineering Staff and one member of Council Report No. 142 - City b~auager - Presenting a schedule of tenders for the rental of general~ purpose equipment and reco~nendtng that the schedules be used starting with the economi- cally lowest rate for equipment available and suitable, when required for City operations. ORDERlED on the motion of Alderman Schisler, seconded by Alderman Wallaces that the Report be received and the recomendation adopted. Report No. 143 - City Manager - Re: Fire Department Shirt Tender - Advising that due to an error in transposing his figures, Mr. Vince Audibert of Vince Audibert Men's Fashions, wished to withdraw his original submission of tender and have the corrected tender con- sidered, and reck.--ending that the next low tender by Fishmenss Men~s shop be accepted. ClOtBRED on the motion of AldeEnan Putticks seconded by Alderman Wallace, that the Report be received and the rec~nn~endation be adopted. The motion earTied with the-following vote: AYE: Aldermen Crowe, Fete, Schisler, Smeaton, Wallace, Maxms Michael, Puttick. NAYE; Alderman Harrig~n Report No. 144 - City Manager - Re: Fire Department UniformTender - Reco.w.~nding acceptance of the followin~ bids: Complete Uniforms - S~tnthill Levine $9,923.78 Ties -Vince Audibert $ 254.23 PermaPress Trousers -Vince Audibert - $1,010.40 ORDERED on the motion of Aldernmn Michael, seconded by AldeEnan Fare, that the Report be r~ceived and the reconnendation be adopted. Report No. 14~ - City Manager - Advisin~ ~Uft Building Permits issued for the month of FebruaxT, 1975. ORDERED on the motion of Alderman Schtsler, seconded by Alderman Crowe, that the Report be received and filed. Report No. 146 - City Clerk - Advisory Report. The report recommends approval of the operation of a beer tent at the Chippawa Lions Club annual carnival, subject to the usual conditions; also recomending approval of the use of Stamford Green by Stamford Centre Volunteer Firemenss Association for their annual camlye1, June llth to June 14th, 1975; that-the week of June 24th to July 'lst, 1975, be proclaimed t.~Canada .Week"; submittina~ a letter fro~ the Niagara Frontier Humane Society explaining a complaint reported at the ,February 17~h ~ounciI Meeting. ORDERED on She motion of Alderman ~ton, ~seconded by Aldennan Wallace, be received, and..fried,,. '- Report No. 147 - City Clerk .- Recon~uending approval o~ Municipal Licex~ceg. ORDERED on the motion of Alderman Schisler, seconded by 'Alderman, ~rawe, 'that the report be received and adopted and licenoes granted. ~" ORDERED on the' motion of Alderman ~meaton, seconded'~y Alderman Puttick that the report ;-4~e receivedr~xnd ~d~peed. · ' ~' '-vav~ - .[.' 'v n . - .... ~-. .~.~. -. -.~ ~ Report No.. 449-.~, Cit~ Maneset ~ Re:~antal- Equipment fOr[ Lan~filI Site -u Niagara Falls. ORDERED on the motion of Alderman 8me~_ton, ~econded ~ff'Al~ek~mn Schiller, %hat ~he report be tabled. ~.. .. ~I~ · ~ - I.~.. , ....... ~^ ~' ~ ^' ~ ' " RESOLUTION q',~I.' ~ . . - . : u ... . -.. . ~ ... NOb 2~ - MANN - CRC~E --Resolved ~bat the next Fa~ular M~ettx~'-of City 'Council be~ held ~n Tuesday, Apri-1 ~st, 1975, eal ~f ,the Carporations.he ~ "' ~"" In~ -'ff~' n~i' -' 'r' ~-~ .~.~.-~. .- ~ ' ~' f' :~ ~"'~ CARRIED UNANIMOUSLy BY -LAWS ORDERED, 'on them orion. of' Aldar~aw Mann, seeohded>'by 'Aldennan' ~allece, tha~' ~he 'following By-laws be' given ~ third readin~ :"' -' . , . . No. 74-227 ~,: A' By-law to]iu~ho=ize the ~eC~nstruetioh No. 74~228 A By-law to authorize the reconstruction of'Mo~ison~St=eet.<from' n.' - Cryslat Avenue to Erie Avenue. Carried Unanimously -9- BY-LAWS continued ....... ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the following By-laws be introduced and given a first reading: Ngwi75-37 To authorize the acquisition and clearance of land in the Glenview Redevelopmerit Area. No. 75-38 To authorize the construction of certain works in the Glenview Redevelopmerit.Area-of the City. No. 75-39 No. 75-40 To authorize the. construction of a storm sewermain as an improvement and extension to the sewaEe system in the Urban Service Areas of the City. To authorize the reconstruction of Ferguson Street from Victoria Avenue to Terrace Avenue. - Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the followingby-laws be given a second reading: No. 75-37 To authorize the acquisition and clearance of-land in the Glenview Redevelopment Area. No. 75-38 To authorize the construction of certain works in the Glenview. Redevelopment Area of the City. No. 75-39 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. No. 75-40 To authorize the reconstruction of Ferguson Street fromVictoria Avenue to Terrace Avenue Carried UnanimoUSly ORDERED ~n the motion of Alderman Schisler, seconded by Alderman Crowe, that the following by-laws be given a' first reading: Np~ 75-33 No. 75-41 To amend By-laws No.'s 2350, 1959 and 2530, 1960 of the former Twp.'of Stamford (Klydel HQldings) To authorize the sale of land in the Falls Industrial Park ...... · No. 75-42 To authorize a subdivision a~reement with B.E.N.-Development Ltd. Carried Unanimousl_Z No. 7-5-43 -To authorize the execution of a grant-of easement from Ontario Hydro for a walkway-and sanitary and storm sewer~ains. Note:. Alderman Fete-declared a conflict of interest and abstained from voting. , - Carrie~.: .. No~ 75-44-To adopt an identification symbol for the City.of Niagara Falls. The motion to approve first readin~.of.By,-law 75-~4 Carried with the following vote: AYE: Aldermen Crows, Fete, Mann, Harridan, Smeaton, Schisler, Michael. NAYE: Aldermen Puttick, Wallace. No.~75-~5 A by-law in respect to the Board of ManaSement for the Main and Ferry · . Business Improvement. Area. No. 7~-46 A By-law in respect to the Board of ManaSement for the Downtown Business Improvement Area. No. 75-47 To authorize'au~aSreement with Gordon-Arthur OsBrien, , No. J5-48 To provide moni~s.,for Saner.l-purposes....-, . -. ...... ,. ., Carried Unanimously. - 10 - BY-LAWS continued**... ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the following By-laws be read a second and third time: To ~meud By-laws No's. 2350, 1959 and 2530, 1960 of the former Twp. of Stamford (Klydel Holdings) No. 75-41 - To authorize the sale of laud in the Falls Industrial Park No. 75-42 No. 75-43 No. 75-44 No. 75-45 No. 75746 - To authorize a subdivision agre~,~nt with B.E.N. Developments Ltd. Carried Unenimeusly - To authorize th~rexecution of a grant of easement from Ontario Hydro for a w~lkway and sanitary and storm sewermains. ~efie: Alderman Fera declared a conflict of interest & abstained from voti~. Carried - To adopt an identification symbol for the City of Niagara Falls. The metion to approve second and third reading of By-law No. 75-44 Carried with the following vote: .AYE: Aldermen Crows, Fete, Mann, Harrigan,-Smeaton, Schisler, Michael. ~YE: Aldermen Wallace, Puttick. A by-law in respect to the Board of Management for the Main and Ferry Business Improvement Area.. ' A by-law in respect to the Board of Management' for the Downtown Business Improvement Area. ' - · No. 75-47 -' ~o authorize an agreement with ~ordnn Arthur 0 sBrien. No. 75-48 - To provide monies for general purposes. Carried Unanimously. NEW BUSINESS - -' BAIL REFOR~I ACT Mayor George Bukator reported that he had met with Hon. John Clement with respect to ~endments to The Bail ReformAct and would be submitting a written report on this matter sometime in April. - - OLD BUCI~ERSCHOOL - Former Township of Crowland Alderman Schisler brought to the attention of Council that the old Bucknet School in the fo~ner Township of Crewland had been demolished by City forces. He recugnized that the building was in poor cenditian, but he felt that it would be proper for staff to make the Council aware of any pending demolitions before the work is actually carried out. He reminded members of Council that people in the Crowland area had expressed a desire to retain the building as a museum, particularly because of its h~storical significance. A full report on this particular demolition will be sub- mitted to Council at a future meetix~. RBFO~T!ON'FII~DEpAI~I~ENT INSPECTIONS invoice received by the City relative F by the owner awaiting an inspection of a building by Fire Depart~nent authorities. The City Manager indicated that he was aware that the City had received an invoice and that the matter was being checked. ICY ROADS " AldermanMichael indicated'thg~e~ad be~n c~n~laluts'conee~ning.the,toy condition.of Portage Road in the vicinity of the Paemsonic Tower. The City Engineer stated in reply that the City is aware of this situation and. agreed that in undertaking sanding opera- tions this area warrants high priority. SOCIETY - 11 - ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crowe that the meeting adjourn to Co~,,~ttee of the Whole. / - Mayor \ CO1,4ITTEE OF TNE I~IOLE Comtttee Room No. 1 March 17, 1975. Council met in Committee of theWhole on Monday, March 17, 1975, following the regular meeting. All members of Council were present with the exception of Aldermen Thomson, Orr and Stewart. Alder~t-n HerrlEan acted as Chairman. Foliowing consideration of the it~ presented it was moved by Alderman Mann, seconded by Alderman Schisler that the Counnittee of theWhole rise without reporting. Mayor TENTH MEETING SPECIAL MEETING Council Chambers March 24, 1975. Following a meeting of the Council Conmittee held on Monday, March 24, 1975, Council reconvened in formal session on the motion of Alderman Smeaton, seconded by Alderman Schisler. All members of Council were present, with the exception of Aldermen Harrigan, Thomson, Orr, and Wallace. His Worship Mayor George Bukator presided as Chairman. RESOLUTIONS No. 27 - SCHISLER - SMEATON - RESOLVED that the Statement of proposed Expenditures for Public Transportation and Highway Improvements for the year 1975 dated March 24, 1975, be adopted as presented, in the total estimated cost of $3,690,000.00 with an estimated subsidy cost of $1,235,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously N0. 28 - SCHISLER - STEWART - RESOLVED that the Statement of proposed supplementary expenditures for Public Transportation and Highway Improvements for the year 1975 dated March 24, 1975, be adopted as presented in the total estimated amount of $783,900.00 with an estimated subsidy cost of $319,400.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously · BY-LAW No. 75-49 - A by-law to authorize the acquisition of land for the purpose of a housing project. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael that leave be granted to introduce the By-law and the By-law be given a first re~ding. Alderman Crows declared a conflict of interest and abstained from voting. Carried ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera that the By-law be now given a second and third reading. Alderman Crows declared a conflict of interest and abstained from voting. Carried NEW BUSINESS RECREATION C01~ISSION BUI~ET Alderman Puttick asked'~or ClArification of the facts with respect to the Recreation Commission'e Budget. He indicated he had inquired before Christmas, 1974, as to whether they were within their budget and understood they were right on. He stated that they now appear to be 1% over 1974, and pointed out that if any Body or Com- mission is over its budget, the fact should be brought to Council's attention. Alderman Mann observed that it was a request of the Minor Hockey Association for a grant of $6,000 (which Council authorized) that had placed the Recreation Commission over its budget. COST OF OPERATING FOUR ARENAS IN THE OFF-SEASON Alderman Puttick referred to an item in the minutes of the March llth meeting of the Recreation Commission regarding the rental rates charBed for the summer use of the four co~munity arenas. Alderman Puttick pointed out that the Recreation Com- mission does not have the authority to change any rate, etc., that has been set by By-law. The proper procedure would be to refer this to Council and have Council pass a resolution to have staff look into it. Mr. Price agreed that the rates are set. ky,Council,.and are-~gt pert of the ReCreation CommiS.sion'S ~UB~OB. -2 - NEW BUSINESS - continued .... SENIOR CITIZENS Alderman Puttick reported that he had Just become aware of the fact that the rent for the use of St. Andrew's United Church by the Senior Citizens' Association is $500 per month. He suggested that it might be possible to find some other facility for this use, possibly Kitehonor Street School, or it might be well to approach Miss Van Slyke at the Public Library to determine if it might be arranged for them to use the second floor room at the Public Library. Mr. Price explained that it had been estimated that $50,000 to $100,000 would have to be spent on Kitehonor Street School to renovate it for this type of use. PURL"PAgE OF MISSION OF ST. JUDE PROPERTY - PARK STREET Alderman Puttick indicated that at the last meeting of the Mayor's Coum~ittee on Housing (March 19th), he made a suggestion regarding the property on Park Street to the Planning Administrator, to the effect that Mr. Hutchcon be asked not to purchase any land in the City, or to hand in his resignation. Mr. Puttick stated that he did not anyone on staff in a position of Urban Renewal Co-ordinator saying to this Council"'Buy this property or buy that property~ Alderman Puttick indi- .cared his point was that we must not permit a member of City staff to act in this manner. Alderman Smeaton stated he felt Council should have a full report on this for further consideration. Alderman Puttick remarked that, hopefully, the report on conflict of interest would not be too long delayed and stated that articles such as the one appearins in the Review this evening on St. Jude's Mission certainly cast doubt on Council's knowledge of City affairs. Alderman Smeaton quoted from the news- paper article, which referred to a matting artended by Mr. Hutchcon, Mr. Price and Andy Lamb, along with the Board of Directors of the Mission, when acquisition of the property was discussed. Mr. Price stated that he had not met with the Board of Di- rectors, but had met with Rev. Wicks singly. Alderman Smeaton noted that the possi- bility of a man's resignation was involved here and the matter should be thoroughly investigated. Alderman Puttick requested that Council be provided with a full re- port by next week, said report to include a specific explanation of whether the meeting referred to did actually take place and the names of those who were present. Mr. Price noted that most of the members of staff have had approximately twenty years' experience and not one of them has ever been accused of any lack of integrity. Alder- man Fera stated that he agreed 100%, but added '~e are playing up to the newspaper, which loves this type of thing." ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that a full report be submitted to Council as soon as possible. The motion Carried Unanimously. -3- Committee Room No. 1 March 24, 1975. The Council met in open session following a meeting of the Con~nittee of the Whole held on Monday, March 24, 1975. All Members of Council were pre- sent. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned. ..... Mayor O~DERED on the motion of Alderman Mann, seconded by Alderman Crows that the meeting adjourn to Committee of the Whole..~&& ' aa. Clerk ............ ~ .9 Mayor WPDLE Committee Room No. 1 March 24, 1975. Council met in Committee of thaW hole on Monday, March 24, 1975, following a special meeting of Council. All MemSers of Council were present with the except ion of Aldermen Fmrrigan, Thomson, Orr, and Wallace. Aldermen Mann presided as Chairman. Following consideration of the item presented. it was moved by Alderman Puttick, seconded by Alderman Smeaton, that the~%o~s,i~tee of the Whole arise without reporting to Council. , ' a, Mayor ELEVENTH MEETING Council Meeting, April 1, 1975. REGULAR MEETING Council met on Tuesday, April 1, 1975, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Harrtgan and Alderman Michael. His Worship Mayor George Bukator presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the minutes of a regular meeting held on March 17, 1975 be adopted as printed and the minutes of a special meeting held March 24, 1975 be approved with the deletion of the sentence '~r.Van Belle stated that an apartment building would not be going up on this site." on Page 2, Lines 17 and 18 and a correction on Page 2, Line 29 to indicate that Alderman Smeaton had stated "the possibility of a man's resignation was involved" in respect to the discuss ion regarding the Mission of St.Jude property. UNFINISHED BUSINESS RENTAL EQUIPMENT FOR LANDFILL SITE Report No.150 - City Manager - Re: Rental Equipment for Landfill Site. Referring tb a report submitted to the Council Committee on March 24, 1975 which recommended acceptance of the tender by Alcopa Construction at $17.00 per hour for a front end loader and $17.00 per hour for a dozer. The report comments on the statements of Mr.F.Susin, the next lowest tendeter for the front end loader and his criticism of the contract award. It also provides detailed information about the procedure followed in calling tenders for rental equipment. The reports recommends acceptance of the tender by Alcopa Construction and that the City's specifications regarding the acceptance of substitute machinery of better or similar quality than tendered, remain unchanged. Mr.F.Susin was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Fare. Mr. Sus in read from a prepared statement, copies of which were made available to Council. Mr. Susin provided further infor- mation regarding his reasons for questioning the fairness of awarding the tender to the Alcopa Co. and compared the equipment offered by the successful tenderer to that offered by his company, Nisus Construction. He suggested that acceptance of his company's tender, amounting to an additional fifty cents per hour rental charge, would result in availability of the required equipment and provide work for a local contractor and workmen. Following considerable discussion and further clarification by the City Engineer and the Works Engineer, it was moved by Alderman Smeaton, seconded by Alderman Thomson that the report of the City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Orr, Smeaton, Puttick, Schisler, Stewart, Thomson, Wallace. 'NA~YE: Aldermen Mann and Fera. See Resolution No.29 BUILDING PERMIT FEES - REGIONAL CONSTRUCTION PROJECTS Report No. 151 -.City Manager'- Re:, Building Permits - Regional Construction Projects. Referring to the Region's previous request that the City waive the fee for building permits for Regional construction projects and the decis ion of Council to continue the practice of requiring such fees. The report advises that the Region has now requested the City to consider the possibility of accepting a one dollar payment for building permits for the Region; reconsuending that City Council advise the Region again that the Region will be required to pay building permit fees. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. BUCKLEY AVENUE SENIOR CITIZENS, PROJECT Report No.152 - Planning end Development Committee - Re: Bucklay Avenue Senior Citizens Project. The report reconnnends that Council, by resolution, certify that Phase One of the Buckley Avenue Senior Citizen Units conforms to Official Plan Amendment No.28 of the Niagara Falls Planning Ares. CI~DERED on the motion of Aldeman Thomson, seconded by Alderman Orr that the report be received and adopted. See Resolution No.~O - 2- COMMUNICATIONS No.23 - Alderman Edward Stewart - Advising that the Alderman has been appointed Manager of the Niagara Frontier Humane Society and submitting his resignation as Council's representative on the Society Board. ORDERED on the motion of Alderumn Thon~on, seconded by Alderman Puttick that the communication be received and filed and Alderman Stewart's resignation from the Board of the Niagara Frontier Humane Society be accepted. A new Aldermanic appointee will be named at a later date. No. 24 - Niagara Transit - Re: Charter Buses - Roller Skating. Advising that the owner of the Lincoln Center will charter buses to the roller skating rink in St. Catharines comnencing Friday, April 21st. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and filed. No. 25 - H. Brandwood - Comments re the City'a water rates and suggesting a rebate for pensioners. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the communication be received and filed and Mr. Brandwood be provided with a copy of an earlier report outlining the various wa~ in which concessions ate given to senior citizens and an explanation 6f the limitations imposed on the municipality. Alderman Puttick suggested that during the budget discussions consideration be given t6 increasing the rebate to all pensioners to $100.00. ' ....... REPORTS No. 153 - City Manager - Re: Proposed 1975 Asphalt Overlay Program. Recommending (1) the proposed 1975 Asphalt Overlay Program attached to the report be approved and an allocation in the amount of $100,000 be provided in the 1975 Operating Budget and (2) the City Engineer be authorized to proceed with the tender call for the 1975 program. Alderman Thomson expressed concern about committing the City to such a substantial amount of money prior to the budget meeting. The City Manager suggested that the schedule for the tender advertising and closing date could be approved at this time and the tenders awarded following the budget discussions. ORDEP~D on the motion of Alderman Thomson, seconded by Alderman Wallace that the report be received, the schedule for tender advertising and closing approved and awarding of the contract for the 1975 Asphalt Overlay Program be withheld pending the 1975 budget discussions. No. 154 - City Manager - Re: Tenders for Materials 1975. Reco~mending acceptance of various bids for the supply of Tires, Tubes & Tire Repairs; Hot Mix Asphalt & Aspbaltic Cold Patch; Granular Materials & Sand; Hydrants; Gate Valves; Tapping Valves & Sleeves] Valve Boxes; Oxygen ~ and Acetylene] Supply & Apply of Traffic Line Striping; Cement, Lime and Seal Bond and Ready-Mix Concrete. ORDERED on the motion of Alderman Schisler, seconded by Alderman err that the report be received and adopted. ~ee ResolutiO~'NOj31 No. 155 - City Manager - Re: Proposed 1975 Sidewalk Repair Program. Recommending that Items 1 to 9s inclusive, on a program attached to the report be approved and the City Engineer be authorized to proceed with the tender call. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received, staff be authorized to proceed with the calling of tenders as scheduled with the understandin~ that no decision will be, made prior to the 1975 Budget discussions. No. 156 - City Manager - Re: Change in probationary period for Fire.fighters.Advising that under the terms of the 1975 Collective Agreement, the probationary period for new entrants to the Fire Department has been increased from six to twelve months. The required amendment to the By-law appears later on the agends. ORDERED on the motion of Alderman Smeatons seconded by Alderman Fern that the report be received and filed. .See By-law No.75- 50 No, 157 - City Manager - Re: Robinson Street Bridge. The report provides informa- tion reCsrdtnS the proposed schedule for construction of the new Robinson Street Bridge and includes comments with respect to required sPProvals,'acqutsition of certain lends from adjacent property owners and the necessity to discuss workin8 easements with the property owners. ORDERED on the motion of Aldermen Puttinks seconded by Alderman Thomson that the advisory report be received and filed. · - 3 - Reports (Continued) No. 158 - City Manager - Re: Thorold Stone Road Storm Sewer. The report recommends that the City Engineer be authorized to proceed with the tender call for the Thorold Stone Road Storm Sewer project and the City's share of the construction costs be charged against the Expansion and Renewal Fund and the City Solicitor be instructed to prepare the authorizing by-law for submission to Council for approval. Note: Alderman Fera declared a conflict of interest and abstained from participating in the discussion and the vote. ORDERED on the motion of Alderman Schisler, seconded by Alderman err that the report of the City Manager be received and adopted. The motion p.srried with Alderman Fern abstaining. No. 159 - City Manager - Re: Mission of St.Jude Property. Providing clarification of several points published in the Niagara Falls Review and discussed at the Council meeting; submitting a letter of Mr.J.Hutcheon, Renewal Co-Ordinator in which he has documented in some detail his involvement with the Mission of St.Jude property over~ the past two years and a memorandum of Mr.A.Lamb, Projects Engineer outlining. information related to the former urban renewal project and the long range plans for parking in the area. In his report, the City Manager reviewmeetings and correspondence related to the Mission of St.Jude during 1974 and 1975; general plans for parking in the area and discussions involving the future operation of the Mission. The report advises that Mr.R.Hutcheon, Renewal Co-Ordinator is responsible for the City's role in the Neighbourhood Improvement Program in residential areas only and has not been involved in redevelopmeat of commercial areas. ORDERED on the motion of Alderman Wallace, seconded by Alderman Puttick that the report of the City Manager be received and filed. No. !60 - City Manager - Re: Closing and Conveyance of Part of Fifth Avenue. The report recommends that Council authorize the cancellation of the requirement for an impost fee of $1,000.00 .and provide the Land Div/sion Committee with the necessary confirnmtlon that the City'e requirements for this particular severance have been met. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the report be received and adopted. No. 161 -' City Manager - Re: Demolition - Kitchener Street School, Contract D.T.2-75. Recommending that the bid submitted by R.J.Collee in the amount of $6,250.00 for the demolition of the Kitchener Street School be approved by Council. Alderman Puttick enquired if the low bidder was aware that the specifications required that the first floor be supported while the upper floors were being demolished and would 'this account for the amount tendered. The City Engineer indicated that the Building Inspector and Construction Inspector had prepared the specifications and their estimated cost was very close to that submitted by R.J.Collee. He indicated ~t,.~etails wofild be provided to Alderman Puttick. ' ORDERED on the motion of Alderman Mann~ seconded by Aldermen Thomson that the report be received and adopted. See Resolution No.32 No. 162 - City Manager - Re: Linear Parks and Bikeway System, Ontario Hydro Licence Agreement. Referring to the 1974 one-year Licence Agreement with the Ontario Hydro Power Commission with respect to lands owned by the Hydro for recreational purposes, namely, the bikeway system and garden plots. The report recommends that Council enter into a 5-year lease agreement for the Ontario Hydro right-of-way property for Phase One of the Bikeway System and garden plots. Alderman Thomson noted that questions had been raised previous ly regarding the cost of cutting weeds and maintaining the bikeways. Due to the delay in starting the routes in 1974, the costs were not available. The Alderman said that apparently the City will be responsible for maintaining the entire Hydro right-of-way and suggested that Council should be aware of the expense involved before enterin8 into a five-year lease. Alderman Thomson also suggested that public interest and use of the bikeways should be confirmed before proceeding further. It was then moved by Alderman Thomson, seconded by Alderman Smeaton that the report of the City Manager be received and the suggested five-year lease with respect to linear parks and the hikeway system be referred to staff for further investigation. The motion Carried unanimously. It was moved by Ald"~'~nn Thomson, seconded by Alderman Mann that the designation of 35 plots behind the Badminton Club property for gardening purposes be approved, ~he motion Carried unanimously.. -4- Reports (Cont'd) No. 163 - City Manager - Re: Canadian Association of Housing and Renewal Officials Conference, Vanlet City, May 5, 6 and 7th,1975. Recommending that one member of the Engineering staff be authorized to attend. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. No. 16a - Loan Review Committee - The report recommends approval of seven applica- tions for assistance under The Ontario Home Renewal Program. ORDERED on the motion of Alderman Thomson, seconded by Aiderman Fera that the report be received and adopted. No. 165 - City Manager - Re: Shriner's Creek Environmental Impact Study. Advis ing of two meetings of the Shriner's Creek Advisory Committee; submitting various items of correspondence, maps, agendas and minutes of the meeting for the information of Council; advising that all information is of a preliminary nature only and no comment is required until such time as the final report is presented by the con- suitants. ORDERED on the motion of Alderman Puttick, seconded by Alderman err that the report be received and filed and any interested citizen be provided with a copy of the report upon request. No. 166'- City Manager - Re: Replacement of Defective Sanitary Sewermains on MorrisonSt. between Victoria Ave. and Cryslot Ave. Recom~ending that the unit prices submitted by D.L.Stephena Contracting (Niagara) Ltd. for replacing sanitary sewermains on Morrison Street as part of Contract R.C.38-74, be accepted and that an allocation in the amount of $18,000.00 be provided for the work in the 1975 Operating Budget, Major Sewer Repair Account. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis let that the report be received and adopted. See Resolution No.33 No. 167 - City Manager - Re: Voluntary Payment By-law. Recommending approval of a by-law to amend By-law 72-221 providing for the voluntary payment of penalties for contravention of parking and other by-law provisions. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern that the report be received and adopted. See By-law No. 75-56 No. 168 - City Manager - Re: Parking on Main St. between Ferry St. and North St. RecOmmending that the City Manager be authorized to take the necessary steps to provlde parking meters for all spaces on Main Street between North Street and Ferry Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Fern, Mann, OrrjSchisler, Stewart, Thomson, Wallace. .NAYE:Aldermen Smeaton and Puttick. No. 169 - Deputy City Clerk - Recommending approval of Municipal Licerites. · ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe that the report be received and adopted.and licences granted. No. 170 - City Manager - Recommending payment of Municipal Accounts.. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr that the report be received and adopted. No. 171 - City Manager - Re: Parking of tractor-trailers at east end of Bridge St. Commenting on the hazardous traffic conditions created by the parking of tractor- trailers on Bridge Street from Erie Ave. to River Road and on Rlver Road near the intersection of Brldge Street; advising that the problem is caused by the enforce- ment of The Highway Traffic Act whereby a truck cannot be operated In Canada unless it has Canadian licence plates; advtsinB that the provision of a larger compound is not the responsibility of the municipality. the enforcement of "No Parking. on River Road rests with the Niagara Parks C~lssion and "No Parking,, restrictions on Bridge St. is a Regional responsibility; recommending that City Council formally request the Niagara Falls Bridge Commission to provide additional facilities for the storage of trailers in the vicinity of the ~irlpool R~pids Bridge. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted and the City offer full cooperation to the Niagara Bridge Comission and the Niagara Parks Commission in an effort to provide additional facilities for the storaad of trailers. -5 - RESOLUTIONS No. 29 - SMEATON - THO~ON - RESOLVED that the City accept the tender submitted by Alcopa Construction for rental equipment at the landfill site in the amount of $17.00 per hour for a front end loader and $17.00 per'hour'for a dozer; AND the Seal of The Corporation be hereto affixed. Carried No. 30 - THOMSON - eRR - RESOLVED that the Council of the Corporation of the City of Niagara'Falls hereby certify that Phase One of the Bucklay Avenue Senior Citizen Units conforms to Offical 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.~x No. 31 - SCHISLER - ORE'- RESOLVED that the following bids for the supply of materials for 1975 be accepted: 1) Tires, Tubes & Tire Repairs - Whitelay Tire Sales - Complete tire service from April 2nd, 1975 toM arch 31st, 1976. 2) Hot Mix Asphalt & Aspbaltic Cold Patch - Warren Bitulithic. 3) Granular Materials & Sand - To be purchased from the low bidder at the source closest to the site used. Hydrants - Francis Hankin & Company Ltd. Prices firm to September 30, 1975. Gate Valves - Francis Hankin & Company Ltd. Prices firm to September 30, 1975. Tapping Valves & Sleeves - J.R. Ferguson Limited. Prices finn for three months. Valve Boxes - J.R. Ferguson Limited. Prices firm for three months. Oxygen and Acetylene - Niagara Welders Supply. Prices firm for one year. Supply & Apply of Traffic Line Striping - Modern White Lines. Cement, Lime and Seal Bond - Weightman (Chippawn) Limited. Prices firm to June 30, Price firm for 1975. 4) 5) 6) 7) 8) 9) lO) 11) Ready-Mix Concrete - Weightmen (Chippawa) Limited. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 32 - MANN - THOMSON - RESOLVED that the contract for the demolition of Kitchener Street School be awarded to R.J. Cellos at the tendered price of $6,250.00; AND the Seal of the Corporationbe hereto affixed. Carried Unanimously No. 33 - TNOMON - SCHISLER - RESOLVED that the unit prices submitted by D L. Stephens Contracting (Niagara) Ltd. for replacing sanitary sewermains. on Morrison Street as part of Contract R.C. 38-74, be accepted and an amount of $]8,000 be provided for the work in the 1975 Operating Budget, MaJo~ Sewer Repair Account; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl, Z ~X-LAWS No. 74-153 - A By-law to authorize the construction of certain works as local improve- ments under Section 12 of The Local Improvement Act. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the by-law, as amended~ be now given a third and final reading. Carried UnanimouslZ ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that leave he granted to introduce the following by-laws and the By-laws be given a first reading: ~o. 75-50 - A By=law to amend By-Law No..6683, 1964,.being a By-law to establish and ~regulate a Fire Department. No. 75-51 - A By-law respectin~ engineering services in connection with the Robinson Street Bridge. No. 75-52 - A By-law to authorize the execntton of an agreementwithRichard Collee TruckinS and Excavating Ltd. for the demolition of a buildinS. 1975. No. ,No, ?5-58 T By-laws (Cone'd) No. 75-53 - A By-law to provide for the early closing of barbers' shops. Note: Alderman Mann voted contrary to the passing of By-law 75-53 and all others in favour. No. 75-54 - A By-law to provide for the closing of barbers's shops on Mondays and holidays. No. 75-55 - A By-law to amend By-law No. 2530, as amended (Portage Green Subdi- v is ion ) No. 75-56 - A By-law to amend By-law No. 72-221, being a by-law to provide for , the voluntary payment of penalties for contravention of parking and certain other by-law provisions. - A By-law to amend By-law No. 5335, as amended.(Buckley Ave. Senior Citizens Project) - A By-law to provide monies for general purposes. - ORDERED on the motion of Aldermen Schisler, seconded by Aideman Smeaton that the foilowing by-laws be now given a .s.econd~and~h~rd reading: No. 75-50 - A By-law to amend By-law No. 6683, 1964, being a By-law to establish and regulate a Fire Department. No. 75-51 - A By-law respecting ehgineeringservicea in connection with the Robinson Street Bridge. " No.. 75-52 - A By-law to authorize the execution of an agreement with Richard Collee Trucking and Excavating Ltd. for the demolition of a building. No. 75-53 - A By-law to provide for the early closing of barbers' shops. Note: Alderman_Mann voted contrary. No. 75-54 - A By-law to provide for the closing of barbersr~shope on Mondays and holidays. J No. 75-55 - A By-law to amend By-law No. 2530, as amended. (Portage Green Subdi- vis ion) - - , No. 75L~6.-~'By-law to amend Byfflaw No.. 72-221, being a By-l~w to provide for the voluntary pa~nt of penalties for contravention of parking and certain other by-law provisions. No. 75-57 - A By-lsw to amend By-law No. 5335,-as amended. (Buck!ey Avenue Senior Citizens Project) No. F5-58 - A By-law to provide monies for general purposes. The motion to approve second and third readings of the by-laws was qarried with Alderman Mann voting contrary to By-law No.75-53 and all others in fayour. NEW BUS INESS REGIONAL SLUDGE DISPO6AL SITE Alderman Smeaton referred to a recent press announcement that the Engineering Department of Regions1 Niagara has recommended that the Regional Sludge pond be located on a 172 acre site at the north-west corner of Schisler and Montrose Roads. The Alderman was critical of the fact that the news story was the first indication to Council and City Staff as to the proposed site and expressed concern about the sludge pond being adjacent to the new Crowland Firehall, a park site being developed by volunteer firefighters as well as a lO acre parcel of land camhired by the City for future park purposes. It is understood the item will be considered by the Regional Council at a meetin8 on April 3rd. Alderman Thomson suggested that Council Regional Sludge Disposal Site (Cone'd) should be provided with information as to the stand taken by representing Niagara Falls and Alderman Wallace requested information as to whether the City would have any legal recourse through the courts to stop development of the project. Alderman Schisler also c~ented on the subject noting that in addition to the Regional Councillors · - 7- parklands, twelve homes would also be sffected. It was Aideman Schisler's under- standing that the property had changed hands and he requested information as to the present owners and who the owners were for the previous two years. The Alderman suggested there were other more suitable site in the Crowland or Willoughby areas. It was then moved by Aideman Smeaton, seconded by Alderman Thomson that the Council of the City of Niagara Falls strongly object to a proposal of the Regional Municipality of Niagara to use the land at the north-west corner of Schisler and Montrose Roads for a sludge disposal site and to the manner in which the recommenda- tion of the Public Works and Utilities Committee was reached without consultation with representatives of the City as to the advisability of the suggested site for the use proposed, and further, that the Regional Council be requested to table further consideration of the matter until the City Council has had an opportunity to study the proposal and submit comments. The motion Carried with Alderman Puttick voting contrary and all others in favour. DEMOLITION OF BUCBNER SCHOOL Alderman Schisler referred to a news story regarding the demolition of the Buchner School which made it appear that Mr. James Morris was responsible. The Aldermen stated that City Staff had erred and a private citizen should not be subjected to the embarrassment of such statements appearing in the press. It was moved by Alderman Schisler, seconded by Aldeman Puttick that the Review clarify the report on the issue. The motion 9arried with Alderman Wallace voting contrary and all others in fayour. INSTALLATION OF AUXILIARY PUMP - NIAGARA S~JTH RECREATION COMPLEX Alderman Puttick enquired as to the necessity of installing a second auxiliary pump at the Nlagara South Arena when the building had just been completed. Alderman Mann eowmented on the necessity of providing standby equipment and the Projects Engineer advised that an amount of $4,000. had been included in the staff proposals for the 1975 Operating Budget. The auxiliary brine pump had been included in the original plans but, due to the limited budget, had been excluded. There are two pumps at the Jack Bell and Stamford Arenas. NIAGARA FALLS MEMORIAL ARENA Alderman Puttick questioned the necessity of having three operators at the Niagara Falls Arena when only two are required. The Projects Engineer advised that provincial regulations concerning refrigera- tion units are now less demanding with respect to qualified refrigeration personnel. The staff complement, who are all members of the Union, met the requirements prior to the new legislation but, to date, it has not been possib!~ .to negotiate a reduction in personnel. The staff complement, Mr."Lamh suggested, could be altered when there is opportunity to do so, because of the new regulations. COST OF FACILITIES FOR SENIOR CITIZEN GROUP Alderman Puttick stated that although he had requested the Review to retract a story indica~ed that he had made a statement regarding the monthly payment of $500.00 for the use of the gymnasium at St.Andrew's Church by a Senior Citizen Group, The retr~tion had not been made and, as a result, the "Instant Editorial" colunm included a comment about the Alderman's attitude toward churches. ORDERED on the motion of Aideman Schisler, seconded by Aideman Mann that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, L__ Mayor · - 8- COMMITTEE OF THE WHOLE Committee Room No.l, April 1, 1975. Council met in Committee nf the Whole following a regular meeting held Tuesday, April 1, 1975. All Members of Council were present with the exception of Aldermen Narrigen and Aldermen Michael. Alderman Mann presided as Chairmen. Following consideration of the items presented, it was moved by Alderman Thomson, seconded by Alderman Schisler that the Committee of the Whole arise without reporting. READ AND ADOPTED, Mayor COUNCILMEETING Committee Room No.l, April 1, 1975. Council reconvened in formal session following a meeting of the Committee of the Whole on Tuesday, April 1, 1975. All Members of Council were present with the exception of Alderman Harrigan and Alderman Michael· His Worship Mayor George Bukator presided as Chairman. The meeting adjourned· READ AND ADOPTED, Mayor TWELFTH MEETING Council Chambers, April 7, 1975. SpECIAL MEETING Following a meeting of the Council Committee held Monday, April 7, 1975, Council reconvened in formal session on the motion of Alderman Smeaton, seconded by Alderman Themson. All Members of Council were present. His Worship Mayor George Bukator presided as Chairmen. REPORTS No. 172 - City Manager - Recon~nending that Official Plan Amendment No. 72 (Plan A) be recommended to Council for adoption by by-law, including Grassy Brook Park as Resort Commercial and that Section 2 Definition under (d) include the statement that exception to some of the .policies mey .be granted for existing properties of less than 3 acres. Alderman Puttick asked if the words "by the developer" could be inserted in paragraph 3, page 2 of the Body of the Amendment between the words "available" and "as required". The Planning Administrator indicated that the intent was to leave this open for Council's decision. Council's practice has been for the developer to pay for the cost. Following further discussion and clarification by the City Engineer, it was moved by Alderman Harrtgan, seconded by Alderman Smeaton that the report be received and adopted. The motion ~arried with Alderman Puttick voting contrary and all others in favour. BY-lAWS ORDERED on the motion of Aldermen Wallace, seconded by Alderman Smeaton that leave be granted to introduce the following by-law and the by-law be given a first reading: No. 75-59 - To provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Wallace,-seconded by Alderman Smeaton that the following by-law be now given a second and third reading: No. 75-59 - To provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. Carried Unanimously. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael that the meeting ad onrn to Go, ittee of READ AND ADOPTED, Mayor Committee Room No. 1 April 7, 1975. Council met in Cou~ittee of the Whole on Monday, April 7, 1975, following e special meeting. All Members of Council were present. His Worship Mayor Bukator presided as Chairman. Followin~ consideration o~£~e. ins presented, it was moved by AldermanMann, seconded by Alder,* '~hat the Committee of the Whole arise without reporting. Mayor - 2- COUNCIL MEETING Committee Room No. 1 April 7, 1975. Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. The meeting adjourned. THIRTEENTH MEETING Council Chambers, April'14, 1975. REGULAR MEETING Council met on Monday, April 14, 1975 at 7:30 p.m., for the purpose of considering general business. All Members of Council were present with the exception of His Worship Mayor George Bukator and Alderman A. Fera. Alderman Stewart offered the Opening Prayer. RESOLUTION No. 34 - MANN - STEWART - RESOLVED that Alderman W. Thomson be appointed as presiding Officer during the absence of Mayor George Bukator for the period April 12th - April 17th, 1975; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Harrigan, seconded by Aldermen Wallace, that the minutes of a regular meeting held on April 1, 1975, and the minutes of a special meeting held April 7, 1975 be adopted as printed. Aldermen Crowe asked if clarification could be obtained on the action outlined on Page 7 of the April 1st minutes regarding the proposed location of a sludge disposal site in the former Township of Crowland. It was his opinion that the action of Council was to table the matter. City staff indicated they would check the accuracy of the minutes in this respect. UNFINISHED BUSINESS PROPOSED E~ETING RE: SOLID WASTE DISPOSAL SITE Report No. 173 - City Manager - Referring to discussions held on the proposed location of the Regional Solid Waste Disposal Site in the former Township of Crowland, advising that notification has been received that the proposed public meeting will be held on Tuesday, April 15, 1975, at 7:30 p.m. in the James Motden School, and recommending that the appropriate-staff, togoCher with any interested members of Council attend the proposed meeting. ORDERED on the motion of Alderman Mann, seconded by Aldermen Harrigan that the report be received and filed. PARKING PROHIBITION - STANLEY AVENUE BETWEEN SPRING ST. AND KITCHENER S~. Report No. 174 - City Manager - Referring to numerous requests made to the Regional Municipality of Niagara to allow parking on Stanley Avenue between Spring St. and Kitchener St. during the off-season months, and advising that notification was received from the Regional Public Works and Utilities Committee that the Region is unable to agree to the City's request that parking be reinstated. Alderman Smeaton advised that although the City had not been successful in obtaining parking during the off-season, the Region was attempting to correct the speeding complaints by placing radar vehicles on Stanley Avenue in this area. Alderman Crows was of the opinion the report of the Regional Public Works And Utilities Conunittee outlining the reasons for refusal of the City's request was inaccurate since the danger to pedestrians ia increased due to the Region's proposal to provide a pedestrian refuge in the centre of the roadway, speed would not be decreased, and the fact that the Region resolved to rescind the by-law establishing the exclusive continuous left-turn lane in order to establish the centre lane as a painted median, but would not allow parking because the Province required that there be two through lanes in each direction before the continuous left-hand turn centre lane could he established. ~olfowin8 further discussion on this item, it was moved by Alderman Smeaton, seconded by Alderman Puttick that the Regional Municipality of Niagara be requested to submit another report answerinS the specific questions raised by members of .Council. The motion 9artled With Alderman Mann voting contrary. - 2- LINEAR pARKS & BIKEWAY AGREEMENT Report No. 175 - Planning and Development Committee - Recommending that Council enter into a one year lease agreement extensive for those parts of Ontario Hydro Right-of-Way property necessary for Phase One of the Bikeway System and that the user study be undertaken this summer followed by a report to Council of its results. ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann that the report be received and the recommendations outlined in the report be adopted. ADJUSTMENT OF METERED WATER ACCOUNTS Report No. 176 - City Manager - Referring to a communication received from Mrs. P. Fiehagen, 4031 Front Street to have an adjustment made to her water bill based on meter readings in August and October, 1974. The report reconm~ended that the City's present policy as laid down in the By-law be continued and Mrs. Flanagan's request refused in view of the fact that leaks on private property should be the owner's responsibility. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crowe that the report be received and filed, and that Mrs. Flanagan be so notified of the action taken. COMMUNICATIONS No. 26 - Regional Municipality of Niagara - Re: 1975 Water Rates. Advising of the 1975 rates to be charged to Area Municipalities during the year 1975. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart that the coffununication be received and filed. No. 27 - Regional Municipality of Niagara - Re: 1975 Sewage Rates. Advising of the 1975 rates to be charged to Area Municipalities during the year 1975. ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart that the communication be received and filed. REPORTS No. 177 - Planning &Development Committee - Re~ AM:2/~5'G. Rtttman, 6959 Lundy's Recommending that an application fromMr. G. ~ittman:to~permit the renovation of an existing residential dwelling to make provision for one .apartment unit and for the operation of a three chair beauty parlour be denied. The City Clerk advised that petitions had been received from 89 residents in favour of the application, and 42 opposed, and that representatives on behalf of the objectors wishing to address Council were present, namely Mrs. Cowan end Mrs. Armstrong. Mr. Ran Perkin was also in attendance on behalf of the applicant. Alderman Marrigan questioned the 89 signatures on the petition in faYour as to how many lived within 400' of the proposed development. The City Clerk advised that the names appearing on the petition were residents residing throughout the City. Alderman Smaaton stated that the present parking situation on Mauland Avenue is daily growing more dangerous to pedestrians and residents backing out of their driveways. There are cars parked on Mauland by customers visiting other establishments on the block. It was the Alderman's opinion that, the parking is not adequate, and that it creates a dangerous situation for children using Mauland as a school route. Mauland Avenue is still a residential street, and it was felt that the neighbourhood's total character would be altered, and' that a responsibilit~ was owed to the long time residents. Aldermen Wallace asked Mr. Larsen how the present application differed from the previous application. Mr. LeTsen replied that the previous application was for two apartment units, and the present application called for one. Alderman Crowe stated that in his observation, there are other comparable establishments within the same few blocks, and questioned how the application could be turned down when the request was consistent with other uses in the area. Mrs. Elizabeth Cowan was granted permission to address Council on the motion of Alderman Michael, seconded by Aldermsn HarriSan. M=s. Cowan advised that she represented at least 60 home owners in the Lundy's Lane - Mouland.'Avenue area. She expressed.some puzzlement as to why s new application had been brought forward for consideration when the original application was turned down. It was the opinion of the residents in the area that the quiet enjoyment of the area be the first priority in this issue. Mrs. Cowan raised the points that over -3 - twenty school children use this street daily and also that the parking facilities seemed very inadequate for the apartment dwellers and customers for a three chair beauty establishment. It was suggested that it may be advisable to reconsider this application after the entire block is rezoned commercial. On these grounds and others, the residents request Council to again reject the application. Mrs. G.K. Armstrong was then granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Harrigan. Mrs. Armstrong stated that the spot zoning at both ends of the block left no chance for the residents in the middle to retain their privacy. She was also of the opinion that parking is difficult and that such an establishment would depreciate the value of the properties in the area. Mr. Ron Perkin was granted permission to address Council on behalf of the applicant on the motion of Alderman Schisler, seconded by Alderman Crowe. Mr. Perkin advised that he was perplexed as to why this application was being denied after viewing the area, and since the area is designated tourist commercial on the Official Plan. In answer to some of the objections raised to the application Mr. Perkin stated that the three chairs referred to in the application referred to one comb-out chair and two dryers, thereby making the maximum customer usage three; as far as the laneway and rock garden is concerned, photographs taken show no rock garden, and since it was Mr. Rittman~s intention to erect a fence to separate the parking area from the rear yards of the adjacent properties, it was felt that this would enhance the beauty of the neighbourhood; with respect to the storm water run-off, the parking area is curbed and graded to the driveway area so that storm water will run onto the road to be handled by the existing storm sewer system; in answer to the parking problem, Rittman's will be supplying their own parking on their property. It was also pointed out that in both applications, the Planning Department recommended that the proposal be approved. Alderman Harrigan asked if some assurance could be given that 'should the rezoning be allowed, that the property would not be sold merely for the increased value of the land and used for other more objectionable purposes. Mr. Perkin reiterated that the property would not change hands, in the opinion of the owners, for at least four or five years. Following further discussion and clarification by staff, it was ORDERED on the motion of Alderman Wallace, seconded by Alderman Smeaton that the recomm~hdation of the Planning and Development Con~nittee be adopted, and the application be denied. The motion Carried with the following vote: AYE: Aldermen Crowe, Harrigan, Michael, Orr, Schis ler, Smeaton, Stewart ~nd Wallace. NAYE: Aldermen Mann, Michael and. Puttick. No. 178- City Clerk - Report of the Council Committee: 1. Commercial Blocks in Industrial Subdivision - A report from the City Manager referred to the proposed use of three commercial lots in the Falls Industrial SUbdivision. Recommendations: That City staff be authorized to retain John Ferguson to obtain an appraisal on the site, based on the uses permitted in the zoning by-law, end that staff be authorized and directed to prepare a suitable proposal call and publicly call for proposals on these lands. 2. Use of Unopened Road Allowance for Horse Show - Communication No. 28 - From the Niagara Promotion Association for permission to use the unopened portion of Morrison Street, west of the Optimist Club in conjunction with an all breeds Horse Show. Recommendation: That Mr. Ward's request, as outlined in his letter of April 2nd be approved subject to confirmation of the City Solicitor that the necessary protection is afforded the Municipality in the event of liability claims arising as a result of the use of the subject road allowance. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report of the Council Cor~nittee be received and Council ratify the reco.mkendations. No. 179 - City Manager - Re: Contract G.C. 1/75, Sewer and Watermain Installations on Morrison Street. Recommending that the unit prices tendered by Anthony DeRose Ltd. for the subject work be accepted by Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Schieler that thc report be received ,aqd adopted. See Resolution No. 37 No. 180 - City Manager - Tender- Gasoline, Oils & Lubricants. Recunm,ending that the unit prices submitted by Gulf Oil Company. for the 1975/76 requirements be accepted. ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler that the report be received and adopted. ~ee Resolution No. 38 -4- No. 181 - City Clerk - Re: AM52/73 Restricted Area By-law 74-216 Empire Motel ~ Ltd. Advising that as a result of circulating the by-law to property owners within the 400 foot notification area, one letter of objection was received and forwarded to the Ontario Municipal Board with the request for a hearing. The Board has appointed Wednesday, May 21, 1975 at 10:00 a.m. in Council Chambers for the hearing. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Orr that the report be received and filed, and that the objector be notified of the date of the hearing., No. 182 - City Manager - AM-28/74 Dow Construction Ltd, East Side Drur~nond Road, North of Barker Street. Advising that the Minister of Indian and Northern Affairs and the Niagara Parks Commission have no interest in developing this site as an historical park, and recommending that in the event Council does not find the site acceptable for either local residential park or historical display purposes, that the application be referred back to the Planning and Development Committee for reconsidersCion. Alderman Smeaton expressed disappointment in both the Federal and Provincial Governments for their lack of interest in this historical site. The Alderman felt it was inconceivable that there is no interest to fund the development of this site to ensure that the land is not wasted on a commercial venture. Alderman Wallace asked if all avenues of government assistance had been exhausted. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Smeaton that the report be tabled for several weeks, and that the possibility of further grants be investigated. No. 183 - Planning and Development Committee - Re: Official Plan Office Consolidation 1975 - Submitted for Councilts information. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr that the report be received and filed. No. 184 - City Manager - Re: Official Plan Amendment No. 50, AM-41/70, Nasco Investments Ltd. - Recommending that Council pass the by-law to repeal By-law No. 71-93A appearing on tonight's agenda. ORDERED on the motion of Alderman Crows, seconded by Alderman Schisler that the report be received and adopted. See By-Law 75-67 No. 185 - City Manager - Proposed Valley View Plan of Subdivision - Draft Plan 26T-25175. Recommending that Council pass the by-law appearing on tonlght's agenda to authorize the sale of Part 3 to Hanit Construction Co. Ltd. ORDERED on the motion of Alderman Wallace, seconded by Alderman Crows that the report be received and adopted. See By-law 75-65 No. 186 - City Manager - Re: Proposed Plan of Subdivision, Dmytro and Jennie Wultch~ "Bonnie Subdivis ion" - Dept. File 26T;75010. Recommending preliminary approval of the proposed plan subject to the following conditions: 1) That cash in lieu of the 5% dedication of lands for park purposes be applied; 2) That the one foot reserve known as Block A, Registered Plan 240 along the north side of Bonnie Street be lifted to permit access to the proposed lots; 3) Payment of taxes; 4) That the developers enter into the usual subdivider's agreement with the City. Further recommending that the usual questionnaire be returned tO the Ministry of Housing. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows that the report be received and adopted. No. 18~ - City Manager - Re: Heritage Court Condominium, W.J. Waiters. Recommendi~ $ that the usual completed questionnaire be returned to the Ministry of Housing. ORDERED on the motion of Alderman Michaels seconded by Alderman Schisler that the 't report be received and adopted. No. 188 - City Manager - Re: Westwood Village - Exemption frown Part Lot Control. Advising that a letter had been received from the legal firm of Bordonaro, Vadum and Nella requesting passing of a by-law to exempt certain lot8 in Registered Plan N.S. 42 (Westwood Village) from part lot control. It was recon~ended that Council give three readings to the by-law appearing on the agends exempting certain lots from part lot control, and further recous~ending that any costs arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant. ORDBRED on the. motion of Alderman. Crowe, seconded by Alderman.Michael that the report be received and adopted, See By-law 75-66 L - 5 - No. 189 - City Manager - Re: Workmen's Compensation Insurance. Advising that as a result of the trans far to Schedule II under the Workmen's Compensation Board, the City had affected a saving of $36,449 in 1974. It is recommended that the report be received and filed. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr that the report be received and filed. No. 190 - City Manager - Re: Agreement - Delta Dental Plan. Advising that as part of the settlement with Local 133, C.U.P.E., it was agreed to transfer from the Blue Cross Plan 7 to Delta Dental Plan due to more advantageous rates. The annual saving to the City is $2130. The report recommends that the by-law authorizing the agreement be passed. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report be received and adopted. See By-law 75-68 No. 191 - Recreation Commission - Re: Sixteenth Annual Achievement Awards Dinner of Champions. The report advises that the annual banquet is to be held on May 22, 1975. Recon~nending that the Recreation Commission be given the responsibility for all of the arrmgements. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton that the report be received and adopted. No. 192 - Recreation Commission - RE: 1975 Park Reservations. The report provided a schedule outlining the 1975 athletic field reservations. Recommending that the reservations for City parks be assigned as contained in the schedule. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Schisler that the report be received and adopted. No. 193 - Recreation Commission - Re: Procedure for Park Design and Development. Advising that a Procedure for Park'Design and Development had been set up and recommending that the procedure be approved and that a Park Development Connnittee be established cons isting of one member from the Engineering Department, Parks Department, Planning Department and chaired by the Recreation Director. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann that the report be received and adopted. No. 194 - City Manager - Re: Diploma Program in Public Administration. Advising of a course to be held at the University of Western Ontario from May 11 to June 20, 1975, designed to assist in the development of public management perspectives and skills. The report recommends that the City Clerk be authorized to enroll and advises that funds will be provided in the 1975 Operating Budget. ORDERED on the motion of Alderman Grows, seconded by Alderman Harrigan that the report be received and adopted. No. 195 .- City Manager - Re: 50th Annual Conference of the Purchasing Management Association of Canada. The report recommends that the Purchasing Agent be authorized to attend the conference which is to be held in Ottawa on June 1, 2, and 3, 1975. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart that the report be received and adopted. No. 196 - City Manager - Re: Ontario Traffic Conference Convention. The report recu~m~ends that two members of Council and two members of the Engineering Department be authorized to attend the convention which is to be held in Ottawa, from May 25 to 28, 1975. Alderman Michael felt that only one member of Council should attend the conference. Aldernmn Smeaton was of the opinion that the conference was of great benefit to elected officials in obtaining knowledge in traffic operations. ORDERED on the motion of Alderman Smeaton, seconded by Alderman 0rr that the report be received and adopted, and that Aldermen Puttick and Thomson be authorized to attend. The motion Carried with Alderman Michael voting contrary. No. 197 - City Manager - Re: Costs of German Industrial Visits. The report outlined in detail the cos ts involved in sending B.I.G. and Civic representatives to Germany, as well as taxes paid to the City by German firms now located or owning property'in the City. Alderman Puttick questioned how one could relate expenses grouped in a lump sum to taxes being paid. The Alderman stated that he would like to see a breakdown of the expenses. 'Alderman Smeaton advised that the report supplied the in, formation he had requested. ORDERED on the motion of Alderman Crows, seconded by Alderman Mann that the report be received and filed. . .... 6 - 6- No. 198 - City Manager - Re: Lighting for Oakes Park Soccer Field. The report advises that the consultant has completed the preparation of specifications and drawings for the installation of lights at Cakes Park. It is recommended that tenders be called for the installation of lights at the Oakes Park Soccer and Football Field on the basis that no contract would be granted if funds cannot be made available in the 1975 Operating Budget. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schieler that the report be received and adopted. No. 199 - City Manager - Re: Spring Rubbish Collection. The report recommends that the two week spring collection of rubbish be commenced as early as possible and the homeowners be notified through suitable advertising in the press and on the radio. ORDERED on the motion of Alderman Wallace, seconded by Alderman Smeaton that the report be received and adopted. Note: Aldermen Rarrigan, Mann and Michael were not present when the vote was taken on this matter. No. 200 - City Manager - Re: Weed Control in the City of Niagara Falls. The report recommends passing a resolution directing the Weed Inspector to enforce the Weed Control Act. The City Clerk advised that before the resolution could be passed, an advertisement must be placed in the local newspaper instructing the Weed Inspector to cause noxious weeds and weed seeds to be destroyed. Alderman Stewart questioned the limitation of 10 acres, since there are properties in the rural section of the City containing hundreds of acres that are covered in weeds every year, and are never cut down. The Alderman suggested that this should be increased to cover'larger areas. The City Clerk advised that the restriction was contained in Section 14 of the Weed Control Act, and that the City must abide by the legislative provisions. The Clerk noted that the Alderman had raised an interesting question as to the legal responsibility of the owner to cut weeds. It was suggested that staff could look into the matter. Alderman Crows inquired into the possibility of imposing a penalty on top of the fee charged by the City for cutting weeds on private property. It was the Aldermanes opinion that the costs involved would exceed the amount charged, and felt that some people might find it cheaper ~o allow the City to carry out the work. The question of the dandelion being included as a noxious weed was raised, but the City Clerk pointed out that the local by-law does not define noxious weeds since this is outlined in the Weed Control Act. The City Engineer advised that staff would check on the legal.aspects of charging a penalty on top of the fee charged by the contractor. Following further discussion, it was ORDERED on the motion of. Alderman Wallace, seconded by Alderman Stewart that the report be received and the Resolution tabled until the necessary advertisement is placed in the local newspaper. No. 201 - City Manager - Re: Proposed Hand Railing and Parapet Wall for Robinson Street Bridge. The report recommends that the standard aluminum railing with a 2t-6'' concrete parapet wall be included in the design for the new Robinson Street Bridge over the Penn Central Railway. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the report be received and adopted. No. 202 - City Manager - Re: Borrowing By-law. The report advises that under the proposed by-law, the City is allowed to seek out better interest rates from ether municipalities and major investment companies recognized in the money market by the Bank of Canada. It is recommended that the by-law appearing on the aSenda be passed authorizing the Treasurer to borrow from a bank or person the sums required to meet the expenditures of the City until taxes are collected. ORDERED on the motion of Alderman Smaaton, seconded by Alderman Stewart.that the report be received and adopted.' See By-law 75-60 No. 203 - Loan Review Committee - The report recommends approval of six applica- tions for assistance under the Ontario Home Renewal Programs. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart that the report be received and'adopted. ms m No. 204 - City Clerk - Advisory Report. The report recorfanends that permission be granted to the Stamford Lions Club to hold their Annual Carnival on the Bridge Street Athletic Grounds from August 13 to 16, 1975, and that communications from Beta Sigma Phi designating the week of April 27th to May 3rd, 1975 as "Beta Sigma Phi Week"; fromMrs. Ella Woodruff expressing thanks for the music at the Senior Citizens Centre on March 31st; and from the Niagara Transit Commission advising Council of the change in the cross-town bus route to include the Queensway area, be received and filed. ORDERED on the motion of Alderman Crowe, seconded by Alderman Harrigan that the report be received and filed. No. 205 - City Manager - Advising of Building Permits issued for the month of March, 1975. The City Clerk advised that the total number of permits should be corrected to 304. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart that the report be received and filed. No. 206 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Crowe, seconded by Alderman Michael that the report be received and adopted and licences granted. No. 207 - City Manager - Recommending payment of Municipal Accounts. NOTE: Alderman Smeaton declared a conflict of interest with reference to Cheque No. 23569. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe that the report be received and adopted. The motion Carried with Alderman Smeaton abstaining and all others in favour. RESOLUTIONS No. 34 - See Page I No. 35 - MANN - STEWART - RESOLVED that proposed By-law No. 74-262 entitled '~ By-law to authorize the acquiring, establishing, laying out and improving certain lands on Park Street in the Downtown Conunercial Area of the City for the parking of vehicles" which was read a first and second time at the meeting of Council on the 25th day of November, 1974 be amended by striking out clause (b) of section 3 and substituting therefore the following: "(b) secondly, to the extent, if any, that the revenue referred to in clause '~" hereof is insufficient to pay in full the said annual instalments in any year, by a special rate sufficient therefor to be levied in each such year on the whole of the assessed real property in the defined area of the City outlined in red on the sketch attached hereto as Schedule ~" having an assessment for real property mentioned in clause (s) of subsection (2) of Section 302 of The Municipal Act and listed in Schedule "B" attached hereto, and such special rate shall be levied and raised over and above all other rates and shall be collected annually by the Collector of Taxes for the City at the same time and in the same manner as other rates, and the portion of the cost of the parking lot that shall be levied against each parcel in the said defined area, having been duly apportioned among all the parcels in the defined area in accordance with the benefits accruing to each parcel from the establishment of the parking lot, shall be as set out in the fifth column in Schedule "B" attached hereto" and that application be made to the Ontario Municipal Board for approval of the undertaking in accordance with proposed By-law No. 74-262 as so amended; AND the Seal of the Corporation be hereto affixed. - -' : Carried Unan~motm~ No. 36 - M4NN - STEWART - RESOLVED that proposed By-law No. 74-263 entitled '~ by-law to authorize the acquiring, establishing, laying out and improving certain land on Main Street in the South End Commercial Area for the parking of vehicles" which was read a first and second time at the meeting of Council on the 25th day of November 1974 be amended by striking out clause (b).of section 4 and substituting therefor the following: "(b) Secondly, to the extent, if any, that the revenue referred to in clause (a) hereof is insufficient to pay in full the said annual instalments in shy year, by a special rate sufficient therefor to be levied in each such year on the whole of the assessed real property in the defined area of the City referred to herein as the South End C~ercial Ares having an assessment -8 - Resolution No. 36 (Cont'd) for real property mentioned in clause (a) of subsection (2) of section 302 of The Municipal Act and listed in Schedule "B" attached hereto, and such special rate shall be levied and raised over and above all other rates and shall be collected annually by the Collector of Taxes for the City at the same time and in the same manner as other rates, and the portion of the cost of the parking lot that shall be levied against each parcel in the said defined area, having been duly apportioned among all the parcels in the defined area in accordance with the beneflta accruing to each parcel from the establishment of the parking lot, shall be as set out in the fourth column in Schedule "B" attached hereto" and that application be made to the Ontario Municipai Board for approval of the undertaking in accordance with proposed By-law No. 74-263 as so amended; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 37 - MANN - SCHISLER - RESOLVED that the unit prices submitted by Anthony DeRose Limited for sewer and watermain installations on Morrison Street be accepted at the tendered price of $22,196.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly No. 38 - CROWE - SCHISLER - RESOLVED that the unit prices submitted by Gulf Oil Canada Limited for the supply of Gasoline, Oils and Lubricants be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 39 - SMEATON - MANN - RESOLVED that a message of condolence be forwarded to the family of the late Dr. William A. McCracken, a respected resident of the Municipality for many years; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly BY-lAWS ORDERED on the motion of Alderman Schisler, seconded by'Alderman Harrigan that leave be granted to introduce the following by-laws and the by-laws be given a first reading: · ..-. z . .'. No. 75-60 - A By-law to amend By-Law No. 75-1 to authorize the borrowing of $4,000,000.00. ~o. 75-61 - A By-law to amend By-law No. 74-149 respecting By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. No. 75-62 - A By-law to authorize the execution of an agreement with Anthony DeRose Limited for the construction of a watermain and sewermain. No. 75-63 - A By-law to authorize the sale of land. No. 75-64 - A By-law to authorize the sale of land in the Falls Industrial Park. Note: The City Clerk advised that section 1 of the by-law should read ato Ludwig S~edersberger a~d Ruth Siedersberger',. · ,,,~,-.Note:. Alderman Crowe declared a ebbEliot.of'Interest &nd refrained from,Voting ,. on this'by-law,,All Members of Council present, including the 'Presiding Officer voted to approve first reading of By-law 75-64, No, 75-65 - A By-law to authorize the sale of land to Hanit Construction Co, Lid, No. 75-66 - A By-law to designate certain land not to be subject to part lot contr~ No, 75-67 - A By-law to repeal By-law No, 71-93A sdopting Amendment No, 50 torthe Official Plan of the Niagara Falls Planning Area. No. 75-68 - A By-law. to authorize the execution of an agreement with Delta Dental Plan of Ontario. L - 9 - No. 75-69 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman biann, seconded by Alderman Stewart that the following By-law be read a second and third time: No. 75-60 - A By-law to amend By-law No. 75-1 to authorize the borrowing of $4,000,000.00. No. 75-61 - A By-law to amend By-law No. 74-149 respecting By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. No. 75-62 - A By-law to authorize the execution of an agreement with Anthony DeRose Limited for the construction of a watermain and sewermain. No. 75-63 - A By-law to authorize the sale of land. No. 75-64 - A By-law to authorize the sale of land in the Falls Industrial Park. Note: Alderman Crows declared a conflict of interest and refrained from voting on this by-law. All Members of Council present, including the Presiding Officer voted to approve second and third reading of By-law 75-64. No. 75-65 - A By-law to authorize the sale of land to Hanit Construction Co. Ltd. No. 75-66 - A By-law to designate certain land not to be subject to part lot control. No. 75-67 - A By-law to repeal By-law No. 71-93A adop~ing~endment No. 50 to the Official Plan of the Niagara Falls Planning Area. No. 75-68 - A By-law to authorize the execution of an agreement with Delta Dental Plan of Ontario. No. 75-69 - A By-law to provide monies for general purposes. Carried UnanimousiT NEW BUSINESS DISTRIBUTION CENTRE Alderman Puttick asked if Members of Council could be provided with a report on the status of the distribution centre. It was moved by Alderman Puttick, seconded by Alderman Mann that staff submit a report on the status of the distribution centre. The motion Carried unanimously. PARKING - CORNER OF LUNDY'S LANE AND DORCHESTER ROAD Alderman Puttick advised that a resident had informed him that arrangements had been made by the Canadian Imperial Bank of Commerce to provide parking for customers using the dental office since the dental office could not provide sufficient spaces. The Alderma~ ~estioned~the Bank's right to make such arrangements. It was moved by Alderman Puttick, seconded by Alderman Mann that staff investigate the matter and submit a report. The motion Carried unanimously. PROPERTY - SOUTHWEST COPa~R OF DORCHESTER ROAD AND LUNDY'S lANE Alderman Puttick stated that the property on the southwest corner of Dorchester Road and Lundy's Lane .' had been rezoned to permit a high-rise apartment building and a commercial building. It was Alderman Puttick's understanding that this property had changed hands again,'and~he felt that the rezoning was simply to appreciate the value of the land. It was moved by Alderman Puttick, seconded by Alderman Smeaton that staff submit s report outlining the order in which this property was purchased, The motion Carried unanimously, GRADE SEPARATION - DORCHESTER ROAD AT C.N.R. TRACKS Alderman Puttick made reference to an item appearing in the minutes of the Niagara Falls Public Services C~anuittee meeting in February'(Page 9~ Item ~2 under New Business) wherein the Regional Municipality of Niagara would be · requesting permission of Regions1 Council to appoint a consulting firm for the design of a 8reds separation on Dorchester Read at the C.N.R. tracks. ~..was pointed out by the Alderman that when the Dorchester Square shopping ..... iO L centre was being considered by Council, this grade separation was a major factor. PARK STREET MARKET Alderman Wallace advised that there is some remaining landscaping work to be done with respect to the market on Park Street. Since monies were included for this work, in particular the removal of a hill presently between the market area and the stores behind plus additional grading, it was moved by Alderman Wallace, seconded by Alderman Crows that staff be directed to submit a report advising Council as to the nature of the work to be completed. The motion Carried unanimously. PROPfEED SOUTH END MARKET Alderman Wallace pointed out that staff had been requested to submit a report to Council on the style,~desiSnand location of the proposed market. The Alderman felt that due to the approaching market season, it would now be an appropriate time for this report to be considered. Alderman Thomson, Presiding Officer, advised Alderman Wallace that the request had been for the market people, staff and the Historical Society to meet and formulate a plan, and report back to Council. It was further advised that meetings had been held, and that a presentation would be made shortly. LETTER OF COMPIAINT Alderman Puttick advised that he had received a letter of complaint from a local resident, and requested that the City Manager investigate the complaints raised. ***** ORDERED on the motion of Alderman Mann, seconded by Alderman Marrigan that the meeting adjourn to Committee of the Whole. READ AND ADOPTED, C'.- / Committee Room~l, April 14, 1975. Council met in Co~ittee of the Whole on Monday, April 14, 1975, following a regular meeting of Council. All Members of Council were present with the exception of Hid ,Worship Mayor George Bukator and Alderman Fete'. Alderman Put~lck ~resided 'as Chairman. Following consideration of the items presented, the. Committee of the Whole arose without report~a~ela, : , 1 r f Mayor Council of the Whole. All Members George Bukator.avl The meeting . ANDADOPTED, Council Chambers, April 14, 1975. following · meeting of the Cou=ulttee the exception of His Worship Mayor presided as Chatrmn. :lerk Mayo~ FOURTEENTH MEETING REGUlAR MEETING Council Chambers, April 28, 1975. Council met on Monday, April 28, 1975 at 7:30 p.m., for the purpose of considering general business. All Members of Council were present.: His Worship :Mayor George Bukator presided as Chairman. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the minutes of the Council Meeting of April 14, 1975 be adopted as printed. UNFINISHED BUSINESS PAL~MR AVENUE EXTENSION Report No. 208 - City Manager - Advising of a by-law appearing on the agenda to authorize an application for approval to expropriate the land for the proposed extension of Palmet Avenue may be given three readings and he passed by Council. Alderman Mann advised that a Mr. Lapp who is a resident in this area was in attendance at the meeting, and may wish to speak to Council on this item. Mr. Lapp stated that his main concern was what was going to happen to his property. The City Manager explained that this project had been going on for a number of years, and that funds have been included in the budget for the project. Fir. Lapp's property will be purchased, but in the meantime, it is necessary to clear exprop~iation for all properties. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that the report be received and adopted. See By-law No. 75-52 WEED CONTROL IN THE CITY OF NIAGARA FALLS Report No. 200 - City Manager - The report requests passing of a resolution to authorize the Weed Inspector to enforce the Weed Control Act. The City Clerk advised that this report had been considered by Council at the meeting of April 14th, but the resolution could not be passed until the appropriate advertisement had been placed in the press. This advertisement has appeared in the press, and it is now in order for the resolution to be passed. Alderman Thomson asked if the fines mentioned in Section 20 of The Weed Control Act have ever been imposed. The City Clerk answered that this question, plus other questions raised by Alderman Stewart have been referred to the City Solicitor for his c~ents. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that the report be received and adopted. See Resolution No. 40 COX~4UNICATIONS No. 29 - Mr. L.J. Saddler - Re: Location of Municipal Monuments. Due to difficulties experienced in the location of a municipal monument, Mr. Seddler is requesting the City to apply to the Minister of Natural Resources to cause a survey to be made under his direction in order that the municipal monument in question may be located relative to other municipal monuments in the area. The City Clerk advised that this is a unique situation which has never come up previously. There is some question as to why the City must bear the cost of locatinS the monument. The City Solicitor has reviewed this Section of the Survey Act and he i~ of the opinion that the location of the monument can be determined from a plan on hand, or from surveyor's notes. it is only when the monument cannot be located by either of these methods that the City becomes involved. Due to the uncertainty ofthe City's involvement, it was suggested that. the matter be referred to staff. The City Engineer advised that the City survey crews had attempted to locate the monument, but their instruments could not find it. Under normal circumstances, the individual would hire a surveyor to have the marker replaced. There are plans available that can be used to replace the monument. Alderman Crows advised that he had seen the plans, and had spoken to R. Blake Erwtn's office regarding this matter. Their office indicated that they would not do the survey until the monument was accurately located. The area has changed since the original plans were made, and the location of the marker could be changed. The City Engineer stated that this was the reason for obtaining the Solicitor's opinion. Following further discussion on this matter, it was ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the matter be referred to staff for further investigation and action. No. 30 - Niagara College - Requesting financial assistance from the City for funding of the Niagara Women's Conference to be held at Niagara College on May 2 and 3, 1975 celebrating the United Nations International Women's Year, 1975. Miss Barbara McManus was granted permission to address Council on the motion of AIderman Schisler, seconded by Alderman Fera. Miss McManus advised that other Municipalities had been approached for financial assistance, and that the City of Welland has granted $300, the City of St. Catharinea has granted $200, and the Town of Niagara-on- the-Lake $100. Both Welland and Niagara-on-the-Lake will be represented by members of their respective Councils. A total amount of $2000 must be raised and although government grants have been requested, no reply Has been received as yet. Miss McManus advised that if Council is unable to give financial assistance, a declaration showing the City's support of the conference would be appreciated. Alderman Puttick stated that Council has a policy in respect to groups requesting financial support in holding certain functions, and this policy has been to turn down such requests. It was the Aldermanes opinion that granting this re,nest would be setting a precedent, and would be unfair in view of Counctl's previous decisions to other groups. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the City Council endorse the holding of the Niagara Women's Conference and that arrangements be made to have a representative of the Municipality bring greetings on behalf of the City. The motion Carried with Aldermen Crows and Stewart voting contrary and all others in favour. No. 31 - Ministry of Culture & Recreation - Re: New Heritage Legislation. Alderman Thomson stated that the handbook suggested the formation of a local'advisory c~ittee to designate buildings and properties of historical signifigance. Since there is an Historical Society in the City and a local historian, this matter could be referred to them, as well as the Planning & Development C~ittee. His Worship Mayor Bukator mentioned the possibility o f having the Toronto Power House used as a museum of Hydro equipment. This is a matter that could be ~efe~=eduto these committees, as well as the Hydro and Parks .Connnissions. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the new Heritage Legislation be referred'to the Historical society and the Planning &Development Committee. No. 32 - Niagara Promotion Association - Re: Blossom Festival - May 9-19, 1975. The Association is requesting 1) Barricades and no parking on variou~ streets for the parade; 2) Usage of Baden Powe11 Park for Model Airplane Races; 3) Use of the City platform for Judges at the International Police Tug of War; 4) Placement of barricades on Queen Street for the Antique Auto Games, Alderman Puttick expressed some concern over the streets to be ~used for the parade. ORDERED on the motion of Alderman Mann, seconded by Alderman'Schisler that the co~nunication be received~ and the request for assistance approved. No. 33 - Chippaws Public Utilities Commission - Requesting the City to issue a debenture in the amount o~ $50,000.00 for capital expenditure in 19~5. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton that the communication be received and permission granted ~or the preparation of an appropriate by-law to~au~horize the capital expenditure.. ' ... - 3- No. 34 - Slovak, Sinclair &Crowe and Report No. 209 - City Manager Re: Request of Mr. Brian Sinclair Lot 39, Registered Plan 160. The report reconmends that written assurance be given to Mr. Sinclair that the City will not exercise its rights of recovery as outlined in the restrictions relating to Lot 39, according to Plan 160 at the present time, provided his client enters into an agreement with the City to construct an industrial building on the lot bf a minimum size and within a time limit to be fixed by Council. Note: Alderman Crows declared a conflict of interest, and did not participate in the vote on this item. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted, and that a time limit of one year be imposed for the construction on this lot. The motion Carried with Alderman Crows abstaining and all others in layout. REPORTS No. 210 - City Manager - Re: 1974 Annual Report. Alderman Thomson thanked the , ~ City Manager for his work in the preparation of an excellent report. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson that the report be received and filed. No. 211 - City Manager - Re: Byelaw 75-57, Rezoning for Senior Citizens Complex Buckley Avenue, Advising that as a result of circulating copies of the by-law, three letters of objection were received. One letter was subsequently withdrawn after an explanation was given to the objector. The report recommends that the two remaining objections be reviewed, and that Council reaffirm its support of the complex and that the objections be forwarded to the Ontario Municipal Board for their consideration. The ~ity Clerk advised that arrangements are being made to have a meeting with the remaining two objectors to discuss and explain the situation. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr that the report be received and adopted. N0. 212 - City Clerk - Report of the Council Committee: 1. Conflict of Interest - A lengthy ~eport of the City Manager was considered regarding the advisability of adopting conflict of interest regulations for municipal employees. Recommendation - That the report be received and filed. Note: Alderman Smeaton voted contrary on this item. 2. Base Course Asphalt Paving in Woodbridge Acres Subdivision - A report of the City Manager was submitted advising that the asphalt paving in Woodbridge Acres Subdivis ion was to be re-tendered, with the work to be completed by the end of June, 1975. Recon~nendation - 'That the report be received and filed. 3. Niagara River Environmental Plan - A report of the Planning & Development Connittee was submitted advising of a study carried out by the Erie-Niagara Counties Regional Planning Board, entitled the Niagara River Environmental Plan. Recommendation - That the Planning & Development Connuittee and Council recommend Co the Erie-Niagara Counties Regional Planning Board that the land uses and proposals for the Canadian side be presented and plotted on all maps produced in this Plan, and that the Canadian counterparts (Regional Municipality of Niagara) to this agency be requested to develop and establish similar policies to improve the overall desirability of the Niagara Frontier and the Niagara Region. 4. Purchase of New Equipment - A verbal report of the Works Engineer on the purchase of a truck by the City which would mean an immediate savings to the City of $2000, at a cost of $18,300. The truck which is equipped with a reversible box will do the work of two trucks. Reco~ai~endatlon - That the verbal report of the Works Engineer be adopted, subject to 100Z warranty com- mencing at 1801 miles, 5. Proposed Sludge Disposal Site - Advisin8 of a discussion held regarding the zoning of the proposed site, which does not permit such a .use. It was indicated by Alderman Thomson that he had been contacted by a property owner in the vicinity of the Welland Chemical Plant willing ~o sell his land for a sludge site. Recommendation - That a letter be sent Co the Regional Municipality of Niagara advising them of the City's desire to co-operate in the location o£ an alternate property for the proposed sludge disposal site. 6. Fencing of Parks - Advising of a discussion held regarding the advisability ~i of requiring developers to pay for the cost of the fe.n~ing of pa'rks in subdivisie~,~ as part of the subdivision servicing costs. Recommendation - That the City Manage prepare a report on the advisability of amending the Declaration of Policy on Subdivisions in order that the cost of the fencing of parks be borne by the developers. 6) ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted. The motion Carried with Alderman Smeaton voting contrary on Item ~1, and all others in favour. No. 213 - City Manager - Re: Resolutions from City of Windsor re: O.M.B. Hearings The report refers to two resolutions received from Windsor dealing with the procedure employed by the Ontario Municipal Board for the hearing of objections lodged against rezoning applications or capital expenditure by-laws. The first resolution suggests that a $50 refundable deposit be paid by an objector, which is forfeited should the objector fail to appear at the hearing. The second resolution suggests that this $50 deposit not be refunded if the reason for objection is found to be frivolous. The report recommends that both ~esolutions be endorsed and copies be sent to the Honourable John Clement soliciting his support. · Alderman Mann advised that he was in agreement with the $50 deposit being paid by an objector, but was opposed to the proposal that the O.M.B. has the right to say whether or not an objection is frivolous. Alderman Smeaton was of the same opinion as Alderman Mann, and felt that such a restriction would remove the right to freedom of speech. Alderman Crowe felt that such a restriction would make a marked improvement over the present system. It was the Alderman*s opinion that the Board would not declare an objection frivolous on the grounds of lack of knowledge on the part of the objector. Such a change would expedite the present procedure. The City Clerk was of the opinion that after seeing the Board in operation, the Board does have the authority to determine an objection frivolous when reaching a decision. What the resolution is aimed at is the situation where a person applies for a rezoning, and a competitor makes an objection simply to delay the proposal. This would discourage these people who simply make an objection without valid reasons. ORDERED on the motion of Alderman Michael, seconded by Aiderman Fera that the . report be received and adopted, and that both resolutions from the City of Windsor be endorsed and copies be sent to theHonourable John Clement'soliciting his support. The motion Carried with the following vote: AYE: Aldermen Crowe, Fera, Marrigan, Michael, Orr, Puttlck, Schisler and Thomson. NAYE: Aldermen Mann, Smeaton, Stewart and Wallace'- No. 214 - City Clerk - Re: Resolutions from Other Ontario'Municipalities. .1) City of Sudbury - Suggesting an amendment to existing legislation in order to more effectively control dogs running at large. --- Rec°n~endation - That the resolution be received and filed and that the concern of this City regarding the advisability of certain sections of the resolution be conveyed to the City of Sudbury. 2) City of Woodstock - Requesting the Province of Ontario 'to amend the Highway Traffic Act to permit municipalities to reduce speed limits in nPsrk Zones" to less than 25 miles per hour. Recc~uendation - That the resolution be endorsed. 3) City of Brampton - Requesting legislation to distinguish between regular service stations and self-serve stations. Recon~endation . That the resolution be received and filed. i,- 4) City of Brampton - Requesting the Province to provide s one-time grant to the seriously handicapped for the purpose of making structural renovstions to their :~ homes. · Reconmmndation - TIme the resolution be endorsed. :~ 5) City of Kingston - Requesting the Provincial Ooverrm~nt tO introduce le isletic ~:empting old-age pensioners from.school taxes, with respect to the dwelling which they presently reside. Reco~mendstion - That the resolution be received and filed. - ~ Town of Deep River - Requesting the Council,~s support of an Ontario-wide net- ~ work to bring high quality television via microwave to most con~nunities of 1,000 households or more. ~ Rec,ms=endaCion - That the resolutioh be endorsed. -5- 7) City of Sarnia - Requesting the Provincial Government to enact legislation to enable effective enforcement of '~top Work Orders" where builders proceed in defiance of municipal by-laws. Recommendation - That the resolution be endorsed. 8) Town of Markham - Regarding a change in Election Day and the Municipal Fiscal Year. Reconnendation - That the resolution be received and filed. 9) City of Brampton - Requesting the Provincial Government to investigate legis- lation to effectively review rent increases. Reconunendation - That the resolution be received and filed. 10) City of Brantford - Requesting that the inspection of hotels be the responsi- bility of local authorities instead of L.C.B.O. Inspectors. Recommendation - That the resolution be received 'and. filed. 11) City of Port Colborne - Requesting an amendment to The Regional Municipality of Niagara Act that regulations and provision for their enforcement on Regional roads be a responsibility of the area municipalities. Recommendation - That the resolution be received and filed. 12) City of Kitchener - Requesting authority to permit municipalities to enact. by-laws requiring mandatory disclosure of campaign fund income and expenditures by candidates running for municipal office. No Reconnnendation - This resolution is for the discussion of Council. Note: Alderman Fera and Thomson voted contrary on Item~8, the resolution from the Town of Markham. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crowe, that items 1 to 11 as outlined in the report be received and adopted. The motion Carried with Aldermen Fera and Thomson voting contrary on Item ~8. Alderman Thomson stated that he was in agreement with the resolution fremKitchener, but felt that the legislation should apply to Federal and Provincial governments as well as Municipal. It was also suggested that limits should be set on the amounts to be spent sn campaigns for public office, which would help control any favouritism. Alderman Puttick was of the opinion that this should start some place, and it should be Niagara Falls. The Alderman felt that' the City Manager should follow up on this matter 'in January of 1976 by setting up a by-law so that candidates must tell who there backers are. Alderman Thomson replied that the resolution is requesting permissive legislation which does not exist at the present time. ~e City Clerk advised that the wording of the resolution is not clear because it states "that the' Province of Ontario be requested to enact enabling legislation so as to permit municipal councils to pass by-laws requiring mandatory disclosures". It does not say in the resolution that the Province be requested to enact permissive or mandatory legislation. Alderman Smeaton felt that such legislation would prevent an elec,ted official f~ombeing controlled by an individual through the "power of the dollar". Alderman Marrigan asked if there was any legislation preventing the City from passing such a by-law. The City Clerk replied that the Municipal Act only allows a municipality to pass such things as they are specifically. permitted ORDERED on the motion of Alderman Puttick, seconded by Aldernmn Mann, that the resolution from the City of Kitchenar be endorsed. The motion Carried with the following vote: .. .~YE: Aldermen Crowe, Fera, Harrigan, Mann, Michael, Orr, Puttick, Smeaton,~Stewart and Thomson. ..NAYE: Aldermen Schisler and Wallace. No. 215 - City Hanager - Re: Exemption from Part Lot Control - Ascot Woods Sub- division. The report advises of a request from the firm of Slovak, Sinclair and Crowe requesting the passing of a by-law to exempt certain lots in Registered Plan N.S. 39 (Ascot Woods) from part lot control. The report reconnends that Council give three readings to the by-law, and that any costs arising from the registration of the by-law following its approval by the Ministry be sssumed by the applicant, Notel Alderman Crowe declared s conflict Of interest on this item, sad did not participate on the vote, '. . . . . report and all be received and adopted. others in favour. See 75-70 -6- No. 216 - City Manager - Amendment to the Plumbing By-law. The report advises of a new fee schedule for the City which is comparable to other municipalities in our area. The report recommends the passing of the by-law appearing on the agends to amend the present fee schedule outlined in By-law No. 6328, 1963. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted. See By-law No. 75-71 No. 217 - City Manager - Re: 1975 Fencing Program. The report reconmends that tenders be called for the supply and installation of fencing on the condition that a contract would be awarded consistent with final budget approval. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe that the report he received and adopted. No. 218 - City Manager - Ra: Regional Traffic and Parking Meter By-laws. The report recommends that these by-laws be referred to the Municipal Parking Committee for their comments and that the Region be advised that City Council comments will be forwarded subsequent to the May 5th Council meeting after the advice of the Municipal Parking Committee has been received. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and-adopted. No. 219 - City Manager - Re: Rental Rates for Arenas - The report recommends that a rental rate of $7 per hour be established as an interim rate for the s,,Dwner use of the Jack Bell surface. Alderman Puttick suggested that a flat rate should be used year-round rather than reduced rates in the summer in order to be fair to the groups using the surface in the winter months, and asked what groups would be using the Arena in the su~w. er. The Projects Engineer advised that basically it would be used by the Minor Lacrosse people who used this facility last year and did pay the higher rate of $12 per hour. This $12 was subsidized by the Recreation Co~misa ion and there was no net gain to the City. This year the Recreation Commission will not be subsidizing this amount, but will agree to subsidize an amount of $4.50. With the new rate of $7 per hour, there will be a net gain to the City of $2.50 per hour. It was further advised that this rate is Just an interim measure, and that a comprehensive report on year-round rates will be submitted by August. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton that the report be received and adopted. No. 220 - Recreation Connuission - Re: Ontario Municipal Recreation Association Conference - May 7th-10th, 1975. The report extends an invitation on behalf of the Connnission to all Members of Council who wish-to attend. ORDERED on the motion of Alderman Mann, seconded by Aideman Thomson that the · report be received and adopted, and that as many Members of Council as possible ,attend. No. 221 - City Manager - Re: Contract S.T. 7-75 Surface Treatment of Roads. The report advises that due to uncertainty in oil prices, it is not possible for contractors to submit firm prices for asphalt emulsion. Since the M.T.C. will not subsidize any additional payment to a contractor because of e scalation clauses, one way to enable contractors to bid is to make provisions in tender documents to allow a contractor to terminate his contract with 30-day written notice in the event his oil supplier changes or cancels his quotation on liquid aspbaltic cement. The M.T.C. has advised that such a clause would be acceptable, provided the unfinished program is re-tendered. The report reco~n~nds provision of such a clause to be incorporated in the tender documents for Contract S.T. 7-75. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr that the report be received and adopted. ' No. 222 - City Nanager - Re: 1975 Netghbourhood Improvement Program. The report advises that Niagara Falls' application ~or $650,000 has received the approval of the senior goverrnnents. It was reco~aended that the report be received aBd filed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the report be received and filed. ' No. 223 - City Clerk - Advisory Report. The report reckends that the Greater Niagara Senior Citizens Association be thanked ~for their invitation to the Senior Citizens Worship Service on Sunday, June 15th, 1975, and that as many Nembers of Council as possible attend; that approval be 8ranted to the Niagara Palls Family Y.M.C.A. to erect a Beer Gar4en at the first Annual Blossom Festival Slow Pitch Tournament subject to the approval of the L.C.B.O., Niagara District Health Unit, Fire and Police Depart~nents; that approval be granted to the Canadian Corps Association to hold their 30thAnnual Parade to the Niagara Falls, New York Cenotaph on June 7th, 1975. OiE~BED on the motion of Alderman Thomson, seconded by Alderman Crows that the b leDore e received and filed. 7 No. 224 - Loan Review Connittee - The report reconuends approval .of four appli- cations for assistance under the Ontario Home Renewal Prograrmne. ORDERED on the motion of Alderman Crowe, seconded by Alderman Smeaton that the report be received and adopted. No. 225 - City Clerk - Reconunending approval of Municipal Licences. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the report be received and adopted, and litantes granted. No. 226 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Crows, seconded by Alderman Fera that the report be received and adopted. No. 227 - City Manager - Re: Ontario Association of Fire Chiefs. The report recommends that Fire Chief S.C. Thomson, Deputy Fire Chief 3. Barr, Area Chief G. Somerville, Area Chief T. Smith and Area Chief D. Stickel be authorized to attend the annual conference of the Ontario Association of Fire Chiefs to be held in Niagara Falls from May 4th to 7th, 1975. NOTE: Alderman Thomson declared a conflict of interest and abstained fromvoting on this matter. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. The motion Carried with Alderman Thomson abstaining and all others in fayour. RE S OLUT IONS No. 40 - MANN - MICHAEL - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause the noxious weeds or weed seeds on any subdivided portions of the Municipality, and lots not exceeding ten acres whether or not the lots are part of a subdivision, to be destroyed in the manner prescribed in the regulations made under The Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 41 - SCHISLER - MICHAEL - RESOLVED that the Corporation of the City of Niagara Falls hereby certify that the application of Double M Realty Limited for the fezcuing of property known as Part Township Lot 60 and located at the easterly extension of Vine Street conforms to the Official PlanAmendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; ANN the Seal of the Corporation be hereto affixed. NOTE: Alderman Crowe declared a conflict ofFinterest and abstained from voting. Carried with Alderman Crowe abstaining ~'BY-IAW~ ORDERED on the motion of Alderman Michael, seconded by Alderman Orr that leave be granted to introduce the following by-laws and-the by-laws be given a first reading: No. 75-70 - A By-law to designate certain land not to be subject to part lot control. (Ascot Woods Subdivision) Ne. 75-71 - A By-law to amend By-law No. 6328, 1963, being th~ Plumbing By-law. No. 75-72 - A By-law to authorize an application for approval to expropriate land for the purpose of the extension of Palmet Avenue from Jepson Street to Ontario Avenue. No. 75-73 - A By-law to provide monies for general purposes. NOTE: Alderman Crowe declared a conflict with respect to By-law No. 75-70 and abstained from voting. ORDERED on the motion of Alderman Michael, seconded by Alderman Orr that the following By-laws be read a second and third time: No. 75-70 - A By-law to designate certain land not to be subject to part lot control. (Ascot'Woods Subdivision) NOTE: Alderman Crowe declared a Conflict with respect to By-law No. 75-70 and abstaihed from voting. -8- No. 75-71 - A By-law to amend By-law No. 6328, 1963, being the Plumbing By-law. No. 75-72 - A By-law to authorize an application for approval to expropriate land for the purpose of the Extension of Palmet Avenue from Jepson Street to Ontario Avenue. No. 75-73 - A By-law to provide monies for general purposes. Carried with Alderman Crows'abstaining on By-law 75-70 NEW BUSINESS WATER LEVEL - LYONS CREEK Alderman Smeaton advised that on a recent boating trip on Lyons Creek, he had noticed that the water level was at least one foot lower than it had been last October. Since a great deal of money is being spent on maintaining green belt areas along water ways, it was the Alderman's opinion that steps should be taken to ensure that the water level is raised. His Worship Mayor Bukator explained that when the Federal Government had installed a pumping station near they foot of Lyons Creek at the new Welland Canal, this problem had been solved. However the first obstruction coming from the new canal is at Cooks Mills where two new culverts have been installed under the road. When these culverts fill with debris, then the water level raises to the point where the pumps at the pumping station cut out. If the Creek were to be cleaned out of obstructions, the water level would riSe-to the normal level. The Mayor suggested that it would be in order for Council to pass a resolution to contact the Seaway Authority and the Conservation Authority in order that the Creek can be cleared of obstructions. Another problem occurs when the Hydro draws water. This lowers the level of the water considerably, and it was suggested that the Cityss Engineers look into the matter of providing some kind of well so that when the Rydro does draw water, the water level in the Creek will not drop as much. It was moved by Alderman Smeaton, seconded by Alderman Schisler that e resolution be passed requesting the Seaway Authority and the~Conservation Authority to clear Lyons Creek of obstructions. The motion Carried unanimously. PARKING OF TRACTOR TRAII~RS - BRIDGE ST. AND RIVER ROAD AREA Alderman Thomson referred to recent problems experienced by tractor-trailers parking on Bridge Street from Erie Avenue to River Road, and on River Road near the intersection of Bridge Street. Although there have been no particular problems in the last few weeks, the Alderman suggested that a report be submitted at the next meeting indicating whether the a~roblem has been solved permanently, and a proposed resolution from the City Clerk requesting the Federal Government to police the compound area so that trucks entering and leavin~ the area can be looked after as quickly as possible. Alderman Mann suggested that one reason no problems had been experienced recently was due to the fact that there were not as many trucks using the facilities. It had been brought to the Alderman~s attention that last week, two or three' truckers had parked in the parking lot now used by the Transit Conunlssion, and had been asked to pay for the use of the facilities. The Alderman asked if this ailegation could be investigated. His Worship Mayor Bukator advised that he would be meeting with Mr. McNahon, and he would discuss, the matter with him. It was moved by Alderman Thomson, seconded by Alderman Mann that a full report be brought in on this matter, and that a proposed resolution be submitted by the City Clerk requesting the Federal Government to police the compound area at the Bridge Commission facilities. The motion Carried unanimously, MINUTES OF AREA I~CREATION BOARD I~ETINCS Alderman Puttick commented on sn item appearing on PaSe 4 of the Recreation C~ission minutes suggesting that Members of Council may wish to receive copies of minutes from meetings of the various Area Recreation Boards. It was moy. e~, t -9- by Aideman Puttick, seconded by Aideman Mann that Members of Council continue to receive only the minutes of the Recreation Commission meetings. The motion Carried unanimously. CITY PRESS ADVERTISEMENT Alderman Puttick commented on a recent advertisement placed in the Review in connection with an industrial section of the newspaper. Apparently the advertise- ment showed a picture of an envelope addressed to Niagara Falls with a caption "still the world's best known address". The Alderman felt that the advertisement was very poor, and suggested that Council should have had some input into the preparation. The City Manager advised that the intent of the advertisement was that it be kept simple this year. Alderman Michael was of the opinion that such matters should be handled by staff, and that it would be difficult in getting input on such matters from twelve elected officials. It was further, pointed out by Alderman Thomson that the City Manager is authorized to approve matters of this nature up to a cost of $2500. GRASSY BROOK PARK Alderman Wallace suggested that a report should be submitted to Council outlining the work to be done in developing the park, as well as the costs and a time table. The City Manager advised that a report was to be submitted at budget time on this matter, but it could be considered earlier. It was moved by Alderman Wal.lace, seconded by Alderman Thomson that a full report on the status of Grassy Brooks Park be submitted for Council's consideration at the next meeting. The motion Carried unanimous ly. ORDERED on the motion of Alderman Ma n seconded by Alderman Orr that the meeting adjourn to Committee of the Whole k~a. READ A 0PTE , C~ MAYOR Committee Room#I, April 28, 1975o Council met in Committee of the Whole on Monday, April 28, 1975 following a regular meeting of Council. All Mpmhers of Council were present. Alderman Smeaton presided as Chairman. c Following consideration presented, the Committee of the Whole arose without READ ADOPTED, Council reconvened in open of the Whole. All Members were present. as Chairman. Council Chambers, April 28, 1975. Ion following a meeting of the Committee His Worship, Mayor George Bukator presided The meeting adjourned, - *', "'" m v FIFTEENTH MEETING Council Chambers May 12, 1975. REGULAR MEETING Council met on Monday, May 12, 1975 at 7:30 p.m., for the purpose of considering general business. All Members of Council were present. His Worship Mayor George Bukator presided as Chairman. Alderman Wallace offered the Opening Prayer. WELCOME His Worship Mayor Bukator welcomed members of a delegation present in conjunction with a programme undertaken by the Y.W.C.A. to cultivate greater public interest in civic affairs. The delegation was represented by Mrs. Emma Bearss, a former member of Council. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the minutes of the Council Meeting of April 28, 1975 be adopted as printed. UNFINISHED BUSINESS OFFICIAL PLAN AMENDMENT NO. 74 - GULF OIL CANADA LTD. Report No. 228 - Planning &Development Committee - The report recon=nends that Official Plan Amendment No. 74 for Culf Oil Canada Ltd. be refused. Mr. A. Sheppard was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Orr, on behalf of the applicant. Mr. gheppard, speaking on behalf of the applicant, explained that the proposed gas bar would be an improvement over the existing row housing on this corner, and for this reason, depreciation of the properties in this area will not occur. Photographs showing the existing row housing, and the proposed gas bar were distributed to members of Council. It was Mr. Sheppard's opinion that the Planning staff had been right, and the Planning &Development Conunittee wrong in principal, and in their thinking that increased traffic on McLeod Road will result from this proposal. This land is zoned in part as industrial, and Gulf Oil will go along with this. In response to Council's policy of minimizing retail gasoline outlets, the applicant will be removing their station on the corner of Drun~nond and McLeod Roads, and it was further advised that s site plan was presently on display for this property in City Hall. Gulf Oil is a good corporation, and has complied with Council's require- ments. A citizen of Niagara Falls, some twenty years ago was far-s ighted enQugh to realize that a new system of gasoline marketing was necessary. This citizen was the late Mr. Bill Gunning. Gulf Oil as his successor, will follow his foresight in attempting to carry out his policies in this area. Mr. R. Lewandowski was granted permission to address Council on the motion of Alderman Crows, seconded by Alderman Fera. Mr. Lewandowski advised that he represented approximately one hundred and eight persons residing in the i~nediate area, some of whom are home owners and service station owners. These people have invested a great deal in the City through taxes, and have a right to be heard. Their opposition is based on a number of reasons. There is no need for another service station in the area since there are two presently at the intersection, and within a mile and a half, there are seven or eight more. The service stations which supply an essential service to the public, cannot support themselves by repairs alone, and since they cannot compete in gas sales. against a gas bar, they would go out of business creating a loss of Jobs for their employees. The gas bar will not do anything for the residents in the area, and will only serve transient people passing through the City. In response to Gulf 011's claim that they would be closing the service station at the corner of Drummond and McLeod Roads, this is only being done because it is an unprofitable venture. The Planning &Development Committee rejected the proposal twice. It was felt that Gulf 0il will only remain in this location as long as it is profitable. The row housing in the area has been condemned, and will be removed. It was suggested that the site could be ~sed for a purpose that would be of more benefit to the residents in the area. Alderman Thomson'stated that the problem had come up before, and Council can control the number of service stations and gas bars through rezonings, and agreed that. the row housing is condemned and that steps should - 2- should be taken to have the property demolished. It was also mentioned that gas bars employ few people, and have little assessment. Alderman Mann favoured the proposal for three reasons, 1) the Planning Administrator recommended it; 2) there are no other alternatives on what the property could be used for, and the City would have no control over what would be put there; and 3) this is the only business in the City that Council is trying to control, there are no controls on any other type of operation. ' Alderman Puttick felt that due to increased overhead costs on labour, heating and electricity, that the two existing service stations on this corner will be forced to close eventually. The Alderman also felt that gas bars do provide employment throughout the City, and mentioned the fact that the City is constantly promoting new industry in Niagara Falls. Alderman ameston agreed with bit. Lewandowski'~ comments that should the business prove to be unprofitable, Gulf Oil will close the gas bar. Re further con~nented that even though the Planning Administrator recommended the proposed use, Council does not have to concur with every recommendation made by staff. Alderman Fern was of the opinion that the will of the people should prevail on this matter. Alderman Michael stated that there had been no further arguments presented to sway his opinion in this matter. It was his opinion that it is the~ democratic system to have competition, and felt that if business failed, any owner would close. As far as the traffic was concerned, the transient people mentioned by Mr. Lewandowski would only be present for three months of the year, and in any event, Niagara Square will be creating additional traffic in this area. Alderman Orr stated that although he had the highest respect for staff, he could not see the need for three outlets on three corners of the same intersection, and felt that he should go along with the wishes of the residents. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Wallace that Council uphold the recommendation of the Planning & Development Committee as outlined in the report, and that Council'a decision of March 17, 1975 with respect to this application be rescinded..The motion ~arFied with the following vote: A,YE: Aldermen Fern, Harrigan, Orr, Smeaton, Stewart, Thomson and Wallace. NAYE: Aldermen Crowe, Mann, Michael, Puttick and Schisler. : DISPOSAL. OF FALLSVIEW F.IRE,~NALL ~ - Report No. 229 o City Manager - The report recommends that quotations be invited for the purchase of the Fire Hall. Due to the questionable zoning of the property.!' it will be necessary for persons submitting offers, to include a statement regarding the proposed use of the land, and the offers should be subject to a ~ondition that the property be fezcued.in order to permit the proposed use. Any proposed use will have to be one that is acceptable to Council. Alderman Smeaton advised that he had spoken to Mr. Zupan of the Fallsview Hose Brigade, who had informed that the Brigade had no objection to the report's recommendation. Alderman Stewart advised that he would vote against the recomendation because he felt it was not fair to the Brigade. The Glenholme Fire Hall had only involved a small amount of money, and it was the 'Aideman% opinion that the Hose Brigade should be given the same consideration. Alderman Wallace asked for a clarification on the questionable zoning referred to in the report. The City Manager advised that this' is a case where there is no zoning on the land. The former school on Lundy's Lane was another example where no zoning had existed on a property. This is the reason for the recommendation that the property would not be sold unless Council was in agreement with the suggested use. ORDERED on. the motion of Alderman Smeaton, seconded by Alderman Thomson that the report be received and adopted. The motion pp~.ried with Aldernmn Stewart ' voting contrary, and all others in favour. COMMUNICATIONS NO. 35 - Mr. Thomas Newton - Requestin8 that Council honour the Niagara Falls Lions Midgets baseball team, winners of the. Canadian Championship. - 3 - Alderman Thomson advised that Council had received criticism in the past, for not paying special attention to teams that had acquired national recognition. Although the Dinner of Champions is held to honour teams, perhaps a co~nittee could be set up to investigate different means of honouring such people. Alderman Puttick felt that some action should be taken now, to ensure that this team is honoured, and suggested that the City Manager should bring in a report on an appropriate gift. Alderman Schisler pointed out that if Council is going to go back eight months to honour this team, what about teams prior to that date. Alderman Crowe stated that he was in fayour of the suggestion, but felt that such a policy should not be restricted to national champions only. There are Provincial and Regional champions as well, and it was felt that the extent of the recommendation was too narrow. Aldernmn Mann suggested that if the field was to include Provincial champions, Ontario Scholars should be recognized as well, however in doing this, you open the door to several hundred people. The Alderman felt that Council's duty is to provide services for taxes paid~ and questioned the extent of the motion. Alderman Smeaton suggested that the Recreation Con~nission is set up to deal with these matters, and felt that a policy should be made. Alderman Wallace felt that the issue was being confused, and that although a policy was needed on future champions, a decision should be made on this particular request. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fete, that the City Manager meet with officials of the Lyons Midgets Baseball Team, and report back.to Council regarding suitable recognition for the team. No. 36 - Niagara Regional Historical Council - Expressing opposition and concern regarding the proposed apartment development on the lands adjacent to Drummond Rill Cemetery. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the Niagara Regional Historical Council be advised of the City's negotiations with the Ministry of Culture and Recreation in the preservation of this site, and that their letter be used to support the City's requests. No. 37 , Regional Municipality of Niagara - Re: Traffic Operations Study. The communication advises of a meeting to be held o~ May 15, 1975, at which time DeLeuw Cather will present the "Niagara Falls Traffic Operations Study", and extending an invitation to Members of Council and staff to attend. ORDERED on the motion of Alderman Thomson, seconded by Aldermap Mann, that the communication be received and filed, and that as many Members as possible attend. No. 3g - G. & A. Holdings Inc. - Advising of the availability of parking for approximately five hundred and fifty cars in the Clifton Hill - Falls Avenue areas within the next few weeks, and requesting improved s.4gning for the new parking lot. Alderman Crows expressed concern over the City subsidizing the costs of signing for a private enterprise with taxpayers' dollars. Alderman Thomson advised that the Parking Committee had attempted to improve parking in this area for several years, and had. contacted several of the large motel/hotel owners in the area in this regard without success. Since a private concern is willing to provide parking, it was felt that any co-operation would he beneficial. Mr. non Perkin, General Manager of G. & A. Holdings advised that his firm would pay for the cost of the signing. It was further explained by the City Engineer that in 1966, Council approved this procedure, and stated that meetings will be held With the Region to get their approval for the signing. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that staff be authorized to meet immediately with the Regional authorities to provide the necessary signing. No. 39 - Downtown Business Association - Re: Antique Car Display. Permission is being requested to have Queen Street blocked off from Erie Avenue to St. Lawrence Avenue between 1:00 p.m. and 5:00~p.m., and the block bounded by St. Clair Avenue and Cryslat Avenue roped off as a spectator barrier in con- Junction with the Antique Car Display on May 1~, 19~5. ORDERED on the motion of Alderman Thomson, seconded by Aideman Smeaton, that the communication be received, and the requests approved. No. 40 - Chamber of Commerce - Requestin8 that a study of the need for the services required ~r homeless men. AND, No. ~1 - Social Planning Council - Advising of the Social Planning Council's :;intentions to carry out a study of transient and indigent ~ersons. -4- Alderman Wallace asked if the City would be paying for the study, or if the cost would be included in the Social Planning Council's budget. Mr. M. Stewart was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Thomson. Mr. Stewart advised that the cost of the study will be paid out of the operating budget, and that students, staff and himself would carry out the work. Much of the information for the study is presently available from local sources, and the study will not be a costly venture. Any input that Council may wish to make on the study would be appreciated. Reverend Peter Darch was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Fern. Reverend Darch advised that the letter written by himself from the Chamber of Commerce, was written in support of the action taken on this matter. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the communications be received and filed. REPORTS Report No. 230 - City Clerk - Re: 1975 Non-Union Salaries. The report recommends that in order to ratify decisions reached by Council in meetings of Cueunities of the Whole, that the report of the CityManager, including the attached schedule as modified by Council, be adopted and become effective January I, 1975. It is further rectumhanded that the by-law appearing on the agenda regarding benefits be given three readings and passed by Council. During discussion of the matter, some members of Council expressed their personal opinions regarding the proposed salaries. It was moved by Alderman Puttick, seconded by Alderman Mann that the report be referred to budget discussions. The motion was DEFEATED with the following vote: AYE: Aldermen Mann and Puttick. NAYE: Aldermen Crows, Fern, Harrigan,-Michael, Orr, Schisler, Smaaton, Stewart, Thomson and Wallace. It was then moved by Alderman Sineaton, seconded by Alderman Harrigan that the report be received and adopted. The motion Carried with the following vote: NO~E: Alderman Thomson declared a conflict of interest because of his relationship · with the Fire Chief, S.C. Thomson. AYE: Aldermen Crowe, HerrlEan, Michael, Orr, Schisler, Smeaton and Wallace. ..N~YE: Aldermen Fern, Mann and Puttick. See By-law No. 75-75 Report No. 231 - City Manager - Re: Shortage of Parking Facilities for Trucks, Whirlpool Rapids Bridge Exit. The report refers to a previous report, meetings and discussions on this matter, and points out that the responsibility for a solution rests primarily with the trucking industry. It was advised that City staff would co-operate ~=]x~ may Ways~basihle~to help, in re~olv~ng:;thprpVeb~em. Alderman Thomson advised that the problem still existed, even though the Transit Commission had provided parking at a small fee, and the ParkgL Commission had provided additional parking in front of the Customs compound. Alderman Snmaton stated that the Peace Bridge and the Queenston- Lewis ton Bridge did not experience this problem because they had adeqhate parking spaces provided for the trucks. If these authorities provide their own parking, why does the Niagara Falls Bridge Commission state that parking is not their responsibility. His Worship, Mayor Bukator pointed out that the problem is that these truckers wtll not purchase Ontario plates, which would enable them to drive in Ontario. It was pointed out that Council could not ask the police to ignore persons driving in Ontario without Ontario plates. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and filed, and that the Niagara Parks Commission be requested to permit permanent parking on the west side of River Road, and further that e .reSolutiOn' be. forwarded to the Federal Government requesting improvements to the compound ares, painting of lines indicating parking spaces, end policing of the area. itsport No. 232 - City Manager - Re: Development of Grassy Bro~)k Park'. The report outlines · the development of the park rodate, listing expenditures and subsidies received. Alderman Wallace felt that the report did not contain all of JL - 5 - the information originally requested. It was felt that a time table should be made of the work to be done, along with the costs, and that as much work should be done this year as possible in view of the subsidies available. The City Manager explained that the report was of a preliminary nature, and that further information would be available during budget discussions. It was moved by Alderman Puttick, seconded by Alderman Orr that the report be received and filed. The motion Carried with the following vote: AYE: Aldermen Crows, Fern, Mann, Orr, Puttick, Schisler, Smeaton, and Thomson. NAYE: Aldermen Harrigan, Michael, Stewart and Wallace. Report No. 233 - City Manager - Re: Vacant Lots in Stamford Industrial Park, Plan 160. The report outlines the remaining vacant lots in this subdivision, and those for which a. restriction for the construction of building within a specified time exists. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis ler that the report be received and filed. Report No. 234 - City Manager - Re: Proposed Plan of Subdivision - Falls Industrial Park Extension. The report recommends that the proposed subdivision be approVed .as' outlined in the proposed plan, and that the usual questionnaire be completed and returned to the Ministry of Housing. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr that the report be received and adopted. See Resolution No. 46 NOTE: Alderman Crowe was not present when the vote was taken on this matter. Report No. 235 - City Manager - Re: Licencing of Trailer Camps. The report recomnends 1) That By-law 6325 be reactivated and that a monthly litante fee of $15.00 per lot be applied to trailers and mobile homes within the City. 2) Inasmuch as no fee, either in the form of taxation or s per lot levy has been collected during 1975, that the re-imposition of the per lot fee be made retroactive to January 1, 1975; 3) That the $15.00 per lot monthly fee be increased to $20.00 as of January 1, 1976. Alderman Michael questioned the retroactive charges to January 1st, 1975, and whether this should be done. The City Manager advised that the charges were made retrosctive because the mobile home owners have not paid anything for the services provided by the City since January 1, 1975. This fee is reasonable, and had been in effect for nine years. Alderman Thomson asked if the $20.00 increased fee was comparable with other municipaliSles in the area. The City Manager replied that other municipalities had not been contacted in this regard. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the ~eport be tabled until further information is available. NOTE: Aldermen Crowe and Wallace were not present when the vote was taken on this matter. Report No. 236 - City Manager - C.F.M.M. and C.A.M.A. Conferences. The report recommends that the Mayor, City Manager and one aldermanic representative be authorized to attend the Canadian Federation of Mayors and Municipalities Annual Conference in LondOn, from June 1st to June 5th. It further recommends that the City Manager be authorized to attend the ]oint:~onference of the Canadian Association of Municipal Administrators and the Ontario Municipal Administrators Association in London, from May 29 to May 31. ORDERED on the motion of Alderman Mann, seconded by Alderman 0rr that the Mayor, City Manager and one aldermenic representative be authorized to attend the Annual Conference of the Canadian Federation of Mayors and Municipalities. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the City Manager be authorized to attend the Joint conference of the Canadian Association of Municipal Administrators and the Ontario Municipal Administrators Association. The motion C~arried with Alderman'Puttick voting contrary, and all others in favour~ Report No. 237 - City Manager - Sylvia Place Market. The report outlines the status of the proposed Sylvia Place Market. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler, that the report be received and filed. Report No. 238 - City Manager - Re: Execution of an Easement Agreement with Ontario Hydro for a 12" Sanitary Sewermain to service Dorchester Gardens Subdivision. The report reconnends that the by-law appearing on the ageads _ _ to authorize the agreement be given three readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. See By-law No. 75-76 Report No. 239 - C{ty M~fiager .- Re: Amendment to Part VIII (Bill C~461),~National Housing Act. The report recommends that the three resolutions appearing on the agenda authorizing the submission of applications for C.M.H.C. grant or financing for storm sewers on Thorold Stone Road, Stanley Avenue and Church's lane be passed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and adopted. See Resolutions 43, 44 and Report No. 240 - City Manager - Re: Depressed Garages in Subdivisions. The report refers to a design of house with the garage forming part of the structure being constructed approximately 4' lower than the adjacent ground. In order to accen~nodate storm drainage of the garage, sump pumps can be installed to pump the discharge onto the 0wner's property or to a nearby storm sewer, and the installation of a storm sewer connection from the garage to a nearby storm sewer. lotion of storm sewer laterals to the storm sewer system in this area. The report recommends that in future, developers indicate their desire for this type of requirement to the City, so that the storm sewer system can be designed to accommodate this type of proposal. Alderman Thomson questioned the use of sump pumps as a solution to the problem. The City Engineer advised that the pumps will have adequate capacity, and that these are used in other municipalities when this type of home is involved. It was further advised that the use of sump pumps is not recommended as a general policy, but only to accommodate this particular subdivis ion. Alderman Michael was critical of this design of ho~se, stating that in the winter, it was very difficult to drive a car into the garage, and felt that this type of ~esign should not be permitted. The City Engineer stated that this design was very popular, and ~hat as long as the plans .mat the standard~ in the Building Code, the City must issue a permit. It was moved by Alderman Puttick, Seconded by Alderman Stewart that the report be received and adopted. The motion Carried with the following vote: AYE: Alderman Crows, Harm, Orr, Puttick, Schisler, eaton, and Stewart. , Sm NAYE: Aldermen Fete, Michael, Thomson and Wallace. NOTE: Alderman Harrigan retisrlsde~teaiu~het~eee~ng.was tak~d on t~,~-~!.'~r Report No. 241 - City Marmger - Re: Hot Water Heating System at Stamford Arena. The report r,ecommend, that the quotation Of NcRae Plumbing and Heating be accepted for the supply and installation of a hot water heating system at J Stamford Arena. ORDERED on the motion of Alderman ThomsOn, seconded by Alderman ~era, that the report be received and adopted. ' Report No. 242 - City Manager - Re: Contrsct S.S. 3-75, Storm Sewer Construction on Thorold Stone Road. The report recommends that the unit prices submitted by Damore Brothers Ltd. be accepted, and that the City's share of the 'Thorold Stone Road storm sewer project estimated in the amount of $107,400 be charged against the Expansion & Renewal Fund, with the authorizing by-law to be given three read lngs. NOTE: Alderman Fern declared a conflict of interest and abstained from voting on this matter. ' ' ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. The motion Carried with Alderman Fers abstaining' end .all other8 in fayour. ~ ' See By-law No. 75-78 See Resolution No. Report No. 2~3 - _City Manager * Re: Contrast A,C, 5-75, Asphalt Over~ay. The report recoemends that the unit prices submitted by Steed & Evans Ltd. be accepted, subject to the deletion of Relawate Avenue, Heywood 'Avenue and Brook- field leteat from the aspbelt overlay program. ORDERED on 'the marion of Aideran Mann, seconded by Alderman Orr, that the report be received end adopted. ' See B -lsw No. 7547 See Resolution No - 7- Report No. 244 - City Manager - Re: S.R. 6-75, Sidewalk Repairs. The report reco~m~ends that the unit prices submitted by Kerrio-Germano Ltd. be accepted. ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that the report be received and adopted. See By-law No. 75-80 See Resolution No. 49 Report N9. 245 - City Manager - Re: Contract S.T. 7-75 - Surface Treatment of Streets. The report recommends that the unit prices submitted by NorJohn Con- tracting Ltd. be accepted. ORDERED on the motion of Alderman Crowes seconded by Alderman Schisler, that the report be received and adopted. See By-law No. 75-79 See Resolution No. 50 Report No. 246 - City Manager - Re: Tender Specifications for Rental of landfill Site Equipment. The report refers to discussions held with several contractors who had tendered on the landfill Site equipment, regarding revisions to tender specifications. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that the report be received and filed. NOTE: Alderman Harrigan returned to the meeting. Report No. 247 - City Manager - Re: Clay Cover Material at City landfill Site. The report recc~m~ends that the price quoted by Willinger Systems Inc. for clay cover material at the City landfill Site be approved. It is further recommended that the agreement with this firm dated June 25, 1973 be amended accordingly. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows that the report be received and adopted. Report No. 248 - City Manager - Re': T.V. Sewer Inspection & Hydraulic Cleaning of Sewers and Culverts. The report recozanends that the tender submitted by Sanitank Inc. for T.V. inspection be accepted. It is also recommended that the tender submitted by Juhlke Thuro Ltd. for hydraulic cleaning of sewers and culverts be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 51 Report No. 249 - City Manager - Re: 1975 Capital Budget. The report refers to informa~ion requested by the Regional Municipality of Niagara with respect to the 1975 Capital Budget~ together with suggested explanations with respect to the pertinent items in the Capital Budget. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that .the report be received and adopted. NOTE: Alderman Fera was absent when the vote was taken on this item. Report'Ho.. 250 - City EaStgear - Re: Joint Annual Conference '~ater Resources and ~he Enviromnent' P.C.A.O., O.M.W.A. and A.W.W.A. - Ontario Section. The report outlines the proceedings of the conference. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the report be received and filed. NOTE: Alderman Fera was absent when the vote was taken on this item. Report No. 251 - City Manager - Re: Site Plan Approval, Block "F", Plan NS-15, Heritage Subdivis ion. The report recommends approval of the site plan as sub- mitted .... NOTE: Alderman Crowe declared a conflict of interest and abstained from voting on this matter. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Michael that the report be received and adopted. Report No. 252 - City Manager - Re: Distribution Centre, Garner Road.. The report advises on the status of the proposed Distribution Centre. The City Manager and City Engineer provided clarification on several points raised by members of Council. ORDERED on the motion of Alderman Seaton, seconded by Alderman Puttick~ that the report be received and filed. Report No. 253 - City Clerk - Advisory Report. The report reco~nnends that the request of the Greater Niagara Senior Citizense Asaociation to have the week of June 15th to 21st, 1975 proclaimed as Senior Citizena! Week be epproved; that the request o~ the Registered Nurses~ Association of Ontarioto have the week -8- of June 1st to June 7th, 1975 proclaimed as "Nurses' Week" be approved; that the request of the Niagara-District Fire Fighters Association to erect a beer tent on June 20th and 21st, 1975 in conjunction with their annual convention be approved, subject to the Association receiving the approval of the L.C.B.O., the Niagara District Health Unit, Fire and Police Departments; and that the conmunication from the Ministry of Transportation & Communications advising of an advance subsidy payment of $370,500 be received and filed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and filed. Report No. 254 - City Manager - Advising of Building Permits issued for, the month of April, 1975. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and filed. Report No. 255 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Crows, seconded by Alderman Fern, that the report be received and adopted, and licences granted. Report No. 256 - City Manager - Recom-~nding payment of Municipal Accounts. ORDERED on the motion of Alderman Smeaton, seconded by Aldernmn Crowe, that the report be received and adopted. RESOLUTIONS It was moved by Alderman Mann, seconded by Alderman Smeaton that the next meeting of Council Conunittee of the City of Niagara Fails be held on Wednesday, May 21st, 1975 toEmeeting at 3:00 p.m. The motion was Defeated with the following vote: ATE: Aldermen Marrigan, Mann, Orr, Smeaton, Thomson and Wallace. NAYE: Aldermen Crowe, Fera~ Michael, Puttick, Schisler, Stewart and Mayor Bukator. No. 42 - PUTTICK - MICHAEL - RESOLVED that the next meeting of Council Committee of the City of Niagara Falls be held on Tuesday, May 20, 1975, conm~encing at 3:00 p.m.; AND the Seal of the Corporation be hereto affixed.' ATE: Aldermen Crowe, Fern, Michael, Puttick, Schisler, Stewart and Mayor Bukator. NATE: Alderman Harrigan, Mann, Orr, Smeaton, Thomson and Wallace. Carried No. 43 - THOMSON - STEWART - RESOLVED that whereas Bill C-46 was enacted on March 26th, 1975, amending Part VIII of the National Houaing Act; AND WHEREAS trunk storm sewer aye tems designed to open up new residential areas are now eligible for C.M.H.C. financing; NOW THEREFORE BE IT RESOLVED that application be made for a C.M.H.C, grant for the construction of trunk storm sewers of sizes varying from 27 inches to 54 inches in diameter on Thorold Stone Road from the Q.E.W. to s point epproximately 500 feet east of Dorchester Ro~d; AND the Seal of the Corporation be'hereto affixed. Carried Unanimously No. 44 - THOMSON - STEWART - RESOLVED that whereas Bill C-46 was enacted on March 26th, 1975, amending Part VIII of the National Housing Act; AND WHEREAS trunk storm sewer systems designed to open up new ~esidential areas are now eligible for C.M.H.C. financing; NOW THEREFORE BE IT RESOLVED that application be made for a C.M.H.C.. loan to finance the construction of an 84 inch diameter trunk storm sewer from the H.E.P.C. Cans1 outlet through an Ontario Hydro easement and then on Stanley Avenue from the easement to Church's Lane; AND the' Seal of the Corporation be hereto affixed. Carried Unanimously No.. 45 - THOMSON - STEWART - RESOLVED that whereas Bill C-46 was enacted on March 26th, 1975, amending Part VIII of the National Housing Act; ANDWHEREAS trunk storm sewer systems designed to open up new residential areas are now eligible for C.M.H.C. financing; NOW THEREFORE BE IT RESOLVED that application be made for a C.M.H.C. loan to finance the construction of a 54" and 84" diameter trunk storm sewer on Church's Lane from Stanley Avenue to St. Paul A~enue; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 46 - MANN - ORR - RESOLVED that the Couucil of the Corporation of the City 9 of Niagara Fells hereby certify thst the application of the City of Niagara Falls for the rezoning of property known as Part Township Lots 215 and 216 and located at the northwest oorner of KisSer Road and Chippawn Parkway conforms tO the Official Plan Amendment No. 28 of the Niagara Falls Plannio~ Area, as amended sad approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 47 - MANN - THOMSON - RESOLVED that the unit prices submitted by Damore Brothers Limited for storm sewer construction on Thorold Stone Road be accepted at the tendered price of $242,969.20, and that the City's share of the Thorold Stone Road storm sewer project be charged against the Expansion and Renewal Fund; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Fern abstainin~ No. 48 - MANN - ORR - RESOLVED that the unit prices submitted by Steed & Evans Limited for the 1975 asphalt overlay program be accepted at the tendered price of $124,745.00, subject to the deletion of Delswsre Avenue, Heywood Avenue and Brookfield Street; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 49 - ORR - SCHISLER - RESOLVED that the unit prices submitted by Kerrio- Cermano Limited for sidewalk repairs be accepted at the tendered price of $49,530.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 50 - CROWE - SCHISLER - RESOLVED that the unit prices submitted by Norjohn Contracting Limited for surface treatment of roads be accepted at the tendered price of $136,192.50; AND the Seal of. the Corporation be hereto affixed. Carried Unanimously No. 51 - SCHISLER - THOMSON - RESOLVED that quotations submitted by Sanitank Incorporated for T.V. inspection be accepted at the tendered price of 27¢ per foot for T.V. inspection and $20.00 per hour for delay; and that the quotations submitted by-Juhlke Thuro Limited for hydraulic cleaning of sewers and culverts he aecepted at the tendered price of 7.9¢ per foot for hydraulic cleaning of sewers and $220.00 per day for cleaning of culverts; AND the Seal of the Corporation be hereto affixed. " Carried Unanimously BY-LAWS No. 75-74..- A by-law to provide for the adoption of an amendment to the Official .. Plan of the Niagara Falls Planning Area. NOTE: This by-law was deleted in accordance with Council's 'decision on Report No. 228. (See Page 1) ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr that leave be granted to introduce the following by-laws and the by-laws.be given a first reading: No. 75-75 -.A By-law respecting sick leave credits, pensions and other benefits for employees. No. 75-76 - A By-law to authorize the execution of a grant of easement from Ontario Hydro for a sanitary sewermain. No. 75-77 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of hot mix asphalt overlays. No. 75-78 - A By-law to authorize the construction of storm and sanitary sewermains on Thorold Stone Road. .NOTE~. Alderman Fern declared a conflict of interest and abstained from voting · on this By-law. ~o. 75-79 - A By-law to authorize the execution of an agreemast with NorJohn Contracting Limited for surface treatment of roads. No. 75-80.- A By-law to authorize the execution of an agreement with Vincent Kerrio-Germsno for sidewalk repairs. ..... 10 - 10- - 11- No. 75-81 - A By-law to authorize a liceace agreement with the Ontario, Hydro. ~: No. 75-82 - A By-law to authorize the execution of an agreement with Max-Fund Limited. No. 75-83 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart that the following By-laws be now read a second and third time: No. 75-75 - A By-law respecting sick leave. credits, pensions and othersbenefits for employees. No, 75-76 - A By-law to authorize the execution of a grant of easement from Ontario Nydro for a sanitary sewermain. No. 75-77 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of hot mix asphalt overlays. 'No. 75-78 - A By-law to authorize the construction of storm and sanitary sewermaim on Thorold Stone Road. NOTE: Aldermen Fera declared a conflict of interest and abstained from voting on this By-law. .No. 75-79 - A By-law to authorize the execution ofan agreement with~Norjohn Contracting Limited for surface treatment of roads. No. 75-80 - A By-law to authorize the execution of an agreement with-Vincent Kerrio-Germeno Limited for sidewalk repairs. No. 75-81 - A By-law to authorize a licence agreement with the Ontario Rydro. No. 75-82 - A By-law to authorize the execution of an agreement with Max-Fund Limited. No. 75-83 - A By-law to provide monies for general purposes. EFFICIENCY STUDY REPORT NEW BUSINESS Carried with Aldernmn Fera abstaining on By-law 75-78 Aldermen Smeaton inquired as to when the report on the efficiency study would be availsble.-'.The, CityManager advised that this report wouldbe available for the budget discussions. ,i POLISH LEGION Alderman Smeaton inquired as to the status of the Polish Legion on Stanley Avenue. The City Manager advised that the Legion would be buying another property, but that no information has.been received from the Legion as yet. NIAGARA SQUARE Alderman Smeaton asked if the letter of credit from the developers of Niagara Square had been finalized. The City Manager advised that the City Solicitor had mailed the appropriate forms to the developers outlining the City~s require- ments for the bank's letter of credit. REFUND OF RENTAL FEE - NIAGARA FALLS ARENA Alderman err advised that he had received a letter from the Kinemen's Club requesting a refund of the rental coat for a recent charity function held st the Niagara Falls Arena, The coat of providing entertainment was over $5000, and the Club only made a profit of $1300 Cowards their cause. The rental .fee was approximately $520, and the Club is requesting a refund of this amount. The City MsnsSer suggested that rather than refunding the fee, a grant could· be made to the Club, It was moved by Alderman err, seconded by A.derman Thomson that the City Manager submit e report on this matter. The motion Carried unanimously. ..... BIKEWAY SYSTEM Alderman Thomson advised that he had received a complaint from a resident in the Dellpark Subdivis ion of small motorized vehicles using this bikeway system. Apparently these vehicles are driving down the old haulage road and right into the subdivision on sidewalks. The Alderman suggested that the Police be advised of the problem, and further suggested that fencing be done along the end of the subdivision to prevent any vehicles entering the subdivision. It was moved by Alderman Thomson, seconded by Alderman Mann, that a report be submitted on this matter. The motion Carried unanimously. PROCEDURE FOR ACCIDENTS ONAe~YC& REGIONAL. ROADS Aldermen Thomson advised that he had received a complaint regarding debris on the road following an accident, that had been there for a considerable length of time. The AIderman asked what the policy is for cleaning the debris off the road following an accident. The City Engineer explained that in the case of a Regional Road, the Region would be contacted, and if it is a City road, the Public Works Dept. is called. If an accident occurs after normal working hours, the duty foreman at the Service Centre will handle the situation. DEMOLITION OF KITCHENER STREET SCHOOL Alderman Puttick referred to the death of a local man working on the demolition of this school. The Alderman felt that a letter of sympathy should be sent to the family of this men, and that in future, the City Engineer and Safety ._Inspector should ensure that all aspects of the tender form are fulfilled. The City Engineer advised that it is the responsibility of the Province to enforce the Construction Safety Act regulations regarding procedures to be followed during construction. LOCAL BANDS Alderman Wallace expressed disappointment in the fact that there were no local bands participating in the Blossom Festival Parade, and felt that staff should 'contact the local highschools regarding the formation of a band. Alderman Smeaton felt that it was not the Ci.ty's responsibility to promote local bands. MESSAGE OF CONDOLENCE Alderman Michael requested that a resolution expressing Council's condolences be sent to the family of the late Arnold Sherman, a gentleman who had been very active in the N.R.T.A. INSTANT EDITORIAL ARTICLE Aldermen Marrigan expressed concern over s recent "Instant Editorial" appearing in the Review regarding the health of Mayor Bukator, and advised that the editorialI showed a,~tack~of responsibility of persons making such anonymous statements. FOLKS/ART FESTIVAL His Worship, Mayor Bukator advised that he had met with a Mr. Stephen Ruf regardin~ the possibility of holding a folks/art festival in Niagara Falls, similar to one held in St. Catharines. The Mayor requested Council's approval to assist Mr. Ruf in contacting the various ethnic groups in the City to discuss the possibility of promoting a similar festival in Niagara Falls. It was moved by Alderman Thomson~ seconded by Aldermen Smeaton, that His Worship, Mayor George Bukator be granted authority to assist Mr. Stephen Ruf in promoting a local folks/art festival in Niagara Falls. The motion 9.er.ri~4 unanimously. FAMILY UNITY MONTH His Worship, Mayor Bukator advised that he had been requested~to obtein's Council's approval to proclaim the week of May 25 - 31, 1975 as Family Unity Week in con- nection with a Provincial Proclamation naming the month of May Family Unity Month. It was moved by Alderman Manns seconded by Alderman Michael, that the City of Niagara Falls proclaim the weak of May 25 - 31, 1975, as Family Unity Week. The motion Carried unanimously. - 12- ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the meeting adjourn to Committee n~a" aMh. ple' ,/~/~7DOPTED ' :- . -.~ ~.'~.~;,~.f;.:, .~-; .~ ~ty City C1 co~rf... . ~ " Mayor Committee Room No. 1 May 12, 1975. Council met in Comnittee of the Whole following a regular meeting held Monday, May 12, 1975. All Members of Council were present. Alderman Thomson presided as Chairman. Following consideration of the items presented, it was moved by Alderman .reporting. , , READ ANDsADOPTED, Mayor COUNCIL MEETING Council Chambers, May 12, 1975. Council reconvened in formal session following a meeting of the Committ~ of the Whole on Monday, May 12, 1975. All Members of Council were present. His Worship, Mayor George Bukator presided as Chairm~n. The meeting adjourned. L.. SIXTEENTH MEETING Council Chambers May 26, 1975. REGULAR MEETING Council met on Monday, May 26, 1975 at 7:40 p.m., for the purpose of considering genersl business. All Members of Council were present with the exception of Aldermen Orr, Puttick and Thomson. His Worship, Mayor George Bukator presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the minutes of the Council Meeting of May 12, 1975 be adopted as printed. NOTE: Alderman Orr arrived at the meeting. UNFINISHED BUSINESS NIAGARA FALLS LIONS CLUB MIDGET BASEBALL TEAM Report No. 257 - City Manager - The report referred to the request of Mr. Thomas - Newton for special recognition by the City to honour the Niagara Falls Lions Club Midget Baseball Team which won the Canadian Championship last year. It was outlined in the report that the Recreation Commission has set up a committee to study all aspects relating to recognition of individuals or teams which win nstional championships of any kind, and recommends that any other form of recognition be deferred until a policy has been established by the Recreation Commission and Council in June. It was further suggested that under any new policy, teams or individuals should be recognized at a regular Council meeting as soon as possible after the event has taken place. ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that the report be tabled until a general policy is established by the Recreation Conmiss ion in June. MONUMENT MARKING CORNER OF OTTER STREET AND RIVER ROAD Report No. 258 - City Manager - The report referred to correspondence between the City Solicitor and the Surveyor General, and it pointed out that staff was of the opinion that bfr. Saddler should assume the cost of any survey work. Mr. L. Saddler was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Smeaton. Mr. Saddler provided members of Council with a brief history of the events leading up to his request for the City to locate the monument marking the corner of Otter Street and River Road. It was advised that the location of the monument was only to enable a survey to be taken of his property, and that it was not expected. that the City would pay for the cost of surveying his property. Alderman Harrigan asked:if these monuments are placed as initial reference points from which other surveys are made, and if so, who would be responsible for their placement. The City Engineer advised that the monuments are used as reference points, and that originally, they were placed there by the government, and through the years, it has been through various authorities. In this particular location, the monument marks, supposedly, the boundary between Niagara Parks C~ission lands and City owned lands. Alderman Harrigan replied that he found it difficult to see why an individual should have to pay for a reference which the community originally provided, and asked if there were any cases where an individual had taken a case to court to determine whose responsibility the cost would be. The City Solicitor advised that he ,was not aware of any litigation. Alderman Smeaton was of the opinion that it was the right of 'avery citizen to know the main bearing point of his property, and felt that due to the discrepancies in the various plans on hand, this alone would be justifica- tion for Mr. Saddler's request. Alderman Wallace asked the reason for the survey of the property. Mr. Saddler explained that he wished to move his garage, and in order to comply with the regulations, the garage would have to be 18" from his property line, end since the property line cannot be located, a survey is necessary. Alderman Schisler asked if a survey had been taken at the time when the property had originally been purchased. Mr. Saddler replied that when he had purchased the property, only e sub-search had been made of the land, and a survey had not been taken. Alderman Fern pointed out that when other citizens had called regarding location of their property lines, City staff had told them that they would go out to the property in question, but would not take any responsibility~' for the legality of the survey. The City Engineer explained that there is no Ontario Land Surveyor on staff, and that any work done could not be considered as legal. Alderman Crows asked what steps had been taken to locate the monument in question. The City Engineer advised that the survey crews had used~ the most recent survey in that general area to determine where the property line should be. It was further pointed out that Mr. Saddler did not agree with the findings of the crew and felt that their measurements were out roughly five feet. Alderman Harrigan raised the point that if Mr. Saddler were to undertake the cost of the survey, the information would then be available to the City to use for other services. The City Engineer replied that this inform-] ation is public, as are all other surveys taken in the City. Following further discussion, it was moved by Alderman Mann, seconded by Alderman Schisler, that the City of Niagara Falls not initiate the survey, and that the cost be borne by the individual requesting the survey. · The motion Carried with the following vote: AYE: Aldermen Fern, Harrtgan, Mann, Schis let, Wallace and Mayor Bukator. NAYE: Aldermen Crows, Michael, Orr, Smeaton and Stewart. LICENCING OF TRAILER CAMPS Report No. 259 - City Manager - The report lists the fees charged by other municipalities in the Region that have licensing by-laws, as well as a comparisc of the taxes paid in 1974, and the taxes paid on dwellings. The recommendation is that the $15.00 per lot per month fee be charged for the full year 1975, and 'that the rate be increased to $20.00 effective January 1, 1976. It was ordered on the motion of Alderman Crows,. seconded by Alderman Stewart that Mr. Malcolm Gibson be permitted to address Council. Mr. Gibson advised that he was representing Green Oaks Mobile Homes on Stanley Avenue, which he owns. He stated that he protested the proposed increase of the licence fees at the suggested rate of $20.00 per month on behalf of the residents of Green Oaks, explaining that many of these people are retired, and live on fixed incomes, and that such an increase would cause a great financial strain. It was felt that the license fee is nothing more than "taxes in disguise'?. I Alderman Marrigan inquired as to whether there have been any decisions made on whether mobile homes can be assessed for taxes. The City Solicitor advised that the Province had started to assess and tax these mobile homes last year. For that reason, the City did not collect the licenee fee in 1974. The Province has since decided that these mobile homes are not reel property and cannot be assessed and taxed. For this reason, the fees are to be imposed again as in previous years. ~ Alderman Wallace asked if the land was assessed for taxes, and on what basis the lend the land was assessed and taxed. The City Manager advised thst the land was taxed on its value, and is assessed on the same basis as farmland, or unimproved land. Alderman Harrfgan commented on the fact that there may be children living in mobile home parks that would attend local schdols, and the owners would therefore be responsible for paying a share of the education taxes, Mr. A. Doherty was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Schisler. Mr. Doherty advised Council that sll of the residents in the park lest year paid taxes to the City for their homes,. It was agreed that taxes should he paid for education[~ but it was pointed out that taxes were being paid on serviced land, not serviced by the City, but by the former owner of Green Oaks, Mr. Savage. These Services are paid for in the rent charged to each resident. The only'service provided by the City is garbage pick-up, and the service is atrocious. Mr. Doherty felt that it would be better if the owner of Green Oaks picked up the garbage, and transported it to the Landfill Site. Alderman Mann suggested that the residents of these mobile home perks are provided with other services by the City, such as fire and police protection, education en~ use of the roads, end it was felt that the $20.00 fee was reasonable. Alderman Wallace suggested ~hat perhaps the fee could be based 9~ ~e si~e of the mobile home. - 3- ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that the · report be tabled for two weeks, pending further information. NOTE: The report on AM-11/75, W. & G. Lovell on Lundy's Lane was brought forward for consideration at this time. Report No. 260 - Planning & Development Committee - Re: AM-11/75, W. & G. Lovell, Lundy's Lane. The report of the Planning & Development Committee recommends that the application of W. & G. Lovell for rezoning of property to permit a twenty-eight unit motel, be denied. Mr. G. Harries was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Mann. Mr. Hatties outlined his reasons for objecting to the proposed motel. The noise, traffic and debris from Harvey's on Lundy's Lane is very bad, and the pool room located at the rear of the San Paulo Store is used by a rather undesirable element. There is a great deal of offensive language and swearing by these people, and another driveway on Depew Avenue would provide an immediate exit to the people using the pool room. It was pointed out that it is very difficult to gain access to Lundy's Lane from Depew Avenue on the weekends and at the rush hour. There are a number of children using Depew Avenue on their way to school, and the increased traffic from the motel ~ would create a hazard to them. It was felt that traffic on the street was bad. enough with the Harvey's exit and residential traffic, and that another exit on Depew would cause more traffic and serious accidents. Alderman Fers~felt'that the proposal should be judged on its merits, and not the existing conditions of the area. Alderman Wallace asked if the site plan were to be designed with no access or egress to Depew Avenue, but onto Lundy's Lane, if Mr. Hatties would still object to the proposal. Mr. Marries advised that he could not object to the proposal if there were no exit onto Depew, and suggested that the motel could possibly reduce the noise from l{arvey's. It was pointed out however, that there would still be the problem of cars trying to gain access to Lundy's Lane in an area where there is a traffic island. Mrs. P. Walker was granted permission to address Council on the motion of Alderman Schisler, seconded by Alderman Orr. Mrs. Walker distributed photographs of the area, three maps showing the land in question, and a petition signed by seventeen people owning businesses in the area, as well as individuals from different areas of the City. Mrs. Walker advised that she represented the Lovells who owned the property in question, and Mr o N. Mastroianni who has agreed to purchase the property on the condition that it can be rezoned to permit a twenty-eight unit motel. It was advised that Mr. Mastroianni would have no objec- tion to preventing access and egress to Depew Avenue. It was pointed out that the land has no viable use other than commercial, and is surrounded on three sides · by other con~ercisl establishments. Mrs. Walker felt that it was unfair to ask Mr. and Mrs. Lovell to pay taxes on vacant land which is used as a buffer zone by the residents in the area. The proposal conforms to the draft zoning by-law, and ~ith a properly designed site plan, the proposal could solve some of the existins problems. It was further advised that the pizzeria would be torn down, and the e~isting store would be turned into the motel units. Alderman Wallace inquired as to whether the pool room in question would be removed. Mrs. Walker advised that the pool room would be closed for five months at first, and if the motel provided satisfactory revenue, it would be closed permanently. Alderman Wallace also expressed concern over the possibility of some of the land being left vacant, and mentioned that there were several fine mature trees on the land, and felt that it would be unfortunate to have these trees cut down to provide parking. Mrs. Walker advised that if the requirements of the ~ty could be met, some of the land could be left vacant, and the trees could remain. Alderman Wsllsee asked if there would be any objection to referring the matter back to the Planning Committee for the re-design of the site plan. Mrs. Walker felt that the extensive plans of the type the Alderman was describing would cost a great deal of money, and going ahead without the approval of Council could be an exercise in futility. It was then moved by'Alderman Harrtgan, seconded by Alderman Smeaton, that the application of W. &G. Lovell be denied. The motion Carried with the following vote: AYE: Aldermen HarriSan, Mann, Michael, Schisler, 8maaton and Stewart. NAYE: Aldermen Crowe, Fern, Orr and Wallace. NOTE: The report on AM-37/72, A. Nero, Northeast Corner of Dorchester and Dawson was brought forward for consideration at this time. -4- Report No. 261 - Planning & Development Connnittee - Re: AM-37/72, A. Nero, Northeast corner Dorchester & Dawson. The report recommends approval of this application, subject to 5 feet of road widening along Dawson Street, and 10 feet of road widening along Dorchester Road, Development Control, and that Council, by resolution, certify 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 Mann, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. 53' CO~IUNICATIONS See. By-law 75-87 No. 42 - Regional Municipality of Niagara - Re: Exclusive Left-Turning Lane, Regional Road #102 (Stanley Avenue) City of Niagara Falls. The communication advises that the Region is unable to agree to the City's request for the reinstatement of parking on this portion of Stanley Avenue on a part-time basis. His Worship, Mayor George Bukator suggested that the City appeal this ruling to the Ontario Municipal Board, and felt that the City was right in asking for part-time paVking, and the Region wrong in denying the request. ORDERED on the motion of Alderman Crowe, seconded by Alderman Hattitan, that the co~nunication be tabled, pending further information regarding an appeal 'to the Ontario Municipal Board. The motion Carried with Alderman Mann voting contrary, and all others in fayour. Note~J The report regarding.an spplioetion for a Hawker and Pedlar. Liceace was brought forward for Consideration at this time. Report No. 262 - Deputy City Clerk - Re: Application for Hawker and Pedlar Licenci{ The report advises of applications received from John Paul McRobb and Anna ' Christins Heyendal of Welland for Hawker & Pedlar licenoes, propos ins to sell Tele-Tune T.V. Converters on a door to door basis under the business name of A'& M Converters. In reply to various questions asked by members Of Council, ' Mr. MuRobb advised that the units are sold for $89.95, and are also available through catalogues, but could not be purchased locally "over the counter". The unit enables television viewers to watch additional channels, but they can only be used by those people having cable television. The units are manufactured in Ontario. Following further discussion and clarification by staff, it was moved by Alderman Crows, seconded by Aldermen Fare, What the application be denied. The motion Carried unanimously. ' Note: Alderman-Mannwas absent when the vote was taken on this matter.' No. 43 - Regional Municipality of Niagara - Re: 1975 Regional Tax Levy. The communication advises of the 1975 Regional Tax Levy. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton, that the communication be received and filed. ' Note: Alderman Mann ~as absent when the vote .was taken on this matter. No. 44 - Regional Municipality of Niagara - Re: Proposed Niagara Freeway. The communication advises of a meeting to be held between representatives of the Ministry of Transportation & Connunicattons, City of Niagara Falls, Niagara Parks Gommission and Regional Officials scheduled for Tuesday', June ], 1975 at 10:00 a.m. at Regional Headquarters. ORDERED on the motion of Alderman Michaels seconded by Alderman Mann, that the communication be received and filed, and that as many members of Council as possibli attend.. No. 45 - Regional Municipality of Niagara - Re: Temporary Turn Prohibitions, Regional Roads 57 and 104 (Thorold SCone Read and Dorchester Road) Niagara Falls. The communication advises of temporary traffic control measures at the intersection of Dorchester Road end Thorold Stone Road during the construction of a storm sewer along-Thorold Stone Road. ORDERED on the motion of Alderman Mann, ~econded by Alderman Michael, that the c'_~e~nunicetion be received and filed, No. 46 - Regional Municipality of'Niagara - Re: Retention of Consulting Engineering Firm to Undertake Engineering Investigation of erade Separation on Regional Road ~102 (Stanley Avenue) at Penn Central Right-of-Way, City of Niagara Falls. OI~RED on the motion of lldehnan Michael, seconded by Alderman Orr, that the c~nication be received and filed, -5- No. 47 - Regional Municipality of Niagara - Re: Niagara Falls Traffic Operation Study. The communication requests the comments of the City of Niagara Falls on the Niagara Falls Traffic Operation Study presented by DeLeuw Cather Limited. ORDERED on the motion of Aldernmn Mann, seconded by Alderman Michael, that the communication be received and filed, and that the City Manager prepare a report outlining the comments of this municipality for the consideration of Count il. No. 48 - Royal Ontario Museum - Re: Royal Ontario Musetun Expansion Programme. The co~maunication advises of the proposed general physical expans ion, and requests comments of the municipality on same. ORDERED on the motion of Aldermen Schisler, seconded by Alderman Stewart, that the communication be referred to the Niagara Falls Museum for their comments. No. 49 - Land Division Committee - Re: Revisions to Policies and Procedures. The communication requests a meeting with Council regarding recent changes in policies and procedures. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the communication be received and filed, and that Council meet with the Lend Divis ion Connnittee at the Council Gommittee meeting of June 2, 1975. No. 50 - Niagara Regional Board of Commissioners of Police. The communication requests the comments of this municipality on the brief submitted hy the Niagara Falls Sightseeing Council. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace, that the communication be received and filed, and that the City Manager prepare a report outlining the comments of this municipality in co-operation with the Transit Commission and the Niagara Falls Sightseeing Council, for the consideration of Council. REPORTS Report No. 263 - City Manager - Re: 1975 Operating Budget. It is recounnended that the report be received and filed, and that the Budget Estimates, Mill Rates and Levying and Collecting Authority be ratified by the by-laws appearing on the ageads. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and filed,-and that the necessary by-laws be passed. See By-laws 75-84, 75-85 and 75-86 Report No. 264 - City Manager - Re: Autoland Chrysler - Sign. The report recommends that By-law No. 6661 not be amended to permit the placement of a sign at the new Autoland Chrysler building onMontrose Road which exceeds the requirements of the by-law. ORDERED on the motion of Alderman Crows, seconded by Aiderman Harrigan, that the report be tabled. NOTE.: Aldermen Wallace declared a conflict of interest on this item and abstained from voting. Report No. 265 - City Manager - Re: Land Division Committee Decisions. The report refers to a resolution passed by Council on October 15, 1974, requesting the Region to amend their rules of procedure regarding "in camera" decisions. Attached is a letter from the Secretary of the Land Division Committee advising that no change will be made in the policy. The report recommends that the matter of decisions be also discussed at the meeting requested by the Lend Division Conlnission, on .June 2, 1975. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crows, that the report be received and adopted. Report No. 266 - City Manager - Re: Exemption of Certain Lots in Plan N.S. 36 from Part Let Control. The report recommends.that the request of Slovak, Sinclair and Growe requesting the passing of a by-law to exempt certain lots in R.P.N.S. 36 from part lot control be approved, and that any costs arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Smeaton, that ,the report be received and adopted. See By-law 75-88 NOTE: Alderman Crows declared a conflict of interest and abstained from voting on this item. Report No. 267 - City Manager - Re: Exemption of Certain Lots in Plan M-17 from Part Lot Control. The report reconnends that the request of J.E. Murphy requestin~ _ _ the passing of a by-law to exempt certain lots in R.P. M-17 from part. lot control be spproved, and that any costs arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton, that the report be received and adopted. See By-law 75-90 Report No. 268 - Recreation Commission - Re: Resignation of Mr. Norman Peterson. ] The report requests that Council appoint a replacement for FIr. PetersOn to sit om the Recreation Commission, from the persons who submitted their names to sit on the Recreation Commission in January, 1975. His Worship, Mayor George Bukator advised that a letter of thanks would be sent to Mr. Peterson for his contribution to the Conmission. ORDERED on the motion of Alderman Wallace, seconded by Alderman Smeaton, that the report be received and adopted, and that the appointment be made in Committee of the Whole. Report No. 269 - City Manager - Re: Conferences and Workshops. The report refers to a previous report which was to be considered at the meeting of May 20, 1975, but was not dealt with. The report refers to a suggested policy, whereby a complete review of the conferences and workshops would be made at the beginning of each year, at which time a policy could be adopted regarding sttendance. If changes were necessary after the program was established, the approval of Council would be obtained by submission of a report. Attached to the report is a list of conferences of interest to the municipality. Alderman Wallace was of the opinion that the suggested policy should be adopted immediately, and would save time taken at meetings in dealing with such reports. Alderman Mann felt that under the suggested policy, members of Council would be questioning certain amounts in the accounts by-law, and that under the present system, Council would know in advance of how the money would be spent. It was moved by Alderman Smeaton, seconded by Alderman Mann, that Council continue to deal with each conference individually throughout the year. The motion was Defeated with the following vote: AYE: Aldermen Mann, Schisler and Smeaton. NAYE: Aldermen Fern, Harrigan, Michael, Orr, Stewart and Wallace. It was then moved by Alderman Wallace, seconded by Alderman Michael, that the report be received and adopted. The motion Carried with the following vote: ~ AYE: AIdermen Fern, Marrigan, Michael, Orr, Stewart and-Wallace. NAYE: Aldermen Mann, Schisler and Smeaton. NOTE: Alderman Crows was absent when the vote was taken on this matter. Report No. 270 - City Manager - Re: Supplementary O.M.E.R.S. Pension Agreement. The report refers to the settlement reached with Local 528, Niagara Falls Professional Fire Fighters for the year 1974, wherein it was agreed that a ~ype 2, I 3/4% Supplementary O.M.E.R.S. Pension would be instituted. The report recrmnends that the by-law authorizing the agreement with O.M.E.R.S. be passed. ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the report be received and adopted. The motion Carried with Alderman Mann abstaining on a conflict of interest, and all others in fayour. pee By-law 75-89 NOTE: Alderman Crows was absent when the vote was taken on this ,matter. Report No. 271 - City Manager - Re: Buckley Avenue. The report recommends that Lot 6 be offered to O.H.C. for purchase at the City's cost subject to the terms of the option; and that the City's allotssent of sinale family equivalent units be reduced by 150 units to 571. The Planning Administrator explained that the reduction of units was due to limited capacity of the sewage treatment plant. ORDERED on the motion of Alderman Schieler, seconded by Alderman Fern, that the .report be received and adopted. Alderman Crows was absent when the vote was taken on this matter. Report No. 272 - Hie Worship, Mayor George Bukator - Re: Senior Citizen Housing. The report advises of a request from the Niagara Fails Housing Authority that O.H.C. develop an additional 200 senior citizen units. It is recommended that Council approve the request of the Niagara Falls Housing Authority, and the Ontario Housing Corporation be requested to approve 200 additional Senior Citizen Units for the Bucklay Avenue complex. ORDERED on the motion of Alderman Fare, seconded by Alderman 8tawart, that the report be received and adopted. NOTE: Aldernmn Michael was zbsent when the vote was taken on this matter: - 7- Report No. 273 - City Manager - Re: Kinsmen Club Grant. The report refers to a request received by Alderman Orr from the Kinsmen Club for a refund of the arena rental fee charged during a recent Rock and Roll Revival Night at the Niagara Falls Memorial Arena. The report recommends payment of a grant of $400 to the Kinsmen Club, which is equivalent to the Arena rental pa id less labour costs relating to the event. It was felt that Council should not change the existing policy and actually give an arena rental refund to any organization. ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that the report be received and adopted. NOTE: Alderman Michael was absent when the vote was taken on this item. Report No. 274 - City Manager - Re: N~ gara Falls Lions Club and Sub lease to Region of Dr. William Fingland Day Care Centre on Drummond Road. The report advises of a request that the Niagara Falls Lions Club assign to the Bsnk of Montreal the Club's interest in the reversion of the sublease from the Regional Municipality of Niagara respecting the Dr. William Fingland Day Care Centre on Drummond Road. It is recommended that the by-law to authorize the execution of the assignment be passed. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received and adopted. See By-law 75-97 NOTE: Alderman Michael was absent when the vote was taken on this item. Report No. 275 - City Manager - Re: Trailers. The report recon~nends that the by-law prohibiting the use of trailers as permanent homes for a period in excess of 60 days in any areas of the City other than those defined in the trailer park by-law. It is further recommended that the Planning and Development Committee be asked to consider the entire matter of placing trailers in the Municipality. ORDERED on the motion of Alderman Sch~sler, seconded by Alderman Crows, that the report be received and adopted. See By-law 75-100 NOTE: Alderman Michael was absent when the vote was taken on this item. Report No. 276 - City Manager - Re: Landfill Site Fees. The report recordsends the following: 1) That the schedule of fees proposed in the report of May 20, 1975 be implemented as soon as possible, and that relief of fees be granted to pick-ups and light vans on weekends for a trial period to December 31, 1975; 2) That any net revenue exceeding the projected $30,000 net revenue provided in the 1975 Operating Budget, be utilized towards the purchase and installation of a weigh scale at the landfill site; and 3) That an appropriate by-law be prepared for Council's consideration at its meeting of June 2rid, 1975. Alderman Crows felt that the new fees should be made known, so that the public will be aware that they will not be charged when using the landfill Site on weekends. ORDERED on the motion of Alderman Mann, seconded by Alderman Schtsler, that the report be. received and adopted. NOTE: Alderman Michael was absent when the vote was taken on this item. Report No. 277 - City Manager - Re: Contract G.C. 8-75, Sewermain, Watermain and Base Road Construction in the Monroe Subdivision. The report recamaenda that the unit prices submitted by Provincial Construction be accepted, and that the by-law authorizing the execution of the contract be passed. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and adopted. The motion Carried with Alderman Fern abstaining on a conflict of interest, and all others in layout. See Resolution No. 54 See By-law 75-91 NOTE: Alderman Mann was absent when the vote was taken on this item. Report No. 278 - City Manager - Re: Contract P.L. 9-75, Installation of Flood Liahtin~ for Oakes Park. The report reco~mlends that the quotation of Weinmann Electric Ltd. be accepted. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. 55 See By-law 75-9.2 NOTE: Alderman Mann was absent when the vote was taken on this item. Report No. 279 - City Manager - Re: Contract R.C. 11-75, Base Road Construction in Woodbridge Acres Subdivision, The report recommends that the unit prices sub- mitted by Hard Rock Paving Co. Ltd, be accepted, and that the by-law authorizir~ -8- the execution of an agreement with Hard Rock Paving Co. Ltd. be passed. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. 56 See By-law 75-93 NOTE: Alderman Mann was absent when the vote was taken on this item. Report No. 280 - City Manager - Re: Contract F.C. 12-75, Fencing Contract. The report reconnnends that the unit prices submitted by Frost Steel and Wire Co. Ltd. be accepted, and that the by-law authorizing the execution of an agreement with Frost Steel & Wire Co. Ltd. be passed. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. 57 See By-law 75-94 NOTE: Alderman Mann was absent when the vote was taken on this item. Report No. 281 - City Manager - Re: Rental-of Equipment for Weed Control. The report reconunends that the unit prices submitted by Mr. E. Murchie for the mowing of weeds and chemical weed control be accepted, and that the by-law authorizing the execution of an agreement with Mr. E. Murchie be passed. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. 58 See By-laws 75-95,75-9! mOTE: Alderman Mann was absent when the ~ote was taken on this item. Report No. 282 - City Manager - Re: Encroachment on Stanton Avenue. The report recommends that the request of Osler, Haskin & Harcourt on behalf of Gould Manufacturing of Canada Ltd. to permit the encroachment of the Burgess Battery Divis ion plant upon a portion of Stanton Avenue be approved subject to the usual conditions, and that the by-law authorizing the agreement be passed. ORDERED on the motion of Alderman Smeaton, seconded b~ Alderman Schisler, that the report be received and adopted. See By-law 75-99 NOTE: Alderman Mann was absent when the Vote was taken on this item. Report No. 283 - Deputy City Clerk - Advisory Report. The report recommends that the cormunitarian from the Ministry of Transportation & Connnunications advising that they have authorized a supplementary subsidy allocation for our municipality in the amount of $100,000.00 be received and filed; that the request of the Optim~ Club of Niagara Falls to barricade Drummond Hill on June 14, 1975 for the Annual Soap Box Derby be granted; that the communication from the Niagara Peninsula Conservation Authority inviting members of Council and senier staff to tour several conservation areas on Wednesday, June 4, 1975 be received and filed, and that as many members of Council and senior staff as possible participate; that the courtunitarian from the Chamber of Commerce advising of a resolution submitted to the Ontario Chamber of Commerce respecting a $100.00 fee for appeals to the Ontario Municipal Board be received and filed, as Council has endorsed a similar resolution of the City of Windsor; that the con~unication from Fire Chief ,tan Thomson inviting members of Council and senior staff to the officlal opening of the new McLeod Road Fireball on Friday, May 30, 1975 at 3:00 p.m. be received and filed, and that as many members of Council and senior staff as possible attend the official opening. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr~ that the report be received and filed~.~ NOTE: Alderman Mann was absent when the vote was taken on this item-. Report No. 284 - Loan Review Committee - The report recommends approval of five applications for assistance under the. Ontario Rome Renewal Progra~ne. ORDERED on the motion of Alderman Schisler, seconded by Alderman art, that the report be received and adopted. Report No. 285 - Deputy City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fare, that the report be received and adopted, and licences granted. Report No. 286 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Sehisler, seconded by Alderman Michael, Chat the report be received and adopted. RESOLUTIONS No. 52 - MICHAEL - TRO}SON - RESOLVED that a message of condolence be forwarded to the family of the lace Arnold Sherman, respected for his contribution to the [ Niagara Resort and Tourist Association; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NOTE: See MinUtes of MaetinSMay 12, 1975, Page 11. - 9- No. 53 - MANN - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of A. Nero for the rezoning of property known as Part Lots 107 and 114, Northeast corner of Dorchester Road and Dawson Street conforms to the Official PlanAmendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 54 - MICHAEL - SMEATON - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls ) Limited for the construction of sewermains, watermains and base roads in the Monroe Subdivision be accepted at the tendered price of $103,912.50; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Fera abstaining No. 55 - MICHAEL - SMEATON - RESOLVED that the quotation submitted by Weinmann Electric Limited for the installation of flood lighting for Oakes Park be accepted at the quoted price of $32,621.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 56 - MICHAEL - SMEATON - RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for the construction of base roads in the Woodbridge Acres Subdivision be accepted at the tendered price of $51,910.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 57 - MICHAEL - SMEATON - RESOLVED that the unit prices submitted by Frost Steel and Wire Company Limited for the installation of fencing and backstops at various City parks be accepted at the quoted price of $198697.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 58 - MICHAEL - SPEATON - RESOLVED that the unit prices submitted by Earl Murchie for the mowing of weeds and chemical weed control be eUcepted st the pricesequated; AND the Seal of the ~orporation be-hereto affixed. Carried Unanimously No. 59 - MANN - CROWE - RESOLVED that Ontario Housing Corporation be requested to provide rental housing accommodation on a geared-to-income basis for senior citizens in the City of Niagara Falls, such rental housing acconmmodation to comprise 200 one-bedroom units, as indicated in the Housing Study approved by Council, dated November 4, 1974. The Corporation of the City of Niagara Falls hereby undertakes and agrees to contribute 7-1/2 percent of any annual loss arising out of the operation of the said senior citizen housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that leave be granted to introduce the following by-laws and the by-laws be given a.'first reading: No. 75-84 - A By-law to provide for the appropriations for the year 1975. No. 75-85 - A By-law to fix the rates of taxation for 1975 and to provide for the levying of taxes. No. 75-86 - A By-law to provide for the collection of taxes for the yeaF 1975. No. 75-87 - 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. No. 75-88 - A By-law to designate certain land not to be subject to part lot control. No. 75-89 - A By-law to authorize supplementary benefits under the Ontario Municipal Employees Retirement System. No. 75-90 - A By-law to designate.certain land not to be subject to part lot control. No. 75-91 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewermains, ..... 10 - 10 - and watermains and base roads. No. 75-92 - A By-law to authorize the execution of an agreement with Weinmann Electric Limited for installation of floodlighting at Oakes Park. No. 75-93 - A By-law toauthorize the execution of an agreement with Hard Rock Paving Company Limited for the construction of roads. No. 75-94 - A By-law to authorize the execution of an agreement with Frost Steel and Wire Company Limited for the supply and erection of fences and backstops. No. 75-95 - A By-law to authorize the execution of an agreement with Earl Murchie for mowing weeds on private lots and City properties. No. 75-96- A By-law to authorize the execution of an agreement with Earl Murchie for Chemical Weed control. No. 75-97 - A By-law to authorize the execution of an assignment of a sublease. No. 75-98 - A By-law to establish lands as a linear park and to prohibit certain kinds or classes of vehicles t~ reon. No. 75-99 -.A By-law to allow the maintaining and using of buildings which encr0a on.Stanton Avenue. No. 75-100- A By-law to prohibit the use of trailers for living, sleeping, or eating accommodation within certain areas of the City of Niagara Fall No. 75-101-. A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Schisler, seconded by Aiderman Fera, that the By-laws be now read a second and third time: No. 75-84 - A By-law to provide for the appropriations for the year 1975. No. 75-85 - A By-law to fix the rates of taxation for 1975 and to provide for the levying of taxes. No. 75-86 - A By-.law to provide for the collection of taxes for the year 1975. No. 75-87 - 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. No. 75-88 - A By-law to designate certain land not to be subject to part lot control. t No. 75-89 - A By-law to authorize supplementary benefits under the Ontario Municipal Employees Retirement System. No. 75-90 - A By-law to designate certain land not robe subject to part lot control. No. 75-91 - A By-law to authorize the execution of an agreement with [rovincial COnstr~ctiomi(Nlaasra'Fall~) Limited f~r the construction of sewerma~' and watermains and base roads. ~o. 75-92 - A By-law to authorize the execution of an agreement with Weinmann Electric Limited for installation of floodlighting at Oakes Park. ~o. 75-93 - A By-law to authorize the execution of an agreement with .Hard-Rock Paving Company Limited for the construction of roads. No. 75-94 - A By-law to authorize the execution of an agreement with Frost Steel sad Wire Company Limited for the supply and erection of fences backsteps. ..No. 75-95 - A By-law to authorize the execution of an agreement with Earl Murchie for mowing weeds on private lots.and City properties. No. 75-96 - A By-law to authorize the execution of an agreement with Earl Murchie for chemical. weed control. No. 75-97 - a By-law to authorize the execution of an assignment of a sublease. - 11 - No. 75-98 - A By-law to establish lands as a linear park and to prohibit certain kinds or classes of vehicles thereon. No. 75-99 - A By-law to allow the maintaining and using of buildings which encroach on Stanton Avenue. No. 75-100- A By-law to prohibit the use of trailers for living, sleeping or eating accommodation within certain areas of the City of Niagara Falls. No. 75-101- A By-law to provide monies for general purposes. Carried with Alderman Crowe abstaining on By-la~ 75-88, Alderman Mann abstaining on By-law 75-89 and Alderman Fera abstaining on By-law 75-91. NEW BUSINESS OPERATION OF MOPEDS Alderman Smeaton expressed some concern over the Province's decis ion not to liceace mopeds. The Alderman felt it difficult to understand why the Province would decide not to liceace the mopeds~ since they are a motorized vehicle capable of considerable speed. There are young children operating these vehicles, and they will soon be creating traffic hazards. It was moved by Alderman Smeaton, seconded by Alderman Wallace, that a report be submitted on whether the Province has any plans to enforce controls, and whether or not studies are being carried out regarding safety factors; and further that information be obtained from neighbouring municipalities regarding the difficulties being experienced over the use of mopeds. The motion Carried unanimously. ENFORCEMENT OF SOLICITING BY-LAW AND PRIVATE BILL It was moved by Alderman Harrigan, seconded by Alderman Schisler, that the Council of the Corporation of the City of Niagara Falls request the Niagara Regional Board of Commissioners of Police to enforce the exis ring soliciting by-law, and to provide for the enforcement of the Private Bill. The motion Carried with Aldermen Smeaton and Stewart voting contrary, and ell others in fayour. SPEED LIMIT ON OAKES DRIVE His Worship, Mayor Bukator referred to the conflicting speed limits on Oakes Drive between the City and the former Village of Chippawn, where the speeds vary between 25 m.p.h. and 40 m.p.h. It was suggested that the speed limit be made 30 m.p.h. altogether. The City Engineer advised that this matter is presently being discussed in connection with the Cityss intention to assume Jurisdiction over-this roadway. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the meeting adjourn to Committee of the Whole. Committee Room ~1, May 26, 1975. Council met in Co~nx~t,.. · ,lm'Whole on Monday, May 26, 1975 following a regular meeting of Co~nail. All Members of Council were present with the exception of Aldermen Puttick and Thomson. Alderman Wallace presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. MAYOR .Council Chambers, May 26, 1975. Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of Aldermen Puttick and Thomson. His Worship, Mayor George Bukator presided as Chairman. The meeting adjourned& READ AND A~DOPTED, ' MAYOR SEVENTEENTH MEETING Council Chambers June 2, 1975 SPECIAL MEETING Following a meeting of Council Committee held on Monday, June 2, 1975, Council reconvened in formal session on the motion of Alderman Thomson, seconded by Alderman Smeaton. All Members of Council were present, with the exception of His Worship, Mayor George Bukator, Alderman Harrigan and Alderman Michael. RESOLUTION No. 60 - SMEATON - THOMSON - RESOLVED that Alderman D. Crowe be appointed as Presiding Officer during the absence of Mayor Bukator for the meeting of June 2, 1975; AND the Seal of the Corporation be hereto affixed. Carried Unanimously REPORTS Report No. 264 - City Manager - Re: Autoland Chrysler Sign. The report advises of a request from Chrysler Canada Ltd. to place a ground sign with a height of 31' 6" at the new Chrysler building on Montrose Road. The sign by-law, By-law 6661 specifies that grounds signs have a height not greater than 25'. In that-- other companies have complied with this requirement, it was recommended that the by-law not be amended. Mr. D. Graham was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Stewart. Mr. Graham advised that he felt the. 25' requirement referred basically to tourist areas. The manufacturer of this type of sign does not design the signs for a height of 25', thereby necessitating the request for 31' 6". The sign will have a single pole rather than a double pole, which is felt will be more attractive. Due to the area of the new dealership, Autoland Chryslerwill be depending on the visibility of their sign. It was further pointed out that there were no similar operations in the 4mmediate area. Alderman Thomson asked if the sign would be via ible from the Q.E.W., and how far from the property line it would be. Mr. Graham replied that he did not think the sign would be visible from the Q.E.W., and that the sign would be located about three feet behind the street line. Alderman Puttick referred to By-law 6661, Page 3, Wall Signs. This section provides that if the wall on which the sign is to be placed exceeds 2000 square feet, the sign may exceed 100 square feet only if approved by City Council. The Alderman felt that such a condition could be used in connection with the section on ground signs. The Building Inspector felt that the By-law should not be amended to allow a greater height, but suggested that if the frontage of the property exceeded 250s or 300~, Council could consider such requests. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the sign by-law, By-law 6661 be amended to provide that for properties exceeding 300~ frontage, Council may permit signs to exceed 25~ in height. The motion Carried with Alderman Stewart. voting contrary, Alderman Wallace abstaining on a conflict of interest, and all others in favour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be tabled for one week, pending submission of the amended by-law. The motion Carried with Alderman Wallace abstaining on a conflict of interest, and all others in fayour. Report No. 287 - City Manager - Re: Contract S.S. 3-75, Thorold Stone Road Storm Sewer. The report recommends that permission be granted to Damore Bros. Ltd. to install the trunk storm sewer on Thorold Stone Road at its intersection with Dorchester Road during the early hours on one Monday morning in July, 1975, subject to satisfactory noise control means being approved by the City Engineer. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fera, that the report be received and adopted. Report No. 288 - City Manager - Re: Appointments to the Property Standards Committee and the Recreation Commission. The report recesssends that Mr. Harry Iaur be appointed to a 3 year term, Mr. A1 Luciano for a 2 year term, and Mr. George Taylor for a 1 year. t~nn.,. all. tO ~he Property ~t~nda[d~ Conmittea. It. is further - 2- recommended that Mr. A1 Steinschifter be appointed to the Recreation tommiss ion. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in favour. NEW BUS INESS MO-PEDS Alderman Thomson advised that the Ontario Traffic Conference had passed a resoluti: requesting that the Province make it mandatory that operators of mo-peds have a licence, insurance and wear safety helmets. The Minister of Transportation and Communications who had artended the annual meeting, had indicated that steps are being taken to have the legislation amended. PARKING OF TRACTOR TRAILERS - WHIRLPOOL RAPIDS BRIDGE Alderman Thomson advised that he had received a call from the Niagara Parks Police indicating that the temporary parking in front of the compound will be removed due to heavy tourist traffic in the area. Due to problems experienced with the tractor trailers parking on the Transit Commission property, it was felt that there would -be more difficulties in this area again. The Alderman further advised that the Minister of Transportation and Communications who had been in the area recently, had indicated that he would be willing to discuss this matter with Council. It was moved by Alderman Thomson, seconded by Alderman Stewart, that the Minister of Transportation and Ccxmmunications be contacted with a view to holding a meeting to discuss the problem of tractor trailers parking in this area. The motion Carried unanimously. REMOVAL OF TRAFFIC ISLAND - RAINBOW BRIDGE AREA Alderman Thomson indicated that the Minister of Transportation and Communications had advised at the annual meeting of the Ontario'Traffic Conference, that the island which prevents traffic from the Rainbow Bridge area from coming down Falls Avenue to Clifton Hill, will be removed. NIAGARA FALLS TWINNING COP~IITTEE At the request of Alderman Puttick, Alderman Smeaton gave a report on the progress of the Niagara Falls Twinning Committee. Apparently due t~ a change in government,-I and after several attempts to contact officials in the Town of Kingstown, it was found that the officials no longer showed any interest in twinning their town with the City of Niagara Falls. It has been decided by the Committee to look for an alternate twin for the City. It was moved by Alderman Smeaton, seconded by Alderman Puttick, that the Chairman of the Committee submit a full report to Council as soon as possible. The motion Carried unanimously. TRAFFIC OPERATIONS STUDY The City Engineer brought to the attention of Council, copies of the Traffic Operations Study that had been distributed earlier. It was advised that there would he a report forthcomin~ and that men~bers of Council nmy wish to peruse the study in the meantime. REQUEST OF NIAGARA HELICOPTERS LTD.FOR LANDING OF HELICOPTER Aldermen Crows, Presiding Officer, advised of a request from Niagara Helicopters Ltd. to land a helicopter in the parking lot of St. Andrew~s United Church on Saturday, June 7, 1975. It was moved by Alderman Mann, seconded by Alderman 8meaton, that the request be ripproved subject to approval of the Ministry of Transport. The motion Carried unanimously. OEDERED on the motion of Alderman Smeaton, conded by A1 rman Mann, t the meeting adjourn to Coanitte&l~alaa~hole. BEAD 0FTED,' ~ ~ d~ . . I .'.. . · - 3- COMMITTEE OF THE WHOLE Connnittee Room ~1, June 2, 1975. Council met in Committee of the Whole on Monday, June 2, 1975 following a special meeting of Council. All Members of Council were present with the exception of His Worship, Mayor George Bukator, Alderman Harrigan and Alderman Michael. Alderman Fera presided as Chaii~' Following consideration of the · ems pr~' ented, the Committee of the ear ut reporting ~ ~A · · councilchasers, : - June 2, 1975. ',,..,,' Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of His Worship, Mayor George Bukator, Alderman Harrigan and Alderman Michael. Alderman D. Crows presided as Chairman. The meeting PRESIDING OFFICER EIGHTEENTH MEETING Committee Room #1 June 9, 1975 COMMITTEE OF THE WHOLE Council met in Committee of the Whole at 7:00 p.m. on Monday, June 9, 1975. All Members of Council were present with the exception of Alderman Crowe. Alderman Harrigan pres ided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ~. Mayor Council Chambers June 9, 1975 Council met on Monday, June 9, 1975 at 7:30 p.m., for the purpose of considering general business. All Members of Council were present with the exception of Alderman Crowe. His Worship, Mayor George Bukator presided as Chairman. Alderman Smeaton offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the minutes of the Council Meetings of May 26 and June 2, 1975, be adopted as printed. NOTE: Alderman Crows arrived at the meeting. PRESENTATION OF RETIREMENT WATCHES AND 25 YEAR PINS His Worship Mayor Bukator presented retirement watches to Mrs. H. Brown, Mrs. I. Felstead, Mr. A. Cotfield, Mr. J. Beer and Mr. D. Certo. Mr. F. Perry and Mr. A. Royerr were presented with 25 Year Pins by His Worship, Mayor Bukator. UNFINISHED BUSINESS USE OF THE FOP,~R ASSESSMENT OFFICE - CITY HALL Repo[t No. 289 - City Manager - The report refers to an earlier report of March 17, 1975, wherein it was reco~nnended that the former Assessment Office area be designated as the office area for the Building and Development Division. Also attached to the report is a communication from the Chamber of Conmerce outlining the Ghamber's view of the B.I.G. office being relocated at City Mall. The report recommends that the vacant office area be designated to the Building Department, and advises that funds have been provided in the 1975 Opera~ing Budget for the relocation. Alderman Puttick was critical of the report, and felt that it was the same report that hsd been presented previously. He did not agree that by bringing in the B.I.G. Connntttee, it would mean an increase in salaries. The Alderman questioned a co.~,ent in Mr. Dalbyss letter that under the present system, Council would not be placed in a situation which may or may not be of benefit to them politically. Alderman Thomson felt that no member of Council could answer this question, but felt that the intent was for the B.I.G. Committee to act as a buffer between decisions made by the Cunnnittee and Council. Alderman Puttick referred to a request he had made to attend a meeting of the B.I.G. Committee, to which he did not receive a reply. Alderman Thomson felt that a reply should have been given to Alderman Puttick, but suggested that many of the items cons idered by the B.I.G. Committee were handled with a certain amount of confidentiality, and that in some cases, even members of the Committee were not aware of all aspects of new industries investigating Niagara Falls. It was felt that such things should be ,kept confidential to protect the interests of new industries. -2- His Worship, Mmyor Bukator advised that he was in favour of the B.I.G. Committee functioning and working out of City Hall, but felt that if the Committee felt that the present manner of operation was working effectively, it should remain that way. The Mayor asked why the Building Department was so crowded. The City Manager pointed out that there had been staff increases since the building had originally been built, and that presently there were employees involved in the ·Building Department working out of the Planning Department and the basement. Alderman Wallace felt that the report did not show why it might be feasible to have the B.I.G. Con~ittee working out of City Hall, whet benefits there would be if any, and whether there would be a financial saving. The City Manager indicated that further information could be supplied, but that as far as the B.I.G. Conmittee was concerned, they wished to remain a function of the Chamber of Commerce. The Committee could not be ordered to come into City Hall, a, nd the only action Council could take would be to cut off their grant. Even 'tf. the. Co~mnittee did come to City Hall, there would still be the problem of overcrowded departments. Alderman Puttick asked how much space the Building Department would require. The City Manager indicated that all of the space in the former Assessment office would be required. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the report be received and adopted. The motion Carried unanimously. AUTOlARD CHRYSLER SIGN Report No. 290 - City Manager - The report refers to Council's instruction to amend By-law No. 6661 to permit ground signs' in excess of 25' in height when the property in question exceeds 300' frontage. The report recommends that Council by resolution approve of a ground sign for the Autoland property having a height of 32' 6". Alderman Crows expressed concern over such permissive legislation, and felt that it becomes discriminatory. There would be no control over future decisions made, and limits or guidelines set down. NOTE: Alderman Wallace declared a conflict of interest and hbstained :from voting on the matterA ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and adopted. The motion Carried with the following vote: ~YE: .Aldermen Fern, Orr, Puttick, Schisler, Smeaton and Thomson. NAYE: Aldermen Crows, Harrigan,'Mann, Michael and Stewart. ~ See Resolution No. 60 COD~NICATIONB See By-law No. 75-110 No. S1 - Mr. J.C. Bruno, Miss Dominion of Canada Pageant - The communication requests that the City sponsor a luncheon for the contestants, and that His Worship, Mayor Bukator officially commence the Pageant as in the past. ORDERED on the motion of Alderman Thomson, seconded by Alderman 8meaton, that the communication be received and filed, and the.requests approved.' No. 52 - Bell Canada - The communication refers to the coin telephone replacement and conversion program being carried out throughout Ontario and Quebec. ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the com~unication be received and filed. No. 53 - Ministry of Housing - The communication announces the reorganization of the Plans Administration Division within the Ministry of Housing.. · ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the communication be received and filed.' REPORTS No. 291 - Planning &Development Committee - Re: AM-37/73, B. Molodynia, North Side Thorold Stone Road. The report recommends approval of the application subject to the apartment and commercial being in one building, the storm sewer problem being resolved and subject to s site plan and agreement, and further that Council certify by resolution that the application conforms 'to 0ffictal Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Ministry of Treasury, Economics end lntergoverrnnental Affairs. The report advises that the By-law varies from the motion by using the new section of The Planning Act for Development Control rather than the old system of site plan control and 'agreements. Alderman Wallace asked for a clarification of the variation in the By-lew from the original motion o~ the report. The Planning Direotor advised -3- that prior to an amendment to The Planning Act, a site plan and agreement was required prior to the passing of the by-law. The amendment now allows for the site plan and agreement to be carried out after the passing of the by-law. Items that were previously incorporated in the agreement are now listed under the by-law. Alderman Marrigan asked if this would be removing final approval of the site plan from Council. The Planning Director advised that the by-law states that it shall be a condition of the development or redevelopment of the land that the applicant enter into one or more agreements with the Corporation. The items previously incorporated in the agreement are listed in the by-law under items 2 to 12. ORDERED on the motion of Alderman Thomson, seconded by Alderman ~nn, that the report be received and adopted. The motion Carried with Alderman Smeaton voting contrary and all others in fayour. See Resolution No. 61 See By-law No, 75-109 Report No. 292 - Deputy City Clerk - Report of the Council Committee: 1. Land Division Committee Policy - A lengthy discussion took place regarding Land Division Committee policy for severances and in particular the policy of arriving at decisions in camera as opposed to decisions being made in public. Recommendation: That a copy of City Council's resolution of October 15, 1974, requesting the Land Division Committee to arrive at their decisions in public, along with the Land Division Committee's letter of May 12th refusing to adopt the recommendation contained in the resolution, be forwarded to The Honourable Donald R. Irvine, Minister of Housing, and The Honourable 3ohn T. Clement, Attorney General; and further, that they be requested to direct the Regional Municipality of Niagara Land Division Committee to arrive at their decisions respecting land severance applications in public. 2. Reconstruction of Robinson Street'Bridge over Penn Central - A report was submitted containing the following recommendations: 1) That the City assume the Penn Central's 12%% of the construction costs estimated in the amount of $75,000 for the reconstruction of Robinson Street Bridge over Penn Central without prejudice on future projects; 2) That the City Engineer be authorized to request R.T.C. to issue a Board Order for the reconstruction of the Robinson Street Bridge over Penn Central and for a contribution from the Railway Grade Crossing fund in the amount of $322,000 with no contribution from the railway company; 3) That the City Engineer be authorized, upon receipt of the necessary Board Order to proceed with the tender call for the Robinson Street bridge reconstruction project in accordance with the tendering schedule set out in the report; and 4) That the over-run in the amount of $14,000 over the O.M.B. authorization for this project be charged to 1976 Operating Budget for roadworks. Recommendation: That the report be received and adopted. 3. Residential Dilapidated Buildings - Property Standards By-law - A report was submitted advising that the Municipality was proposing to proceed to take the necessary action under the provisions of the Property Standards By-law to have nine dilapidated buildings either made habitable or demolished. Recommendat.i.o~: That the report be received and filed. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr that the report of the Council Committee be received and Council ratify the recommendations. Report No. 293 - City Manager - Re: Proposed Plan of Subdivision, Ascot Woods Extension No. 1. The report recommends preliminary approval subject to eight conditions enumerated in the report and that Council certify, by resolution, that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. The motion ~rried .with Alderman Crows abstaining on a conflict of interest, and all others in fayour. See Resolution Report No. 294 - City Manager - Re: Proposed Plan of Subdivision, Rainbow Gardens. The report recommends preliminary approval subject to seven conditions enumerated in the report and that Council certify, by resolution, that the application conforms to the Official Plan Amendment No. 28 of ~he Niagara Falls Planning Area. Aldermen Puttick pointed out that Council was again cons idaring proposed subdivisions, and asked if the report he had requested regarding a change in the subdividers agreement requiring subdividers to pay for the cost of fencing parks.would be tfor~hc~ming..~The City Manager advise~nthat the ,raperr is .under prepar~i~n.,and~will be very comprehensive. -4- ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that the report be received and adopted. See Resolution No. 63 Report No. 295 - City Manager - Re: Resolutions from other Municipalities respect~e Motorized Vehicles. 1) City of Sudbury - Petitioning the Provincial Government to amend and expand tM authorizing legislation to enable municipalities to enact by-laws for the regulation and licensing of bicycles, especially to provide for an increase in the ltcence fees. Recommendation - That the resolution not be endorsed. 2) City of Brockvilla - Requesting the Provincial Government to review its legis- lation regarding the operation of mopads. Recon~endation - That the resolution be endorsed. 3) City of London - Suggesting that the Ministry of Transportation and Connnunicat undertake a Province-wide advertising campaign with an educational thrust to promote safer cycling in Ontario. Recommendation - That the resolution be endorsed. The report also refers to a resolution appearing on the agenda respecting mopeds and advises that if Council approves of the wording, the resolution can be circuh,~¢{ to Provincial authorities and to other municipalities requesting endorsation. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the .report be received and adopted. The motion Carried with Alderman Michael voting ~ontrary and all others in fayour. See Resolution No. 67 Report No. 296 - City Manager - Resolutions from other Ontario Municipalities. 1) City of Cornwall - Requesting that the Government of Ontario be petitioned to exempt all senior citizens from school taxes. Recommendation - That the resolution be received and filed. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the resolution be received and filed. The motion Carried with Alderman err voting contrary and all others in favour. 2) City of Cornwall - PetitioninS the Government of Ontario to carefully scrutinize any proposed rate increases by Ontario Rydro before approval is given. Recommendation - That the resolution be endorsed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Michael that the resolution be received and filed. The motion Carried with Alderman Fera voting contrary, Alderman Mann abstaining on a conflict of interest, and all others in fayour. 3.)City of Windsor - Requesting that the Association of Municipalities of Ontario be asked to intervene on behalf of Ontario municipalttiep on the matter of a Hearing by ~he Ontario Energy Board for a review of the proposed Ontario Hydr0 rate increases for 1976. Recommendation - That the resolution be endorsed. ORDERED on the motion of Alderman Crows, seconded by Alderman Smeaton that the resolution be endorsed. The motion Carried with Ai& ,Mann abstaining on a conflict of interest, Aldermen Puttick and Schisler voting contrary, and all others in fayour. 4) City of Port Colborne - Objecting strongly to Ontario Hydro increases in the 1975 wholesale power rates. Reeommendation- Thst the resolution be endorsed. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crews, that the resolution be endorsed. The motion Carried with Alderman Mann abstaining on a conflict of interest, Alderman Puttick voting contrary, and all others in fayour, 5) City of Peterborough - To petition the Province of Ontario to innnediately declare its intention to ban non-refillable glass and metal pack~ging for all non-alcoholic beverages. Recommendation - That the resolution be endorsed. .ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the resolution be endorsed. 6) Town of Aurora - That the Goverr~nent of Ontario be requested to enact legislstic Which would impose a ban on the sale and use of-non-reusable beverage cans and glass bottles. Reconxaendation - That the resolution be endorsed. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Crows, that the ;resolution be endorsed. 7) Town of Oekville - Requesting the Federal Government to introduce legislation to provide for the registration of firearms and for significant mandatory Jail terms for the ~arrying of unregistered hand guns; and for mandatory penalties for all crimes of violence involving offensive weapons.' Recommendation - That the resolution be endorsed. - 5 - Alderman Wallace advised that he was opposed to the resolution in that the resolution requests the Federal Government to introduce legislation to provide for the registration of firearms. The Alderman felt that registration of firearms was not under the jurisdiction of the Federal Government but the Provincial Government. He was also opposed to the provision for significant mandatory Jail terms for the carrying of unregistered hand guns, and felt that there has to be some discretion in some eases. Alderman Crows felt that registration of all firearms would have an effect on legally owned firearms, but felt that it would not prevent the use of firearms in crime. The Alderman also felt that to impose mandatory penalties for all crimes of violence involving offensive weapons was very general, in that many things could be considered offensive weapons under this statement. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Mann, Michael, Orr, Puttick, Schisler, Stewart and Thomson. NAYE: Aldermen Crows, Fera, Harrigan, Smeaton and Wallace. Report No. 297 - City Manager - Re: Organization Chart. The report recommends that the proposed organization chart be approved by Council for use by senior officials in the existing Engineering Department, and that the basic commercial blue background with white lettering and Logo be approved by Council for use on Municipal vehicles other than sanitation Department packers. In this case, the packers will be white with blue lettering and Logo. Alderman Thomson advised that he was in favour of the changes in position title, but felt that any changes~ould not mean an increase in salary. The City Engineer advised that this was not the intent of the change, and that the change would be to more aptly describe the work being done by each section. Alderman Puttick questioned the cost of painting vehicles blue, and asked where the estimate had been.obtained. The City Engineer advised that this cost only referred to new vehicles to be purchased, and that the existing fleet would not be re-painted. The information had been obtained by the Equipment Superintendent on the cost. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. Report No. 298 - City Manager - Re: Proposed Niagara Freeway. The report refers to a meeting held with representatives of the Ministry of TranSportation & Communications, the Niagara Parks Commission, Regional Niagara and the City of Niagara Falls. It is recommended that the report be received and filed. Alderman Thomson commented on the proposed downgrading of Highway #20, and felt that this could affect the operation of the Distribution Centre. The City Engineer advised that the &n~ent was that there were flyovers intended for this highway~ but it was now intended to downgrade to the particular intersections. Alderman Puttick asked how many years were involved. The City Engineer stated that depending on the terms of reference, it would take several years. In answer to a question raised by Alderman Smeaton, the City Engineer advised that the period of time referred to the studies to be carried out, and not the proposed construction. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera, that the report be received and filed. Report No. 299 - City Manager - Re: Regional Municipality of Niagara - 1975 Fiscal Period Budget for Sewer and Water Facilities. The report recommends that the Regional Municipality of Niagara be petitioned to do everything in its power to initiate those Regional facilities required to service the City of Niagara Falls which previously had been under consideration for the years 1974 and 1975. It is further recommended that the report be received and filed. ORDERED on the motion of Alderman Crowe, seconded by Alderman err that the report be received and filed. Report No. 300 - City~nager - Re: Clarification of Declaration of Policy for Subdivision Development, The report recommends an additions1 clause to be added to the Declaration of Policy for Subdivision Development; that the City pay one- half the construction cost of the 12" external sanitary sewer on Thorold SCone Road in connection with Monroe Subdivision, and that the cost estimated in the order of $5,400 be charged against the Expansion and Renewal Fund; and that the City Solicitor be instructed to prepare a by-law authorizing the necessary amendment to the Subdivider's Agreement for Monroe Subdivision. -6- In response to questions.raised by Alderman Puttick, the City Engineer explained the existing policy, and the manner in which this type of situation would be handled under the proposed amendment. The City Engineer was of the opinion that the amendment was appropriate, due to an "inequity" in the present policy, and would provide relief to the existing homes on Thorold Stone, Road, presently serviced by septic .tanks. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Harrigan, Mann, Michael, Orr, Smeaton, Stewart .and Thomson. NAYE: Aldermen Puttick and Schisler. NOTE: Aldermen Fers and Wallace abstained from voting on a conflict of interest, Report No. 301 - City Manager - Re: Contract R.C. 30-74, Base Road Construction Dorchester Road from McLeod Road to Jill Drive. The report recommends that Contnz R.C. 30-74 be extended to include the surface asphalt paving, and that the unit price of $14.65 per ton for the supply and placement of surface course asphalt negotiated with the contractor, Hard Rock Paving Company Ltd. be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Fete, that the report be received and adopted. See Resolution No. 64 Report No. 302 - City Manager - Re: Contract G.C. 10-75, Sewermain, Watermain and Base Road Construction in Ker Park Subdivision. The report recommends that the unit prices submitted by Anthony DeRose Ltd. be accepted, and that the by-law authorizing the execution of the contract agreement be passed. ORDERED on the motion of Alderman Fete, seconded by Alderman Schisler, that the report be'received and adopted. See Resolution No. 65 See By-law No. 75-105 Report No. 303 - City Manager - Re: Tender - Corrugated Metal Culverts. The report recommends that the low bidder, Corrugated Pipe Company be awarded the tender which was called on a group co-operative basis, and that the annual requirement be purchased within the 90-day period and stored in City yards. ORDERED on the motion of Alderman Michael, seconded by Alderman Fern, that the report be received and adopted. See Resolution No. 66 Report No. 304 - City Manager - Re: Falls Industrial Park Extension and closing of streets and lanes sho~n on Registered Plan 2483 for the Towfiship of Stamford, now known as Plan 8. It is reco~aended that Council pass the by-law authorizing an application for an order closing the roads and lanes on Registered Plan No. 2483 for the Township of Stamford now known as Plan No. 8. Aideman Schisler asked why the City would pay for the roads when purchasing the land. !The City Manager explained that the plan showed the roads, but that they had never been constructed or meintained by the City. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in fayour. See By-law No. 75-103 Report No. 305.- City Manager - Traffic Operations Study on the Regional Road System in Niagara Falls. The report rec~nds that the Traffic Operations Study be received and retained for future reference when specific improvements are proposed by the Region, and that the Report be referred to the Municipal Parking Committee for their information and that the Region be informed of. Council~s decision. ORDERED on the motiofl of Alderman Smeaton, seconded by Alderman Fern, that the report be received and adopted, Report No. 306 - City Manager - Re: Parking Controls and Lane Markings Clifton Hill, Niagara Falls. The report recommends that the Municipal Parking Con~nittee be requested to study the recoenendations of the Traffic Operations Report as they apply to the intersections of Clifton Hill with both Falls Avenue and Victoria Avenue, that they obtain adequate input from the businesses affected~ and that they report back to Council at an early date with recommendations. ORDERED on the motion of Alderman Fern, seconded by Alderman Mann, that the report be received and adopted. Report No. 307 - City Manseer ~ Re: Sylvia Place Market.The report reco~e~ends approval of the development plan as presented, and that staff be directed to proceed to obtain the serve.ices of C~eative DeSign Consultants to prepare plans - 7 - and specifications. It was advised in the report that a progress report would be supplied to Council upon completion of the plans and specifications. The Building & Development Co-Ordinator provided an explanation of the proposals and explained several preliminary plans that were posted, showing the building and market area. Mrs. E. Boats, speaking on behalf of the farmers, advised that they were not in favour of the walkway because the fronts of their vehicles would be facing the walkway, while they would be selling from the backs. Mrs. Bosco explained that produce has been stolen from the fronts of their vehicles, and advised that if the building were turned around, the public would not be walking along the fronts of their vehicles. She had spoken with several other of the growers, and they agreed with the plan. The Building & Development Co-Ordinator stated that by doing this, the building could not be extended in an orderly fashion at a later date. Alderman Wallace asked if the canopy type operation would be preferable for the proposed plan. The Building & Development Co-Ordinator replied that in his opinion, it would be preferable. It was further advised that in a recent survey taken of the fruit growers, everyone had indicated that they were ' pleased with the canopy. Alderman Thomson advised that he had reviewed the original plans, and felt that they had now been reduced to the point where the building . would not be a credit to the municipality. Re felt that there should be a similar building at the Sylvia Place Market as had been constructed on Park Street. Alderman Puttick felt that the wishes of the people should be considered, and that the plans should not be changed simply because Council prefers it that way. Alderman Crows advised that the Museum Board was pleased with the concept, and that the primary concern over parking had been resolved. Alderman Thomson hoped that the building would be constructed so that when not in use, it could not be entered by vandals. Alderman Mann indicated that with the monies in the 1975 budget, he hoped that the project could stay within the range, and not use funds from the 1976 budget. Alderman . Thomson asked if there was any truth to the rumour that the expenditure had not been approved by the 0.M.B. The City Manager indicated that this information had Just been determined, and that steps were beir~ taken to appeal this decis ion. - The O.M.B. is trying to include priority items, and it was felt that the City should justify this expenditure to the O.M.B. Following further discussion, it was moved by Alderman Wallace, seconded by Alderman Thomson, that the matter he referred to Creative Design Consultants, with the instructions that the consultants meet with City staff, the Museum Hoard, local merchants and the produce growers in creating a design, and further that the plan be prepared including the covered canopy section. The motion Carried unanimously. Report No. 308 - City Manager - Re: R.R.A.P. Agency Agreement with C.M.H.C. The report advises that the fees payable to the City under its agreement with C.M.R.C. are being increased on all new applications received by the City on and after March 24, 1975, as well as applications which were being processed at that date, but had not received C.M.R.C. final loan approval. It is recommended -that the by-law authorizing an amendment to the agreement be passed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the · report be received and adopted. See ~y-~aw ~o. 75-106 Report No. 309 - City Manager - Re: Ontario Home Renews1 Prograffane, 1975-76. The report advises that the Minister of Housing has advised that the City can now make application for funds to participate in the Ontario Home Renewal Programme · for the fiscal year 1975-76. It is recommended that the resolution, which is required to be attached to the application for funds from the Province, be approved. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. See Re~.~l.~tion No. 6B Report No. 310 - City Me,anger - Re: Landfill Site Fees. The report recommends that the by-law setting out the rates and exemptions be passed, and that the rates be advertised in ell Regional newspaper and fly letters handed out to users of the Landfill Site during two weeks.prior to instituting the fees. His Worship, Mayor Bukator advised that he had received a call froms men st Pakfold Industries who advised him that his Company has been taking their refuse and hauling it to the Landfill Site. The Mayor wondered if a pass could be obt~laed.~or people delivering their own scrap to the dump. -8 - The City Engineer advised that this is done by industries becau6 the policy is that industrial refuse is not picked up by the City. It is not a case of the industry doing this for the City. The Mayor felt that perhaps this matter'should be reviewed since these industries are big taxpayers. The City Manager stated that a certain amoun of money had been set aside in the budget for this operation. If industry were excluded from the fees, the revenue would be reduced considerably. ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler, that the report be received and adopted. See By-law No. 75-111 Report No. 311 - Recreation Conmission - Re: 1975 Recreation Commission Budget. The Recreation Commission extends their appreciation to Council for the co-operat.~ and interest shown towards the Commission's 1975 proposed budget and presentation ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the repor: be received and filed. Report No. 312 - Recreation Commission - Re: Creative Playground-Downtown Area. The report refers to meetings held between the Recreation Commission and the Niagz~{ South Board of Education regarding developmant of a creative playground at the Simcoe Street School. It is reco.~ended that the City of Niagara Palls, in cooperation with the Niagara South Board of Education develop a creative playgr0~ at Simcoe Street School. Alderman Smeaton asked if there was any proposalto restrict the usage of this park to children under seven years of age. The Recreation Director advised that this was not the intent of the playground~ and further advised that there were soccer and baseball facilities nearby for older children. Alderman Wallace felt that this proposal was a breakthrough in the City, in that it is the first Joint venture between the City and the Board of Education to provide outdoor playground facilities. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received and adopted. Report No. 313 - City Manager - Re: Parking Lot on Park Street between St. Clair Avenue and Ontario Avenue. The report recommends.that property be purchased frm Lincoln Trust at the appraised value from the funds budgeted for this purpose in the Parking Mater account. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton~ that the report be received and adopted. ~ Report No. 314 - Deputy City Clerk - Re: Advisory Report. The report reconnnends that the Dorchester Manor Auxiliary be thanked for their invitation for members of Council and their families to attend the annual Family Day Picnic on Sunday, June 15, 1975, and that as many members of Council as possible attend the event; that the request of the Indian ,Defense League of America to use Oakes Park for their annual Border Crossing Parade and Celebration on July 19, 1975 be approved. ORDERED on the motion of Alderman Schisler, seconded by Alderman.Fera, .that the report be received and filed. Report No. 315 - City Manager - Advisin~ of Building Permits issued for'the month of May, 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and filed. Report No. 316 - Loan Review Committee - The report recowaends approval of sevente~ applications for assi8tance under the Ontario Home Renewal Programme. ORDERED on the motion of Alderman Crowe, seconded by Alderman 0rr, that the report be received and adopted. Report No. 317 - Deputy City Clerk - Recoanending approval of Municipal Licences. ORDERED on the motion of Alderman Crove, seconded by Alderman Smeaton, that the report be received and adopted, end liceaces granted. Report No. 318 - City Nansger - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Crowe, seconded by Alderman !tarrigan, that the report be received end adopted. Report No. 319 - Hie Worship, Mayor GeorZe Bu~a*tor - Re: Social Planning Council° Community Resources Centre. It is reoonw~nded that the Nayor and Deputy City Clef] be authorized to sign the eKus~mdaed respecting the creating and furnishing. of a board room in the Coaeunity Resources Centre. ORDERED on the motion of Alderman Smeatoa, seconded by ~Alderman Thomson, that the report be received end adopted. - 9- RESOLUTIONS No. 60 - PUTTICK - THOMSON - RESOLVED that the application of Autoland Chrysler Limited to erect a ground sign of a height in excess of twenty-five feet, but not to exceed thirty-two feet, six inches, be approved; AND The Seal of the Corporation be hereto affixed. AYE: Aldermen Fera, Orr, Puttick, Schisler, Smeaton and Thomson. NAYE: Aldermen Crowe, Harrigan, Mann, Michael and Stewart. Note: Alderman Wallace abstained on a conflict of interest. ~arried No. 61 - THOMSON - MANN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of B. Molodynia for the rezoning of prgperty known as Part Block G, Registered Plan 876, North side of Thorold Stone Road conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and spproved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Smeaton voting contrary and all others in favour. No. 62 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Niagara Peninsula Home Builders Land Development Limited for development of approximately 8.4 acres of property located east of Kalar Road, directly south and abutting Ascot Woods Subdivision, and known as Ascot Woods Extension No. 1, conforms to the Official plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Crows abstainin~ No. 63 - MANN - MARRIGAN - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Paramount Properties Company for development of approximately 15.06 acres of property located on the east side of Montrose Road and to the south of the "Bambi Estates" proposed subdivision, part of the "Lundy Neighbourhood", and known as Rainbow Gardens, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried unanimously No. 64 - MANN- FERA- RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for the surface asphalt paving of DorChester Road from 'McLeod Road to Jill Drive be accepted at the tendered price of $14.65 per ton; AND ~he Seal of the Corporation be hereto affixed. Carried unanimously No. 65 - FERA - SCHISLER - RESOLVED that the unit prices submitted by Anthony DeRose Limited for sewermain, watermain and base road construction in Ker Park Subdivision be accepted at the quoted price of $85s710.72; AND the Seal of the Corporation be hereto affixed. Carried unanimously No. 66 - MICHAEL - FERA - RESOLVED that the unit prices submitted by Corrugated Pipe Company for the supply of corrugated metal culverts be accepted at the tendered price of $8,922.00; AND the Seal of the Corporation be hereto affixed. Carried unanimously No. 67 - CROWE - 0RR - RESOLVED that WHEREAS the Highway Traffic Act has been amended to permit the operation of a motor assisted bicycle on the highway by persons 14 years of age or over; and ~1~REAS such vehicle i8 not defined as a motor vehicle; and WREREA8 such vehicle does not require registration plates to identify the owner; and WHEREAS the person operatin~ such vehicle is not required to obtain a driver'e licenee or pass a driver*s test; and WHEREAS the operator of such vehicle is not required to wear a safety helmet; and .WHEREAS such vehicle is not required to be insured with a liability policy for the protection of others; sn~ WHEREAS section '147(2) H,T,A, as amended by Bill 177 required that the driver of a motor assisted bicycle be identified for the purpose of prosecuting such person for a violation; and ..... 10 - 10 - WHEREAS the driver of a motor assisted bicycle is not required by law to identify himself to a Police Officer; THEREFORE BE IT RESOLVED that the motor assisted bicycle be re-defined as a motor cycle requiring the driver to be licenced, helmets to be worn by riders and insurance coverage be carried by the owner. Such change would reduce the probability of injury to the rider and provide for the protection of other highway users; AND the Seal of the Corporation be hereto affixed. Carried unanimously No. 68 - MANN - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorize the City Clerk to apply to the Ministry of Housing for a provincial grant in the amount of $200,340.00 for the fiscal year of 1975 to 1976 for the purpose of making loans to owners of real property used for residential purposes to assist in the repair, rehabilitation and improvement of dwelling units pursuant to The Housing Development Act and the regulations and subject to the limitation thereof; AND FURTHER THAT the City Clerk is hereby authorized to apply for an accountable advance of $100,170.00 and the Corporation agrees to account for this amount and apply for further payments through the submission of quarter yearly activity reports; ~ND BE IT FURTHER RESOLVED that the Corporation of the City of Niagara Falls hereby agrees to comply with The Housing Development Act and the regulations thereunder in the administration of the OntarinHHomeiR~newal Program; AND the Seal of the Corporation be hereto affixed. Carried unanimously No. 69 - THOMSON - 0RR - RESOLVED that a massage of condolence be forwarded to the family of the late Marry C. Laur, a respected citizen of the courtunity, and long-time employee of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried unanimously BY-IAWS ORDERED on the motion of Alderman Marrigan, seconded by Alderman Thomson, that By-law No. 75-108 be deleted at this time. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fete, that leave be granted to introduce the following by-laws and th%by-laws be given a first reading: No. 75-102 - A By-law to appoint Municipal Law Enforcement Officers. No. 75-103- A By-law to authorize an application for the closing of First Street, Second Street, Third Street, North Avenue and fifteen foot lanes on Registered Plan No. 2483 for the former Township of Stayford now known as Plan No. 8. No. 75-104 - A By-law to authorize an agreement with Willingot System Incorporatei for the supply of clay for the sanitary landfill site. No. 75-105 - A By-law to authorize the execution of an agreement with Anthony DeRose Limited for the construction of sewermains, watermains and base roads. - No. 75-106 * A By-law to authorize an amendment to an agreement with Central Mortgage and Housing Corporation ~especting the Residential Rehabili' tation Assistance Programme. No. 75-107 - A By-law to amend By-law No. 75-31 providing for appointments to certain boards, cemnissions and cc~u~lttees. No. 75-109 - 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. No. 75-110 - A By-law to amend By-law No. 6661, 1964 with respect to signs in the City of Niagara Falls. No. 75-111 - A By-law to amend By-law No. 6867, 1965 regulating the handling, collecting.and.disposal of garbage, ashes and other refuse. No. 75-112 - A By-law to provide monies for general purposes. - 11 - Carried with Aldermen Crowe and Mann voting contrary, and Alderman Wallace abstaining on By-law 75-110 ORDERED on By-laws be No. 75-102 No. 75-103 No. 75-104 No. 75-105 the motion of Alderman Schisler, seconded by Alderman Smeaton, that the now read a second and third time: - A By-law to appoint Municipal Law Enforcement Officers. - A By-law to authorize an application for the closing of First Street, Second Street, Third Street, North Avenue and fifteen foot lanes on Registered Plan No. 2483 for the former Township of Stamford now known as Plan No. 8. - A By-law to authorize an agreement with Willingot Systems Incorporated for the supply of clay for the sanitary landfill site. - A By-law to authorize the execution of an agreement with Anthony DeRose Limited for the construction of sewermains, watermains and base roads. No. 75-106 - A By-law to authorize an amendment to an agreement with Central Mortgage and Housing Corporation respecting the Residential Rehabili- tation Assistance Programme. No. 75-107 No. 75-109 - A By-law to amend By-law No. 75-31 providing for appointments to certain boards, commissions and committees. - 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. No. 75-110 No. 75-111 - A By-law to amend By-law No. 6661, 1964 with respectto signs in the City of Niagara Falls. - A By-law to amend By-law No. 6867, 1965 regulating the handling, collecting and disposal of garbage, ashes and other refuse. No. 75-112 - A By-law;Lto provide monies for general purposes. Carried with Aldermen Crowe and Mann voting t,. contrary, and Alderman · ' Wallace abstaining on By-law 75-110 NEW BUSINESS SUMI~R SCHEDULE OF MEETINGS It was moved by Alderman Mann, seconded by Alderman Thomson, that during the months of July and August, Council meet every second week, commencing June 23, 1975, The motion Carried unanimously. PABKING OF VEHICLES IN FIRE LANES Alderman Michael asked if the Fire Department had the authority to move vehicles blocking fire lanes on private property. The City Manager thought that the Police would have the authority, but advised that he would check into the problem. COMPLAINT HE: BURNING ASPHALT TRUCK Alderman Michael advised that he had received a letter of complaint regarding a truck doin8 paving work in Chippaws that had burst into flames, and the workers had proceeded to throw water on the fire. The gentleman felt that this was the wrong action to have taken under the circumstances. Alderman Michael requested the City Manager to investigate the complaint, COMPLAINT RE: CUMMINGTON SQUARE Alderman Michael referred to o complaint regarding a hole in the sidewalk in Cunnington Square. The City Engineer advised that there had been repairs made, and that in speaking to the owner of the Esso Station, he had been advised that t~r~ was no problem. . .... 12 - 12- COMPLAINT RE: BEES ON WILLOUGHBY DRIVE Alderman Michael advised that he had received complaints regarding bees on Willoughby Drive. Alderman Thomson indicated that the matter was being checked out. C.N.R. PROPERTY NEAR BEAVERDAI{S ROAD Alderman Puttick requested the Works Engineer to check into complaints regarding refuse along the C.N.R. tracks in this area, which was obstructing the flow of water in the culvert. CONFERENCES AND WORKSHOPS Alderman Puttick referred to a report considered by Council on May 26, 1975 where approval would be given at the beginning of each year for attendance at certain conferences and workshops. The Alderman felt that such blanket approval should not have been given, and that staff should not have to call members of Council t0 determine which Aldermen would be attending. It was moved by Alderman Puttick, seconded by Alderman Thomson that prior to up-coming conferences and workshops, a report be submitted to Council so that a decision can be made on those artendingS! REPORTS TO COUNCIL Alderman Thomson referred to the set-up of several reports on the agenda, that lis ted the recommendation at the beginning of the report. The Alderman advised that he preferred to read through a report, and base his decision on the information provided. The City Engineer advised that this method was used by the Region in their reports, but that staff would use the original set-up of reports if Council preferred. It was moved the meeting adjourn. READ AN DOPTED, by Alderman Smeaton, seconded by Alderman Mann, that · ~ MAYOR NINETEENTH MEETING COMMITTEE OF TPE WHOLE Conmittee Room June 16, 1976 Council met in Committee of the Whole at 7:00 p.m. on Monday, June 16, 1975. All Members of Council were present with the exception of Alderman Schisler. Alderman Mann presided as Chairman. Following consideration of ~b~&%f~m~a presented, the Committee of the Whole arose without reporting- ~ i Mayor Council Chambers June 16, 1975 Council met on Monday, June 16, 1975 at 8:00 p.m., following a meeting of Committee of the Whole. All Members of Council were present with the exception ' of Alderman Schisler. His Worship, Mayor George Bukator presided as Chairman. REPORTS NIAGARA FALLS ARENA REFRIGERATION EQUIPMENT The Projects Engineer presented a verbal report on the replacement of exlsting equipment at the Niagara Falls Arena. The new equipment will replace equipment that was originally installed when the Arena was built, and is likely to fail in the middle of the winter season. It is also proposed to increase the capacity to allow summer ice. It was advised that there will be sufficient new equipment to provide ice on an eleven month basis· In addition to providing more dependability, and increased capacity, it is anticipated that the new equipment will reduce the water consumption, simplify the system and make maintenance easier. The work must be carried out before starting to put the ice back in. There are two methods of handling the work, one is to prepare a detailed specification. This is not reconmended because staff does not have the expertise to prepare such a specification, and are not aware of any consultants qualified to do the work. It was also pointed out that if this was done by a consultant, there would be a cost factor on top of the cost of replacing the equipment. The other alternative, which is recommended, would be to have the manufacturer of the existing equipment, Frick, which is handled in the Province by Ramex Systems Ltd., do the necessary work. The firm is reputable, and the City has dealt with them in the past. It was recommended that Ramex Systems Ltd. be asked to submit a single quotation for the necessary equipment at the Niagara Falls Memorial Arena. Alderman Mann asked if there were any local finns capable of handling the necessary work. The Projects Engineer advised that there were no firms locally that could handle the entire contract, but that some of the smaller chores would be subcontracted on a local level. Following further clarification by the City Manager and the Projects Engineers it was moved by Alderman Mann, seconded by Alderman Thomson, that Ramex Systems Ltd. carry out the necessary work at the Niagara Falls Memorial Arena, and that the cast not exceed the budgeted amount of $55s000. The motion Carried unanimously. NIAGARA SOUTH RECREATION CENTRE CONCESSION VENTING The 1975 Operating Budget contains $5,000 to complete the installation of an approved vent system for the existing deep fryer. In order to mske use of the deep fryer at the Niagara South Recreation Centre, it is reckended that an approved vent system be installed. It was moved by Alderman Thomson, seconded by Alderman Smeaton, that the necessary work be undertaken at an amount not to exceed the budSated amount of $5,000. The motion Carried unanimously. - 2 - i Committee Room #1 June 23, 1975 ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson, that leave be granted to introduce the following by-laws and the by-laws. be given a first reading: No. 75-113 - A By-law to authorize the acquisition of land for the purpose of a housing project. No. 75-114 - A By-law to authorize the acquisition of land for the purpose of a housing project and to authorize the execution of an offer to sell to Ontario Housing Corporation. Carried with Alderman Crowe abstaining ORDERED on the motion of Alderman Fera, seconded by Alderman Harrigan, that the By-laws be now read a second and third time: No, 75-113 - A By-law to authorize the acquisition of land for~the purpose of a housing project. No. 75-114 - A By-law to authorize the acquisition of land for the purpose of a housing project and to authorize the execution of an offer to sell to Ontario Housing Corporation. Carried with Alderman Crows abstaining, and contrary to By-law HEW BUSINESS WATER FOUNTAINS - OAKES PARK Alderman Puttick referred to a request made several months ago regarding installation of water fountains in the dug-outs in Oakes Park. The Projects Engineer advised that funds had been included in the budget for the installation · of one fountain, and that work would be underway shortly. NOlSE COMPLAINT Alderman Thomson advised of complaints he had received from a resident, and a motel owner regarding noise from the Lincoln Arms Hotel. Several attempts had been made by these people to request the Hotel to cut down on their noise, but they have been unsuccessful. His Worship, Mayor Bukator suggested that perhaps the Liquor Control Inspector could be contacted in this regard. It was moved by Alderman Thomson, seconded by Alderman Smeaton, that the matter be referred to staff, and the Liquor Control Inspector. The motion Carried unanimously. OVERCROWDING OF CITY MaLL Alderman Thomson referred to the.news coverage in the local press regarding the problem of overcrowding in City Hall. It was suggested that perhaps a report could be brought in at some time in the future regarding the life of the building, as,it looks now, Alderman Smeaton advised that people might have gotten the impression that in several years, a new building would be required; but pointed out that the former City Hall could be used for this purpose. The City Manager indicated that the building is presently leased to the Province, but that the situation could be reviewed prior to:renewing the lease. '~, His Worship, Mayor Bukator indicated that he hoped that the time would come when more space was required, because it would reflect the growth of the City. Alderman Puttick advised t the original plans were~or th&dbullding to ,betorn down, and not to.he~ze~erve for future growth of staff. It was moved by meeting adjourn. -AND ADOPTED, ~ , onded by Alderman Puttick, that the TWENTIETH MEETING COFLMITTEE OF THE WHOLE Council met in Connittee of the Whole at 7:00 p.m. on Monday, June 23, 1975. All Members of Council were present. Alderman Michael presided as Chairman. Following consideration of th i ems presented, the Committee of the Whole arose without reporting. ~a~ READ AND ADOPTED, Clerk ...... ~yor Council Chambers June 23, 1975 Council met on Monday, June 23, 1975 at ?:30 p.m., following a meeting of Committee of the Whole, for the purpose of considering general business. All Members were present with the exception of Alderman Crows. His Worship, Mayor George Bukator presided as Chairman. Alderman Fera offered the Opening Prayer. ADOpTION~.eF.MI~vEES ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the minutes of the regular meeting held June 9th, and the special meeting of June 16th, 1975 be adopted as printed. DEPUTATIONS PETITION RE: CONDITION OF BOSSERT & KING ROADS Comm. No. 54 - Residents of Bosserr & King Roads Area - The petition refers to the deplorable condition of King Road, which is used as a school bus route, and poor drainage of ditches along the roadway. Niagara Palls Review paper delivery has been refused for this area. With respect to Bosserr Road, it needs to be completely stoned and needs a new culvert. The residents are concerned about fire, police and ambulance service because of the condition of these roads. Mr. Jack Warden was granted permission to address Council on the motion of Alderman Stewart~ seconded by Alderman Thomson. Mr. Warden had no farther comments to make on the petition, and asked what steps the City would take to improve the situation. The City Engineer advised that there were no monies in the current budget for this work. Due to construction in the area by the MTC, it was felt that no road construction should be carried out because of the effect heavy construction equipment has on this type of road. The MTC will subsidize the cost of the work on the basis of the type of traffic intended for the particular roadway. The roads in question would not stand up to the heavy equipment used by the MTC in constructing the overpass in the area, and it was felt that construction should be carried out after the MTC has completed their work in the area· Alderman Wallace asked if the necessary work could he done under the Local Improvement Act. The City Clerk advised that the Act does apply to rural areas, but that there must be a certain percentage of owners in fayour of the proposal. Following further discussion and clarification by the City Engineer, it was moved by Alderman Puttick, seconded by Alderman Orr, that the matter be referred to the City Manager for a report to be submitted at the next meeting outlining the cost, and how this work can be implemented within ninety days. The motion Carried with the following vote: AYI~.: Aldermen Fare, Mann, Orr, Puttick, 8thislets Smeaton', Thomson and Wallace. N~YE: Aldermen Michael and Stewart. NOTE: Aldermen Crowe and Harrigan were absent from the meeting when the vote was taken on this matter. ARMSTRONG COMUNICATIONS LTD. Coup. No. 55 - Armstron~ Communications Ltd. - The communication requests that -2- in all new subdivisions, that the developer be requested to grant a five foot easement on either side of rear lot lines for the purpose of installation and maintenance of underground Cable T.V. and pedestals~ and that in mature areas, placement of pedestals would be acceptable to the Engineering Department. Mr. R. Armstrong was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Fera. Mr. Armstrong provided Council with an explanation of the operation, and showed a number of slides illustrating the placement of pedestals. It was advised that the public might complain about the pedestals, but that the Company would try to make them as inconspicuous as possible. Mr. Armstrong provided clarification on various points raised by members of Council. ORDERED on the motion of Alderman Michael, seconded by Alderman Fera, that the matter be referred to the Planning &~E~,el~pment Committee for consideration at "'/.their next meeting. 'Note: Alderman Crows arrived at the meetins. ' ....... CONDITION OF FORF~R MYER SALIT PROPERTY Mr. Steve Szolga was granted permission to address Council on the motion of Alderman Stewart, seconded by Alderman Fera. Mr. Szolga advised that he resided at 6050 Buchanan Avenue, and that he wished to speak to Council on the condition of the former Myer Salit Property located at the corners of Buchanan, Robinson and Clark.' The property is now owned by G & A Holdings.. Mr. Szolga 'advised that he had contacted the owner of G & A Holdings, Mr. E. Chorozy and requested thst the property be cleaned up on three occasions. On each occasion, he had been assured that the property would be cleaned up. He had contacted Mr. R. Perkin of the firm regarding the fence around the property which had fallen down during a storm. The fence had been repaired, but the property was still not cleaned up. Children are playing in and around the building, and this could be dangerous. It was further advised that since this property is located in the heart of the tourist industry, ~teps should be taken to have the property cleaned up. Mr. Szolga had requested Alderman Mann to check into the matter for him, and was advised that a letter had been written by the Building & Development Co-Ordinator to Mr. Perkin instructing that the site be cleared and cleaned before June 15, 1975. To date, nothing has been done. Mr. Szolga requested Council to take action in having the property cleaned up. Alderman Puttick asked if this property could be handled through the Property Standards By-law. The City Manager advised that this By-law only referred to residential property, and not industrial or commercial. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the matter be referred to the ~ity Manager for a report to %e submitted at the next regular meeting, outlining when the peteessay wOrk~will be carried · out, and further that G & A Holdings be contacted in this regar<. UNFINIS}~D BUSINESS LICENSING OF TRAILER CAMPS Report No. 320 - City Manager - Re: Licensing of Trailer Camps. The report refers to previous reports considered by Council, and .recon~ends that the $15.0~ licenee fee be reinstated as of January 1, 1975, and that .the fee be increased to $20.00 effective January 1, 1976. Mr. John Johnson, a resident and mobile home park owner in St. Catharines was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Fera. Mr. Johnson advised that since all homes are not taxed the same, and liceace fees for cars and trucks are ~ifferent, the licence fees for mobile homes should be different as well. There is as much variation in a mobile home as there is in a private home. Although these owners receive the benefit of education, police and fire, they · do not receive snow removal, street lighting, street cleaning, etc. in the pork. A per square footage fee of 20¢ for each mobile home was suggested as a fair mathod of taxing the homes, and would return to the City 80% of the assessment paid last year. A person with a larger home would automatically pay more. Mrs,,Johnson suggested that the most economical way of handling the fee would be by means of e card on which the name of the owner. make and size of the unit, and the location would b~ filled in on the card by the person registering. If verification was required, an inspector could be sent out. Alderman Wallace asked what the most c~on size of trailer in a park would be. Fir. Johnson replied that 60~ x 12~ was fairly average. -3 - Alderman Smeaton advised that on a 12' x 60' mobile home, the fee would amount to $154 per annum using the 20¢ fee, and $180 per annum, using a 25¢ fee. These amounts are below the recommendations in the report. The City Clerk pointed out that under the Municipal Act, the maximum monthly fee allowed was $20.00. The Alderman felt that the suggestion did make sense, and made a motion to table the matter for two weeks to allow consideration of Fir. Johnson's suggestion of a per square footage fee. The motion did not receive a seconder. It was then moved by Alderman Smeaton, seconded by Alderman Stewart, that Mr. A. Doherty be granted permission to address Council. Mr. Doherty advised that the tenants have no sewers, City water or street lighting. It was agreed that some residents ~o have children attending local schools, but the greater' number do not. The police do not patrol the parks, and can only enter if requested. With regards to fire protection, there is only one hydrant for forty-four homes on an area of four to five acres. The only other protection is by dry chemical extinguishers, which are kept in the homes. It was felt that the City should set some standards for services in these parks, and further suggested that the City consider the possibility of establishing a mobile home park. Due to the fact that rents in the park run from $82 to $95, and that many residents are on fixed incomes, it was felt that an increase of $15.00 or $20.00 'would be a great hardship. Mr. Doherty agreed in principle with the per square footage fee, but felt that 20¢ was too high, in that the residents of mobile home parks do not receive all of the services that a private home owner does. Alderman Mann pointed out that the City does have a by-law, and that the City is merely enforcing the existing by-law. The Alderman made a motion to reinstate the $15.00 per month fee effective January 1, 1975, but the motion did not receive a seconder. Alderman Michael felt that the residents of the parks did wish to pay their share, but felt that they were also requesting assistance in setting standards. He questioned why these residents should all pay the same tax When private home owners do not, when the only difference is that although these people own their homes, they don't own the land. He felt that the residents are asking for rules by which they can live, and suggested that the City check into the possibility of owning a mobile home park. It was then moved by Alderman Michael, seconded by Alderman Smeaton, that the matter be · tabled for a further report. The motion was Defeated with the follo~ing vote: AYE: Aldermen Michael, Orr,-Smeaton, Stewart and Thomson. NAYE.: Aldermen Crows, Fera, Harrigan, Mann, Puttick, Schisler and Wallace. Alderman Harrigan asked if the City had the authority to create rules and regulations on the operation of trailer parks. The City Solicitor pointed out that the by-law in effect since 1963 deals with licensing and regulating of the parks, but advised that it merely sets some standards for 'physical requirements of the parks. The Solicitor felt that he could not give 'a definite answer on the City becoming involved in such matters as security of tenure. Alderman Crows advised that he was in favour of the graduated system, which allows the smaller units a variance in cost. He felt that if standards were set by Council, those standards and the cost of implementation would be passed down in the form of rent increases. .Alderman Fera felt that the suggested 25¢ was not sufficient, and suggested a fee of 30¢. Other residents in the City received an increase in taxes, and the owners of mobile homes should not be an exception. The City Clerk pointed out that the question of a graduated scale had not been considered previously~ and suggested that a report be prepared on the matter. It was then moved by Alderman Wallace~ seconded by Alderman Harrigan, that the City assess a license fee of 25¢ per square foot for all mobile homes in the City, with the provision that no licenee exceed the sum of $20.00 per month, and that the fee be made retroactive to January 1, 1975. The motion was Defeated with the following vote: AYE: Aldermen Crows, Harrigan and Wallace. NA.Y~..: Alderman Fera, Mann, Michael,.Oft, Putticks Schisler, Smeaton, Stewart end Thomson. It was then moved by Aldermen Thomson~ seconded by Alderman Orr .that the matter be tabled.lfor two weeks~ pending consideration of the matter with full input by the owners and residents of mobile home parks, and that a complete report be submitted. The motion Cart.is4 with Aldermen Fera and Mann votin~ contrary, and all others in favour. -4- [ REQUEST OF WELlAND SECURITIES RE: CL06ING AND CONVEYANCE OF ROAD ALLOWANCES Report No. 321 - City Solicitor - Re: Request of Welland Securities Limited to Close and Convey Unopened Road Allowances in the former Township of Willoughby. The report refers to a request of Welland Securities to close and convey certai~ road allowances within the boundaries of a 315.8 acre tract of land owned by the firm. Mr. Swayze pointed out that some doubt existed regarding the legal status of the road allowance between Lots 22 and 23, and between the Broken Front Concession and Concession 1 in Lot 23, and expressed concern that his client not be required to purchase road allowances that legally do not exist. He agreed however, that the City should proceed as suggested by the City Solicitor, in the formal closing of all the road allowances mentioned, on the assumption that they do in fact legally exist. He suggested that if his client, Welland Securities, can provide evidence that road allowances between Lots 22 and 23 and between Broken Front Niagara River and Concession 1 in Lot 23 do not legally exist, his client should not be required to buy them from the municipality. Be suggested that the City proceed, and that i' further meetings be held between Welland Securities and City staff to determine the area of the road allowances to be closed and to recommend the purchase price to be paid to the City. With respect to the roadallowance between Lots 20 and 21, Alderman Puttick suggested that the recommendations of the City Solicitor be subject to Welland Securities submitting proof to the municipality that a predecessor in title of Welland Securities was in fact owner of the land upon which Edgworth Road was located. Alderman Schisler felt that the roads did exist, if the City must go through the motions of a formal closing in these situations. It was moved by Alderman Thomson, seconded by Alderman Fern, that the report of the City Solicitor be received and adopted, subject to Welland Securities submitting proof that a predecessor in title was owner of the land taken for the section of Edgworth Road referred to in the report. The motion Carried with Alderman Schisler voting contrary, and all others in favouro CObR4UNICATIONS No. 56 - Regional Municipality of Niagara -The communication requests the conlnents of the municipality with respect to the Waste Management Study prepared by Proctor & Redfern. ORDERED on the motion of Alderman Thomson, seconded by Aiderman Smeaton, that the communication be referred to staff for a report. No. 57 - Regional Municipality of Niagara - The c.o~nnnination requests infor- mation from the municipality regarding specific projects which the Ontario Municipal Board has deferred approval. It was advised by staff that an explaoation of the pertinent items in the Capital Budget was forwarded to the Region three weeks ago, and that a communication has been sent to the Ontario Nunicipal Board requesting reconsideration of their position. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that 'the communication be received and filed. No. 58 - Regional Hunicipaltty of Niagara - The communication refers to a joint ~ ' meetin~ held with representatives of the M.T.C., N.P.C. and the City of Niagara ,, Palls and Regional Niagara, at which it was reco~aended that the Technical Advisory Committee t~4be designated responsibility for preparing a report on the long range transportation plans in the City, and the desirable updating of the Niagara Falls Transportation Studies. ORDERED on the motion of Alderman Michael, seconded by Alderman Ears, that the c~unication be received and filed. No. 59 - Niagara Regional Board of Go~aisSioners of Police - The communication advises that the' Board' has approved meter rate increases for Niagara Falls taxi- cab companies. ORDERED on the motion of Alderman Mann, seconded by Aldermen Schisler, that the ~ommunication be received and filed.- " No. 60 - Trojan Band Association - The c~unicatton expresses the appreciation of the Association for the courtesy shown to them while in Niagara Falls. ORDBRED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the cowmunicstion be received end filed, and copies sent to the Niagara Promotiot Association and the Niagara Resort and Tourist AssoCiation. - 5 - No. 61 - Dr. G.L. Hadley AND No. 62 - Dr. J.P. Davidson - The conmunications refer to the tragic accidents that have occurred at Dufferin Islands during the past few years, where young people have been permanently crippled by fractures of the cervical spine as a result of diving off the bridge, and striking their heads on the bottom. Both communications request that steps be taken to have diving prohibited from the bridge, and that steps be taken to make it physically impossible for these tragedies to recur. Alderman Harrigan referred to the traglc results of these accidents, and requested that some type of protective barrier be erected to make diving physically impossible from the bridge. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson, that a resolution be forwarded to the Niagara Parks Commission requesting that inmedlate steps be taken to permanently prohibit or prevent young people from diving from the bridge in question. The motion Carried unanimously. See Resolution No. 70 REPORTS No. 322 - City Manager - Re: Pietrangelo/Palumbo Proposal. The report refers to s proposal to separate a parcel of land acquired jointly by seven members of the Pietrangelo family, into seven lots on which residential dwellings would be erected. The report outlines the methods available to the family, and it was recommended that a copy of the report be forwarded to the Pietrangelo family, so that they may select the most appropriate course of action. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that the report be received and adopted, and that a copy of the report be forwarded to the family. No. 323 - Planning & Development Committee - Re: AM-46/74, Gales Gas Bar Ltd., Northwest Corner Thorold Stone Road and St. Peter Avenue. The report recommends that Council deny the application of Gales Gas Bar Ltd. The City Clerk advised that a letter had been received from the firm of Broderick, McLeod, Clifford, MarineIll &A~adio, informing that it was not their intent to urge approval of the application in its present form, and that a further proposal would be presented which hopefully would satisfy the requirements of the applicant and the interests of the adjacent land owners. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the recommendation of the Planning & Development Co~nnittee be adopted, and the applicationbe denied. NOTE: The Report on Proposed Guidelines for Power Equipment Purchasing was brought forward for consideration at this time. No. 324 - City Manager - Re: Proposed Guidelines for Power Equipment Purchasing. .The report recommends that Coundil adopt the procedure of acquiring power equipment by quotations through the Purchasing Agent with final purchase approval to be granted by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the report be received and adopted. No. 325 - Planning & DeVelopment Committee - Re: AM-9/75, B. giants, East Side Dr,,mmond Road. The report recouuuends that Council approve the application of B. giants, subject to parking being located in the rear of the building, and that Council certify by resolution that the application conforms to Official Plan Amendment No. 28 of the Niagara Palls Planning Area as amended and approved by the Minister of Housing. Alderman Puttick was critical of the fact that the Co~mnittee had approved the application when staff had recommended denial, and referred to a previous application that'had been dealt with in a simila, r manner. Alderman Crowe pointed out that there were several c~ercial establishments in the area, and that traffic and parking in the area were hazardous. Aldermen Fete felt that the application should be nonsidered on its own merits, and that such text-book approaches too~he OfficialsPlan should not be taken, Alderman Harrigan felt that the decisions are based on what is best for the greatest .number of people in the City. It was moved by Alderman Puttick, seconded by Alderman Thomson that the report be'tabled, that a survey be taken of the area for an overall development plan of the area, and that a further report be submitted by the Planning Department and the Plannir~ & Development C~uauiCtee. The motion was ~__:r~eefeated with the following vote: rmen Puttick, Schisler, Smeaton and Thanson. NAY~.:Aldermen Crowe, Fara, HarriSan, Mann, Michael, 0rr, Stewart and Wallace. - 6- It was moved by Alderman Fare, seconded by Alderman Orr, that the recommendation of the Planning & Development Connnittee be adopted, and the application approved. The motion was Defeated with the following vote: AYE: Aldermen Fete, Orr, Smeaton and Stewart. NAYE: Aldermen Crowe, Harrigan, Mann, Michael, Puttick, Schisler, Thomson and Wallace. It was then moved by Alderman Harrigan, seconded by Alderman Crowe, that the application be denied. The motion Carried with the following Vote: AYE: Aldermen Crowe, Harrigan, Mann, Michael, Puttick, Schis ler, Thomson and Wallace. NAYE: Aldermen Fare, Orr, Smeaton and Stewart. No~.19261- City Manager - Re: Proposed Plan of Subdivision, Ontario Housing' Corporation. The report recommends preliminary approval of the proposed subdivision subject to six conditions, 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. Mr. Eli Jonovich was granted permission to address Council on the motion of Alderman Stewart, seconded by Alderman Smeaton. Mr. Jonovich advis~ that he represented the Serbian Church, abutting land owners to the subdivision. Following preliminary meetings with sbaff~a~hehmembers of the Church are agreei~ with reluctance. Mr. Jonovich advised that the members felt the new proposal would curtail their marriage gatherings, increase vandalism and devaluate the property due to the 20' lots. As a rnsult of the meetings, the Church is agreeable on the following conditions: 1) That a 6' wooden fence be constructed along the southerly boundary of the Church property extending the distance of .r%he subdivision; 2) That the present entrance become a permanent entrance for the Church's use; 3) That the unopened road allowance (Alem~ Street) be made available to the Church as a second entrance to their property (the church was built in its present location because it was the intention of the City to open Alem t Street and locate all services on that street. At that time a hall was proposed, but these plans must be altered because of the O.H.C. proposal); and 4) That atte~pts~be:made. to makez'allapro~peotive purchasets~awA~e of the Church's functions? The Deputy Planning Director advised that O.H.C, normally does erect a fence in this type of development. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. See Resolution No. 71i No. 327 - MaygrNBukator~ alde~msn.'ParrEgan,-City Man~f~ Re~ Canadi.~n Federati~ Of Mayors and Muntcipalt~tps~,'t~h~l'~epoft~dvlsesaofc~h~prnceedings of the Annual Conference. ' ' ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and filed. ' No. 328 - City Manager - Re: C.A.M.A. Conference. The report advises of the ,roceedings of the Annual Meeting. ORDERED on the motion of Alderman Thomson, seconded bY Alderman SteWart, that the report be received and filed. No. 329 - City Manager - Re: Retirement Allowances. The report recommends that Coundil adopt a maximum retirement allowance of $1,600 to be reduced by the total of all other payments under an approved Municipal Pension Plan, Old Age Security and Canada Pension Plans, in excess of $4,200, and that the total amount includi~ the allowance not exceed $5,800 per annum. It is further reckended that the by-law authorizing the allowances be passed. Alderman Puttick felt that the allowances should be made retroactive. The City Manager advised that the monies could be found in the budget if Council so'directed. It was moved by Alderman Puttick, seconded by llde~msn Smeston, that the retirement allowances be made retroactive to January 1, 1975. The motion was Defeated with the following vote: ATa: Aldermen Orrs Puttick, Smeeton and Thomson. NAYE: Aldex~nen Crows, Fares BarriSen, Mann, Michael, Schislers Stewart and Wallsc, retirement allowances should be based on e means test. Alderman Thomson felt that the formula used in determiniS8 the amount of the alllowance was as close ~o ~ means test as Council could get. -7- Alderman Puttick pointed out that no means test was used when awarding a pension under a union contract. Alderman Crowe felt that the retire- ment allowance was a gift, and not awarded as part of a wage package. It was moved by Alderman Smeaton, seconded by Alderman Thomson, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in favour. See By-law No. 75-119 No. 330 - City Manager - Re: Efficiency Study. The report advises that further quotations have been received by Sago International Ltd., Stevenson & Kellogg Ltd., and P.S. Ross & Partners to cover the assessment of all City Hall Management, Supervisory, clerical and technical positions. Amended costs estimates were included in the report. Mr. R. Pierce, president of Sego International Ltd. was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Stewart. Mr. Pierce advised that in the original quotation, he had allowed for interviews of members of all supervisory staff involved in all clerical operations. In the amendment, it was determined that the additional work would not create much more work. Mr. Pierce answered a number of questions raised by members of Council regarding the study. Mr. George Norval, and Ms. C. Graham representing Stevenson & Kellogg Ltd. and P.S. Ross & Partners respectively, provided information to Council on the grounds on which their firms' quotations were based. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the firm of Sago International Ltd. carry out the proposed efficiency study of all clerical and technical positions, including supervisory and management personnel. See ResolUtion No. 72 No. 331 - City Manseer - Re: Lots 44, 49 & 50 Falls Industrial Park. The report advises that a request has been received from Strev Construction Co. Ltd., owner of Lot 44 to lease the lot to Seven-Up (Ontario) Ltd., and from Pakfold Continuous Forms Ltd. to sell Lots 49 and 50, which they own, to Data Business Forms Ltd. In that the properties comply with the site plan approved by the City, it is recommended that the City's approval ~o the lease and the sale be given, subject to the lessee and the purchaser entering into agreements with the City to observe and be bound by such covenants as are applicable to leased and purchased properties respectively. ' ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewart, that the report be received and adopted. Note: Aldermen Crowe and Smeaton were absent when the vote was taken on this matter. No. 332 - City Manager - Re: Sale of Lot 32, Falls Industrial Park. The report reco~nends that Council auth0rizethe sale of Lot 32 to Mac. Marin Iafrate in trust for Delsan Investments Limited and that the City Soli~itor be a~thorized to prepare the necessary documents. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-la~ N~.. 75-.1.~ NOte: Alderman Crowe was absent when the vote was taken on this matter. No. 333 - City Solicitor - Re: Palmar Avenue Extension. The report advises of the status of expropriation proceedings on the Palmar Avenue Extension. It is recor~nended that the report be received and filed. ORDERED on the motion of Alderman Manna seconded by Alderman Schisler, that the report be received and filed. Note: Aldermen Crows and Michsel were absent when the vote was taken on this metter. No. 334 - City Maneget - Re: Regional Uniform ~raffic By-law. The report reckends that the Region be informed that the' City approves the Uniform Regional Traffic By-law subject to a change in the voluntary payment period to 72 hours and the overnight parking prohibition hours to between 3:00 a.m. and 6:00 a.m. No. 335 - City Manager - Re: Uniform Regional Parking Meter By-law. The report recon~ends that the Region be informed that the City agrees with the passing of the Regional Uniform Parking Meter By-law subject to deletion' of the section exempting privately owned vehicles. Alderman Thomson felt that these two reports were misleading. The Aldermah felt that the rece~,~endations in the reports were those-of staffs /L -8- and not those of the Municipal Parking Committee. The City Engineer advised that the terms of reference for the Committee allowed for infornmtion and input, but that the reconraendations of staff are recognized as well. The opinions of staff are outlined in these two reports, and the Connnittee's recommendation is dealt with in a further report. Alderman Puttick pointed out that the Traffic Operations Study for Niagara Falls, which Council unanimously adopted, was based· on an overall picture of the City, and that certain items Council was now criticizing were included in the studyI Note: Alderman Harrigan retired from the meeting~ ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the two reports be referred back to the Municipal Parking Committee for further consideration. , No, oSS6::e City Manager - Re: Report from Parking Committee, Regional Traffic and Parking Meter By-laws. The Municipal Parking Coua. ittee recommends that Council pass a resolution requesting the Region to take the necessary steps to provide that the area municipalities control parking and traffic matters on .regional roadways in the built-up commercial areas,' and that this resolution be circulated to the other area municipalities within the Region. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that the recommendation of the Municipal Parking Committee be adopted. The motion Carried with Alderman Puttick voting contrary. See Resolution No. No. 337 - City Manager - Re: Re-Zoning of Plans of Subdivision. The ~eport outlines three recommendations covering re-zoning of subdivisions, by means of an amendment to the original subdivision agreement. ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewarts that the report be received and adopted. No~'938N~.City Manager - Re: Guideline for Park Fencing. The report recommends that Council adopt the Guideline for Park Fencing Program. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in fayour. No. 339 - City Manager - Re: Partial Landfill Site Fees. ~he report reconmends that the trailer camps for "transient" trailers pay 75% of' the regular fees pertaining to the GVW of the vehicle in which these camps choose to haul house- hold garbage to the City Landfill Site, provided that the camps shall'haul all such garbage. A letter from the Canadian Niagara Campgrounds Association was attached agreeing to the rec(amuendation. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewar~ that the report be received and adopted. - No. 340 - Recreation CommisSion - Re: Niagara Central Recreation Board. The report advises that a request has been received to appoint Ms. Janet Aitcheson as a member of the Niagara Central Recreation Board. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler; that the report be received and filed. No. 341 - Recreation Commiss ion - Re: Grassy Brook Park. The report advises of letters received from local Scouting authorities expressinS the success and appreciation of the Scoutere with respect to a recent Boy Scout Camporee held at Grassy Brook Park. ORDERED on the motion of Alderman Mann, seconded by Aldermn Schisler, that the report be received and filed, and copies of the letters sent to a donor to the GrasSy Brook Park, No. 342 - City Manager - Re: Youth Band. The report advises that since the 'local schools are not interested in establishing a marching band, that the City support the existing marching band which is the Royal Canadian Legion Branch 396 Pipe and Drum Band, and recognize them as the o~ftoial Niagara Falls band. ORI~RMD on the motion of Alderman Miehael~ seconded by Alderman Wsllace~ that the report be received and adopted. - 9- No. 343 - Mayor George Bukator - Re: Toronto Power House - Possible Hydro Museum. The report indicates that the Ontario Hydro storehouse on Kipling Street in Toronto has in storage many antiques which were part of the original power pro- ducing units. The Mayor requests the permission of Counci]. to contact the Honourable John T. Clement, to make arrangements to discuss the matter further with the co-operation of the Provincial Government and the Niagara Parks Commission, with the possibility of converting the Toronto Power House into a Hydro Museum. ORDERED on the motion of Alderman Crows, seconded by Alderman Fern, that the report be received and adopted. No. 344 - City Manager - Re: Rodent Control in the City of Niagara Falls. The report recommends that the ~uot~t~on of PCO Services for rodent control covering private residences, city properties and the sanitary land fill site operation, be accepted from July 1st, 1975, and that the lump sum price be paid in advance in order to effect a $102.00 savings, and further that the by-law authorizing the agreement be passed. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the report be received and adopted. See Resolution No. 74 See By-law No. 75-121 No. 345 - Deputy City Clerk - Re: Advisory Report. The report recommends that the comanunication from the Niagara Falls Fire Department thanking members of Council and staff for their assistance to the Fire Department in hosting the Ontario Fire Chiefs' Conference be received and filed; and that the request of the Canada Manpower Centre for Students to erect a banner across Queen Street containing the words "Help Build Cansda's Tomorrow - Hire a Student Today", be approved subject to approval of Niagara Falls ~ydro. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the report be received and filed. No. 346 - Loan Review Committee - The report rec~mnends approval of two applica- tions for assistance under the Ontario Home Renewal Programme. ORDERED on the motion of Alderman err, seconded by Alderman Thomson, that the report be received and adopted. No. 347 - Deputy City Clerk - Recoummnding approval of Municipal Licenoes. ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that the report be received and adopted, and licenoes granted. No. 348 - City Manager - Hecuuunending payment of Municipal Accounts. The City Man~8~ pmovided eXplamit~onsr~onAldermen Stewart and Thomson, regarding Cheque No. Z4695 and No. 24697. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. RESOLUTIONS No. 70 - HARRIGAN - THOMSON - RESOLVED THAT WHEREAS young people have been permanently crippled by fractures of the cervical spine as a result of diving from the bridge at Dufferin Islands in the area known as "First Falls!', and striking their heads on the bottom; That the Niagara Parks Carmission be requested to take the necessary Steps, such as erecting some type of protective barrier to make diving from the bridge physically impossible~ AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 71 - THOMSON - SMEATON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the applicationof Ontario Housing Corporation. for development of approximately 48.5 acres of property located west of Moatrose Road and to the south of Lundy's Lane, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the. Minister of Rousing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 72 - THOMSON - SMEATON - RESOLVED that the quotation submitted by. Sego International Limited to'cerry out an efficiency study be accepted at the quoted price of ,13,750.00| AND the Seal of the Corporation be hereto. affixed. Carried Unanimously - 10 - - 11 - No. 73 - .THOF~ON - WALLACE - RESOLVED that the Regional Municipality of Niagara be requested to take the necessary steps to provide that the area municipalities control parking and traffic on regional roadways in the built-up commercial areas; AND. BE IT FURTHER RESOLVED that copies of this resolution be circulated to all area' municipalities in Regional Niagara for endorsation and support; AND the Seal of the Corporation be hereto affixed. Carried with Ald. Puttick Cont~] No. 74 - MANN - CROWE - RESOLVED that the. quotation submitted by Pest Control Operators Limited for rodent control, at the quoted price of $1,224.00 per year be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly No. 75-40 - A By-law to authorize the reconstruction of Ferguson Street from Victoria Avenue to Terrace Avenue. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann, that the By-law be now given a third and final reading. Carried Unanimous ly ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that leave be granted to introduce the following by-law, and the by-law given a first readi~ No. 75-115 - A By-law to authorize improvements to the electrical power distribu- tion system of the City. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the following by-law be given a second reading: No. 75-115 - A By-law to authorize improvements to the electrical power distribu- tion system of the City. Carried Unanimously ORDERED on the motion of Alderman Crowe, seconded by Alderman 0rr, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: Note: By-law 75-116 was deleted. No,125-I171~ A By-law to provide for the remuneration of members of the Council. No. 75-I18 - A By-law to authorize an. amendment to the subdivision agreement respecting the Monroe Subdivision. Note: Alderman Fera declared a conflict of interest with respect to By-law 75-118, and abstained from voting on this item. No. 75-119 - A By-law to grant retirement allowances to municipal employees. No. 75-120 - A By-law to authorize the acquisition of land for municipal parking purposes, No. 75-121 - A By-law to authorize the execution of an agreement with Pest Control OperatorsLLimited for the control of rodents. No. 75-122 - A By-law to authorize the sale of land in the Falls Industrial Park. No. 75-123 - A By-law to. provide monies for general purposes. · Carried with Alderman Fera abstaining on 75-118 ORDBRED on the motion of Alderman Crows, seconded by Alderman Puttick, that the By-laws be now road a second and third time: ~o. 75-117 - A By-law to provide for the remuneration of members of the Council. No. 75-118. A By-law to'suthorize an amendment to the subdivision agreement respectin~ the Monroe Subdivision. Note: Alderman Fera declared a conflict of interest with respect to By-law 75-118, and abstained from voting on this item. No. 75-119 - A By-law to grant retirement allowances to municipal employees. No. 75-120 - A By-law to authorize the acquisition of land for municipal parking purposes. No. 75-121 - A By-law to authorize the execution of an agreement with Pest Control Operators Limited for the control of rodents. No. 75-122 - A By-law to authorize the sale of land in the Falls Industrial Park. No. 75-123 - A By-law to provide monies for general purposes. Carried with Alderman Note: Alderman Schisler was absent when the vote Fera abstaining on By-law was taken on the .second and third reading. 75-118 NEW BUSINESS CITY SWIb~tlNG POOLS Alderman Thomson requested if it would be possible to open the pools earlier in the year when the weather is warm, to permit children to use the pools after school hours and on weekends, and the pass ibility of extending the season into September if weather permits. The City Manager pointed out that the pools were opened earlier this year than before, and that this practice was always followed if possible. The City Manager suggested that a policy could be drawn up on this matter. HEIGHT OF HEDGES Alderman Thomson referred to a hedge on property located at the corner of Sixth Avenue and Bridge Street that is a traffic hazard due to its height. The Alderman asked if the City had the authority to trim these hedges when they block the view of motorists at intersections. The City Clerk advised that the City did not have this authority, but that a 3udga's order could be obtained instructing that the hedge be trimmed. REGIONAL SLUDGE DISPOSAL SITE Alderman Puttick referred to a report of the Regional MuhiCtpality of Niagara wherein it was recommended that the Region purchase the property located at the northwest corner of Montrose and Schfsler Roads for the purpose of a sludge disposal site. His Worship, Mayor Bukator pointed out that the Region must still.apply to the City for rexcuing of the property. Alderman Thomson advised that he had been approached by a concern with a unique proposal to pick up the sludge and deliver it to their private site where lagoons will be set up. The sludge will be used in a sod farming operation. The Alderman suggested that a meeting be set up with these gentlemen, and members of the Regional Council to explain the proposal. It was felt that with the backing of the City, serious consideration would be given by the Region to this proposal. COST OF 1976 SUMNER OLYMPICS Alderman Puttick referred to a resolution passed by Council on February 3, 1973~ directed to the Prime Minister of Canada, regarding the cost of the sunnner Olympics in 1976. At that time~ the Prime Minister, as well as the Premier of the Province of Quebec advised that no Province other than Quebec would contribute towards the cost of the Olympics. It was moved by Aldermen Puttick~ seconded by Alderman Mann, that a resolution be presented at the O.M.A. Conference, requesting the Prime Minister to re-affirm his stand of 1973, that no Province other than Quebec would contribute towards the cost of the 1976 Olympics. RAILWAY RELOCATION COMMITTEE Aldermen Stewart and Thomson volunteered to act as members on the Railwsy Relocation Committee, replacing former City aldermen e. Walker and R. Keighan. - 12- It was moved by Alderman Mann, seconded by Alderman Stewart, that the meeting adjourn. . ,,A~,,, READ AND ADOPTED, Mayor TWENTY-FIRST MEETING CO~R4ITTEE OF THE WHOLE Committee Room July 7, 1975 Council met in Committee of the Whole at 7:15 p.m. on Monday, July 7, 1975. All Members of Council were present with the exception of Alderman Smeaton. His Worship, Mayor George Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, Clerk Mayor Council Chambers July 7, 1975 Council met on Monday, July 7, 1975 at 7:30 p.m., following a meeting of Committee of the Whole, for the purpose of considering general business. All Members were present with the exception of Alderman Smeaton. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES The City Clerk pointed out that the unopened road allowance referred to as Ethel Street on Page 6, lines 28 and 31, should be corrected to read Alem Street. It was moved by Aldermen Thomson, seconded by Alderman Stewart, that the minutes of the meeting of June 23,.1975, be adopted as corrected. UNFINISHED BUSINESS LICENCE FEES FOR MOBILE HOMES Report No. 349 - City Manager - The report refers to previous reports dealing with the licenee fee for mobile homes, and rectumends a monthly licenee fee based on 2.75¢ per square foot on all mobile homes (33¢ per square foot per annum) based on the outside dimensions of the mobile home; a meximum monthly fee of $20 per month and minimum monthly fee of $8; and that the $15 per month fee presently authorized by the by-law continue from January 1/75 to July 31/75 to enable an amending by-law to be passed prior to the effective date of the new rates. It is suggested in the report that a report regarding the placing of mobile homes in the Municipality could be co-ordinated with 'the preparation of the new by-law relating to the location and operation of mobile home sites. It was further advised in the report that contact will be mede with Provincial authorities on all metters, including the possibility of having The Landlord and Tenant Act amended to include the residents of mobile homes. The City Clerk pointed out that subsequent to the preparation of this report, an announcement was mede that the Provincial Government will be giving consideration to amending the Landlord and Tenant Act to include mobile homes. Mr. A. Doherty was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mr. Doherty felt that the 33¢ per square foot was too high, and unacceptable, and was worse than the $15 per month fee. He felt that since there are private homes in the city with the same square footage as homes in Green Oakes paying between $117 and $200 in taxes, that the mobile home owners would be paying more. It was pointed out that recreation facilities and the library are not ~asilyaccessible to children in the parks. Mr. M. Gibson, owner of Green Oaks Mobile Homes, objected strongly the rate of 33¢. It was felt that the retired people in Green Oaks and residents on fixed incomes would be caused much undue hardship. Mr. Gibson also objected to collecting the fee on behalf of the City, and pointed out that he had spoken to his lawyer regarding charging the City to collect the fee, and further, that.he would not collect the fee back to January 1/75, because he did not own the property until April, 1975. Reference was made to fees charged in British Columbia ranging between $12 and $20 per annum, and Mr. Gibson asked what the difference would be between British Columbia and Ontario. Alderman HarriSan stated that it must be accepted that Council is going to charge 's~ee type of licerice fee for the provision of services, and - 2- felt that it wasn't a matter of whether the fee was acceptable, but whether it was reasonable. Alderman Puttick advised that he was in agreement with the charging of a fee, but felt that it should not be made retroactive. Alderman Mann pointed out that it was not a matter of the fee being made retroactive since the by-law is presently in effect, allowing the City to charge the fee. It was pointed out that when residents receive their tax bills in April, they are paying taxes for the first three months of the year. Mrs. Drummond, a resident of Shady Oaks, advised that she would have no objection to paying the licehoe fee if the same services were .provided to the residents of Shady Oaks as other parks. It was pointed out that there are no sewers, and although there is a water supply, ±t is sulphur water. ~Mrs. Drummond felt that Council should protect the interests of these people. In answer to several points brought up by Mr. Gibson, the City Clerk advised that the section of The Municipal Act dealing with the licensing of mobile homes states that the fees are payable by the owner of the trailer camp. It was further pointed out that the by-law covering the fees is presently in effect, and the City could demand payment of the fees at any time. After further discussion, and clarification by the City Clerk and City Solicitor, it was moved by Alderman Harrigsn, seconded by Alderman Crowe, that the report be received and the recommendations adopted. It was then moved by Alderman Puttick, seconded by Alderman Michael that the motion be amended, and the $15.00 per month fee not be made retroactive to January 1, 1975. The motion was Defeated with the following Vote: AYE: Aldermen Michael, Orr and Puttick. NAYE: Aldermen Crows, Fera, Harrigan, Mann, Schisler, Stewart, Thomson and Wallace The original mot4, cn=lCarriedwith the following vote: AYE: Aldermen Crows, Fera, Harrigan, Mann, Schisler, Stewart, Thomson and Wallace NAYE: Aldermen Michael, Orr and Puttick. -- - PETITION FOR ROOD IMPROVEMENTS TO KING ROOD AND BOSSERT ROAD Report No. 350 - City Manager - The report refers to a petition received from residents of the King and Bosserr Roads ares requesting certain improvements to those roads. It was suggested that if Council approved, that priority be given to improving King Road from Bosserr Road to Beck Road in 1975. The cost of improving this section of road is $27,000, which is subs idizable by the M.T.C., but for which no funds have been included in ~he 1975 Operating Budget. In order to proceed, certain other work must be deleted. It is further advised that in order to upgrade all roads south of the Welland River to surface treatment standar~ the cost would be approximately $3.8 million dollars. It was recommended that Council tour the ares in order to determine priorities in the 1976 budget. Alderman Puttick moved that the report be received and filed, and that copies of the report be sent to the residents in the area. The motion did not receive a seconder. '~' Aldermen Stewart felt that the road should be repaired, since there are people living in that area using the roads every day. The residents have been complaining about the condition of the ro~ds for a number of-years, and steps should be taken to improve Alderman Thomson was in favour of beginning the upgrading of the area, and referred to one area of the budget that could be deletedto help offset the cost of repairs. Alderman Stewart stated that since $70,000 had been allowed to the City for upgreding the roads in the area, the money should be spent to 'improve the roads if it was still available. The City Engineerpointed out that these monies were provided by the M.T.C. on the understanding that it would not be used until the M.T.C. had finished their work in this area. The money has not been spent. The estimated amount to improve Kin8 Road from Bosserr to Sauer is $27,000, with 50% subsidy, this amount is reduced to $13,500. If Oakwood Dr. is deleted, the amount is reduced by $7,000 to $6,500. Alderman Wallace requested e clarification on the $7,000 in the budget for Oakwood Drive. The City Engineer advised that this amount was - 3 - included in the budget in the event of industrial development requiring road work in this area. It appears that this money will not be required this year, and can be included in the 1976 budget again. It was moved by Alderman Thomson, seconded by Alderman Schisler that the amount of $27,000 be expanded on improvements to King Road, from Bosserr Road to Sauer Road, that the amount of $7,000 for Oakwood Drive be deleted from the 1975 Operating Budget, and that improvements to other roads in the rural areas be brought forward for consideration during,the 1976 budget discussions. The motion Carried with Aldermen Puttick voting contrary. It was then moved by Alderman Wallace, seconded by Alderman Harrigan, that, a report be submitted to Council prior to the 1976 budget discussions respecting road conditions in the rural areas of the City, with r~commendations · on what roads should be resurfaced. The motion Carrie~ with Aldermen Puttick and Schisler voting contrary. APPLICATION FOR REFRESHMENT VEHICLE LICENCE - DICKIE DEE ICE CREAM CARTS Report No. 351 - City Manager - The report refers to an application made by Mr. N. Mileni of Fort Erie to operate Dickie Dee Ice Cream Carts in the City. In response to questions raised by Members of Council previously, the conunents of several neighbouring municipalities within the Region were obtained. ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the report be received, end the application denied. The motion Carried with Alderman Thomson voting contrary and all others in favour. FORMER MYER SALIT PROPERTY, BUCHANAN AND ROBINSON STREET Report No. 352 - City Manager - The report advises that the contractor demolishing part of the former Oneida factory on behalf of G & A Holdings has been instructed to proceed with the demolition of the Myer Salit building upon completion of the factory. It is expected that demolition and cleanup of the entire property will commence innnediately. ORDERED on the motion of Alderman Mann, seconded by Alderman 0rr, that the report be received and filed, and that a further report be submitted in two weeks on the status of the demolition. REMOVAL OF TRAFFIC SIGNALS - FERRY STREET AND BUCHANAN AVENUE Comm. No. 63 - Regional Municipality of Niagara - The communication advises that the following recommendations were adopted by Regional Council: 1) That the traffic signals at Ferry and Buchanan be removed from service and operated in a flashing mode except at such times as school crossing is in operation; 2) that left turns from Buchanan Avenue be prohibited at Ferry Street; 3) That the City~BeL~requested to co-operane with the Region in erecting signs to guide Highway ~[420 and Lundy~s Lane traffic from Buchanan Avenue along Robinson Street· and then north on Stanley; 4) That the Region is prepared to defer removal of parking on the south side of Ferry between Stanley and Buchanan for a period not exceeding 18 months in order to afford sufficient time for the establishment of off-street facilities; and 5) that traffic conditions in the area be monitored over the 18 month period, at which time s report will be prepared regarding off-street parking and the. possible removal of on-street parking. AND C~. No. 64 - N.H. Ball (Texas Steak and Beef House Ltd.) - Expressing objection to the light changes at 'Buchanan and Ferry. Alderman Thomson advised that he had visited the intersection several times to observe the change in traffic lighting, and agreed that the intersection is now dangerous. The Region suggests that parking be retained for eighteen months, end that the City take steps to provide off-street parking. The Municipal Parking has considered this matter, but there are very few suitable properties, and the land is high-cost. The Alderman felt the matter should be turned over to the Parking Committee, and suggested that the City again petition the Provincial Government to assist local municipalities in providing off-street parking. Alderman Puttick felt that the proposed change8 are going to create traffic congestion, and auggeared that s delegation be sent to the Regional Public Work8 Committee and Regional Council to discus8 the matter. Alderman Wallace 8rated that this was the fourth time the matter h88 been considered by Council, and again Council he8 voted unanimously to retain -4- the status qua at this intersection. The Alderman advised that he was prepared to reaffirm the previous position of Council, and meet with the Region to expresi these views. Alderman Crowe felt that consideration of this matter is becomi~~ an exercise in futility, in that the several times Council has expressed their opinion, the Region ignores this, and implements the change. It was also felt that the statement that parking be retained for 18 months and thst the municipali~i provide off-street parking was an ultimatum. Regional Councillor Mitchelson pointed out that if itswas not possible for the Parking Conmmittee to make reconnendations after the 18 month period, further discussions would be held. It was also felt that progress had been made. His Worship, Mayor Bukator asked if Ferry Street was taken back into the City's road system, how the grant structure would compare with that of the Region. The City Engineer advised that the subsidy would be the same, but that the City would end up losing money. Alderman Puttick suggested that the traffic study should be reviewed, and that meetings be held with the Region to discuss the report. It was moved by Alderman Thomson, seconded by Alderman Michael o that a lettat be forwarded to the Region, objecting to the action taken by the Region with regards to traffic light signals and parking, and that a meeting be requested with the Region to resolve the situation. The motion Carried unanimously. NOTE: The report regarding the Niagara Promotion Association Grant was brought forward for consideration at this time. ' Report No. 353 - City Manager - Re: Niagara Promotion Association Grant. The report refers to an article in the Niagara Falls Review regarding the issuance of a cheque in the amount of $15,000 to the Niagara Promotion Association. It was advised that a competent bookkeeper had now been retained, and that the City's auditors who are acting as accountants for the N.P.A. will provide a revision of the 1974 financial statements. It is reconnended that before any further monies are paid to the N.P.A., that proof be given that the Association is complying with the requirements of the auditors for the City, and have instituted the necessary controls as outlined in the auditors' letters of March and June, 1975. Alderman Wallace connnented on the events leading to the report, and advised that he was pleased that steps are now beinS taken by the Association; to. have the proper financial statements prepared. Mra. $chultz, a representative of the N.P.A. advised that the accountants would present to Council within eight to ten days, a complete state~ of 1974 as requested, and that the books are being revised for 1975 to comply with Counc il's request. - Alderman Puttick pointed out that the cheque was approved by Council on June 23, 1975. ORDERED on the motion of Alderman Wallace, seconded by Alderman Michael, that the report be received and adopted, that all audited statements of the N.P.A. be submitted to Council as soon as they are available, and that no further grant monies for this year be paid to the Association without prior approva 1 of Council. COMMUNICATIONS No. 65 - Branch 51, Royal Canadian Legion - The communication advises that there will be 50 War Amputees from Holland in Niagara Fallsen July 14, 1975, and it is requested that the Dutch Flag be flown at City Hall that day. An invitation was extended to members of Council to attend the Open House. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the request be approved, and that as many members of Counail as possible attend. NOTE: Alderman Wallace was absent when the vote was taken on this matter. No. 66 - Hon. John R. Rhodes, Minister of Transportat'ion & Cunm~unications - The co~nunication requests the views of Council on allowing left hand turns st the intersection of Falls Avenue and Highway ~420 at the Rsinbow Bridge. The City Clerk sdvised that a letter has been received from the Region, objecting to the removal of this tsland,..,snd'pto~istQ~,of,left,hsnd,turns.. 'eL ,. '+ :~ c ..... ',,,w, ,I ~, , , , ~ ' ' ' ' alde~n '~ 'on'~reSsad sUCh'rise that t~e Region had backs involved in this miter, and referred to discussions held with the Minister at ~he O.T.C..Conference when the miter first ca~ up. - 5 - z questio.ed why the Regio. was i. olved si.ce both Falls Avenu are not under their jurisdiction. His Worship, Mayor Bukator pointed out that the Minister had requested the comments of both the City and the Region. Alderman Michael felt that allowing left hand turns onto Falls Avenue would not achieve anything further in the a~ea. It was pointed out that before left hand turns were prohibited, traffic would back up to the traffic circle, and it was felt that by allowing the left turns, congestion would only result. It was moved by Alderman Thomson, seconded by Alderman Puttick that the City endorse the reconmendation of the N.R.T.A., that the traffic island in question be removed, and that measures be taken to facilitate traffic movement in the area. The motion Carried with Aldermen Mann and Michael voting contrary and all others in favour. REPORTS No. 354 - City Manager - Re: Contract R.C. 15-75, Curbs, Gutters and Road Construction in Falls Indus trial Subdivision. The report recommends that the unit prices submitted by Damore Bros. Ltd. be accepted, and that the by-law authorizing the agreement be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that the report be received and adopted. See Resolution No. 75 See By-law No. 75-126 No. 355 - City Manager - Re: Contract S.R. 16-75, Sidewalk Repairs and Local Improvement Sidewalks. The report reconmends that the unit prices submitted by Steed & Evans Ltd. be accepted, and that the by-law authorizing the agreement be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that 'the report be received and adopted. See Resolution No. 76 See By-law No. 75-128 No. 356 - City Manager - Re: Contract R.C. 17-75, Curb, Gutter, Sidewalks and Finished Road Construction in Certain Streets within Rolling Acres Extension Subdivision. The report reconmends that the unit prices submitted by Peter Damore Construction be accepted, and that the by-law authorizing the agreement be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that the report be received and adopted. See Resolution No. 77 See By-law No. 75-1'2'7 · No. 357 - City Clerk - Re: AM37/73 - W. Molodynia. The report advises that as a result of circulating'copies of By-law 75-109 to owners of property within 400' of the subject land, one objection has been received. The City Clerk advised that the objector had been contacted, and it appears that the objection will be withdrawn. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received and filed. No. 358 - R~creation Commission - Re: Achievement Awards. The report recommends that the proposed policy for Achievement Awards be approved by Council, and that the proposed policy for Achievement Awards will take effect beginning 1975 as all previous teams that have won championsh~ps and persons winning competitions have received their recognition. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received and adopted. The motion Carried with Aldermen Puttick and Thomson voting contrary, and all others in fayour. No. 359 - City Manager - Re: Blockage of Street Crossings by Penn Central. The re~ort refers to meetings held with representatives of the Penn Central Railway regarding blockage of street crossings, and the steps taken to help alleviate the problem. ORDERED on the motion of Alderman Fera, seconded by Alderman Michael, thnt the report be received and filed. No. 360 - City Manager - Re: Storm Sewer Outlet for Portage Road Construction. The report recommends that the by-law authorizing the execution of an agreement with Canadian Niagara Power Company Limited allowing the City to install a storm sewer outlet through their property, be spproved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received snd adopted, and a letter of thanks forwarded to the Canadian Niagara Power Company Limited for their co-operation in this respect. See By-law No. 75-130 - 6- No. 361 - City Manager - Re: Buckley Avenue Phase I. The report advises that Ontario Housing Corporation has accepted the City's offer to sell the property on Buckley Avenue covered by the options and agreement of purchase obtained by the City, and that the conditions of the offer to sell, except the conditions as to title, have been met. His Worship Mayor Bukator expressed the thanks of Council to City staff, in particular P. Van Belle, the Planning Director, and H. R.Young, the City Solicitor for their efforts in reaching agreement with O.H.C. on the Buckley Avenue proposal. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and filed. No. 362 - Planning & Development Committee - Re: Housing Study - City of Niagara Palls. The Planning & Development Committee reconmends that approval be given the outline of the study, that out of the $15,000 grant from the Province, not budget, that the comments i b i a a directed to work with the Regional Planning staff to avoid duplication. Alderman Puttick asked if a report could be submitted on the C.L.A.N. group, who are studying the possibility of community sponsored housing. -ORDERED on the motion of Alderman Marrigan, seconded by Alderman Fern, that the recommendations of the Planning & Development Co~nittee be adopted. No. 363 - City Manager - Re: Chippawn Public Utilities - Annual Remuneration. The report recommends that the annual remuneration to the Chairman be increased to $900, and the remuneration to the Commission Members be increased to $720, both increases to be effective January 1, 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman 0rr, that the report be received and adopted. No. 364 - City Manager:- Advising of the Building Permits issued ~or the month of June, 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report be received and filed. No. 365 - City Clerk- Recommending approval of Municipal Licences. ORDERED on the motion of Aldernmn Schisler, seconded by Alderman Fern, that the report be received and adopted, and licences granted. No. 366 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Schlsler, seconded by Alderman Thomson, that the. -report be received and adopted. No; 367 - City Manager - Re: Concession at Ker Park. The report recommends that City staff be directed to negotiate with Mrs. Betty Gulp and endearour to see the~ this concession is in operation as soon as possible. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and adopted. RESOLUTIONS No. 75 - THOMON - WALLACE - RESOLVED that the unit prices submitted by Damore Brothers Limited for curbs, gutters and road construction in Falls Industrial Subdivision be accepted at the tendered price of $15,448.33; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 76 - THOMSON - WALLACE - RESOLVED that the unit prices submitted by Steed & Evans Limited for sidewalk repairs and Local Improvement sidewalks be accepted at the tendered price of $39,062.70; AND. the Seal of the Corporation be hereto affixed. Carried Unanimously No. 77 - THOHSON - WALLACE - RESOLVED that the unit prices submitted by Peter Damore Construction for curb, gutter, a idewalks and finished road construction in certain streets within Rolling Acres Extension Subdivision be accepted at the tendered price of $104,017.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 78 - HAlIN - PUTTICK - WI~REAS the Council of the City of Niagara Fails, by - 7 - resolution dated the 5th day of February, 1973, requested the Government of Canada to thoroughly examine any requests for subsidization of the 1976 Summer Olympics before committing Federal funds to the City of Montreal of to the Province of Quebec; AND WHEREAS this Municipality, in a letter directed to the Rt. Hon. Pierre Elliot Trudeau, Prime Minister of Canada, expressed concern that the people of Canada should not be asked to subsidize the sponsoring of a "one-shot" international extravaganza, but rather adopt and encourage a policy of establishing athletic facilities throughout the entire nation; AND WHEREAS the Hon. Robert Bournsan, Prime Minister of Quebec, in a statement dated January 31, 1973, agreed that the Federal Government would not be called upon to make any special contribution toward the payment of any or all expenses incurred in connection with the Olympic Games of 1976; AND WHEREAS Prime Minister Trudeau has stated publicly that the Federal Govern- ment was adhering to its position of not picking up any deficit with regard to the cost of holding the Olympic Games in Montreal; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls reiterates its position that the ratepayers of Canada should not be required to subsidize the holding of the Olympic Games in Montreal and that all expenses incurred therefrom be the responsibility of either the City of Montreal or the Province of Quebec; AND BE IT FURTHER RESOLVED that the membership of the Association of Municipalities of Ontario at the 1975 Annual Conference be asked to endorse this resolution and to notify the Prime Minister of Canada accordingly. Carried with Aldermen Crows voting contrary, and all others in favour. BY-lAWS ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that leave be granted to introduce the folloWing.by-laws and the by-laws be given a first reading: No. 75-124 - A By-law to provide for the appointment of municipal officials. No. 75-125 - A By-law to authorize a conveyance of land to Stamford Green Investments Limited and Group 2 Development Limited. No. 75-126 - A By-law toauthorize the execution of an agreement with Damore Bros. Limited for the construction of a road with curb and gutters on Murie Street in the Falls Industrial Park. No. 75-127 - A By-law to authorize the execution of an agreement with Peter Damore Construction Limited for the construction of curbs,. gutters, sidewalks and roads. No. 75-128 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of sidewalk repairs and Local Improvement sidewalks. No. 75-129 - A By-law to authorize the execution of an agreement with Sego International Limited. No. 75-130 - A By-law to authorize the execution of an agreement with Canadian Niagara Power Company, Limited respecting e storm sewer outlet. No. 75-131 - A By-law to provide monies for General Purposes. .Carried Unanimously ORDERED on the motion of Alderman Wallace, seconded by Alderman Fern, that the by-laws be now read a second and third time: No. 75-124 - A By-law to provide for the appointment of municipal officials. No. 75-125 - A By-law to authorize a conveyance of land to Stamford Green Investments Limited and Group 2 Development Limited. No. 75-126 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of a road with curb and gutters on Murie Street. m m No. 75-127 - A By-law to authorize the execution of an agreement with Peter Damore Construction Limited for the construction of curbs, gutters, sidewalks and roads. No. 75-128 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of sidewalk repalrs and Local Improvement sidewalks. No. 75-129 - A By-law to authorize the execution of an agreement with Sego International Limited. No. 75-130 - A By-law to authorize the execution of an agreement with Canadian Niagara Power Company, Limited respecting a storm sewer outlet. No. 75-131 - A By-law to provide monies for General Purposes. Carried Unanimously BUSINESS LANDFILL SITE FEES - Alderman Puttick advised that he received a call froms resident operating a large number of trucks hauling refuse from around the City to the Landfill Site. With the new fees imposed, this person is being charged $20 to $22 for each load, and this amount cuts into the profit of the operation considerably. The Alderman felt that a review should be made of the matter to determine if the charging of fees should be discontinued. Alderman Thomson advised that he had received similar calls regarding the new fees from res idents using the Site. It was moved by Alderman Puttick, seconded by Alderman Thomson, that the City Manager review the charging of fees at the Landfill Site to determine if the fees should be discontinued. The motion Carried unanimously. BY-IAW NO. 5262 - DOMESTIC FOWL Alderman Puttick referred to complaints he had received from a resident in the Zimmerman Avenue area regarding a person keeping roosters on their property. Apparently the roosters are causing a great deal of noise in the early hours of the morning, and the Alderman suggested that the existing by-law controlling the keeping of fowls should be updated. The City Clerk advised that he had recently become aware of the problem, and suggested that alby-law could be prepared for Council's consideration, prohibiting the keeping of fowl in certain areas of the City. NIAGARA SQUARE Alderman Puttick referred to an article appearing in the Review containing comments of Mr. Hirt of Algoma Central to the effect that there was no deadline for the signing of the agreement for Niagara Square. The Alderman pointed out that there was a deadline set for one year ago next month. It was moved by Alderman Puttick, seconded by Alderman Thomson, that the City Manager convey to Mr. Mitt the fact that a deadline does in fact exist. BUGKLEY AVENUE SENIOR CITIZENS PROJECT Alderman Mann referred to a conmnent made in s recent Review article to the effect by the time the project is completed, the senior citizens will be. too old to enJ~ it. The Alderman referred to the great progress made within the last few months, and the fact that the Phase I acquisition had been completed without the need to expropriate. It was felt unfortunate that the Review should take such a ne attitude towards this project.- His Worship, Mayor Bukator pointed out that a eonnnent had once been made to the effect that it would take twenty years for the project, and the progress made has taken only twenty months. .COMPLAINT RE: MISHANDLING OF DYNAMITE Alderman Stewart referred to a complaint he had received from a resident of Nichold Lane regarding the mishandling of dynamite by a neighhour in the area. The City Clerk advised that the City had no legislation covering the handling of dynamite, but pointed out that the matter is being investigated by the Police, and charges have been laid. It was felt that the Municipality should not bec~ne involved in the matter.. - 9- QUEENSWAY GARDENS PARK Alderman Crowe referred to a number of problems experienced by residents in the Queensway Gardens Subdivis ion with regards to the park. Apparently the residents experienced difficulty in having weeds cut in the park, but this had eventually been done. There were also complaints of motorized vehicles using the park. The residents were wondering when playground equipment would be supplied, since it had been indicated that swings and slides would be installed. 1AND DIVISION COMMITTEE Alderman Crowe advised that he had received a communication from a legal firm representing a resident of Chippawa who had made application to the Regional Land Division Committee. The Cormnittee had imposed a $1,000 impost fee, which the City of Niagara Falls did not request or require. The Alderman requested the City Manager to investigate the matter with a view to considering some compensation by the City to this resident for the impost that had not been requested. CITY PARKS Alderman Wallace referred to the condition of a number of parks in the City, including Fern Park and the proposed park in back of City Hall, that were not receiving regular maintenance by Parks Dept. forces. The Alderman pointed out that a number of crews had been working at the Dr. Fingland Park so that it would be ready for use this summer, and suggested that perhaps this is why there was so little work done elsewhere. The Alderman requested that staff submit a report on the park services for this s.mmer, and what work on the parks is hoped to be completed by this Fall. PUBLIC WORKS DEPT. OPERATIONS Alderman Puttick referred to the number of employees working on various,' operations throughout the City. Apparently two or three employees are being used to operate the portable sprayer in watering flowers. Mention was also made to the number of employees involved in laying sod, and the time lost in transporting employees back to the Service Centre during the lunch period. The City Engineer pointed out that he was not familar with all operations being carried out at all times, and that if there problems, the foreman supervising the operation should be contacted. READ AND ADOPTED, It was moved by Alderman Mann, seconded by Alderman Michael, that the meeting adjourn. Mayor TWENTY-SECOND MEETING CO~ITTEE OF THE WHOLE Committee Room July 21, 1975. Council mot in Conmittee of the Whole at 7:00 p.m. on Monday, July 21, 1975. ~All members of Council were present with the exception of Alderman err. Alderman ' Harry Schisler presided as Chairman. Following consideration of the . arose without reporting~ , the Conunittee of the Whole READ AND ADOPTED, Mayor Council met on Monday, July 21, 1975 at 7:30 p.m., following a meeting of Committee of the Whole, for the purpose of considering general business. All ~Members were present with the exception of Alderman Orr~ Alderman Crowe offered the Opening'Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the minutes of the Council Meeting of July 7, 1975 be adopted as printed. DEPUTElIONS Alderman Puttick informed Council that in speaking on behalf of the residents "'~iving in the vicinity of Hodgson Steel & Iron Works, he wished to emphasize two factors, excessive noise emanating from the plant, and an environmental problem. With respect to a noise problem, Alderman Puttick was granted permission to allow Mr. Norman Mitchinson to play a tape recording made at 3:00 a.m. in a residence approximately one-half mile'from the factory, prior to construction of the recent addition. It was noted that a 15-ton press will be in operation in the new addition, thereby adding to the noise problem. Pictures were distributed showing the condition of the factory property adjacent to the lands owned by residents of the area. Alder- man Puttick requested permission for t~o area residents to address Council and this was granted on the'motion of Aldennan Mann, seconded by Alderman Fera. The first 'epeaker, Miss R. Chiefella, who has lived in the neighourhcod with her family since 1958, described how the noise has become increasinSly lender over the years, as the 'husinees ~xpanded. When 'there was only a day shift, they felt they could put up with the noise for the sake of the persons who had tO work there, but when the night shift eonnnenced the noise became intolerable on a twenty-four hour a day basis. Miss Chiarella felt that something should be done to diminish the noise, either by elimine- tins the ~liSht shift or building a buffer zone. Mr. Morallate, who addressed Council ~at this point, noted that not ~nly does the noise disturb the sleep of residents, but ~.'.preven~s the enjoyment of thei~ homes and yards throughout the day. Me stated that if the noise continues, the children attending Cardinal Newman School 0n property adjoining the HodSson property, will ~ertainly be unable to concentrate. In future, ~fan addition to the Hodgson firm is proposed, the residents wish lobe notified before ~C6uncil approval is granted, in order that their objections may he expressed. Mr. MoralInto also inquired with respect to future developments which might necessitate larger watermains~ and stated that if the residents on Beaverdam Road would be taxed ~ecordinSly, they~ould ~ertainly object. Alderman Thomson remarked that he has oopy of a model by-law recently drafted by the Ministry'of the Environment, which is in the circulation eraSe at this time, which municipalities. may enact in a situa- tion such as this One. Alderman Thomson suggested that Staff investigate the new by-l~w. "With respeot tO the raw sewage emsn~tin~ from the plant into Beaverdams Creek~ the septic tank evidently is no lonSer functional and a sewer will have to be stalled to serve this plant. It was pointed out that this problem has existed for at least ~o years and is aggravated by each ne~addition to the plant~ and should have 'been brought to Couneil's at~en~ion so that they could have worked along with the "individuals ~o provide the proper seWer ~nd water serVices. ~ ="" " " ~'~ "'~ "' ~ 2 -3- Alderman Esrrigan expressed the opinion that this is a matter of very great concern from the standpoint of zoning within the City, and all building permits are issued in accordance With the zoning and the provision of the necessary services. It appears now that the City is faced with a set of double standards, whereby some.persons are allowed to go ahead without a building'pe~mit while other citizens might be forced to stop their programme,. 'Alderman Harrigan called for stricter enforcement o~ the. qityws by-laws. Alderman Wallace stated there were three areas of concern: the question of noise, the problem of sewage, and tlB problem of the recent addition and lack of issuance of the building permit, as well as the water problem. A report sh6uld be brought in dealing with each of the problems separately and suggest solutions for each. Alderman Wallace suggested that the Ministry of the Environment should deal with the problem of sewage, and with respect to the noise problem, based on the City's experience with Other industr~ indicated that the HOdgson firm should work with the City and the MiniStry of the Environ ment'in ~n'e~fSre eo cdrb she nois&.it was p0i~t~d'out'that the Anti2Notse'By-law is not readily enforceable and the peualties for breach of such by-laws are too small. The answer appears to lie with the Ministry or a Court Order. Alderman Wallace maintained that no one should be able to build without a permit in hand and questioned how the construction at Hodgson Steel was commenced before a building permit was issued. ORDERE~ on-the motion of Alderman Puttick, seconded by Alderman Crows, that the matter be referred to Staff for a complete review, iucluding staff recommendations, and-a meeting set up with Mr.. Hodgson in an attempt to answer all the questions raised by area residents, and a full report submitted to Council at the.next. regular meeting. The motion Carried. UNFINISHED BUSINESS FORMER NYER SALIT .PROPERTY-AND FURTHER REPORT OFTHE CITY MANAGER The report referred to notification from G. & A. Holdings that a transfer of the land to a new owner will take place Monday, July 21, 1975, and the building will be cleaned and cleared in the very near future. The report recommends that if action is not com- menced,before July 28th, staff should take action available under the City's by-laws. In answer.to AldemnanMann's question, the Building Inspector stated that the by-laws referred to are the Unsightly Buildingby-law.and the Littered Lot By=laW, by which the'City can go. in and clean up the debris .... ORDERED on.the motion of Alderman. Mann, seconded by Alde~man..SteWart,.that the report he_received.And. filed. .. The ~otion~C~rrSed.. · ~.- _..=.- ~ ...... .~. : . .... . n.: ... .. .... COI~ICATIOI~ .... - ~ ........ ~,~ ,~, , ....... . .... , ..... No,.67 - Ministry of HoUsing - Rex OHRP Pro~ramme - The communication enclosed a cheque in the amount'of $100,170,, representingfan accountable advance-with reSpectto the Cityl~ application.for Provincial grants for the.fiscal year 1975-76,. ' .-ONDEHED on the metion.of Alderman Smsaton, sesonded .by. Alderman Mann, thai the'cC~munica' ..: tion..be.received and filed,-.. The_motion.Carried ...... · No,-~8 - R~ional. MunictVslity o'~.Nia2ar, - Re: Railway ReloCstion Niagara ~egton - · Advising-that the Regional MuniCipality has.notified theMinistry of Transportation · . and Communications and the Provincial Municipal Liaison Committee. that.the Council of the. Regional Mun~cipalityO£ Nia~ara.wholeheartedly supports the request of the City Niagara Falls that this Municipality be. one*of four-selected for the purpose of.a pilot Study on-railroad relocatton.- .-.- - · fONDEHEDon ~he motion of Alderman ThomsOn, secondedby Alderman Stewart,.that the communication be received and filed.and*that, the, Regtonal~ Council..be tha, nkedffor their suppor~ .... The motion ~ar,rted ......... -. No,.69 , Regional Municipality of Nilgate -Re: Alignment of Morrison Street between Portage Road and Dorchester Road, Adviain~ that the matter wee presented forthe constderktion of the Regional. Council. at a. mae]:ing held On the 3rd dayol July,-1975, '2No. ·70."" - Re.: Blocking o~f Queen Street for the Annual of Council. for. queen, Street~ ~o be, blocked off. from 8:00 a.m. Saturday, August 2ud, until ~:00.,p.m.. the same day, and the. use of Centennial. .Sq~are for when therecommendations as outlinedin report DE-3093 were approved.. ONDEHED on the motion,of Aidex~an Schisler. seconded by Alderman. Fera,~hat ~h~ c~,.-.unication,be~.received~and.liled The, motion C~rri~ ..... ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the 70. -.~ovntown B S s $ss~ciat ion Saturday, Au~st 2ud, until ~O0..p,~. an ATt 8h~ to be put ~' by the Niagara Falls Art Club. O~X~ ~ the toorio .f A: de~n ~nn, se · eque~. p~ appr~ed, The ~tion Carried. COMMUNICATIONS - continued No. 71. - Ministry of the Solicitor General - Re: Inquest into death of Lila Marie Ju 's Witken,. The communication requests that the ry recounendations be brought to the attention of Council. ORDERED on the motion of Alderman Michael, seconded by Aldel~nan Smeaton, that the Jury~s recom-~ndattons be referred to staff for a report on the recommendations con- tained in the Jury's report. The motion Carried. No. 72 - Mr. L. J. Saddler - Re: Location of Municipal Monuments - Requesting that the City assume the responsibility to locate a Municipal Monument placed by the Ministry of Natural Resources under the direction of the City, and which can be of use to any property owner in the area as a point of reference. The City Clerk pointed out that the Solicitor-General, in a letrat dated May 8th,.!975, stated that the cost of re~ s, toring this paftkcuiar ~0n6mene should be borne'by the individual Or agency requesting that it be restored. It was moved by Alderman Thomson, seconded by Alderman Puttick, that Mr. Saddler be allowed to address Council. Mr. Saddler reiterated his position and read a letter sent to him in 1971 by the Ministry of Natural Resources. Consi- derable discussion took place regarding the legal obligation, if any, of the Munici- pality to request that the monument be re-established. It was pointed out that Mr. Saddler could have an Ontario Land Surveyor prepare a survey of his property, not- withstanding the missing monument. In such a case the surveyors would use other montnnents in the area to determine the location of Mr. Saddler's property. In his explanation, Mr. Saddler pointed out that the request had been submitted because of a desire to move his garage and a determination of the property line was necessary in order to provide the correct setback from the side lot line, as required by the City's By-law. ORDERED on the motion of Aldennan Puttick, seconded by Alderman Mann, that the communication be received and filed. The motion Carried with Alderumn Crows, Smeaton, Fera, and Stewart voting contrary and all others in favour. No. 73 - Niagara District Airport Commission - Re: Niagara District Airport Commission's request that a Class II Service be provided for the reasons explained in the resolution attached to their letter, and seeking Council's endorsation of the said resolution. ORDERED on the motion of Alderman Michael,seconded by Alderman Schisler that the resolution be endorsed. The motion Carried. Board of Management,, No. 74 - Downtown Businessmen s Association - Re: Signing on Q.E.W. directing travellets to the Downtown Shopping Sectidn - The Downtown Businessmen's Association, with the sponsorship of the Chamber of Commerce, has been attempting to get the Province to erect a sign to direct travellets to the Downtown Shopping Section from one exit from the Q.E.W.; The Non. John Rhodes has finally agreed to this request and Mr. George Burlay appeared before Council to request Council to adopt the auggee- .lion of the. Downtown Businessmen's Association that the sign be erected at the Q.E.W.- Branlay Avenue Intersection. Alderman Puttick inquired if the businessman in the other shopping a~eas of the City were aware of what is going on and Mr. Burlay replied that they consider the Downtown area a separate entity and the policy of the Ministry is to direct travelleTs to the Downtown area. At the present time, at the Q.E.W. and Thorold Stone Road intersection there are siena directing motorists to the three shopping areas in the City. adopt the of Transportation and Conmmnications to erect a sign on the Q,B,W. - ~20 Extension at the Stanley Avenue Exit, directing motorists to the Downtown Shopping Area of the City, and further, that Staff prepare a report on signs from that point to the Downtown Shoppin~ area, ' The motion Carried, ' · · REPORTS No. 368 - Planning'& Develo~nent Committee - Re:' Armstrong Co~nunications Limited request for Councilss approval to locate underground cables and pedestals along the rear lot lines in future new subdivisions and' to locate pedestal housings adjacent to .street lighting poles Or near shrubbery in a Judicious manner on City property in existing built-up areas. Mr. Armstrong, of Armstrong Communications Limited, was granted per- mission 'to address Council and proceeded to explain his Company's' position. He stated that while he was in complete agreement with the comments of the City Solicitor there were several points he wished to'make, namely, that 'the Company"[avours the Joint use of easements with Hydro, Bell Canada, or both.' Where there is difficulty in. a front lot, they can go back-lot, but it is' their poltcy~ where possible, to go alone Jointly with Bell Canada. They also favonr careful selection of all pedestal locations. It is good public relations, of course, not-to encroach on private property at-any tim. REPORTS 4 No. 368 continued ..... The Company would like to put all their installations in before houses are constructed. We cannot agree with the opinion that all taps be buried, as problem are encountered in winter when the ground is frozen. Alderman Puttick remarked that while he agreed with most of Mr. Armstrong*s covenants, he woul~ be in fayour of the Plannin~ & Development Committee report being received and filed and further, that the recow~endations I to 5 of the Municipal Works Director be adopt with the proviso that Mr. Armstron~ and Mr. Rodumnmeet to discuss this matter in Alderman Schisler indicated that he would prefer to see the Plannlng & Development Report received and filed. Alderman Harrigan pointed out that there must be some protection for the private property owner, who should have the final say as to where he wishes to have the pedestal ~laced on his property. Mr. Armstrong assured the Co ORDERED on the motion of Alderman Harrigan, seconded by Alderman FeTe, that the matter be referred back to the City Solicitor to find a way of resolvin~ Objection with Aldermen Mann, Michael, Puttick and Schisler votin~ contrary and all others in fayour. No..369 - City Manager - Re: Response to Landfill Site Fees - The report su-w.grizes the response to the newly tmplemonted schedule of Landfill Site fees. Alderman Tho~' remarked that he had received numerous telephone calls complaining of the new scheduh~~, 'of fees, from private individuals who have been charged for truckin~ their own debris to the site, and asked for a definition of "usable fill". In reply, the Municipal Works Director stated that this means acceptable material such as clay, sand, etc. Broken Asphalt, sidewalk pieces, etc. are not acceptable. We are keeping a record so that we will know who is dumping and the type of material, proper or improper. The Municipal Works Director pointed out that while one of the purposes of the fee schedule was to restrict dumping by out-of-townusers of our facilities, another reason was to make it an economic venture. In reply to Alderman Smaaton*s query, the Maintenance and Operations Engineer reported that during the two weeks it has been in operation the revenue received amounted to approximately $1200:per~week~ with 874 vehicles recorded in the first week and 694 in the second week. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that the Xeport be referred beck to Staff for further study and recommendations, and recom- mending that e meeting be held between staff and the contractors involved to receive input from the contractors. The motion Carried. No. 370 - Mayor Bukator - Re: Moving of CN-CP Talecommunications Office out of the City. The report advises that the CN-CP Teleconnnunications Office will be moved out of the City of Niagara Falls in the near future. Mayor George Bukator pointed out t~ this will cause serious inconvenience to residents of the Citywho wish to send or receive monies by telegraph, as this will necessitate travelling to St. Catharines. Mr. Gordon Gaskin of Toronto, 0ntarioChairman of the. Canadian Teleeo~nunications division of-the Canadian Brotherhood of Railway Trainmen and General Workers, was present and was granted permission to address Council on the motionof Alderman Smeatl seconded by. Alderman Stewart. He asked for. Council~s support in urging the citizens of Niagara Falls to object to the removal of the local office. Mayor Bukator asked that Council authorize resolutions to the appropriate authorities requesting an app0il ment for a meetin~ to discuss the move further, ORDERED on the motion of Aldex~nan Smeaton, seconded by Alderman Thomson, that the repl be received and the rec~ndation be adopted. The motion Carried, No. 371 - CityManager - Application for Municipal Licenee - ~(ing of the Belgian Waffles". The report outlines the circumstances surrounding the licensing of a business known as "King of the B~gian Waffles" located on Clifton Hill. It was found that the unit which houses the business encroaches approximately four feet on the allowance. Located ~,w~diately adjacent to the waffle business is a small booth handwriting analysis is done and this-latter building encroaches approximately six on the road allowance. The report reconnends that the proprietor of both businesses be asked to remove the units from City property iw~diately.. Mr. Paul LaFlemm~ and David Hagarty were present at the meeting and were granted permission to address on the 'motion of Alderman Smeaton, seconded by Alderman Thomson. Mr. LaFla~ne, who the waffle operation, stated that he was completely unaware of having contravened City by-l~we or reSulatiens and was ready to abide by them, However, in view of the fact that twenty-seven persons would lose their Jobs and there would be considerable loss of revenue involved, he hoped to be 8ranted the privilege of carryix~ on the 'business at least until the end of the current season, or September 15th. Mr. stated that he too was unaware that he was breaking any. law of the City until a few · days a2o, and nsreed with, t~e ecessents .of Mr. LaFlamne with respect to the los~ of employment by ~ouns persons hired for the smr season, and the less of revenue. Aldersan HarTlean remarked that the provision of Jobs, and the paying of taxes, was not necessarily more important than abiding by the Cityts by-laws. -5- ~,EPORTS No. 371 - continued .... ORDERED on the motion of Alderman Smeaton, seconded by Alderman Wallace, that Council grant the licence allowing the two individual businesses to proceed with their operations through one week after Labour Day, 1975. The motion was Lost, with the following vote: AYE: Aldermen Wallace, Thomson, Stewart, Smeaton, Crows, Mayor Bukator NAYE: Aldermen Harrigan, Mann, Michae~ Putticks Schisler, Fera. ORDERED on the motion of Alderman Wallace', seconded by Alderman Crows, that the matter be tabled until the next regular Council Meeting. The motion Carried with the following vote: AYE: Aldermen Michael, Stewart~ Crews, Smeaton, Fera~ Puttick, Wallace. NAYE: Aldermen t{arrigan~ Schisler, Mann, Thomson. No. 372 - City Manager - Re: Conversion of Fire Department 1959 LaFrance Aerial (Aerial No. 1) from Continental gasoline to Diesel-fueled Engine - The report reconnends that the conversion of Aerial No. I be made to Diesel engine as suggested, keeping the standard transmission, at a cost to the Department of $9,225.00, as quoted by Marper Detroit Diesel Limited, Toronto, with funds being used from the New Equipment Account-. ORDERED on the motion of AldermanMann, seconded by Alderman Schisler, that the report be received and the reconnnendation adopted. Carried unanimously. See Resolution #79 .DEPUTY FIRE CHIEF'S SALARY · At this point, th~ City Clerk asked if the matter considered by Council in · Comittee of the~aole relative to a re-adjustment of the Deputy Fire Chief~s salary, could be considered. The discussion held in Committee was reviewed. ORDERED on the motion of Alderman Michael~ seconded by Alderman Smeaton, that the Deputy Fire Chief~s salary be increased by $1,000 per annum, effective July 1st, 1975. The motion Carrte,d ~ith the following vote:· AYE: Aldermen Crows, Mann, Michael, Schisler, Smeaton, Thomson. ,NAYE: Aldermen. Puttick~ Mar~igan, Wallace, Stewart,Fera. See Resolution #80 No. 373 - CityManager - Re: Great Lakes Access Program - Advising that notification has been received from the Minister of Natural Resources that under the Great Lakes Access Program the Province will provide 70% of the costs to improve public access to the Great Lakes Waterways, and recomending that Council approve an application . by the City to develop a launching ramp and parking facilities on one acre (approx.) of City-owned property on Kister Road, adjoining the Welland River. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and the recoumuendation adopted. The motion Carried unanimously. No. 374 - City ManaRer - Re: S~m~mer Hockey School - Recomnending that the City Manager be authorized to (1)Advertise that submissions for a 1976 slumber hockey school will be received by the City of Niagara Falls up to August 29th, 1975, and (2) Report back to City Council by September22nd, 1975, witha recwu~endation for a contract for a s,mmer Hockey School. OKIBRED on the motion of Alderman Thomson, ~econded by Alderman Fera, that the report be received and the reco~endatiou adopted....The motion Carried unanimously. No. 375 - City Mand~er - Re: City Parks - This report was submitted in response to a request of Council on July 7th, 1975, for a report on park services and the 1975 budgeted improvements, and provides a s~!,,~m~ of the Parks Department*s services and a list of all the parks, schools and additional areas serviced by the Parks Department with the improve- ments indicated. ORDERED on the motion of Alderman Wallace, seconded by Alderman Crows, that the report .be received and filed. The motion Carried. Aldermen Fera and Michael had excused themselves from themoetin2 and.~ere,not D~e~e~ at ~he vote. No. 376 - Recreation Commission - Re: Recreation C~unuission*s 1974 Annual Report - -. Submitted on.behalf of the Recreation Courtlesion by R. J. Perkin, Chairman, and calling the attention of Council to four recoumendations. to be considered by Council for im- plementation as conditions permit. ORDERED on the motion of Alderman Mane, seconded by Alderman Schisler, that the report be adopted. -The motion carried, with Alderman Futt~ck voting centraW and all others in fayour.. Aldermen Fera& Michaelreturned to'the meeting at this point. ..No. 377 - CityMane=sT - Re: Roof repairs - Former Walnut Street Fireball- The report recommends that the quotation in the amount of $4,175.00, submitted by Brown-Jarvis · 'Roufins for repairs ~o the former ~alnut Street Fireball, be accepted. Funds have been · provided in the 1975 Budget for this expenditure. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried unanimously. See R~olution No. 81 . · % _6_¸ REPORTS No. 378 - City Manager - Re: Purchase of New Equipment - The report s-mmartzed quotations submitted for the purchase of cars, panel vans and pick-up trucks requtre~ by the Fire Department and Equipment Section and rec~.~nended the quotes to be acce!~ as follows: o a rah 0 c (3 - Archer ck !5. ~9 .00 Vans - Autolaud Chrysler - $14,894.25; One - Parcel Van - Checkpoint Chrysler - $6,4~i One - Compact 4-Door Sedan - Checkpoint Chrysler - $3,345.00; One - Window Panel Van Truck - Checkpoint Chrysler - $3,953.00. ORDEPaD on the motion of Aldernmn Thomson, seconded by Alderman Stewart, that the report-be received and adopted.' The motion Carried unanimously. See Resolution No. 82 No. 379 - City Manager - Re:TemporaryAccess Road from Dorchester Road to Brtan Crescent. The report rec~u~uends that the necessary resolution should-be passed at this time to close this temporary. access road 'and the neeessary work carried out, such as fencing and sidewalk, in order that the pedestrian pathway originally planned for this location be established. Following considerable discussion, Council decided tha~t the Engineertn~ Department be asked to brtnff in a further report on this matter 'in September. · O~DERED on the motionof Alderman ThomSon, seconded by Alderman Smeaton, that the -be ~abled-at this time and the Engineering Department be requested to brin~ in a report on the matter in September. The marion Carried~with Alderman. Schisler vo contrary and all others in favour. " "~' No. 380 - City Mana2er - Re: Uniform Regional Parkin~ Mater and Traffic By-la~s - The report presents the Municipal Parking' Co~ittee's view with respect to the Regi0~ Municipality's draft by-law on Uniform Regional ~arkin~ Mater and Tra. ffic Re~ulatiom and, subject to qualification, the two followin~ recv~endations are made: 1) That the RegionalMuniCipality of Niagara be informed that the City of Niagara Falls. in in agreement with the Region"s Un'iformParking Meter By-law, BubJect to deletion-of. the section exempting privately owned vehicles, and 2) that the Regional Municipality of Niagara be informed that the City of Niagara Falls is in favour of the Regional Unifo:'g Traffic'By-law subject to the follow-8 three chan~es: a) That the voluntary payment period be changed from 5 ~ays to 72 hours; b) that the overnight parkin~ prohibition be in effect between the hours of 3:00 a.m. and 6:00 a.m. instead of 2:00 a.m. and ~:30 a.m.; and 3) that the blanket authority to prohibit parki[~ within 75 feet of "'An~ interSection'with a Regional road and within'IS0 feet of any signalized inter- section be deleted. ORDERED on 'the'motion' of Alderman Thomson. seconded by Alderman 8tawart, that the report b~ ~eCeiVed 'and-adopted.' Theistion Carried ,manimonaly. " ,. · . sport ~nd Co~fnunication~ 'to enable theMunicipality'to, receive an equitable share of future "~ subgidie~ fr~n the"M.TjC." COSt of the S~udy is subsidized 75% by the Ministry provia that its m~thod of inventory is used,~ and the Ministry reckads that a Consultir~. I. Engineerin~Firmbe employed on the study. ORDERED on the motion of Alde~nan Sh~aler, Seconded by Alde~nan' Thomson, that the report be received and ~he C~tyMa~a~erus, request be approved. The motion C~rried unanimously. "~ · ' ' ' ...... " ' . . .. .... :.. i :'No. 382'- Mayor Bukator'- Re:~ater Restrictions -'This reportnwas submitted for ~oUnctl°S infor~a~ion,' ~x~lainix~ the reasons necessitatin~ the issuance of the recenli! proclamation on water restrictions. '" ' ORDERED on the marion of Aldexman Th~nson, seconded by Aldermen Stewart,' that the report be received and filed.. The mattonCarried with A~e,_~naj._§~m~O~.sndAldernmn ~/Wallace votin~ contrary and all others in favour, No. 383 - Mayor Bu~tor -Re= Action of Niagara Parks Co~mission..re. Dufferin Islands' .'Thias repox~ advises Counci~ thatacti0n has'been taken by the Niagara Parks " to protect ewim,~ers a~Dufferin Islands in the area known as the ~First Falls", in a~ effort to prevent any further tragedies, a fence having been erected to prevent fr~a thO ~oad~ay.. - - ~ ' OPaE~aD on the motion o'f Aldex~an. Puttick~..seconded by Alderman 8chis~er, ~hat the report be received sad filed,' The motion Carried unanimously, No; 38~ - Mayor Bukator - Re: MastinS with Hon. John Rhodes Me: Robinson Street · 'The"~eport 'aftvises Council %hat a meetinS was held with Hon. Jo~n Rhc~les and ~n. John Clement on Monday, July 14th, roBether with the City Manager~ Municipal Works Director and the City Clerk, and the Minister appreved payment of the subsidy on the $70,000 Which was to have been borne by. the Penn Central Mailroad Company, 'and Which is equal to one-half of thia amount. -7- REPORTS No. 384 - continued ORDERED on the motion of Alderman Puttick, seconded by Alderman Michael, that the report be received and filed. The motion Carried unanimously. No. 385.- City Manager = Re: Buckley Avenue Second Phase Land Acquisition - The report refers to a by-law on t0night*s ageadd to provide authorization to issue debentures to purchase additional properties in the Bucklay Avenue scheme and reconnnending that the said by-law be given two readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and the recormmendation adopted. The motion Carried unanimously. See By-law No. 75-138 No. 386 - City Manager = Re: ExgFm.~n~e of. Lap~ for School Park Site - Mulhern Neighbourhood. This report refers to a proposed land exchange between Wedgewood Builders and the Citys as previously approved, in principle, by Council and reco~nends that City Council.authorize and direct City Staff to prepare for Councilss approval all documents necessary for the said land exchange. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and the recommendation adopted. The motion Carried unanimously. ' No. 387 - City Mana~er - Re: Six Month Financial Statement - This report submits, for Councilss information, a condensed statement of revenue and expenditure for the tax supported services, water and parkin~ funds, for the six months ended June 30, 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Putticks that the report -be received and filed. The metion Carried unanimeusly. No. 388 - City Manager - Re: Regional Waste Management Study - This report presents a resum~ of the effect that proposed plans of the Region mould have on garbage disposal in Niagara Falls and rec~,~nds that Council reserve its decision until the results 'of all present studies become available, and furthers that a copy of the report be -submitted to the Regional Municipality of NiaSara. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that the report be tabled until the next meetinS of Council. The motion Carried unanimously. No. 389 - City Manager - Re: Contract R.C. 18-75 for the Reconstruction of Morrison Street between Crysler Avenue and Erie Avenue. The report reco~nends that the ten- dered price of $122,728.94 received from Anthony De Rose Limited be accepted and that the by-law authorizinS the agreement be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received .and adopted. The motion Carried unanimously. See Resolution No. 83 See By-law No. 75-135 No. 390 - CityManager - Re: Contract S.S; 19-75, Sanitary Sewer on Bridgewater St. The report reconmends that the te~gered price of $$69,986.25, submittedby Anthony De Rose for the installation of the subject sewer by approved by Council, and the by-law authorizing the agreement be approved. ORDERED on the motion of Alderman Thomson, seconded See Resolution No. 8~ by Alderman Stewart, that the report be received See By-law No. 75-136 and adopted. No. 391 - City Manager - Re: Wading Pool at Prince Charles Park- The report advises that the wading poolwhich was placed in the Park as a further step in thedevelopment of the park in accordance with the total park development plan as approved by Council, has been completed and is in constant use by net4ghbourhood children. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, tha. t the report he received and filed. The motion Carried unanimously. No. 392 - City Manager - Re: Purchase of 895~ SodomRoad - The report'advises that the property has been purchased and the dwellinS has been vacated by the previous owner, and reconnends that Council authorize that the necessary steps he taken to have the buildinS demolished and the site cleaned and cleared, ORDBRED on the motion of Alderman ThonBon, seconded by Alderman Stewart. that the report herecalved and the recc~,u~ndatlon adopted~ -., · .... The motion Carried unanimously. No. ~93 - ~[~"~ana~e~ - Re: Property Standards Officer - Study Session - The report -8- REPORTS No. 393 continued..'... advises that the Ministry of Mousing, along with the Central Mortgage and Housing Corporation; is'having a study session from August 17th to .22nd at 'York University for Property'Standards Officers, and reco~nends that Mr. Jack Milne, the Cityts Property Standards Officer, be permitted to'attend this study session. ORDERED on the motion offAlderman Them,one seconded by Alderman Stewart, that the report be received and the reconnnendation adopted.'The motion Carried unanimously. No. 394 - PlanninR & DeveloOment Committee: Re: AM 8/71 Corald Development Ltd. The report outlines the request of Corald Development Limited for reconsideralien of the previously approved application for development of the property. Corald Development Ltd. is now requesting that flexibility be incorporated into the necessa[ by-law amendment and site plan agreement to provide for an alternate choice of 'development within the area initially proposed for apartments, permitting either span ment or townhouse dwellings 'at respective specified densities. The Planning & Devel~ merit Committee reconnnend to Council that the approval given in 1975 be re-affirmed with the"flexibility, as requested, permitted. ' - ORDERED on 'the motion of Alderman Mann,' seconded 'by Alderman Rarrigan, that the reco~nendation of the Planning and Development Cubittee be approved. 'The motion. Carried unanimously. - ..... No. 395.- City Clerk- Advisory Report - The report submits the following items to Council for advisory purposes only: NiaKara Falls Lions Club - Letter of thanks to Members .of City Council and Staff for their co-operation in connection with the Lions Club 8w~-w, ing Pool projects; Nia2ara Recreation Club - Requesting permission to hold an organized fireworks display at 9787 Nichols Lane on Saturday, November 8th, 1975; Association of Municipal 'Clerks and Treasurers of Ontario - Expressing -thanks to City Council for permitting-Mr. J. L. Collinson to serve on the Association' Board of Directors for t975-76.' ORDERED'on the 'motion of Alderman Schisler; seconded by Alderman Stewart, that the report be received and the rec~.-.=~ndations approved. The motion Carried --nnimously. No. 396 - City ManaRer - Rec~mn~ending approval of Municipal Linencos. ORDERED on the motion of Alderman Michael, seconded by Alderman Schisler~ that the :: report..be.'re?eiye .and adopted t e. l:eenaee granted. ,motion .a _rie!.Unanimo l .No. 397 - City ManeRot - Reco.aaendtng payment of-Municipal Acco~unts. ORDERED on the motion of Alderman Michael, seconded by Alderman 'Schisler, that the 'report be received and adopted; The motion'Carried unanimously. · ......... RESOLUTIONS No. 79 - MANN - SCHISLER - RESOLVED that the conversion of Aerial No. 1 be made to Diesel EnSines'kBeping the standard transmission, at a-cost to the Depart~nent of · "$9s225.00, as quoted by Hatper Detroit Diesel-Limited, Toronto, with funds use being from the New Equipment Account, AND the Seal,of the Corporation be hereto affixed. - '!' Carried Unanimously No. 80 - MICHAEL - 8NEATON -RESOLVED that the Deputy Fire Chief's salary he increse by $1,000.00 per annum, effective July 1st, 1975, AND the Seal of the Corporation · be hereto affixed, Carried with the followin~ vote: '. .. 'AYE: Aldermen Crowe, Mann, Michael, 8chisler, Smeaton, Thomson. NAYE:Aldennen'.Puttick,.Farri~an, Wallace, Stewart, Fera. .-. .... ... Carried. No. 81 - THOHSON.- STEWART - RESOLVED that the quotation in the amount of $4,175.00 submitted by Brown-Jarvis Roofin~, be accepted, for repairs to the roof of the forms Walnut Street Fireball| AND the Seal of-the Corporation be hereto affixed. . -' ....... .' Carried UnanimousIF -9- RESOLUTIONS No. 82 - THOMSON - STEWART - RESOLVED that the following quotations be accepted: Two - Passenger Sedans Five- Pick-up Trucks Three - Panel Vans One - Parcel Van One - Compact 4-Hoot Sedan One - Window Panel Van Truck Autoland Chrysler Archer Truck Services Autoland Chrysler Autoland Chrysler CheckpointChrysler Checkpoint Chrysler Checkpoint Chrysler $8,127.00 14,415.45 9,345.00 14,894.25 6,465.00 3,345.00 3,953.00 required by the Fire Department and Equipment Section; and the Seal of the Cor- poration be hereto affixed. Carried Unanimously. No. 83 - THOMSON - STEWART - RESOLVED that the tendered price of $122,728.94 received fromAnthony De Rose Limited for the Reconstruction of Morrison Street, between Cry, let Avenue and Erie Avenue, Contract R.C. 18-75, be accepted and that the By-law authorizing the agreement be approved; and the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 84 - THOMSON - STEWART - RESOLVED that the tendered price of $69,986.25, sub- mitted by Anthony De Rose Limited for the installation of a sanitary sewer on 'Bridgewater Street, Contract S.S. 19-75, be accepted, and that the By-law authorizing the execution of the agreement be approved; AND the seal of the Corporation be hereto affixed. Carried Unanimously He. 85 - SMEATON -F.~I~-RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Elizabeth ArmsironS, grandmother of Alderman Robert 0rr, and a respected resident of the Municipality; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws and the by-lows be given a first reading: No. 75-132 A By-low to appoint the members of the Property Standards Committee No. 75-133 ,'A By-law to amend By-lewNo. 2530, 1950 of the former Township of Stamford new in the City of Niagara Falls, as amended (Spirnnello) No. 75-134 A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford new in the City of Niagara Falls, as amended (West~ay Estates) No. 75-135 A By-law to authorize the execution of an agreement with Anthony De Rose Limited for the ~econstructinn of Morrison Street from Cry. let Avenue to Erie Avenue. No. 75-136 A By-law to amend By-law 74-106 to authorize the construction of a sanitary sewermain on Bridgewater Street (3/4 vote of Council required) No. ~5-137 A By-law to authorize the execution of an agreement with Anthony De Rose Limited for the construction of a sanitary sewermain on Bridgewater No. 75-138 'A By-law to authorize the acquisition of land for the purpose of a housing project. No. 75-139 'A By-law to amend By-law No. 6325, 1963, respectin~ the licensing of trailer camps. No. 75-140 A By-law to authorize the palanent of $816,267.04 for 8eneral purposes. Carried Unanimously Note: Council directed that By-lawNo. 7~-134 be tabled in order that clarification could be provided re~a~din8 the rezonin8 of adjacent properties. ..... 10 - 10 - BY-I~S ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that By-law No. 75-138 be read a second time. Carried Unanimously. ORDERED on the motion of Alderman Cro~e, seconded by Alderman Itarrigan, that the following By-laws be now read a second and third time: No. 75-132 A By-law to appoint the members of the Property Standards Committee No. 75-133 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 (Spironello) No. 75-135 A By-law to authorize the execution of an agreement with Anthony De Rose Limited for the reconstruction of Morrison Street from Crysler Avenue to Erie Avenue. No. 75-136 A By-law to amend By-law No. 74-106 to authorize the construction of a sanitary sewermain on Bridgewater Street (3/4 vote of Council required) No. 75-137 A By-law to authorize the execution of an agreement. with Anthony De Rose Limited for the construction of a sanitary sewermain on Bridgewater Stre No. 75-139 A By-law to amend By-law No. 6325, 1963 respecting the licensing of Trailer Camps No. 75-140 A By-law to authorize the payment of $816,267.04 for general purposes. Carried Unanimously. NEW BUSINESS EFFECTIVENESS STUDY - NON-UNION SALARIED EMPLOYEES Alderman Thomson referred to the Effectiveness Study now being carried out by Sego I: ternational Limited with respect to salaried employees of the City, and inquired if might be an appropriate time to obtain a quotation on the cost of a study of non-uni salaries. MOVED by Alderman Thomson, second by Alderman Smeaton, that Sego International Limit. and ocher firms carrying out this type of Lw~rk be asked to submit a quotation on the cost of a study on non-union salaried personnel. The motion Carried.. LOT 36 - FALLS INDUSTRIAL PARK Re: Cutting of weeds in Lot 36, Falls Industrial Park. MOVED by Alderman Manns seconded by Alderman Schisler that the City Manager reqnest 4the- City Weed Inspector to withhold any further action with respect, to-this Lot until further notice. The motion Carried. HODCSON STEEL - BUILDING PERMIT The Building & Development Co-ordinator was asked to furnish, an explanation why Hodgeon Steel Limited was able to erect a building without obtaining a buildin8 per~ Mr. Johnston outlined the Cttyss policy on the issuance of building permits and stst~ that no attempt has ever been made to deliberately mislead Council. Alderman Michael expressed the opinion that the City Council should be kept aware of problems of this nature. Alderman tlarrigan stated that the issue is that a building is being coastal without a permit. He proposed that a resolution be passed to the effect that wherea building is being constructed without a building permit, an inanediate ceasework ordi should be issued and if said order is not being obeyed, then suitable action must be taken to stop construction. Alderman Thomson expressed his disagreement with this opinion. Mr. Johnston, in reply to a query, stated that a flexible line must be ta~ in dealing with the public - we begin by taking a soft line and if they do not wan~a co-operate with the City, then a hard line most be taken. The City Clerk stated it is often difficult to determine the line between the formulation of policy and it~ implementation by administrative staff. Alderman Fern stated that he felt Mr. Johnel approach was the proper one, but agreed that Council should be aware of any problems which arise in the issuance or failure to issue Buildin8 Permits. Alderma~Harrigsx withdrew his motion, after Mayor Bukator and Alderman Thomson also voiced approval the "flexible approachwas the best means of serving the couanunity as a whole. Mr. Johnston indicated that in .future City Council would be kept infox~ned on all appli- cations where the by-laws could not 'be adhered-to. - 11 - NEW BUSINESS WEED CUTTING - FORMER TOWNSHIP OF WILLOUGHBY Alderman Stewart reported an incident involving a complaint from a resident of the former Township of Willoughby who had been given twenty-four hours to have certain weeds cut, or the City would cut the weeds and bill the owner of the property. Alderman Stewart felt that this was not fair and requested staff to investigate the matter. BELL CRESCENT - "LITTLE MISSISSIPPI" Alderman Michael expressed his concern with regard to a drainage ditch in the area of Bell Crescent that had created a serious drainage problem for the past four years. A meeting of property owners in the vicinity had been held and it was decided that the best solution appeared to be the installation of a drainage pipe. The Municipal Works Director explained the problem and advised that, in his opinion, the instal- lation of the drainage pipe would eliminate the overflow to a great extent. The cost for installation of the drainage pipe has been estimated at $7,800., of which the resb- dents would assume $3,500.00. Aldermen Michael requested that the Municipality assume the responsibility for the balance of $4,300.00. MOVED by Alderman Puttick, seconded by Alderman Michael, that the City undertake the costs of installing the drainage pipe on the cost-sharing basis referred to. The motion Carried. MOBILE MOMES Alderman Michael inquired if there will be any further reports on Mobile Homes. I{e indicated he had received a complaint from a resident of a mobile home who had been evicted from his trailer and had no other place to locate. It appears that there are possible misuses of authority in such situations. It was suggested that Alderman Michael assume responsibility for a complete investigation of the entire question of mobile homes as a viable form of housing. ORDERED on the motion of Alderman S'a~'~onded by Alderman Crows, that the meeting adjourn to Connnittee of;' READ PTED MAYOR / ~a)LE Council met in Comittee of t~ w...a. vm~4gnday, July 21, 1975, following a regular meeting of Council. All members of Council were present with the exception of Alderman Oft. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ~ · & ' * a a, MAYOR TWENTY-THIRD MEETING REGULAR MEETING Council Chambers August 5, 1975. Council met on Tuesday, August 5, 1975 at 7:30 p.m., for the purpose of considering general business. All Members were present with the exception of Aldermen Smeaton, Orr and Michael. Aldermen Harrigan offered the opening prayer. His Worship, Mayor George Bukator presided as Chairmen. ADOPTION OF MINUTES It was moved by Alderman Thomson, seconded by Aldermen Mann, that the minutes of the meeting of July 21, 1975, be adopted as printed. The Mayor announced that the City Clerk had been advised by telephone that the deputation from Mardress Investments Limited would be late in arriving and this would be dealt with upon their arrival. UNFINISHED BUSINESS Report No. 371 - City ManaEer - APPLICATION FOR LICENCE -"KING OF THE BELGIAN WAFFLES"- The report was tabled at the meeting of July 21st, after Council reached a tie vote on a motion that Council grant the license, allowing the two individual bu- sinesses to proceed with their operations through one week after Labour Day, 1975. Alderman Wallace reviewed the vote at the July 21st meeting and noted that in the absence of Aldermen Orr and Smeaton and Michael, who had voted on opposite sides of the issue at the previous meeting, the deadlock appeared to still exist. Alder- men Puttick, however, indicated he would second a motion tO to have the mettot tabled until after Labour Day, which would break the tie. Aldermen Wallace moved that the metter be tabled until the first Council Meeting in September. Alderman Puttick seconded the motion. The motion Carried with the following vote: AYE: Puttick, Wallace, Thomson, Stewart, Crowe. NAYE:Fera, Harrigan, Mann, Schisler. Report No. 368 - PlanninR & Development Comnittee - Re: Location for underground Cable T.V. and Pedestals; and further Report of the City Solicitor. - At the meeting of July 21st, the matter of the location of pedestals in front of pro- perties was referred back to the City Solicitor for further suggestions and recom- mendations. Alderman Thomson raised the question of who would be responsible if there was an amplifier in the rear yard, for moving the amplifier. The Design Engineer explained that, general speaking, we would like to see a clause whereby the Municipality or the individual does not have to become involved. The City Solicitor indicated there would be some type of easement agreement which would be signed by the owner of the lot at that time, and he felt the City should not be involved. The agreement is to permit the particular service and the question of responsiblity for moving the equipment would be between the Company and the indi- vidual. Mr. Armstrong, of A~nstron~ Conn~unications, stated that in making their agreement with the subdivider, or the owner of the lot, they would obviously ex- pect the agreement to hold, and, in general, the equipment would be located at the corner of the lot. Mr. Armstrong stated that he did not foresee any problame in this connection. ORDERED on the motion of Alderman Marrigan, seconded by Aldermsn Ford, that the report be received and the reco~mendations of the City Solicitor be adopted. The motion Carried, with Aldermen Thomson and Crows opposed and all others in fayour. Communication No. 71 - Ministry of the Solicitor General - Re: Inquest into the death of Lila Marie Wickens; and further report of the City Manager. The Solicitor Generaits conmmnicatinn of July 10th had been referred back to Staff for a report on the recommendations contained in the Juryis report, at the Council meeting of July 21st. Deputy Chief Jack Barr was present at tonight's meeting to answer any questions regardins the fire alamn systems available to persons wishing to have them installed. ORDERED on t~e ~otion of Alderman Schisler, seconded by Alderman Fera, that th~ report of the City Manager be received and adopted. The motion Carried unanimously. UNFINISHED BUSINESS -2 - Report No. 388 - REGIONALWASTE MANAGEMENT STUDY - Tabled from July 21st Meeting. A general discussion took place during which the Works Engineer answered guestink raised by Council and explained the reasons for his suggestion that Council rese~ its decision at this time. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that th report be received, the recommendations adopted, and a copy of the report be for. warded to the Regional Municipality of Niagara. The motion Carried unanimously. HODGSON'S STEEL & IRON WORKS. KALARROAD, and report of the City Manager. Alderman Thomson reported that he had artended the meeting with representatives c Hodgson Steel on July 25th, and City Staff, as well as representatives from the Ministry of the Environment; the results were very gratifying in that Mr. Hodgson appeared to be very anxious to co-operate. With regard to the model by-law men- tioned in the previous report, it was noted that the offending noise must be a consistently banging sound to be under the control of the Ministry, while the noise complained of at Hodgson's is actually intermittent. Rather than file this report, Aldermen Thomson suggested that the by-law should be thoroughly investi- gated so that the Ministry of the Environment, the B.I.G. Committee, and Municipa staff can come up with suggestions to implement the said by-law and make further recommendations. The sewer and water problems can be solved by extendinE the sew. to Beaverdams Road, according to the Municipal Works Director. Alderman Wallace concurred with Alderman Thomson's remarks and noted that it is very difficult to enforce such by-laws. At this point, Mr. Norman Mitchinson was granted permission to address Council, the motion of Aldermen Thomson, seconded by Alderman Fare. FAr. Mitchinson, a resident of Watson Street, stated that in his opinion the problem is not one whic! · can be solved b~ any by-law. The Hodgson operation is located in a heavy residen. tie1 area, but this type of building is not impossible to move. Mr. Mitchinson suggested that possibly the City could exchange lands with the owners and place the industry in a more suitable location. He stated that even with the buffer walls constructed, the noise has not noticeably diminished. Alderman Puttick referred to the failure to issue a building permit for the Nodgsc addition and stressed that in future a thorough check should be made with respect to sewer and water services. ORDERED on the motion of Alderman Earrigan, seconded by Alderman Wallace, that tht. report be received and filed and that a further report be submitted to Council at meeting in .the early fall. The motion Carried unanimously. DEPUTATION Mr. Ronald Routledge of Mardress Investments and Mr. Richard J. Rassard of the legal firm of Massard, Elliott, arrived at this 'point and, on the marion of AldermanMann, seconded by Aldermen Thomson, were granted permission to address Council on the subject of Niagara Square. Mr. Routledge announced that he had filed with Mr. Harold Young, the City Solicitor, a revised subdivider's agreement which his firm was prepared to sign · with the City, and noted that there are certain-changes from the June 5th agreemet A Letter of Credit from the Bank of Montreal, in the amount of $250,000, was also filed with Mr. Young, the Letter being subject to certain conditionS. Mr. Routlel stated that he regretted having to announce that he had not been able to finalize negotiations with Algoma Central. Mardress Investments, hewever, is proceeding with the arrangements and their objective is to open the plaza inMarch of 1977. announcement of the details will be forthcoming in the near future. Mr. Hassard stated that the subdivision agreement of June 5th had been reviewed, resulting in several changes which he proceeded to outline: 1) Responsibility for the servicir will be undertaken by the subdivider; 2) All decisions will be in accordands with good engineering practice, whereas in the earlier agreement considerable discretil 'had been allowed; 3) Provisions for arbi~ration,..ehould the need arise., 'Alderman Puttick asked for details as tow hat this is'8oing to cost the in actual dollars. Mr. Hassard replied that the only change is that the money paid directly to the contractor by the subdivider, which is normal practice in these matters. Alderman Crow~ referred to the contingencies menCloned in connectt with the Letter of Credit and asked for clarification. Mr. Hassard replied that June, one of the problems was the $250,000 to be filed with the City and that.the quarter million is forfeited if the agreement is not completed within a fixed period of time. The only condition to releasing the Letter of Credit is signing by the Municipality of the revised subdivision agreement. -3- DEPUTATION Aldermen Crows then asked for the conditions on the Letter of Credit and Mr. Hassard replied that it is subject mainly to the signing of the subdivider's agree- ment as revised by Mardress. Aldermen Wallace expressed his shock and disappointment at Mr. Routledge's announcement, inasmuch as no indication had been given by Staff that Algoma Central were no longer in the picture. He stated that"it is much the same as what happened on an earlier occasion when Mardress Investments were negotiating previously with a financial partner with respect to an agreement for the building of a plaza. No agreement could be reached and, as a result, the plaza was delayed for close to a year, while Mr. Routledge looked for a new financial associate. Council was then informed that Algome Central was interested in working along with Mardress Investments. We were told that negotiations were carried out in good faith and all that was required was a reasonable amount of time to have the agree- ment finalized in detail. At no time did Staff inform us that there was any difficulty in the dealings between Mardress and Algome. I feel that the City Manager should have informed City Council on the matter immediately. Considerable time was spent by the Mayor in travelling to the See to meet with officials of Algome Central. It new appears that we are back at "square one", in that we have Mr. Routledge on the trail again looking for financial assistance. This is very displeasing to me, I have no way of knowing of any fault or disagreement, or what caused the falling out. Having been twice bitten, I, for one on this Council, am now a little shy. I would like to see a report from our City Solicitor as soon as possible as to whether we are legally bound to Mardress with regard to a subdivider's agreement and with regard to zoning, and if we have a right not to deal with Mardress and what our options are in the matter. We must have the Solicitor's opinion on this very serious matter. I think the time has come to re-assess the Niagara Square proposal, but this sort of nonsense cannot go on." Alderman Thomson questioned Mr. Hassard regarding his mention of "point of arbitration" and Mr. Hassard replied that in his experience it is a fairly common practice in this type of arrangement. Aldermen Thomson expressed his disappointment in the way things have worked. "This has been going on since 1969 and we do not appear to have made any progress whatever. I will not sit hy and see this happen again. After the Solicitor's report is received and we knewwhere we stand, we should either.have a commitment within a few weeks' time, or, if not, we have to very quickly determine if the other developer is still interested in coming into the City. Some people have indicated that there is a possibility we look towards Urban Renewal - expropriating the land in the downtown area and offering it to a developer to expand the downtown area. We have pussyfooted with the plaza proposal long enough." Alderman Harrigan stated that he too felt very disappointed and even humiliated by the turn of events, as he had felt that things were moving ahead. "Now it appears that obviously there is no partner at the present time and I think~his is nothing more than a stalling tactic. I am not willing to go along with any motion until I find out what the alternatives are. Mr. Routledge and Mardress will not have my support new or in the future unless we have something real to go on. I think we have been made fools of - we will have to wait - we have not been presented with anything encouraging at all here tonight. There was no indication that the negotiations had fallen through. New I donot feel there will be a plaza in this City - and I think Alderman Thomson has a very valid point." Alderman Fera stated that he was thoroughly disgusted to say the least, and had reached the conclusion that Mr. Routledge is not to be trusted since he has done nothing but decdye us~. Aldermen Fera went on to state "I cannot tolerate a person.who keeps on deceiving Council. I thinkwe should chalk this up as a bad eXper fence. ' ' Aldermen Schisler questioned Mr. Hassard regarding underground services and stated that the Engineering Department must have the final say. Mr. Hassard replied that the plan must be in accordance with Municipal specifications. Alderman Mann stated he had been a supporter of Niagara Square from the beginning and expressed his extreme.disappointment; there was no indication last .Friday that the negotiations with Algoma Central had fallen through. 'Alderman Mann · t.todthat h. andhe conld not go along on the present i o had suggested that the Downtown area would be an excellent site for a shopping plaza in Niagara Falls and he still felt that way. "Our Queen Street area may die and I thinkwe should promote a shopping plaza for this area. We appear right now to be back to "Day One". The City Solicitor advised Council he had received a copy of the revised It ] DEPUTATION -4- subdivision agreement on Friday afternoon, August 1st, and was asked to read it over the weekend. "Tonight, I have received a Letter of Credit from the firm of Haggard, Ellfort which is to~held in escrow and which I am asked to sign." Aldermen Puttick asked the City Manager when he knew that Algomewere out and Mr. Price replied that he had an inkling on Friday afternoon but was not absolutely sure until tonight. Aldermen Puttick asked Mr. Routledge if he would divulge the name of his new financial partner if Council adjourned to Committee. Mr. Routledge then stated that he had tried to complete a deal with Algome but tk breakdown cams because Algome wanted complete interest in Mardress Investments. Mr. Routledge stated he could have made a substantial profit and he acknowledged his embarrassment at not being able to finalire the arrangemania with A1Eoma Central. "There has been a a year's delay in the plaza, Mr. Routledge continued, but, as Council was told previously, the major department stores i.e. Robinson's, Woolco and Dominion, have not been prepared to move until 1977 and it is anti- cipated that we could be ready for opening in 1977. The letter of credit which I have filed with you is a certified post-dated cheque. If I do not sign the agreement within the next ninety days, this money is yours and perhaps will be used for urban renewal. However, the escrow refers-only to you agreeing to signing the revised subdivider's agreement. This agreement does not ask the City to spend five cents extra on services, Just to allow us to. This was all described in previous msetings. The arrangement I have agreed to with my new associate has authorized $525,000 to Mardress Investments, $250,000 t o the City and $70,000 to the Region for the cloverleaf. It was moved by Aldermen Wallace, seconded by Aldermen Crows, that the City staff prepare a report to Council outlining Council's alternatives on this metteI whether Council is obligated contractually with Mardress Investmania Limited; whether Council is obligated regarding zoning, and what options Council my have; and that the said report to include suggestions and the opinion of the City Soli- citor concerning the proposed changes in the subdivision agreement and the Lette! of Credit. The motion Carried unanimously. It was moved by Aldermen Mann, seconded by Aldermen Crows, that Council adjourn to Committee of thaW hole.. The motion Carried unanimously. Council reconvened in Open Council. COMMUNICATIONS No. 75 - Creater Niagara Safety Council - Re: Safety SuRestions - The report concerns two items - 1) Shrubbery and hedges located in such a way as to obstruct the visibility of motorists at intersections and driveway entrances and 2) parkit on Sixth Avenue between Valleyway and Morrison Street, which becomes cor~ested in the vicinity of the Badminton Club when vehicles are parked on both sides of road. -ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the conmmnication be referred to staff for a more detailed report and that the Badmi Club be contacted so that their input my be included in the report. The motion Carried unanimously. No. 76 - Petition from residents of Sinnicks Avenue - Re: Flooding Conditions. ORDERED on the mellon of Aldermen 'Mann, seconded by Alderman Schisler, that the conmunication be referred to staff for a complete report. The motion Carried unanimously, 'No. 77 - Falls Aviation Limited - Re: Request that 0rt and Bosserr Roads be closed at the QUeen Elizabeth Way durin8 the time of the Air Show, August 23 - 1975. ORDERED on the metion o.f Alderman .Mann, seconded by Alderman Crone, that the be received and the request 8rSnted. The motion ~rried unanimously, L -5 - COMMUNICATIONS No. 78 - Regional Municipality of Niagara - Presenting a resolution of the Regional Public Works and Utilities Committee with respect to the further develop- ment within lands bounded by Kalar Road, Queen Elizabeth Way, Lundy's Lane and McLeod Road, for Council's review and comment. The Design Engineer stated that the Municipality is definitely interested in this scheme to improve the water pressure in this particular area, as it would provide the feed to fill up the reservoir to supplement the supply of water. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Puttick, that the report be received and filed and that the Region be asked to move quickly in 1976 with the installation of the 36" watermain. The motion Carried unanimously. No. 79 - Regional Municipality of Niagara - Pollution Control Plant Design. The communication presents a resolution of the Regional Public Works and Utilities Committee with regard to the Niagara Falls Pollution Control Plant Design, for the information of Council. A question was raised regarding the exchange of lands necessary in order to provide sufficient room to permit the expansion of the pollution control plant. ORDERED on the motion of Aldel~nan Thomson, seconded by Aldermen Crows, that the communication be received and filed and that a report be brought in to the next regular meeting of Council regarding the status of the transfer of the required' lands. The motion Carried unanimously. No. 80 - Regional Municipality of Niagara - Re: Left Hand Turns at Ferry Street and Buchanan Avenue. The communication advises that a meeting of the Public Works and Utilities Committee is scheduled for Thursday, August 14, 1975, and representatives of City staff and members of Council are invited to attend. The discussion regarding the prohibition of left hand turns at Ferry Street and Buchanan Avenue will commence at 2:30 p.m. ORDERED on the motion of Aldermen Mann, seconded by Alderman Puttick, that the Region be thanked for their invitation and asked if they would consider holding a Joint meeting at the end of a ninety-day trial period. The motion Carried unanimously. REPORTS No. 398 - City Manager - Re: Bucklay Avenue Housing Project - Advising that there are three by-laws on tonight's agenda respecting negotiations for the purchase of Lot 8 on the east side of Bucklay Avenue from the owners, Siena Skendich and Donald Skendich, and recommending that the three by-laws be given three readings and passed by Council. ORDERED on the motion of Alderman Mann, seconded by Aldermen Schisler, that the report be received and filed, )The motion Carried unanimously. and the recommendation adopted? See By-laws 75'141t 75-142, 75-143 No. 399 - City Manager - Re: Exchange of Land with Brockwell and Johns. Advising that a survey has been completed and a by-law prepared to authorize the exchange of lands with Donald M. Brockwell and Vincent Johns and recommending that the said by-law, which appears on to-night's agenda, be given three readings and passed by Council. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Schisler, that the report be received and filed and the recommendation adopted. The motion Carried unanimously. See By-law 75-144 ~o. 400 - City Manager - Re: Mount Forest Subdivision and closing of Branchard Road. The report advises that a by-law to authorize the sale and conveyance to Taro Pro- perties of the closed portion of Branchard Road in exchange for the additional park land and payment of $864.00 and the road dosing costs, is listed on tonight's a8enda, and recommends that the by-law be given three readings and passed. ORDERED on the motion of Aldermen Mann, seconded by Alderman Thomson, that the report be received and the recommendation adoptS. The motion Carried unanimously. ee By-law 75-1~'~. No. 401 - CityManager - Re: Exemption of certain lots in Plans N.S.-42 and M-17 (Westwood Village and Westwood Village Extension 1, respectively) from part lot control. Advising that the requests have been checked and are in order and recom- mending that the two by-laws on tonight's agenda be given three readings and passed. ORDERED on the motion of Alderman Schisler, seconded by Aldermen Thomson, that the report be received and the reconnendation adopted. The mellon Carried unanimousll See By-laws 75-14~ ~ 75-147 -6 - REPORTS No. 402 - City Manager - Re: Exemption of certain lots in Plan 240 from Part Lot Control - Advising that a request has been received for the passing of a by-law to exempt certain lots in Registered Plan 240 from part lot control, and recon~lending that Council give three readings to the by-law appearing on tonight's agenda exempting Lots 2, 3, 4, 5, 37 and 41-64 inclusive of Registered Plan 240 from part lot control, and further recommending that any costs arising from the regis- tration of the aforementioned by-law, following its approval by the Ministry, be assumed by the applicant. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and the recommendations adopted. The motion Carried unanimously See By-law 751T2F~' No. 403 - City Manager - Re: Ontario Housing Corporation Rent Supplement Program. Reporting that the O.H.C. has requested that the rent supplement program be re- executed for a 15-year period rather than the present 5-year period which now is in effect. It was pointed out that the phrase "7~" of the operating expenses" appearing in the third paragraph of the report should read "7~% of the deficit". ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and the by-law authorizing the execution of a new agreement (incorporating the longer period of time) be given three readings and passed by' Council. The motion Carried unanimously. See By-law 75-149 No. 404 - City Manager - Re: T. J. Hishon - Site Plan for Proposed Restaurant East Side Sodom Road. Recommending that Council approve an extension of the site plan for the aforementioned Proposed Restaurant for a period of one year, ending on August 6, 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the one-year extension of the site plan for T. J. Hishon's proposed restaurant on Sodom Road be granted. The motion Carried unanimously. No. 405 - City Manager - Re: Proposed "West Meadow Subdivision" Revised - Wedgewood Builders of Niagara Ltd. - Recommending that Council approve the pro- posed t'West Meadow Subdivision" (Revised) subject to the conditions outlined in the report, and also 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. Alderman Puttlck observed that there appears to be an assumption that Shriner's Creek is going to take all of this and asked if there was not already a report that we are going forward with this, adding that he understood a report would be in by the first of July. The Design Engineer, Mr. Ken Yu, replied that this is what is referred to as "conditional Draft Plan approval", but that we are not assuming anything. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be adopted and the reconnnendations approved. The motion Carried unanimously. S~e~'~esolution No.86 No. 406. -City Manager - Re: Sale of Lot 16, Falls Industrial. Park. Advising that Mr. Constantino Iafrate has ~ubmitted an offer to purchase Lot 16 on the north side of Progress Street in the Falls Industrial Park and recommending that the City Council authorize the sale of Lot 16 to Mr. Iafrate and that the City Solicitor be authorized to prepare the necessary documents. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewar~, that the report be received and the recommendations adopted. The motion Carried unanim- ously. No. 407 - City Manager - Re: Local Improvement Policy for Sanitary Sewers - The report outlined the City's policy on the installation of new sanitary sewers under the Local Improvement Act and recommended a change be made in the policy so that a Local Improvement Charge of $9.00 per foot frontage will be charged to each of the owners gaining benefit from the sanitary sewer. ORDERED dR the motion of Aldermen Thomson, seconded by Alderman Crows, that the report be received and filed and the recommendations adopted. The motion Carried unanimously. No. 408.- City Manager - Re: Niagara South Recreation Centre Auxiliary Brine Pump. The report recommends that the low tender, received from Ramex Systems, in the amount of $3,685.00, be accepted and that they be authorized to proceed with the supply and installation of the brine pump. ORDERED on the motion of Alderman Mann, seconded by Aldermen Stewart, that the report be received and the recommendation adopted. The motion Carried unanimously. See a~laa~ba,~l_~.-~* -7 - REPORTS No. 409 - City Nsnager - Re: Road Needs Study - The report refers to a suggestion by the Ministry of Transportation and Communications that a Road Needs Study Coanittee be formed to direct the proposed Road Needs Study in the Municipality. This Committee will include t~o members from the Ministry of potration and Communications, three engineers and the Street Superintendent, report suggests that at least one member of Council be named, by resolution, to serve as Council's representative. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Puttick, that Alderman Stewart be appointed to act as Council's representative on the Road Needs Study Committee. The motion Carried unanimously. See Resolution No. 88 No. 410 - City Manager - Re: Extermination of Groundhogs - The report explains that certain residents of the Municipality have been experiencing problems with groundhogs and outlines various methods which may be employed to exterminate the~ ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be adopted and that the City initiate an experimental program for the extermination of groundhogs, on the understanding that those persons re- ceiving the services will be charged accordingly. The motion Carried unantmousl No. 411 - City Manager - Re: School Crossing Guards - The report reviewed the City's policy with respect to the hiring of School Crossing Guards, and because of the difficulty in obtaining school crossing guards, recommends a minor amendment to the policy. ORDERED on the motion of Alderman Mann, seconded by Aldermen Thomson, that the report be received and the recommendation adopted. The motion Carried unanimou~ No. 412 - City Manager - Re: The Morrison Street Fire Hall Extension - The rep0r; I an agreement with William Overs, Architect, to provide the plans and specifications for the addition. The City Manager pointed out that Council had approved the placing of the $25,000 in the 1976 Operating Budget. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace, that the report be received and the request approved. The motion Carried with Alderman Mann and Stewart opposed and all others in favou~. No. 413 - City ManaRer - Re: Projects - Progress Report. This report provides Council with up-to-date information on the status of various projects through0uti perhaps several quotations should be obtained so that the JAb could be done as economically as possible, or possibly the demolition could be carried out by City forces. ORDERED on the motion of Aldermen Crows, seconded by Aldermen Fete, that the report he received and filed. The metion Carried unanimously. No. 414 - C~Ltv ManaRer - Presented to Council to briefly outline the terms of the N.I.P, R.R.A.P., and O.H.R.P. Progra~mes, and to submit a Summary of the progress being made in the City through these progra2nes. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the report be received and filed. The motion Carried unanimously. No. 415 - Loan ReviewCo~mittee - Re: Applications received for assistance under the Ontario Home Renewal ProSraM and recommendinS approval by Council of ORDMR2Don the motion of Aldermen Wallets, seconded by Alderman Thomson, that the report be received and the recommendations adopted. The motion Carried unanim~ No.-416 - City Clerk - Advisory Report - The report submits the following ite~ Council for advisory purposes only. Ontario Associationof Medical TechnoloKist~' Requesting the week of September 28 to October 3, 1975, be proclaimed as "Medica TechnoloSy Week"; Chipsawe & ~illou2hby Volunteer Fireman~s Associations - Re- u..tingp.rmi..icnto..,lb..r.nd.l. at thaNi...ra,nt. .tionalAi** . , l AuSust 23 and 2~, 1975; Mr. Pierce J. Gibbons - Letter of appreciation e f repairs to his residence under the R.R.A.P. Pro~ran~ne; Niagara Frontier Humsn~ · Society - Copies of complimentary news reports relative to the operation Of the Society - for information purposes only. ORDERED on the marion of Alderman Thomson, seconded by Alderman Crome, that the report be received and the reco-z~ndations approved. The motion Carried unanim~ -8 - REPORTS No. 417 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Crowe, seconded by Alderman Mann, that the report be received and adopted and the licences granted. The motion Carried unanimously. No. 418 - City Clerk - Re: Application for Photographer's Licence. Presenting an application by John Strode Photograph, 1568 Bloor Street West, Toronto, Ontario, for a "Photographer" Licence, proposing to solicit business on a door to door basis, taking pictures in the homes of residents. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the application be DENIED. The motion Carried unanimously. No. 419 - City ManaRer - Re: Breakdown of Permits issued by Building and Development Department for the month of July, 1975. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and filed. The motion Carried unanimously. No. 420 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Puttick, that the report be received and adopted. RESOLUTIONS.. No. 86 MANN - SCHISLER - RESOLVED that council approves the proposed '~est Meadow" Subdivision (Revised) - Wedgewood Builders of Niagara Ltd. and hereby certifies that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Ministry of Rousing. CARRIED UNANIMOUSLY No. 87 MANN - STEWART - RESOLVED that the low tender, received from Ramex Systems, in the amount of $3,685.00, be accepted and that they be authorized to proceed with the supply and installation of the Auxiliary Brine Pump at the Niagara South Recreation Centre. CARRIED UNANIMOUSLY No. 88 THDMSON-PUTTICK - RESOLVED that Alderman Edward Stewart be appointed to act as Council's representative on the Road Needs Study Committee, being formed to direct the proposed Road Needs Study in the Municipality. CARRIED UNANIMOUSLY -9 - NEW BUSINESS G. & A. HOLDINGS - MYER SALIT PROPERTY. Alderwan Mann asked the City Manager what had been done about G. & A. Holdings the cleaning up of the former Myer Salit property. The City Manager replied tki! the Municipality was prepared to take action. It was moved by Aldermen Mann, seconded by Alderwan Thomson, that the City take action under the Nunicipal by-laws to have the property cleaned and cleared immediately. RE~ARD FOR INFORMATION LEADING TO ARREST OF ARSONIST Aldermen Mann referred to the recent costly fires alleged to have been set by an arsontst during the past several weeks, and suggested the City should offer a reward of $2,000 for information leading to the arrest of this person or persons. Alderman Marrigan concurred with Aldermen Mann. ,Ordered on the motion of Aldermen Mann, seconded by Aldermen Marrigan, that the City offer a reward of $2,000 for information leading to the arrest of the alh~ arsonist. The motion was Lost with Aldermen Mann and Marrigan voting in fayour and the rest opposed. WATER RESTRICTIONS Aldermen Thomson reported there has been a great deal of controversy over the present water restrictions and he felt that the restrictions could be modified somewhat. He noted that the City of St. Catharines had lifted the ban on watering and wondered why it could not be done in this Municipality. Mr. Otto Van Deurs, Maintenance & Operations Engineer, reported that it is a question of low pressures in the water supply and there is always the risk of having fires and not havin~ a sufficient supply of water with which to fight them. APARTt~T SHORTAGE Alderman Puttick questioned recent information regarding the possibility of a shortage of apartment accommodation in the City and asked if staff would investi gate the validity of this statement. WEEDS - GRASSY BROOK PARK Alderman Schisler asked if officials could investigate if weed cutting was required at Grassy Brook Park. He also brought to Council:s attention that the Regional Municipality had not as yet finalized the location of the sludge disposal site and that Council should continue to object to the Region*s pro- posal to establish a sewage sludge disposal site at the intersection of Montrosi]~ and Schisler Roads. -. NEWSPAPER ARTICLES RE INCIDENT AT NIAGARA FALLS ~ YORK CITY HALL Mention was made byMayor Bukator regardinS articles in the Niagara Falls Revis which reported that representatives of three tourist groups had been kept wait~ at City Hall for lengthy periods to confer with City Officials. Actually, the incident occurred in the City of Niagara Falls New York. MOVED by Aldermen Crows, seconded by Aldermn Puttick, that the Niagara Falls Review be asked to print a correction and an apoloSy to the Nayor and Council, The motion Carried umanimously. WEEDS tnMEADOWVALE PARK Alderman Crowe snsgested that staff investigate the 'condition of the park in t~ Meadowvale area as there are clumps of grass up to five feet in height. USE.OF CHURCH*S LANE BY TRUCKS Alderman Crows indicated that complaints have been received regarding the use of Church's Lane by City vehicles. Andy Lamb replied that a report was present be~n~ prepared on the matter and would be available for the next Council meetin ga - BY - LAWS ORDERED on the motion of Alderwan Harrigan, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No. 75-134 - A By-law to amend By-law No. 2530, as amended (Westway Estates rezoning)( Tabled from meeting of July 21, 1975) No. 75-141 - A By-law to amend By-law 75-49 to authorize the acquisition of land for the purpose of a housing project. No. 75-142 - A By-law to authorize the acquisition of land for the purpose of a housing project. No. 75-143 - A By-law to authorize an application for approval to expropriate land for the purpose of a housing project. No. 75-144 - A By-law to authorize the exchange of land with Donald M. Brockwell and Vincent J. M. Johns. No. 75-145 - A By-law to authorize the sale and conveyance of a closed part of Branchard Road. No. 75-146 - A By-law to designate certain land not to be subject to Part Lot Control (Plan N.S. 42) No. 75-147 - A By-law to designate certain land not to be subject to Part Lot Control (Plan M-17) No. 75-148 - A By-law to designate certain land not to be subject to Part Lot Control (Plan 240) No. 75-149 - To authorize an agreement with Ontario Housing Corporation No. 75-150 - To provide monies for general purposes Carried Unanimously. ORDERED on the mot ion of Alderman Mann, seconded by Alderwan Stewart, that the by-laws be now read a second and third time: A By-law No. 75-134 - f amend By-law No. 2530, as amended (Westway Estates Rezontns) o No. 75-141 - A By-law to amend By-law 75-49 to authorize the acquisition of land for the purpose of a housing project. No. 75-142 - A By-law to authorize the acquisition of land for the purpose of a housing project. No. 75-143 - A By-law to authorize an application for approval to expropriate land for the purpose of a housing project. No. 75-144 - A By-law to authorize an exchange of land with Donald M. Brockwell and Vincent J. M. Johns. No. 75-145 - A By-law to authorize the sale and conveyance of a closed part of Branchard Road. ]~o. 75-146 - A By-law to designate certain land not to be subject to part lot control (Plan N.8. No. 75-147 - A By-law to designate certain land not to be subject to part lot control (Plan M-17) No. 75-148 - A By-law to designate certain land not to be subject to part lot control (Plan 240) No. 75-149 - A By-law to authorize %,B aB~e~B~ with Ontario Housing Corporation. No. 75-150 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Crowe, seconded by Alderman Fera, that the me~ting adjourn to co~itt~e of ~t~h~1%.' ~'cL ~ ' ' · '~' ~ ~ MAYOR COM~,, ~OLE Council met in Conmatttee of the Whole on Tuesday, August 5, 1975, following a regular meeting of Council. All members of Council were present with the exception of Aldermen Smeaton, Orr and Michael. Following consideration of items presented, the Comnittee of the Whole arose without reporting. MAYOR !. ~ TWENTY-FOURTH MEETING Council Chambers August 15, 1975 SPECIAL MEETING Council met on Friday, August 15, 1975, at 3:30 p.m., at a special meeting called by members of City Council as provided for in Rule 4 of the Procedural By-law. All members of Council were present with the exception of Aldermen Mann and Schisler. His Worship, Mayor George Bukator presided as Chairman. NIAGARA SQUARE Mayor Bukator advised tha~ the special meeting was being held for the purpose of clarifying certain aspects of the Niagara Square shopping centre proposal and negotiations between Mardress Investments and Campeau Corporation. The Mayor indicated that Mr. David King representing Campeau Corporation was present and had asked to address Council in Committee of the Whole. His Worship, Mayor Bukator reminded Council that there are only three subjects which are normally discussed in Committee sess ions, litigation, property acquisition and personnel matters, and this afternoon's subject was definitely concerning property acquisition. It was moved by Alderman Michael, seconded by Alderman Orr, that the meeting adjourn to Committee of the Whole. The motion Carried with the following vote: AYE: Aldermen Crows, Fera, Michael, Orr, Smeaton, Stewart and Thomson. NAYE: Aldermen HaFrigan, Puttick and Wallace. COMMITTEE OF THE WHOLE Committee Room August 15, 1975 Council met in Committee of the Whole on Friday, August 15, 1975. All Members of Council were present with the exception of Aldermen Mann and Schisler. His Worship, Mayor George Bukator presided as Cha irman. Following consideration of th~jl~r~apresented, the Con~nittee of the Whole arose without reporting, and re~' ',Den Council. READ AND ADOPTED, NIAGARA SQUARE - Con't. Mayor Council Chambers August 15, 1975 Alderman Crows reported thjt'~, y~rough discussion had taken place on the proposed Niagara Square shopping centre, and Mr. King had answered numerous questions raised by Council. Assurance had been given that there is indeed a contract between R. Routledge (Mardress Investments) and Campeau Corporation with the controlling interest being in the hands of Campeau Corporation. Before any further comments, itnwas moved by Alderman Crows, seconded by Alderman HerrlEan, that the execution of the subdivider's agreement of June 3rd, 1975, be deferred until such time as a centlug ion is reached in the agreement between Mardress Investments Ltd. and Campeau Corporation, and upon notice of the said conclusion being given to the Mayor, that the Mayor be at liberty to call a special meeting of Couneil to authorize the execution of the subdtvider's agreement by the City, and any requirement of notice of meeting be waived, and it is understood that Campesu Corporation will be a principal to such agreement. The motion Carried unanimously. Alderman Crowe stated that as far as he was concerned, and he felt he could speak for other members of Council, the execution of the subdivtder's agreement of June 3, 1975~ should make the project of the Niagara Square shopping plaza a reality, and after the requirements of the subdivider's agreement are met, construction should begin within a reasonable length of time. Through the auspices of the Mayor and members of Council, it is finally a reality. The agreement of June 3rd, 1975 is substantially the same in spirit as the agree- ment passed by this Council on March 3rd, 1975. There are some minor variations, - 2- but nothing which would act as a deterrent in any way upon the City or on the developer. There is a long history behind this project, some of which is not as happy, however thia has now been resolved and Campeau is now committed to the stage where they are assuring us today that they are prepared to become the subject of the subdivider's agreement. The Alderman wad hopefel that the plaza would be a reality in due course. Alderman Wallace stated that the long history of this plaza development need not be repeated. The basis however, is that Mr. Routledge as a land assembler and promoter, required at all times a financer with sufficient plaza experience and knowledge to create Niagara Square, and the City has gone through a series of two finenters and the results have been negative. This time the third finenter is Campeau Corporation, with a proven track record of successful plaza development and other major projects. The matter of approval is somewhat · premature however, as there is a pending contract of purchase and sale between Mardress and Campeau, and that agreement is not scheduled to close until some time in September. If that agreement closes on schedule, the Alderman stated that he would agree with Alderman Crowe, that Niagara Square would then be a reality, and would be concluded promptly thereafter. If not, then Council would be back where it was before in other dealings with Mr. Routledge. He indicated his support of the motion and felt that Council ought not to enter into a servicing agreement until it is certain that Campeau has become a controlling 'shareholder in the project. The Alderman stated that he would prefer Campeau being a signatory to the servicing agreement, since it would be much stronger if their name was on the document as a developer and not only as a mortgagee. Accordingly, he felt that Council ought to postpone any such agreement until: 1) Campeau is confirmed as a principal on the agreement; 2) that the deal betwee: Campeau and Routledge is closed, The Alderman believed that any action by Council prior to that time could be detrimental to the City, and that the City should retain control of the project until it is known that Campeau is now the developer of the plaza. Alderman Thomson indicated that many of his feelings on the matter had been expressed by Aldermen Crowe and Wallace. The information which was available prior to the meeting proved to be more optimistic, and still gives Council control so that long delays will not continue. Alderman Puttick stated that the meeting had served to bring about a new understanding of the negotiations involved in the plaza project and also to the si ning of a contract confirmed the fact that the City is not committed ~ which was not completely understood By members of Council. It was further stated that Council now had information which it should have had long ago. . Alderman Puttick believed that FAr. King would be back in September, and · e~pre~spd..the' opinion tha~.the City will have "a winher)'. -!- '-' Alderman Smeaton advised that he still had some reservations on the matter, and indicated that he would like to be as optimistic as the rest of members of Council, but had heard all the claimn before, and would believe it when he saw Alderman Michael declared that there had been a certain amount of negativis: concerning the whole project, and expressed the opinion that it is not easy for anyone to put together a deal involving millions of dollars, as is the case in this instance. Two previous deals have fallen through, but Mr. Routledge is known to be a promoter and it is hoped that this third deal will go through. It was pointed out that nothing has been lost, and none of the taxpayers' money has been lost. Alderman Michael expressed his thanks to the Mayor .for all the work that had been done by him on the City's behalf. Alderman Fera indicated that he would support the motion. The City is now getting closer to a plaza than ever before, and he was pleased to see the rather negative attitude of certain members of COuncil, includin8 himself, come to an end. The Alderman indicated his pleasure that Mr. Routledge had returned with 8ood news, and had no doubt that the plaza would go ahead. Alderman Harrigan stated that Council is age in filled with hope, and that he found himself seconding another motion in favour of Niagara Square. He indicated that he had some doubt, but hoped that this time the City would win. The Alderman felt that Mr. Routledge should be made aware of how close he came to having the by-law rescinded, · He advised that if Mr. Routledge did not come through this time, he would personally head a movement to have the by-law rescinded. ' Alderman Puttick, in referring to a previous statement of the Mayor, stated that there was never any discussion as to whether the Mayor or the N -3 - City Manager should act on the part of the City. At no time did Council have knowledge of exactly what was being done, and if they had, the matter could have been settled two weeks ago. Alderman Crowe referred to the optimism being shown by some members of Council and not by others. He indicated that he had gone through this procedure once before during his term. Mr. Routledge has the property, he has needed a financer and a partner, and it now appears that he has obtained these. The success or failure of Niagara Square is the success or failure of Mr. Routledge, and along with that goes the hopes and efforts and personal sacrifices made by staff and members of Council. Council is responsible to the electorate of the City to control the policy matters of the City. Council has attempted to do this in the past, and is attempting to do so now. Great strides have been made with the Region on this project. It was pointed out that no financer up to the present time has committed a $250,000 Letter of Credit, and no financer has gone to the extent of putting that much money on the line. The Alderman felt that this indicated that Council has something to believe in. If the arrangements with Campeau are not fulfilled, Council can simply sign the agreement, and someone will forfeit the $250,000, or Council can take other steps which are known to Council, and would simply be a matter of policy. Hopefully in September, the Mayor will be requesting Council to give their authorization on the agreement between the developer and the City. His Worship, Mayor Bukator thanked the Regional Councillors, Messrs. Scott, Mitchelson and Keighan for the work they have done at the Regional level on this project. The meeting adjourned to Committee of the Whole. READ AND ADOPTED, i~y'Cler~k~'~'~ COA' Mayor Committee Room ~[1 August 15, 1975 · Council ~aet in Committee of the Whole on Friday, August 15, 1975, following a ~peciaime~ting~O~, Council.j All Members of Cquncil were present with the exception of Aldermen Ma~n and Schisler. His Worship, May6r George Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, City Clerk Mayor COUNCIL MEETING Council Chambers August 15, 1975 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of Aldermen Mann and Schisler. His Worship, Mayor George Bukator presided as Chairman. The meeting adjourned, , = & & · · ~, READ AND ADOPTED, Mayor TWENTY-FIFTH MEETINC Committee Room ~;1 August 18, 1975 COMMITTEE OF THE WHOLE Council met in Committee of the Whole at 7:15 p.m, on Monday, August 18, I975. All Members of Council were present with the exception of His Worship, Mayor George Bukator, Aldermen Harrigan and Mann. Alderman Thomson presided as Chairman. READ AND ADOPTED, presented, the Committee of the Whole PRESIDING OFFICER Council Chambers August 18, 1975 Council met on Monday, August 18, 1975 at 7:30 p.m., for the purpose of considering general business. All Members were present with the exception of His Worship, Mayor George Bukator, Aldermen Marrigan and Mann. RESOLUTION No. 89 - FERA - STEWART - RESOLVED that Alderman S.W. Thomson be appointed as Presiding Officer during the absence of Mayor Bukator, for the meeting of August lg, 1975; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Alderman Smeaton offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the minutes of the meeting of August 5, 1975, be adopted as printed. DEPUTATIONS b~.rRoge~ Young, M.P., was granted permission to address Council on the motion of Alderman Stewart, seconded by Alderman Fera. Mr. Young thanked Council for the co-operation existing between Council, City staff and his office. With reference to the L.I.P. Programme, Mr. Young advised that there have been many changes and expansion of the L.I.P. progrsmm~. It is anticipated that the budget will be fairly substantially increased in this area over last year. Municipalities are encouraged to submit projects for funding under the Programrne. It is also encouraged that municipalities consider possible projects that could be feasible under the Programme. There are many different kinds of projects that can be funded, and if people approach Council requesting support of certain projects, it was requested that consideration be given to the possibility of funding them through the L.I.P. Programme. Mr. Young introducedMr. A1 Winremote, Project Co-erdination Officer at the Canada Manpower Centre, and advised that if members of Council had any questions, they could be directed either to Mr. Winremote or himself. Mr. Young also conmnended Council on their progress in housing through the N.I.P. and R.R.A.P. Progran~aea, and also referred to a meeting held with C.M.H,C. when he had been informed that C.M.M.C. had plans under way for further sewage treatment development. R~ference was made to a recent announcement by Provincial officials that four municipalities had been chosen where railway relocation feasibility studies would be carried out, The position of the Federal Minister is that feasibility studies are not of too great a benefit unless agreement can be reached with the Province to carry out the actual relocation scheme. Mr. Youn~ felt that the studies would not be funded since there is no commitment to follow through after they have been carried out. The DeLeuw Cather Railway Re location Feasibility Study carried out in 1965 almost fits the requirements of the Railway Relocation Act, with several exceptions. Mr. Young suggested that i f the study were updated and additional information submitted with it, it would meet the requirements of the Act as it stands. Alderman Thomson, Presiding Officer, thanked Mr. Young and Mr. Wintemute for their information on behalf of members of Council. - 2- It was moved by Alderman Wallace, seconded by Alderman Smeaton, that staff eebmit a report to Council at the meeting of September 2, 1975, listing therein any projects considered fsveurable for applications under the L.I.P. Programme. The motion Carried unanimously. ' .REPORT No. 422 - City Clerk - Re: Refreshment Vehicle Licenee. The report advises that an application has been received for a license to operate a refreshment vehicle i~ the City. The City Clerk advised that the vehicle will go~ to construction and industrial sites, similar to the Niagara Frontier Caterers operation. It was further advised that two applications had been submitted on the same vehicle, but that upon checking, it was found that the vehicle was owned by M3c. J. Michaud, whose application is being cons idered. The Clerk recommended that the applicatie: be approved on the understanding that the vehicle to he used by Mr. Michaud is approved by the Health Unit. ~. .' .... Mr. Michaud was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Stewart. Mr. Michaud advised that he owner the vehicle in question, and had located a supplier for the operation. The vehicle~would operate only atacerm~ctton.,andlindustrlal sites. Mr..Michaud and the City Clerk answered ~eve~al .questions raised by Council with regard the operation. Following further discussion, it was moved by Alderman Puttick, beeended by Aldernmn Michael, that the licenee be granted subject to approval by the Niagara Regional Hen lth Unit. The motion Carried with the following vote: AYE: Aldermen Fern, Michael, Orr, Puttick, Smeaton and Wallace. NAYE: Aldermen Crows, Schisler and. Stewart. UNFINISHED BUSINESS It was moved by Alderman Smeaton, seconded by Alderman Stewart, that item ~2 under Unfinished Business on the agenda be brought forward for considers. .tion at this time. CLOSING OF LOCAL CN TELECOMMUNICATIONS OFFICE Co~a. No. 81 - Mr..J.F. Law, Regional Manager, CN Telecommunications. The ccamaunication advises that the h.cal service will still be available by telephone, since the majority of messages are telephoned or telexed to the office at the present time. In that ell preyis ions of the Company's agreement with the union 'representing the employees havemheeu~emplied withe,no meetings can boaentered into involving a submission made by the union. ~ Comm. No. 82 - Mrs. A. Young - The con=nunication enclosed a clipping from the Review of a recent article concerning bus and train service in Niagara Falls, New York, and suggests that the clog ing of the Niagara Falls Telecon~unications could be an indication of future events that could take place in Niagara Falls, 'Ontario. The communication also lists a D,,mher of parties interested-in retaini~ the local office. teem. No. 83 - Mr. G. Gaskin, Ontario District Chairman, Cdn. Telecommunications Division of C.B.R.T. and G.W. - The communication .requests Council's continued suppor~ in retaining the local office. Alderman Smeaton advised that during a meeting of the N.R.T.A., the businessmen represented were quite concerned that their guests and patrons during the tourist season would be restricted in their use of the telecommunications services. Although only the counter service is to be discontinued, the Alderman felt that the closing of the local office was an indication of what could be a chain of eventag eventually leading to the termination of passenger service. in the City. Aldernmn Puttick suggested that a meeting be held between Mrs. Young, CN representatives and City officials to discuss the matter further. Alderumn Thomson, Presiding Officer, suggested that the letter received from Mr. law indicates that the City's request ta have the local office remain o~ was interpreted by CN as being on behalf of the union, This was not Council's intention. Mr. Young, M.~., advised Council that the CN operates as a Crown Corporation and has e~e relative independence of Parliament, The government has no power to officially force the Company to remain in business locally. Mr. YounS advised that he had written to Mr. H.J. Clerk, Vice President and General Manager of CNTeleoommunioations, and Mr. Clark's reply indicated a decline in the use of the telegram and money tranafer~services over the past few years. The deerease~ in the average monthly revenue traffic handled in' -3- the City were reflected by the following figures: 1971 - $4490, 1972 - $3101, 1973 - $1981, 1974 - $1800, and 1975 - $1450. Mr. Young suggested that anyone who is interested in maintaining the local office, should write to Mr. Clark. It was moved by Alderman Smeaton, seconded by Alderman Crowe, that the communications be received and filed, and that staff be instructed to meet with Mr. J.F. Law, Regional Manager along with Mr. R. Young, M.P. for Niagara Falls to strongly request that the local office be maintained in Niagara Falls if at all possible, and express the concern of Council that this action could be the initial step in the closing of additional services in the City. The motion Carried unanimously. FLOODING CONDITIONS - SINNICKS AVENUE .IReport No. 423 - City Manager - Re: Sinnicks Avenue Flooding Condition. The report recommends that the extension of a 48!' diameter storm sewer on Brooks Street from its present termination to Stanley Avenue (eat. $150,000) be brought up for review at the budget time when the 1976-1980 capital budget forecast is considered by Council; 2) depending upon the timing of the construction of the storm sewer extension on Brooks St., that local improvement storm sewers be initiated for the area accordingly; and 3) as an interim solution, the Plumbing Inspector be authorized to disQuss the installation of back-water valves with the petitioners concerned. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the report be received and adopted, and a copy sent to the petitioners in question. CO~MUNICATIONE No. 84 - Parks Assistance Officer, Ministry of Natural Resources. The communica- tion advises that approval has been given to the development plan for Grassy Brook Park, and provides information regarding grants. ORDERED on the motion of Alderman SchiSler, seconded by Alderman Smeaton, that a copy of the approval be sent to the Parks Dept. with a suggestion that a staged program of development could be prepared incorporating the revisions of the plan suggested by the Conservation Authorities Branch. No. 85 - Ministry of Culture and Recreation. The communication advises of the Guidelines to Part V of The Ontario Heritage Act dealing with Heritage Conservation Districts. ORDERED on the motion of Alderman Crows, seconded by Aldermen err, that the communication be received and a copy of same, along with the guidelines be distributed to the Planning& Development Department, and the local Historical .Society. No. 86 - Stamford Kiwanis Club - The cowanunication requests permission to serve beer and liquor in connection with their 58th Annual Convention "Fun Nits". ONDEHED on the motion of Alderman Michael, seconded by Alderman Fern, that the communication be received, and the request approved subject to similar approvals beingsreceived from the Fire Dept., Health Unit, Police Dept., and the Liquor Licenee.Board of Ontario. ' REPORTS No. 424 - City Manager - Re: Contract S.S. 21-75, Stanley Avenue TrUnk Storm Sewermain. The report reccnmaends that awarding of the contract be deferred for two weeks until September 2, 1975, and that the City Treasurer be authorized to release the tender deposit cheques in the amount of $35,000 to all tenderors, with the exception of the two lowest tenderera, as specified in the tender documents. ORDERED on the motion of Alderman Crqwe, seconded by Alderman Stewart, that the report be received and adopted. No. 425 - City Manager - Re: Contract W.I. 22-75, Watermain Installations on Q.E.W. East Service Roed~ Franklin Avenue and Ash Street. The report recoupheads that the unit prices submitted by L & N Construction & Excavating be accepted, and that the by-law authorizing the execution of a contract agreement be approved. ORDERED on the motion of Alderman Smeaton~ seconded by Alderman err, that the report be received and adopted. See Resolution No. 90 See By-,l~ NQ. ,7~-1~5 No. 426 - City Manager - Re: Contract W.l. 23-75, Watermain Installations on Various City Streets. The report recommends that the unit prices submitted by Covello Bros. Ltd. be accepteds that the by-law authorizing the agreement be -4- approved, and that the award of the contract for the balance of the 1975 operating budget watermains be subject to Councilts further approval in the event the total construction costs should exceed the budgeted amount of $140,000. ORDERED on the motion of Alderman Orr, seconded by Alderman Fern, that the report be received and adopted. See Resolution No. 91 See By-law No. 75-I5~ No. 427 - City Manager - Re: Contract S.S. 29-75, Portage Road Storm Sewer Extension. The report recommends that no award be made for the contract, and that the project be re-tendered, and further that the tender deposit cheque of the only bidder be returned. Aldermen Puttick and Fera questioned the fact that only one bid was received, and the fact thst staff was recommending re-tendering of the contract, The Design & Construction Engineer advised that although a number of contractors had indicated an interest in the contract, other commitments and the large number of contracts presently under way throughout the City prevented them from bidding. It was further advised that if the single bid received had not exceeded the amount provided in the 1975 capital budget, the recommends tion could have been different. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that 'the report be received and adopted. on S,m.ner Street. The report reconmends that the e ~ Provincial Construction be accepted, and that the by-law authorizing the agree- ment be approved. ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 92 See By-law No. 75-151 No. 429 - His Worship, Mayor Bukator - Re: Actions of Regional Council. The report lists a number of the more important matters approved by Regional Council at their July 3rd and August 7th meetings. ORDERED on the motion of Alderman Smea2on, seconded by Alderman Orr, that the report be received and filed. Regional Councillor R. Keighan advised Council that provision had been made in the Region's budget for the installation of traffic lights at the intersections of Dorchester and McLeod Roads and Drummond nd McLeod Roads. With the hdginoinE of the school year several weeks away, r. Keighan suggested that if the lights were not in operation within the next week,' that staff contact the Region in this regard. NOTE: Aldermen Michael and Wallace.were absent when the discussion and vote were held on this item. No. 430 -. City Manager - Re: Flooding Condition in Hawkins Street Area. The report recommends that the petitioners be advised that the necessary storm sewers for Hawkins Street/Dell Avenue/Churchill Street area have been included in the 1975 Neighbourhood Improvement Program known as the Drummond South N.I.P. area; and that the funding for the Drln-mond South N.I.P. area be considered at the budget time when our 1976=1980 capital budget forecast is reviewed by Council. ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, 'that the report be received and adopted. *i No. 431 - City Manager - Re: Construction By-law for the Ins'tallation of ~anttary Sewermain on SodomRosd. The report recommends that the construction by-law to authorize the installation of a 30" and 27" diameter ssnitary sewermain on SodomRoad from Main Street to'Weinbrenner Road at a net debenture amount of $180,000 be given the necessary readings. ORDERED on the motion of Alderman Crowe, seconded by Alderman grewarti that thereport be received and adopted. ' See By-laW No. 75-1! No. 432 - City Manager - Re: Construction By-lnw for Watermain Installations on Various City Streets. The report recounnends that the construction by-law to authorize the installation of watermains on Carlton Avenue, Dixon Street, Fells Avenue end Sodom Road, at the net dabsutured amount of $170,000 be given the necesssry readings. ORDEPa~ on the motion of' Alderman Crows, seconded by Aldermen Fern, that the the report he received and adopted. See By-law No. 75-1~ - 5 - No. 433 - City Manager - Re: Proposed Policy re Opening and Closing of Pools. The report recommends that the proposed Policy for the Opening and Closing of City Outdoor Pools be approved by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be received and adopted. No. 434 - City Manager - Re: Request of Weightman (Chippawa) Ltd. re: Use of .Portion of Dock Street. The report recommends that s licence agreement be prepared permitting the applicants to use 40 feet of that portion of Dock Street lying southerly of Welland Street, subject to four conditions. ORDERED on the motion of Alderman Schis ler, seconded by Alderman Michael, that the report be received and adopted. No. 435 - Planning & Development Committee - Re: AM-21/73, Riverdale Frozen Foods Ltd., Niagara River Parkway. The Planning & Development Committee recommends that Council approve the application of Riverdale Frozen Foods Ltd. subject to a number of conditions; that Council certifyby resolution that the application -conforms to Official Plan Amendment No. 29 of the Niagara Falls Planning Area; and that Council adopt Amendment No. 69 by By-law. Alderman Crows asked if plans had been made to build a berm or buffer zone. Mr. Amadio, speaking on behalf of Riverdale Frozen Foods, advised that a more than adequate buffer zone would be built. It was further advised that there was also provision for some type of shrub border to be put in, which will be approved by the Niagara Parks Conmission. Alderman Michael, in referring to the letters of objection received by th~ City Clerk, asked if a precedent was being set, and if an addition to the plant would be a contradiction to the present policy. The Planning Director stated that the plant was the only existing industrial plant between Chippaws and the south boundary of the City, and in his opinion, was not setting a precedent. In answer to the Aldermants second question, the Planning Director advised that the Official Plan does a~fiempt to maintain a rural area, but it is the opinion .of the Planning & Development Committee that the usage can be permitted and the rural nature of the area continued. The Alderman also asked if there was a possibility Qf a pollution problem due to effluent from the plant draining into the Niagara River and surrounding streams and ditches. Mr. J. Montgomery advised that approxqm~tely two years ago, a pollution problem was brought up, and the Ministry of the Environment was brought in. The Ministry ordered that the septic tank drainage area be enlarged. This is the major reason for the additional sixteen acres, to enable the plant to comply with the Ministry~s .instructions. It was further advised that the extension to the plant would be further away from the Parkway and not closer. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the recommendations of the Planning & Development Committee be adopted. See Resolution No. 93 See By-laws.qS-1}~ .& 75-154 No. 436 - City Manager - Re: Official Plan Amendment No. 73 and 26T-74175, Dorchester Square Subdivision. The report recon~ends that Council approve the deletion from Official Plan.Amendment No. 73 and the Subdivision 26T-74175, the 18 acre block and all verbal reference thereto.. Alderman Smeaton advised that in speaking to.Mr. Pennachetti, he had been advised b~.~him that'his people had not been given much notice with regard to this proposal. The Planning Director stated that he had eontaceed~Mr. Vos of Atherton~s office approximately a week and a half ago, and a copy of s letter addreseedsto:the Province had been sent to Mr. Vos. Alderman Smeaton requested that the Planning Director document these dates and refer them to Mr. Pennachetti. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 94 No. 437 - City Manager - Re: Parkview Estates Condomininm. The report advises that a draft plan and questionnaire have been received from the Plans Adminis- ~rnt!on Branch of the Ministry of Rousing relative to the Parkview Estates Condominium propose1. It is reconnended that the Completed questionnaire be retuFned to the Ministry of Housing. ORDERED on the motion Of Alderman Schisler, seconded by Aldernmn Stewart, that the report be received and adopted. Alderman Crows was absent when the vote was taken on this matter. -6 - No. 438 - City Manager - Re: Acquisition of Necessary Lands by the Region from the City for the Niagara Falls Pollution Control Plant Expansion. The report advises that the Regional staff have not been able to advise the City of their land requirement for the expansion. Once this information has been obtained, a further report will be submitted for Council's considerati~ ORDERED on the motion of Alderman Puttick, seconded by Alderman Schialer, that the report be received and filed. NOTE: Alderman Crows was absent when the vote was taken on this matter. No. 439 - City Manager - Re: Parking Prohibition on Brookfield Avenue. The report recommends that parking be prohibited from the westerly side of Brookfie! Avenue from Lundy's Lane 120' southerly and from the easterly side of Brookfield Avenue from Lundy's Lane 75' southerly. ORDERED on the motion of Alderman Smeatoh, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Crows was absent when the vote was taken on this matter. No. 440 - City Manager - Re: Parking Prohibitions on Keller and Mechanic Streets The report reconmends that parking be prohibited from the northerly s ida of Mechanic Street from Macklem Street to Rapids View Drive and from the westerly side of Keller Street from Mechanic Street to Portage Road. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 441 - City Manager - Re: Parking Prohibition on Gladstone Avenue. The rep0r reconmends that parking be prohibited from the westerly side of Gladstone Avenue fromFerry Street to 165 feet southerly and from the easterly side of Gladstone Avenue from Ferry Street to 185 feet southerly. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Crows was absent when the vote was taken on this matter. No. 44 -cityManager- Re, Maavy rucks that the heavy truck by-law'be amended to oeo Church's Lane from Stanley Avenue to St. Paul Avenue. ORDERED on the motion of Alderman Michael, seconded by Alderman 0rr, that the report be received end adopted. 'NOTE: Alderman Crows was absent when the vote was taken off this matter. No. 443 - City Manager - Re: Stop Signs at Various Intersections. The report ~ecommends that the necessary steps be taken to have stop signs erected at the following intersections: 1) Step on Piva Avenue, northbound and southbound at Wills Street; 2) Stop on St. Peter Avenue, northbound at Colborne Street; 3) Stop on George Avenue, northbound and southbound at Gore Street; 4) Stop on Ulster Avenue, northbound and southbound at Woodbine Street; 5) Stop on Warden Avenue, northbound snd southbound at Margaret Street; 6) Stop on Centre Street st its intersection with Lorne Street; and 7) Stop on Nancy Drive, southbound at Doreen Drive. Alderman Puttick advised that he was in agreement with the erection of a stop sign on St. Peter Avenue at Colborne Street, but questioned the necessit!~; of the stop sign westbound on Colborne at the town housing. The Project & Services Engineer advised that he would check into the .matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted· NOTE; Alderman Crows was absent when the vote was taken on this matter. No. 444 -Losn Review Committee - The report recoupends approval of seven sppllI[ tions for assistance under the Ontario Rome Renewal Programme. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fare, that the ~eport be received and adopted. NOTE: 'Alderman Crowe~wssi.absentl,when the 'vote, was taken onathtsamatter, MeneSer pr · nat n o 25778 and 25795. O~DERED on the motion of Aldermen Michael, seconded by Alderman Wallace, thst th~ report be received and adopted. - 7- No. 421 - City Solicitor - Re: Niagara Square - The report deals with Council's alternatives to the Niagara Square matter, whether Council is obligated con- tractually withMardress Investments, whether Council is obligated regarding zoning and what options Coum il may have, whether the City is obligated centfactually to enter into a subdivision agreement with Mardress, and the Solicitor's opinion concerning the proposed changes in the subdivision agreement and the Letter of Credit. ORDERED on the motion of Alderman Wallace, seconded by Alderman Stewart, that the report be received and filed. RESOLUTIONS No. 90 - S~ATON -ORR - RESOLVED that the unit prices submitted by L & N Construction and Excavating of Niagara Limited for the installation of watermains on the Q.E.W. East SerVice Road, Franklin Avenue and Ash Street be accepted at the tendered price of $172,002.28; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 91 -ORR - FERA - RESOLVED that the unit prices submitted by Covello Bros. Limited for the installation of watermains on various City streets be accepted at the tendered price of $243,118.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 92 - FERA -ORR - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for the installation of sewer and watermains on S,m~ner Street be accepted at the tendered price of $12,185.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 93 - SMEATON - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Riverdale Frozen Foods Ltd. for the rezoning of Pt. Lot 13, Concession 1, situated on the north side of Marshall Road, conforms to the Official Plan Amendment No. 29 of the Niagara Falls Planning area, a fte~Amendment~Np. 69 has been approved by the MiniSter ofiHo~stng;,AND,the~Sealdof.~he:Corporation be hereto affixed. Carried Unanimousl~ No. 94 - SMEATON - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls is in agreement with deleting the eighteen acre block from Official Plan Amendment No. 73 and the Subdivision 26T-74175, and all verbal reference thereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler, that leave be granted to introduce the following by-laws and the by-Iaws be read a first time: NO · 75-151 - A By-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 75-152 - A By-law to authorize the construction of watermains as improvements to the water supply system in the Urban Service Areas of the City. Carried Unanimously ORDERED on the motion of Alderman Stewart, seconded by Alderman Michael, that the following by-laws be now read a second time: No. 75-151 - A By-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage~pystem in the Urban Service Areas of the City. No. 75-152 - A By-law to authorize the construction of watermains as improvements to the water supply system in the Urban Service Areas of the City. Carried Unanimous.ly ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallace, that -8- leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 75-153 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 75-154 - 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. No. 75-155 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of watermains. No. 75-156 - A By-law to authorize an agreement with William avers for architect~ ~ services. No. 75-157 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewermains and watermains. No. 75-158 - A By-law to authorize the execution of an agreement with Covello Brag. Limited for the construction of watermains. No. 75-159 - A By-law to provide monies for general purposes. Carried Unanlmousb~' ORD~-RED on the motion of Alderman Schisler, seconded bY Alderman Sinaaron, that by-laws be now read a second and third time: No. 75-153 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. ,. No. 75-154 - 4-By-law to amend, By-law No. 395, 1966 of the-former Township of Willoughby now in the City of Niagara Falls, as amended. · No. 75-155 - A By-law to authorize the execution~of,~an agreement wit~ L & N Construction and Excavating of Niagara Limited for the construction No. 75-156 - A By-law to authorize an agreement with William 0vats for arohitect~, No. 75-157 - A By-law to aathorize the execution of an agreement with Provinoial Construction~ (Niagara Fa,lls~uLim~ed, for r'the ~const~uction of sewermains and watermains. No. 75-158 - A By-law to authorize the execution of an agreement with Coyella Brag. Limited for the construction of watermains. -No. 75-159 - A By-law to provide monies for general purposes. Carried Unsnim0us~ NEW BUSI~SS NOISE COMPLAINT RE: SQUEALING OF TIRES Alderman gmeaton expressed concern over the almost continual squealing of tires between the hours of midnight and 5:00 a.m., especially at the Dorchester Road, Lundy's Lane intersection. The Alderman was of the opinion that the Regional Police should be requested to investigate these camplaints with a view to increasing charges under this obvious violation. Alderman Crows felt that the matter should be given a low priority, since the Regional Police must deal with matters o£ a more serious nature. Alderman Puttick suggested that She Regional Police should be approached, and the number of complaints determined before Council makes an official request. Alderman ameston assured members of Council that this was not an isolated complaint. It was moved by Aldermen Smeaton, seconded by Alderman Wallace, that the Regional Police barequested to investigate these complaints, and cnforce the section o£ the Highway Traffic Act involving these violations. The motion Carrie...__! unanimously. MIg~JL~IC PROPERTY - DORCHESTER & GARUEN Alderman Smeaton requested thst the City MansSer check into condition of the - 9- Mikulcic property, known formerly as the Queensway Motel. Among several of the problems existing included: an improperly covered cistern; the plumbing housing insulated by straw, which attracts rodents; diseased elm trees; weeds; large evergreen branches growing close to the telephone wires. The property itself is in a state of disrepair. The Alderman felt that the property should be inspected by the Building & Development Co-ordinator, the Weed Inspector and the Mealth Unit. It was suggested that the property would make an excellent park, and requested that this matter be studied. Alderman Puttick suggested that there had been some secrecy involved when this property had been sold, and felt that the selling price of the land should be made public. Alderman Crows replied that there had been no secrecy, and the land had been sold at a public auction, which had been advertised in the press. It was moved by Alderman Smeaton, seconded by Alderman Stewart, that the City Manager investigate the complaints raised. CHEMICAL SPRAYING AND CUTTING OF WEEDS Following a. question raised regarding payment of an account regarding cutting and spraying of weeds, it was moved by Alderman Wallace, seconded by Alderman Orr, that staff bring in a report concerning weed control costs in the City on an annual basis with a breakdown on a monthly basis, and further information regarding costs of weed cuttlng and spraying and the amount of these costs as charged back to the various property owners on their respective tax bills. The motion Carried: unanimously. INDUSTRIAL TRIP TO GERMANY Alderman Puttick inquired as to when a report would be submitted regarding the most recent industrial trip to Germany. The PreSiding Officer advised that there would be a report submitted in the early part of September. HODGSON STEEL & IRON WORKS In referring to an earlier report dealing with Riverdale Frozen Foods, Alderman Puttick inquired as to whether Development Control under Section 35 (a) of The Planning Act could have been applied in the case of Hodgson Steel & Iron Works, as it was in the case of Riverdale Frozen Foods. The City Manager advised that Council does not have the same control over Hodgson Steel since they did not apply for a rezoning, as was the case with Riverdale Frozen Foods. REIMBURSEMENT OF EXPENSES It was moved by Alderman Crowe, seconded by Alderman Stewart, that His Worship, Mayor Bukator and the City Manager be reimbursed for expenses accrued in travels to make inquiries with Algoma Central Railway and Campeau Inc. during the week of July 28ths 1975, as expenses incurred in the normal cause of their respective Offices, and further that any time expanded by the City Manager be deemed time spent in the ordinary course of his office as City Manager. The motion Carrie__d unanimously. FORMER LOBLAWS PROPERTY - DRUMMOND & DUNN Aldermen Michael advised of the condition of this property at the corner of Drummond and Dunn. The building is in disrepair, and the weeds have grown quite high. It was also advised that there were weeds on the City's property along the boulevard. The City Manager advised that staff did get in touch with the property manager earlier in the year, and it had been cleaned up at that time. Contact will be made again, and the company will be advised of Council'e concern. MYER SALIT PROPERTY Alderman Fern asked for a progress report on the condition of the former Myer 8alit property. The Building & Development Co-Ordinator advised that the owner had been contacted, and had been given thirty days to comply with the order. JULES VERNE PARK Alderman Puttick requested the status of the Jules Verne Park. The Alderman - l0 ' also inquired if there would be a delay in proceeding with the re-zoning, since the land had been placed up for auction. The City Manager advised that there had been no bid high enough at the auction for the reserve bid, and the property will now be sold privately. If the land is purchased, it could still be devel0pi; Alderman Puttick then asked about the Welland Securities property adjacent to the Jules Verne Park, and the City Manager advised that this will now be handled as a separate project and will be rezoned separatelye- DRAFT ZONING BY-LAW Alderman Thomson, Presiding Officer, requested the status on the draft zoning by-law. The City Manager.suggested that a report could be submitted at the next Council meeting on this matter. It was moved by Alderman Puttick, seconded by Alderman Stewart, that a report be submitted at the meeting of September 2, 1975, outlining the status of the draft zoning by-law. The motion ~arried unanimously, RQADWAYS IN INDUSTRIAL SUBDIVISION Alderman Thomson, Presiding Officer, advised that the roadways in the Ctty's Industrial Subdivision are too narrow for the large equipment and trucks to make turns into the various buildings. The Alderman suggested that since the City is now developing a new industrial subdivision, that discussions should be held with representatives of industries in the area regarding development of the new subdivision. *****~ It was moved by Alderman Smeaton, seconded by Aldermen Fera, that the meeting adjourn. READ AND ADOPTRD, CI~RK PRESIDING OFFICER TWENTY-SIXTHMEETING Committee Room #1 .September 2~ 1975- C0~4ITTEE OF THE WHOLE Council met in Comm~ ttee of the Whole at 7:00 p.m. on Tuesday, September 2, 1975- All Members of Council were present with the exception of Alderman Michael. His Worship Mayor George Bukator presided as Chairman. ~ Following consideration of the items presented, the Committee Of the Whole arose withou~ reporting. Clerk Mayor REGULAR MEETING Council Chsmbers, September 2, 1975. Council met on Tuesday, September 2, 1975 at 7:30 p.m. for the purpose of considering generalbusiness. All Members were present with the exception of AldermAn Michael. Alderman Harrigan arrived during the discussion on the Shriner's Creek Environmental Impact Study. AldermemCrowe offered the opening prayer. It was Ordered on the motion of Alderman Mann, seconded by Alderman Themson that the minutes of the Meetings of Council held on August 15th and 18th, 1975 be adopted as printed. DEPUTATIONS Comm. 87 - Niagara Transit - Advising that the total cost for the construction of a maintenance facility and renovation to garage building will amount to $950,000., an increase of $50,000. over the amount originally approved by the City Council and the Ontario Municipal Board. Requesting the City Council to approve the additional expenditure and obtain Ontario Municipal Board approval for same. It was Ordered on the motion of Alderman Mann, seconded by Aldenman Orr that Mr. Wm. Sootheran be granted permission to address Council on behalf of Niagara Transi~. Mr. Sootheran requested Council to approve the additional expenditure in order that the service centre project could be proceeded with. He stated that the Ministry of Transportation and Comnunications had approved the entire $950,000. cost for ~mmediate subsidy. He further advised that tenders had been called to remove as many of the buildings in the area of the new facility as possible, and there were expropriation procedures underway on two buildings. Some discussion took place in respect to the portion of the report of DeLeuw Cather to Niagara Transit dated August 20, 1975 outlining, for their con- sideratior~ a list of items that could be deleted or revised in order to cut the cost of the project by an amount of $21,338. It was Ordered on the motion of Alderman Puttick, seconded by Aldenman Themson that the request of Niagara Transit for an additional expenditure of $50,000. be approved by Council and the necessary application be made to the Ontario Municipal -2- SHRINER'S CREEK ENVIRONMENTAL IMPACT STUDY Report 422 - City Manager - Final Report on the Environmental Impact Study for the Shriner's Creek Watershed. Recommending: l) That the final Report submitted by the Firm of Proctor & Redfern be tabled for three weeks. 2) That the Consultsmrs be re- quested to attend the Council Committee meeting on September 22nd, 1975 to answer any questions Council m~y have on the Report. 3) That the Report be referred to the Niag- ara Peninsula Conservation Authority for comnents. Mr. W.D. Go0dings, P.Eng. ,' Branch Manager, and Mr. J. R. Ry~n, P.Eng., Project Mamaget of the Consulting Firm of Proctor & Redfern were present at the meeting and it was Ordered on the motion of Alderman Wallace, seconded by Alderman Thomson that they be granted per- mission to ~ddress Council. The presentation of the Environmental Impact Study to Council by Mr. Goodings was accom- panied by a capsule review of the contents of the comprehensive report which comprised two volumes (1 - Text; 2 - Dra~rings). It was explained that detailed investigations had been carried out with respect to hydrology, ecology, geology, hydrogeology, planning, existing drainage system, ~uture drainage works proposed by the City, sad the engineer- ing, construction and maintenance aspects of several alternative solutions. The follow- ing are some of the c~mnents and recommendations made to Council, as outlined in Chapter 6 - "Strumtory of Conclusions and Recommendations" and in the'Synopsis"of the Study. Project Proposal Of the eight alternatives studied, Alternative 8 - "Project Proposal" was selected as the best ~aay of managing the Shriner's Creek storm flows from all points of view. The proposal consists of the installation of three dams on the w&tercourse and a series of sediment traps. The storage basins behind the dams would contain w~ter at the time of high flows. The stored water would be released in a controlled manner, and the stor- age basins would revert to a dry condition within a few hours after the high flows had subsided. This proposal, which would not require the ramoval of any trees, and would best meet the concerns of the citizens, would be able to withhold a storm having a cap- acity of one which wo~uld occur once in a B5 year period. It was estimated that the cost of Alternative 8 was $395,000.00 and this was cc~!oared to the City's proposal - Alternative 7, at an estimated cost of $310,000.00. It ~as indicated that the City's proposal consisting of the construction of a single 8 acre in-channel retention pond was the second best method considered, but the ecological impact would be much greater. Conclusions and Reconmendations The solution to the Shriner's Creek storm run-off problem was diagnosed as an engineer- ing problem rather than an adjustment to the Official Plan, and there was no reason to change the location of the proposed western urban boundary. It w~s recommended that "Project Proposal" be implemented ~mmediately, that the acquisi- tion of the site be proceeded with, and the construction of the dry dams be con~nenced as opposed to a retention pond, and "flooding rights" be acquired. It was pointed out that legislation existed which would permit the City of Niagara Falls to construct a series~ of control dams on the Shrlner's Creek. A further recommendation was that all future proposed subdivisions in proximity to Shriner's Creek should be examined with a view to providing appropriate setbacks from the watercourse. As part of the presentation, Mr. Ryan posted, for viewing by the Members of Council, several large photographs on which he pointed out the location of the im~rovements to be made to the Shriner's Creek Watershed, as envisaged in the "Project Proposal". During Mr. Goodings' review of the Study he answered several questions directed to him by Members of Council. (Alderman Harrigan arrived at the meeting) At the conclusion of the presentation, it was Ordered on the motion of Alderman Schisler, seconded by Alderman Smeaton that Report No. 422 of the City Nanager be received and recc~mendations outlined th.e~sin be adopted. -3- COMMUNICATIONS No. 88 - The Regional Municipality of Niagara - Requesting the appointment of a Council representative to serve on the Advisory Housing Conmittee. ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fera that the com- munication be received and Alderman Crowe be appointed as the representative on this Committee. No. 89 - Mr. David Jamieson, Chief Hearing Officer - Requesting the use of the City Hs] ] for the purpose of hearing appeals from decisi6ns of the Niagara Escarpment Comm'~ ssion. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera that the com- munication be received and Mr. J~mieson be advised that the Council Chambers can be made available providing there is no interference with scheduled Municipal use of the Chs~nbers. No. 90 - Central Mortgage & Housing Corporation - Advising that the Thorold Stone Road Storm SeWer project is eligible for a C.M.H.C. grant estimated in the amount of $26,100. · . . ORDERED on the motion of Aldermen Crowe, seconded by Alderman Smeaton that the communication be received and filed. Flooding Conditions in Dell Avenue and Allanthus Avenue Housing Authority units. At this point in the meeting Alderman Puttick advised Council that a Mrs. Perkhill and a Mrs. Arthur were present in the Council Chambers, and they wished to bring to Council's attention flooding conditions which occur in the Housing Authority units they reside in on DeLl Avenue and Allanthus Avenue. Mrs. Perkhill referred to the damage caused to appliances, etc. in her basement from sewage water back-up, and the resulting expenses caused. In addition, she mentioned that repairs were required to the kitchen floor in her home. She also questioned whether the frequent water back-ups were the cause of problems with ants, fleas, etc. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the City Manager ~rrite to Ontario Housing Corporation ~nd the Niagara Falls Housing Authority for an explanation about the back-up of sewage which causes basement flooding in Housing Authority units on Dell and Allanthus Avenues. REPORTS No. 423 - City Manager - Addison Court Condominium, rec~nmending the return of the questionnaire in respect to the proposed Condeminium development on Block F of Plan N.S. 15 (Heritage Homesteads Subdivision). ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the Report be received and the questiOunaire be returned to the Ministry of Housing. No. 424 - City Manager - Sale of Parcel of land 75' x 50', west side Erie Avenue. Recommending that the subject property be sold to Mr. R. Shavalier for the sum of $1,050.00, the sale being subject to the approval of the Ministry of Treas.ur_y,' Economics and Intergovernmental Affairs.. ORDERED on 'the motion of Alderm~n Thumson,' seconded by Alderman Sineaton that the Report be received and adopted. No. 425 - City Manager - Morrison Street Fire H,~-~ ~ Extension. Recommending that the City Council authorize the finalizing of the plans and specifications and the calling of tenders. It was Ordered on the motion of Alderman Thomson, seconded by Alderman Stewart that Mr. Win. O~ers, the Architect who prepared the plans for the proposed extension, be granted permission to address Council. Mr. Overs advised that the addition proposed to the building was quite small. He explained that storage space was lacking in the present facilities. He also provided an explanation of the alterations required to the Fire H~ll. ORDERED on the motion of Alderman Wallace, seconded by Alderman Stewart that the Report be received and recommendation adopted. No. 426 - City Manager - Lundy's. Lane Battlefield Site and Application of Dew Con- struction. Advising that every avenue for the financial participation of the Federal-Provincial Government and the Niagara Parks Commission have met with little success in respect to the possible acquisition of lands in the Lundy's Lane - Barker Street area for preservation as a historical pork commemorating the battle of Lundy's Lane. Suggest- ~ng that 'a ~epres~tative'~f D~w C~struction be'aSked to'meet with Planning and Development staff in 'order to determine a mutually acceptable use of the property. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart that the Report be received and recommendation adopted. This motion was carried with Alderman Wallace voting contrary and all others in favour. -4- No. 427 - City Manager - Sale of Former Fal I s View Fire Hall. Advising of the offers received as a result of the advertisements in the Niagara Falls Review. Suggesting that if any of the offers is acceptable to Council that the necessary application to establish the zoning be referred to the Planning and Development Comm~ ttee in order that a hearing can be held on the matter. ORDERED on the motion of Alderman Crows, seconded by Alderman H~rrigan that the Report be tabled for consideration by Council in Committee of the Whole. No. 428 - City Manager - Contract S.S. 21-75, Stanley Avenue Trunk Storm Sewermain. Recommending that no contract award be made for this contract for the Stanley Avenue Trunk Sewermain and that this project be re-tendered forthwith; that the tender deposit cheques in the a~ount of $35,000.00 each be returned to the two low tenderers. In reply to several questions by Members of Council, Mr. Ken Yu, Design & Construc- tion Engineer, reviewed the recommendations concerning the tender of Provincial Construc- tion (Niagara) L~m~ted. Mr. Yu stated that this contractor was of the opinion that steel sheeting w~s not required for this project and had not quoted on item 17 - steel sheeting to be left in place. The contractor had indicated he would use a steel box method instead, Mr. Yu explained that based on a soils report there could be some areas where the steel box method may not be workable. There was the possibility that steel sheeting may be required, and if it has to be left in place the City has no basis on which to compensate the Contractor since he had not quoted on this ~tem in the tender. The City Solicitor~ Mr. H. R. Young, advised that the contract was on a unit price basis, and not a "fixed s~un" contract. The tenderer had not put in a figure for steel sheeting left in place, but the specifications contemplate that the Engineer may direct steel sheeting will be left in place. Mr. Yu stated that in a letter frGn the Contractor dated August 28, 1975 he stated his tender price was not based on steel sheeting, and he expected to be compensat&d at the rate of $5.75 per square foot under item 17, if steel sheeting is required to be left in place. He stated that the submission of the unit price for this item after the opening of the tender was a deviation from the norms.1 tendering procedure. Mr. Anthony De Santis of Provincial Construction (Niagara Fs.lls) L~m~ted was present at the meeting and was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Thomson. Mr. De Santis stated that he had dug five test holes and because of the rock encountered was of the opinion that sheeting would not be required to be left in place. He advised that he had not bid on item 17 because he did not intend to use steel sheeting for the project, but would use the steel box method. He stated that if he used steel sheeting it would be at his own expanse, but he would then remove it. In answer to a direct question, Mr. De Santis indicated he ' Would not accept the contract award based on the understanding that he would not be com- pensated for any sheet piling that may be required to be left in place. Following the discussion on the matter it was Ordered on the motion of Alderman Mann, seconded by Alderman Stewart that the Report be received and reco~mandations adop- ted. This motion was Carried with the follc~-ing vote: A~e: Aldermen Crows, Harrigan, Mann, Schisler, Smeaton, Stewart.~' Na~e: Aldermen Fera, Orr, Puttick, Thomson, Wallace No. 429 - City Manager - Contract W.I. 26-75, 1975 Operating Budget Watermain Installa- tions. Recommending the awarding of the Contract to Kerrio L~m~ted for several items and excluding it~ma i to 9 (Riall Street).'! aRecommend~ng · the necessary by-law be approved. ORDEREB on the motion of Alderman Thomson, seconded by Alderman Smeaton that the Report be received and that Kerrio I,~m~ted be a~arded the total contract for tendered upon, in the mount of ~,lO~.,~4.O~; and. the By-law to authorize the execution . of the contract agreement be ,:' SEE By-law 75-169 No. 4BO.- City Manager - Salary Survey of all ~on-union employees. Advising of Quota- tions received from Stevenson & Kellogg Ltd., P. S. Ross & Partners and Sego 'International Ltd. Representatives from' each of the three firms were present at the meeting, and it was Ordered on the motion of Alderman Thomson, seconded by Aldexlnan Stewart that the repre- sentatives be heard. The three representatives present, MAr. George B. Norval on behalf of Stevenson & Kellogg Ltd., Mr. Jack Palmer on behalf of P. S. Ross & Partners and Mr. Raymond Pierce on behalf of Sego International Ltd. each provided a brief outline of their respective proposals, including the number of personnel who would be involved, the type and scope of the study to be undertaken, and the number of weeks of completion. As a result of the discussion which took place on this matter, the following motions were presented: P. S. Ross & Partners It was Moved by Alderm~n Puttick, seconded by Alderm~n Orr that the proposal of P. S. Ross & Partners be accepted. This motion was Defeated with the follyring vote: Aye: Aldermen Harrigan, Orr, Puttick, Schisler Na~e: Aldermen Crowe, Fera, Mann, Sineaton, Stewart, Thomson, Wallace. Stevenson & Kellogg Ltd. It was Moved by Alderman Mann, seconded by Alderman Smeaton that the proposal of Stevenson & Kellogg Ltd. be accepted. This motion was Defeated with the fobowing vote: Aye: Aldermen Crowe, Fera, Mann, Smeaton, Stewart Naye: Aldermen Harrigan, Orr, Puttick, Schisler, Thomson, Wallace Sego International Ltd. It was Moved by Alderman Wallace, seconded by Alderman Harrigan that the proposal of Sego International Ltd. be accepted. This motion was Defeated with the following vote: Aye: Aldermen Wallace, Harrigan, Thomson, Fera. Na~e: Aldermen Crows, Mann, Orr, Puttick, Schisler, Sineaton, Stewart. It was then Ordered on the motion of Alderman Thomson, seconded by Alderman Smeaton that the Report of the City Manager be received and tabled until the receipt of the Survey'presehtly being conducted by Sego International Ltd. with respect to efficiency of City Hall operations. This motion was Carried ~ith the following rot e: A~e: Aldermen Crowe, Fera, Harrigan, Orr, Sineaton, Thomson, Wallace. Naye: Aldermen Mann, Puttick, Schisler, Stewart. No. 431 - City Manager - 1975/76 L.I.P. Projects. Submitting three projects for Council's consideration: l) Updating of City Sewer and Watermain maps; 2) Improvements to City Cemeteries; ~) Production of a Policy and Procedure Manual and Brochure about the City of Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the Report be tabled for further information for one week. No. 432 - City Manager - Former Queensway Motel, Corner of Dorchester Road and Royal Manor Drive. Advising that the owner of the property, Mr. Mikulcic,proposes to demolish the existing Motel building on the subject property, and will construct two new apartment buildings, and he is hopeful that the new proposal will be accep- table to both the' municipality and the residents of this area. ORDERED on the motion of Alderman Sineaton, seconded by Alderman Stewart that the Report be received a~d .fi~_ed ~ud information noted. No. 433 - C$-~ Manager - Greater Niagara Safety Council request to limit height of . - shrubbery and fences located on corner lots. Advising that the only method of combatring the sit~ua~ion appears to be through the provisions of Section ~51 of The Municipal Act. Recommending that the Safety Council be asked to provide a list of those locations which constitute hazardous situations and the owners of the offending properties can then be asked by the City to co-operate in undertaking remedial measures. If no remedial action is taken, a further report can be presen- ted rec,'-,,,..ending that the City proceed to act in accordance with Section 451 of The Municipal Act. ORDERED on the motion of Alderman Thomson, seconded by Alderman Sineaton that the Rep~rt be received and rec~maendations adopted. No. 4~4 - City Manager - Presentation of Finance Report, Niagara Promotion Associa- tion. It was indicated that the Chartered Accounting Firm which had prepared the statement of receipts and disbursements had indicated that they had not performed an audit. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler that the Report be received and tabled for two weeks. The City Manager, Mr. S. R. Price, indicated he would arrange to have the Auditor · present at. the Council Meeting when the mattear will be further considered. -6- No. 435 - City Manager - Remuneration to Members of the Committee of Adjustment. Recommending that the remuneration paid to members of the Niagara Falls Comm~ tree of Adjustment be increased to $30.00 per sitting for the Chairman and $25.00 per sitting for each member. Some discussion ensued in respect to: l) Increase in payment for members of the Planning & Development Committee,and 2) consideration of remuneration for members on the Recreation Con~ ssion. (Alderman Mmm was not present for the vote on the following motion) O~DERED on the motion of Alderman Thomson, seconded by Alderman Sineaton that the Report be received and recommendation adopted, and appropriate by-law be prepared con- firming Council 's Action; This motion Carried with the following vote: Aye: Aldermen Fera, Harrigan, Orr, Smeaton, Thomson, Wallace. Naye: Aldermen Crows, Puttick, Schisler, Stewart No. 436 - City Manager - 1975 Capital Expenditure Quota. Advising that the City's original request for a $3,690,000. quota has now been reinstated and that all projects intended for 1975 may now be carried out. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace that the Report be received and filed. No. 437 - City Manager - Recon~nending that Council authorize the sale of Lot 38 to Metros Food ProduCts Limited at a purchase price of $9,310.00, and the necesssry by-law tohauthorize the sale be approved. ORDER on the motion of Alderman Schisler, seconded by Alderman Thc~son that the Report be received. and recGnmendations adopted. SEE By-law 75-164 No. 438 - City Manager - Report on data relating to acquisition, servicing, sales, etc. re: Falls Industrial Park, as of July 31st, 1975. Attaching a summary of all companies who have purchased or reserved land in the 140 acre park, the status of building projects and the amount of acreage involved in each case. Reccemending that the sale price for lots in the Falls Industrial Park be increased to $11,000. per acre for the unsold lands, effective December 1st, 1975. Some discussion took place concerning the reserve option Policy,including the amount of the deposit fee and the term. It was suggested that a review be made in respect to the City's policy. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe that the Report be received and adopted. No. 439 -M~or"~eo~ge Bukator - Proposal c~ll _ three comersial lots in Industrial Subdivision, corner of Stanley Av,._ & Murie St.. Recommending that Council approve the sale of Con~nercial Lots 8, 55 and 56 to Strev Construction Co. Ltd.~ for the price of $21,000., subject to the terms of the proposal call dated June, 1975, and further, subject to proposals as outlined by Strev Construction Co. Ltd. in their submission. No. ~O - 'Mentor ~eorge Bukator - Railway Relosation Feasibility Study. Advising of announcement by the Minister of Transportation and Cc~munications, Mr. John Rhodes, that Niagara Falls is one of the four municipalities selected for a Railway. Relocation Feasibility Study. ORDERED on the motion of Alderman Sineaton, seconded by Alderman Thcmson that the Report be received and filed. No. 441 - City Manager - Reporti~g-'on the cost of Weed Control and method of billing land owners in the City of Niagara Falls. Reccmunending that the present system be continued as outlined in the report. OtU)E~ED on the motion of Alderman Puttick, seconded by Alderman Crowe that the Report be received, filed, and the present system of Weed control and billing he continued. No. 442 - City Manager - Recommending that the present water restrictions be lifted on September 5th, 1975 provided that the weather forecast remains normal for this time of the year. ORDERED on the motidn of Alderman Thomson, seconded by Alderman Stewart that the Report be received, filed and the restrictions be lifted immediately, ' During discussion of the above report it.was suggested that the Region be contacted to determine the status of the Regional watermain project which ~hen ComPleted, ~ill be 'Of asststa~.e-i~ eliminating, ~he/~¥a~e~ ,s~er~obtens e~per,i~ce~ in~.the City during the s,,_,.~__er months. "' ' . .. , . -7- No. 44B - City Manager - Dorchester Gardens Subdivision. Advising that the subdivider's agreement authorized by By-law 74-248 passed by Council on November 25, 1974 included the first mortgagee, Wolfe Goldberg, and the second mortgagee, Central Bargain House Limited, as parties for the purpose of postpofiifig their mort- gages in favour of the subdivision agreement, but that on November 25th the subdiv- ider stated that the Goldberg mortgage was b&ing paid off and Mr. Goldberg was deleted as a party to the agreement. Advising that the solicitors for the subdiv- ider now advise that their client does not wish to pay off the Goldberg mortgage and they have requested the City to agree to accept an amending agreement under which Mr. Goldberg will postpone Ms mortgage in favour of the City's subdivision agreement as initially proposed. Recommending that the request be granted and the amending agreement be executed by the City. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the Report be received and rec~mnendation adopted. SEE By-law No. 75-165 No. 444 - City Solicitor - Drafts Zoning By-law. Requesting Council's approval of giving priority to the revision of the text of the draft zoning by-law, and that 2 or 3 half days each week be devoted to this work at a location other than his office at City Hall. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows that the Repor.~ be received and adopted and Council' s approval be granted for the method of pro- seeding with this work in the msriner suggested. No. 445 - Planning Director - Recommending that Mr. Ivan Hunt, member of the Planning and Development Comnittee,be authorized to attend the Housing Conference in Thunder Bay from September ~1 to 23. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the Report be received and adopted. No. 446 - Planning Director - Gauld Neighbourhood Plan. Advising that the Planning and Development Comnlttee have recommended' to Council that the Gauld Neighbourhood Plan as prepared by the Planning Department be adopted as a guide for future de- development in the Gauld Neighbourhood area. ORDERED on the motion of Alderman H~rrigan, seconded by Alderman Smeaton that the Report be received and ~ecomm, mdation adopted. No. 447 - City Manager - Contract G.C. 30-75, Sewermain, Watermain and Base Road construction for Solar Subdivision. Recommending that the unit prices submitted by M.J.Storm Lim~ted for this contract be accepted in the amount of $460,959.16 and the by-law authorizing the execution of the agreement be enacted. ORDERED on the motion of Alderman Themson, seconded by Alderman Stewart that the Report be received and recc~mendations. adopted. SEE Resolution No. 96 SEE By-law No. 75-170 No. 448 -.City Manager - Snow Fence, Posts and Ties. Recommending that the lowest bid for snow fence in the amount of $~,361.25 submitted by Fawcett Metal Products be accepted and that the lowest bids for the posts and ties in the total amount of $3,125.00 submitted by Steel Company of Canada be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart that the Report be received and recommendations adopted. SEE Resolution No. No. 449 - City Manager - Retention of a Consulting Engineering Firm to provide resident inspection services for Solar Subdivision. Recommending that DeLeuw Cather Ltd. be retained to provide the resident inspection services for Solar Subdivision, and that the By-law to authorize the execution of the Engineering Agree- ment with DeLeuw Cather Limited, and the execution of an amending subdivision agree- ment to include the retention of consulting services in this subdivision at the subdivider's cost, be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart that the Report be received and reccamendations adopted. SEE By-law No. 75-166 -8- No. 450 - City Manager - Retention of a Consulting Engineering Firm to provide resident inspection services for Mount Forest Subdivision. Recommending that the Consulting E~gineering firm of Kerry T. Howe Limited be retained, and that the by-law to authorize the execution of the agreement with Kerry T. Howe L~m~ted, and the execution of an amending subdivision agreement to include the retention of consulting services for resident inspection in this subdivision at the subdivider's cost, be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart that the Report be received and rec~mnend~tions adopted? SEE By-law No. 75-167 No. 451 - City Manager - Construction By-law 73-212 for the construction of a 12" diame- ter watermain on the Q.E.Ws~ east service Road from McLeod Road to Montrose Road. Rec~nmending that By-law 73-212 be amended to increase the debenture mount from $65,000 to $75,000; and that the $10,O00 increase be provided for in the 1975 Capital Budget quot a. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that the Report be received and recommendations adopted. SEE By-law No. 75-160 No. 452 - City Manager - Recommending that a By-law to authorize the execution of a pipe crossing agreement with Canadian National Railway covering the 84' diameter storm sewer on Stanley Avenue be approved. ORDERED on the motion of Alderran Thomson, seconded by Alderman Stewart that the Report be received ~nd recc~mendation adopted. SEE By-law No. 75-168 No. 453 - City Manager - Pettit Avenue Pedestrian crossing of C.N. Stamford Subdivision Line. Recommend~ that the Region be requested to expedite an application for a Morrison Street crossing of the C.N.Stamford Subdivision line so that an improved cross- ing is available for the pedestrians on Pettit Avenue. CEDEBED on the motion of Alderman Thomson, seconded by Alderman Stewart that the Report be received and recommendation adopted, and in addition that the possibility of having a crossing guard located at this crossing as soon as possible, be investigated. No. 454 - City Manager - Main Street Parking Lot. Recommending that the City Manager be authorized to take all necessary steps to acquire D~Sperty owned by L & M Applicances Limited, at a cost not to exceed its app~alsed value, on the condition that the objec- tion to the by-law be withdrawn and the ex~penditure cha~g~d to the parking meter fund. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart that the Report be received and adopted, subject to ~1 objections being resolved and subject to the approval of the ~by-law by the Ontario Municipal Board. No. 455 - City Manager - Guide Signing Policy. Recommending that a draft policy prepared be referred to the Boards of Management for the Downtown and South-end Business districts for their conmaents and recommendations. ORDERED on the motion of Alderman Wallace, seconded by Alderman Smeaton that the Report be received and the draft policy be referred to the Boards of Management for the Downtown and South-end Business districts for their comments and recc~mendations, and that the matter be placed back on the Council Agenda for the meeting of September 29th; and further, that a report of staff be available for that meeting outlining the decision of staff with regard to the letter of Mr. Carrel of Rosbergs relative to downtown signing. No. 456 - City Manager - Storage Building at Fairyfew Cemetery. Recommending that the quotation of General Concrete L~m~ted be accepted for the supply and erection of floor and roof slabs, and that the City Manager be authorized to purchase the necessary con- crete blocks from General Concrete Limited; and that the City Manager be authorized to engage the necessary sub-trades to complete this building. ' ORDERED on the motion of Alderman Sineaton, seconded by Alderman Stewart that the Report be received and adopted. SEE Resolution No. 98 No. ~57 - City Manager - Swimming Pool Fencing By-law Progress Report. 0RDEE on the motion of Alderman Crowe, seconded by Alderman Fera that the Report be received and filed. ' ' - -9- No. 458 - City Manager - Building & Development Department, Furnishings ~nd Screen- ings. Requesting permission to proceed with the purchase of the necessary furn- ishings and screening having a cost not to exceed $9,909.00. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the Report be received and request granted. No. 459 - City Manager - Lot 32, Falls Industrial Park. Reconmending that the $1,000 deposit be returned to Mr. M~rio Iafrate. ORDERED on the motion of Alderman Themson, seconded by Alderman Crowe that the Report be received and reconmendation adopted. No. 460 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler that the Report be received, adopted, and licences be granted. No. 461 - City Manager - Recommending payment of accounts. ORDERED on the motion of Aldernan Crowe, seconded by Alderman Puttick that the Report be received and adopted. RESOLUTIONS No. 95 - THOMSON - S~ATON - RESOLVED that the total Contract W.I. 26-75, 1975 Operating Budget Waterm~in Installations be awarded to Kerrio Limited at the tendered price of ~08,TQ4,QO;AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 96 - THOMSON - STEWART - RESOLVED that Contract G.C. 30-75, Sewermain, Water- main and Base Road construction for Solar Subdivision be awarded to M. J. Storm Limited in the amount of $460,959.16; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 97 - THOMSON - STEWART - RESOLVED that Fawcett Metal Products be awarded the quotation for snow fence, posts and ties in the amount of $4,361.25; And that 'Steel Cempany~of Canada be a~a~ded %~e'~Uo~ation for posts and ties at $3,125.00; AND the Seal of the ICorporation be hereto affixed. Carried Unanimously No. 98 - S~ATON - STEWART - RESOLVED that the quotation of General Concrete Limited be accepted for the supply and erection of floor and roof slabs for the storage building at Fairview Cemetery at the price of $9,885.00, with the supply of blocks estimated at $3,200.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart that leave be granted to introduce the following by-laws and the by-laws be given a first reading: No. 75-160. A By-law to amend By-law 7~-212 to authorize the construction of a w~termain on the East Service Road of the Queen Elizabeth Way. No. 75-161. A By-law to amend By-law 3790. (Parking restrictions on Brookfield Avenue, Mechanic Street, Keller Street and Gladstone Avenue) No. 75-162. A By-law to amend By-law 73-16~ (To prohibit heavy traffic on Churches Lane No. 75-163. No. 75-164. A By-law to ~mend By-law 7531. (To provide for stop signs at certain intersections - Piva Ave., St. Peter Ave., St. George Ave., Ulster Ave., Warden Ave., Centre Street, Nancy Drive.) A By-law to authorize the sale of land in the Falls Industrial Park. (Sale of Lot 38 to Metroe Food Products Limited.) No. 75-165. 'No. 75-166. - lO - No. 75-167. No. 75-168. ~ No. 75-169. ~o. 75-170. No. 75-171. No. 75-172. A By-law to authorize the execution of art Agreement respecting Dorchester Gardens Subdivision (Wolfe Goldberg) A By-law to authorize the execution of agreements respecting the Solar Subdivision. (Agreement with DeLeuwCather and Amended subdivision agreement between Namgood Construction Ltd. and the Corporation) A By-law to authorize the execution of Agreements respecting the Mount Forest Subdivision. (Agreement with Kerry T. Howe Ltd. and Amended Sub- division agreement with Taro Properties Inc. and the Corporation) A By-law to authorize the execution of a pipe crossing agreement with Canadian NationalRailway A By-law to authorize the execution of an Agreement with Kerrio Ltd. for the construction of watermains. A Byelaw to authorize the execution of an Agreement with M. J. Storm for the construction of sewermains and watermains and base roads. A By-law to authorize the extermination of Ground Hogs. A By-law to provide monies for generalpurposes. · Carried Unanimously ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart that the by-laws be now read a second and third time: No. 75-160., ~o. 75-161. No. 75-162. No. 75-163. No. 75-164. No. 75-165j No. 75-166. ~o. 75-167. No. 75-168. No. 75-169. No. 75-170. No. 75-171. No. 75-172. A.By-law to amend By-law 7S-212 to authorize the construction 6f a water- main on the East Service Road of the Queen Elizabeth Way. A By-law to amend By-law 3790. (Parking restrictions on Brookfield Avenue, Mechanic Street, Keller Street and Gladstone Avenue) .A By-law to amend By-law 73-163. (To prohibit heavy traffic on Church's Lm~e) 'A By-law to amend By-law 7531. (To provide for stop signs at certain inter- sections - Piva Ave., St. Peter Ave., St. George Ave., Ulster Ave., Warden Ave., Centre Street, Nancy Drive) A By-law to authorize the sale of land in the Falls Industrial Park. (Sale of Lot.38 to.Metros Food Products Limited) A By-law to authorize the execution of anAgreement respecting Dorchester Gardens Subdivision (Wolfe Goldberg) A By-law to authorize the execution of Agreements respecting the Solar Sub- division. (Agreement with DeLeuw Cather and Amended Subdivision Agreement between Namgood Construction Ltd. and the Corporation) A By-law to authorize the execution of Agreements respecting the Mount Forest Subdivision. (Agreement with Kerry T. Howe Ltd. and Amended sub- division agreement with Taro Properties Inc. and the Corpora~ion) A By-law to authorize the execution of a pipe crossing agreement with Canadian National Railway. A By-law to authorize the execution of an Agreement with Kerrio Ltd. for the construction of w~termains. ' A By-law to authorize the execution of an Agreement with M. J. Storm for the construction of sewermaim and watermains and base roads~ A By-law to authorize the extermination of Gronnd Hogs~ A B~-law to provide monies for general purposes. Carried Unanimous~ - ll - NEW BUSINESS AIRLINE TICKETS - MEDICALS Alderman Puttick requested that the purchase of airline ticke~s to Germany, etc. be equally distributed by City Officials among all the local travel agencies. Alderman Crowe questioned whether staff medicals might also be performed by ~Y of the local doctors rather than by one particular professional office. REPOR~ - MUNICIPAL REFUSE PICK-UP Alderman Smeaton referred to a previous request he had made for a report from staff outlining a detailed breakdown of the pros and cons of having m~micipal refu~e pick-up handled by an outside contractor. The City Manager advised that a report on the matter would be on the Council Agenda for the September 8th meeting. GRAASKAMP PROPERTY - QUEEN STREET It was Ordered on the motion ofAlderman Puttick, seconded by Alderman Smeaton that Council ask the City Manager to investigate complaints of rodents and cars being repaired on the Grsaskamp property on Queen Street, as to whether they are valid, and if they are,or not, to report back to Council within one week. RE-CONDITIONED SCALE FOR LANDFILL SITE AREA Alderman Puttick requested that the Works Engineer prepare a report on the matter of a re-conditioned scale for use at the City Landfill Site. The scale to be re-conditioned by Mr. Washington and offered to the City at a price under $10,000. Mr. Van Dears stated that before a report is prepared it would be advisable to investigate other prices, including the price of constructing the necessary pit. REPAIRS TO RESIDENCE AT 46~5 SIXTH AVEN~E UNDER THE N.I.P. PROGRAM Alderman Puttick gave a c~nplete report in respect to repairs carried out to the home of Mrs. A. Mclnnis at 4655 Sixth Avenue under the Neighbourhood Improvement Program. The Alderman gave a detailed breakdown of the cost of the repairs and a description of the work performed, in the bathroom, basement landing, front porch and other areas in the home, as well as the roofing work carried out. The Alder- man stated that the work had been done by an outside contractor at a total price of $6,369.00, and from his appraisal of the repairs he concluded that the job was a complete "rip-off". He suggested that in future any reports concerning contracts under the N.I.P. Program should list all labour and materials in detail. It Was Ordered on the motion of Alderman Puttick, seconded by Alderman Wallace that the City Manager be authorized to check into this contract, and that Members of Council be invited to inspect the work. The City Manager stated that he had not received one complaint in his office about any of the home improvement projects to date. He stated he would like a report on this matter from the Building Inspector. Alderman Puttick further stated that this homeowner had not been aware that she could do her own sub-contracting of the work. ADJOURN It was Ordered on the motion of Alderman Smeaton, seconded by Alderman Stewart that the meeting adjourn. Mayor TWENTY-SEVENTHF~ETING Committee Room~l - September 15, 1975. Council met in Committee of the Whole at 7:15 p.m. on Monday, September 15, 1975. All Members of Council were present with the exception of Alderman Smeaton. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. . ~ ~"&- ·. ~D ANDSOPTED, MAYOR Council Chambers September 15, 1975 Council met on Monday, September 15, 1975 at 7:30 p.m. for the purpose of considering general business. All Members were present with the exception of Alderman Smeaton. His Worship, Mayor Bukator presided as Chairman. Alderman Fern offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the minutes of the meeting of September 2, 1975, be adopted as printed. DEPUTATIONS NIAGARA PROMOTION ASSOCIATION FINANCIAL REPORT - Report No. 434 Mr. T. Zafeeris, President of the Niagara Promotion Association was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Fern. Mr. Zafeeris advised that he and the Association's auditors, Crawford, Smith & Swallow were in attendance to try to adjust a problem with the financial report. Although financial statements were always submitted to Council, due to the growth of the Associatio~ the inexperience of the book- keeping was out of the ordinary. The auditors have given ins tructions on proper methods of keeping financial records, and these are being followed. Mr. J. Smith of Crawford, Smith & Swallow advised that an audited statement could not be prepared unless there is proper internal control, such as numbered receipts, minutes of meetings, records of income and disbursements. Steps have now been taken by the Association to ensure that proper bookkeeping records are kept to enable audited financial statements in the future. Alderman Wallace asked if an audited financial statement would be possible · for the year 1976, if the recommendations of Crawford, Smith & Swallow are followed by the Association. Mr. Smith assured COuncil there would be no problem as long as the recommendations are followed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that the report be received and filed, and that any further monies due to the Association be released by the City Treasurer. PRESENTATION OF BRIEF - GREATER NIAGARA SENIOR CITIZEN'S ASSOCIATION tom. No. 9 - Greater Niagara Senior Citizen's Association - Re: Updating of Plans for the Construction of the Senior Citizen's Recreation Centre at the Bucklay Avenue Complex. The brief requests that Council give consideration to updatlng plans for a Senior Citizens Centre in conjunction with the Bucklay Avenue Complex. Mr. C. Holder, Executive Secretary of the Association advised that he would be pleased to provide information on the brief if required by Council. Alderman Wallace asked if the Senior Citizen's Centre was to be included in the first stage of the Buckley Avenue project. The City Manager advised that the centre was to be included in the second stage, but that $100,000 had been provided in the 1975 Capital budget to comence property acquisition, engineerin8 and architectural design. The Alderman also asked if the City had acquired sufficient lands for the recreation centre, or if additional lands were requirei The City Manager replied that no lands have been acquired to his knowledge, and the acquisition to date had been for Phase 1 of the project. The Alderman was of the opinion that O.H.C. should be approached immediately, along with a copy of the brief to be forwarded. It was felt that if O.H.C. was aware of the Senior Citizen's Association's intention to raise $200,000 for the project, it could influence their thinking on the project. The Planning Director advised that O.H.C. has been kept informed of the tot scheme that has been proposed. It was further advised that O.H.C. has been approached to ask for a contribution, but it was felt that the request was some~, premature, and should be delayed until construction has started on the first units, and plans are prepared. Alderman Wad.lace disagreed on this point, and felt that if Council waited until the housing units were under construction, the persons occupying the units when completed would have no recreation facilities. It was also felt that the sooner the land was purchased, the lower the cost of acquiring the land would be. The Planning Director pointed out that each of the buildings for senior citizens would have their own recreation facilities. Alderman Crowe felt that the desire of the Association was to get on with the project so that they would be able to con.hence their fund campaign, and pointed out that the recreation centre would be for the senior citizens in general of the City. Report No. 467 - His Worship, Mayor Bukator - Re: Senior Citizen's Association Brief. The report contains the following recommendation from the Mayor's ~ommittee on Housing: "That the Mayor's Con~ittee on Housing recommend to Council that the Niagara Falls Senior Citizen's Association Brief for a Recreati. Centre, be approved, and that the Niagara Falls Senior Citizen's Association be authorized to recommend an Architect for the preparation of a preliminary plan". ORDERED on the motion of Alderman Wailace, seconded by Alderman Crowe, that the report be received and the recommendation of the Mayor's Committee on Rousing be adopted, and further that the City retain the firm of D.N. Chapman Associates as architect to prepare preliminary plans and specifics tions for a Senior Citizen's Recreation Centre in conjunction with the present Buckley Avenue project, including recommendations on the site for the project. It was further moved that staff prepare a report regarding the project, and reco~mmndations on land acquisition. FLOODING CONDITIONS IN.DELLAVENUE AND AIIANTHUS AVENUE HOUSING AUTHORITY UNITS Mrs. Parkbill was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Stewart. Mrs. Parkbill advised that following her appeanance at Council on September 2, 1975, no? action had been taken, and she had not been contacted further ~egarding her complaints. She had contacted a lawyer, and was told that "They!re going to try and put you out of your home". Mrs. Parkhill felt that since she had been paying rent for ten years, the repairs should be made. Alderman Puttick asked if either O.H.C. 'or the Niagara Falls Housing Authority had been contacted regarding Mrs. Parkhill's problems. The City Clerk advised that staff was waiting for information from various sources before a report could be given, but indicated that he had not written to either of these authorities, Alderman Crowe pointed out that although Council was in sympathy with Mrs. Parkhill*s problem, the City had no Jurisdiction over the O.H.C, units. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fare, that a report be submitted at the September 2~nd meeting outlining the problems involved in Mrs. Parkhf11's complaint, and reao~mnendations made by the Niagara Falls Housing Authority on steps to correct the situation. , UNFINISHED BUSINESS DISP~AL OF FORF~R FALLS VIEW FIRE MALL Report No. 468 - City Manager - The report recommends that the Planning and Havelopment Committee be requested to study the matter of zoning for this property, and provide recommendations to Council regarding zoning desiRnation of the property. ORDERED on the motion of Alderman .HarriSan, seconded by Alderman err, that the report be received and adopted. CIVIC AFFAIRS COF~KTTEE - WAGE STUDY Comm. No. 93 -Chsmber of Commerce - The comnunication advises that the ChamberL - 3- feels nothing further would be achieved by discussing the subject at a Council meeting, and did not intend to appear before Council. In that the City presently has an efficiency study underway, it was advised that the merebets of the Civic Affairs Committee look forward to the findings of this study. Alderman Thomson questioned whether Council should let this matter drop and the Chamber back out. There were conments and statements made that made Council look poor. Council has always been informed through Management, that wages and salaries were in line with other municipalities. The Alderman indicated that he would like to know the source of the figures, and felt it unfair to simply let the matter drop. Alderman Puttick concurred with Alderman Thomson's comments, and ~elt tha't the group~ from the City that have protested the study should be ,given an oppbr~unity-to discdss the matter. Alderman Fera was of the opinion that if the Chamber was going to make this type of statement, they should appear before Council and defend their statements. Aldermen Crows and Harrigan commented on the fact that once pressure was brought upon the Chamber, they immediately withdrew from the matter. Alderman Mann felt that the study was unfair in that it referred only to the union staff at City Hall, and not the management. The Alderman felt that the bargaining rights of a union are free and democratic rights to whieh everyone is entitled. Alderman Wallace felt that since the Chamber initiated the matter, they should be able to withdraw the matter. It was further indicated that since the City presently has a study being undertaken, many of the questions initially raised by the Chamber will be answered upon completion. It was moved by Alderman Puttick, seconded by Alderman Fern, that the communication from the Chamber of Cormnerce be tabled, and that letters be sent to the Civic Affairs Committee and the Union advising of Council's intention to discuss the matter further. The motion was Defeated with the following tie vote: AYE: Aldermen Fern, 0rr, Puttick, Schisler, Stewart and Thomson. MAIE: Aldermen Crowe, Harrigan, Mann, Michael, Wallace and Mayor Bukator. It was then moved by Alderman Mann, seconded by Alderman Stewart, that the communication be received and filed. The motion Carried with the following vote: ~YE: Aldermen Harrigan, Mann, Michael, Schisler, Stewart and Wallace. .NAYE: Alderman Crowe, Fern, Orr, Puttick and Thomson. COMMUNICATIONS No. 94 - Bell Canada - Re: Bell Canada Application for Approval of Certain Rate Revis ions. The communication'advises of Bell Canada'a application to the Canadian Transport Commission for rate revisions. Alderman Fern expressed concern over Bell's proposed rate increases in view of the fact that their service to the consumer will decrease if the new rates are not approved. Alderman Thomson ashed if the usual letter from the O.M.A. regarding objection to the C.T.C. would be forthcoming. The City Clerk advised that the O.M.A. will not oppose the rate increases this year. ORDERED on the motion of Alderman Schisler, seconded by Alderman Michael~ that the communication be received and filed. REPORTS No. 469 - City Clerk -. Re: Report of the Council Committee Session. 1. Report No. 427 - Sale of Former Falls View Fire Hall - The report outlined three offers received for the purchase of property located on the southeast corner of Dunn Street and Allanthus Avenue. Considerable discussion took place regarding the market value of the property as contained in an Opinion of Value. Recommendation: That the City retain the property until a future date. 2. Report No. 462 - Carbsge Collection - A detailed report was submitted outlining the present City garbage collection service, service provided by other municipalities end the ramifications of contracting out the garbage collection service. Recommendation: That the report be received and the recommendation that garbage collection as presently performed by the City be continued and further that the -4- present by-laws be consolidated and amended to include the actual services presently being rendered. 3. Report No. 464 - 1975-76 L.I.P. Projects - A report was submitted and considered suggesting that three projects, namely: 1) Updating of storm sewer and water main maps; 2) Improvement of City cemeteries; and 3) Policy and Procedure Manual and brochure; be used for the purposes of applying for 1975-76 L.I.P. progrsm. Considerable discussion took place regarding the advisability of these projects. Recommendation: That the recommendations regarding the three projects be adopted with the addition of other items such as fencing of parks, development of recreational facilities, cleaning and clearing of roadsides. -5- peak season. Mrs. Bosco, representing the farmers, pointed out that during the winter season, most of the 15 farmers sell from two stalls. Mr. E. Shetar was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Orr. Mr. Sherat stated that although Council was aware of what the farmers wanted, there was no customer input. He felt that if the farmers were aware of their customers' preferences, making a decision on the roof could be simpler. Alderman Harrigan felt that from the standpoint of a potential customer buying produce, he would prefer to go to the Park Street market during poor weather, where there is a roof. He pointed out that this market was not being developed just for the farmers, but for the residents of the City. 4. Report No. 465 - 1974 Glenview N.I.P. Storm Sewer Project - A report was submitted suggesting that engineering proposals be obtained from three consultan: to provide engineering and resident inspection services for the 1974 Glenview N.I.P. storm sewer program. Recommendsrich: That the Director of Municipal Works be authorized to request engineering proposals from consultants to provide engineering and resident inspection services for the 1974 Glenview N.I.P. storm sewer project. 5. Report No. 466 - Property of John Graaskamp - 4767 Queen Street - A report was considered regarding the results of inspections made on various occasions to the property known as 4767 Queen Street. Recommendation: That the City Council, subject to the City Solicitor's opinion, order the property known as 4767 Queen Street be cleaned and cleared in accordance with By-law 6318. 6. Police Dept. Report re Night of August 26, 1975 - Aldermen Fera requested a full report from the Police authorities on an incident which took place on August 26, 1975 in the Kitchener Street area. He also suggested that an answer be received to an earlier request directed to the Police Commission regarding t~ n,,mher of Police personnel situated in the City of Niagara Falls. Recommendsti0 That a letter be sent to the Regional Board of Police Commissioners asking for an explanation of the events which took place on August 26. .7. Condition of Lyons Creek - A discussion was held regarding the noxious con- dition of Lyons Creek. Mayor Bukator outlined the remedial steps which had been taken to pump clear water from the Welland Canal into the headwaters of Lyons Creek. Reconmendatton: That the letter be referred to the City Manager for a full report outlining what can be done to have the creek cleaned up. 8. Branch 51 - Valley Way - Alderman Puttick outlined the excellent work done by Police officers in respect to the vandalism which occurred recently at Branch 51 of the Canadian Legion on Valley Way. Recommendation: That a letter of commendation be sent to Chief Albert Sherman and that coptes~of the letter be sent to Supt. Wilson and the Secretary of the Board of Co~autssioners of Police .relative to the work carried out'in respect to the vandalism which occurred at Branch 51, Canadian Legion. ORDERED on the motion of Alderman Mann, seconded by Alderman Narrigan, that the' report of the Council Cmmmittee be received and Council ratify the recouanendati~ -The motion Carried with Aidermen Mann.and Wallace indicating their opposition t0 R~port No. 427. No. 470 - City ManagQr - Sylvia Place Market. The report advises that Mr. R. Hdl .of Creative Design will present the plans prepared for the Sylvia Place market, and requests that if the plans are to Council's sails faction, that permission be granted to finalire plans and/Specifications and for the calling of tenders. Mr. R. Hunt was granted permission to address Council on the motion of Alderman Wallace, seconded'by Alderman Harrigan. Mr. Hunt described in detail the design of the proposed Sylvia Place Market, and referred to plans posted in the Council Chambers. He advised that during meetings with the farmers, they had indicated objection to 'the roof-covered walkway. The farmers feel that with the walkway, they will be forced to sell from one aisle rather than twos and preferred the open nmrket. It was also felt that the farmers sellins from the stalls under the roof would have more business. The Building & Development Co-Ordinator pointed out that the majority of the farmers were against the roof because of the problem of who sells under the roof and who doesnnt. In reply to a question raised by Alderman HarriSan,' the Buildins &Development Co-Ordinator advised that the number of farmers usin8,] the marke~ fluctuated during the year from 15 in the off-season to 40 in the L Alderman Puttick stated that he felt the wishes of the farmers should be taken into consideration, and the market should be constructed without the roof. It was moved by Aldermsn Puttick, seconded by Alderman Schisler, that the market building be constructed without the roof east and west of the centre block. The motion was Defeated with the following vote: AYE: Aldermen Crows, Puttick, Schisler, Stewart and Thomson. NAYE: Aldermen Fera, HarriSart, Mann, Michael, Orr and Wallace. It was then moved by Alderman Fera, seconded by Alderman Crowe, that the report be tabled for further information. The motion Carried with the foliowing vote: AYE: Aldermen Crowe, Fera, Mann, Puttick, Orr, Schisler, Stewart and Wallace. NAYE: Aldermen HarriSart, Michael and Thomson. No. 471 - City Manager - Re: 4655 Sixth Avenue - O.H.R.P. Application. The report outlines the history of this application and advises that the contract has not been completed nor has the final payment been made. Mrs. McInnis was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Orr. Mrs. McInnis explained the 'problems she had experienced in arranging for a contractor to carry out the required work on her home, her dealings with City officials, and the contractor eventually hired to perform the work under the O.H.R.P. Program. She provided information in response to questions raised by Aldermen Crows and Orr. The Building & Development Co-Ordinator, Renewal Co-Ordirmtor and By-law Enforcement Officer provided clarification on a number of points raised by mambers of Council. It was stressed that the work being carried out by the contractor was not complete, and no final inspection had been made. It was pointed out that there are certain channels through which complaints of this nature can be handled and assistance with problems given. Alderman Puttick expressed concern over the prices quoted by contractors, and the quality of the work performed. Alderman Michael suggested that Mrs. McInnis did not have to sign the final progress payment cheque unless she was satisfied with the work performed. Aldermen Mann and Wallace were of the opinion that since the job was not complete, no action could be taken until a final inspection had been made° Following considerable discussion on the matter, it was moved by Alderman Mann, seconded by Aldermen Puttick, that the Building & Development Co-Ordinator be directed to inspect the residence at 4665 Sixth Avenue, and submit a report to Council providing information on the quality of the work performed to date, recommendations to'improve the quality of the work if re- quired, and the nature of the work which remains to be done. The motion Carried unanimously. Alderman Wallace was absent when the vote was taken. No. 472 - City Manager - Re: General Program - O.H.R.P. and R.R.A.P. The report provides detail on the loan programs. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the report be received and filed. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 473 - City Manager - Re: Contract A.P. 35-75, Asphalt Paving at the City Service Centre. The report recommends that Northland Bitulithic Ltd. be awarded the contract for asphalt paving at the Service Centre. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera s that the report be received and adopted. See Resolution No. 99 NOTE: Alderman Crows was absent when the vote See By-law No. 75-175 was taken on this matter. - 6- No. 474 -City Manager - Contract B.C. 31-75, Robinson Street Bridge Reconstruc- tion. The report recon~ends that the unit prices submitted by Moir Construction be accepted, that the necessary by-law be approved, and that the over-run amount of $70,000 over the O.M.B. net debenture amount of $160,000 be provided in the 1976 Road Works Operating Budget. AldermanWallace suggested that the recommendation be amended so that the over-run of $70,000 be covered in the 1975 or 1976 operating budgets, or both. ORDERED on the motion of Alderman Mann, seconded by Alderman Puttick, that the report as ~mended, be received and adopted. See Resolution No.100 NOTE: Alderman Crowe was absent when the vote See By-law No. 75-17~ was taken on this matter. See By-law No. 75-177 No. 475 - City Manager - Re: Contract G.C. 32-75, Construction of Sewers, Watermains and Base Roads in Mount Forest Subdivision. The report recommends that the unit prices submitted by Fernview Construction Ltd. be accepted, and that the necessary by-law be approved. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. See Resolution No.101 NOTE: Alderman Crows was absent when the vote See By-law No. 75-175 was taken on this matter. No. 476 - City Manager - Re: Sale of Used Equipment. The report reconmends that surplus equipment be sold by auction in October, 1975. ORD~RED on the motion of Alderman Mann, seconded by Alderman Orr, that the report be received and adopted. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 477 - City Manager - Re: Purchase of New Equipment. The report reconmends the purchase of new ~quipment from the allocated funds in the 1975 Budget. ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Crowe was absent when the vote was taken on this matter. No. 478 - City Manager - Re: Proposed Bambi Estates Subdivision. The Xeport recommends preliminary approval subject to three conditions. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the r~port be received and adopted. See Resolution No. 1Ol NOTE: Alderman Crows was absent when the vote was taken on this matter. ~ No. 479 - City Clerk ~ Re: Resolutions Requesting Endor~atton. 1) City of Brampton - Requesting an extension of truck litantes to April 15th of each year. Recommendation - That the resolution be received and filed. 2) City of Kingston - Proposing mandatory restraint system legislation. Recommendation o That the resolution be received and filed. 3) City of grantford - Requesting that structural renovations to assist handi- capped persons be permitted under the O.H.R.P. and R.R.A.P. programs. Recommendation - That the City of Brantford be notified that the City is of the opinion that the structural repairs outlined in their resolution, can, in fact, be included in the O.H.R.P. and R.R.A.P. applications and the resolution be received and filed. 4) Regional Municipality of Waterloo - Requesting full funding of subsidized by the V.O.N. Recommendation: That the resolution be endorsed. 5)~Cit~ of 'St. Thonms -Requesting Provincial support for the development of peacetime emergency plans. Recommendation: That the resolution be endorsed. 6) Town o~ Newcastle - Suggesting that school boards collect school taxes. Recommendation: That the resolution be received and filed. 7)'City o[ Windsor - Suggesting amendments to the Ontario Human Rights Code. Recc~m~adation: The resolution of the City of Windsor seeks to amend Section 4(9) of the Human Rights Code 'to cover this situation and it is re6~eamended that it be endorsed by Council. 8) City of Burlington - Proposed Senior Citizens Crossing Sign, Recommendation: That the resolution be received and filed. -7- ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and the recommendations adopted. NOTE: Aldermen Crows and Michael were absent when the vote was taken on this matter. No. 480 - His Worship, Mayor Bukator - Re: C.L.A.N. Proposal. The report advises that it is necessary for the C.L.A.N. Group to receive assistance from the Municipality to determine whether the project such as proposed is financially feasible. It was felt that City staff should provide assistance where possible. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Aldermen Crows and Michael were absent when the vote was taken on this matter. No. 481 - City Manager - Re: Transfer of lands Required for the Niagara Falls Pollution Control Plant Expansion. The report recon=aends that the Region be advised that the City is in agreement with the transfer of 5.127 acres of land for the Pollution Control Plant expansion subject to three conditions; that compensation for the transfer of the landbe made in the amount of $15,304.20, plus interest; and that the Region b~'requested to give the City an under- taking that they will, in collaboration with the Minis try of Environment, proceed expeditiously with the Pollution Control Plant expansion such that a tender award for the expansion can be made in early 1976. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with Alderman Wallace voting contrary, and all others in layout. NOTE: Aldermen Crowe and Michael were absent when the vote was taken on this matter. No. 482 - City Manager - Re: Rubbish Collection, Fall Campaign. The report recommends that the fall campaign be advertised and carried out between October 14 and 28th, 1975. ORDERED on the motion of Alderman Schisler, ~seconded by Alderman Stewart, that the report be received and adopted. NOTE: Aldermen Crowe and Michael were absent when the vote was taken on this matter. No. 483 - City Manager - Re: Chippaws Trunk Watermain. The report recommends that the Director of Municipal Works he authorized to advise Regional Niagara that the installation of the necessary valves for City's future use be incorporated in the Region's contract RN 75-12 for construction and that the cost of the work be paid for by the City; and that an amount of $5,200 be provided in the 1976 Operating Budget - Water Supply System for the necessary work. ORDERED on the motion of Alderman Schtsler~ seconded by Alderman atewart, that the report be received and adopted. NOTE: Aldermen Crowe and Michael were absent when the ~ote was taken on this matter. No. 484 - Recreation Commission - Re: Niagara Central Recreation Board. The report requests that Council approve the appointment of Mr. Elmer Batt to the Niagara Central Recreation Board. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received, and the recommendation of the Recreation Commission be adopted, NOTE: Aldermen Crowe and Michael were absent when the vote was taken on this matter. No. 485 -'City Manager - Re: Niagara South Recreation Complex - Phase 2. The report advises that the committee established to consider Phase 2 of the Niagara South Recreation Complex requests Council's approval in principle of a swimming pool for Phase 2 at the Niagara South Recreation Centre. ORDERED on the motion of Alderman Manns seconded by Alderman Thomson, that the report be received and adopted. NOTE: Aldermen Crows and Michael were absent when the vote was taken on this matter. -8- No. 486 - Planning & Development Committee - Re: Park Dedication Policy. The Committee reconm~ends that Council approve, in principle, the Park Dedication Policy, that developers and builders be asked to conmaent on the policy before the November 19th, 1975 meeting of the Planning & Development Committee, and that the policy (following review of the submissions made) be presented to Council for implementation January 1, 1976. ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewart, that the report be received, and the recommendation of the Planning & Development Committee adopted. The motion Carried with Alderman Pera voting contrary, and all others in fayour. NOTE: Aidemen Crows and Michael were absent when the vote was taken on this matter. No. 487 - City Manager - Re: Recreation Park for Allanthus Avenue. The report recommends passing of a by-law authorizing the execution of the licenee agreement between the Region and the City with respect to the proposed Allanthus Avenue Casual Neighbourhood Play Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 75-17i NOTE: Aldermen Crows and Michael were absent when the vote was taken on this matter. No. 488 - City Clerk - Advisory Report - The report submits the following items to Council for advisory purposes only: Bellevilla Yardmen Benefit Fund - The Bellevilla Yardmen were given permission to sell tickets in Niagara Falls in conjunction with a monthly raffle lottery held in the City of Bellevilla. In appreciation, they have sent a cheque from their proceeds for $1,000 and a further $1,000 will be sent to us later this month. It is recommended that the Bellevilla Yardmen be thanked for their generosity; Regional Municipality of Niagara - Inviting members of Council and senior Staff to attend the unveili~ of a connnemorative plaque for the newly constructed Beechwood Road Bridge on September 1S, 1975. It is recommended that the Region be thanked for their invitation and as many members of Council and Staff as possible attend. ORDERED on the motion of Aldernmn Thomson, seconded by Alderman Mann, that the report be received and filed. ' NOTE:..TAldermen Crow~.ind Michael were absent when the vote was taken on this matter. No. 489 - City Manager - Re: Breakdown of Permits issued by Building &Develop~: Department for the month of August, 1975. ORDERED on the motion of Alderman Orr, se.conded by Alderman Mann, that the report be received and filed. NOTE: Aldermen .Crows and Michael were absent when the vote was taken on this matter. No. 490 - City Clerk - Recommending Approval of Municipal Liceaces. ORDERED on the motion of Aideman SehiSlers seconded by Alderman Fera, that the report be received and adopted, and liceaces granted. NOTE: Aldermen Crows and Michael were absent when the vote was taken on this matter. No. 491 - City' Clerk - Re: Application for Refreshment Vehicle Licenee. The report advises of an application received from Mr. Otto I~tz to operate a canteen type vehicle. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that the report be received, and the liceace 8ranted. The motion ~arried with Alderman Schisler voting contrary, and all others in faycur. No. 492 - City Clerk - Re: Application for Refreshment Vehicle LiCenee. The report advises that 8n application has been received from Mr. E..MacDonald to operate a refreshment vehicle of the "Chip Wagon" type. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be received and the liceace denied. Application for Refreshment Vehicle Liceace - Alderman Thomson advised that a Mr. W. Stewart had made application for s Refreshment Vehicle Licenee to operate a canteen type vehicle. The City Clerk advised that this application has not as yet received approval from the Health Unit. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the liceace be granted subject to approval from the Health Unit.' The motion Carried with Alderman Schisler voting contrary, and all others in fayour, - 9- No. 493 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe, that the report be received and adopted. No. 494 - City Manager - Re: Regional Trunk Watermain from Niagara Falls Water Filtration Plant to Lundy~s Lane on Moatrose Road. The report recommends passing of a resolution to be forwarded to the Regional Council for their urgent attention; and that copies of the resolution be forwarded to the Minister of the Environment, the Minister of Housing and the Honourable John Clement. ORDERED on the motion of Alderman l~omson, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 103 RE S OLUT IONS No. 99 - THOMSON - FERA - RESOLVED that the unit prices submitted by Northland Bitulithic Limited for the asphalt paving at the City Service Centre be accepted at the tendered price of $16,176.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 100 - MANN - PUTTICK - RESOLVED that the unit prices submitted by Moir Construction Company Limited for the reconstruction of the Robinson Street Bridge be accepted at the tendered price of $733,328.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 101 - THOMSON - FERA - RESOLVED that the unit prices submitted by Fernview Construction Limited for the construction of sewers, wareram ins and base roads in the Mount Forest Subdivision be accepted at the tendered price of $994,657.78; AND the Seal of the Corporation be hereto affixed. Carried Unanimo.usly No. 102 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of B.E .N. Developments Ltd. for development of approximately 26 acres of property located south of Lundy's Lane and east of Moatrose Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved by the Minister of Rousing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 103 - THOMSON - STEWART - RESOLVED THAT WHEREAS the City's tourist industry is seriously affected by the low water pressure during the tourist season (June to September) despite water restrictions on lawn watering being imposed by the City; AND WHEREAS the low pressure in the City's water distribution system during the tourist season could also affect our fire protection; AND W'~EREAS the Regional Council has stipulated that future development proposals .'within lands bounded by Kalar Road, Lundy's Lane, the Queen Elizabeth Way and McLaod Road not be approved until such time as a formal conunitment has been made to increase the Region's water distribution system in this area; NOW THEREFORE BE IT RESOLVED that the Regional Council be requested to expedite the completion of the trunk regional watermain from the Niagara Falls Water Filtration Plant to Lundy's Lane at Montrose Road by 1976; AND the Seal of the Corporation be hereto affixed. Carried Unanimous ly BY-IAWS ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the. by-laws be given a first reading: No. 75-173 - A By-law to provide for remuneration of the members of the Co~ittee of Adjustment and the Board of Plumbing Examiners for the City of Niagara Falls. No. 75-174- A By-law to authorize a liceace agreement with the Regional Municipality of Niagara, No. 75-175 - A By-law to authorize the execution of an agreement with Northland Bitulithic, Limited for 'the paving of the stprage yard at the Service Centre. . .... 10 ZF: - 10 - ~ No. 75-176 - A By-law to amend By-law No. 74-227 to authorize the recgnstructi0n of the Bridge on Robinson Street. No. 75-177 - A By-law to authorize the execution of an agreement with Moir Construction Company Limited for the reconsdruction of the Robinson · · JStreet. Bridge. .'~o. 75-178 - A By-law to authorize the execution of an agreement with Fernview Construction Limited for the construction of sewers, waternmins and base roads for the Mount Forest Subdivision. No. 75-179 - A By-law to provide monies for general purposes. Carried with Alderman Schisler voting contr~,~ to By-law No. 75-173 ORDERED on the motion of Alderman Mann, seconded by Alderman Puttick, that the By-laws be now read a second and third time: No..75-173 A By-law to provide for remuneration of the members of the ConEnittee of Adjustment and the Board of Plumbing Examiners for the City of Niagara Falls. No. 75-174 - A By-law to authorize a license agreement with the Regional Municipality of Niagara. No: 75-175 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for the paving of the storage yard at,the Service Centre. No. 75-176 - A By-law to amend By-law No. 74-227 to authorize the reconstruction of the Bridge on Robinson Street. No. 75-177 A By-law to authorize the execution of an agreement with Moir Construction Company Limited for the reconstruction of the Robinson Street Bridge. No. 75-178 - A By-law to authorize the execution of an agreement with Fernview Construction Limited for the construction of sewers,+watermains and base roads for the Mount Forest Subdivision. No. 75-179 - A By-law to provide monies for general purposes. Carried with Aldermn Sc~hisler voting contn~ to By-law No. 75-173 MEW BUSINESS PARKING - WILLOUGHBY DRIVE Alderman Mann referred to problems being caused by parked vehicles at the far end of Willoughby Drive. It was moved by Alderman Mann, seconded by Alderman Michael that a report be submitted to Council regarding the possibility of no parking restrictions being placed on this section of Willoughby Drive. The motion Carried unanimously. APARTI~NT DENSITY - WILLOUGHBY DRIVE AREA Aldermen Mann advised that a number of residents on FurlOng Avenue were very concerned about the number of apartment units being constructed on Willoughby Drive. The Alderman felt that some steps should be taken to control the density of apartment units in this area. The Planning Director outlined various alternatives open to Council that could be taken to control development in this area. It was moved by Alderman Mann, seconded by Aldeman Michael, that staff submit a report and by-law to regulate density and provide for development control for this section of the former Village of Chippawn adjacent to Willoughby Drive, zoned industrial. The motion Carried unanimously. SOUND SYSTEM - COUNCIL CHAMBERS It was moved by Alderman Thomson, seconded by Alderman Drr, that steps be taken to have the sound system in Council Chambers operating properly by the next Council meeting. The motion Cerrie_,__~d unanimously. ...... 11 - 11 - PORTAGE ROAD - 0AKES DRIVE A complaint was brought to the attention of Council regarding a walkway that existed on Portage Road between Marineland and Chippawa. Apparently when ditch work was carried out along this section of Portage Road, the walkway was removed. The question of speed limits in this area which change from 40 m.p.h. to 25, m.p.h. within a short distance was also mentioned. It was moved by Alderman Puttick, seconded by Alderman Stewart, that a report be prepared regarding the former walkway and speed limits in the Portage Road - Oakes Drive area. The motion Carried unanimously. MORRISON STREET EXTENSION Alderman Puttick advised that a number of the residents on Morrison Street who will be affected by the proposed extension were under the impression that the extension will be carried out this year. The Municipal Works Director stated that the City is presently negotiating with Ontario Hydro, and that nothing would be done this year. It was moved by Alderman Puttick, seconded by Alderman Thomson, that the residents of Morrison Street between Portage Road and Dr,-nmond Road be advised through the Region by letter, that the extension of the roadway will not be carried out this year. The motion Carried unanimous ly. 1ANDFILL SITE FEES Aldermen Thomson referred to a complaint regarding the new Landfill Site fees. The City is unable to pick up garbage from the Turf & Surf, and Lombardi's on Victoria Avenue because of a large tree blocking access to the sanitation packers. The owners have arranged to have a private contractor haul their refuse to the Landfill Site. Since the rates have gone into effect, the owners' fee has increased by $60 to have this refuse hauled away. The City Manager advised that certain reconanendations on this matter would be made to Council in the near future. REPORTS RE: DOWNTOWN AREA Alderman Wallace referred to earlier requests for reports regarding a number of problems in the Downtown area: 1) Grass seed was supposed to be placed in the park around the Police building by the first of October; 2) Remaining paving and grading work to be done in conjunction with the Park Street market; 3) Nothing has been done to the property behind Lincoln Trust, purchased by the City for the purpose of a parking lot; and 4) The issue of signs for the Downtown area. RAILWAY RELOCATION STUDY His Worship, Mayor Bukator referred to a number of meetings held by the Railway Relocation Committee whereinit was advised that the proposed relocation will affect the Regional road system. The }~yor thanked the Director of Engineering for the Region and his staff for their assistance -and hard work on the City's behalf. MESSAGES OF CONDOLENCE It was moved by Alderman Puttick, seconded by Aideman Thomson, that messages of condolence be sent to the families of the late Ralph Binmonte, and the late Helen Schulze, both respected residents of the community. The motion Carried unanimous ly. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the meeting adjourn to Commit~e~ "~ "*~ole. A DOP D, Conwaittee Room September 15, 1975 Council met in ~,. v'v ~,. E~e Whole on Monday, September 15, 1975 following s regular meeting of '~ouncil. All Members of Council were present with the exception of Alderman Smsaton. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without repe-~aAaaa, READ AND ADOPTED, Council Chambers September 15, 1975 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of Alderman Smeaton. His Worship, Mayor George Bukator presided as Chairman. The meeting adjourned, ,AND ADOPTED, TWENTY-EIGHTH MEETING SPECIAL MEETING Council Chambers September 22, 1975 Following a meeting of Council Committee held on Monday, September 22, 1975, Council reconvened in formal session on the motion of Alderman Smeaton, seconded by Alderman 0rr. All Members of Council were present, with the exception of His Worship, Mayor George Bukator, Aldermen Fera, Harrigan and Michael. RESOLUTION No. 104 - SMEATON - SCHISLER - RESOLVED that Alderman D. Wallace be appointed as Presiding Officer during the absence of Mayor Bukator for the meeting of September 22, 1975; AND the Sea 1 of the Corporation be hereto affixed. Carried Unanimously REPORT No. 495 - Loan Review Committee - The report recommends approval of twenty-one applications for assistance under the Ontario Home Renewal Programme. Alderman Puttick asked if the contractors are estimating in unit prices as suggested previously. The Renewal Co-Ordinator advised that the By-law Enforcement Officer had been instructed to do this in the past week, and to ensure that the contractors do also. The contractors are willing to itemize such items as plumbing, heating, roofing, etc. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in fayour. ORDERED on the motion of Alderman Smeston, seconded by Alderman Mann, that the meeting adjourn to Council Committee session. READ DOPTED, PRESIDING OFFICER ! {. TWENTY-NINTH MEETING Committee Room ~1 September 29, 1975 Council'met in Con~nittee of the Whole at 7:15 p.m. on Monday, September 29, 19.75. All Members of Council were present with the exception of Alderman Stewart. Alderman Smeaton presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. Council met on Monday, September 29, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Stewart. His Worship, Mayor Bukator presided as Chairman. Alderman Harrigan offered the opening prayer. MAYOR Council Chambers September 29, 1975 ADOPTION OF MINUTES The minutes of the meeting of September 15, 1975, received two corrections. Page 1, regarding the Greater Niagara Senior Citizens Association brief, on the second line from the bottom should read "Capital Budget" rather than operating budget. Control for the ORDERED minutes minutes On Page 7, Report ~481 regarding the Transfer of Lands for Pollution Plant Expansion, the second recommendation should read "that compensation transfer of the land be made in the amount of $15,304.20, plus interest". on the motion of Alderman Thomson, seconded by Alderman Orr, that the of the meeting of September 15, 1975 be adopted as corrected, and the of the meeting of September 22, 1975 be adopted as printed. DEPUTATIONS UNITED WAY POOR BOY LUNCHEON Mr. J. Moir was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Smeaton. Mr. Motr advised that the official "kick-off" for the United Way Campaign takes place on Friday, October 3 at Our Lady of Peace Church Hall at 12:00 noon. The Poor Boy Luncheon proceeds go directly to the campaign. There will be again this year prizes, which are donated by various business establishments in the area. Mr. Moir hoped_that members of Council would attend this most worthwhile function. REQUESTS FOR DEPUTATIONS It'was moved by Alderman Puttick that Mr. A. Pewer and Mr. N. Mitchinson be permitted to address Council as separate deputations. The motion did not receive a seconder. His Worship, Mayor Bukator explained that the Council agenda is prepared on Friday afternoons, and by permitting persons to speak on items that do not appear on the agenda, citizens who have gone through the proper channels will be delayed. It was suggested that the two items be dealt with under New Business, and that in future, requests should be ~mde to the City Clerk prior to Friday afternoon. UNFINISHED BUSINESS pUMPING FEES AT THE IANDFILL SITE and PICK-UP TRUCKS AT THE LANDFILL .S.I.T.E Report No. 496 - City Manager - The report refers to a meeting held between City staff, and representatives of local contractors, and Mrs. Walker, who is repre- senting the local contractors. The report advises that Mrs. Walker will be in attendance to comment on the report, and it is recommended that consideration be given to her remarks. Report No. 497 - City Manager - The report recursends that the City's total rub- bish services for local residencies be made known through the press, and suggests that the question of free dumping on week-ends be discussed in a later report. It was suggested that since both reports dealt with the Landfill Site, that they both be considered at the same t~me by Council. - 2- Mrs. P. Walker was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Orr. Mrs. Walker advised that she was representing 116 businesses in the City, not all of which are contractors. Their position is that Council was not at any time prior to this meeting, fully advised of the repercussions of the facts behind the recommendation made to establish Landfill Site fees. It was pointed out that at the meeting held with staff, there had been an exchange of ideas on the subject. The report submitted does not in any way suuunarize the content of the meeting, but was a s,mmary of staff's position on the matter. In commenting on the various staff reports submitted on this matter previously, she felt that Council had not been told that they would be creating added bureaucracy and interference with people fs lives, and charging people who already pay to haul their own refuse. The price that industry and contractors must pay for dumping at the Landfill Site will be passed along to the consumer as well. Mrs. Walker advised that a contractor does not know how many truck loads of fill he will get out of a job, .and whether or not the material will be acceptable until after he excavates. This forces the contractor to bid on the unknown. Industry and contractors do not have a privilege given to most City residents, that of City paid garbage pick-up. The City pays a private contractor to supply fill material, and yet charges private contractors and industry to dump it 8t the Landfill Site. The previous by-law which prohibited the dumping of out-of-town rubbish was acceptable, and Mrs. Walker was not aware of any attempts to enforce it. People are now finding other sites, i.e. the side of roads, or stockpiling at their yards. This will have an effect on the original estimate of revenue, and if not, the original estimate was under estimte:~ The present llfe expectancy of the Landfill Site is 10 to 12 years. Within that time period, there will be legislation which will not make regional waste managem~ a voluntary compliance situation, but will impose restrictions for regional waste management. Non-City trucks deposit 37.7% by volume, of the materials brought te the Site, and under the fees are paying 67% of the cost. She requested that the contractors be given some measure of equality, and that the discriminatory LandilL Site fees be removed. Staff should be directed to find some other way to keep outsiders from using the Landfill Site, instead of charging people in the City. The Municipa 1 Works Director, and the Maintenance & Operations Engineer answered various questions from members of Council, but suggested that many of the points raised by Mrs. Walker were opinions of the group she represented, and clarification could not be provided on all items at the meeting. Council was assured that staff did not mislead Council in any way. Alderman Thomson suggested that most of the comments made by Mrs. Walker had been discussed by Council previously, and suggested that a meeting be held with Mrs. Walker, her representatives and Council to deal with the problpm,. Alderran Wallace suggested that rather than rescinding the by-law, parts could be deletedl or revised. He felt that by having a meeting with Council, there could be ' "nothing lost in the translation'I', or any misunderstandings. Alderman Orr was critical of the fact that the previous by-law had never been eftforced. Alderman Fera suggested that the fees be eliminated until the problem had been 'solved. Alderman Puttick felt that Council had two choices, either back the origiml decision, or rescind the by-law. He felt that since the developers in the city were given an opportunity to comment on the changes in servicing policies, the local contractors should have been given the same chance. He was critical of tPe way the matter had been handled. Alderman Michael felt that the by-law had been a mistake, and that .it should be rescinded. Aldemen Crowe and Mann both pointed out that the fees had been imposed on a trial basis, and felt that more consideration should be given to the matter. Alderman Schisler also agreed that further discussion should be held. It was moved by Alderman Thomson, seconded by Alderman Wallace, that the reports be tabled, and the matter discussed further at a Council Committee sessi~ with Mrs. Walker and the representatives of the business and trucking.industry, so that a mathod of suitable operation can be devised, keeping in mind the probl~ and complaints raised, with further reports ~ubmitted by staff. The motion~ with the following vote: AYE: Aidemen Crowe, HarriSan, Mann, Schisler, Thomson and Wallace. NAYE: Aidemen Fera, Michaels Orr, Puttick and Smeaton. GUIDE SIGNING POLICY Report No. 498 - City Manager - The report recommends that the draft Guide Sign Policy be referred'~o the Region for discussion with the affected parties so the City and the Region my adopt the final policy. - 3- Alderman Wallace asked if certain signs directing traffic to the Downtown area would be erected after the policy is approved by the Region. The Projects and Services Engineer advised that once the policy is approved, the City will officially request the Region to erect the necessary signs, and he did not see any problems in this respect. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. CLOSING OF CANADIAN NATIONAL TELECO~FONICATIONS OFFICE Report No. 499 - The report advises that Canadian National Talecommunications intends to proceed with the closing of the local office, and will advise the public through the press, of the new system of handling their services. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fera, that the report be received and filed. REPORTS Due to the length of the meeting, it was moved by Alderman Thomson, ~econded by Alderman Orr, that a number of reports be considered at this time. No. 500 - Planning & Development Conmittee - Re: AM-19/75, S. Stante, Robinson Street. The report recommends approval of the application, subject to a site plan, 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 ~pproved by the Minister of Housing. Mr. C. Eidt, acting on behalf of the applicant, was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Smeston. Mr. Eidt advised that Mr. Stante would be providing the necessary five parking spaces, rather than the three he had originally proposed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the recommendation of the Planning & Development Committee be adopted. See Resolution No. 105 See By-law No. 75-182 No. 501 - Planning & Development Committee - Re: AM-20/75, J.F. Stranges, Corner of Centre Street and Lewis Avenue. The report recommends approval of the applica- tion subject to Development Control, 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. The Planning Director and the Municipal Works Director answered a number of questions raised by Council regarding the site plan, and proposed traffic plans for the area. ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson, that the recommendation of the Planning & Development Committee be adopted. See Resolution No. 106 See BF-law Nq'. 75-183 No. 502 - Planning & Development Conmittee - Re: AM-18/75, J. & E. Dow, Ei~ abeth Street. The report recoamends approval of the application, that Council certify by resolution that the application will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended, once an amendment is approved by the Minister of Rousing, and further that Council adopt Amendment No. 76 by by-law. Alderman Puttick advised that one of the objectors had not been able to attend the Council meeting, and had requested that the report be tabled. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that the report be tabled for one wee~ The motion Carried with Alderman Crows abstaining on a conflict of interest, and all others voting in favour. BY-lAW It was moved by Alderman Mann, seconded by Alderman Smeaton, that By-isw No. 75-185 be brought forward for consideration at this time. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that leave be granted tQ introduce the foilowing by-law, and the by-law be given a first reading: -4- No. 75-185 - A By-law to amend By-law No. 70-216 to regulate the discharge of firearms in a defined area of the City of Niagara Falls. Carried with Alde~z Michael and Smeaton voting contrary, and all others in fav0ur ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the , By-law be now read a second and third time: No. 75-185 - A By-law to amend By-law No. 70-216 to regulate the discharge of firearms in a defined area of the City of Niagara Falls. Carried with Alders: Michael and Smeat0n voting contrary, and all others.in fayour. It was moved by Alderman Crowe, seconded by Alderman Thomson, that t~ map showing the no~h~nting boundaries be advertised in the local press. The motion Carried unanimously~ REPORT It was moved by Alderman Smeaton, seconded by Alderman err, that the following report be brought forward for consideration at this time. No. 503 - City Manager - Re: Industrial Zoning in By-law No. 974. The report recommends that Council give two readings to the by-law providing for a density of 12 units per acre and providing for Development Control on the lands zoned Industrial and vacant, located east of Willoughby Drive and further that the Planning & Development Conmittee hold a public meeting to hear comments on the by-law and make recommendations to Council prior to the third reading of the by-law; That the Planning & Development Committee arrange for the preparation of a neighbourhood plan for this general area; and that the Planning and Developmant Comnittee review the existing Industrial zoning elsewhere in the City to determine the need for controlling residential uses prior to-the complet:!,~{ of the Draft Zoning By-law. M~. T. Davis was granted permission to address Council on the motion of Alderman Mann, seconded by Aldernmn Michael. Mr. Davis stated that he and his neighboars felt that even limiting the density to 12 units per acre was not low enough, since 12 units per acre could produce as much as 1200 people in the area in question. His Worship, Mayor Bukator advised that under the previous by-law, there was a much higher density, and 34 unitd per acre were developed. This step is taken to reduce that and prevent a much higher density. ORDERED on the motion of Alderman Crowe~ seconded by Alderman Mann, that the report be received and adopted. See By-law No. COMMUNICATIONS No. 95 - Pensioners Concerned (Canada) Inc. - The coumxunication requests relief from the education portion of the property tax for senior citizens. ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that the communication be received and filed. No. 96 - Ministry of the Solicitor General - Re: 1975 Fire Prevention Week. ORDEP~D onthemotionofAldermanSehisler, seeondedby~l~e~lTnl~;a~et~;~o~; communication be received, and that the week of October as 1975 Fire Prevention Week, and that the proclamation be printed in the Niag~r* Falls Review. No. 97 - Niagara South Board of Education - The c~um,Unication requests that the City build a cinder path from Paddock Trail in Ascot Woods Subdivision through to Montrose Road for children attending Greendale School. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fats, that the request be referred to staff for the preparation of a report. No. 98 - Canadian Federation of Mayors & Municipalities - The conmnuntcation re- quests that Council to study and approve a resolution regarding the Urban motion of Alderman Michael, seconded by Alderman Smeaton that the resolution be endorsed. The motion Carried with Alderman Puttick voting and all ochers in fayour. ' -5- No. 99 - William L. Archer, Q.C., commissioner - The communication advises of the Commission appointed to undertake a review of the Regional Municipality of Niagara. Briefs are requested to be submitted by January 15, 1976. ORDERED on the motion of Alderman Patrick, seconded by Alderman Crows, that those members of Council who so wish, may submit briefs, a long with the comments of staff which shall be compiled into a brief to be submitted to the Commission. REPORTS No. 504 - City Clerk - Report of the Council Committee Session, September 22/75. 1. Report on Industrial Trip to Germany - A report was submitted respecting the most recent trip to Germany and a member of the Business and Industrial Growth Committee was in attendance and elaborated on the report. Recommendation: That the report be received and filed, and further that Mr. Draexlmaier be permitted a one-year extension to commence construction in the Falls Industrial Park, with the proper documents to be prepared by the City Solicitor. 2. Repairs Made to 4655 Sixth Avenue under the O.H.R.P. Program - A detailed report was considered outlining the repairs that have been made to the premises and the work which is still to be undertaken by the contractor. The report indicated that after the work is complete, the owner of the property will be satisfied. Reconnendation: That the report be received and filed. 3. Complaints of Mrs. Parkhill - A detailed report was submitted indicating that soma of the complaints submitted by Mrs. Parkhill fal? within the jurisdiction of the Niagara Falls Housing Authority and that the Authority was co-operative with the tenant. With respect to the flooding conditions, the report indicated that the installation of the proposed storm sewer in the area in conjunction with the 1975 N.I.P. Program will be instrumental in preventing further flooding. Recommendation: That the report be received and filed, and a copy be provided to Mrs. Parkhill, and also that Mrs. Arthur be provided with an explanation of the City's proposal for remedial work in the Ailanthus Avenue area. 4.' Sylvia Place Market - A report was submitted reconunending that City Council authorize the Mayor to appoint at least two. Aldermen and himself to act as a Connittee for the Sylvia Place Market development along with staff. Recommendation: that the report be received and adopted, and that Alderman D. Wallace be appointed to the Committee. 5. Temporary Access Road from Dorchester Road to Brian Crescent - A report was considered recommending that the temporary access road be closed and that the pedestrian walkway originally planned for this roadway be established. Recommendation: That the report be received and adopted. 6. 1975 Council Tour - A report was considered recommending that the Annual Tour be held on Saturday, October 4, 1975, beginning at 9:00 a.m. at the Municipal Service Centre. Included in the tour would be the official sod turning ceremony by Mayor G. Bukator for the Robinson Street Bridge at approximately 9:30 a.m. Recommendation: That the report be received and adopted. 7. Shriner's Creek Environmental Impact Study - The study prepared by Proctor and Redfern was considered along with a detailed report from the City Manager. Recommendation: That the Shrinerag Creek Environmental Impact Study and report of the City Manager be tabled until the Council meeting of October 6 and that in the meantime, interested parties submit written comments and that no decision be arrived at until its meeting of October 20, 1975. 8. Resignation of Mr. N. Chevers, Executive Secretary - United Wa~Z - Council directed that a letter of congratulations be sent to Mr. thevats on the new pea ition that he is assuming in Northern Ontario, and to express Council's regret that he is leaving the City of Niagara Falls. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Thomson, that the report be received and Council ratify the recommendations. N..~_.~: Alderman Mann was absent when the vote was taken on this matter. No. 505 - City Manager - Re: Group Co-Operative Salt Tender 1975/76. The report recommends that Council accept the Regional recommendation of the tender submitted by Canadian Salt Company for the supply of highway coarse salt. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adapted. N~OTE: Alderman Mann was absent when the vote was taken on this matter. - 6- No. 506 - City Manager - Re: Rental of Snow Removal Equipment. The report recommends that all tenders received be accepted, and that any additional equip, ment necessary and available be rented at the hourly rates for construction equipment approved by Council in the spring of this year, or at a negotiated prf if necessary. Alderman Puttick expressed concern over the fact that the City would be installing radios in the plowing equipment to be rented, at the City's cost, ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adopted. The motion Carried with Alderman Puttick votin~ contrary, and all others in favour. ' .NOTE: Alderman Mann was absent when the vote was taken on this matter. No. 507 - City Manager - Re: Tender for Snow Removal Trucks. The report o .~ be called upon in order of hourly rates to supplement City trucks not required for snow plowing. It was further recommended that the remaining truckers be called'upon when city trucks are not available. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adopted. ~OTE: Alderman Mann was absent when the vote was taken on this matter. No. 508 - Planning & Development Conunittee - Re: AM-14/75 Shell Canada Ltd., S~,. Side of Mountain Road. The report recommends approval of the application sub' to Development Control, and that Council certify by resolution that the appl~!t cohforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning as amended and approved by the Minister of Housing. Aldermen Thomson expressed concern over the fact that the applicant's intention is to erect a gas bar with one washroom only. The Planning Director advised that he did not believe the zoning by-laws control the number of washr0~ but felt that a number of other Acts did provide for this regulation. He suggested that the number of washrooms could be incorporated in Councll's ORDERED on the motion of Alderman HarriSart, seconded by Alderman Puttick, that the recommendations of the Planning & Development Committee be adopted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that proposal of Shell Canada for the erection of a gas bar include two separate washrooms. The motions Carried with Alderman Wallace voting contrary~ and all others in fayour. See Resolution N0.1O7 See By-law No. 75-1K No. 509 - City Manager - Re: Tender Award, Contract L.I. 24-7~, Local Improvemen~ Storm Sewers on Drummond Road and Cotwin Crescent. 'The report recommends: 1) That the unit prices submitted by L & N Construction & Excavating of Niagara be accepted; 2)That a by-law be passed authorizing the over-run from the local improvement sewers on Drummond and Corwia Crescent be charged against the special fund established by By-law ~73-267; and 3) That the By-law authorizing the execution of the contract agreement be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler,. that the report be received and adopted. pee Resolution No.l~ See By-law No. See By-law No. 75-1~ NOTB: Alderman Orr was absent when the vote was taken on this matter. · No. 510 - City Manager - Re: Tender Award, Contract S.S. 34-75, Portage' Road Sewer Extension. The report recommends that the unit prices submitted by Aldii~.. s h hEy z eP o necessary r~adings. ' ' ORDERED on the motion of Alderman Mann~ seconded by Alderman $chialer~ that report be received and adopted. See Resolution H0.10~ .... See By-law No. 75-1~ NOTE: Alderman err was absent when the vote was taken on this matter. No. 511 - CityManaaer - Re: ~[enaer~Award,~ontract~..S.S. 3g.75~ Stanley Avenue - 7- .Trunk Storm Sewer. The report recommends that the unit prices submitted by the low tenderer, Leo Contracting Company Limited be accepted, and that the by-law authorizing the contract agreement be given the necessary readings. In response to questions raised by Alderman Puttick, the Des ign and Construction Engineer explained the tendering procedure. The contract is on a unit price basis, and calls for 10,000 feet of steel sheeting, which was not bid on by the low tenderer under the previous tender call. The increased price is caused by the high unit pricing of the steel sheeting. ORDERED on the motion of Alderman Michael, seconded by Alderman Schisler, that the report be received and adopted. See Resolution No.ll0 See By-law No. 75-192 NOTE: Aldernmn Orr was absent when the vote was taken on this matter. No. 512 - City Manager - Re: Sand/Salt Shelter Contract. The report recommends that the firm of Niagara River Construction be awarded the contract for the steel structure and roof for the sand/salt shelter at the Service Centre, and that the by-law authorizing the contract agreement be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisl~r, that the report be received and adopted. See Resolution No.ill See By-law No. 75-195 NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 513 - City Manager - Re: Approval of Revised Site Plan, Proposed Restaurant, East Side of Sodom Road, AM-45/73. The report recommends that Council approve the revised site plan. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. NOTE: Alderman Orr was absent when the vote was taken on this matter. No. 514 - City Manager - Re: Construction By-law for the Reconstruction of Robinson Street from Stanley Avenue to Clark Avenue. The report recommends that the construction by-law to authorize the reconstruction of Robinson Street be given the necessary readings. ORDERED on the motion of Alderman Orr, seconded by Alderman Crows, that the report be received and adopted. See By-law No. 75-188 No. 515 - City Manager - Re: Parkway Gardens Subdivision, Former Village of Chippaws. The report reco~anends that approval be given to Kenmore Construction to develop the Parkway Gardens Subdivision in two stages, namely Lamont Avenue as Stage 1 and Mundare Crescent as Stage 2. ORDERED on the motion of Alderman Crows, seconded by Alderman err, that the report be received and adopted. ~OTE: Hie ~Worship, Mayor George Bukator declared a conflict of interest. No. 516 - Recreation Commission - Re: Niagara Central Recreation Board. The Cemmnission requests that Council consider the application of Mr. W. Lapp for appointment to the Niagara Central Recreation Board. ORDERED on the motion of Alderman Wallace, seconded by Aldenman Thomson, that Mr. W. Lapp be appointed to the Nisgara Central Recreation Board. No. 517 - City Manager - Replacement of Existing 4" Steel Main on Franklin Avenue fromAsh Street to Murray Street. The report recommends that the installation of an 8" dismeter watermain to replace the existing 4" steel main on Franklin Avenue be included for construction under contract W.I. 22-75, at an estimated cost of $5,000 as per the unit prices tendered for this contract by L & N Construction and Excavating of Niagara Limited, and that the estimated expenditure be charged against the Water Works System Surplus Fund. ORDERED on the motion of Alderman Crowe~ seconded by Alderman err, that the report be received end adopted. No. 518 - City Manager - Re: Retention of Consulting Engineer for the Glenview Neighbourhood Improvement Program Storm Sewer. The report reconnnends that the consulting engineering firm of Canadian British Engineering Consultants (1971) Ltd. be retained to undertake the engineering design and resident supervision of construction ~or the Glenview N.I.P. storm sewer project, and the engineering -g_ fee be in accordance with current A.P.E.O. Fee Schedule, and that the City Solicitor be instructed to prepare a by-law toauthorize the execution of the engineering agreement. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson, that the report be received and adopted. No. 519 - City Manager - Re: Tax Arrears Procedure. The report advises that the firm of A.O. Shingler & Company Ltd. will be retained for business tax arrears collect/on in the City. Alderman Wallace agreed with the concept of collecting the business tax arrears through forcible collection procedures, but did not agree with the statement in the report which allows the firm to add their fees to the outstandi~ amount. He questioned the legality of this practice. Aldermen Puttick and Smeaton were both concerned with the legality of this practice, and felt that the matter should be tabled for a report expressing a legal opinion. The City Treasurer advised that the collection is made under a Distress Warrant, covere~ in The.~Municipal!~ct' R.S.O., 1970. ORDERED on the motion of Alderman Crowe, seconded by Alderman Wallace that the report be received and filed. The motion Carried with Aldermen Puttick and $meaton voting contrary, and all others in~. No. 520 - City Manager _ Re: Stone Footpath on Portage Road between Marineland and the former Village of Chippaws. The report advised that the footpath is still in existence, hut that its width had been reduced by a recent re-ditching operation undertaken by the City in 1974 on behalf of the Region. The Region has agreed to assume the cost of placing the additional stone to widen the footpath, said work to be carried out by City forces. ORDERED on the motion of Alderman Mann, seconded b7 Alderman Fern, that.the report be received and flied. No. 521 - City Manager - Re: Lyons Creek Watercourse. The a meeting he!dfwith M~. K. Ludwig of ~he'St. Lawrence Sea report ~dvises of way AUthority s operation in conjunction with the ~reek n was given of that the 'Seaway Authority. should be contacted immediately when problems occur. the report be tabled until OCtobercld~1975. No. 522 - City Manager - Cash-in-Lieu _ Hilltop Cabins Ltd. The report recommena~ that the by-law authorizing the execution of an agreement with Hilltop Cabins Ltd., respecting cash~in-lieu of parking spaces. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. See ~y-lsw No. 75-18~ No. 523 - City Manager - Parking on Willoughby Drive. The report reconlnends that parking be prohibited on the easterly and northeasterly side of Willoughby Drive at all times from Willick Road to Main Street. ORDERED on the motion of Alderman Mann, seconded by Alderman 0rr, that the report be received and adopted. '- No. 524 ~ Loan Review Committee - Re: APPlications for Assistance. The report reconnenda approval of four applications for assistance under ~heOntario Home Renewal Program. ORDERED on the motion of Alderman Thomson, seconded by Alderman Nichael, that ~'i the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others in favour, N " No. 525 - Deputy City Clerk - Recon~nendiug approval of Municipal Lieences~ ORDERED on the motion of Alderman Mann~ seconded by Alderman Fern that the report be received and the liceaces granted. No. 526 - City Manager . Recommending payment of Hunicipal Accounts. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Harrigan~ tha~ the report be received and adopted. PETITION A petition was received from Margaret Molnar and others~ requestin~ that consideration be 8ivan to replacing and enlarging the storm sewers in t~e Dixon - Edward - L~cust - Drummond area. ORDEI~D on the motion of Alderman Thomsons seconded by A~derman Orrs that the petition be referred to staff. - 9 - RESOLUTIONS No. 105 - THOb~ON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of S. Stante for the rezoning of 5699 Robinson Street, situated on the north side of Robinson Street, conforms to the 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 ~ffixed. \ Carried__Unanimously No. 106 - FERA - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Fails hereby certify that the application of J.F. arranges for the rezoning of Pt. Lot 14, Lots 15, 16 & 17, situated on the southeast corner of Centre Street and Lewis Avenue, conforms to the Official PlanAmendment No. 28 of the Niagara Fails Planning Area, as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried_Unanimously No. 107 - HARRIGAN - PUTTICK - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Shell Canada Ltd. for the rezoning of property known as Part Twp. Lots ~7 & 34, situated on the south side of Mountain Road conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Mousing; AND the Seal of the Corporation he hereto affixed. Carried with Alderman Wallace voting contrary and ell others in favour. No. 108 - MANN - SCHISLER - RESOLVED that the unit prices submitted by L & N Construction and Excavating of Niagara Limited for the installation of Local Improvement storm sewers on Drummond Road and Corwin Crescent, be accepted at the tendered price of $g8,932.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 109 - MANN - SCHISLER - RESOLVED that the unit prices submitted by Alden Contracting Limited for the construction of the Portage Road storm sewer exten- sion be accepted at the tendered price of $71,750.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. I10 - MICHAEL - SCHISLER - RESOLVED that the unit prices submitted by Leo Contracting Company Limited for the construction of an 84" diameter trunk storm sewer on Stanley Avenue be accepted at the tendered price of $926,837.87;AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ 'No. 111 - MANN - SCHISLER - RESOLVED that the ~endered prices submitted by Niagara River Construction Limited for the construction of a sand and salt shelter for the City Service Centre be accepted, tendered price of $15,900.00; AND the Seal 0f the Corporation be hereto affixed. Carried Una..nimously BY-LAWS ORDERED on the motion of Alderman Crowe, seconded by Alderman Harrigan, that the foliowing By-law be now read a third time: No. 75-138 - A By-law toauthorize the acquisition of land for the purpose of a housing project. Carried Un~njmousl~ ORDERED on the motion of Alderman Crowe, seconded by Alderman Harrigan, that leave, bel;granted to introduce the following by-laws and the by-laws be read a first time: No. 75-180 - A By-law to amend By-laws No. 2350, 1959 and No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls as amended. No. 75-181 - ~ELETED No. 75-182 - A By-law to amend By-law No. 5335, 1955, as amended. - 10 - No. 75-183 - A By-law to amend By-law No. 5335, 1955, as amended. No. 75-184 - A By-law to authorize an agreement with Hilltop Cabins Limited respecting parking facilities. No. 75-185 - See Page 3 No. 75-186 - A By-law to amend By-law No. 70-217 respecting lieences for the hunting of pheasants, rabbits and foxes within any part of the City of Niagara Falls. No. 75-187 - A By-law to amend By-law No. 974 (1955) of the former Village of Chippawn, now in the City of 'Niagara Falls, as amended. No. 75-188 - A By-law to authorize the reconstruction of Robinson Street from Stanley Avenue to Clark Avenue. No. 75-189 - A By-law to amend By-law No. 74-153 to authorize the construction of certain works as Local Improvements under Section 12 of The Local Improvement Act. No. 75-190 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of Local Improvement storm sewers on Drun~ond Road and Corwin Cresc~ No. 75-191 - A By-law to authorize the execution of an agreement with Alden Con- tracting Limited for the construction of the Portage Road storm sewi: extension. No. 75-192 - A By-law toauthorize the execution of an agreement with Leo Contract[i Limited for the construction of a storm sewer on Stanley Avenue. No. 75-193 - A By-law to provide monies for general purposes. No. 75-194 - DELETED No. 75-195 - A By-law to authorize the execution of an agreement with Niagara Construction Limited for the construction of a sand and salt shelter for the City Service Centre at 3200 Stanley Avenue. Carried Unanim, ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the following By-laws be now read a second time: No. 75-187 - A By-law to amend By-law No. 974 (1955) of the former Village of Chippawn, now in the City of NiagaralFal~s, as amended. No. 75-188 - A By-law to authorize the reconstruction of RobinSon Street from Stanley Avenue to Clark Avenue. Carried Unan ORDEREDDon the motion of Alderman Puttick, seconded by Alderman Crowe, that the following by-laws be now read a second and third time: No. 75-180 - A By-law to amend By-laws No. 2350, 1959 'and 2530, 1960. o~ the fomr Township of Stamford, now. in the City of Niagara Fails as amended. · No. 75-181 --DELETED No. 75-182 - A By-law to amend By-law No. 5335, 1955, as amended. No. 75-183 - A By-law to amend By-law No. 5335, 1955, as amended. No. 75-184 - A By-law to.authorize an agreement with HilltOp Cabins Limited respecting parking facilities. No. 75-185 - See Page 3 No. 75-186 ~ A By-law to amendBy-law No. 70-217 respecting licences for the hunting of pheasants, rabbits and foxes within any part of the City of Niagara Falls, No. 75-189 - ~ By-law to amend By-law No. 74-153, to authorize the construction certain works as Local Improvements under Section 12 of the Local Improvement Act. .~ ...... 11 No. 75-190 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of Local Improvement storm sewers on Dr,mmond Road and Corwin Crescent. No. 75-191 - A By-law to authorize the execution of an agreement with Alden Con- tracting Limited for the construction of the Portage Road storm sewer extension. No. 75-192 - A By-law to authorize the execution of an agreement with Leo Contracting Limited for the construction of a storm sewer on Stanley Avenue. No. 75-193 - A By-law to provide monies for general purposes. No. 75-194 - DELETED No. 75-195 - A By-law to authorize the execution of an agreement with Niagara River Construction Limited for the construction of a sand and salt shelter for-the City Service Centre at 3200 Stanley Avenue. Carried Unanimously NEW BUSINESS LOCAL CONTRACTORS FOR O.H.R.P. PROGRAM Alderman Michael advised that he was in favour of only local contractors performing work under the O.H.R.P. Program in order to protect the interests of local residents. Various members of Council expressed their views on this suggestion, both in favour and against. It was moved by Alderman Michael, seconded by Alderman Thomson, that a report be submitted regarding the feasibility of employing only local contractors to perform work under the O.H.R.P. Program. The motion was Defeated with the following vote: AYE: Aldermen Michael, Orr, Puttick, Smeaton and Thomson. NAYE: Aldermen Crowe, Fern, Harrigan, Mann, Schisler and Wallace. COMPLAINTS OF MR. A. PEWER, 4727 COOKMAN CRESCENT Mr. A. Pewer was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Orr. Mr. Pewer advised of the problems he was experiencing with the contractor performing work on his home, partly under the O.H.R.P. Program. Among some of the problems are crooked steps, sagging steps, an open stairwell:in a hazardous condition, and a sloped roof shown on his building plans as being flat. Mr. Pewer stated that he had contacted a lawyer regarding his problem, and will be holding back on the final payment, until the satisfactory repairs are made. Alderman Puttick advised that the cheque had been issued by City Hall after an inspection had been made, even though the work was not satisfactory. He felt that there should be more control over the issuing of money through City Hall under this Program. His Worship, Mayor Bukator advised Mr. Pewer to retain his cheque until he was satisfied. He further advised that he and several other City officials would ~ieit his residence in an attempt to assist him in his problems. FORltiR POLICE BUILDING Alderman Thomson asked that some investigation be made into the possible uses of the former Police building that the City will be assuming once the new building .has been completed. He suggested that steps be taken to have the building boarded up in the meantime, until some use is determined. A & P STORE HOURS Alderman Thomson referred to the recent decision of the A & P Store at the Town & Country Plaza to stay open on a 24 hour basis. He felt that this decision will force the labour class to work unreasonable hours, and will put the small stores out of business. The Deputy City Clerk advised that there was an old by-law in existence covering the hours of retail establishments, but grocery stores were not included under the by-law. Alderman Thomson requested that a report be prepared outlining the tityes alternatives in this matter. PROPOSED STREET ~ CHANGES Aldernmn Schisler referred to a recent report regarding street name changes, some of which will occur in the south portion of the City. Be requested that Lincoln Road be renamed Buchner Rnad~ to provide for a continuation of the section of the - 12- road outside the City limits, named Buchner Road. Alderman Mann also referred to several streets in the former Village of Chippawa that are to be re-named. The Municipal Works Director advised that he would check into the matter. SIDEWALK - CORNER OF DRUMMOND & PROSPECT Alderman Puttick advised that when reconstruction took place at the Gulf Station on the corner of Dr,m.nond Road and Prospect Street, the sidewalk had not been replaced. He requested the Municipal Works Director to check into this matter. NIAGARA FALLS ARENA & O.H.A. HOCKEY TEAM It was moved by Alderman Puttick, seconded by Alderman Orr, that the Mayor be authorized to pursue the initial cost of an addition to the Niagara Falls Are~ to accommodate ticket sales and an O.H.A. team, with the proper officials. The motion Carried unanimously. REPLY FROM REGIONAL BOARD OF COMMISSIONERS OF POLICE RE: NUMBER OF OFFICERS ASSIGNED TO NIAGARA FALLS DIVISION Alderman Fera referred to the reply received from the Board of Commissioners, advis ing that they were unable to supply the City with an accurate breakdown of the personnel assigned to a particular division. The Alderman felt that it was typical of the attitude of the Region towards this Municipslity, and showed the irresponsibility and inefficiency of the whole Regional concept. GRASS BOULEVARDS - FORMER VILLAGE OF CHIPPAWA Alderman Michael advised that he had received a number of calls from residents of Rapelie Street regarding the condition of the boulevards. There is no grass, but a great number of weeds. The Municipal Works Director advised that in the majority of subdivisions in the City, it is the responsibility of the individual home owner to plant grass. He advised however, that he would check into the matter.. NIAGARA SQUARE Alderman Smeaton criticized the lack of information available to Council regardi~. the status of negotiations on Niagara Square. Alderman Thomson advised that he had heard rumours to the effect that negotiations had broken down. It was moved by Alderman Smeaton, seconded by Alderman Thomson, that His Worship,.Mayor Bukat0: be authorized on behalf of Council to contact the principals of Campeau, or to meet with them directly~ to determine the status of Niagara Square. The motion Carried unanimously. It was moved by Alderman Schisler, seconded by Alderman Marrigan, that the meeting adjourn, READ AND PTED, THIRTIETH MEETING REGULAR MEETING Council Chambers October 14, 1975 Council met on Tuesday, October 14, 1975 at approximately 8:30 p.m., for the purpose of considering general business, following a special Council Committee session. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Orr offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the minutes of the meeting of September 29, 1975, be adopted as printed. PRESENTATION OF RETIREMENT WATCH His Worship, Mayor Bukator presented a retirement watch to Mr. V. Armstrong, formerly a Platoon Chief with the Niagara Falls Fire Department. UNFINISHED BUSINESS SYLVIA PLACE MARKET Report No. 527 - City Manager - The report advises of a meeting held by the Sylvia Place Market Development Committee wherein the following reconmendations are submitted to Council: That the City build a new market building, a canopy building from the east and west side of the market building, and that a walkway be built leading from the market to Ferry Street. It was also reconnnended that Council give consideration during the 1976 budget discussions for an additional canopy running parallel to the one proposed at this time. Alderman Thomson, a member of the Committee, advised that the market would be a "people market", and would promote business in the Main Street area. He felt that considerable work had been done to achieve this market, and felt that with proper management and regulations, any problems experienced by the farmers at the market could be solved. Aldermen Wallace outlined the proposals made by the Conmittee, and referred to the plans posted in Council Chambers. He stated that the necessary work could be carried with 1975 funds, and suggested that consideration be given in next year's budget to expand the market development. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that the report be received.and adopted. AM'18/75, J. & E. DOW, ELIZABETH STREET Report No. 502 - Planning & Development Conmittee - The Connnittee recommends that Council approve the application of J. & E. Dow, and that they certify by resolution that the appIication will conform to Official plan Amendment No. 28 of the Niagara Falls Planning Area, as amended, '- once an amendment is approved by the Minister of Housing. It was also recommended that Council adopt Amendment No. 76 by by-law. Dr. J..Hodgson was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Smeaton. Dr. Hodgson advised that basically he had no objection to the rezoning. His main concern was that the applicant be fully aware that he was building a residence adjacent to a veterinary hospital to prevent any future complaints regarding noise. Mr. B. Sinclair, solicitor for the applicant, was~granted permission to address Council on the motion of Alderman Thomson, seconded by Aldermen Smeaton. Mr. Sinclair outlined his client's proposal, and advised that Mr. Dow was aware of Dr. Hodgsonss operation in the area. Alderman Puttick suggested that a copy of the minutes be sent to Mr. Dow and Dr. Hodgson, so that the comment raised regarding the veterinary hospital would be a matter of record. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Orr, that the recommendations of the planning & Development Committee be adopted. See By-law No, 75-181 See By-law No. 75'-194 See Resolution No,ll'~' Alderman Crowe declared a conflict of interest and refrained from voting on this matter. . .... 2 - 2- LYONS CREEK WATERCOURSE Report No. 521 - City Manager - The report advises of a meeting held with Mr. K. Ludwig of the St. Lawrence Seaway Authority, regarding the problem of the low water level in Lyons Creek. An explanation was given of the Seaway Authorit~ operation in conjunction with the Creek, and it is advised that the Authority should be contacted immediately when problems occur. His Worship Mayor Bukator felt that there should be some investigation into the possibility of Hydro putting in certain control structures in order to maintain an adequate water level in the Creek. He also suggested that staff should consider submitting a report on the use of the adjacent land as a park site. Alderman Schisler conmended the Municipal Works Director for providing a- very informative report. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and filed. COMMUNICATIONS No. 100 - City of Niagara Falls Board of Museums - The communication requests Council's approval of the Board's application to register their museums as nnn-profit charitable organizations. Alderman Crows explained that certain branches of municipal corporations that are non-profitable, can register under the Income Tax Act, and donations and bequeaths can be tax deductible to the donators, particularly in the instance of the Museum Board with items of historical nature. The Alderman did ~owever refer to the resolution appearing on the agenda, and stated that it should be amended so that the City would be approving the registration of the application. ORDERED on the motion of Alderman Wallace, seconded by Alderman Thomson, that the communication be mcetved and a resolution be passed approving the registration of the Board~s application to have their museums designated as non-profit, charitable organizations. See Resolution No. ll! No. 101 - Niagara Regional Board of Cemmissioners of Police - The communication advises that the police boat will be formally returned to the City, and that the City will assume responsibility for its operation. Alderman Thomson asked if it was the intention to hand the boat over to the brigade, or to put the boat in trust to them. The Clerk advised that the intention was to give the boat to the brigade so that the onus would be on them to provide liability insurance, but it would be on the Understanding that the boat would be used for a specific purpose. The matter would be worked out by the Solicitor. ~ ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the Board of Co~anissioners of Police be thanked for turning the police boat over to the City, and' that the boat in turn be given to the St. John~s Ambulance Brigade on the understanding that a specific service is to be provided. No. 102 - A. & T. Mersich,- Re: Zoning on southerly half of the block bounded by Stanley Avenue, Robinson Street and Buchanan Avenue. Alderman Thomson advised that the entire area in question will be zoned tourist-commercial in the draft zoning by-law, and rather than Council re-zoni~ one particular.piece of lands the Mersich~s should be advised that once the draft zoning by-law is approved,'it will be zoned tourist-commercial. He felt that any action now would set a precedent. ORDERED on the motion of Alderman Harridan, seconded by Alderman Michael~ that the ~atter be tabled until such time as the draft zoning by?law is approved. No. 103 - Chippaws Presbyterian Church - The communication advises of the objection by the Session of the Church to the proposed no-parking ban on Willoughby Drive. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the cca~uents be taken into consideration when determining the parkin~ prohibitio~ in the Willoughby Drive area. No. 104 ? F. & P. Staedt - Re: Advising of their objection to the proposal to expand Marineland & Game Farm to the present 0aklands Golf Club property. Alderman Smeaton asked if a rezoning would be required on these lands. The - 3 - Deputy Planning Director advised that a rezoning would be required in this case, and that notification of residents in the area would be on a more widespread basis due to the nature of the development. Alderman Mann asked if there had'been any negotiations with Marineland regarding Corfield Road which Council had not been informed of. The City M~nager replied that negotiations were presently being carried out between the Region and Marineland, and the City was being kept informed of the status of their negotiations. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that the communication be received and filed. No. 105 - Royal Canadian Legion - Requesting that the week of November 5 - 11, 1975 be proclaimed as Poppy Week, and for permission to sell poppies. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the communication be received, and the requests approved. REPORTS No. 528 - City Manager - Re: Garbage Collection. The report advises of steps taken to solve a problem experienced by several businesses in the tourist area of the City regarding garbage collection. It is recommended that staff be authorized to enter into similar agreements with other businesses experiencing problems. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. No. 529 - City Manager - Re: Construction By-law for Drainage Works. The report recommends that the by-law to authorize certain storm drainage works at a gross amount of $1,830,000 with a net debenture amount of $1,330,000 be approved, and that the City Solicitor be instructed to prepare a by-law authorizing that an amount of $500,000 for the Penn Central Drainage Channel construction be charged against the Expansion and Renewal Fund. ORDERED on the motion of Alderman Puttick, seconded by Alderman Crows, that the report be received and adopted. See By-law No. 75-196 No. 530 - City Manager - Re: Executive Development Program for Park and Recreation Administrators. The report recommends that Miss J. Mackenzie be authorized to enrol in this course. ORDERED on the motion of Alderman Mann,' seconded by Alderman Fera, that the report be received and adopted. No. 531 - City Manager - Re: Establishment of Architectural Conservation Advisory Committee. The report 'recommends that if Council is in fav6ur of establishing an Advisory Committee as permitted under The Ontario Heritage Act, that two members of Council be appointed as aldermanic representatives on the Committee. Alderman Thomson was of the opinion that one member of Council on the Conntttee would be sufficient, since he felt the Committee would not be an active committee. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that the report be received With the amendment that only one Aldermanic representative be appointed to the Committee, and adopted. No. 532 - City Manager - Re: Availability of Additional Land Adjacent to Grassy Brnok Park. The report recommends 1) That a resolution of Council be passed stating that the City is willing to purchase Pt. Lt. 10, Broken Front Concession compris ing 2.006 acres at 50% of the appraised value or $3,000; That a statement be prepared confirming that the City will develop the' purchased lands in Conjunction with the over-all development of the Grassy Brook Park; That a statement be prepared for the M.T.C. 'indicating that the funds for the acquisition will be made available from the 1975 Park Expenditure Budget; and 4) That the Minister be provided with an explanation of the current status of the property together with assurance that the proposal by the City will not have any detri- mental effect upon the environment in the vicinity and the City"s proposal if accepted would not appear to precipitate adverse public reaction to the scheme. ORDERED on the motion of Alderman Smeatod, seconded by Alderman Fera, that the report be received and adopted. See Resolutiqq No. 116 No. 533 - City Manager - Contract R.C. 25-75, Reconstruction of Dorchester Read from Jill Drive to Oldfield Road. The repor~ recon~nends that the unit prices -4- submitted by H.J. Voth & Sons Ltd. be accepted, and that the necessary by-law be approved. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Michael, that the report be received and adopted. See Resolution No.lll See By-law No. 75-1~ No. 534 - City Manabet - Re: W-5-2 Watercourse and Hallman Expropriation. The report advises of the decision of the Land Compensation Board regarding the subject expropriation, and that the City will be required to pay $5000, plus interest at the rate of 6% from the date of the award, September 24, 1975. The City will also be required to pay the owner's costs after taxation. ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the report be received and filed. No. 535 - City Manager - Re: Petition for Storm Sewers in Locus-Edward-Dixon and Dr,,mmond Area. The report recon=nends that consideration be given at budget time to include storm sewer construction in this area in the 1976 Local Improvement Program, that the petitioners be advised of Council's decision, and that consideration also be given at budget tIme to the construction of a sanitary sewer on Csledonia Street from Dorchester to Dunn, estimated at $170,000. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the report be received and adopted. No. 536 - City Manager - Re: Transfer of Lot 37, Plan 243 to Frank Liefl etal. The report reconuuends transfer of the subject property from Natale Graovaz to Con-Art Developments Limited, and the sale from Con-Art Developments LImited t0 Frar~ M. Liefl, Charles Allan and Douglas J.B. Wright. ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe, that the report be received and adopted. No. 537 - City Manager - Re: Wintario Grants. The report recommends that Council assist and'co-ordinate requests for Winratio Grants through the offices of the City Treasurer and Recreation Director and that all organizations and groups lis~ in Appendix II be informed of the grants pertinent to their specific programs; and that City staff and the Recreation ConFnission prepare cost and reports for capital Winratio grants for Track and Field, The Niagara South Recreation Centre (Phase 2), the Senior Citizens Recreation Centre and a major recreational facili~ in the northern part of the City. ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe, that the report be received and adopted. No. 538 - City Manager - Re: Stop Signs. The report recommends that a by-law be prepared to designate Kalar Road, Church's Lane from Portage to Stanley, and Swayze Drive as through roadways. ORDERED on the motion of Alderman Michael, seconded by Alderman?0~r, that the report be received and adopted. No. 539 - City Manaa~er - Re: Sale of Lot 32, Falls Industrial Park. The report reckends that Lot 32 be sold to Dr. Pamboukian in trust at a cost of $9,310 for the 1.33 acre site, and that the City Solicitor be authorized to draw up the necessary documents for the sale of the land. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. No. 540 '- City Manager - Re: Construction of Canopy - Former I.O.O.F. Building. The report recommends that the City Solicitor be authorized to prepare the sppr0' prints by-laws to permit' the encroachment of the canopy in accordance with the sketches submitted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeston,' that the report be received .and adopted. No. 541 - City Manager - R~: Lot 20, Falls Industrial Park. The report recomme~ that the City Treasurer be authorized to pay back the $1,000 to Mrs. Andray Travnik. ORDERED on the motion of Aldermn Mann, seconded by Alderman Patrick, that the report be received and adopted. No. 542 - His Worship, Meyer Bukator - Re: Meeting with Mr. Wm. Archer, Commissi~ Review of the Government of the Regional Municipality of Niagara. The report advises Of a meetinS set up to meet with Mr. Archer on Thursday, October 16, 197j at 4:00 p.m. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hichael, that the report be received and filed. -5 - No. 543 - City Manager - Re: Lifting of One-Foot Reserves, Plans NS-28 and 30. The report advises that in order to provide access to the Glengowan Subdivision lying between Plans N.S. 28 and N.S. 30, it will be necessary to lift the one foot reserves. It is recommended that the report be received and filed, and that the necessary by-law be approved. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the report be received and filed. See By-law No. 75-200 No. 544 - City Manager - Re: Palmar Avenue Extension and Proposed Expropriation. The report recommends that Council pass a resolution as follows: 1) That Council as the approving authority~ approve the expropriation of part of Block 43 according to Registered Plan 172 for the Town of Niagara Falls, designated as Part 2 on Reference Plan 59R-783, and part of Lot 153 according to Registered Plan 35 for the Town of Niagara Falls, designated as Parts 8 and 9 on Reference Plan 59R-783; That the Mayor and Clerk be authorized to execute the required Certificate of Approval under The Expropriations Act; That leave be granted for the introduction of the expropriation by-law; That the Director of Municipal Works be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration in the Registry Office pursuant to The Expro- printions Act; and That the City Clerk be authorized and directed to execute and the City Solicitor be authorized and directed to serve the Notice of Expropriation required pursuant to The Expropriations Act and such notices of possession that may be required to obtain possession of the expropriated lands. Alderman Puttick asked if people involved in expropriation have any recourse after approval. The Assistant City Solicitor advised that the only recourse is insofar as compensation is concerned. Alderman Patrick felt that the reason given for the extension (to connect the tourist area to Queen Street) was not the reason for the extension. ORDERED on the motion of Alderman Wallace, seconded by Alderman Michael, that the report be received and adopted. See Resolution No. 113 No. 545 - City Manager - Re: Palmer Avenue Extension and Proposed Expropriation of Csuha and Lapp properties. The report recommends that Council, as approving authority having considered the report of the Inquiry Officer, approve the proposed expropriation of the lands being that part of Block 43 according to Registered Plan No. 172 designated as Part 1 on Reference Plan 59R-783 and the lands being that part of Lot 126 according to Registered Plan No. 603 for the Town of Niagara Falls now known as Plan 283 designated as Part 14 on Reference Plan 59R-783, for the reasons as set out in the report, and that the appropriate municipal officials be directed to serve a copy of this report and the report of the Inquiry Officer upon the parties to the inquiry; That the appropriate municipal officials be authorized to execute the required certificate of approval under The Expropriations Act; That leave be granted for the introduction of the Expropriation By-law; That the appropriate municipal officials be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration in the Land Registry Office pursuant to The Expropriations Act; and That appropriate municipal officials be authorized and directed to execute and serve the notice of exproprtatton required b~ The Expropriations Act and such notices of possession that may be required to obtain possession of the expropriated lands. The City Clerk read the report of the Inquiry Officer wherein it was advised that the Officer urged the expropriating authority to consider the taking of the whole of the Csuha and Lapp properties. Alderman Michael asked if the City was intending to expropriate only a certain part of the property, when the Inquiry Officer had racism,ended all of the property. The Assistant City Solicitor advised that the Inquiry Officer had raceunhanded that the City purchase the houses on the property, and that his office was reconmending that Council not do this in that it invokes an additional expenditure, and the purchase of property not necessary for the project in terms of the route plotted out. It was further advised that the appraiser had assured staff that these people would be left with a piece of property that was useful. Alderman Thomson inquired as to whether this would be a delaying factor if the City did not change their method in acquiring the property. The Assistant City Solicitor advised that if Council decided not to take the whole of the properties, the individuals would have no recourse, other than as to compensation. It was added that it was up to Council as the approving authority to either adopt or reject the inquiry officer's report. ORDERED on the motion of Alderman Crowe,.seconded by Alderman Mann, that the report be received and adopted. See Resolution No. 11~ -6- No. 546 - City Manager - Re: Resignation of Deputy Fire Chief. The report advises that effective October 17, 1975, Deputy Fire Chief Jack Barr will be resigning from his position to accept the position of Chief of the Sudbury Fire Department. Alderman Michael asked the City Manager if the raised given to Mr. Barr earlier in the year, was given to Mr. Barr or to the position. City Manager felt that the raise was given to Mr. Barr. The Alderman Wallace asked if Council would make the decision on Mr. Barr'! replacement, or if the decision would be made by staff. The City Manager advise: that he has the authority to appoint Deputy department heads, but that the marts: would be discussed with Council prior to any appointment. He further advised that he would make a recommendation, but would supply Council with the names of other applicants as well, in view of the fact that the successful applicant will be promoted to Chief of the Department within five years. Aldermen Marrigan and Smeaton were both of the opinion that this was a matter under the City Manager~s authority, and that he was not obligated to seek Countills direction on such a matter. Alderman Smeaton further stated that he felt Council would have to rely on the Fire Chiefis opinion inmaking any appointment. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report be received and adopted. No. 547.'- City Manager - Re: I.C.M.A. Annual Conference. The report advises of the proceedings of the Annual Conference in Seattle Washington. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the report be received and filed. No. 548 - Loan Review Committee - The report recommends approval of three applications for assistance under the. Ontario Home Renewal Programme. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others in layout. No. 549 - City Clerk - Municipal Licences. Recommending the granting of municipal licerites. ORDERED on the motion of Alderman Michael, seconded by Alderman Smeaton, that the report be received and the licences granted. No. 550 - City Manager - Re: Municipal Accounts. Recommending payment of municibi accounts. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael, that the report be received and adopted. No. 551 - City Manager - Re: Breakdown of Permits issued by thetBuilding and Development Department for the month of September, 1975. ORDERED on the motion of Aideman Mann, seconded by Alderman Crowe, that the report be received and fi~ed. RESOLUTIONS No. 112 - HAREIGAN - ORR - RESOLVED that the Council of the Corporation of the · City of Niagara Falls hereby certify that the application of J. & E. Dow for the rezoning of Lot 16, Registered Plan 56 on Elizabeth Street, will conform to Official Plan Amendment. No. 28 of the Niagara Falls Planning Area, as ameMed once an amendment is approved by the.Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with Alders: Crows abstaining on conflict of interest, and all others in f~. ~o.,113 - WALLACE - MICHAEL - RESOLVED that having considered the report dated the 17th day of September, 1975 of Mr. Marold S. Goldkind, Inquiry Officer, made pursuant to section 7 of The Expropriations Act and having considered the report of the City Manager dated October 14, 1975: BE IT RESOLVEDAS FOLLOWS: a) That the Council of the Corporation of the City of Niagara Falls, as spprovi~ authority ,approve the exproprtation of the lands being that part of Block 43 accordinS to Registered Plan No,,172 for the Town of Niagara Falls designated as - 7 - as Part 1 on Reference Plan 59R-783 and the lands being that part of Lot 126 according to Registered Plan No. 603 for the Town of Niagara Falls now known as Plan 283 and designated as Part 14 on Reference Plan 59R-783, for the reasons set out in the report dated October 14, 1975, signed by the City Manager, Director of Municipal Works, Planning Director, City Solicitor and Assistant City Solicitor and that the City Solicitor be directed to serve a copy of the said report as well as the report of the Inquiry Officer upon the parties to the inquiry. b) That the Mayor and Clerk be authorized to execute the required certificate of approval under The Expropriations Act. c) That leave be granted for the introduction of the expropriation by-law. d) That the Director of Municipal Works be authorized and directed to have a plan or plans prepared showing the lands to be expropriated for registration in the Land Registry Office pursuant to The Expropriations Act. e) That the City Clerk be authorized and directed to execute and the City Solicitor be authorized to serve the notice of expropriation required by The Expropriations Act and such notices of possession that may be required to obtain possession of the expropriated lands; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl7 No. 114 - CROWE - MANN - RESOLVED that having considered the report of the City Manager dated the fourteenth day of October, 1975, BE IT RESOLVED AS FOLLOWS: a) That the Council of the Corporation of the City of Niagara Falls as approving authority, approve the expropriation of the following lands: In the City of Niagara Falls in the Regional Municipality of Niagara and being: 1) part of Block 43 according to Registered Plan 172 for the Town of Niagara Falls, desig- nated as Part 2 on Reference Plan 59R-783, 11) part of Lot 153 according to Registered Plan 35 for the Town of Niagara Falls, designated as Parts 8 and 9 on Reference Plan 59R-783; b) That the Mayor and the Clerk be authorized to execute the required Certificate of Approval under The Expropriationa Act; c) That leave be granted for the introduction of the expropriation by-law; d) That the Director of Municipal Works be authorized and directed to prepare a plan or plans showing the lands to be expropriated for registration in the Registry Office pursuant to The Expropriations Act; e) That the City Clerk be authorized and directed to execute and the City Solicitor be authorized and directed to serve the Notice of Expropriation required pursuant to The Expropriattons Act and such notices of possession that may be required to obtain possession of the expropriated lands; AND the seal of the Corporation be hereto affixed. Carried Unanimously No. 115 - WALLACE - THO~ON - RESOLVED that WHEREAS a request has been received from the City of Niagara Falls Board of Museums soliciting the Council% endorsation of a petition that the Board be designated as a non-profit charitable organization; AND Wf~EREAS such designation would encourage residents to make donations of greater value to the Lundyws Lane and Willoughby Historical Museums; NOW TP~REFORE be it resolved that the Council of the City of Niagara Falls hereby approves of the registration of the application by the City of Niagara Falls Board of Museums to be designated as a non-profitable charitable organization for the purpose of receiving donations for the improvement and betterment of the Niagara Falls and Willoughby Museums; AND the Seal of the Corporation be hereto affixed.' Carried. ~nanimously No. 116 - SMEATON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Fails is willing to purchase part of Lot 10, Broken Front Concession comprising 2.006 acres at 50% of the appraised value or $3,000 for the purpose of developing the Grassy Brook Park; AI~) the Seal of the Corporation be hereto affixed. Carried Unanimously . No. 117 - SMEATON - MICHAEL - RESOLVED that the unit prices submitted by H.J. Voth and Sons Limited for the reconstruction of Dorchester Road from Jill Drive to Oldfield Road be accepted at the tendered price of $91~532.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 118 - HARRIGAN - MANN - RESOLVED that WHEREAS following lengthy Council meetings the members of Council have on numerous occasions been called upon to make important decisions, AND WHEREAS it is the opinion of Council that some effort be made to limit the duration of Council meetings; .-8- NOW THEREFORE BE IT RESOLVED that By-law No. 72-148, being a by-law to provide for the standing rules of Council be amended to provide for an automatic adjournment of the meeting at 11:00 p.m. unless a resolution to the contrary is passed by a majority of the members of Council; and BE IT FURTHER RESOLVED that the provision fbr automatic adjournment at 11:00 p,m. become effective immediately; AND the Seal of the Corporation be hereto affixed, Carried Unanimousl~ It was moved by Alderman Wallace, seconded by Alderman Harrtgan, that effective {-..ediately, Council Connittee sessions held on every alternate Monday are hereby terminated, and further that regular formal Council meetings be held every Monday evening. The motion Passed with the following vote: AYE: Aldermen Crows, Fera, Harrigan, Mann, Michael, err, Puttick, Thomson and Wallace. NAYE: Aldermen Schisler, Smeaton and Stewart. It was moved by Alderman Thomson, seconded by Alderman Michael, that By-law 6867, 1965 as amended by By-law 75-111 be amended immediately to delete authority for the collection of fees from persons using the Landfill Site. The motion Carried with Aldermen Crows and Wallace voting contrary, and all others in layout, It was moved by Alderman Wallace, seconded by Alderman Harrigan, that staff prepare a report containing suggested amendments to the by-law, incorpora- ting suggestions made during the discussion of this item. The motion Carried unanimously. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan, that the following by-laws be now read a third time: No. 74-262- A By-law to authorize the acquiring, establishing, laying out and improving certain lands on Park Street in the Downtown Conmercial Area of the City, for the parking of vehicles. No. 75-38 - A By-law to authorize the construction of certain works in the Glenview Redevelopmerit Area of the City. No. 75-39 - A By-law to authorize the construction of a storm sewermain as an improvement and extension to the sewage systeh in the Urban Service Area of the City. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Harrigan, that leave be granted to introduce the following by-law, and the by-law be given a first reading: No. 75-196 - A By-law to authorize the construction of improvements'and extensl0~ to the sewage system of the City. Carried Unanimousl~ ORDERED on the motion of Alderman Wallace, seconded by Alderman Fera, that the By-law be now read a second ,time: No. 75-196 - A By-law to authorize the construction of improvements and exte~i~ to the sewage system of the City. Carried UnanimousIX ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan,.that ,leave be granted to introduce the following by-laws, and the by-laws be given a first reading: No. 75-181 No. 75-194 A By-law to provide for the adoption of an amendment to the Plan of the Niagara Falls Planning Area. (J, & E, Dew, AM-18/75) A By-law to amend By-law No. 2530, 1960' of the Former Township Stamford, now in the City of Niagara Falls as amended, (AM-18/75) No. 75-197 - A By-law to amend By-law No. 75-31, as amended by By-law No. providing for the appointment to certain beards, cuu~lssions and - 9- No. 75-198 - A By-law to authorize the execution of an agreement with H.J. Voth and Sons Limited for the construction of a storm sewer and base road. No. 75-199 - A By-law to authorize the execution of an agreement with Canadian British Engineering Consultants (1971) Limited. No. 75-200 - A By-law to establish certain one foot reserves as public highways. No. 75-201 - A By-law to provide monies for general purposes. Carried with Alderman Crows abstaining on a conflict of interest on By-laws 75-181 and 75-194, and all others in favour. ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the following by-laws be now read a second and third time: No. 75-181 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 75-194 - A By-law to amend By-Iaw No. 5230, 1960 of the Former Township of Stamford, now in the City of Niagara Falls as amended. No. 75-197 - A By-law to amend By-law No. 75-31, as amended by By-law No. 75-107,' providing for the appointment to certain boards, commissions and committees. No. 75-198 - A By-law to authorize the execution of an agreement with H.J. Voth and Sons Limited for the construction of a storm sewer and base road. No. 75-199 - A By-law to authorize the execution of an agreement with Canadian British Engineering Consultants (1971) Limited. No. 75-200 - A By-law to eatallah certain one foot reserves as public highways. No. 75-201 - A By-law to provide monies for general purposes. Carried with Alderman Crows abstaining on a conflict of interest on By-laws 75-181 and 75-194, and all others in favour. NEW BUSINESS LYONS CREEK It was moved by Alderman Smeaton, seconded by Alderman Stewart that staff be instructed to prepare a report investigating thoroughly the possibility of future improvements of the Lyons Creek Watercourse in order to make that Watercourse more readily available to the public for full recreational facilities. The motion Carried unanimously. POLICE INSPECTION IN COMI~RCIAL AREAS Alderman Smeaton advised that in the Clifton Hill area, there is no check made on rear doors of commercial establishments and museum by the Police. He was also concerned about a number of the small plazas in the City and requested that a clarification be supplied. It was then moved by Alderman Smeaton, seconded by Alderman Thenmen, that an investigation be made on what commercial areas are being checked, and which are not, ~ndh~f any, it should be appealed to the Police Commission. The motion Carri~fi. unanimously. ..MUNICIPAL REPRESENTATION ON POLICE CO~21ISSION Alderman Thomson referred to a previous request for a resolution to be forwarded to all municipalities in the Region regarding municipal representation on the Police Co~mxission. The City Clerk advised that the rusolution would be prepared for the hext meeting. - 10 - COUNCIL APPOINTEE TO THE HUNARE SOCIETY Alderman Thomson advised that he would willing to serve as Council~ appointee to the Humane Society to fill the recent vacancy created by Alderman Puttick's resignation, from the Society. STREET NAME CHANGES Alderman Thomson referred to the confusion experienced by the public regarding certain proposed street name changes. He suggested that a joint meeting be held with the Planning & Development Committee and Council to allow some public input on the matter. Alderman Harrigan advised that he was not opposed to this suggestion, but felt that it would be somewhat difficult s inca there are seventeen members on the Committee, and the discussion would be unwieldy. In continuing the discussion, Aldermen Mann and Michael referred to the proposed change in the name of Main Street in Chippawa, and both stressed the residents objection to any change. IPRBAN RENEWAL SCHEME Alderman Puttick referred to the former Urban Renewal Committee set up to consider an Urban Renewal Scheme. He suggested that this Committee be reactivated with a view to develop plans for a court house, and beautificati0n of the Victoria Avenue - Valley Way area. It was moved by Alderman Puttick, seconded by Alderman Thomson, that staff look into the possibility of an Urban Renewal report for a court house and the beautification of the Victoria Avenue- . Valley Way area. The motion Carried unanimously. SOUTH END BUSINESS DISTRICT Alderman Puttick advised that suggestions had been made at the south end market regarding development of the area in a "colonial" fashion. He advised that the area is ideal, in that there are no over-hanging signs and very well equipped to handle parking. LIGHTING IN COUNCIL CHAMEERS Alderman Harrigan requested that steps be taken to improve the lighting on the Council Chambers, particularly on the wall where maps are usually posted. He advised that he found it very difficult to see maps and drawings posted due to the poor lighting. The Municipal Works Director advised that he would check into the matter. RATE SIGNS - MOTEL~ ON LUNDY'S lINE Alderman Michael requested that an investigatiSn be made into the erection of signs on Lundy's Lane, indicating off-season rates for a number of motels. The N.R.T.A. is deeply concerned with this type of advertising. AGE RESTRICTION - NIAGARA SOUTH ARENA Alderman Michael advised of a call he had received regarding the age restriction on Wednesday nights at the Niagara South Arena. Apparently the age limit is eighteen years of age and older, and there are many younger people in the area that would like the use of the Arena on Wednesday evenings. Alderman Mann advised that the age restriction had been set to allow adults and senior citizens to use theLice in a more liesurely manner. It was moved by Alderman Michael, seconded by Alderman Mann, that the matter be referred to the Recreation Director regarding the possibility of lowering the'age limit. The motion Carried unanimously. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the meeting adjourn to Comitt~fu~e Whole. CLE. ~YOR Cc~lttee Room #1 October 14, 1975 Council met. in'G,.., v.* ,~'the Whole on Mov~ay, October 14, 1~75 - 11 - following a regular meeting of Council. Alderman Fera p~esided as Chairman. All Members of Council were present. Following consideration of the items presented, the Committee of the Whole arose without reporting~. MD AND ADOP~D, d Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present.! His. Worship, Mayor Bukator presided as Chairman. MAY OR Council Chambers October 14, 1975 The meeting adjourned. READ ADOPTED, MAYOR THIRTY-FIRST MEETING Committee Room#1 October 20, 1975 Council met in Committee of the Whole at 7:00 p.m. on Monday, October 20, 1975. All Members of Council were present with the exception of Alderman Crows and Alderman Wallace. His Worship, Mayor Bukator presided as Chairman. Following consideration of t~h~a~presented, the Committee of the Whole arose without reporting. b 4 MAYOR Council Chambers October 20, 1975 Council met on Monday, October 20, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Crows and Wallace. His Worship, Mayor Bukator presided as Chairman. Alderman Michael offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the minutes of the meeting of October 14, 1975, be adopted as printed. UNFINISHED BUSIHESS SHRINER'S CREEK ENVIRONMENTAL IMPACT STUDY In accordance with Council's direction of September 22nd, 1975, the matter of a decision on the proposal to be followed in developing Shriner's Creek was discussed. Communication No. 106 - Niagara Peninsula Conservation Authority - The communica- tion advises that once Council reaches a decision on this matter, the Authority will be requesting approval and/or comments from the Province. If there are any suggestions or directions from the Province, the Authority will advise the City and discuss the next steps at that time. Mr. R. Ryan of Proctor & Redfern was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Smeaton. Mr. Ryan apologized for the misunderstanding involved in submitting a written report to Council and proceeded to verbally comment on the submissions submitted on October 6th, 1975. He classified these items as political policy items, and technical iteM. The concerns raised in the submissions of a technical nature were s,~mnrized in ten points, and Mr. Ryan provided clarification and solutions on these points. Mr. Ryan concluded his remarks by stating that the concerns in the submissions were valid, but that there were answers for the concerns and workable solutions available to deal with the concerns. He then answered a number of questions raised by members of Council on the matter. Members of Council expressed their views on the subject, regarding the resulting proposed development, land costs, financing for the scheme, and the effect on wells in this area. The City Manager and Municipal Works Director provided clarification on a number of the points raised by Council. Following considerable discussion on the matter, it was moved by Alderman Mann, seconded by Aldermen Smeaton, that Alternative ~8 be accepted. The motion Carried with Aldermen Puttick voting contrary, and all others in favour. I~NDFILL SITE ~ES BY-LAW Report No. 552 - City ~anager - The report recommends that a small committee of Council be formed to meet on the metter of revising the existing by-law, with Mrs. Walker, a delegation of her clients and staff to discuss the metter. It is suggested that three members of Council, including the Mayor be desig- nated as a committee of Council to discuss the metter and meke recommendations to Council. ORDERED on the motion o~ Alderman Thomson, seconded by Aldermen Fers, that the report be received and adopted. . .... 2 COMMUNICATIONS No. 107 - Niagara Regional Board of Commissioners of Police - Re: Report on the investigation of an incident on August 26, 1975. Alderman Fern stated that although the report outlined the action taken by the Police, the persons reporting the incident had not been notified of the outcome of the situation. He felt that this policy was illogical, and that the people involved would greatly appreciate receiving a report from the police. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the communication be received and filed. REPORTS No. 553 - City Manager - Re: Ministry of Transportation & Communications Training Courses. The report recommends that the Director of Municipal Works be authorized to submit applications for twelve staff members to attend the 1976 M.T.C. Training Courses fdr municipal employees. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 554 - Recreation Commission - Re: CommUnity Education Report. The report recommends that Council approve in principle, Appendix B and C (attached to the report) as. revised, and that the Niagara South Board of Education be notified of Council's decision. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report of the Recreation. Commission be received and the reccamuendations adopted. NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 555 - City Manager - Re: Store Closing Hours. The report advises of proposed legislation to be introduced before mid-November to deal with shoppi~ on Sundays and still unspecified public holidays. It is recommended that no further action be taken until the proposals of the Province become finalized. Alderman Thomson felt that while the City is waiting for the proposed legislatlon to become finalized, steps should be taken to compile information for the preparation of a municipal by-law controlling store hQurs. ORDERED on the motion of Alderman Thomson, seconded by Alderman gmeaton, that submissions be made from local business and retail establishments, as well as the public on the regulation of store hours. It was further moved that copies of by-laws from other municipalities be received, and that a Committee be set up comprised of the Mayor, and staff to prepare an appropriate by-law to regulate store hours. NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 556 - City Manager - Re: Exemption of Certain Lots in P~an M-22 from Part Lot Control. The report recommends that Council give three readings to the appropriate by-law exempting certain lots from part lot control, and that any costs arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fe~a, that the repdrt;ba~received and.adopted. NOTE: ~l~a~wg~ Michael was absent when the vote was See By-law No. 75-2~ this matter. .No. 557 - City Manager - Re: Exemption of Certain Lots in Plan 260 from Part Lot Control. The report recommends that Council give three readings to the appropriate by-law exempting certain lots from part lot control, and that any coats arising from the registration of the by-law following its approval by the Ministry be assumed by the applicant. ORDERED on the motionof Alderman SchiSler, seconded by Alderman Orr~ that the ~eport be received and adopted. See Byelaw No. 75-20j NOT~:. Alderman Michael was absent when the vote was taken on this matter. No. 558 - City Mana~r - Re: City Water Rates. The report recommends that s water rate increase e adopted to take effect with the first billing following January 1, 1976, end that the Water RatesBy-law No. 75-20 be amended to reflect the new rates. In response to questions raised by members of Council, t~eCtty Manager explained that the increases reflect the increased work throughout the Region, The 8uBested stagin~ will be set up 8o that residents are no~ faced with a - 3 o large increase at one time. The proposed increase wilI remain in effect for seventeen months, with the remaining staged increases to be approved in principle. The further staged increases, although approved in principle, will be reviewed by Council prior to implementation. It was moved by Alderman Puttick, seconded by Alderman Fera, that the report be tabled for further discussion. The motion was Defeated with the following vote: AYE: Aldermen Fera, Orr and Puttick. NAYE: Aldermen Marrigan, Mann, Michael, Schisler, Smeaton, Stewart and Thomson. It was then moved by Alderman Smeaton, seconded by Alderman Orr, that the report be tabled until further information is received, providing a comparison of the history of increases for the Cities of St. Catharines and Welland. The motion Carried with Alderman Schisler voting contrary, and all others in favour. No. 559 - City Manager - Re: Niagara South Board of Education Requests - Ascot Woods Subdivision. It is recommended, subject to the approval of the Niagara South Board of Education, that the City Manager be authorized to take the necessary steps to provide the pedestrian walkway from Ascot Woods Subdivision to Montrose Road and to construct a sidewalk on the east side of Montrose Road from Wanless Street to Highway {[420. Mr. G. Hamilton, representing the Niagara South Board of Education, was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Harrigan. Mr. Hamilton explained the reason for the Board~s request, in that bus service was not available to students in the area, and the students are required to travel along several heavily travelled roadways, where no sidewalks are provided. He commended Council's action in dealing with the matter. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Thomson, that the report be received and adopted. NOTE.:-~AldermanMann was absent when the vote was taken on this matter. No. 560 - City Manager - Re: Proposed Portage Green Plan of Subdivision. report recommends that the Minister of Housing be requested to amend the conditions of approval by deleting the requirement for street widening in front of Lot 63 on the proposed plan of subdivision. ORDERED on the motion of Alderman Michael, seconded by Alderman Orr, that the report be received and adopted. The No.'561 - City Clerk - Re: Application of R. Leger for a Hawker & Pedlar Licence. The report advises of the application of Mr. Rolland Leger to sell key chains on a door to door basis. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Fare, that the application be denied. The motion Carried with Alderman Smeaton voting contrary and all others in fayour. No. 562 - City Clerk - Municipal Licences. Recommending the granting of municipal licences. ORDERED On the motion of Alderman Schisler, seconded by Alderman Thomson, that the report be received and the licences granted. No. 563 - City Manager - Municipal Accounts. Recommending payment of municipal accountS. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 564 - City Manager - Re: Parking on Dock Street. The report recommends that parking be removed from the northeasterly side of Dock Street from Main Street to Welland Street. ORDERED on the motion of Alderman Mann, seconded by Alderman Thanson, that the report be received and adopted. RESOLUTIONS No. 119 - THOFaON - SMEATON - RESOLVED that WHEREAS Section 109 (1) of The Regional Municipality of Niagara Act provides that membership of the Niagara Regional Board of Commissioners of Police shall include two members of the Regional Council, appointed by resolution of the Regional Council; AND W~REA8 the method of selection used by the Ragions1 Council does not -4- provide assurance that each area municipality within the Region will have an opportunity of having a representative on the Commission; AND WHEREAS it would appear advantageous to both the Board of Con~nissioners of Police and to the area municipalities to have the Regional representatives appointed on a rotating basis from the area municipalities, in order that Commission decisions might reflect the various situations relative to police work that arise throughout the entire Region; NOW THEREFORE BE IT RESOLVED THAT in order to provide that each area municipality.will be given an opportunity of having its representative serve as a member. of the. Board of Commiss ionera of Police, the Council of the Regional Municipality of Nia'gara be requestedto adopt'ra policy to provide for the appointment of the Regional representatives on the Niagara Board of Commissioners of Police on a rotating basis according to population; and further that this resolution be forwarded to all area municipalities within the Regional Municipality of Niagara for endorsement, and to Mr. William L. Archer, Q.C., Study Review Commissioner; AND the Seal of the Corporation be hereto affixed. CARRIED UNANIMOUSLY BY-lAWS ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that leave be granted to introduce the following by-law, and the by-law be given a first reading: No. 75-202 - A By-law to authorize the construction of improvements for a municipal market. CARRIED UNANIMOUSLY ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the ..By-law be now read a second time: No. 75-202 - A By-law to authorize the construction of improvements for a municipal market. CARRIED UNANIMOUSLY ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: No. 75-203 - A By-law to amend By-law No. 3791, 1946, designating through highways in the City of Niagara Falls. No. 75-204 - A By-law to designate certain land not to be subject to part lot control. (Plan M-22) No. 75-205 - A By-law to designate certain land not to.be subject to part lot control. (Plan 260) No. 75-206 - A By-law to authorize the.execution of an agreement with Sunnylea Construction Lhnited. No. 75-207 - A By-law to amend By-law No. 72-148, to provide for the standing rules of the Council. :-- ~ No, 75-208 - A By-law to provide monies for general purposes. CARRIED UNANIMOUSLY ORDERED on the motion of Alderman Schisler, seconded by Alderman err, that the following by-laws be now read a second and third time: No. 75-203 - A By-law to amend By-law No. 3791, 1946, designating throug~ highways in the City of Niagara Falls. No. 75-204 - A By-law to designate certain land not to be subject to part lot control. (Plan M-22) No. 75-205 - A By-law to designate certain land not to be subject to part lot control. (Plen 260) No. 75-206 - A By-law to authorize the execution of an agreement with Sunnylea Construction Limited.. No. 75-207 - A By-law to amend By-law No. 72-148, to provide for the standin8 rules of the Council. -5 - No. 75-208 - A By-law to provide monies for general purposes. CARRIED UNANIMOUSLY NEW BUSINESS SHIPMENT OF DANGEROUS MATERIALS - PENN CENTRAL RAILROAD Alderman Smeaton expressed concern over the possible shipment of dangerous chemicals and gases by the Penn Central Railroad through one of the most densely populatedareas of the City.. It was felt that in order to protect the residents of the City, they should be made aware of the contents of chemical tank cars travelling through the City. It was moved by Alderman Smeaton, seconded by Alderman Mann, that staff approach the Penn Central to determine if dangerous gases, chemicals or explosives are being transported through the City, and if so, in what volumes, and the timing of shipments. It was further moved that staff attempt to determine whether the United States military authorities are using Penn Central routes throughout the City, to transport dangerous materials. The motion Carried unanimous ly. AR-19/75, S. STANTE ON ROBINSON STREET Alderman Puttick asked if the report he had requested regarding the construction of a three unit apartment building prior to approval of the rezoning application by Council. It was advised that the report would be available for the next meeting. SIDEWALK ON PROSPECT STREET - GULF STATION Alderman Puttick referred to a request he had made for a report on the replacement of a sidewalk on Prospect Street at Drummond Road. The Municipal Works Director advised that no sidewalk had previously existed in this location, and no provision had been made in the site plan for the construction of a sidewalk. The sidewalk would have to be constructed at the City's expense, and would be installed in the existing grass area, providing greater safety than simply painting lines for a pedestrian walkway. PRELIMINARY BUDGET SUBMISSIONS Alderman Puttick suggested that the preliminary budget submissions of each department be submitted to Council, so that when the final draft budget is prepared, Council would be aware of the items deleted. It was moved by · Alderman Puttick, seconded by Alderman Smeaton, that Council be supplied with perliminary budget submissions of all departments, for evaluation and perusal. The motion Carried unanimous ly. ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE It was moved by Aiderman Themson, seconded by Alderman Harrigan, that Mr. F. Pettie, local historian, be appointed to the Architectural Con- servation Advisory Committee. The motion Carried unanimously. BUS SHELTERS ~ ... '. Alderman Thomson requested additional information on bus shelters erected in certain areas of the City for senior citizens, particularly with · regards to vandalism, to determine if it would be advisable to have additional shelters erected. RATE SIGNS - MOTELS ON LUNDY'S LANE Alderman Michael referred to a request he had made for an investigation of the erection of rate signs by certain motels on Lundy's Lane. The Municipal Works Director advised that a report had been sent to the Alderman, and he would likely receive it in the mail shortly. ~GE RESTRICTION - NIAGARA SOUTH ARENA Alderman Michael asked if the Recreation Commission had considered the lowering of the age restriction for skaters at the Niagara South Arena on certain nights. Alderman Mann advised that a meeting was scheduled for the 21st of Octobers w|~rein tile matter would be discussed. A report would be - 6 - available for Council fs consideration at the next meeting. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fera, that the meeting adjourn to Committee to Committee of the Whole. READ AND ADOPTED, MAYOR Committee Room #1 October 20, 1975 Council met in Committee of the Whole on Monday, October 20, 1975, following a regular meeting of Council. All Members of Council were present with the exception of Aldermen Crows and Wallace. His Worship, Mayor Bukator presided as Chairmen. Following cons ideration of the items presented, the Committee of the Whole arose and reported session. READ ADOPTED o. Council Chambers October 20, 1975 Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of Aldermen Crows and Wallace. His Worship, MAyor Bukator presided as Chairman. Report No. 565 - City Manager - Re: Niagara Falls Strmmer Hockey School. The report recordsends ths~'authority be given to prepare an agreement with the group acceptable to Council, for the operation of a s~er hockey school. ORDERED on the motion of Alderman Michael, seconded by Alderman err, that the Niagara Falls Minor Hockey Aseociationfs proposal to operate a s--~er hockey school be accepted, and that staff be authorized to prepare the necessary agreement. ~ The meeting adJou~~a , THIRTY-SECOND MEETING Council met in Committee 1975. All Members of Council as Chairman. Cor~nittee Room #1 October 27, 1975 of the Whole at 7:00 p.m. on Monday, October 27, were present. His Worship, Mayor Bukator presided Following consideration arose without reporting. READ A ADOPTED, c "7 of the items presented, the Committee of the Whole MAYOR Council Chambers October 27, 1975 Council met on Monday, October 27, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Smeaton offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Aldermen Mann, seconded by Aldermen Fera, that the minutes of the meeting of October 20, 1975, be adopted as printed. DEPUTATIONS PPagP~SED~QN~ARIO HOUSING CORPORATION SUBDIVISION Mrs. J. Vincent was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Fera. Mrs. Vincent advised that she was representing the residents in the area of Moatrose Road, south of Lundy~s Lane who were objecting to the proposed O.H.C. development on Moatrose Road, near the St. George Serbian Church property. The objections were as follows: 1) The zero lot llne proposal would involve very compact homes with no "space to breathe"; 2) Loss of privacy; 3) Devaluation of homes in the area; 4) Increased vandalism due to overcrowding of homes and lack of playgrounds; 5) No room for garden plots; and 6) Narrowness of the streets and parking of cars in front of the proposed homes would leave little space for travel on the roads. Mrs. Vincent offered a number of suggestions that could solve several of the problems. It was suggested that homes be built on at least fifty foot lots to blend in with the existing development and the new subdivisions being constructed in the area; That the street des ign be revamped to provide for straight line roads off Moatrose Road and into the proposed subdivision rather than the curved design presently proposed; Provision for adequate central recreationel facilities for the entire subdivision rather than Just a stage at a time; That comparable homes to theirs be built by O.H.C. instead of the zero lot line development and townhousing proposed. In summary, it was requested that s meeting be set up between representatives of Ontario Housing Corporation in order that a satisfactory plan of..subdivision can be developed rather than the plan proposed. The Planning Director provided clarification on the proposed development in response to a number of questions raised by members of Council. Following further discussion, it was moved by Alderman Mann, seconded by Alderman Orr that the matter be referred to the Planning & Development Committee in order that a meeting can be set up with the objectors and O.H.C., after which recommendations on the proposed development will be con- sidered by Council. The motion Carried unsnimously. UNFINISHED BUSINESS NIAGARA SQUARE His Worship, ~yor Bukator advised that ssa result of a meeting several weeks ago, agreements have been s igned between Mardress Investments and Cambridge Leaseholds to develop the Niagara Square proposal. Cambridge is interested in - 2- -3- investing in Niagara Falls. This firm is strictly in the shopping centre business, and to date, have developed roughly thirty plazas. Among the plazas Cambridge has developed are Devonshire, Burlington Mall, Quinte Mall, Bayshore, LYnden Park and Gerrard Square. His Worship introduced Mr. Charles J. Megwood, Vice President of Cambridge Leaseholds. Mr..Magwood stated that it was a pleasure on behalf of Cambridge, to appear before Council with good news both for the City and his firm. Cambridge has now completed the purchase of controlling interest in Mardress, and in effect, Mardress is now Cambridge Leaseholds. The plaza will be a Cambridge production, and Cambridge through Mardress, will be the owner, operator, manager and developer of Niagara Square. Work on the project will be conunencing irmmediately, with a tender call available in February of 1976. Discussions are being held with a number of possible major tenants. Construction will commence in 1976, with a Spring opening in 1977. All outstanding debts of Mardress will be retired, once final arrangements are completed.' Mr. Megwood advised that he looked forward to working in Niagara Falls on the project, and offered to ~rovide any additional information requested by members of Council. Alderman Thomson asked if the same bag ic concept as previously suggested would be followed, and if the industrial section would still remain in the proposal. Mr. Megwood advised that there was no specific commitment on the configuration of the building, but that discussions were being held with all interested parties. As part of the agreement signed byMardress which Cambridge has assumed, the industrial section will be developed. Alderman Thomson then asked what involvement Mr. Routledge would have with the project. Mr. Megwood stated that Mr. Routledge retains an equity poe ition as a passive investor, and that control would be in the hands of Cambridge. AIderman Wallace asked if Cambridge would be signing the servicing agreemar as a principle to the agreement. Mr. Megwood replied that Cambridge will do as Council requires, but preferred that the City be satisfied that Cambridge, through Mardress, would respect the Mardress covenant. Alderman Wallace then asked when the presentation of the design of the plaza and site plan would be made, and if the servicing agreement could be signed at theft time~ Mr. Magwo0d advised that the design would be ffnalised roughly around Christmas, but that if the agreement was not signed until then, this added condition would create further delay. Cambridge would like some security that the City will approve the project. Alderman Wallace asked what assurance the City would have that Cambridge will develop a large shopping centre as opposed to' the community oriented type. Mr. Megwood advised that he was not aware that there was any commitment to build a plaza of the quality and design to which the Alderman was referring. NOTE: His Worship, Mayor Bukator retired from the meeting. RESOLUTION No. 120 - SMEATON - ORR - RESOLVED that Alderman W. Thomson be appointed as Presiding Officer during the absence of Mayor Bukator, for the meeting of October 27, 1975; AND the Seal of the Corporation be hereto affixed. Carried Unanimously CITY WATER RATES Report No. 565 - City Manager - The report provides a summary of past and present residential water rates for Niagara Falls, St. Catharines and Welland, and the cost of.water to the municipalities being purchased from the Region. The .report advises that the reason for the increase was based on projected costs to operate the system, and that increases be made in an orderly and planned fashion to avoid an unduly large increase in one year. The Deputy Treasurer provided clarification on a number of .questions raised by members of Council. It wan moved by Alderman Puttick, seconded by Alderman Stewart, that the report be received and adopted, and that Schedules 4 and 4A be adopted. The motion Carried with the following vote: AYE: Aldermen Crowe, Fera, Harrigan, Mann, Michael, Puttick, Schisler, SmeatonI and Stewart. NAYE: Aldermen Orr and Wallace. COMMUNICATIONS No. 108 - Chamber of Commerce - The communication extends congratulations and appreciation to Council for their recent decision to rescind the landfill site fees. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the communication be received and filed. No. 109 - Regional Municipality of Niagara - Re: Functional Reports Proposed -Grade Separations City of Niagara Falls. The communication advises of a meeting on October 30, 1975, to hear submissions from two consulting firms with respect to completion of functional reports for proposed grade separations in Niagara Falls.(Dorchester Road and Drummond Road). Aldermen Mann and Michael both expressed their concern that unless there was a well-known major tenant such as Simpsons, Eatonslot the Bay, that' the plaza would not attract customers. Mr. Ma~wood advised that Cambridge has signed Robinsons, which is owned by the Bay, and Dominion. There has been no requirement to date on the particular atores to be located in the plaza, but he assured Council that in the firat phase, Cambridge will be developing a centre with 375,000 square feet of space, involving sixty satellite storea as opposed to a community oriented plaza such as the K-Mart in St. Cathariues, with 110,000 to 130,000 square feet. Alderman Puttick stated that there was not 100% agreement of Council on the servicing agreement. He felt that it would be a very narrow vote to grant Cambridge the suhdivision agreement. He stressed that he did not want taxpayera' money used to develop this plaza, and stated that if Cambridge attempted to make any change in the:,agreemant, it would not be allowed. If Council so desired, they could change the agreement. Mr. Megwood advised that the existing agreement was the most onerous agreement he had ever examined as a lawyer and developer, and conmended Council for. bringing the 'developer to this point. Cambridge as Mardress is bound by the agreement, but if Council makes this agreement more onerous, he could not predict what reaction Cambridge would have. Alderman Crowe stated that Council was still dealing with the same firm, Mardress, which is now owned by Cambridge. Once the letter of credit is posted, the City is bound to sign the agreement. Any site plan would be brought back before Council for approval. Council does have control and should not delay the agreement, but accept the word of Cambridge at face value. Alderman Smeaton agreed, and stated that Council had only two choices, to go ahead with Cambridge, or start over again and wait another four or more years. Alderumn Marrigan asked if any thought had been given to a grade separation at Thorold Stone Road. The Municipal Works Director advised that the Region has engaged a consultant for a design of a grade separation, and the project is actively underway at the present time. Regional Councillor Mitchelson advised that he would cheek into the matter at the Regional Public Works & Utilities Committee meeting. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the communication be received and filed, and ~hat any interested members of CounCil attend. REPORTS No. 566 - Planning & Development Committee - Re: AM-3/75, City of Niagara Falls, Kalar Road. The Committee recommends that Council approve the application subject to Development Control under Section 35a. of The Planning Act, and further that Council, by resolution, certify 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 Michael, seconded by Alderman Fera, that the recommendation of the Planning & Development Committee be adopted. See Resolution No.121 See By-law No.. 75,-22.09 No. 567 - Planning & Development Committee - Re: AM-25/75, Maatrolannf & Lovell, Lundy's Lane. The Committee recommends that Council approve the application subject to Development Control, that the pool hall licenee be withdrawn It was moved by Alderman Crowe, seconded by Alderman Thomson, that Council officially ~elcome Cambridge to Niagara Falls, and wish them luck in .... 4 their development of the HieSere Square plaza. The motion Cattle4 unanimouslY. J simultaneously when the motel licerice is issued, and that Council certify by I resolution, that the application will conform to Official Plan Amendment No. 28 · ! for the Niagara Falls Planning Area, as amended, once an amendment is approved '. by the Minister of Housing. It is further recommended that Council Lpt Amendment No. 77 by by-law. -4- The City. Clerk read a letter of objection from Mr. G.E. Herties .received at his office. Mrs. P. Walker, representing. the applicant, advised that meetings have been held with the objectors, and every attempt has been made to satisfy the objections raised by the area residents, and Council. Mr. E. Pattison was granted permission to address Council on the motion of Alderman Smeaton, seconded by Alderman Mann. Mr. Pattison expressed concern that the sewer on Depew Avenue was too small to handle the drainage from the proposed motel, and asked if a sewer is required, who would be required to pay for the work. The Municipal Works Director stated that mostof the property in question will drain to Lundy's Lane, shbject~zto~,some filling and site plan control, where there isra storm sewer ~a~ge_.eneughu~O handle the run-off. This will be a condition of thezsite plan,.howeverJifca s~wer~is!~equired, it .could be paid for through the general rate of the urban service area. Alderman Puttick expressed concern over the operation of the pool room. Mrs. Walker assured that the pool room would be closed when the motel opened, and assumed that the space would be used for storage. It was moved by Alderman Harrigan, seconded by Alderman Smeaton, that the recommendations of the Planning & Development Committee be adopted. The motion Carried with the following vote: AYE: Alder.men CrQwe,_'Fe_ra~ Harrlgan, Micbaels!Orr, Puttick,.Schisler, Smeaton and. Wallace. See Resolution No. ll] ~l NAYE: Alderman Mann and Stewart. See By-laws 75-210,75.! 14 No. 568 - City Manager - Re: Site Plan Approval, Proposed Townhouse Development, != Ontario Housing Corporation, McLeod Road east of Drummond. The report recomnends = that the site plan be approved as submitted. ORDERED on the moti6n of Alderman Smeaton, seconded. by Alderman Crows, that the report be received and adopted. No. 569 - Planning & Development Committee - Re: Notification for Zone Change. The report advises that due to the postal strike, it is not possible for the Planning Dept. to send out notices of pending rezoning applications. The Committee recommends that notification be delivered by staff personally to home owners affected and by telegrams so that a written record can be obtained that the resident received the information. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the recommendation of the Planning & Development Committee be adopted. No. 570 - City Manager - Re: Group Co-Operative Fuel Oil Heating Tender, 1975-76, The report recommends that the low price submitted-by Shell Oil Company be accepted. ORDERED on the motion of Alderman Smaaton, seconded by Alderman Stewart, that the report be received and adopted. No. 571 - City Manager - Re: Cdntract L.I. 27-75, Local Improvement Road and Storm Sewer Construction. The report recomamnds that the unit prices submitted by Hard Rock Paving Company Limited be accepted, subject to receipt of O.M.B. approval of additional financial authorization; that the Solicitor be instructed to prepare a by-law to authorize the increased financial authorization for the 1974 Local Improvement Road and Storm Sewer Construction; and that the by-law authorizing the execution of the agreement with }lard Rock Paving be given the necessary readings. . ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the report be received and adopted. See Resolution No.l~ See By-law No. 75-2]~ No. 572 - City Manager - Re: Contract G.C. 40-75, Sewermain, Watermain and Base Road Construction in Parkway Gardens Subdivision. The ~eport reckends that the unit prices submitted by Provincial Construction be accepted, and that the by-ls~ authorizing the execution of the agreement with Provincial Construction be gi~n the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the reper~ be received and adopted. See Resolution N0.1~ See By-law No. 75.2J! No. 573 - City Maeager - Re: Buckley Avenue Schema - Land Acquisition for Additional Apartments. The repo~t tec~nends that the resolution requesting - 5- a loan from Central Mortgage & Housing Corporation from the Municipal Land Assembly Fund in the amount of $320,000 for the purpose of a housing project on Bucklay Avenue be approved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 126 No. 574 - City Manager - Re: Bikeway Route. The report recommends that the existing bikeway routes continue to be made available for the residents of the City as follows: a) The routes away from unauthorized vehicles be designed to eliminate such motorized vehicles; b) The Queen Street route be changed and a lesser travelled and safer street be used. It is further recommended that the next stages of the bikeway route be held in abeyance to be evaluated and reviewed by Council in October of 1976. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the report be received and adopted. No. 575 - City Manager - Re: Drummond Road South Redevelopment Area. The report recommends that the by-law designating the Drurmnond south area as the 1975 N,I.P. area for the City be given the necessary readings, and that the resolution authorizing staff to make application under Appendix "B" for the planning stage for the Dr-mmond South area be~approved. 'This will enable the City to process R.R.A.P. loans for home owners in this area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewart, that the report herecalved and adopted. See Resolution No. 125 See BT-law No. 75-214 No. 576 - His Worship, Mayor Bukator - Re: Commission Examining Long Range Planning Concepts of Ontario Hydro. The report advises of the independent commission established to examine the long range planning concepts of Ontario Hydro, and of meetings to be set up inviting interested persons, groups and organizations to attend. ORDERED on the motion of Alderman Michael, seconded by Alderman Crowe, that the report be received and filed. No. 577 - His Worship, Mayor Bukator - Re: Actions of Regional Council. The report lists a summnry of a number of important matters approved by Regional Council since August 18, 1975. ORDERED on the motion of Alderman Crowe, seconded by Alderman Fern, that the report be received and filed. No. 578 - His Worship, Mayor Bukator - Re: Special Committee - Sanitary Landfill Site. The report recommends that Aldermen Wallace and Thomson be appointed as members of a special covmmittee to discuss the question of the landfill site, and that the con~nittee submit their recommendations to Council as quickly as possible. It was further advised that the membership of the committee will include Mrs. Walker, representation from her clients and municipal staff. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. No. 579 - City Manager - Re: Keeping of Domestic Fowl. The report advises that if the suggested new boundaries are acceptable to Council, the by-law on the agenda may be given three readings. A number of members of Council expressed concern over the proposed boundaries, and it was moved by Alderman Wallace, seconded by Alderman Crows, that the report be tabled for two weeks. The motion Carried with Alderman Puttick voting contrary, and all others in fayour. No. 580 - City Manager - Re: Statement of RevenUe:andsExpend~tures~to]September 30, 1975. For the information of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman. Orr, that the report be received and filed. No. 581.- City Manager - Re: Adult Skating. The report advises that there is only one adult skating period available in the four arenas, representing .07% of the hours available. The Niagara South Recreation Board has reaffirmed their previous decision that the age restriction for the Wednesday evening sdult s~ting shall be 18 years of age and over. The report:further advises that · the Director of Recreation is in agreement with the Board~s position, and requests that Council recognize the need for the adult public skating program. ORDERED on the motion of Alderman Mann, seconded by Alderman Schtsler, that the report be received and filed. The motion Carried with Alderman Michael voting contrary, and all others in fayour. ,._ J - 6- No. 582 - City Manager - Re: Chippawa Parkway Launching Ramp. The report advises that a communication has been received from the Minister of Natural Resources regarding an application of the City for the construction of a launching ramp on the Chippawa Parkway near Kister Road. The communication states that the Provincial Government has postponed this Program, and funds are expected to be available in 1976. ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the report be received and filed. NOTE: Alderman Smeaton was absent when the vote was taken on this matter. No. 583 - City Manager - Re: Seminar for Urban Admin~trators. The report recommends that Mr. G. Fartell, City Treasurer, be authorized to attend this seminar, for which funds have been provided in the 1975 Operating Budget. The seminar will be held at Queen's University, Kingston fromNovember 16th to the 21st, 1975. ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Alderman Smeaton was absent when the vote was taken on this matter. . No. 584 - City Manager - Re: Morrison Street Fire Hall Extension. The report recommends that the tender submitted by L. Roy Construction be accepted at a total cost of $59,524, $25,000 to be charged to the 1975 Budget, and the balance to the 1976 Budget. It is noted in the report that the gas and oil storage roomwill not be constructed as part of this contract. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. NOTE: Aldermen Smeaton was absent for this vote. See Resolution No. 127 !~ No. 585 - City Clerk - Re: Advisory Report. The report submits the following items to Council for advisory purposes: Royal Canadian Legion - Inviting the Mayor and Members of Council to attend a ceremony to officially open the Golden Anniversary of the Royal Canadian Legion, to be held at the Cenotaph on Clifton Hill, November 10, 1975 at 6:45 p.m. It is recommended that the Legion be thanked for their invitation, and that as many members of Council as possible attend. Canadian Society of Safety Engineering - Expressing appreciation for the presentation given to the Society respecting fire prevention by Chief Thomson and Instructor Kemp. It is recommended that the communication be :received and flied. Niagara Falls Optimists - Requesting that the week of November 10th to 15th, 1975 be proclaimed as 'Youth Appreciation Week". It is recommended that the request be granted. ORDERED on the motion of Alderman Crows, seconded by Aldermen.Fera, that the report be received and filed. ~OTE: Alderman Smeaton was absent when the vote was taken on this item. · No. 586 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted, and the litantes granted. No. 587 - City Manager - Recommending payment of Municipal Accounts. The City Manager provid~d.'explanations with regard to Cheques No. 27048 and 27062. ORDERED on the motion of Alderman Michael, seconded by Aldermen Schisler, that the report be received and adopted. NOTE: Aldermen Crows was absent when the vote was taken on this item. RESOLUTIONS No. 120 - See Page 3. No. 121 - MICHAEL - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of the City of Niagara Falls for the resoning of Part Township Lot 98, east side Kslar Road, north of Woodbine Street, c~dform~ftemOffie'4al,PLan.Amendmsn~Not 18, o£, the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No, 122 - HARRIGAN - S~L~ON - RESOLVED that the Council of CIte Corporation of the City of HisSera Falls hereby certify that the application of W. & G. - 7 - Lovell and N. Mastroianni for the rezoning of Lots 6 & 7, Lot 30 and Part Lot 11, H.P. 54, on the north side of Lundy~s Lane, will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended, once an amendment is approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen Mann and Stewart voting contrary, and all others in favour. No. 123 - MANN - FERA - RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for the construction of storm sewers, asphalt pavements and curbs and gutters be accepted at the tendered price of $419,027.34, subject to receipt of Ontario Municipal Board approval of additional financial authorization; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 124 - MANN - FERA - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for the construction of sewermains and watermains and base roads in the Parkway Gardens Subdivis ion be accepted at the tendered price of $135,808.25; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 125 - PUTTICK - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes: 1) the submission of an "Application for Contribution - Neighbourhood Improvement Program Planning Stage" to the Ministry of Housing for a Federal contribution Of $26,000 and a Provincial contribution of $13,000 under the terms of Part III-1 of the National Housing Act and pursuant to an agreement dated December 10th, 1973 between the Province of Ontario and Central Mortgage and Housing Corporation and Section 24 of The Planning Act, Province of Ontario, towards the preparation of a Netghbourhood Improvement Plan for the Drummond South Redevelopment Area; 2) the submission of an application for an accountable advance of $26,000 from the Federal Government and $13,000 from the Province, and the accounting for this amount by the submiss ion of a certified statement of neighbourhood planning expenses by June, 1976; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 126 - PUTTICK - ORR - RESOLVED THAT WHEREAS the City of Niagara Falls proposes to develop for housing purposes an area of land situated on both sides of Bucklay Avenue between Simcoe and Morrison Streets; AND WHEREAS the Municipality requires funding in order to permit the necessary land acquisition; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls hereby requests a loan from Central Mortgage and Housing Corporation from the Municipal Land Assembly Fund, in the amount of $320,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimous,1X No. 127 - SCHISLER - STEWART - RESOLVED that the contract price submitted by L. Roy Construction Limited for the construction of an extension to the Morrison Street Fire Hall be accepted at the totsl price of $59,254; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Mann voting contrary, and a.ll others in favour. B Y- LAWS ORDERED on the motion of Alderman Smeaton, seconded by Aldermen Harrigan, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 75-209 - A By-law to amend By-law No. 2530, 1960, of the former Township of Stamford, now in the City of Niagara Falls as amended. (AM-3/75, Home for the Mentally Retarded) No, 75-210 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-25/75, Love11 & Msstrolannt) -¸8- No. 75-211 - A By-law to amend By-law No. 2530, 1960, of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-25/75, Lovell &Mastroianni) No. 75-212 - A By-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (No Parking - Dock Street) No. 75-213 - A By-law to authorize the sale of land in the Falls Industrial Park. (Pampoukian) No. 75-214 - A By-law to designate a redevelopment area. (Drurmuond South) No. 75-215 - DELETED No. 75-216 - A By-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for the construction of storm sewers, asphalt psvements and curbs and gutters. (L.I. 27-75, Local Improvement Road & Sewer Construction) No. 75-217 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewerm~ and watermains and base roads. (G.C. 40-75, Parkway Gardens Sub'd.) No. 75-218 - A By-law to provide monies for general purposes. ORDERED on the motion the following by-laws Carried Unanimously of Alderman Schtsler, seconded by Alderman Stewart, that be now read a second and third time: No. 75-209 - A By-law to smend By-law No. 2530, 1960, of the former Township of Stamford, now in the CIty of Niagara Falls, as amended. (AM-3/75, Home for the Mentally Retarded) No. 75-210 - A By-law to provide for the adoption of an amendment to the Official ~ Plan of the Niagara Falls Planning Area. (AM-25/75, Lovell &Mastr0Y No. 75-21I - A By-law to amend By-law No. 2530, 1960, of the former Township of Stamford, now in the City of Niagara Falls, as amended. (AM-25/75, Lovell & Mastroianni) No. 75-212 - A By-law to amend By-law No. 3790, being a By-law for the regulatim of traffic. (No Parking on Dock Street) No. 75-213 - A By-law to authorize the sale oiland in the Falls Industrial Park. (Pampoukian) No. 75-214 - A By-law to designate a redevelopment area. (Dr~nnmond South) No. 75-215 - DELETED No. 75-216 - A By-law to authorize the execution of an agreement with Hard R~k Paving Company Limited for the construction of storm sewers, asphalt pavements and curbs and gutters. (L.I. 27-75, Local Improvement Road & SewerConstructi0n) No. 75~217 - A By-law to a~thorize the execution of an agreement with provincial Construction (Niagara Falls) Limited for the construction of sewermains and watermains and. base roads. (G.C. 40-75, Parkway Gardens Sub*d.) No. 75-218 - A By-law to provide monies for general purposes. Carried with Aldermen Mann snd Stewart contrsry on By-lsws 75-210 and 75-211 NEW BUSINESS HOCKEY SCHOOL Alderman Wallace referred to a recent decision made in Co~ittee of the Whole -9- approving the Minor Hockey Association as operators to conduct the summer hockey school. The Alderman did not object to the decision made, but was critical of the fact that it was made in Committee of the Whole. It was felt that the matter did not come under the guidelines set out for the Committee, wherein matters of personnel, litigation and property acquisition are discussed. The Alderman stated that representatives of the three groups were not given an opportunity to amplify on their respective proposals and answer questions raised by Council. Members of Council expressed their opinions on whether the matter should or should not have been discussed in Committee of the Whole. The City Clerk pointed out that the matter was discussed in Committee at the suggestion of Council, to avoid any undue embarrassment to the organizations involved, in determining the group to be chosen to run the operation. It was moved by Aldermen Wallace, seconded by Alderman Stewart, that the matter of s,,mmer hockey school be placed on the agenda of a regular meeting as soon as practicable, and that the three respective applicants be invited to attend at the meeting and make their submissions to Council. The motion was Defeated with the following vote: AYE: Aldermen Fera, Puttick, Stewart and Wallace. NAYE: Aldermen Crowe, Harrigan, Mann, Michael, Orr, Schisler, Smeaton and Presiding Officer Thomson. COMMITTEE OF THE WHOLE Alderman Puttick suggested that the policy of considering items in Committee of the Whole be changed so that any matters to be discussed would be listed on the regular order of business. He felt that this would prevent any last minute items being added to the agenda, placing Council in the position of making a decision on a matter members of Council may know little about. The advantages and disadvantages of such a change were discussed at considerable length by members of Council. Following discussion of the matter, it was moved by Alderman Puttick, seconded by Alderman Wallace, that all items to be considered in Committee of the Whole be listed on the regular order of business, in s manner that wiI1 not prejudice or result in speculation on any matter. The motion was Defeated with the following vote: AYE: Aldermen Puttick and Wallace. NAYE: Aldermen Crows, Fera, Harrigan, Mann, Michael, Orr, Schisler, Smeaton and Stewart. LIGHTS - SODOM ROAD INTERCHANGE Alderman Stewart as~ed~when-the-lights would be installed at the Sodom Road interchange. The Municipal Works Director advised that the City is awaiting the M.T.C. ss decision on the design for the interchange, and that after receipt of that decision, work would then proceed. It was further advised that a report would be forthcoming on the matter. 24 HOUR OPERATION - A & P STORE Alderman Thomson referred to the recent discussion by Council on the operation of the A & P Store at the Town & Country Plaza on a 24 hour basis. He advised that complaints of tenants in the apartment building on Colborne Street had been brought to his attention, regarding large trucks making deliveries to the store between the hours of 2:00 and 4:00 a.m. It wss moved by Alderman Mann, seconded by Alderman Stewart that staff determine if the Municipality can take steps to restrict the hours of delivery under the existing noise by-law. The motion Carried unanimously. PROCEDURAL RULES OF COUNCIL Alderman Thomson expressed concern with regard to the "language" used by members of Council, especially during heated debates. He felt that members should refrain from using such terminology in the presence of the public. The Alderman questioned whether th ocedural rules of Council would cover this matter. It was moved ' that the meeting adjourn. READ ANDADOPTED, THIRTY-THIRDMEETING Committee Room~l November 3, 1975 Council met in Committee of the Whole at 7:15 p.m. on Monday, November 3, 1975. All Members of Council were present. Alderman Smeaton presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR Council Chambers November 3, 1975 Council met on Monday, November 3, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship MAyor Bukator presided as Chairman. Alderman Schisler offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the minutes of the meeting of October 27, 1975 be adopted with the following correction: Page 4, commencing line ~9, "for the work. The Municipal Works Director stated that most of the property in question will drain to Lundy's Lane subject to some filling and site plan control, where there is a storm sewer large enough to handle the run-off. This will be a condition of the site plan, however if a sewer is required, it could be paid for through the general rate of the urban service area." UNFINISHED BUSINESS AM-19/75, S. STANTE - 5699 ROBINSON STREET Report No. 588 - City Manager - The report advises that a building permit was issued to MS. Stante to make additions and alterations to an existing two family dwelling, as permitted under the zoning by-law. During construction the owner advised that he wished to convert the dwelling from two family to three family. He was permitted to continue renova~ionsn to the two units until approval is received on the rezontng, and then will make the necessary changes so as to create three units. ORDERED on the motion of Alderman Putticks seconded by Alderman Thomson, that the report be received and filed. NIAGARA SQUARE Report No. 589 - City Manager - The report advises that as the $250,000 letter of credit has been provided, the signatures of the holders of outstanding mortgages obtained (subject to confirmation by searches to be made on Nov. 3rd)and as Cambridge Leaseholds Ltd. has expressed a willingness to enter into the agreement with the City as suggested by some members of Council, it is recommended that the Council deal with the request of Cambridge to take the necessary steps to authorize the execution of the subdivision agreement by the City. It is suggested that Cambridge Leaseholds Ltd. enter into an agreement to be bound by the terms of the subdivision agreement, rather than preparing a revision 'of the subdivision agreement and requiring the Regional Council to pass a new by-law. In response to several questions raised by Aldermen Crowe, Wallace and Puttick, the City Solicitor advised that the letter of credit was sent to him in escrow until the City executes the subdivision agreement. It was further advised that there is no provision in the site plan agreement to cover the "quality or type of"major tenants in the plaza. There is provision that the subdivider will keep the City MAnager advised of any new changes in prospective major tenants, who will in turn, advise Council. Alderman Puttick advised that he wished to go on record as being opposed to the City using any funds from the Expansion & Renewal Fund on this project. ORDERED on the motion of Alderman Crowe, seconded by Alderman Harrigan, that authorize the execution of the agreement dated June 3, 1975, in accordance with the report of the City Manager, and further that the by-law authorizing the 'aSreemen~ be given the appropriate readings. See By-law No. 75-223 SHRINER'S CREEK Report No. 590 - City Manager - The report recommends that Council and staff meet with the Niagara Peninsula Conservation Authority on November 12, 1975 at 7:30 p.m. to discuss the project, and outlines certain items to be considered by Council at future meetings. Communication No. 110 - Niagara Peninsula Conservation Authority - The coamaunicatlon requests the meeting referred to in the report of.the City Manager, and provides additional information on the project. The Municipal Works Director provided information on a number of points raised by members of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted, and 'the communication 'of the Conservation Authority be received and filed. MOBILE HO~ OWNERS - NIAGARA ~ADOWS PARK Alderman Michael advised that twenty-two families presently residing in the Niagara Meadows Park must leave the park by December 31, 1975, and would not have a place to live after that date. He asked if the Mayor,.the Mobile Home Committee, the City Solicitor and City Clerk would meet with the Mobile Home Association in an attempt to assist these families with their problem. Alderman Smeaton asked if the Niagara Meadows Park was properly litanted to allow permanent mobile homes in its park. The City Clerk advised that the operation was not licenced for permanent mobile homes. The City Manager further advised that the camping litonce held by the owner did provide a maximum period for mobile homes ~o remain on the property for sixty days and.it had been assumed that this was the situation. Alderman Wallace felt that the City had..no authority to become involved in the trailer park business and that the matter would have to be resolved by a private individual or individuals by operating a new trailer park. His Worship, Mayor Bukator advised that the City would only try to help these people, and hoped that some private individual would step in. ORDERED on the motion of Alderman Michael, seconded by Alderman Mann, that His Worship, Mayor Bukator, the City Solicitor, titx Clerk and Mobile Home Committee be authorized to meet with representatives of the Mobile Ho~e Association in an attempt to resolve the problem. C.N.R. CROSSING - THOROLD STORE ROAD In response to a request made by Alderman Harrigan made at the meeting of October 27, 1975, Regional Councillor Mitchelson advts&d that all necessary procedures have been taken to have the work processed. The Canadian Transport Conlnission issued an order in April, 1975, giving CN ten months to complete construction and erection of the gates and signals. 'This ten months will be up in February of 1976. The Regional Council has requested a follow-up, to ensure that CN does the work within the required time period. Mr. Mitchelson suggested that it would be in order for the City of Niagara Falls to request a follow-up on th~ matter as well. Alderman Harrigan thanked Regional Councillor Mitchelson for his report, and referred to another matter of concern at this crossing and other crossings in .the City, that being the speed of trains traVelling through cross tugs. At times the trains .are moving at 40 to 50 m.p.h., and it was felt that if the trains were not moving as fast, cars would have a better chance of hearing and seeing on-coming trainss possibly decreasing the number of accidents at crossings. It was moved by Alderman HarriSan, seconded by Alderman Fare, that staff submit a report outlining the regulations imposing speed limits for trains travelling through the City. The motion Carried unanimously. NOTE: Alderman Michael was absent when the vote was taken on this matter. COr~iUNICATIONS No. 111 - Local 528, Niagara Falls ProfessiOnalsFire Fighters - The camnunicsti~ extends an invitation to members of Connell to attend the Fire Fighters Annual Ball on November 14, 1975. -3- No. 112 - Regional Municipality of Niagara - Re: 1975 Provincial Subsidy Allocation, Traffic Signal Installation. The communication advises that the Public Works & Utilities Conmittee will be recommending to Regional Council that certain traffic signal installations be deleted to the 1976 p~og~am, due to insufficient subsidy allocation by the Province. Regional Councillor Keighan advised members of Council that out of the thirty-eight projects included in the program, three of which were for the City of Niagara Falls, three are being deleted, two of which are signals for Niagara Falls. Mr. Keighan stated that!he understood cut-backs were required under the circumstances, but questioned why two of the three deletions were for Niagara Falls, when there had been only three signals contained in the program for the City. He further stated that he would be bringing the matter up at the Regional Council meeting on November 6, 1975, and would question 'how the Public Works & Utilities Committee had arrived at their priorities. Me hoped that Council would authorize City officials to inform the Region of the Council's objection to the deletion of these signals. Members of Council discussed this matter considerably, and it was moved by Alderman Mann, seconded by Alderman Orr, that the communication be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Mann, Orr and Puttick. NAYE: Aldermen Crows, Fera, Harrigan, Michael, Schisler, Smeaton, Stewart, Thomson and Wallace. It was then moved by Alderman Marrigan, seconded by Alderman Wallace, that the City Clerk prepare a resolution stating that the Council of the City of Niagara Falls objects most strenuously to the defertel of these two traffic signals from the Region's 1975 program, and that Regional Council reconsider the installation of the traffic signals in the year 1975. This motion Carried with the following vote: AYE: Aldermen Crows, Fore, Harrigan, Michael, Schisler, Smeaton, Stewart, Thomson and Wallace. NAYE: Aldermen Mann, Orr and Puttick. REPORTS No. 591 - City Manager - Re: Street Name Signs. The report recommpnds that the bid of Fawcett Metal Products for the supply of aluminum street name signs and related hardware be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 128 No. 592 - City Manager - Re: Purchase of New Equipment. The report recommends acceptance of the lowest tender on three packer units by Frink of Canada; three .32,000 GVW single axle trucks and two 25,500 GVW truck chassis' by Archer Truck Services. ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 129 No. 593 - City Manager - Re: Divisional Fencing at Service Centre Yard. The report recommends that the tender submitted by Frost Steel & Wire Co. Ltd. for the supply of divisional fencing at the Service Centre Yard. ORDERED on the motion of Alderman Thomson~ seconded by Alderman Stewart, that the report be received and adopted. See Resolution No. 13.0 No. 594 - City Manager - Re: Tender for Pumps and Forcemain at the Sanitary Landfill Site. The report recommends that the tender submitted by Hugh Cole Construction for the supply and installation of pumps, and the installation of a forcemain, be accepted, and by-law authorizing the agreement be given the necessary readings. ORDERED on the motion of Alderman Fore, seconded by Alderman Oft, that the report be received and adopted. The motion 9a.r.r~e.d with Alderman Thomson voting contrary, and all others in favour. See Resolution No. 131 See By-law No. 75.-221 No. 595 - Recreation Commission - Re: Parking at the Niagara Falls Memorial Arena. Due to the parking of cars in front of the Niagara Falls Memorial Arena, even though there are "no parking" signs erected, the Recreation Commission ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the Association be thanked for their invitation, the co~nunication received and filed, and that as many m_~hers as possible attend the function. NOTE,: Alderman Michael was absent when the vote was .taken on this matter. reconlvsnds that some type of barrier be installed to eliminate cars from parking in this area. ' Alderman Smeaton questioned the necessity of spending money on installing a barrier when the problem could be handled through stricter enforcement of the no-parking re ulations. that ORDERED on the mo[ion of Alderman Smeaton seconded by AIde n S~ew~t~ions the ~cessary action be taken to enforce ~he existing no-parting eg . -- . J -4- -5 - No. 596 - His Worship, Mayor Bukator - Re: Major Junior '~" Hockey Team. The report refers to the formation of a Committee comprised of Aldermen Crowe, Thomso: Wallace, the City Treasurer and the Mayor to meet with owners of major Junior '%', hockey teams with the intention of bringing a team back to the City in the near future. It is recommended that Council approve the formation of this Comanittee, Alderman Orr requested that his name be added to the Committee that will deal with this matter. Alderman Crowe referred to the recent radio and newspaper releases on this matter, and hoped that the publicity received and the inquiries by persons other than members of Council had not totally prejudiced the whole situation, and if it has, he hoped that those who did so would take the responsibility at that time rather than hiding behind some facade of the matter being some other person'i fault. His Worship Mayor Bukator defended the right of any member of Council to speak in Committee regarding a matter that affects or may benefit the City. Mayor Bukator felt that discussing matters of importance to the City in Committee was not in any way deceiv~mg the public, and stated that this has never happened1 and hoped it never will. ORDERED on the motion of Alderman Thomson, seconded by Alderman Michael,!.that Alderman Orr also be appointed to the Committee, and that the report be received and adopted. No. 597 - City Manager - Re: Parking on Desson.Avenue. The report recouaaends that parking be removed at all times from the westerly side of Desson Avenue fr~ Forsythe Street to Spring Street, and from the easterly side of Desson Avenue from Forsythe Street to 75' southerly. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. No. 598 - City Manager - Re: City Hall and Police Building Parking. The report recommends that a by-law be prepared to control the use of parking on the lot west of City Hall, the Elizabeth Place lot, and part of the Morrison Street lot. Those spaces on the Morrison Street lot not required for City Hall employees would be offered to the Region for the parking of police employees. tu answer to a question raised by Alderman Wallace, the City Manager explained that the by-law'would only control those lots immediately adjacent to City Hall, the Elizabeth Place lot and the Morrison Street lot. The lot with the control ga~e on Huron Street is for the use of shoppers in the Queen Street area. Alderman Puttick was of the opinion that the lots close to the Queen Street area should be used for shoppers and persons visiting the City Hall 'on business, as suggested under the Old urban renewal scheme. The Projects and Services Engineer advised that parking north of Huron Street and south of Park Street would be used as parking for shoppers. Parking south of Huron and north of Park would be used as employee parking lots. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. No. 599 - City Manager - Re: Local Improvement Policy for Storm Sewers. The report recommends that Local,,ImprO~ment~charge of $4.00 per foot frontage be made to all the abutting owners gaining benefit from the storm sewer installat~o~ and that this new policy be put into effect for the 1976 Local Improvement Program. t Alderman Schisler referred to a section of the report'wherei~ it states that the charge be made to all "abutting property owners" gaining benefit. The Alderman felt that perhaps not all owners gaining benefit'will be abutting. The Municipal Works Director advised that basically this is the 'practice. If a storm is required to drain a street, the whole block is charged of the street gaining benefit, even though there are not storm sewers on every foot of roadwaY, Cainlug benefit would be more accurate in that regard. The Alderman then suggested that the word "abutting" be dropped. The Municipal Works Director advised that if this were done, there could be a problem with storm sewers that serve an area or street beyond that being serviced. This would not be desirable. This only refers to a specific street '~"'between S~reet "B" and Street "C". If the gaining benefit principle were used, the City ~ould become involved in a specific "area of benefit", and that is not the intent of the suggestion. The rec~ndation is on the basis of a fixed charge per foot frontage, and therefore does.not involve an '~ree of benefit" or "drainsge area" concept. It is suggested that the recommendations be adopted, keeping in mind that certain of the frontages charged may not actually have a sewer installed across the entire frontage. This is sometimes true since a design does not necessarily require a storm sewer for every foot of roadway. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the report be received and adopted. NOTE: Alderman Michael was absent when the vote was taken on this matter. No. 600 - City Manager - Re: Execution of a C.M.H.C. Loan Agreement for the Construction of an 84" Trunk Storm Sewer on Stanley Avenue. The report recomanends that the by-law authorizing the execution of a Central Mortgage and Housing Corporation loan agreement for the 84" diameter trunk storm sewer on Stanley Avenue receive the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that the report be received and adopted. See By-law No. 75-220 No. 601 - City Manager - Re: 1976/76 Local Initiative Program Applications Submitted by the City of Niagara Falls. The report advises that Canada Manpower has verbally advised the City that all five applications submitted by the City for the 1975/76 Local Initiative Program have been approved. ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson, that the report be received and filed. · No. 602 - 'City Manager - Re: Railway Relocation Study in the City of Niagara Falls. The report recommends approval of the proposed Committee structure indicated on the attached sheet, which includes the forn~ttion of a Transpor- tation Technical Cormnittee and Rail Relocation Technical Committee; that approval be given to the attached "application for financial assistance to carry out a railway relocation and consolidation study in the City of Niagara Falls, Canada"; and that Council approve of the attached resolution relating to the "application for financial assistance". AND No. 603 - City Manager - Re: Hallway Relocation Study. Due to additional information being received on November 3, 1975, the report recommends that the revised Pages 7 to 10 inclusive replace the original pages 7 and 8 in the report entitled "application for financial assistance to carry out a railway relocation and consolidation study in the City of Niagara Falls, Canada", and that the attached resolution indicating the City's approval to a $300,000 Study (among other things) be approved by Council and forwarded to the Regional Municipality of Niagara for processing to the Province of Ontario and the Federal Government. The Municipal Works Director proVided an explanation of the additional information received that is not covered in Report No. 602, and answered a number of questions raised by members of Council. ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that the reports be received and adopted. See Resolution No. 132 ~0TE: Alderman Crowe was absent when the vote was taken on ='this matter. No. 604 - City Manager - Re: Exemption of Certain Lands from Part Lot Control. The report recc~nnends that the by-law exempting two lots at the northeast section of Drummond Road and Summer Street from part lot control, and that any costs arising from the registration of the by-law when approved, be assumed by the applicant. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. See B~-law No. 75-219 N._~_~: Alderman Crowe was absent when the vote was taken on this matter. No. 605 - City Manager - Re: Aerial Low Level Mapping for the Falls Industrial Park Extension and Township Lots 87 and 98. The report recommends that Northway Surveys Limited be retained to undertake the low level aerial survey of the Falls Industrial Park Extension end Township Lots 87 and 98. OEDERED on the motion of Alderman Thqmson, seconded by Alderman Stewart, that the report be received and adopted. No. 606 - City~Manager - Re: Purchase of ~226 and 4232 Park Street. The report ~-'~econ~aends approval of the purchase of Lot 11, Block "G", according to Plan - 6- comprising 4226 and 4232 Park Street, from Sarkon Consulting and Planning Limited for the amount of $29,500. with the clog tng date of December 31~ 1975. It is further reconnnended that the City Solicitor be authorized to prepare the necessary documents for the purchase of these lands. Alderman Puttick was against the. purchase of these properties, and felt that once the City assumed the old police building, it should be torn down to provide parking. Alderman Thanson advised that the purchase of these properties would tie in with the entire parking scheme in this area, and the funds would come from the parking fund. Alderman Wallace pointed out that the Downtown Businessmen',.Association had approved the matter unanimously. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that · the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others in fayour. No. 607 - Deputy City Clerk - Recommending approval of municipal licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted, and the licences granted. No~ 608 - City Manager - Reconsuending payment of Municipal Accounts. Alderman Stewart requested an explanation of Cheque, ~27148 and ~27158. The City Manager advised that the cheque, were in payment for truck andvoperator rentals. Alderman Stewart then requested additional information, and the Municipal Works Director suggested that the two cheque, be tabled until the information was available. ORDERED on the motion of Alderman Schisler, seconded by Alderman Marrigan, that Cheque~<~27148rand #27158 be tabled for one week, and that the report, as amended, be received and adopted. RESOLUTIONS No. 128 - SCHISLER - STEWART - RESOLVED that Fawcett Metal Products be awarded the quotation for the supply of aluminum street name signs and related hardware in the amount of $5,331.60; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 129 - MICHAEL - STEWART - RESOLVED that the quotation of Frink of Canada for the supply of three packer units in the amount of $29,697.75 be dccepted; and ~hatathenquOtation 'of Ar~h~rrTruck Services for the supply of three 32,000 GVW single axle trucks and two 25,500 GVW truck chassis' in the amount of-$85,204~50 be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 130 - THOMSON - STEWART - RESOLVED that the quotation submitted by Frost Steel & Wire Company Limited for the supply of divisional fencing for the Service Centre Yard, in the amount of $2,785.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ~o. 131 - FERA - eRR - RESOLVED that the tender price submitted by Huch Cole Construction Limited for the supply and installation of pumps, and the installa- tion of a forcemain at the Sanitary landfill Site, in the amount of $55,831..51 be accepted; AND the Seal of the Corporation be hereto affixed. Carried with Alden~n Thomson voting and all others in No. 132 - MICHAEL - STEWART - RESOLVED that Council for the City of Niagara ~Falls agrees to the ;~pplication for Financial Assistance to Carry Out a ;Railway Relocation and Consolidation Study in the City of Niagara Falls" as outlined, and forward it through the Province to the Federal Covermnent for their approval, it being noted that the Province, through the Minister of Transportation and Cuunudnications, has named the City of Niagara Falls for a pilot.rail study; · AND that Council approves the payment of $300,000, the estimated total cost ~o prepare an Urban Development Plan aad a Transportation Plan, subject to the approval of the Provincial and Federal Governments and the sharing of costs of: 50% Federal Government (M.O.T. and M,S.U.A.) $150,000 37-1/2% Ontario Government (M.T.C.) $112,500 6-1/4% Regional Municipality of Niagara $ 18,750 .... 6~1/4% City of Niagara Falls $ 18,750. - 7- AND that Council agrees that the first stage in the preparation of the plans will be a Detailed Study Design phase at a maximum cost of $10,000, which will define in detail the components of the Study, their costs, and the time schedule. Payments for work beyond the Detailed Study Design phase would be conditional on that phase confirming that the preparation of the plans can be completed within the estimated total of $300,000; AND that the cost of preparing the financial plan will also be identified in the Detailed Study Design phase~ and the funding of that report will be the equal responsibility of the Regional Municipality of Niagara and the City of Niagara Falls, at an estimated cost of $2,000; AND that the City of Niagara Falls agrees that the Province of Ontario will deal directly with the Regional Municipality of Niagara on any financial payments involving the estimated $300,000 costs; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~ No. 133 - HARRIGAN - WALIACE~'RESOLVED.~THAT-.WHEREAS the intersections of Regional Road 49 (McLeod Road) at Dorchester Road and Regional Road 57 (Thorold Stone Road) at Montrose Road have become highly hazardous intersections; and WHEREAS an increasing number of accidents is occurring at both aforementioned intersections due to the absence of traffic signals; and WHEREAS the possible loss of life is increased substantially without adequate protection being afforded to both motorists and pedestrians at these inter- sections; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Niagara Falls objects most strenuously to the reconnendation contained in Report DE-3323 of the Public Works and Utilities Conmlittee wherein it rec~maended that the installation of traffic signals at the intersection of McLeod Road and Dorchester Road and Thorold Stone Road and Montrose Road be deferred until 1976; AND BE IT FURTHER RESOLVED that the Regional Council be requested to authorize the installation of the aforementioned traffic lights during the year 1975; AND the Seal of the Corporation be hereto affixed. ~arried with Aldermen Mann, Orr and Puttick voting contrary, and all others in favour. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that leave be granted to introduce the followinS by-laws, and the by-laws be given a first reading: No. 75-219 - A By-law to designate certain land not to be subject to part lot control. (Drummond & Simmer) No. 75-220 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the trunk storm sewer on Stanley Avenue. No. 75-221 - A By-law to authorize the execution of an agreement with Hugh . Cole Construction Limited for the construction of a pumping station and forc~m-tn. No. 75-222 - A By-law to amend By-law No. 74-153 to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. (pavements, curbs, Mutters and storm drainage on Wendy Drives Heximer Avenue, Wilson Crescent and Sootheran Drive) .No. 75-223 - A By-law to amend By-law No. 75-35 to authorize a subdivision agreement with Mardress Investments Limited. (Niagara Square) No. 75.-224 - A By-law to provide monies for general purposes. (NOTE: Cheques ~27148 and ~27158 were deleted from the By-law) No. 75-225 - A By-law to authorize the execution of an agreement with L. Roy .Construction Limited for additions and alterations to the Morrison Street .Fir~ Station. Carried with Alderman Crows abstaining on a conflict of interest on By-law No. 75-219, and all others in layout. -8- ORDERED on the motion of Alderman Mann, seconded by Alderman Fera that the by-laws be now read a second and third time: No. 75-219 - A By-law to designate certain land not to be subject to part lot control. (Dr,,r~mond & Summer) No. 75-220 - A By-law to authorize the execution of an agreement with Central Mortgage and Housing Corporation respecting the trunk storm sewer on Stanley Avenue. No. 75-221 - A By-law to authorize the execution of an agreement with Hugh Cole Construction Limited for the construction of a pumping station and forcemain. No. 75-222 No. 75-223 No. 75-224 No. 75-225 A By-law to amend By-law No. 74-153 to authorize the construction of certain works as local in~provements under Section 12 of The Local Improvement Act. (pavements, curbs, gutters, and storm drainage on Wilson Crescent, Heximer Avenue~ Wendy Drive and Sootheran Drive) A By-law to amend By-law No. 75-35, to authorize a subdivision agreement with Mardress Investments Limited. (Niagara Square) - A By-law to provide monies for general purposes. (NOTE: Cheques ~27148 and ~27158 were deleted from the by-law.) A By-law to authorize the execution of an agreement with L. Roy Construction Limited for additions and alterations to the Morrison Street Fire Station. Carried with Alderman Crows abstaining on a conflict of interest on By-law No. 75-219 NEW BUSINESS NIAGARA MEADOWS CAMPING It was moved by Alderman Smeaton, seconded by Alderman Harrigan, that staff submit a report on the operation of the Niagara Meadows trailer park, in contravention with the by-law. The motion Carried with Alderman Wallace voting contrary, and all others in favour. EFFICIENCY STUDY Alderman Smeaton questioned why the efficiency study had been placed on the agenda for Committee of the Whole. This question was discussed by several members of Council, and Mr. R. Pierce of Sago International advised that since matters concerning personnel are usually dealt with in Committee, he had requested to meet with Council in Committee to seek direction on the timing and presentation of the study. It was further advised that the study had been completed, and Mr. Pierce asked when Council would like to consider the study. It was moved by Alderman Smeaton, seconded by Alderman Thomson, that the regular meeting of November 10, 1975, commence at 6:30 p.m., and upon completion of the Business of the regular meeting~ His Worship Mayor Bukator and members of Council will retire to Committee of the Whole to deal with the efficiency study. The motion .Carried unanimously. TAX ASSISTANCE TO ELDERLY HO~ OWNERS Alderman Puttick referred to the $75 property tax rebate granted to those senior citizens receiving the old age supplementary pension, and the fact that cheques could not be mailed out due to the disruption in postal service. The City Treasurer advised that accordir~ to last year's records, not all persons eligible for assistance have made application for 1975. It was further advised that an advertisement would be placed in the press announcing that the cheques are available, and a method of delivery is being arranged. Cheque, can also be picked up at the City Hall. It was moved by Alderman .Puttick, seconded by Alderman Thomson, Chat staff be authorized to deliver cheques to those citizens eligible for the rebate. The motion Carried unanimously. ' DAPACE TO POOL - F.H. LESLIE PARK Alderman Puttick swimsinS pool at requested that staff investigate damage to the facing of the the.F.H. Leslie Park. ee.et,9 NEW COM}~RCIAL ESTABLISHMENTS Alderman Puttick suggested that when new businesses of a commercial nature apply to the City for a building permit, that Mr. C. Pare of the Chamber of Commerce be notified, so that he in turn can approach these establishments thereby removing the onus on the City to welcome these establishments to the City. The Alderman further suggested that the details of any arrangements could be worked out between the Building & Development Co-Ordinator, and Mr. Pare of the Chamber. CARDIAC REHABILITATION CENTRE Alderman Orr advised that he had received a number of calls from residents regarding the cardiac rehabilitation centre being shut down in the City, and relocating in St. Catharines. Since the program had been of great benefit to heart attack patients, the Alderman expressed his concern at the centre relocating in St. Catharines. Alderman Puttick suggested that Mr. Carruthers of the Hospital Board be contacted regarding the problem. Alderman Harrigan felt that such a matter was not within Council's authority, but suggested that if Alderman Orr wished to pursue the matter, a general resolution could be passed on behalf of the City, requesting that such a program be instituted through the facilities of the Hospital. It was moved by Alderman Orr, seconded by Alderman Puttick, that the Greater Niagara General Hospital Board of Governors be requested to consider instituting a cardiac rehabilitation program through the facilities of the Greater Niagara General Hospital. The motion Carried with the following vote: AYE: Aldermen Fera, Mann, Michael, Orr, Puttick, Schisler, Smeaton, Stewart and Themson. HAYE: Aldermen Crows, Harrigan and Wallace. It was moved by Alderman Smeaton, seconded by Alderman Stewart, that the meeting adjourn. READ ADOPTED, HAYOR THIRTY-FOURTH MEETING Council Chambers November 10, 1975 REGULAR MEETING Council met on Monday, November 10, 1975, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present. His Worship Mayor Bukator presided as Chairman. Alderman Puttick requested a moment of silence in remembrance of those who had served their Country so that the democratic form of government Canadians possess could be maintained. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the minutes of the meeting of November 3, 1975, be adopted as printed. UNFINISHED BUSI~SS VIOLATION - BY-LAW NO. 6325, MOBILE HOMES NIAGARA MEADOWS Report No. 609 - City Manager - The report advises that an inspection was made on September 18, 1975 of the Niagara Meadows premises and it was found that there were eleven trailers in which year-round accommodation could be maintained. A final check will be made on November 16, 1975, to determine if the lots have been vacated in accordance with the requirements of By-law 6325. Members of Council expressed their concern over the operation of Niagara Meadows in violation of the by-law, and the City's involvement in locating another site for the mobile homes in the park, It was pointed out that a further report would be submitted subsequent to the inspection on November 16, to determine if the mobile homes have vacated the park. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the report be received and filed. The motion Carried with the following vote: AYE: Aldermen Furs, Harrigan, Mann, Orr, Puttick, Smeatons Thomson and Wallace. NAYE: Aldermen Crowe, Michael, Schisler~ ~nd Stewart. RENTAL OF TRUCKS FOR lANDFILL SITE Report No. 610 - City Manager - The report provides an explanation of why trucks were rented to haul cover material to the disposal area at the Landfill Site. It was,.recommended-that the accounts be paid. tn response to ~everal questions raised 'by Aldermen PUttick and Wallace. the ,Municipa! Works Director and the Maintenance & Operations ~ngi~eer 'provided edditional information and clarification on the operation at the Landfill. Site, and why the trucks were used. ORDERED on the motion of Alderman Mann, seconded by Alderman Rarrigan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aidemen Crows, Furs, l{arrigan, Mann, Michael, Orr, Schlsler, Smeaton, Thomson and Wallace. NAYE: Alderman Puttick and Stewart. REPORTS No. 611 - City Manager - Re: Grade Separation Study for Drummond Road at the C.N.R. The report makes the following recommendations: 1) That Council approve of Scheme lA as reconEaended by the consultant for the Region, for the construction of an overpass along the existing aligranent of Drummond Road at the C.N.R.; 2) That the Region give serious consideration in its Five Year Roads Needs Study Update for the construction of the overpass as recommended in Scheme lA; 3) That the Regional Municipality of Niagara and the City of Niagara Falls use Scheme 1A in any future land use planning or construction projects under consideration in this general area; and 4) That the Regional Municipality of Niagara be notified of Council's consideration of the previous three recemnenda- ttons. ORDERED on the motion of Alderman Schisler~ seconded by Alderman Puttick, that the report be received and adopted. No. 612 - :_city Mansger - Re: Grade Separation Study for Dorchester Road at the Canadian National Railway. The report makes the following recommendations: 1) That Council approve Scheme A as recommended by the consultant for the Region for the construction of a subway crossing of the C.N.R. Just south of Morrison Street, wi~h a minor modification; 2) That the Region give serious consideration -2- in its five-year Roads Needs Study Update for the construction of the underpass as recommended in Scheme A; 3) That the Region and the City use Scheme A in any future land use planning or construction projects under consideration in this general area; and 4) That the Region be notified of Countjigs consideration on the previous three reccamuendations. The Municipal Works Director provided more detailed information on the study in response to a number of questions raised by Alderman Puttick. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and adopted. No. 613 - City Manager - Re: Hydro Transformer Station Adjacent to New Police Building. The report recommends approval of an expenditure to cover one third of the cost of constructing an enclosure around the Hydro Transformer Station adjacent to the new Police Building. The remaining two thirds will be shared by the Region and the Hydro Commission. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wallace, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others in favour. No. 614 - City Manager - Re: Transfer of Lot 36, Plan 243. The report recommends that Council grant approval to permit the transfer of Lot 36, Plan 243 from larry Marshall Vaughan to Ground Aerial Maintenance Service, subject to the company entering into an agre~-n~nt with the City that they will assume all the covenants agreed to by their predecessor in title. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the report be received and adopted. No. 615 - City Manager - Re: Proposed Plan of Subdivision - Theresa Extension II Subdivision. The report recommends that Council authorize a revision to Item 9 of the Minister's conditions to provide that the 15-foot daylighting allowance be only required on the northeasterly section of Church's Lane and St. Anthony Crescent, and that the by-law authorizing the subdivision agreement be given the necessary readings. ORDERED on the motion of Alderman Smeaton, seconded by Alderman err, that the report be received and adopted. See By-law No. 75-229 No.'616 - City Manager - Re: Breakdown of Permits issued. by the Building and Development Department for the month of October, 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the report be received and filed. No. 617 - City Manager - Re: Nuntn~pal:Accounts. Recommending payment of -municipal accounts. ORDERED on the motion of Alderman Fera~ ~econded by Alderman Mann, that the report be received and adopted. RESOLUTIONS No. 132A- THOMSON - SCHISLER - RESOLVED that the Municipality of the City of Niagara Falls petition the Ministry of Transportation and Connunications for interim payment under The Public Transportation and Highway Improvement Act on expenditures made during the period January 1, 1975 to October 31, 1975 for construction and maintenance of roads, bridges, and culverts in the totaL. amount of $1,953,538.00;AND the Seal of the Co~poration be hereto affixed. Carried UnantmouslX ORDERED on the motion of Alderman Mann, seconded by Alderman liarrigan, that By-law No. 75-115 be now given a third and final reading: NO · 75-115 - A By-law to authorize i~provements to the.electrical power distributi system of the City. Carried Unanimousli ORDERED on the ~otig~,of Alderman Thomson, seconded by 'Alderman Stewart, that leav~b&~grantea ~o introduce 'the following b~-laWs,and the by~leWs:be ~iven ,,~ 'first reading: ........ · ' "" ..... ' ' ' No. 75-226 - A By-law to authorize the construction of certain works as local ments under Section 12 of The Local Improvement Act. -3 - No. 75-227 - A By-law to amend By-law No. 3791, 1946 of the City of Niagara Fails, being a by-law designating through highways in the City of Niagara Falls. (Church's Lane, Swayze Drive and Kalar Road) No. 75-228 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (NO Parking - Desson Avenue) No. 75-229 - A By-law to authorize a subdivision agreement with Group 2 Development Limited (Theresa Subdivision Extension 2). No. 75-230 - A By-law to amend By-law No. 75-20 to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. No. 75-231 - A By-law to authorize the acquisition of land for the parking of vehicles. (Park Street) No. 75-232 - A By-law to authorize the acquisition of land for highway purposes. (Palmar Avenue Extension) No. 75-233 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Aldermen Crows, that the following by-law be now given a second reading: No. 75-226 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. Carried Unanimousl~ ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 75-227 - A By-law to amend By-law No. 3791, 1946 of the City of Niagara Falls, being a by-law designating through highways in the City of Niagara Falls. (Church's Lane, Swayze Drive and Kalar Road) No. 75-228 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (No Parking - Desson Avenue), '. 'No. 75-229 - A By-law to authorize a subdivision agreement with Group 2 'Development Limited (Theresa Subdivision Extension 2). No. 75-230 - A By-law to amend By-law No. 75-20 to regulate the supply of water -and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. No. 75-231 - A By-law to authorize the acquisition of land for the parking of vehicles. (Park Street) No. 75-232 - A By-law to authorize the acquisition of land for highway purposes. (Palmet Avenue Extension) -, No. 75-233 - A By-law to provide moniesl for general purposes., Carried Unanimously I~EW BUSINESS NO PARKING RESTRICTION - NIAGARA FALLS ARENA Alderman Smeaton referred to a request from the Recreation Cormuission at the meeting of November 3, 1975, to have barricades placed in front of the Arena to prevent cars from parking. Council directed that rather than placing barricadess stricter enforcement of the restriction be made to handle the problem. Since that time, the Alderman had observed the situation, and it was now felt that the problem rests with cars parking on the sidewalks or on the concrete curb. It was suggested by the Alderman, that ,large:yellow '~'~ra~hif~B~ paint~d'on the concrete mak£ng it explicit that no parking is ellowed in the area· If this method was not successful, then the possibility ofbarricades could be reconsidered. -4- LOCAL CAMPUS FOR NIAGARA COLLEGE Alderman Thomson referred to a recent newspaper article regarding a Niagara College campus in the City of Niagara Palls· At that time two sites were mentioned for the school of nursing and hospitality school. The first site was the former Loblaws store on Dunn at Drummond', and the second was a 12-acre site in the Beaverdame Road area, presently owned by a government agency. The Alderman felt the second site was preferable, in that it allowed room for expansion, and the land could be purchased reasonably. It was moved by Alderman Thomson, seconded by Alderman Smeaton, that staff submit a report at the next meeting, outlining the advantages and disadvantages of both sites, and further that the College be advised of Council's preference for the location of the campus. The motion Carried unanimously. EFFICIENCY STUDY Alderman Mann referred to a newspaper article in the Niagara Palls Review, wherein a sunw.~ry of recommendations contained in a draft report addressed to the City Manager from Sego was published. This was a matter of great concern to the Alderman, and other members of Council, in that no copies of the report had been given to Council, or staff according to Mr. Pierce· It was moved by Alderman Smeaton, seconded by Alderman Thomson, that Mr. Pierce be granted permission to address CounciI. The motion Carried with Aldermen Crows and Stewart voting contrary, and all others in fayour. Mr. Pierce confirmed an earlier statement made that he had given no copies of the report to staff, and in reply to further questions, he advised that no copies had been given to any member of Council or the press. He advised however, that a filing cabinet containing material belonging to gego had been broken into. This incident had not been reported to any City officials since it appeared that nothing had been taken. The City.~ Clerk expressed his concern over this information in that thelmatter had' not bee~ reported to staff, and it cast doubt upon all members of staff. Following further discussion on the matter, it was moved by Alderman Harrigan, seconded by Alderman Crows, that the meeting adjourn to Con~nittee of the Whole and that the matter be discussed thoroughly, along with the possible action Council may take in deteTmil the source of the leak. The motion Carried unanimously. ,AND ADOPTED, · MAYOR Council met in Comnitte ~ on Monday, November 10, 1975, following a regular meeting of Council.' All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Following consideration of Whole arose without presented, the Committee of the ADOPTED, Council reconvened in ,llowing a maeting of the Committee of the Whole. All Members of Council were present. 'His Worship, Mayor Bu~ator presided as Chairman.. The meeting adjourned. READ AND ADOPTED, MAYOR THIRTY-FIFTH MEETINC Committee Room ~1 November 17, 1975 Council met in Committee of the Whole at 7:00 p.m. on Monday, November 17, 1975. All Members of Council were present with the exception of Aldermen Crows and Narrigan. Alderman Smeaton presided as Chairman. Following consideration of presented, the Cormnittee of the Whole arose without reporting. MAYOR Council Chambers November 17, 1975 Council met on Monday, November 17, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the' exception of Alderman Crows. His Worship, Mayor Bukator presided as Chairman. Alderman Mann offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson, that the minutes of the meeting of November 10~ 1975, be adopted as printeft. ~OTE: Alderman Harrigan arrived at the meeting. UNFINISHED BUSINESS SHRINER'S CREEK Report No. 618 - City Manager - The report recommends that 1) Council pass a resolution requesting the Niagara Peninsula Conservation Authority to proceed with the necessary environmental improvements to the Shriner's Creek as recommended in the Proctor & Redfern report (~8) and that the City of Niagara Falls be designated the banefiring municipality, and will pay the Authority's share of all the project costs on the basis as outlined in the report, subject to receipt of all required approvals; 2) Passage of a resolution recommending to the Niagara Peninsula Conservation Authority, the retention of the Consulting Engineering Firm of Proctor & Redfern Ltd. for the necessary design and supervision of construction of the environmental improvements (~8) to the ghriner's Creek; and 3) That the City Solicitor be instructed to prepare a construction by-law for the first phase of this project at a debenture amount of $200,000 in order to allow the City to finalire the acquisition of '~yllie's Property". Members of Council expressed concern over the funding for this project, and the Municipal Works Director provided clarification and further information on this matter, and other points raised by Council. Following further discussion on this matter, it was moved by Alderman Wallace, seconded by Alderman Fern, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others in fayour. See Resolution No, 134 COE, fONICATIONS No. 113 - Chamber of Commerce - Re: Retail Store Hours. The Chamber gives their views on the proposed controls on retail store hours, and submlts a copy of the brief the Chamber had forwarded to the Provincial Government in 1974, outlining their policy on the matter. ORDBRED on the motion of Aldennan Thomson, seconded by Alderman Smeaton, that the c~unication be referred to the C~u=,ittee to be set up to review the meter, along with further briefs that are submitted, and further ehse the 0ommittee report back to Council following their consideration of the matter. The motion Carried with Alderman Mann voting contrary, and all others in fayour. - 2- No. 114 - Regional Municipality of Niagara - Re: 1975 Provincial Subsidy Allocation - Traffic Signal Installation. The communication advises that the traffic signals deferred from the 1975 program will be installed early in 1976. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the communication be received and filed. No. 115 - Regional Municipality of Niagara - Re: Thorold Stone Road - C.N.R. Crossing. The communication advises that the installation of gates at the crossing is proposed to be completed by the end of 1975. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the communication be received and filed. No. 116 - T.G. Bright Ltd. - Re: Functional S~udy, Dorchester Road Crossing at C.N.R. The connnunication advises of ~ meeting held with representatives of the consultant, the Region and Brighis. regarding the proposed crossing. The City Clerk advised that the firm wishes to have their connnents on record at this time, prior to any action on the matter. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the communication be referred to the Regional Municipality of Niagara for their consideration. REPORTS No. 619 - City Clerk - Re: AM-18/75, J. & E. Dow. The report advises that one letter of objection was received as a result of circulating the by-law and notice of application to owners of property within 400' of the subject property. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the letter of objection be forwarded to the Ontario Municipal Board. No. 620 - Planning & Development Committee - Re: AM-26/75, N. D'Ascenso on Buchanan Avenue. The Committee recommends Council approve the uses proposed for 5937 Buchanan Avenue under the existing Residential zoning subject.to Development Control, 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. Mrs. W. Dunn was granted permission to address Council on the motion of Alderman Mann~ seconded by Alderman Smeaton. Mrs. Dunn advised that when the matter had been considered by the Planning & Development Committee, no mention had been made of conducting classes for up to,twelWe people at one time. Mrs. Dunn was concerned thah the number of parking spaces provided would not be sufficient, particularly in the aunnner mo~ths. The Planning · ~! Director explained that the instruction classes were not mentioned in the '}ji~ application, but had subsequently been added to the by-law. It was further ~ , explained that any site plan for the property would have to be approved by Council, and provisions would .apply to subsequent owners of the property Alderman Fera ~dVised thatctt:,:waS,his 'understanding, the present owner of the'property was' now not preparedato sell the property in question to Mr. & Mrs. D'Ascenz~. Following further discussion on the matter, it was moved by Alderman Thomson, seconded by Alderman Fete, that the report be 'tabled for further information. The motion Carried. with Alderman HarriSan voting contrary, and al!.' others in favour. No. 621 - Planning & Development Committee - Re: AM-22/75, Mikulcic Construction on Dorchester Road. The Co~mitteecre~emiands that Council approve the application subject to Development Control, and that Council by resolution, .certify that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of ltous ing o ORDERED on the motion of Alderman. Smearone. seconded by Alderman Stewart~ that the rec~mnendations of the Planning & Development G~lttes be received and adopted ..... gee Resolution ~1~ _See By-law No. 75-2~ Willoughby Drive. recommends that Council pass a by-law limitin8 the density of the lands undeveloped 'and ~oned Industrial or Consnercial in the WillouShby Drive ares to 8 to 10 units per acre, and that only Single end T~o-fsmtly dwellinSs be permitted. -3 - Mr. T. Davis was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. Mr. Davis supplied members of Council with copies of a prepared statement, which he then read aloud. It was advised that the residents in the area urge Council to set the density figure at eight units per acre, so that planning for the future can begin by constructing a subdivision of homes that will enhance the area in the years to come. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the density be limited to 8 units per acre, and that the recommendation'of the Planning & Development Committee be adopted as amended. No. 623 - City Manager - Re: Old Police Building. The report advises that the building should be saved due to its structural soundness and architectural and historical values only if a 5ood utilization of the building can be made and tha[ no municipal use for the building is foreseen for at least the next five y~ars. It is recommended that Council authorize that inquiries be forwarded to other levels of goveromentss boards, commissions and other interested public agencies asking if they have any possible interest in the building. Alderman Mann suggested that before the building was rented to any agency, the building should be made safe. He further advised that he would be interested in knowing the estimated costs of renovations to bring the building up to standards. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, tha~ the report be received and adopted. No. 624 - City Manager - Re: Amendment to Building By-law. The City Clerk advised that information had been received on this matter, subsequent to the writing of the report, and suggested that the report be withdrawn. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that the report be withdrawn. No. 625 - City Manager - Re: Neighbourhood Improvement Program for the Woodbine Area. The report recommends that in order to expedite clearance of certain properties in the Woodbine area for low and moderate income housing, that the by-law providing for the debenture amount of $25,000 for the work in the Woodbine Area be given the necessary readings. ORDERED on the motion of Alderman Wallace, seconded by Alderman Stewart, that the report be received and adopted. See By-i~F ~o., 75-235 No. 626 - City Manager - Re: Consultant for Road Needs Study. The report recommends that the firm of W.L. Sears & Associates be engaged as consulting engineers at an upset limit of $25,180 for the Road Needs Study in the City of Niagara Falls, and further that the resolution to this effect be adopted and submitted to the M.T.C. for approval. Alderman Puttick questioned the necessity of a further study for the City, when there were many previous functional and traffic studies, as well as Committees set up dealing with this matter. The Alderman also referred to the study carried out by the Region on roadways. The Municipal Works Director advised that the Region's study relates to Regional roads only. The study recommended in the report will determine the priority on all City roads. The previous studies mentioned by the Alderman were functional studies dee ling with partioular areas. Alderman Smeaton referred to a committee set up, dealing with roadways in the City, and asked if possibly there was a duplication of services. The Design & Construction Engineer advised that the Conduittee the Alderman was referring to was the TAC-4 Committee, which dealt with the Niagara Freeway. The Municipal Works Director advised that this Committee had expanded their terms of reference, and were now dealing with all major arterial roads in the City. The study recommended in the report des it with secondary roads, and the Ministry of Transportation & Connnunications has recommended that the study be carried out in order that greeter control can be maintained over subsidy monies for municipalities. Followin8 further discussion, it was moved by Alderman Puttick, seconded by Aldermen Smeaton, that the report be tabled for further information. The motion Carried with the followin8 vote: AYE: Aldermen Harrigan,j. Mlchaet,~Ok~, Puttick, Smeaton and Thomson. ,~,,~E: Aldermen Fete, Mann, Schisler, Stewart and Wallace. -4- No. 627 - City Manager - Re: Library and Niagara South Recreation Centre Buildings. The report recommends that the by-laws authorizing additional financing for the Niagara South Recreation Centre ~60,000) and the Library Building ($45,000) be given the necessary readings. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan, that the report be received and adopted. See By-laws 75-234, 754 No. 628 - City Manager - Re: Projects - Progress Report. The report outlines the progress being made on certain items and projects approved by Council at budget time. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and filed. No. 629 - City Manager - Re: Connection of Bender Hill to Palmer Avenue. The report recommends that the Bender Hill connection to Palmer Avenue be made on the conditions that the benefiting property owners pay 100% of the cost, and that it not be des igned or signed to encourage tourist traffic to use this crossing. Alderman Thomson felt that the matter should be referred to the Parking Committee, so that steps can be taken to determine if there would be any subsidy available for the work. ORDERED on the motion of Alderman Thomson, seconded by Alderman Puttick, that the report be referred to the Parking'Committee, for investigation of possible subsidy. The motion Carried with Aldermen Mann and Wallace voting contrary, and all others-in favour. No. 630 - City Manager - Re: Lighting - Q.E.W./Sodom Road Interchange. The report advises that the M.T..C. has given formal approval to the project, and has authorized the installation of additional lighting on the interchange decision points as well as on Sodom Road. The project has been passed to the electrical branch of the Ministry for complete design. It is recommended that the information report be received and filed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and filed. No. 631 - City Manager - Re: Deed of Correction, Linda Marie Collacott. The report recommends that in order to correct an error in a deed from the former Village of Chippaws to a previous owner, that the City execute a deed of correction to Linda Marie Coilscott of that part of the former railway 'right-of-way at the rear of Lot 148, Plan 12. 'ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report he received and adopted. See By-law 75-241 No. 632 - City Manager - Re: Curb Configurations. The report recommends that depressed curb radii at intersection~ (as shown on the attached sketch) in cc.~nercial and residential areas to 'facilitate the pedestrian movement of the handicapped and people with carriages be referred to the Downtown Improvement Area and Main and Ferry Boards of Management for comments. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Wallace voting contrary, and all others in favour. ' No. 633 - City Clerk - Re: Application for Hawker & Pedlar Licence. The report advises of an application made by a representative of the Nation of Islam for a licerice to sell their publication on city streets. It is rec6m.~nded that the application be denied. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that thereport be received and adopted, and the application be denied. No. 634 - City Clerk - Re: Municipal Licences. Recommending approval of municipal licences. 'ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the report be received and adopted, and the licences granted. No. 635 - City Manager - Re: Municipal Accounts. RecommendinS payment of municipal accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Michael, that .the report be received and adopted No. 636 - Cit ManaSev- Re: Licerice Agreement with Penn Central Transportation Company ~or t~e Oakes D~ive 15" Storm Sewer Crossing ~nder Penn Central. Tracks. - 5 - The report recommends that the by-law authorizing the execution of the Licence Agreement with Penn Central Transportation Company for the Oakes Drive 15" Storm sewer cross ing under Penn Central tracks, and payment in the amount of $425 to Penn Central Transportation Company for the crossing privilege be given the necessary readings. ORDERED on the motion of Alderman Schisler, seconded by Alderman Puttick, that the report be received and adopted. See By-law 75-243 RESOLUTIONS No. 133A- TABLED - See Page 3, Report ~626. No. 134 - WALLACE - FERA - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Niagara Peninsula Conservation Authority to proceed with the necessary environmental improvements to the Shriner's Creek as recommended in Proctor and Redfern's report (alternative 8) and that the City of Niagara Falls be designated the benefitlug municipality and will pay the Authority's share of all the project costs on the following basis, subject to receipt of all required approvals: a) 50% of the first $30,000 for the construction of three control dams as recommended in Proctor and Redfern's report; b) 50% of the costs of all the lands required for this project; c) 50% of the costs of channel improvements to the Shriner's Creek tributarieS; ' d) The Conservation Authority will operate and maintain the channels and control dams in the Shriner's Creek watershed; e) That the City lease the surplus land from the Conservation Authority for the development of a park at a token fee of $1.00 per annum and that the City be responsible for the operation and maintenance of this park land. AND BE IT FURTHER RESOLVED that the Council recommend to the Niagara Peninsula Conservation Authority, the retention of the Consulting Engineering Firm of Proctor & Redfern Limited for the necessary design and supervision of construction of the environmental improvements (alternative 8 as recommended in the Consultant's report) to the Shriner's Creek; AND the Seal of the Corporation be hereto affixed. Carried with Alderman Puttick voting contrary, and all others in favour. No. 135'- SMEATON - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Mikulcic Construction Limited for the rezoning of property located on the west side of Dorchester Road, south of Royal Manor Drive, being the former Queensway Motel, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Mann.,tsecon~ed by Aideman Schisler, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: No. 75-234 - A By-law to amend By-law 73-249 to authorize the erection of an arena in the former Township of Willoughby. No. 75-235 - A By-law to authorize the acquisition and clearance of land in the Woodbine Redevelopment Area of the City. No. 75-236 - A By-law respecting an application of the Niagara Falls Public Library Board for funds to pay for the cost of a new library. No. 75-237 - A by-law to amend By-law 2530 of the former Township of Stamford, now in the City of Niagara Falls aa amended. (AM-19/74 Frontsnat Extension) ..NR... 75-238 - A By-law to amend By-law 2530 of the former Township of Stamford, now in the City of Niagara Falls as amended. (AM-22/75, Miklucic Construction) No. 75-239 - DELETED No. 75-240 - DELETED -6- No. 75-241 - A By-law to authorize a deed of correction to Linda Marie Collacott. No. 75-242 - A By-law to provide monies for general purposes. No. 75-243 - A By-law to authorize the execution of a licence agreement with the trustees of Penn Central Transportation Company and The Michigan Central Railroad Company. Carried Urmnimously ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the following by-laws be now given s second reading: No. 75-234 - A By-law to amend By-law 73-249 to authorize the erection of an arena in the former Township of Willoughby. No. 75-235 - A By-law Woodbine to authorize the acquisition and clearance of land in the Redevelopmant Area of the City. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the following by-laws be now read a second and third time: No. 75-236 - A By-law respecting an application of the Niagara Falls Public Library Board for funds to pay for the cost of a new library. No. 75-237 - A By-law to amend By-law No. 2530, 1960 of the former Township Stamford, now in the City of Niagara Falls as amended. (AM-19/74 Frontsnat Extension) No. 75-238 - A By-law to amendFByelew-NSQ 2530, 1960 of the former Township of Stamford, now in the City-of Niagara Falls as amended. (AM-22/75 Mikulcic Construction) No. 75-239 - DELETED No. 75-240 - DELETED No. 75-241 - A By-law to authorize a deed of correction to Linda Marie Coilscott. No. 75-242 - A By-law to provide monies for general purposes. No. 75-243 - A By-law to authorize the execution of a licence agreement with the trustees of Penn Central Transportation Company and The Michigan Central Railroad Company. ~ Carried Unanimously NOTE:'Alderman Wallace was absent when the votes were taken on the By-laws. N~W BUSINESS MRS. P. MclNNIS, 4655 SIXTH AVENUE His Worship, Mayor Bukator commented on the fact that Mrs. McInnis had signed a form stating that she was satis fled with the work completed by the contractor under the OHRP Program. Alderman Puttick advised that he had spoken to Mrs. McInnis, and she was satisfied with the work. The Alderman also referred to a problem that could arise with contractors under this Program, that being that when the cheques are signed by the home owner, what guarantee does he have that the contractor has paid his supplier. There could be a lien placed on the property if the contractor has not paid the supplier. The Alderman suggested that the Building & Development Co-Ordinator could submit a report on.this matter at some time. It was moved by Alderman Thomson meeting adjourn. 'P~AD AND ADOPTED, seconded by Alderman Michael, that the MAYOR THIRTY-SIXTH MEETING Committee Room ~1 November 24, 1975 Council met in Committee of the Whole at 7:15 p.m. on Monday, November 24, 1975. All Members of Council were present with the exception of Aldermen Crowe, Michael and Stewart. Alderman Puttick presided as Chairman. Following consideration of the i ems presented, arose without reporting ~a the Committee of the Whole READ Am ADOPTED, MAYOR · vv ... · ~ Council Chambers November 24, 1975 Council met on Monday, November 24, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Aldermen Crows, Michael and Stewart. His Worship, Mayor Bukator presided as Chairman. Alderman Fern offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the minutes of the meeting of November 17, 1975, be adopted as printed. UNFINISHED BUSINESS ROBINSON STREET BRIDGE Report No. 637 - City Manager - The report recommends that three readings be given to the by-law authorizing the acquisition from Welland Securities (1964) Ltd., Three Hundred & Thirty-Three A.B. Investments Ltd. and Sainovich Realty Ltd. of the three parcels of land shown as parts 1, 2 and 3 on the plan, for a turning circle at the easterly limit of Robinson Street as reconstructed. The by-law also provides for the execution of an agreement with Three Hundred & Thirty-Three A.B. Investments, that $8740.00 of the money paid by Botyanski Niagara Centre Ltd. to the City under an agreement with the City of February 29, 1968, is to be applied towards the cost of the paving and sidewalk being constructed in connection with the bridge project. Alderman Thomson asked if any consideration had been given to acquiring this property without costs since the reconstruction in this area will benefit the property owners involved. The Municipal Works Director advised that the subsidy arrangements had been very good, 80% paid by the Ministry. The property owners involved have agreed to contribute monies towards non-subsidizable items included in the reconstruction. It was felt that in this case, the contribution towards non-subsidizable items was more appropriate. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Orr, that the report be received and adopted. See By-law 75-244 SHRINER'S CREEK Report No. 638 - City Manager - The report advises that two reading~ may be given to the by-law authorizing the acquisition of land covered in the agreement between the City and Gordon Wyllie, in trust, at an estimated cost~ including consultant's fees of $200,000. The by-law provides that the debenture charges to pay for the cost of acquiring the land will be charged against the Urban Service Area with a provision that the levies shall be reduced to the extent that monies are available to the City Treasurer from any other source. ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann, that the report be received and filed, and the by-law dealt with under that section of the agenda. See By-law 75-245 - 2- lANDFILL SITE FEES Report No. 639 - City Manager - The report recommends that the holders of unused tickets be reimbursed the face value upon return of the tickets to the Treasury Department. It is further recommended that an advertisement to that effect be inserted in the local and neighbouring newspapers. ORDERED on the motion of Alderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. The motion Carried with Aldermen Harrigan and Wallace voting contrary, and all others in favour. ROAD NEEDS STUDY Report No. 640 - City Manager - The report provides additional information on the proposed Road Needs Study, and recommends that the firm.of W.L. Sears and Associates be engaged as consulting engineers at an upset limit of $25,180 for the Road Needs Study in the City of Niagara Falls, and that the resolution to that effect be adopted. Alderman Puttick felt that the report did not provide the information he had-.requested on previous studies carried out by the City, and advantages as a result of these studies. The Municipal Works Director advised that this report would be forthcoming. In response to several points raised by Alderman Thomson, the Municipal Works Director confirmed that the proposed study does . not overlap any previous studies carried out, and dealt onl~ with. City streets. It was further advised that the Ministry had recommended that studies of this nature be carried out in order to determine priorities in subsidies for road work. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis let, that the report be received and adopted. " See Resolution ~13~ COMMUNICATIONS No. 117 - Niagara Plumbing Supply - The 'communication refers to By-law 7611, as amended, which provides for impost fees to be collected in connection with building permits. The firm recently constructed a new pipe storagebuilding, and was required to pay an impost fee of $1187.52. The firm is requesting relief from the impost fees, and suggests that further revisions of the by-law are warranted. The City Clerk advised that the fee was charged since Niagara Plumbing Supply is considered to be a commercial operation as opposd~'to industrial During the discussion on this item, the Building & Development Co-Ordinat0r provided information in response to a number of questions raised by members of Council. It was advised that although the land in question is zoned industrial, the zoning by-law states that the existing use of the building is a commercial use. For this reason, the impost fee (based on 17¢ per square foot) was charged. The impost fee applies to all property except industrial and residential under two-family units. The funds from this fee are similar in nature to expansion and renewal funds,.in that they are used for supplying main sewer and water facilities. Mr. Neal of Niagara Plumbing Supply expanded on a number of points made in his letter, and provided additional information on the matter. The City Solicitor advised that this matter had been thoroughly discussed by the Council in 1973, when by-law 7611 was amended. He suggested that the matter be tabled to enable Council to review the previous material considered by the Council in 1973. Following further discussion on the matter, it was moved by Alderman Hattitan, seconded by Alderman Wallace, that the communication be tabled, pending resubmission to Council of the material considered in 1973. The motion Carried unanimously. No. 118 - Town of Grimsby - The communication requests endorsatf0n of a 'resolution petitioning the Provincial Government to enact legislation to provide for regular safety inspections of all mechanical amusement rides operating within the province. ONDERED on the motion of Alderman Mann, seconded by Alderman Fete, that the resolution be endorsed. No. 119 - Downtown Business Association - The communication advises that the Association has unanimous ly decided to support the brief introduced by the . Niagara Falls Chamber.of Commerce regarding store closir~ hours. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the conxnunication be referred to the committee dealing with this matter. - 3 - No. 120 - Mr. E. Mitchelson and Mr. D. Alexander, Co-Ordinators for Haldimand- Norfolk-Niagara Region Conference, Ontario Habitat Participation Programme. The communication extends an invitation to the City to have a delegate attend a conference of representatives from local governments and agencies in the Haldimand-Norfolk and Niagara Regions as part of the Ontario Habitat Participation Programme in conjunction with the United Nations conference on Human Settlements. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that Alderman Michael be appointed as a delegate to the conference. No. 121 - Skylot - The communication requests approval for the landing of Santa Claus by helicopter at the Skylot Tower on November 30, 1975. It was advised that all other necessary approvals have been obtained. ORDERED on the motion of Alderman Mann, seconded by Alderman Smeaton, that the request be approved. REPORTS No. 641 - Planning & Development Committee - Re: AM-8/75 & 26T-75108 Falls Industrial Park Extension. The Conmittee recommends that Part of Block A and all of Block E be removed from the plan of subdivision. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Fera, that the recommendation of the Planning & Development Committee be received and adopted. No. 642 - City Manager - Re: Glenview N.I.P. Area Planning Stage. The report recommends approval of the resolution and by-law which will permit the City to make formal application to the Province for a certificate of eligibility for the implementation stage of the Glenview area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and adopted. See Resolution #136 See By-law 75-246 No. 643 - City Manager - Re: Former Walnut Street Firehall. The report advises that under the L.I.P. Program, it is necessary that the owner of a building agree to the work proposed under the program. In that the former firehall is not owned by the Niagara Falls Music Theatre Group, it is recommended that Council authorize the Music Theatre Group to carry out general improvements to the interior of the building and to construct a small foyer addition under the L.I.P. Program at the former Walnut Street Firehall building. ORDERED on the motion of AIderman Thomson, seconded by Alderman Smeaton, that the report be received and adopted. No. 644 - City Manager - Re: Sale of and Replacement of Used City Equipment. The report advises that all of the used equipment for sale was sold at a total of $23,103, with a net income to the City of $22,104. It is recommended that the tender of Mobile Tank Industries Ltd. for a street flusher with gasoline engine and 1975 chassis be accepted. The report requests permission to obtain quotations on the replacement and authority to purchase a new weed sprayer for an amount not to exceed $4500. It is further recommended that any surplus in the 19~!budget account be held in reserve for purchase of equipment in 1976. In response to a question raised by Alderman Thomson, the Maintenance and Operations Engineer advised that it was not felt there would be any long-term benefit in purchasing a diesel engine street flusher. ORDERED on the motion of Alderman Mann, seconded by Alderman Hattitan, that the report be received and adopted. See Resolution #137 No. 645 - City Manager - Re: Panking in Front of Niagara Falls Arena. The report advises that s~gns h~ve beenOrdered:to indicate that parking is prohibited at the front of the arena. ~Thislfactor~calong with the construction of off-street parking.should eliminate the present problem. Alderman Smeaton suggested that posters could be placed inside the Arena advising that there is no parking in front of the Arena. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Schisler, that the report be received and filed. No. 646 - City Manager - Niagara Falls Campus - Niagara College. The report recommends that Council, by resolution, strongly endorse the proposal of Niagara College to locate a campus in the City of Niagara Falls. It is further suggested that a Special Liaison Committee be established to provide any assistance required in choosing the best possible site, and that Aldernmn Thomson be appointed as a member of the C~ittee. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and adopted. See Resolution ~138. ~OTE: 'Ald. Smeaton was absent for this item. . .... 4 -4- No. 647 - City Manager - Re: Lot 20, Palls Industrial Park. The report recommends that Council authorime the sale of Lot 20 to Mr. N. Buzdygsn and that the City Solicitor be authorized to prepare the necessary documents. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that. the report be received and adopted. NGTB: Ald. Smeaton was absent for this item. See By-law 75-247 No. 648 - City Manager - Re: Lot 21, Falls Industrial Park. The report recommends that Council approve the sale of Lot 21 on the north side of Progress Street to Erwin Semmler KG, and that the City Solicitor be authorized to draw up the necessary documents for this transaction. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the report be received and adopted. No. 649 - City Manager - Re: Lots 53 and 54 - Falls Industrial Park. The report recommends that the request of Mr. W. Prtesemuth to have his $1,000 deposit made in March returned. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that the report be received and adopted. No. 650 - City Manager - Re: Additional Central Mortgage and Housing Corporation Loan for the Stanley Avenue Trunk Storm Sewer. The report recommends that the by-law authorizing the execution of a letter amending the original Central Mortgage and Housing Corporation loan agreement to increase the total loan commitment to an amount of $688,000 for the Stanley Avenue Trunk Storm Sewer Project be approved. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton, that the report be received and adopted. See By-law 75-248 No. 651 - City Manager - Re: Swiss Jewellers and Gifts, 5711 Victoria Avenue. The report recommends that Council authorize staff to prepare the necessary agreement which would permit Mr. Milchberg the right-of-way across the City owned parking lot from Ellen Avenue to his property. It is also suggested that such an agreement include a charge of $1.00 for the right-of-way use, plus the legal costs for the preparation of the necessary agreement. ORDERED on the motion of Alderman Thomson, seconded by Alderman 0rr, that the report be received and adopted. No. 652 - City Manager - Re: 1975 Weed Control Report. The report provides a summary of all aspects of the weed control program conducted by the Municipality during the year 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the report be received and filed. No. 653 - Deputy City Clerk - Re: Municipal Licenses. Recommending approval of municipal licenmes. ORDERED on the motion of Alderman Fern, seconded by Alderman Smeaton, that the report be received and adopted, and the licescan granted. No. 654 - City Nanager - Re: Municipal Accounts. Recommending payment of municipal accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Nann, that the report be received and adopted. _RESOLUTIONS No..133A- THOMSON - SCHISLER - RESOLVED THAT WHEREAS s Study of the Road System in the City of Niagara Falls is desirable as the basis for a priority construction and maintenance program and Provincial subsidies; and WHEREAS the City Roads Study Committee has recommended the:firm of W.L. Sears & Associates as Engineering Consultants for the said Study; BE IT RESOLVED that the City of Niagara Falls engages the firm of W.L. Sears & Associates Ltd. to study and report on the City Roads System at an upset fee of $25,180 subject to a 75% subsidy by the Ministry of Transportation end Communications; and BE IT FURTHER RESOLVED that upon approval of this resolution by the Ministry, ~ · by-law be prepared to enter into a contract with W.L. Sears & Associates Ltd.l AND the Seal of the Corporation be hereto affixed. Carried Unsnimous~ - 5 - No. 136 - WALLACE - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes: 1) the submission of an "Application for Contribution - Neighbourhood Improvement Program Implementation Stage" to the Ministry of Housing for a Federal contri- bution of $ s000 and Provincial contribution of ' under the terms of Part III-1 of the National Housing Act and pursuant to the agreement entered into between the Province of Ontario and Central Mortgage and Housing Corpora- tion dated December 10th, 1973 and Section 24 of The Planning Act, Province of Ontario, to assist in implementing the Glenview Neighbourhood Improvement Plan; 2) the submission of sn application for an accountable advance of $50,000 and agreement to account for this amount and to apply for further payments through the submission of certified statements of implementation expenditures on a quarterly basis to the Province; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 137 - MANN - HAREIGAN - RESOLVED that the tender submitted by Mobile Tank Industries Limited for the supply of a street flusher with a gasoline engine and 1975 chassis be accepted at the tendered price of $29,860.00; AND the Seal of the Corporation be hereto affixed. Carried .Unanimously No. 138 - PUTTICK - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls strongly endorses the proposal of Niagara College to locate a campus in the City of Niagara Falls, and that the City offer every assistance to the Board of Governors of Niagara College in selecting the beat possible site for the proposed campus; AND the Seal of the Corporation be hereto affixed. Carried Unanimously B Y- LAWS ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: ' No. 75-244 - A By-law to authorize the acquisition of land for highway purposes. (Robinson Street Bridge) No. 75-245 - A By-law to authorize the acquisition of land required for the purpose of a dam and storage basin for the collection and disposal of storm water. (Shriner's Creek) No. 75-246 - A By-law to adopt a Redevelopment Plan for the Glenview Redevelopmerit Area. No. 75-247 - A By-law to authorize the sale of land in the Falls Industrial Park. (N. Buzdygan) No. 75-248 - A By-law to authorize an amendment to the agreement with Central Mortgage and Housing Corporation respecting the trunk storm sewer on Stanley Avenue. .'No..75,249 - A By-law to provide monies for general purposes. Carried Unanimously by All Members of Council including His Worship, Mayor Bukator. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan, that the following by-law be now read a second time: No. 75-245 - A By-law to authorize the acquisition of land required for the purpose of a dam and storage basin for the collection and disposal of storm water. (Shriner's Creek) ........ Carried with Alderman Puttick voting contrary, and all others, including His Worship, Mayor Bukstoz in fayour. ORDERED on the motion of Alderman Wallace, seconded by Alderman Harrigan, that the by-laws be now read a second and third time: No. 75-244 - A By-law to authorize the acquisition of land for highway purposes. (Robinson Street Bridge) ..... 6 -6- No. 75-246 . A By-law to adopt a Redevelopment Plan for the Glenview Redevelopment Area. No. 75-247 - A By-law to authorize :the sale of land in the Falls Industrial Park, (Buzdygan) No. 75-248 - A By-law to authorize an amendment to the agreement with Central Mortgage and Housing Corporation respecting the 'trunk storm sewer on gtanley Avenue. No. 75-249 - A By-law to provide monies for general purposes. Carried Unanimously by all Members of Council including His Worship, Mayor Bukator NEW BUSINESS NEW SANITATION PACKERS Alderman Thomson advised that he had received a call from a gentleman who owned a commercial business in the City regarding the new sanitation packers recently purchased by the City. Apparently the garbage cannot be loaded at the same time garbage is being compacted. The gentleman felt that the new packers took considerably longer to load than the previous equipment. The Maintenance and Operations Engineer advised that he was not aware of the problem, but would investigate the complaint. MUNICIPAL POOL - F.H. LESLIE PARK Alderman Puttick referred to theecondition of the pool at the F..H. Leslie Park which he recently brought to the attention of staff at a Council meeting. The Alderman advised that in driving past the pool, he noticed that the gate at the Houck Drive end was open, and bricks had been thrown into the pool~ . He': expressed concern that a child could fall in and drown, with the gate left open. It' was moved by Alderman Puttick, seconded by Alderman Smeaton, that staff submit a report on the matter. The motion Carried .unanimously. PRELIMINARY BUDGET Alderman Puttick referred to a recent decision of Council to have copies of preliminary budgets submitted to the Members prior to revisions by staff. The City Manager advised that this material would be submitfled to Council at the next meeting. CITY OWNED PUMPING STATIONS Alderman Puttick requested information on pumping stations under the ]urisdictim of the City and those of the Region. It was the Alderman's understanding that pumping stations should be the responsibility of the Region, and he questioned why there were certain stations under the City's Jurisdiction, and the costs of operation. The Municipal Works Director explained that a number of years ago, the Region proposed taking over all pumping stations, and Council passed a resolution requesting that certain stations remain with the City. The main stations are now under Regional control, and the smaller stations remained with the City and are operated by the Region on a contract basis, with the cost billed to the City. It was further explained that the Regional policy provides that should an area municipality so wish, the Region will take over control of stations previously controlled by a municipality. Alderman Puttick felt that since the[e was no cost to the City once the Region takes over a pumping station, all of the stations should be under their jurisdiction. The Municipal Works Director advised that a review should be made of Council's previous resolution on the matter, and that a further report would be brought in on the matter. PROPOSED DEVELOP~NT SOUTH OF VILLAGE OF CHIPPAWA Alde~m~n Puttick advised that the owner of lands south of the former Village of Chippaws and north of Willick Road wishes to come in with a plan of subdivision in the area the Planning Department is considering in second stage development in Chippaws. The Senior Planner advised that staff were presently preparing the Chippaws South Secondary Plsn which would receive publtn cou~uent shortly. There have been inquiries regarding the land, but no formal applications had - 7 - been received. Alderman Puttick was concerned about the construction of a sanitary sewer on Sodom Road, recently approved by Council, which could provide a service to the lands in question. The Alderman felt the sewer should have been a Regional responsibility and not the City's, and also that the developer of these lands should pay for the cost of constructing the sewer, since the lands were premature for development. It was moved by Alderman Puttick, seconded by Alderman Thomson, that a report be submitted by staff on the matter prior to any monies being spent on the project. The motion Carried unanimously. PLANNING & DEVELOPMENT COMMITTEE APPLICATIONS Alderman Smeaton expressed concern that members of the Planning & Development Committee did not know at any given time, how many formal applications were being processed, or the length of time between formal application, and submission to the Committee. The Senior Planner advised that there was no set time period, but applications were usually before the Committee within a month. Alderman Harrigan suggested that the Committee could pass a motion at the next meeting requesting a periodic report on pending applications to be considered by the Committee. It was moved by Alderman Thomson, seconded by Alderman Harrigan, that the meeting adjourn. ,I MAYOR THIRTY-SEVENTH MEETING Committee Room ~;1 December 1, 1975 Council met in Committee of the Whole at 7:00 p.m. on Monday, December 1, 1975. All Members of Council were present. Alderman Michael presided as Chairman. Following cons ideration of the items presented, the Committee of the Whole arose without reporting. . ~. READ AND ADOPTED, Council Chambers December 1, 1975 Council met on Monday, December 1, 1975 at 7:45 p.m. for the purpose of considering general business. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. Alderman Crowe offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the minutes of the meeting of November 24, 1975, be adopted as printed. UNFINISHED BUSINESS NIAGARA SQUARE Report No. 655 - City Manager - The report advises that upon the registration of the subdivision agreement, the City is required under paragraph 3 of the agreement to pass the further amendment to the zoning by-law which was submitted in draft form to the Ontario Municipal Board at the hearing in May, 1974, and which the Board indicated it would approve. The changes effected by the further amendment to the zoning by-law were summarized in the report. It is recommended that the amending by-law be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the report be received and adopted. See By-law No. 75-250 REPORTS No. 656 - City Manager - Re: Sale of Former Falls View Fire Hall Property. The report recommends that the offer of Kenneth Moore for the purchase of the Falls View Fire Mall property, for an amount of $45,000 be accepted, and that the Municipality undertake the preparation and processing of an appropriate zoning by-law to permit the suggested use. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the report be received and adopted. See Resoluti.on ~139 No. 657 - Planning & Development Committee - Re: AM-24/75, N.P.H.B. Land Developments Ltd., Ascot Woods Extension II Phase III. The Committee recommends that Council deny the application of N.P.H.B. Land Developments Ltd, for the extension to Ascot Woods Subdivision. Mr. J. Long of Damas and Smith was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Orr. Mr. Long advised that in April of 1972, Council approved the entire subdivision in principle, with the exception of a certain amount of commercial space to be reviewed. The requirement of lands for the Montrose Road - CNR grade separation lead to the decision to submit a draft plan for the northwest sector of the site only. The developer has contributed $76,000 towards oversizing of services in order to provide for $rewth in the area. A traffic count was done on Montrose Road, and the number of ~ara found to be lights compared to 600 cars per hour on ,,**,2 - 2- Thorold Stone Road. With regard to delays at the railway cross ing, between 2:00 p.m. and 6:00 p.m. on the day checked, no trains passed the crossing. Only two accidents have occurred in the last three years in the area. Mr. Long advised that between capital levies and possible Federal funding, financing of the necessary improvements to Shriner's Creek could be carried out, which was one delaying factor in approval of the subdivision. It was advised that the firm wished to withdraw this plan in order to make certain changes. Mr. Long requested that Council defer any decision on the recommendation of the Planning & Development Committee until the new plan is submitted. In view of the comments made by Mr. Long, and further discussion by members of Council, it was moved by Alderman Smeaton, seconded by Alderman Schisler, that the report of the Planning & Development Conmittee be received and filed. The motion Carried with Alderman Crows abstaining on a conflict of interest, and all others voting in favour. N~. 658 - Planning & DevelOpment Co~Enittee -.Re: Regional Niagara Policy Plan Office Consolidation, January 1975. The Planning & Development Committee recommends that Council support the Regional Niagara Policy Plan subject to the comments as set out in the report, and that the report be forwarded to the Ministry of Housing, the Regional Planning and Development C~xm,ittee and the Niagara Falls representatives on Regional Council for information. Alderman Thomson referred to the section of the report dealing with mobile home parks, wherein it was stated that mobile home parks should be located in areas designated for urban development, due to the services req~iied. The question of the location of mobile home parks in the City was discussed by members of Council, and the Building & Development Co-Ordinator, and Deputy Planning Director provided information on a number of points raised by Council. Following the discussion, it was moved by Alderman Puttick, seconded by Alderman Oft, that the ree~endattons of the Planning &Development Committee be adopted. The motion Carried with Aldermen Schisler and Thomson voting contrary, and all others in favour. No. 659 - City Manager - Re: Ontario plumbing Inspectors' Course, Part II Intermediate. The report recommends that the Assistant Plumbing Inspector be authorized to attend the Ontario Plumbing Inspectors' Course at St. Augustine's 'Seminary in Scarborough from February 8 - 14, 1976. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Mann, that the report be received and adopted. No. 660 - City Manager - Re: Closing and Conveyance of Unopened Laneways, Z.B. Lawis Plan. The report recommends that the request of American Can Co. Ltd. for the disposal of the laneways adjacent to lands owned by/American Can Co. and E.H. Fartee Co. Ltd., be approved subject to the companies assuming all costs which may he incurred by the City in the closing and transfer ofthe laneways. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewarts that the report be received and adopted. No. 661 - City Manager - Re: Proposed Dog Control By-law. The report recommends that the by-law which was re-written to incorporate the suggestions made by members of Council, and submitted to the Niagara Frontier H,-,~ue-Society for examination, be given the necessary readings. The City Clerk advised that the City Solicitor is recommending that the policy of the Humane Society in - not counting the day on which the dog is 'seized, Sundays and holidays, in the three day impounding period, should be included in the-by-law, and not left to an understanding with the Humane Society. ORDERED on the motion of Alderman Michael, seconded by Alderman Thomson, that the report, as amended, be received and adopted. See By-law No. 75-2~ No. 662 - City Manager - Re: Amendments to Niagara Escarpment Commission's Development Control Area. The report recou~uends that the suggested revisions to the Escarpment Ceamxission's development control area. be approved, and the Region be so notified. Alderman Crome expressed concern over-the proposed revisions, in that the p;e;esed amendment is to exchange a developable piece of land for a totally undevelopsble piece o~ land. Aldermen Puttick and Thomson agreed with this camnent, and it was moved by Alderman Crows, seconded by Alderman Puttick~ that the report be tabled. No. 663 - City Clerk - Re: Write-off of Tax Arrears. The report recoupends that the City Treasurer be permitted to strike $3,976.51 in taxes from the Collectorts Roll. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. .3 - 3 - ~o. 664 - City Manager - Re: Fencing - Theresa Park. The report recommends that the quotation of Lundy Steel Limited for the fencing of Theresa Park be accepted. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. See Resolution ~140 .No. 665 - City M~nager - Re: Planning Directors' Conference. The report reconmmnds that the Planning Director be authorized to attend a special two-day Conference for Planning Directors in Toronto on December 8th and 9th, 1975. ORDERED on the motion of Alderman Orr~ seconded by Alderman Stewart, that the report he received and adopted. No. 666 - City Manager - Re: Deputy Building & Development Co-Ordinator. The report advises of the appointment of Mr. George Anderson to the position of Deputy Building & Development Co-Ordinator. ~. Anderson was in attendance at the meeting, and the City Manager introduced him to members of Council. ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the report be received and filed. No. 667 - City Manager - Re: Distribution Park, Klydel Holdings Inc. The report recommends that the request of Klydel Holdings Inc. to convey to Klydel that part of the unopened road allowance between Township Lots 121 and 135 .designated as Part 1 on Reference Plan 59R-1409, be approved, and that the by-law to authorize the conveyance be given the necessary readings. ORDERED on the motion of Alderman Puttick, seconded by Alderman Stewart, that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary, and all others in fayour. See By-law No. 75-254 No. 668 - City Manager - Re: Exchange of Land for School Park Site - Mulhern Neighbourhood. The report recommends that the by-law authorizing an exchange of land with the Welland County Roman Catholic Separate School Board, and the by-law authorizing an exchange of land with Wedgewood Builders of Niagara Ltd. be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 75-251 See BX-law No. 75-252 No. 669 - City Clerk - Re: Municipal Licences. The report recommends approval of' municipal litantes. ORDERED on the motion of Alderman Crowe~ seconded by Alderman Fera, that the report be received and adopted, and the licences granted. No. 670 - City Manager - Re: Municipal Accounts. The report recommends payment of municipal accounts. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. No. 671 - City Manager - Re: 1976 Capital Budget. Attached to the report are the draft 1976 Capital Budget, an Analysis of Debt Capacity at December 31, 1975 and a copy of the original Departmental est4m~tes for the 1976 Capital Budget for the consideration of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that the report be tabled for one week. .RE S OLUT IONS No. 130 - THOMSON - FERA - RESOLVED that the offer of Mr. Kenneth Moore for the purchase of the Falls View Fire Hall in the amount of $45,000'be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 140 - SMEATON - STEWART - RESOLVED that the quotation of Lundy Steel Limited for the fencing of the Theresa Park be accepted at the quoted price of $6,337.84; AND the Seal of the Corporation be hereto affixed. Carried Unanimpusly B Y- IAWS ORDERED on the motion of Alderman Mann, seconded by Aldermen Harrigsn, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: ...... -4- No. 75-250 - A By-lay to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended.by.By-law No. 72-138. (Niagara Square) No. 75-251 - A By-law to authorize an exchange of land with the_Welland County Roman Catholic Separate School Board. (Mulhern Neighbourhood) No. 75-252 -. A By-Iaw to authorize an exchange of land with Wedgewood Builders of Niagara Limited. (Mulhern Neighbourhood) N~.. 75-253 - A By-law to provide for licensing and regulating the keeping of dogs. No. 75-254 - A By-law to authorize the execution of a conveyance of part of the road allowance between Township Lots 121 and 135 for the former Township of Stamford. (Klydel) No. 75-255 - A By-law to authorize the execution of certain agreements with the Government of Canada represented by the Minister of Manpower and Immigration. No. '75-256 - A By-law to provide monies for general purposes. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the By-laws be now read a second and ~hird time: No. 75-250 - 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 by By-law No. 72-138. (Niagara Square) No. 75-251 - A By-law to authorize an exchange of lend with the Welland County Roman Catholic Separste School Beard. (Mulhern Neighbourhood) No. 75-252 - A By-law to authorize an exchange of land with Wedgewood Builders of Niagara Limited. (Mulhern. Neighbourhood) No. 75-253 - A By-law to provide for licensing and regulating the keeping of dogs. No. 75-254 - A By-law to authorize the execution of a conveyance of part of the road allowance between Township Lots 121 and 135 for the former Township of Stamford. (Klydel) / No. 75-255 - A By-law tO authorize the execution of certain agreements with the Government of Canada represented by the Minister of Manpower and Tmmtgration. No. 75-256 - A By-law to provide monies for general purposes. Carried Unanimously NEW BUSINESS PARKING IN FRONT OF NIAGARA FALLS ARENA Alderman Smeaton stated that he had received a call from Mr. Pat Cummings, a member of the Recreation Commission, regarding the parking in front of the Arena. Apparently~cars are still parking in front, even though signs have been postads and painted on the sidewalk, When the Police were called, they advised that there was no provision in the traffic by-law to regulate parking on this piece of property. The Alderman requested the City Clerk to cheek into the matter. MITCH~LSON PARK Alderman Smeaton advised that the motor vehicle activity at the park has increased heavilys and requested staff to check into the matter before considerable damage is done to the quality of the turf. OFF-STREET PARKING - FERRY-STANEE¥~'ARBA Alderman Crows referred to a number of inquiries made several months sgo'regardl~ -5 - off-street parking near the Ferry Street - Stanley Avenue intersection, and suggested that a report could be submitted outlining the status of this matter. BUILDING CODE Alderman Crowe referred to a report that was recently withdrawn from a Council agenda regarding the adoption of the 1975 Building Code as the guideline for construction in Niagara Falls. The Alderman asked why the matter was never submitted to Council after that date. The City b~nager advised that the by-law adopting the Building Code would be forthcoming shortly. Information had been received the day of the meeting which changed the intent of the by-law, and it was felt that the matter should be withdrawn for the time being, rather than amending the by-law several weeks later. ANTI-INFlATION PROGRAM Aldernmn Thomson referred to two information letters enclosed with agenda material regarding the Federal and Provincial anti-inflation guidelines. The Alderman asked whether staff had taken these guidelines into account when preparing the 1976 Capital Budget, and if Council should endorse the government programs to ensure that bargai ning agents of the unions were aware of CouncilIs position with regard to new collective agreements. The City Manager advised that the Capital Budget is the same as last year'S, but it does not mean that the City should spend that much. Only large essential items could be included. As far as the Operating Budget for 1976 is concerned, every effort will be nmde to abide by the 10% guideline outlined by the Province. The City Manager further advised that a resolution endbrsing the anti-inflation guidelines would be advisable st this time. His Worship, Mayor Bukator advised thst the Regional Council had recommended to their Finance Conunittee that the Regional budget be kept within the 10% guideline, and had been very forceful in their belief that any negotiations for collective agreements would be set within the guidelines of the Province. INFORMATION MATERIAL & LETTERS OF COMMENDATION His Worship, Mayor Bukator referred to letters from Schwenker Pools and the Safety Supply Company commending City staff for efficient service given to their firms. Mantion was also made of an information report regarding the Polish Legion's intention to relocate insthe new building to be constructed behind the White Eagle Hall on Thorold Stone Road, hopefully removing the objections which have arisen in the past regarding their operation at the present site. It was moved by Alderman Smeaton, seconded by Alderman Crowe, that the meeting adjourn to Committee e. READ AND ADOPTED, Council met in Commit following a regular meeting Alderman Michael presided as Monday, December 1, 1975, Members of Council were present. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR - 6- COUNCIL MEETING Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present. His Worship, Mayor Bukator presided as Chairman. The meeting adjourned. READ AND ADOPTED, CLERK THIRTY-EIGHTH MEETING Committee Room ~;1 December 8, 1975 Council met in Committee of the Whole at 7:15 p.m. on Monday, December 8, 1975. All Members of Council were present with the exception of Alderman Fera. His Worship, Mayor Bukator presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~1~ ~D AND ADOPTED, MAYOR Council Chambers December 8, 1975 Council met on Monday,~ December 8, 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Fera. His Worship, Mayor Bukator presided as Chairman.. Alderman Orr offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Harrigan, that the minutes of the meeting of December 1, 1975, be adopted as printed. PRESENTATION OF RETIREMENT'WATCH AND 25 TEAR PIN His Worship, Mayor Bukator presented a retirement watch to Mr. Charles Davenport, recently retired from the Equipment Department. Mr. Max Fairbarn was presented with a 25 Year Pin by His Worship, Mayor Bukator. UNFINISHED BUSINESS SPECIAL CHARGES BY-LAW 73-267 Report No. 672 - City Manager - The report outlines the past history leading to the passing of By-law 73-267, amending By-law 7611. It is noted in the report that the City Solicitor is' of the opinion that exceptions cannot be made from the By-law, or refunds made of charges under the authority of the By-law. Examples of works carried out using funds from the By-law were given. Mr. A. Neal of Niagara Plumbing Supply Co. was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. Mr. Neal advised that in the report of October 29, 1973, it is stated that the funds are to be used to provide additional services for buildings that impose n~jmay impose a heavy load on the sewer or water systems. He stated that his warehouse did not add any cost to the City for services. He asked 'that Council consider getting rid of the by-law for future commercial buildings in' this area, since it was too late to do anything about his case. Alderman Puttick pointed out that even though Mr. Neal's building did not have any connections to City services, the building did have a roof, and an asphalt area which would eliminate a certain amount of natural drainage 'which would have to be handled through existing or enlarged facilities. The Municipal Works Director confirmed th&~ pcOrm drainage wouldlapply in this case under the by-law. Both the City Manager and Municipal Works Director pointed out that the by-law is general in nature, and that it would be difficult to come up with a by-law that would 8uit every individual application. Following further discussion on the matter, it was moved by Alderman llerrigan, seconded by Alderman Thomson, that the report be received and filed, and that the request of Niagare Phmbing Supply Co. be denied. The motion Carried unanimously. It was then moved by Alderman Puttick, seconded by Alderman Orr, that staff submit a report on the condition of the water piped into the premises of Niagara Plumbing Supply Co. The motion Carried unanimously. -2- COF~4UNICATIONS No. 122 - Niagara Regional Board of Commissioners of Police - The communication is in response to a question raised at a Council meeting regarding the checking of premises, particularly commercial operations, by the Police. It is assured that this checking is being done on a continuing basis, and suggested that if there is a specific or isolated situation, it should be drawn to the attention of the Regional Police. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace, that the communication be received and filed. No. 123 - Chippaws Public Utility Commission - The communication requests the approval of Council for the City to issue a debenture for $15,000. 'ORDERED'on the motion 'of Alderman Michael, 's~c6nded by ~ldern~n ~c~isl~r, that the City Solicitor be authorized to prepare a by-law authorizing the Chippawa Public Utilities Commission to undertake the required work and the issuance of a debenture in the amount of $15,000 for a period of ten years. No. 124 - Regional Municipality of Niagara - The communication and attached report show the debt position of each area municipality at the end of 1975, togerie with the projected debt charges for the next five years expressed in 1975 mill values. ORDERED on the motion of Alderman Puttick, seconded by Aldermen Thomson, that the information contained in the report be referred to Council's discussions on the 1976 Capital Budget. No. 125 - Regional Municipality of Niagara - Re: Proposed 1976 Sewer and Water Capital Budget. The co~u~unication outlines the proposed expenditures between Aprl 1/76 and Apt. 1/77, and requests comments on these works, as well as any comments on work which could be deferred, or advanced to the 1976 budget. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the con~unication be referred to the discussion of the 1976 Capital Budget, and further that specific information be requested from the Region on items two and three, and that staff prepare a report on ~he matter following discussion on the 1976 City Capital Budget. REPORTS No. 620 - Planning & Development Committee - Re: AM-26/75, N. D'Ascenzo, 5937 Buchanan Avenue. The Co~ittee rec~..,.~nds approval.of the.uses proposed for 5937 Buchanan Avenue under the existing Residential zoning subject to Development Control, and 'further that Council certify by resolution that the application conforms to Officihl Plan Amendment No. 28 of the Niagax~a Falls Planning Area as amended and approved by the Minister of Rousing. Mrs. D'Ascenzo was granted permission to address Council on ~he motion 9f Alderman Thomson, seconded by Alderman gmeaton. Mrs. D'Ascenzo advised that an offer to purchase had been made on the property, which the'owner accepted. The owner has s ince decided that he did not wish to sell, and the matter is presently in the process of litigation. It was the owner's intention that the property is more valuable now that it will be used for a commercial endeavour. Mrs. D'ABcenzo advised that she would be providing more parking spaces than necessary, and further advised that her present establishment has only two parking spaces, and no problems have been experienced. Mrs~ D!As~enzo provided addt~innal~ infommation,in;~response to questions raised by members of Council. The City Solicitor advised thaecCounbA1 could deal with the matter, even thoU~k th~.p~ope=~y was in the process of litigatie~, Mr. Steve Newman was also granted permission to address Council on the mDtion of Alderman Smeaton, Seconded by Aldermen Thomson. Mr. Newman expressed his concern over a possible spot zoning on this side of Buchanan, when an application had been turned down by the O.M.B. on ~he west side. This point was discussed by members of Council, along with other information provided by Mrs. D'Ascenzo and the Deputy Planning Director. Following further discussion on the matter, it was moved by Alderman Puttick, seconded by Alderman Thomson, that the recouunendations of the Planning & Development .COmmittee be adopted. The motion Carried with Alde.rmanWall~ce voting cqntrary, and all others in favour. See Resolution No,N! : : 'See By-law No. 75-2~ No. 672 - Plannin2 &Development Camnittee - Re: Request from G. Ellis - Urban Ares Boundaries. The C~ittee adviensrehat they have no objection to the inclusion of Mr. Ellis~ land on Stanley Avenue, within the urban area boundary -3- of the Regional Municipality Policy Plan. Alderman Puttick referred to a statement in the report wherein Mr. Ellis advised the Planning & Development Committe~ that he had no plans for develop- ment of his lands at the present. The Alderman advised that he had spoken to Mr. Ellis and had been informed that Mr. Ellis wished to proceed with develop- ment of his land through a local group. Alderman Smeaton also expressed concern over the proposal in view of the fact that this land is included in lands involved in an exchange under the Niagara Escarpment Commission's Development Control Area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the report be tabled pending further information. No. 673 - Recreation Commission - Re: Area Recreation Boards. The Conmission recommends that Mrs. Margaret Vanderschoot be appointed to the Niagara South Recreation Board, and Messrs. Lea Hershberger and Ernest K. Smith be appointed to the Northwest Recreation Board. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that Mrs. Vanderschoot be appointed to the Niagara South Recreation Board, and that Messrs. Len Hershberger and Ernest K. Smith be appointed to the Northwest Recreation Board. No. 674 - City Manager - Re: Municipal Transportation and Roadway Studies. The report illustrates the types of studies commonly undertaken. It is recommended that the report be received and filed. ORDERED on the motion of Alderman Michael, seconded by Alderman Puttick, that the report be received and filed. NOTE: Aldermen Crowe was absent when the vote was taken on this matter. No. 675 - City Manager - Re: F.H. Leslie Swimming Pool Building. The report advises on steps taken to clean up the damage done at the pool building, and ~ction to be taken to prevent further vandalism. It is recommended that the report be received and filed. 'ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the report be received and filed. NOTE: Aldermen Crowe was absent when the vote was taken on this matter. No. 676 - City Manager - Re: Operation of Garbage Packers. The report provides information on the operation of garbage packers in response to a request of Council. It is recommended that the report be received and filed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Barrigan, that the report be received and filed. No. 677 - City Manager - Re: Contract G.C. 39/75, Sewermain, Watermain and Base Road Construction in Theresa Extension II Subdivision. The report recommends that the unit prices submitted by L & N Construction be accepted, and that the by-law authorizing the execution of a contract agreement be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the ~eport be received and adopted. See Resolution No.142 See By-law No. 75.-258 No. 678 - City Manager - Re: Sylvia Place Market. The report recommends that the tender submitted by Benson & Son of Niagara Falls be awarded at a total cost of $98,430 and that the by-law authorizing the contract agreement be given the necessary readings. The City Clerk pointed out that the recommendation ia the r~poF~Dshould be made subject to Ontario Municipal Board approval of the project. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted, subject to O.M.B. approval. See Resolution No.143 See By-law No. 75-257 No. 679 - City Manager - Re: Dorchester Square Subdivision. The report recommends that Council approve the amendment of Item 2 of the Minister's conditions dated October 21, 1975 for the dedication of 5 feet of the subdivision for road widening. ORDERED on the motion of Alderman Smeaton, seconded by Alderman err, that the 'report be received and adopted. No. 680 - City Manager - Re: Architectural Conservation Advisory C~ittee. The report was withdrawn. -4- No. 681 - City Manager - Re: Schedule of Council Meetings for the Holiday Season. The report recommends ~hat the Council meeting of December 29, 1975 be cancelled, and that any year-end business be presented at the meeting to be held on December 22, 1975. ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the report be received and adopted. No. 682 - City Manager - Re: Regional Road 100 Turn-around between Portage Road and Dr-r~,ond Road. The report recommends that the by-law authorizing the conveyance of the turn-around between Portage Road and Drunnond Road to the Region for $1.00 for dedication as a public highway, be given the necessary readings. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and adopted. See By-la~ No. 75-259 No. 683 - City Manager - Re: Speed of Trains. The report outlines the regu- lations governing the speed of trains under Section 249 of The Railway Act, and reccmmends that Council's concern regarding the excessive speed of trains passing through the City be conveyed to the appropriate officials of the C.N.R., that a request be made that all trains us ing C.N. rail facilities within the City be operated in strict conformity with the provisions, and further that C.N.R. be requested to provide copies of any Orders issued by the Canadian Transport. COmmiSsion allowing trains using the C.N.R. Welland Subdivision to exceed those speed limits specifically expressed in The Railway Act. ORDERED on the motion of Alderman Schisler, seconded by Aldemnan Rarrigan, that the report be received and adopted. No. 684 - City Manager - Re: Keeping of Domestic Animals. The report advises that since the repprtz.~nd proposed by-law discussed on October 27, 1975, did not receive any press coverage at that time, no public reaction to the proposed restrictions have been received from residents. It is suggested that Council again review the proposed boundaries to determine if revisions should be included in the by-law. 'It was also suggested that consideration could be given at future meetings on whether by-laws should be passed with respect to any or all of the other categories of animals referred to in section 35-4 of The Municipal Act. ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the ~eport be tabled, and that an appropriate advertisenmnt be placed in the local press prior to further consideration. No. 685 - City Manager - Re: Breakdown of Permits issued by the. Buildin~ and Development Department for the month of November, 1975. ORDERED on the motion of Alderman Michael, seconded by Alderman Puttick, that the report be received and filed. No. 686 - City Clerk _-Re: 'Muhl~tpal LicenSes ~ .Re~ommendingi'~pproval¢of municipal licences. ORDERED on the motion of Alderman Mann, seconded by Alderman Th~nson that the report be received and adopted, and the licences granted. No. 687 - City Manager - Re: Municipal Accounts. Recommending payment of Municipal Accounts. In response to a question raised by Alderman Michael, the City Manager gave an explanation of Cheque ~27622 in payment for diving suits.' Alderman Thomson advised that the volunteer program staffed by full- time employees of the F~re'Dept. and volunteer fire fighters is considered to be one of the most highly trained in Ontario, and many requests for assistance have been received. The Alderman suggested that a report be submitted giving a complete evaluation of the program for Council's information. ORDERED on the motion of Alderman Schisler, seconded by Alderman Michael, that the report be received and adopted. NOTE: It was moved by Alderman Wallace, seconded by Alderman Marrigan, that the report dealing with the 1976 Capital Budget he considered after the reading of the By-laws. The motion Carried unanimously. 'NO. 141 -'.PhITICK - THOMgON.-tRESOliVED~t~at~the Council Of the Corpsration of the City of Niagara ,Falls herebyac~rti~hat the,. application of N~ D'tAscenzo for the resohi.ng of property located on the west side of Buchanan Avenue, being Part Lot 3, R.P. 653, conforms to O~ficial Plan Amendment No. 28 of the Niagara Fells Planning Area as amended and approved by the Minister of Mousing; AND the Seal ;of the Corporation be hereto affixed. Carried with Alderman Wallace voting and all others in -5- No. 142 - MANN - SCHISLER - RESOLVED that the tender submitted by L. & N. Construction and Excavating of Niagara Limited for the construction of sewermains, watermains and base roads in the Theresa Extension II Subdivision be accepted at the tendered price of $90,749.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 143 - THOMSON - STEWART - RESOLVED that the tender submitted by W. Benson and Son Limited for the construction of the Sylvia Place market building and covered walkway be accepted at the tendered amount of $98,430.00, subject to Ontario Municipal Board approval; AND the Seal of the Corporation be hereto affixed. Carried Unanimously RUBY-LAWS ORDERED on the motion of Alderman Michael, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: No. 75-239 No. 75-257 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-26/75, D'Ascenzo on Buchanan) - A By-law to authorize the execution of an agreement with W. Benson and Son Limited for the construction of a market building and covered walkway. (Sylvia Place Market) No. 75-258 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of sewermains and watermains and base roads. (G.C. 39-75, Theresa Extension-II Sub'd.) No. 75-259 - A By-law to authorize the conveyance of land to the Regional · Municipality of Niagara for public highway purposes. No. 75-260 - A By-law to provide monies for general purposes. ORDERED on by-laws be Carried Unanimously the motion of Alderman Thomson, seconded by Alderman Mann, that the now read a second and third time: No. 75-239 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-26/75, D!Ascenzo on Buchanan) No. 75-257 - A By-law to authorize the execution of an agreement with W. Benson and Son Limited for the construction of a market building and covered walkway. (Sylvia Place Market) No. 75-258 - A By-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for the construction -of sewermains and watermains and base roads. (G.C. 39-75, Theresa Extension II Sub'd.) No. 75-259 - A By-law to authorize the conveyance of land to the Regional Municipality of Niagara for public highway purposes. No. 75-260 - A By-law to provide monies for general purposes. Carried Una~im.o~.sly )" ..jNMW~USI~ESS CAPITAL BUDGET ~ ( I' ~, 'jh,' ,it,ll: ~'. Cal.j~;{ .,~.. c.., .l' ., ~ldernmn ThOmson re~Tved,,-~o ~he ,~rea~ ~i ..o~ -m Jot proJects~ o~p,leted in - · he l~t ~fQw, ~ars t~,ouSh capital funding. Due to the increasing rate of inflation, residents are n~ willing to wait for additio~l facilities, and are becming more concerned with their taxes and h~ taxes will affect them in the future. The AldeMn ~elt that Council should .take a good look at capital spending in the future, and place more emphasis on existing facili~ies and their minte~nce. It was also suggested t~ with the Capital budget and -6- current budget, staff should go through each particular service and l~ave the option to Council to make decisions on how cuts can be made. LIGHTING - DORCHESTER ROAD INTERCHANGE Alderman Puttick referred to a complaint he had received from a resident regarding the lights at the Dorchester Road interchange being on during daylight hours in the morning. When the complaint had been investigated, it was determined that the City was being billed for these lights. The Municipal Works Director advised that the C~ty was being billed for the lights on Dorchester Road since it is a municipal street, and all other lights are billed to the M.T.C. The Alderman also asked if all of the lights yere necessary, and it was advised'that the lights are. necessary in ~h~ Mi~istrfs opinions..Th~ ProjeCtS.. ~.~ery~es Engineer explained the method used in computing the lighting bill. WATERMAIN - WILLOUGHBY DRIVE Aldermen Stewart requested information on the installation of a watermain on Willoughby Drive. The Municipal Works Director advised that the installation was a Regional project. 1976 CAPITAL BUDGET Report No. 688 - City Manager - The report deals with the 1976 Capital Budget. The City Manager explained that efforts have been made to keep capital spending as low as possible, but to still include projects that will invite or produce development. The policy of including more items in the operating budget will be continued, since in the long range it is a better policy for the c~tizens in view of the lesser debt charges incurred. In future, projects requiring approval Of. Coupcil for capital spending, will include recommendations for the best debenture terms for each particular item. Mention was also made of the planned change by the Province to have the assessment reflect market values. This point was discussed by members of Council, with further information provide~ by the City Manager in response to questions raised. During the review of the budget, certain projects were discussed by members of Council. 1) Unfunded Capital Projects - Pages 3 & 4 Alderman Puttick requested information on the installation of a watermain on Sodom Road from Main Street to Wainbrenner Road. The Municipal Works Director advised that the installation was part of the water distribution system. The existing main is leaking and should be replaced. The proposed main will tie in with the main proposed by th~ Region, and will provide a loop of the whole main. The Alderman then asked if this waterma~n could b~ constructed by the Region. The Municipal Works Director advised that under the Region's criteria, mains under 16" in diameter are a municipal responsibi,ltty. The main in question is 12" in diameter. Alderman Puttick requested that the Region be contacted to determine if they will construct this main as it is located on a Regional Road, and that the matter be brought back to Council. :Al~&rman Puttick also asked why funds had been included in the Capital Budget for a sanitary sewer on Sodom Road from Main to Wainbrenner, and why an advertisement had appeared in the press regarding the application to the O.M.B. for ap~sovatkof this work, when Coum il had requested a report prior to monies being spent on the project. The Municipal Works Director advised thata thoughtan advertisement had been placed in the press following the two readings given to the construction by-law for this work, and the funds had been -included in the budget, it did not necessarily mean that Council must.proceed with the work. It was also advised that the report requested by Council would be submitted at the next meeting. 2) Capital Budget - Roads - Page 5 In response to a question raised by Alderman Thomson, the Muni~ipal Works Director advised that the first three road projects under this section were part of the Dr,,mmond South N.I.P. Area. Under the N.I.P. Program, funds wtll be allocated to municipalitie~ for watermain replacement, sidewalks, storm and sanitary sewers. These items are non-subsidizable from o~her sources. By including the road work in the Capital Budget, the City will receive 50% subsidy from the M.T.C. : : 3) Capital a~dSet - Perkin2 Lots - Page 7 Alderman Thomson referred to an amount of $200,000 in the budget for a parking lot in ~he Ferry Street - Stanley Avenue area. Since it is the RagJones. - 7- intention to eventually remove on-street parking in this area, it is necessary to include an amount for the purchase of land for a parking lot. Alderman Wallace suggested that funds could be used from the parking meter revenue to offset suc~ a cost. The Projects & Services Engineer advised that this matter will be considered at the next Municipal Parking Connnittee meeting. 4) Capital Budget - Storm Drainage - Page 8 In response to a question raised by Alderman Thomson, the Municipal Works Director explained the importance of updating the R.V. Anderson Report, particularly in view of the fact that the south end of the City cannot be fully developed _until it is determined how the area should be serviced, along with the ecological aspects involved in the watercourses located in this part of the ~ity. Alderman Puttick asked if the developer of the proposed Portage Green Subdivision would contribute towards the cost of the sewer extension on Brooks Crescent, if the extension would serve to drain the property. The Municipal Works Director advised that these lands would be serviced through a different outlet, and the developer would therefore not be contributing. Alderman Puttick also asked if staff had met with any developers regarding the financing of improvements to Shriner's Creek. The Municipal Works Director advised that meetings had only been held with government agencies so far. 5) Capital Budget - Miscellaneous - Page 11 In response to a number of questions raised by Aldermen Smeaton, the City Manager advised that before any funds are spent, the City hopes to have planned well enough in advance that O.H.C. will be in a position to take over the project, as was the case last year. It was further advised that with regard to the Senior Citizens Recreation Centre, construction could be deferred, but the funds for land acquis ition should be included. Alderman Puttick asked why funds for the construction of a new court house had not been placed in the budget for the next five years, when it is anticipated that the population of Niagara Falls will increase substantially, and this service will be required. The City Manager advised that such a cost would be a Provincial responsibility, and the amount had only been included to inform the Province that the City is interested in having a new court house. It was felt that the monies could not be justified in 1976, and that the only other alternative would be to include them under 1978. Following review of the final items, it was moved by Alderman Wallace, seconded by Alderman HArrigan, that the 1976 Capital Budget be approved, and that an amount of $2,000~000 be placed under 1978 for the construction of a court house and parking area. The motion Carried unanimously. It was moved by Alderman Smeaton, seconded by Alderman Stewart, that the meeting adjourn to C~lttee of ~. READ AND ADOPTED, Council met in Committee'e en Monday, December 8, 1975, following a regular meeting of Co~.C~..w All Members of Council were present with the exception of Aldermen Crowe, Fera and Wallace. His Worship, Mayor Bukator presided as Chairmen. Following consideration of the items presented, the Comittee of the Whole arose without repor.ting, '~aaaa, READ AND ADOPTED, ' m m -8- COUNCIL MEETING Council reconvened in open session following a meeting of the Committee of the Whole. All Members of Council were present with the exception of Aldermen Crows, Fera and Wallace. His Worship, Mayor Bukator presided as Chairman. The meeting adjourned. READ AND ADOPTED, MAYOR THIRTY-NINTH ~ETING Conunittee Room #1 December 15, 1975 Council met in Committee of the Whole at 7:00 p.m. on Monday, December 15, 1975. All Members of Council were present with the exception of Aldermen Orr and Smeaton. Alderman Fera presided as Chairman. Following consideration of the items presented, arose without reporting. ~AAA~ ~ ~D A~ADOPTED, the Committee of the Whole MAYOR Council Chambers December 15, 1975 Council met on Monday, December 15, 1975 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 Bukator presided as Chairman. Alderman Puttick expressed his hopes that the working relationship between the Council and staff will improve in the future. ADOPTION OF MINUTES ORDERED on the motion of Aideman Fera, seconded by Alderman Mann, that the minutes of the meeting of December 8, 1975, be adopted as printed. PRESENTATION OF MUNICIPAL TRAINING COURSE CERTIFICATES Report No. 689 - City Manager - The report recommends that certificates for the successful completion of municipal training courses be presented to certain employees. His Worship, Mayor Bukator presented certificates to Mr. Mohanned Ali, Mr. Steve Hotton, Fur. Douglas Foster, Mr. Steve Toth, Mr. Frank Mazzei, Mr. George Emery, Mr. Kent Askew and Mr. Frank Higgins. ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the report be received and adopted, and the congratulations of Council extended to these employees. DEPUTATIONS PROPOSED DEVELOPMENT - FORI~ER JULES VERNE PARK SITE Mr. D. Taft of the Taft Broadcasting System was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Fera. Mr. Taft introduced Messrs. G. Wachs, J. Lawrence and C. Flatt of the firm which is a Canadian subsidiary of an American company. Mr. Taft advised that his firm is involved in the broadcasting field, a large film operation (Hanna-Barbers) in Los Angeles, and the amusement-theme park field. Information pamphlets on the existing King's Island theme park in Cincinnatti, Ohio, were distributed to members of Council. Mr. Taft ~tated that his firm was presently negotiating an option with the owners of the Jules Verne site to run a similar operation in Niagara Falls. This development will be more tourist oriented in view of the tourist industry in Niagara Falls. Mr. G. Wachs continued the presentation, explaining that the park will be designed for family entertainment, and there will be a one-price admission fee to the park facilities. The theme will be of an historical nature, with the emphasis on landscaping. The development would take place in stages, with an ultimate expenditure of $50,000,000. The operation will employ thirty to forty full-time employees, and roughly five hundred hiSh-school end university students in the summer season. The proposal includes a steam-train ride, animated characters, a live show programme with entertainment provided by hi~hschool and university students, a saloon, games buildings rides, a restaurant, and in the future a motel, golf course and camping area. Mr. Wach8 anticipated that the first year would attract 800,000 people to the park. Additional information was provided in response to questions raised by members of Councils with regard to the propoded development. Alderman - 2- Michael suggested that the N.R.T.A. would provide any assistance or information required with regard to the local tourist indus try. His Worship, Mayor Bukator ~ffered the support of Council and staff to the Taft Broadcasting Co. in the development of this project. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson, that Council endorse in principle the concept of the theme park on the sDuth side of the Welland River as presented by representatives of the Taft Broadcasting Company, and further that staff be authorized to work with the developer, and the Region to co-ordinate finalisation of the servicing agreement. PROPOSED REGIONAL WASTE DISPOSAL SITE Comm. No. 126 - Mr. James Masler - Requesting an opportunity to address Council regarding the proposed RegiOnal waste d~sposa! site at Yokc~Road and Buchner Road.' ........ 'C~. No. 127 - Mrs. Elsie S. Bobbins - Expressing objection to the Region's proposed waste disposal site. Comm. No. 128 - Mrs. F. Walker - Expressing objection to the Region's proposed waste disposal site. Comm. No. 129 - Mr. &Mrs. R. McKenney - Expressing objection to the Region's proposed waste disposal site. Mr. Masler ~as granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Fern. Mr. Masler distributed copies of his submission to members of Council. In outlining the objection of residents in the area to the proposal, Mr. Healer advised that the proposed site is in a swamp area, and is prone to flooding in the Spring and Fall, making the site unsuitable for a drying area or safe storage of noxious materials. There are many houses nearby, more than bordered the first site. The area is zoned agricultural and rural estate. The site is at least a mile and a half from suitable all-weather truck roads. The swamp is the headwaters fdr three streams, two of which Join to form Tee Creek, and the third flowing into Lyons Creek. The Region has made no mention of compensation to area residents regarding the possibility of poisoned wells, and for the difficulties of selling or renting houses around the site. Mr. Healer requested Council to support the residents, and to notify the Regional Council and Ministry of the Environment accordingly. NO~E: Alderman Smeaton arrived at the meeting. Regional Councillor Mitchelson pointed out that Council and the residents would have an opportunity to express their objections before an environmental board, and also before the O.M.B. on the rezoning. HiS Worship, Mayor Buhator advised that he was aware the matter would be discussed a~ Regional Council, but pointed out that no action could be taken until the public had an opportunity to speak on the matter. He further pointed out that the public would have this opportunity before the environmental board, and the Ontario Municipal Board. Members of Council discussed this point at length, and following the discussion, it was moved by Alderman Thomson, seconded by Alderman Schisler, that Council endorse the concerns expressed in the submission of Mr. Rasler on behalf of the residents of Ward 4, and request that the Regional Municipality of Niagara provide a public hearing on the matter. The motion ~arried with Alderman Puttick voting contrary, and all others in fayour. It was further moved by Alderman Thomson, seconded by Alderman Schisler, that the communicatiOm from Mrs. Robbins, Mrs. Walker and Mr. &Mrs. R. McKenney be referred to the Region. The motion ~sr[ied unanimously. UNFINISHED BUSINESS L~NDFILL SITE F~ES Report No. 690 - City Manager - The report outlines reconnnendations made as a result of meetings held with City staff, Mayor Bukator and Alderman Thomson, Mrs. P. Walker and local contractors to deal with the new procedure, and reckends that a by-law be prepared including the new procedures to be adopted by Council. ORDERED on the motion of Alderman ~homs0n, seconded by Alderman Fera, that thereport be received and adopted, with the adoption of option 2 (b). The motion Carried with Aldermen Crowe and Wallace voting contrary, and all others in favour. Aidemen Hsrrigen and Schteaer were absent when the vote was taken on this matter. -3 - PALMER AVENUE EXTENSION Report No. 691 - City Manager - The report recommends that the by-law autkrizing the acquisition of 5050 St. Clair Avenue, 4921 Ontario Avenue and 5042 St. Clair Avenue be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adopted. See By-law No. 75-262 NOTE: Aldermen Harrigan and Schisler were absent when the vote was taken on this item. SODOM ROAD SANITARY SEWER Report No. 692 - City Manager - The report provides additional information on the proposed installation of a 30" sanitary sewer on Sodom Road between Main Street and Weinbrenner Road. The report suggests that Council determine whether it wishes the Region to initiate the 30" sewer on Sodom Road, whether it wishes the Region to be involved in the installation of a watermain on Sodom Road between Main and Weinbrenner, and if. Council wishes to cancel one or both of these projects. Alderman Puttick stated that the report provided more detailed information which had not entered into previous discussions, and felt that the report should be tabled, and a copy sent to the Region to answer the q nestions raised. Alderman Mann asked if the report is tabled, would it delay the construction of sidewalks in this area, which was to be done in conjunction with the installation of the watermain. The Municipal Works Director advised that the sidewalk construction could be done under a separate contract. He further advised that since the by-law still requires a third reading before it~is official, the suggestion to table for additional information would be appropriate. · ORDERED on the motion of Alderman Puttick, seconded by Alderman Smeaton, that the report be tabled, and a copy be sent to the Region in order to obtain answer~ to ~he, questions raised in the report. NGEE: Alderman Harrigan was absent when the vote was taken on this item. NIAGARA SQUARE Report No. 693 - His Worship, Mayor Bukator - The report advises that the Qntario Municipal Board has given formal approval of By-law 72-138, as amended by By-law 75-250 relating to the rezoning for Niagara Square. In the report, His Worship, Mayor Bukator expressed his appreciation to the Region, and all members of Municipal staff for their work in bringing the matter of rezoning to a successful conclusion. ORDERED on the motion of Alderman Michael, seconded by Alderman ThomsOn, that the report be received and filed. NOTE: Alderman Harrigan was absent whe~ the vote was taken on this item. BUCKLEY AVENUE SCHEb~ Report No. 694 - City Manager - The report makes th~ following recommendations: 1) That Regional approval be requested for the storm drainage method; 2) That the Senior Citizens' Association be requested tosupport the location of the Centre and commit their fund drive; 3) That the Library Board be requested to co,.-.~nt on the overall scheme layout; 4) That O.H.C. be asked to commit the purchase of Phase 2and 3 subject to the conditions in Appendix III; 5) That C.M.R.C. be requested to approve the concept for future financing commitment; and 6) That an Official Plan Amendment be prepared and submitted to the Planning & Development Committee. ORDERED on the motion of Alderman Mann, seconded by A~derman Michael, that the report be received and adopted. NOTE: Alderman Marrigan was absent ~hen the vote was taken on this item. CO~UNICATIONS No. 130 - Ministry of Energy - ~he connunication seeks the co-operation of all Municipal Councils in an effort to ensure that decorative outdoor lights are used with energy conservation in mind. ORDERED on the motion of Alderman Michael, seconded by Alderman Ferns that the communication be received and filed. NOTE| Alderman Harrigan was absent when the vote was taken on this item. m -4- REPORTS No. 695 - Planning & Development Committee - Re: AM-23/75, Dow Construction, North Side of Barker Street. The Committee recommends that the application of Dow Construction to permit the construction of five townhouse buildings, be denied. Alderman Smeaton advised that the proposal of Dow Construction was not feasible for this particular piece of property, and further advised he had heard the Company'sownetship of~the~tanda was only subject to rezoning and development. In view of these facts, the Alderman felt the application should be denied, and the property retained for its historical significance. ORDERED on the motion of Aldermen Smeaton, seconded by Aldermen Stewart, that the recommendation of the Planning & Development Committee be adopted, and the application be denied. The motion Carried unanimously. Alderman Smeaton felt that the Federal and Provincial Governments should be contacted for assistance and support in order to save the property for historical park purposes. He suggested that an appraisal be carried out to determine the value of the property. Alderman Crowe expressed concern about an appraisal, and felt that staff should negotiate a price with the owner, since the value of the land is dependent upon_the use of the land. Alderman Wallace suggested that the matter should be discussed in Committee of the Whole once a value is determined. ORDERED on the motion of Aldermen Smeaton, seconded by Alderman Crows, that staff investigate the actual ownership and terms' of ownership of the land, that staff be authorized to negotiate with the owner of the property to determine the value of the land, and further that funds be solicited from the proper authorities in order to retain the property for historical purposes. The motion Carried unanimo~sly. r NOTE: Alderman Rarrigan was absent when the vote was 'taken 'on thisitem. No. 696 - Planning & Development Cou~lttee - Re: AM-32/75, C. & N. Zarafonitis on Ferry Street. The C~ittee recommends that Caunai}'certify by resolution that the application conforms to Official Plan Amendment No. 28 of 'the Niagara Falls Planning Area as amended and approved by the Minister of Housing, and further that Council approve the application subject to the applicant's entire holdings being rezoned to C.1.A. under By-law 5335 and Development Control. ORDERED on the motion of Alderman Thou~on, seconded by Alderman Fera, that the recommendations of the Planning & Development Committee be adopted. See Resolution No. 144 See By-law No. 75-263 No. 697 - City Manager - Re: Niagara Falls Fire Department Rescue and Recovery Unit. The report provides information on the Rescue and Recovery Unit. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be receivedand filed. No. 698 - City Manager - Re: Contingency Plan for Spills of Oil and other Hazardous Haterisis. The report raceamends that staff be authorized:to participate in an interimco-ordination of efforts to contain damage from spillS'within the Regional Municipality of Niagara.. Alderman Puttick was concerned that this service could be a duplication of s~rvie~sfpravided by other sources. The Fire Chief explained that this is a Regions1 plan which the area municipalities were adOp~ing~ and the plan 'would provide this service. Representatives of Niagara Falls and St. Catharines had requested that in the event of a spill, that the 'area municipality be notified firsts so that immediate action can be-taken if local forces can control'the spill. It was felt that if the Region were to be contacted firsts there could be a delay in handling the spill. ORDERED on the motion of Alderman Michaels seconded by A~derman Stewart, that the report be received and adopted. No. 699 - City Manager - Re: Permitting of Municipal Park Facilities. The report recommends approval of the permit system for use of City parks, the permit form, application £orm 'and'rdles. ORDERED on the motion of Alderman ~nn, Seconded by Alderman Schisler, that the report be received and adopted. No. 700 - City Manager - Re: School 'Bus Stops. The report recommends that a by-lay be prepared to allow the establishment of school bus ioa~ing zones on roadpays under the control of the City of Niagara Falls. ORIBRED on the motion o~ Alderman Smeaton, seconded by Alderman Stewarts that .... t~e .~por~ be received and adopted ....... 5 -5 - No. 701 - City Manager - Re: Tax Prepayment Certificates. The report recommends that due to the greatly diminished number of certificates issued, that the sale of tax prepayment certificates be abandoned and By-law 74-2 be rescinded; that those who inquire be given a copy of this report and its attachments and be mede aware of the rates available elsewhere; and that a deposit in respect to taxes be accepted if so desired until the date of demend of the Interim Tax Bill of each year, but with no interest allowed. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and ad~pted. No. 702 - City Manager - Re: Building By-law ~jnendment. The report recommends that the by-law amending By-law 74-47, whiChtwill adopt the 1975 Building Code be given the necessary readings. ORDERED on the motion of Alderman ThomeOn, seconded by Alderman Crowe, that the report be received and adopted. See By-law No. 75-240 No. 703 - His Worship, Mayor Bukator - Re: Local Campus - Niagara College. The report recommends that a special conmittee be established composed of His Worship Mayor Bukator, the City Manager, Aldermen Thomson and Orr, to assist representa- tives of Niagara College in reaching a decision on the location of a Niagara Falls campus. ORDERED on the motion of Alderman Schisler, seconded by Alderman Smeaton, that the report be received and adopted. No. 704 - City Manager - Re: Updating of City's Tender Documents (Policy and Procedural Sections) and Procedure. The report recommends certain changes in City tender documents, to be incorporated in 1976 contracts. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thorason, that the report be received and adopted. No. 705 - City Manager - Re: Model Municipal Noise Control By-law and Hodgson's Steel. The report provides information on the status of the M.O.E. Model Municipal Noise Control By-law, and the steps taken by the City to meet the intent of the model noise.by-law. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Stewart, that the report be received and filed. No. 706 - City Manager - Re: Proposed "Moretie Estates" Subdivision. The report recommends that ~ands owned by the developer of this land be ~xchanged for City owned lands (both beingl.6 acres in size), which will facilitate the .development of the lands, and also be advantageous to the City. It is further recommended that all costs incurred in the transfer be borne by the developer. In response to questions raised by Aldermen Puttick, the Planning Director provided clarification on the number of 4welling units to be built in comparison to the number of units allocated under the restriction imposed, until · expansion of the pollution plant takes place. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the report be received and adopted. No. 707 - City Manager - Re: Proposed Plan of Subdivision - Westwood II. The report a4vises that Klydel Holdings has submitted a revised plan altering the original proposal by converting approximately 52 of the originally proposed single family lots to 41 semi-detached lots. The Planning & Development Committee recommend that the percentage of semi-detached lots in new or approved subdivisions be permitted to approach up to 45%.provided that sample types and site plans for the units to be erected are submitted with the application, and further that this policy is to be reviewed on or before July 1, 1976. It is also reconlnended that the modification to SubdiVision 26T-25271 Westwood Extension II which includes up to 45% semi-detached lots .and in accordance with the design rules as submitted by Klydel be approved. This amendment to apply to this subdivision only. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the reconunendations of the Planning & Development Committee be adopted. No. 708 - City Manager - Re: Part of Township of Stamford Lots 14 & 27, Adjacent tothe Q.E.W. and Mewburn Road. The report advises that the M.T.C. has enquired if the City would be interested in ~cquiring the subject lands. It is recommended that the Ministry be informed that the City does not wish to purchase this -property. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that t~e'~eR~[~ be received and adopted. No. 709 - City .Manager - Re: Population - City of Niagara Falls. The report advises of the official population for the City of Niagara Falls of 67,892 as prepared by the Assessment Department of the Provincial Ministry of'Revenue. ORDERED on the motion of Alderman Michael, seconded by Alderman Crowe, that the report be received and filed. No. 710 - City Manager - Re: Proposed 1976 Sewer and Water Capital Budget for the Regional Municipality of Niagara. The report reconmends that the tnstallatiox of a short section of sanitary sewer on Stanley Avenue from the trunk sewer across J.N. Allan Park to Murie Street be included in the 76-77 budget of the Region. It is suggested that the Region be requested to send an explanatory ~eport to Council on the various items suggested for the 1976 sewer and water budget, and how the r~mainder of the construction costs will be financed, including some statement of the legal commitment once a project has started. ORDERED on the motion of Alderman Puttick, seconded by'Alderman Thomson, that the report be received and adopted. No. 711 - City Manager - Re: Tender Award for Contract L.I. 28-75, Local Improvement Storm Sewer. The report recommends that the unit prices submitted by the low tendeter Kerrio Ltd. for contract L.I. 28-75 be accepted, and that the by-law authorizing the execution of a contract agreement be given the necessary readings. ORDERED on the motion of Alderman Mann, seconded By Alderman Fare, that the report be received and adopted. See Resolution No. 145 See By-law No. 75-264 No. 712 - City Manager - Re: Street Light Maintenance. The report advises that the Niagara Fails Hydro intends to eliminate the street light patrol at night in order to reduce budget costs. It is recommended that Council concur with this change in the elimination of the night shift. ORDERED on the motion of Alderman Mann, seconded by Alderman Michael, that the report .be received and adopted. No. 713 - City Clerk - Re: Municipal Licences. Recommending approval of municipal licehess. ORDERED on the motion of Alderman Michael, seconded by Alderman Schisler, that the report be received and adopted, and the licences granted. No. 714 - City Manager - Re: Municipal Accounts. Recommending payment of municipal Accounts. In response to questions raised by Alderman Puttick on Cheques ~27654 and ~27736, the Planning Director provided clarification. The City Manager gave an explanation of Cheque ~27721 in response to a question raised by Alderman Schisler. t ORDERED on the-motion of Alderman Michael, seconded by Alderman Fare, that the ~eport be received and adopted. NOTE: Alderman Puttick declared a conflict of interest on Cheque ~27720. RESOLLFflONS : · No. 144 - THO~ON - FERA - RESOLVED that the Council of the Corporation of the City of Niagara 'Falls hereby certify that the application of C. & N. Zarafonitis for the rezonin8 of Part Lot 69, Plan 653~ being 5513 Ferry Streets conforms to 'Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 145 - MANN - FERA - RESOLVED that the tender submitted .by Kerrio Limited for the construction of local improvement storm sewers be accepted at the tendered p~ice of $182,966.22; AND the Seal of the Corporation be hereto affixed. · Carried .Unanimously · ' ','. .' BY-lAWS .,~ u ,..: . .... .,,.~ .,.~, ORDERED on the motion of Alderman Wallace, seconded by Alderman Mann, that By-law No. 75-188 be now given a =Chird and final reading: No. 75-188 - A By-law to authorize the reconstruction of Robinson Street from Stanley Avenue toClark Avenue. Carried UnanimousIX - 7- ORDERED on the motion of Alderman Wallace, seconded by Alderman Schisler, that leave be granted to introduce the following by-laws, and the by-laws be given .a first reading: No. 75-240 - A By-law to amend By-law No. 74-47, being the Building By-law of the City of Niagara Falls. No. 75-261 - A By-law to authorize a subdivision agreement with Herman Damore Builders Limited (MacDonald Subdivision). No. 75-262 - A By-law to acquire certain lands for public highway purposes. (Palmet Avenue Extension) No. 75-263 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-32/75, Zarafonitis on Ferry Street) No. 75-264 - A By-law to authorize the execution of an agreement with Kerrio Limited for the construction of local improvement storm sewers on Carroll Avenue, Harriman Street, Woodland Boulevard and Frederica Street. (L.I. 28-75) No. 75-265 - A By-law to provide monies for general purposes. Carried with Alderman Puttick 'abstaining on a conflict of interest on Cheque #27720 of By-law No. 75-265. ORDERED on the motion of Alderman Mann, seconded by Alderman Wallace, that the by-laws be now read a second and third time: No. 75-240 - A By-law to amend By-law No. 74-47, being the Building By-law of the City of Niagara Falls. No. 75-261 - A By-law to authorize a subdivision agreement with Herman Damore Builders Limited (MacDonald Subdivision). No. 75-262 - A By-law to acquire certain lands for public highway purposes. (Palmar Avenue Extension) No. 75-263 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-32/75, Zarafonitis on Ferry Street) No. 75-264 - A By-law to authorize the execution of an agreement with Kerrio Limited for the construction of local improvement storm sewers on Carroll Avenue, Harriman Street, Woodland Boulevard and Fredcries Street. (L.I. 28-75) No. 75-265 - A By-law to provide monies for general puzposes. Carried with Alderman :. Puttick abstaining on a conflict of interest .on Cheque #27720 of By-law No....75-265. NEW BUSINESS PRESS COVERAGE OF COUNCIL MEETINGS Alderman Michael felt that members of the press should be allowed to attend ~all meetings of Council, including Committee of the Whole. Reference was made to ~a recent article in the Niagara Falls Review criticizing the meetings held in ~losed session. The Alderman felt that members of the press should be allowed to attend Con~nittee of the Whole meetinSs on the understanding that items dealing with personnel, litigation end property acquisition would be treated with discretion, and would thereby put an end to leaks of information to the press. Alderman Thomson advised that he hsd discussed s similar arrangement with representatives of the Review~ and the suggestion had been turned down. Alderman Mann pointed out that any decisions reached in Co~nittee of the Whole were ratified in open Council within several weeks. Alderman Fera felt that " · 8 -g_ by opening all meetings to the press, the onus would be placed on the press to demonstrate their sense of responsibility. Alderman Crowe defended the Committee of the Whole meetings which allowed matters of personnel, property acquisition and litigation to be discussed candidl.y and openly, enabling Council to make valid decisions. Both Aldermen Harrigan and Wallace were critical of the reaction Council has to articles 'and "instant editorials" appearing in the press, and felt that it was Council's right to determine the method in which the business of the City is to be conducted. Alderman Puttick pointed out that if the press were excluded from the three matters dealt with in Committee of the Whole, there would be no meetings for them to cover. Following further discussion on the matter, it was moved by Alderman Michael, 'secondedby Alderman Fern, that members of the press be allowed to attend all meetings, including meetings of Committee of the Whole, on the understanding that items dealing with litigation, personnel matters and property acquisition be treated with discretion. The motion was Defeated with the following vote: AYE: Aldermen Fera, Michael and Thomson. NAYE: Aldermen Crows, Rarrigan, Mann, Puttick, Schisler, Smeaton, Stewart and Wallace. REGIONAL BUSINESS & INDUSTRIAL DEVELOPMENT SUB-CO~flTTEE Alderman Marrigan expressed grave concern over the recently established Regional Business & Industrial Development Sub-Connittee, and their involvement in the development of industry in the Niagara Region. At a Council Committee meeting held on February 25, 1974, Council mat with representatives of the ' Region regarding the Regional Niagara Policy Plan, and concern had been expressed at that time, over the Industrial section of the Plan. Regional officials had explained that they would be providing assistance to smaller Area Municipalities in attracting and providing services to industry. Alderman Earrigan felt that since the City of Niagara Fails had a Business and Industrial Growth Committee working to attract industry to this City, the Committee could be in competition with the Region. In a letter dated September 19, 1975, the Regional Planning Director invited representatives of ~he City to attend a meeting of their Sub-Committee, to discuss their draft terms of reference. The Alderman was very concerned over these suggested terms of reference, and felt that the establishment of this Conaaittee wouid hdve a very far-reaching'and serious effect on the municipalities in the Region. It was moved by Alderman Marrigan, seconded by Alderman Wallace, that staff obtain information on the Regional Business & Industrial Developmant 'Sub-Committee report back to C~uncil with this information, and further that the City Solicitor prepare a report outlining what steps the City can take to negate the formation of this Committee, and their involvewent in industrial' growth inthe-'Region. The motion Carried unanimously. PAIL SHIP~NT OF DANGEROUS NATER/AI~ : - - · Aldermen Smeaton referred to the explosion of a chemical tank car in Niagara Falls, New York, resulting in the death of four 'perSons and injuries tomany others, At the Council .meeting of October' 20fib, Alderman Smeaton had requested that staff 'contact officials of the Penn Central to determine if dangerous materials were being shipped through the City of Niagara Falls. The City Clerk advised that he had received a letter from the Divisional Superintendent of the Penn Central, stating that the. ettyas ~etter would be referred to the appropriate persons in the Company for reply. The Clerk indicated that he would contact the Penn Centr01 again, in view of the incident in Niagara Falls, New Yorkj It was moved by Aldermen Puttick~-seconded-hy Alderman Stewart,'that the mastinS adjourn, READ AND ADOPTED, FORTIETH MEETING Committee Room #1 December 22, 1975 Council met in Committee of the Whole at 7:15 p.m. on Monday, December 22, 1975. All Members of Council were present with the exception of Aldermen Crowe, Michael and Smeaton. Alderman Schisler presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, \ ~. MAYOR Council Chambers !' December 22, 1975 Council met on Monday, Decemb%~v2~; 1975 at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Crowe. His Worship, Mayor Bukator presided as Chairman. Alderman Wallace offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the minutes of the meeting of December 15, 1975, be adopted as printed. DEPUTATIONS TRAPPING OF ANIMALS Mrs. L. Gerow of the Humane Society was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Orr. Mrs. Gerow advised that the City of Niagara Falls has no by-law regarding the use of steel leg-hold traps. This results in the trapping of many innocent animals, including cats and dogs. It was advised that only one out of three animals caught in a trap is the animal intended to be trapped. A film was presented, showing the cruelty and suffering caused by the use of these traps. A recently designed trap was suggested, which provided a more humane method of trapping animals than the steel leg-hold trap. Mrs. Gerow requested that Council take some action to ban the use of the steel leg-hold traps in the City of Niagara Falls. Alderman Wallace asked if the Municipality had the authority to pass such a by-law. The City Solicitor advised that he was not aware of such a provision in the Municipal Act, but was unsure if legislative authority existed in any of the other Provincial Acts. He suggested that a report could be submitted at a ' subsequent meeting, outlining Council's authority in the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann, that the matter be referred to the City Solicitor for the preparation of a report outlining the legislative authority of Council in this. matter. NIAGARA SQUARE Mr. C. Magwood, Vice-President of Cambridge Leaseholds was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. Mr. Magwood advised that Cambridge has signed an assumption agreement binding the company to the financial aspects of the subdivision agreement, and from s legal standpoint, all steps have been completed in order to proceed with the details of the concept and physical plans of the project. Cambridge has retired certain outstanding debts of Mardress, making Mardress now a company in good standing. It was further advised that the fi~m Mardress Investments will adopt the name of the project as the company title. The major tenants of the plaza will be Robinson,, Dominion Stores and K-Mart. Architects have been engaged for the project, and Denms & Smith will be designing all internal servicing for the project. Mr. Magwood outlined the changes made in the draft plan of subdivision. Preliminary design plans were displayed in the Council Chambers, and Mr. Nagwood provided information in response to questions raised by members of Council. The majority of the discussion centred around the major tenants in the plaza, as well as discussion on future phasing, leasing of satellite stores and industrial uses. Report No. 715 - City Mann er - The report recommends preliminary approval to the revised Draft Plan of ~ubdivision subject to certain conditions, and further that the Regional Municipality of Niagara be requested to support these revisions to the Draft Plan. . ..... 2 - 2- Following further discussion, it was moved by Alderman Thomson, seconded by Alderman Schlsler, that the report be received and adopted. The motion Carried unanimously. UNFINISHED BUSINESS PROPOBED ONTARIO HOUSING CORPORATION SUBDIVISION Report No. 716 - Planning & Development Cu~ittee - The report advises that the Planning & Development Committee, at its meeting of December 17, 1975, dealt with the application of Ontario Housing Corporation for development of a subdivision west of Montrose Road and south of Lundy~s Lane. " Alderman Harrigan suggested that the matter should be referred back to the ~lanning & Development Committee in the hope that there will be room for compromis~ and flexibility on the part of O.H.C. and the Conmittee. Alderman Mann agreed that the plan should be referred back to the Committee in order to work with the architect on the design of the zero lot-line concept, which was the major concern of the area residents. Alderman Smeaton expressed his concern over the number of single-family units in the plan, ss well as other proposed plans in the area. He agreed that this type of development was necessary, but felt that the plan should be reviewed by the architects in an attempt to increase the number of single-family units. Alderman Puttick felt that if the matter was referred back to the Committee, those members of.CodnCil not s itting, On the Committee would not be aware of the basic facts and background. The Alderman felt that O.H.C. had already campromised on the plan submitted in comparison with the original proposal, and pointed out that the architects had worked on the plans as authorized by Council for six months. Alderman Wallace felt it was reasonable to refer the matter back to the Committee, but emphasized that all objectors should be notified of meetings and have an opportunity to attend. Alderman Orr expressed his concern o~er the number of multiple-family units in the plan, and the lack of space between the single-family units. Mr. A. Alic of O.H.C. was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Mann. Mr. Alic stated that he realized this type o~'housing was new to Niagara Falls, but pointed out that it has been tested and .proved successful in municipalities throughout Canada and the United States. The basic reason for the number of multiple-familY units was the cost. This type of housing will assist persons with mqderate and low incomes to purchase homes. 0. N.C. is .not attempting to compete with the private housing sector, and therefore can sell homes for less. It was hoped that with strict control of architectural design and landscaping, there.will b~ a high qual development. Mr. Alic further pointed out that the number of multiple-family units had been reduced by 43 units from the original plah approved in June. Mr. W.'Murray, architect for the project described in detail the zero lot-line concept. He explained that the town housing would be located on eul-de-sacs, and the semi-detached and single-family housing would be on the main streets of the subdivision. Sidewalks and curbs would be constructed in accordance with City policy. The entire project will be architecturally controlled, with materials and colours eo-ordinated throughout the project. Mrs. J. Vincent, a resident on Moatrose Road, was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Smeaton. Mrs. Vincent confirmed the objections of the residents to the proposal, as made previously, and advised that due to the size of lots and the zero lot-line, the develbpment.would be~overcrOwded. to.enable persons He also felt that Aldermen Stewart felt that the development was necessary living in less fortunate surroundings to own their own homes. Council should deal with the matter, rather than delaying by referring it back to the Committee. Alderman Marrigan reminded members that Council gave approval in principle to this plan~ and directed that detailed plans be prepared. He also. pointed out that residents would still have an opportunity to present their! objection when the plan was submitted to the Ontario Municipal Board. Following. further discussion, it was moved ~y Alderman Wallace, seconded by Alderman Fare, that the application be tabled'for further consideration by the Planning and Development Cum~lttee. The motion was Defeated with the following vote: A~E: Aldermen Fete, Mann, Michael, Thomson a~d' Wallace. ~ ~'_~_~___YE:.Aldermen Harrigan, art, puttick,-Schisler, Smeaton and Stewart. It was then moved by Alderman HarriSan, seconded by Alderman Puttick, that the concept plans for the development of the subdivision,,as revised, be approve and ~at.the Ministry of M?using .be advised accordingly. The'motion Carried. wi~h 'the'~011owing vote;' Aldermen Fera,'Harrigsn, Puttick, Schisler, Stewart and Thomson.. ~__~: Aldermen Mann, Michael, art, Smeaton and Wallace. . .... 3 - 3- It was moved by Alderman Stewart, seconded by Alderman Fera, that the firs t four reports be brought forward for cons ideration at this time. NOTE: Aldermen Orr, Schisler, Smeaton and Wallace were absent when the vote was taken on this matter. REPORTS No. 717 - Planning & Development Committee - Re: AM-28/75, Yorkfield Agencies Ltd. South Side of Ker Street. The Committee reconmends that the application of Yorkfield Agencies Ltd. be approved, 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. Aldermen Puttick and Thomson expressed concern over the limited parking provided, and the fact that a precedent could be set in approving the application. The Planning Director advised that the proposed use was an uncommon situation, and would come up very seldom. ORDERED on the motion of Alderman Harrigan~ seconded by Aldermmn Stewart, that the recommendations of the Planning & Development Committee be adopted. The motion Carried with Aldermen Puttick and Thomson voting contrary, and all others in fayour. See Resolution No. 146 See B~-law No. 75-268 No. 718 - Planning & Development Committee - Re: AM-29/75, L. & E. Martin, Corner of Portage Road and Swayze Drive. The Committee recommends that the application for nine units be approved subject to Development Control, 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. The City Clerk read a statement prepared by Niacon Inc. on behalf of the applicant, in support of the application. Mr. H. Zerie was granted permission to address Council on the motion of Alderman Michael, seconded by Alderman Fern. Mr. Zerie advised that the proposed apartment building would be located immediately adjacent to his property. His concern was that the ground level of this property is several feet higher than his property and other adjoining properties, and the drainage would run on to his property. The Municipal Works Director advised that the subject land would require fill in the southeast corner, allowing storm water to drain onto the parking lot, and then into ditches on Swayze Drive. Storm water will nat find its way into the existing sewer system. Mr. L. Martin, the applicant, was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Wallace. Mr. Martin advised that he preferred to have eleven units approved for the apartment building, but would construct the nine units if Council adopted the recommendation of the Planning & Development Committee. Mr. F.R. Milllet also expressed concern over the drainage problems in the area, particularly in view of the number of apartment buildings proposed in this mainly single-family residential area. Mrs. A. Delazzer advised that the property in question is located in the oldest section of the City still existing. She felt that this property, as well as others in the area, should be maintained for their historical value. Following further discussion on the matter, it was moved by Alderman Puttick, seconded by Alderman Stewart, that the reconnnendations of the Planning & Development Committee be adopted. The motion Carried with Aldermen Rarrigan and Michael voting contrary, and all others in favour. See Resolution No. 147 NOTE: Alderman Thomson retired from the meeting. No. 719 - Planning & Development Committee - Re: AM-33/75, W. Molodynia, North Side of Main Street. The C~matttee recommends that the application be denied on the basis that there is no need to extend the Tourist Commercial designation at this particular time. The City Clerk advised that the applicant has requested that the report be tabled until January 5, 1975. ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the report be tabled until January 5~ 1975. No. 720 - City Manager - Re: 1975 Local Improvement Program. The report advises sufficiently signed petitions have been received in respect to I~ems 8 (curbs, gutters, asphalt pavement-and storm sewers on Prior Crescent) and 17 (curbs, gutters and asphalt pavement on Harriman Street), under the Local Improvement Program. It is recounuended that in view of the petitions received, that Item g and Item 17 -4- be deleted fromBy-law 75-226, and that application be made to the Ontario Municipal Board for approval of the remaining Work. The City Clerk advised that it was the opinion of the City Solicitor that approval of the by-law with the exclusion on Prior Crescent and Harriman Street and Prior Crescent would be very unlikely, and the alternative is to delete the work entirely, and reinstate part of the work in the 1976 progran=ne. Mr. T. Matthews, representing residents of Prior Crescent, was granted permission to address Council on the motion of Alderman Mann, seconded by Alderman Stewart. Mr. Matthews advised that the residents were in agreement with the storm sewer construction, but felt that .the curbs, gutters and asphalt pavement construction were unnecessary. The Clerk explained that in accordance with the Local Improvement Act, the work cannot proceed. The By-law was adver- tised as a "package deal", and exclusion of certain work from the By-law would require further advertising. The Municipal Works Director advised that in accordance with Council's recently approved policy, the charge for storm sewer construction ~ ' under the Program would increase from $2 to $4 per foot frontage, and if the work is carried.out under the 1976 Program, the cost would be at the higher rate. The City Solicitor pointed out that the items will be deleted from the By-law in view of the objections received, but the By-law must proceed to the O.M.B. for approval of the remaining items, in order to include the work in the Capital Budget. Mr. S. Teal of Marrimsn Crescent advised that the residents did not object to the proposed work, but felt that they should not have to pay for it, since the increased traffic caused by subdivision development in the area resulted in the poor condition .of Harrimsn Street. It was the feeling of the residents that the developers of these subdivisions should assume the cos t of the road work. Mr. J.W. Gilmore of Prior Crescent also expressed the opinion of the residents, but asked what other steps could be taken. The Solictor advised that the residents could petition under another section of The Local Improvement Act, but this procedure would take time, and could carry over into 1976. The Solicitor further advised that he was not sure how this would affect the 1975 prices. Alderman Wallace suggested that the residents meet with staff to discuss the problem further. Following further discussion on the matter, it was moved by;Alderman Wallace, seconded by Alderman Sm~ato~ that the report be tabled, and that staff meet with the residents of Prior Crescent and Harrlmsn Street in an effort to resolve the matter. The motion Carried unanimously. COMMUNICATIONS No. 131 -Regional Municipality of Niagara - Re: Public Meeting - Grade Separations and Morrison Street Extension. The eommunteation advises of a public meeting to be held at the Princess Elizabeth School on January 14, 1976 at 7:30 p.m. on this matter. ~ ORDERED on the motion of Alderman Michaels seconded by Alderman Fera, that the co~,aunication be received and filed, and as many representatives of Council and staff as possible attend. NOTE: Alderman Mann was absent when the vote was taken on this matter. No. 132 - Regional Municipality of Niagara - Re: Thorold Stone Road Grade Separation - City of Niagara Palls. The communication advises of.a meeting on January 8, 1976 in the Regional Council Chambers where consultants will present their proposals on the Thorold Stone Road Grade Separation. ORDERED on the motion of Alderman Michael, seconded by Alderman Fera, that the communication hemcalved and filed, and as many representatives'of Council and staff as possible attend. NOTE: Alderman Mann was absent when the vote was taken on this matter. -No. 133 - Mrs. Joseph Liff - Re: Relief for Non-Smokers. The communication requests that Council express to the Legislature concern about the gromlng demand for legislation to control smoking in public places and buildings; to promote Non-Smokerts Week (Jan. 11 - 17/76) and.to reply, outlining the actions taken by Council. Alderman Rarrigsn stated that Mrs. Llff made some very good points in her letter, and suggested that it would be in order for Council to support -relief for non-smokers, and suggested that a resolution could be drafted for consideration of Council, supporting the idea that smoking is-harmful, and protection should be given to non-smokers. ORDERED on the motion of Alderman liarrigan, seconded by Alderman Schisler, that the City Clerk be directed to prepare a resolution in support of legislation for the protection of non-smokers, for the consideration of Council at the next meeting. -5 - No. 134 - Chamber of Commerce - The communication extends the support of the Chamber of Con~nerce to Council, for the practice of holding meetings in Committee of the Whole. ORDERED on the motion of Alderman Fera, seconded by Alderman Stewart, that the communication be .Teceived and filed. REPORTS No. 721 - Planning & Development Committee - Re: Port Colborne Official Plan. The Committee recommends that Council support the proposed Official Plan for the Port Colborne area. ORDERED on the motion of Alderman Orr, seconded by Alderman Stewart, that the report be received and adopted. No. 722 - City Manager - Re: Track and Field Facility. The report recommends that the City Manager be authorized to invite quotations for an all-weather track and field facility at Cakes Park, from firms that have built Ontario Track and Field Association proven and evaluated facilities. ORDERED on the motion of Alderman Orr, seconded by Alderman Stewart, that the report be received and adopted. No. 723 - City Manager - Re: Woodbine N.I.P. Area Planning Stage. The report recommends approval of a resolution and by-law permitting the City to make formal application to the Province for a certificate of eligibility for the implementation stage for the Woodbine Area. ORDERED on the motion of Alderman Stewart, seconded by Alderman Fera, that the report be received and adopted. See Resolution No. 149 See By-law No. 75-269 No. 724 - City Manager - Re: Ontario Home Renewal Program and Residential Rehabilitation Assistance Program. The report advises of the excellent reception for the programs received by the citizens of Niagara Falls, and provides information on the applications for assistance processed. ORDERED on the motion of Alderman Fera, seconded by Alderman Stewart, that the report be received and filed. No. 725 - City Manager - Re: Main Street Parking Lot. The report recommends that the City Manager be authorized to acquire properties at a cost not to exceed the appraised value and to construct the parking lot with minimum pavement improvements so that the total project cost does not exceed $50,000, and the City Clerk inform the Ontario Municipal Board that the City does not intend to proceed with By-law 74-263. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and adopted. No. 726 - City Manager - Re: Quotations - Rotary Mowers. The report recommends that the quotation submitted by Crawford Mower &Marine for the supply of five 25" heavy duty rotary mowers with trade-ins, be accepted. ORDERED on the motion of Alderman Michael, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 148 No. 727 - City Manager - Re: Parking on Willoughby Drive. The report recommends that parking be prohibited from both s ides of Willoughby Drive from WiIlick Road to M~in Street, except that parking would be permitted on the northeasterly side between Aberdeen Street and Welland Street. ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the report be received and adopted. No. 728 - City Manager - Re: Regional Waste Recovery System. The report recommends that Council appoint one or two Aldermen to the Policy Advisory Committee, and that staff continue its present participation on the Technical Advisory Committee. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the report be received and adoptads and that Alderman Orr be appointed to the Policy Advisory Committee. No. 729 - City Manager - Re: Methane at Houck Park. The report advises that methane gas has been found in the ground of the property adjoining the easterly border of Houck Park. It is recommended that staff be authorized to invite immediate proposals for remedial measures at Houck Park from engineering consultants to be selected in.consultation with the Ministry of Environment. ORDERED on the motion of Alderman Orr~ seconded by Alderman Stewart, that the report be received and adopted. -6- No. 730 -Citv ManaRer - Re: Establishing Reserves to Complete Projects Budget in 1975. The report advises that at the end of the City's 1975 fiscal year, certain projects included in the 1975 current budget have not been fully completed It is recommended that spending allocations be charged against 1975 accounts and set up as reserves for use in completing the specific works in 1976. ORDERED on the motion of Alderman Wallace, seconded by Alderman Orr, that the report be received and adopted. See Resolution No. 151 No. 731 - City Manager - Re: Rating By-law for $1,116,000 Debenture Issue. The report advises that a by-law has been prepared tu provide for the levy of rates to pay the principal and interest on the recent debenture issue of $1,116,000 by the Regional Municipality of Niagara for the purposes of Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that the report be received and filed. See By-law No. 75-266 NOTE: It was moved by Alderman Schisler, seconded by Alderman Stewart, that Council continue with the Order of Business, past the 11:00 curfew. The motion Carrie~. unanimously. No. 732 - City Manager - Re: Debenture Issue Request. The report recommends that the City request the Regional Municipality of Niagara to. issue debentures in accordance with the terms and amounts set out in the schedule attached, and confirm that the City has entered into a contract for, or authorized the ; cor~nencement of all works or projects included in the schedule. ORDERED on the motion of Alderman Schisler seconded by Alderman Mann, that the report be received and adopted. ' See Resolution No. 155 No. 733 - City Manager - Re: Westwood Village Extension II Subdivision. The report recommends that a special charge in the amount of $125 per acre be incorporated in the subdivision agreement for Westwood Village Extension II Subdivision. ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that ~.~ the report be received and adopted. No. 734 - City Manager - Re: City Owned Sanitary Sewage pumping Stations and Forcemalns. The report provides information on City owned sanitary sewage pumping stations and those under the jurisdiction of the Regional Municipality of Niagara. Alderman Puttick referred to the fact that other smaller area municipalities, had turned over their pumping stations to the Region, while this City is paying 100% of the operation costs for certain pumping stations%till under its jurisdiction. The Alderman felt it would be!armors equitab}e. means of sharing costs throughout the Region. The Municipal Works Director pointed out that the problem exists in the fact that there is no set procedure or guideline in the matter. He was of the opinion that certain facilities which are of benefit only to the area municipalities should remain a municipal concern. Alderman Smeaton agreed in theory with the Municipal Works Director, but felt that would be soma time' before:there was any change in Regional policy. The Alderman also felt that Niagara Falls was paying more than its share since the smaller area municipalities were not having any input. Following further discussion, it wts moved by Aldermen Puttick,' seconded by Alderman Stewart, that the report be received, and copies sent to the Regional Municipality of Niagara for co~nent. Mr. William Archer, Niagara Region Study Review Commission. The motion Carried with Alderman Smaaton voting.contrary, and all others in fayour. No. 735 - City Manager - Re: Contract G.C. 41-75, Sewer, Water and Base Road Construction in Dorchester Gardens Subdivision. The report recommends that the unit prices submitted by Provincial Construction (Niagara Falls) Ltd. be accepted, and that the by-law authorizing the execution of a contract with the contractor be given the necessary readings.. ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the report be received and adopted. See Resolution No. See By-law No. 75-26 No, 736 - City Clerk - Re: Municipal Licenoes. Recommending approval of municipal licences. ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the repor be received and adopted, and the licences 8ranted. - 7- No. 737 - City Manager - Re: Municipal Accounts. Recommending payment of municipal accounts. ORDERED on the Orr, seconded by Alderman Michael, that the report be received and adopted. RESOLUTIONS No. 146 - HARRIGAN - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Yorkfield Agencies Limited for the rezoning of Lot 60, Plan 64 and Part Lot 29, Plan 43 on the south side of Ker Street, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the Corporation be hereto affixed. Carried with Aldermen Puttick and Thomson voting contrary, and all others in favour. No. 147 - PUTTICK - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of L. & E. Martin for the rezoning of Part Township Lot 43, on the southeast corner of Portage Road and Swayze Drive, conforms to Official Plan Amendment No. 28 of the Niagara ~ Falls Planning Area as amended and approved by the Minister of Housing; AND the Seal of the. Corporation be hereto affixed. Carried with Aldermen Harrigan and Michael voting contrary, and all others in favour. No. 148 - MICHAEL - ORR - RESOLVED that the quotation submitted by Crawford Mower &Marine for the supply of five 25" heavy duty rotary mowers with trade-ins be accepted at the quoted price of $3,780.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 149 - WALLACE - STEWART - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes: 1) The submission of an "Application for Contribution - Neighbourhood Improvement Program Implementation Stage" to the Ministry of Housing for a Federal contribu- tion of $320,000 and Provincial contribution of $220,000 under the terms of Part III-1 of the National Housing Act and pursuant to the agreement entered into between the Province of Ontario and Central Mortgage and Mousing Corporation dated December 10, 1973 and Section 24 of The Planning Act, Province, of Ontario, to assist in implementing the Woodbine Neighbourhood Improvement Plan. 2) The submission of an application for an accountable advance of $50,000 and agreement to account for this amount and to apply for further payments through the submission of certified statements of implementation expenditures on a quarterly basis to the Province; AND She Seal of the Corporation be hereto affixed. Carried Un.animously No. 150 - SCHISLER - MANN - RESOLVED that the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the teE~ns and amounts set out in the schedule attached hereto; and, further, that the City of Niagara Falls hereby confirms that it has entered into a contract for, or authorized the commencement of all works or projects included in the schedule; AND the Seal of the Corporation be hereto affixed. Carried Unan. imously No. 151 - MANN - STEWART - RESOLVED that the Council of the City of Niagara Falls hereby authorizes and directs that the following amounts be established as reserve accounts and said amounts be used for the purposes enumerated hereunder: Project Amount Budget Account Code 1. Topographic mapping 2. Street lighting improvements (Chippawa) 3. Traffic signals at Queen & St. Lawrence 4. Running track 5, Ker Park extension 6. Sanitary sewer under CNR tracks (Victoria & Buttrey) 7. Christmas lighting 8. Landfill site pump station $ 9,900 11339 12,000 10878 11,000 , 651 10,000 12150 13,500 12159 5,000 11608 2,500 10877 11,000 11508 - 8 - 9. Theresa Park Fencing 10. Commercial Development 11. Fire equipment 12. Oakwood Drive improvements 13. Election costs $ 7,000 12162 10,000 12782 12,000 10714 7,000 11290 15,000 10115 AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 152 - SCHISLER - FERA - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for the construction of sewermains, watermainE and base roads in the Dorchester Gardens Subdivision, be accepted at the tendered p~ice of $209,156.95; AND the Seal of the CQrporation be hereto affixed. Carried Unanimously BUCKLEY AVENUE PROJECT ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the City Solicitor be authorized and directed to exercise the option on Lot 6, Bu~kley Avenue. Carried unanimously. ORDERED on the motion of Alderman Harrigan, seconded by Alderman Stewart, that the City enter into an agreement of purchase and sale, subject to certain conditio on Part Lot 19, 4895 Bucklay Avenue. Carried unanimously. By_lAWS ORDERED on the motion of Alderman Wallace, seconded by Alderman Fern, that By-law No. 75-152 be now given a third and final reading: No. 75-152 - A By-law to authorize the construction of watermains as improvements to the water supply ~ystem in the urban service areas-of the City. Carried UDanimous ly ORDERED on the motion of Alderman Wallace, seconded by Alderman Stewart, that leave be granted to introduce the following by-laws, and the by-laws be given a first reading: .. No. '75-266 - No. 75-267- No. 75-268- A By-law to provide for the levy of rates to pay the principal and interest on debentures of the Regional Municipality of Niagara in the principal amount of $1,116,000.00 issued for the purposes of the Corporation of the City of Niagara Falls. A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewarms: and watermains and base roads. (G.C. 41-75, Dorchester Gardens Sub'~ A By-law to amend By-law No. 2530, 1960, of the former Township ~f Stamford, now in the City of Niagara Falls, as amended. (AM-28/75 Yorkfield Agencies on Ker Street) No. 75-269 - A By-law. to adopt a redevelopment plan for the Wood. bins RedevelopmenW .Area. No. 75-270 - A Byelaw to provide monies for general purposes. . No. 75-271 - A By-law to repeal By-law No. 74-2 which allows interest on taxes paid in advance. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera~ that the · by-laws be now read a second and third time: No. 75-266 - A By-law to provide for the levy of rates to pay the principal and interest on debentures of the Regional Municipality of Niagara in the principal amount of $1,116,000.00 issued for the purposes of the Corporation of the City o~ Niagara Falls. No. 75-267 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of sewarmS and watermains and base roads, (G.C. 41-75, Dorchester Cardens Sub~d No. 75-268 * A By-law to amend By-law No. 2530, 1960, of the former Township of Stamford,'now in the City of NiaSara Falls, as amended. (AM-28/75 Yorkfield ASencies on Ker Street) ..... 9 No. 75-269 - A By-law to adopt a redevelopment plan for the Woodbine Redevelopment Area. No. No. 75-271 - A By-law to repeal By-law No. paid in advance. NEW BUSINESS NIAGARA STUDY REVIEW COFAMISSION 75-270 - A By-law to provide monies for general purposes. 74-2 which allows interest on taxes Carried UnanimousIV Alderman Puttick reminded Members of Council that the Preliminary deadline for submissions to Mr. W. Archer of the Niagara Study Review Commission is January 15/76. RESIGNATION OF ALDERMAN D. WALLACE Comm. No. 135 - Alderman D.J. Wallace - Alderman Wallace advises in his conmunica- tion that he has been appointed as a Judge of the Provincial Court (Criminal Division) effective January 1, 1976. Under Section 36 of The Municipal Act, a Judge of any Court is prohibited from being a member of a Municipal Council. Alderman Wallace therefore tenders his resignation as an Alderman in the City of Niagara Falls effective the end of December, 1975. Members of Council joined his Worship, Mayor Bukator in thanking Alderman Wallace for his many contributions to the City, and expressed their regret in accepting his resignation. Congratulations and best wishes were extended to Alderman Wallace upon his appointment. Alderman Wallace expressed his appreciation to members of Council and staff for their assistance and co-operation during his term of office. He hoped that future Councils would also include women, industrialists, merchants, trade unionists, engineers and other professions, to reflect a wider community representation. Alderman Wallace expressed his gratitude for the experience and knowledge gained while a member of Council. The City Clerk advised that in order to fill the vacancy created by the resignation of Alderman Wallace, a special meeting must be called to deal .specifically with the appointment. Aldermen Harrigan and Puttick suggested that the matter be dealt with in Committee of the Whole, and the appointment confirmed in open session. The Clerk advised that the Municipal Act did not specify whether the meeting should be held in open session or in Committee, but simply stated that the appointment must be made at a special meeting. ORDERED on the motion of Alderman Smeaton, seconded by Alderman Harrigan, that the resignation of Alderman D. Wallace be accepted with regret. ORDERED on the motion of Alderman Puttick, seconded by Alderman Michael, that a special meeting be held to deal with the appointment to Council of a replace- ment for Alderman D. Wallace, at the earliest opportunity that all members are available. SHIPMENT OF DANGEROUS MATERIALS BY RAIL Alderman Smeaton referred to a reply received from Penn Central in response to an inquiry raised regarding the shipment of dangerous materials by tall through densely populated areas of Niagara Falls. The Alderman was very concerned with the reply, which merely advised that the Penn Central is governed by the rules and regulations' set forth by the Canadian Transport Con=aission, and further that it is assumed that the military authorities are using Penn Central routes for shipment of dangerous materials. Alderman Smeaton suggested that the assistance of the Provincial and Federal Governments be obtained in order to receive more definite information on the type of materials being shipped through the City. 'ORDERED on the motion of Alderman Smeaton, seconded by Alderman Puttick, that copies of the reply fromPenn Central be forwarded to officials of the Provincial and Federal Governments, requesting assistance in obtaining further information on the types of materials being shipped by the Penn Central Transportation Company. His Worship, Mayor Bukato~-~Aai'~a.of Council and staff exchanged compliments of the Christmas Season, and" 'continued success in the New Year. The meeting adJourne~ READ AND ADOPTED, MAYOR