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Minutes1972CamitS Roam Janm,,ry/% 1972, CCiO4ITi~E OF THE Council met in Counttree of the ~ole 7:13 p.m. ~ll ~mhers Of C~tl ~re present v~Ch t~ exception o~ ~lde~n ~ttCk, HS ~o~sh~p ~yor F. J. ~llec presid~ toll~Z coutdere~ton of c~ tom presented, C~ C~t~Cee of the ~ole md3~r~d co the re~hr Co~cil ~eCinZ, R~AD ~ ADOt~ED, January 4o 1972, Council Chambers, Council met at 7:30 p.m. on Tuesday, January 4, 1972, for the purpose of couldsting SanetaX bustnews. His Worship )Jayor P. J. Hitler presided as thaiman. Aldemau Schtmler offered the C~eniua Prayer. All t4embers of Co-miX were present with the exception of Alderran Patrick. Amyri~ oP remus It wam ~RI!I~D on the motion of Alderman Wilson, seconded by Alderman McKinley that the minutes of the special moetin~ held December 28, 1971, be adopted as printedi forthere that the minute of the teenier matinS held December 20,1971, be adopted ms printed with a correction on PeSe 8, Lie 47 to indicated that Aldermen Galloway and ~uttick were contrary to the adoption of Report 79/, raspectin~ By-law He. 71-213 setting out the fringe benefits of Non* Union personnel. .SUARATION O~ SiRS Comm,371 (1971) - IteSioonl Huuicipality of HieSare - Re: Draft Policy for the proposed policy elms re rded to the Begtoo rec~a.endi tt~ Regional atom offer policy have been fonm ; that cents on the separation of se~rs be deferred until such tim no a definite policy 4, established in the ReSion for storm mars and the ReSts mutctlmlity be so advised. ORIISSD on the scion of Aideten ann, seconded by Alderran 11ammon that the report be received and adopted, gem, 609 (1971) o ReSiooul Monieipslity of HisSare - Street MCmo Signing Polioy. ~t~r, t~t Mh/ce aM ~sm rsflsci~ stp~ o describe , ha ad~tmd ~t ~e M all rM~p Mi~iU t~ ~iCt~litY, ~D m t~ mtt~ Of Aideran ~, smoked by Aideran art u topic ha nomi~d aM adored, CmIa~IC~TXO~ !k. I - Chamber of Coemerce - ~e.. Council representation st Chamber Board meetings Requesting the ~s of t~ AIdes appointed to atte~ the ~Chly meetS;. ~D a t~ mCi~ of Aideran ~on, sec~ed by Aideran C~u t~t the c~cmgtm be recetv~ m~ fil~ end the Aidsran ~o t~caced C~Y are to atc~ ke a~ised of ~e mg~ dates, ~C~al 5Dasce~s, p~psr~ by C~ ~erge~Y ~uwes ~ni~cion o~ the 2D ~ c~ ~cion e~ Aideran ~, asco~ed by AIdeS 8chisl6 C~e t c~i~tion be ~ecei~d a~ re~ed to the City ~r for h~ City of Helland - bquestin~ endorselion aM support of a resolution petitioninS the Province of 0utsrio Co ~mend existing legislation to permit C adjustmot of celephon~ ~os$ receipts each year to reflect the currenj he financial position of cele~hou companies. on the motion of Alderran Hunt, seconded by Alderman Hartin cmmamication be received and referred to the city Nanstar for a Act in respect to ?~'~ ~ipa y- · r of snow hi y. to torf.re with the ol ·t on the motLow of Alderran HUnt, seconded by Alderman Somerville she commmicmtion be received mad referred to the City 14mtmSer for a t~cmsmendaCion- Ms. 3 - City Nanstar - Re: A14-29/71 H. ~re Buttden ~d., St.~aut Street. ~ferr~ to C~tlts decision to appr~e lion to ,sic tb deul~ut of f~rplax a~ ea~iq projects; r~m~iQ t~t C~iX, by reseturic, eerti~ ~t t~ applicsCi~ c~fom Co ~ficbl Hee ~uC ~. ~, -- m~ed tad e~ by tM Stmc~ of ~tci~l ~D ~ t~ ~ti~ of Aideran brae, m~ed by Aideran ~rtiu ~Kinlty, SchOlar, I~.~..:Aidermen H~nt, Nann ·ad Wilson. gee beelotion We. i { housing ~roJeec. homedinS the Deparmnt of tlmieipal Afbixm be a~b~ t~t tM C~tl of the City of Hbpra Falls bets ~ficbl ~lau ~ela ~o. 50 to be rarefied to th ~Ur/o ~ici~X ~ ~n th a~roprhte byelaw ~ ~lmod. report ke r~ei~ ~ ad~td, ~. S - Ci~ mM~er - bg britaM ~steads '8~diviJt~, ~ClLni~ C~ prW~i~ of the s~dividerm * ngr~nC with roger to tot pr~e8 a~ the * attempt to sake housing ascmmodat!~u available fo~ lwsr imams troops, Raeemmndim2 thee an ogreeeoc to ·uthorhe a subdivision allrot with araescm~ XItvestlMtl Lid. be mdC~td, tallliD on the mortal .of Aidetan learis, lemondad by Aides Beat thee the report be neaived and adopted. gee ~y-law ~o. 72-1 C~ e t; lottery, hcmmmbdtuS cImt the ampltextton be upprovad, im pttueipla, eel referred to the bpmttmnt ~f JioaMiaX aM Camsfoist ifbits for toMlOtteries, 0W~IaD on the motion of Aldarmm JMnn, .seceded by Aldereel !keg time the tapot~, be ricefred sod adopted, No. 7 - Loteor~ Licensing Officer - Rectumending approval of applications to manage and conduct Raffle Lotteries. IECRED on the motion of Alderman McKinley, seconded by Alderman ~homson theC the report he received and adopted. Me. 8 - CitY Clerk - RecommendinS the granting of municipal lietrices. OItllR~D on the motion of Alderman Mcrtin, seconded by Aideman Schisler that the report be received and adopted end licenoes granted. No. 9 - City MOnster - Racemending the payment o~ Hunicip·l Accounts. 02/IBJD on the motion of Alderman Nann, seconded by Aldemsn Wilson chec the re~ort be received and adapCedo I~ B~Ir~SS BRITISH OLDfPIC MSK~T~LL ~ Alderman Wilson said thet the British Olympic bakeShall Tsam will begin a tour of NotCh America on February 7, 1972. The tmnn is scheduled to appear in seworal cities including the City Of Toronto. Alderman Wilson advismi timt he hem received iufonmtion Chec arreng*M~t8 could be made for the Cm to appear in Niagara Falls and he c~mented on the prsotional value of the stt~gestion. Hayor t4iXlar suggested chat the informlion should be made available Co the Ci.ty Clerk for fenstaling to the RecreaCien Camlesion for their considers- lions CGlegNTS OF ALI~Puv~ BEARS$ Ou behalf of the members of Council, Alderman Beeram expressed ipprecintion co Hie Worship Nayor Hillor for his leadership and guidance during the past year. Alderman Bearas advised thee during 1971 she kept a record of the number of meetings actended and hours spent on City btminesa. Z~e record indicates ~9 regular Council oneClnp - 195 hours; 64 cmsmictee meetings - 173 hro; other activities and attendance at various ~uccCions o ~ hours; a total of ~62 h~dro which, the Alderman said, would probably apply to sIX Council members. She uctimtnd that members of Council ~ore being paid .78¢ per hour. The figures did ncc inolude special cormSteem of the ~hole meetings; phone calls; preparation for Council meetings by studying the ageads beforehand and attendance at such fmlctionc am hearings and inspection coors. CGie~BTS OF HIS WORSHIP ltYOR MILLER In 8 prepared report, ~ayor t4iller outlined the significant accanplish- merits of CounCil OurinS 19~1 qnd indicated the challenges to be faced in the Neu Year, He noted that the present City Council has witnessed many significant Changes in the structure of looal Boyelement and muSested thee 1972 would be · year of change and challenge. Nayor Hillmr expressed uptinism thec any uncmpXatmd projects w~uXd be aucaess~aXly completed, such as the construction of a new library; construction of mdditiomaX 6eared-to-incemm mud senior titSeen hanging traits; presentation era new comprehensive zoning by-law; estabXigbsmnt of Regional hXice Force headquarters ~ construction of · trunk atom mewsmain on NaLeod Road fro2 Dorchester co the ii.g.X~.C.Csnsl and the development of a greater da~ee of liaison with RaSionsl, Provincial end Federal levels of germsmut. Hayor t4iXX~r expressed hie respect end appreciation to retiring City !llM2er, Nr, A. C. HitSSins nod Hrs, Hugging. CoonsiXes most important decision during 1972, Nayor t4iller said, was the decision to ecpge ~fr, S, R. Price as the new City HataBet. Nis Worship solicited for Nr. Price the support and encouragement of mIX members of Council. The now City HansSet, he amid, will submit recmmendatiou aired mc improving the mfficianey mad effectiveness of the entire municipal operation and the City ~ill bonefi~ ffem his extensive eapsrie~o. Nayor tlill.'*-r thanked the staff of the Niagara Fells Evening Review for ptiaelu2 m connisa mad inf~mtive regime of Council activities mad teemended them for ·ontinuin~ to stimulate areatar pubXic intermit in public m~mirao RESOLUTIOt~ lie. I - BL~!gS - 14~TIN -BESOLVED that the Council of the City o~ N~gara Palls ncni'fiu t~ the appltutim oea. ~ore lullden Rd., ~.~. ~t ~3, Z e~ mt s~e o~ St.Paul 8ttNt, con~om to 0~f~tal Pla· ~n~nt ~. 28, ea ~n~d s~ oppr~ed by t~ ~n~t~ o~ ~ntc~al Affairs; A~ the SHI o~ t · Co~att~ be ~zeto df~d. ~ ~ - A Dy-la~ to authoriRa a subdivision agreeant Nlth Branscabs Investments l,f~iCed. (ReriCaga Rc~esteads) GabBED on the motice of Alders· Z4cainlaY. seconded by Alders~u Fartin that AldenuRn Hunt be Bra·ted the privilege of tntreducial the ByelaY and the By-la~ be given the first reading. Carried Unanimously GagtROD on the ration of Alderman Runt, seconded by Alders· Mann that Rule 36(2) of the Stsndin~ Rules of Council ba temporarily suspended and the By-law be ~lven the second reading. Carried Unanimously Taird Bead,hi - Alderman Wilson and Alderman Nsnn. Carrind Unanimously A By-lay to authorize the execution of · grant of Easement to The Cam Company. (Rillside Place) CaDSBED on the motion of Alderman Beerag, seconded by Aiderims Somerville that Alderman Hunt be Branted the privilege of introducing the By-law and the Byolas~ be given the first reading. Carried Unanimously aBED on the motion of Aldenan Hunt, seconded by Alderman Cheeseart that Rule 36(2) of the Standing Rules of Council be leapsraritY suspended and the By-law be given the second reading. Carried Unanimously third had,aS - Alderman Wilson and Alderman Runt, Carried Unanimously ~ - A By-law to appoint Stanley R. Price City NanaBet, GaDBRED on the motion of Aldenan Themace, secnadad by Alderman gchimler that Aldenan Seervilla be granted the privilege of intrnduciua the By-law and the By-law be given the first reading. Carrind Unanimously CeJEu~D ce the motion of Aideman Somerville, seconded by Alderman Martin thee lute 36(2) of the 8tandine Rules of Council be temPorarilY snapended and the By-law be given the setmad reading. Carrind Usanine·slY 2bird Rending - Aidam Wilson and Aldenran Mann. Carried Unanimously ~ - A By-law to provide ~o~iea fo~ general putpeel. 0R~BED on the motion of Aide·an Bearas, seconded by Alderran Mann that Aideman Hunt be granted the privihSe of imtroduetq' the By-law and the By*law be given the fixst reading. Carried Unanimously 2RGaBED on the motion of &Ida·m· Bunt, seeended by Aidamen MoXimlay that auto 36(2) of the Standing lutes of camell be temporarily ousre~ed ~d the Byelaw ha given the second to·dinS, ~rrlad gMul~aousty By-law No. 72-4 (Co·t'd) ~ird Reading - Alderman Bears· and AldermanSchisler. Carried Unanimously GalaRED on the motion of Alderman Mann, seconded by Alderman Runt Chat the mating adjourn to Cassettes of the ~hole. READ AND ADOFlED, ~lerk Council l4eeting, Jenunry4, 1972% Council met in Committee of the Rhole following the regular meeting held January 4, 1972. All Members of Counail were present with the exception of Aid·nan ~uttick, Alderman Cheesmn presided as Chairman. Following consideration of the items presented it was fillED on the motion of Mayor lliller, seconded by AldermaN sun that the CcmnitCee of the Rhole arise and not report. Mayor COUHCIL tZETXHC Council Chambers, Jannary 4, 1972. Council reconvened in open seasice following the Cassettes of the ~hole moltinS held Jnnonry 4, 1972. All Mashers of Council were present with the exceptinn of Aldermmn Puttick. His Worship Bayor )filler presided as Chairmn. The umtin8 adjourned on the motinn of Alderman Wilson, seconded by Alderman gmervilla, Nsyor lea Council C~_e~ers, Jsnua~ 10, 1972. Council met at 7:30 p.m, on l~onday, January 10, 1972, for the purpose of considering Beasts1 business, His Worship Hayor F. J. l~iller presided AS Ctmirmsn. Alderman Chessran offered the Opening Prayer. All Hembert of Council ~ere present rich the exception of Alde~msn I~ttick. ADOI'rION OF NINU~S GRItBED on the motion of Aidenun Wilson, seconded by Aldermml~onmon that the minutes of the tabular matinS held January 4, 1972, be adopted ·s printed. UNFI~IS~D BUSI!~SS SmY~0BILES Repore 78 (1971) - City 14non or o Re: BoowobBles, Submitting · draft by-law reapeating moteriled suo~ ve~icles; sugBeeCin$ if CounciI is not in agreement with certain provisions, they be deleted before the draft by-law is submitted to the local Bummobile ~smoeimtlon. ., Report lO - City HaneZer - Re: PrOposed By-lee respecting Hatericed Snow Vehicles. CommentinS on the pr~visions contained in the draft by-law; the ccmnentm of the Steering CanlaCes on Snowmobiling end the comaeats of edsintetr·tive staff, lade report contains the following re~mndatione: ~ection: - (The prohibition of samehobBle operation on municipal highways) It is recou'nended that the prohibition of entwinebile operation on municipal hiSlays, except for crossing, rain as provided in the draft by-law, Section 3 -(Use of lend identified as John Alien l~lrk and Baden-Po~ell Park.) The report racousnends that an exception be made to the section prohibiting snoumobil4_~.n on municipal hiShen, to permit certain un(m.nroved highways to be needs %~he section of- roods to be used ~o~ld be clearly desiSne~ed in a schedule to the by-lay ~hich could be-ap~_~ded from time to time to delete or odd additional areas, . Section 4 - (T_m.nosition of a carfew on the operation of shaMhobBles) It is ~cd that the 10:00 p.m. P~r-~-v be extended to lI:00 p.m, The report includes the following additional raceemendations: That an additional Sootion be added to the by-lea to permit the operation of sno~mobileo on · mulei~aZ roadway (a) When the need for the use of such metericed snow vehicles thereon is created. by en rotSaucy; Co) When such motoriced snow vehicle .is beluS driven in · parade or wontest held with the approval of Council; (c) When suoh motorlEad sues vehicles is actually enSaSed in works undertaken by or on behalf of the Corporation. GROgRED on the motion of Alderran Hartin, seconded by Alderman Harm that F,F. TeStmeyer be Branted pansiesion to address Council, 14r. TaBtmeyer, Chairman of the SteerinS C-~m(ttee on $no~uebiling, said · that the proposal su!Maitted by the eno~mobllera uas prepared in conjunction with the Recreation CosnielSen on behalf of an esttmsted 1~00 licensed owner;operators of enos yahisles, )Jr. TeStayet said that ha appreciated the euceetn of the municipality to enact raaulations which my prevent needless loss of life or intuIT and he balieyed the Assoolation*s proposal thorouShly coveted the safety ~eetore el veil as the reasonable righal of exouuobilers end uon, sno~mobilera. Mr,Teimyer spoke about the policy of the Niagara perks CoBmission which .pemitted the operation of snow vehicles on hrk lends, 80 submitted a statement frm btes _sulqlanco Service vhioh 4_ndicated only one incident involvin8 · 'euoQmtobilc du~ln~ 1970 and 19~1, It is the intent of the snoqenobilert to partioll~te in ~ivie service uctivity such oo the recent oaten8 provided for the .Bellhaven ohitdreu by the 8no-!)riftert Club. In oonclusinn, )it. ~aStmyer suSSested that the enoumobileraePropns·l be eeocted as · provieloool by-lay :f~r a trial period of-~ am par. If it is thou foereally detemi~ed that snow yahisle e~orators have failed to souduct timeelves in · safe and saue saner, the by-law could tbjn be amended in whatever. mr is denrod meaAseLy. When ached to colseat on the report submitted by the City betmeyer indicated that ha ~. 'usa prepared of euthorised to speak for the ~AoooOintion ea ~he~otteats of'the report we not haovn previous to the metiq, b ~resed his parsseal diooi~olutuea~ reSetdin8 the sueS·melon that bliss be hauned from publie hitIres, ~htu travellie8 to and frm rears·lionel .ate and an$aaetsd that enduesbiB·re ~ould not deliberately Its about their .daetiultion, Mrs .TeStmeyBr said that the tambore of the Steerin8 Caw·tame ,eill, be eeeeeee dieappointed about the reconnendetion that a ourfew be imposed. He pointed out that '~ onerousbales were releSeted to remote'areas where there veals be very fe~ residences. He indicated that the ll**00 oeclock would be unacceptable to eocemobi-lare, , · ONWarD on the m~tiou of Alderman Them~on, seconded by Alderman Cheeseart that the report of the City Neeget be received end copies made evaliable to the members of the Steerln; Cosmittee on Sne~mobillng for study; further, that the Ce~mlttee be asked to submit their c~r~ents ·t the next regular meeting of Council at uhich time the propose. d by-law respectin~ motoraxed sno~ vehicles will again be considered. Report 335 (1971) - City Solicitor - Re: Cennst Holdlap Ltd. - genius By-law Amendment No. 70-211 and Amendment No. 44 to the Official Plan. Advising that in vie~ of the appeal made by Cansdie to the Court of Appeal, the Municipal Board dues not wish to proceed with the hearing of applications for approval of the Canhal proposal unless the Court of Appeal indicates chat the Bosrd may proceed. Report 11 - City Solicitor - Submitting a letter free the Secretary o~ the Ontario 14unitape1 Board advising of a further hearing of · motion for directions in connection with the Boning by-Is~ amendment and .Official Plea smearneat for the Cannel proposal; requesting the direction o~ Council. OR~RED on the motion of Alderman Galloway, seconded by Alderash Hartin that the report be received and the City Solicitor be instructed to .be present at the hearing on January 14,1972 to support Canuai*e request thee the Municipal Board proceed vith the hearing of the Citywe application for the approval of the Cannel proposal. The motion Carried with Alderman Chessman voting contrary a~d ell others in favour. """ KINGSrO~ I~SOLUTION - PARKII~ OF VEHICr~S Cceu. 5 - City of Kingston - A resolution requesting an seeaSsent to the Highway Traffic Act in respect co municipal by-laws prohibiting or re~uletin~ parking or standinK on hi~ys h such a m~er ea to interfere wi~h t~ cl~rin5 of ou~, Repor~ 12 - City ~uCer - b: City o~ Kingston ~solution *~arki~ of Vehicles". ~SuS~sti~ ChaC municipaliCies C~t ~ss a by-law conceding sn~ r~al my pass an additi~l by-ls~ settinS up ~r8e~y s~ r~ees ~der t~ exbei~ leSblati~ vhich v~ld ell~ a Samtel pr~ision for ~e r~val of sn~ dor~ C~ early aorni~ and ~oul~ also all~ ~raency pr~isio~ effec~ at o2~r e~s alo~ ~r8ency fences; suS~sei~ ~bc~2 provision o~ t~ HiS~ay ~af~ic sit~elou ~hich m~C ar~e; receding C~t the resolution he no~ e~orsed. ~D on the motion of Alde~u ~un. seco~ed by Alde~n Rune t~t ~e report be recet~d a~ ndopt~ aM t~ resoluti~ as presented by t~ City of Kitten be received and filed, ~e ~t~n Carried Math Alden ..~lXeay voti~ ceattm~ a~ all others ~ hvo~, C01~UNIC&TI~S N0. 6 - Ukraluinu lade endear De teamiCros - Req~stiq t~t Jsn~ry 22,1972. be praised as "~:a~nisn hy'~a~ the ~rainhu flag be fl~n~ ac City e~c bit; re~selq c~ presence of H~ W~ship the ~y~ m~ers of Co~il at t~ fbS uU~g eer~les em~i~ me 10z00 O~D on t~ m~i~ of Aideran ~on, sotsMad by Aideran ~rCin t~t the centurion be rnceivod and t~ Dreobelou apprmd ~ eecerds~e vith eatsbiased policy; ~ther. t~t as m~ ~ers of C~Mil ns po.tbh ·trend t~ flaS*ratei~ earthy, b ~tiou ~rried with Aideran Wilson voeiq tran ~ 811 eels in fiv~r, leo. 7 - Niagara t~onorail Ltd. - Xndieatins thst petesnout. finsatins will be cooeluded to complete the. installation of *the menurail* system.from Clifton Rill eo Ikriuae Tar by the .smumr of 1972. Reply. ins to *queStions by Alderran lh0mon. the, Ciry, Solicitor advised that · building pemit had besu issued ·e the tim the Private Bill was passed and sl~ the tJm me ese~stou had beeu 8ranted. It will non be ueoessory for at~pra Wasreal to apply for a uw penal. Mr. Yams also pointed out that the Costany had agreed to o~epleta ipaullatiee of the moorail systm from queen 8truer to Chippaws within thirty-six mouthe; Chi period osptzes in Msy. 1973. b abe uot·d that the roleSran refers ooly to · meetion of the nonureil betaash Clifton llill end Ibriraae Tower. ORI!I~D on the motion of Alderman Hunt, seconded by Aldermsn Somerville that the c~nunieaciou be received and filed. The motion Carrie_...~dwith Alderman Thouson voting contrary sad all others in fsvour. No. 8 - Association of Municipalities of Ontario - Submitting a schedule of fees end the fee account for the City; referring to the 1972 Conference in Ottawa, June lg to 21st and requesting that resolutions be forwarded before April 30,1972. ORIIRED on the motion of Aldermau~cKinley, seconded by AldermanHattan theC the ensmunicetiou be received, payment o~ the 1972 membership fee approved and the City Clark be instructed to submit resolutions for consideration at the 1972 CeaSerents. REPORTS No. 13 - Ctt~i~loneuS~ ' Re: Dreft Plan of Subdivision, R.Beckett, Lot 21, Con. 111 (Tep.of y. Advising theC the subject land is located st the south- west intersection of Sodcm Road and Lyons Creek Road; the subdivision will con- cain five lots for t~o-family dwellings, five lots for single family purposes end a .60 acre block for commercial purposes; rectumending preliminary approval of the plan subject to seven conditions enumerated in the report. The Planning Administrator replied to questions by Alderman Hunt and Alderman Haou and advised that the comnercial block will be restricted to nsighbourhond commercial and the required road widening on Sodom Road is 10 feet. GRDOKD on the motion of Alder0mn Wilson, seconded by Alderman Galloway that the report be received and adopted. No. 14 - City Manager - ~e: Limitetions Placed on Taxation of Bell Telephone Gross Receipts, Referring to the request of the HisSarm South Board of Bducatiou thst Council approve · resolution in respect to the taxation of telephone canpanics; presenting information regarding the existinS situation in the City of Niagara Falls; advising that fullerinS determination of the 1971 mill rates and their application against the total 8ross receipts of the Bell Telephone Co. the resulting tax levy should have been ~38),238.10. Because of the limitation imposed by $ec. 11(5) of the Assessment Act, the tax revenue was limited to $169,332.75 or $210,905.35 lees then the amotmt which would have been levied had the 5~ limitation had been imposed; teesunending the passing o~ a resolution requesting the Provincial Governmat to take immediate steps to correct defects iu existing legislation as it pertains to the assessment o~ gross receipts of telephone companies; sugBestins further that the City HanSget be authorized to meet with Provincial authorities to discuss the possible reimbursement of the tax write-off incurred in 1971 by the City and the Niagara South Board of education. ORESRED on the motion of Aldermu .Wilson, seconded by Aldermsn Thmson that the report be received and adopted. See Resolution 14o. 2 so,iS - Cit~ mca~er - Re: Grade Crossings of City Roadways with Railway Lines, Referring to the request o~ the RisSar· South Fet~ Scfey Council that additional grade crossing protection be provided at the crossing of Herris Road end the Penn Central Railway Line and the suggestion of Aldetmsn Schlsler thee all level oressings in the former Township of Cro~lend be inspmcted; advising thnC round railmay sdvsnce ~mrnins situs have been erected on sll spprouchee to all level erosslap within the Cit~ in accordance with the Provincial Signing Henusl; advising further that trsffio couuts have been taken on representsrive crossings in the rural areas to datemine if traffic sad trsin vol~ses warrant the lnsCellstion of bells sad flashers or other protection; advising that further protection is not warranted st this time. ORBCRKD on the motion of Aldennsn Harm, seconded by Aidenan Schislcr that the advisory report be received sad filed and · copy sent to the Niagara South Fsrm 8sfety Council. He. 16 - City 14snsier - Re: Stop Situs. Reccmaendins that stop signs be areclod on both the eastbound and wastbound appreaehes of Leasing Street sad Cook Street at their intersections with Glenholm Avenue, Byns Avenue and Prince Edward Avenue. Tbs Traffic Basincur agreed with Aldermsn Chessman that traffic north- bound on Byu2 Ave. should be halted st the intersection of Byu8 Ave. end Cook Street sad priority Siren to the Couk Street irafile. The report was amended to inslads the erection of s stop sign om B~u8 Ave. eC its intersecttom with Cml 6RICRED on the motion of Alderssn Wilson, seconded by Aideman Hunt that the Eopo~t be received aud adopted. He. 17 - City man r - Re: west City Rall Parking Lot, Rece~uendin~ the neceass~ by-i~s E~ p~epared a~ park~n~ ~ecers be ~utalled on the westerly portion o~ C~ parking lot ~i~h ~he ho~s o~ operation be~ ~r~ 8:00 a.m. to 6~00 p.m. daily ~cept S~aya and holidays; r~nd~g ~c~r~t~ t~ rates be five cents ~or o~-~lf hour a~ sen cents for ~e hour and ~enEy-five cents ~or three hours; recm~i~ f~ther ~n any net revenue derived ~rm [he ~era~lon of Ehe lot be credited ~o e~ ~4n~ section o~ the parki~ ~nd. ~yor ~ller sureseed she repor~ sh~ld be re~erred back to the Parki~ C~ee f~ ~r~r co~idera~ion in vie~ of the races c~rged a~ she parking lot on ~he noreh-~es~ eormr o~ ~ario Ave. a~ Huron Se. ,hich perils 36 mino~parki~ ~or ~bree cents. ~y~ ~ller e~ressed the ~inion ~ d~ to the pr~y o~ the ~o ~rkinS lo~s, ~he ~er rst~ should be ~i~om. Alde~n ~aras, a ~er o~ ~ho Park~g C~i~tee, said the emittee ~ld l~ ~o ~e the 1~ ~ ~ ~er~t a~ ~o gee p~lic r~ction to ~ 1o~ Ce~ ~rk~g ~ich would he e~entent for residents goi~ Zo the City ~11 or ~he Cour~ H~se for an ~e~ed ~ri~ o~ C~. fl~D on the motion of Alde~n Chessran, seceded by Alde~n H~ ~ e~ repor~ be received and referred back el ~ ~nieipal Parki~ C~ieEee for ~r~her eo~ideraZion. ~e mo[i~ Carted ~ieh t~ ~oll~g vo~e: ~: Alde~n S~ille, Hun~, ~nley, Schisler,~eeamn, ~on. ~:Alde~n ~earss, Gall~ay, ~r~ ~ ~ilson. No. 18 - City 14s r-~.xplaininS why it is necessary to pass three.by-laws; (a) to authorize~; bottling of $4,000.000.00; (b) to allo~ interest on taxes paid in advance and (c) to provide for interest on tax arrears; recouuendiu~ ORBSRED on the motion of Alderman Schiller, seconded y report be received and referred to the By-laws, See By-law Hos.72-6,72-7.72-8 No. 19 - Lottery Liceustna Officer - Advising that the Tamship of 14epean, Mar 0teawee has requested permission to sell tickets in the City for · proposed raffle lottery;' advising that the aecresttm Commission is not in favour of the application; ~recommendiu8 that the application be denied. Alderman Thereon referred to a sueSesSion by Hr. Leo BurSar that Council 'consider the possibility of sponsorinS a lottery, proceeds for which could be caed for the devsloimnt of recreation centtee. The Aidemen questioned why it wee possible for the Tomuhip of Napsan to conduct a lottery when au earlier report to Council irafleeced that local municipalities could not leaally undertake such fund-raisin8 schemes. ~he City Solicitor said although the camucicntion received vas on Township of Napeart letterhead, the group adminietrttin~ the lottery is the Recreation Fund-RaisinS CamiSles. He oneSeaSed the Committee was formed by the Hellan municipality solely for the purposes of the lottery. . OelIB~D on the motion of Aideman Hertin, seconded by Alderman 14cKlnley that the report be received andsdeptsdand the application be denied. Zhe .motion Carried with Aldemsu Gallms·y votiu~ contrary ·nd all others in ~avouc. Bothwell, Outerie, to sell lottery tickets within the City of Niapta rails; edvisinB that au official of the lo~al Rotary Club has indicated tket tim !totsty Club bee not been approached by the applicants and ere not tat&rested in partssip·tinS; reecemndiuS that the application be denied. 0eJalSD on the motion of Aldersen Wilson, seconded by Alderran HcKiulay thet the report be received and adopted. ' The motion Carried with Aidemen Galloway vetinS contrary and ell others in f·vour. !~. 21 - LotterY Lionnsins Officer - let Application of Chippays Kinsmen Club to muse end cosduct 'a Lottery Trpe gchem. The purpose of the epplieation is to sever the aame of thence at tke mmmn t4ont& brlo uiSht; rec;mmendinS · pprovel of tha applteation. (mUSeD ms the motion of~aldemsu b~e, seconded by Aldersen Smerville~'ehet its report bs tee·ivld end edited. i - SoildieS permits issued for the month of December 1971. of Aid.re...--,..econdvd ,., Ald..,on ..t.n that the report be received ·nd filed. leo. 24 - City t4ansSer - ReeomsendinS payment of Ktmieipal Accounts. GeJBBRD on the motion of Aldsrsmn Wilson, seemdad by Aideman Hunt that the report be received and ·d~pted. RESOLUTIOU ~o. 2 - ONEESttll - WILSON - BaS0LV~D that WHEREAS existinS legislation ns prwidtd iu Stati~ 8 (l) of b bsesl~nt Act, l.S.O. 1970, re~tzea eve~ teleph~ c~ny ca~tni ~ b~iMss in s city, tM, viiisee or police viiisaw, s~ll be slimmed f~ I~X of C~ ~Mm receipts; i~ 8~, Secti~ 11 of b Assessment Act places s l~itstion on ~ ~t of tu re~nue Cht can be derived frm the o~ut of ass,smut sh~ ~ t~ tu roll; A~ ~, sch~l bards ere requir~ to ~e t~ easesmac ms deterred ~der 8ecti~ 8 (1) of ~e ,seamac Act in deCe~niq sch~l rs~biti~ to parEicipsti~ muicipslitbs ~. ~ ~, t~ dollar ~l~e of t~ Csx l~itszion endraCed sb~s b uoc ~m ~til s~h tm as the ~11 rates are c~iled, sad therefore d~s a~ becm available to seh~l bmrds ~ surfScionS t~ to llmi~ so itm,co be i~luded iu chair current budSets to ~e~tte for say C~ ~iCe-off which ~ill ~c~ bect~s of t~ l~i~tioM in Sectira mmr ~ ~ich Co detemia U~Ci~, in t~t it perlts t~ adJusmnC of assesmat after t~ salessmut ~m, in fact, b~n ~sd in e~ilin8 ~11 rites; ff ~ BE ff ~80L~D the t~ City of His.re ~sXXs hereby re.sis H~omblm biton bias, MinDtar of ~ni~i~l Affm~s, co ~ke mdhcs steps to c~nct de~ects In ~istiq ls8~lstim as it per~i~ to the assessmat of Br~s receipts of teleph~ c~nies s~, ~t~r, t~t C~ l~ml bars of hrl~nt, Jo~ CXmnt, M.L.A., be requested to assist t~ City in this A~ B IT ~ HSOL~D the c~bs of th~ resoluti~ be sent to the Ass~ti~ of ~tsrio ~ic~litt~, sIX Cities end 8ch~l Bards in ~csrio, for sWpfft J ~ t~ 8sat of t~ C~rati~ be ~rsto sifted. ~D ~ t~ ~ion of Aideran than. sec~ed by At~emn WilaM the the ~ssolution be sppr~ed'. ~ffied Usably It~ BUSX!elSS 14&IL ~LXVEBY SERVICE Aldermen mnn caked thet· beret be forwarded to federal goverment officials in respect to the may caphints about moil delivery service in the fenmr Viilass of Chippaws. l~m Christuse cards moiisd in the City on D~esmber l&th and addressed to Aldersen Maon in Chippam, mrs not delivered until 27 days later. b Aidenan suSaaeted thet the Severssent sboQld be notified that the City is not satisfied with the moil delivery service. Mayor H~ller ensgeetnd the local post&ester should be contacted and asked for an explaution shout the dais. in mix delivery. Aldersea Hunt stated that he had learned representatives of the city of Mallmad had ·ppronohed ptovis~isl authorities ·nd obtlioud confirmation that they ~o~ld, in fect, receive · subsidy for public twansportation p~rposee. &Idaran Ctntmel unwed thee the bl/oul t4~ieipslity is nov con- midetiq permanent hedeusrte~s am askrod ~tat tapresent&tim and reoemeenda- tiff bsu been a~nsidered ky the City to have Hispea falls namd ms the sits of ,st RaSi~msl budquarters. Mayor Miller said · special HaSSemi · elmiSleS is investtearful verimm l~attous, inoludimS tw ·its in Winners settees 6e Falls. He assured the Alderman the Cttyss representatives on the Regional Council have made repressnations on behalf of the City. CRILDREN CLIN3IN6-~O CA~ IMPERa Alderman Hartin spoke about eke possibility of tragic accidents'as a result of children clinging to the rear bumpers of ears and buses on sno~ and ice covered roads. Be expressed the wish that parents would warn their children about this dangerous practice, ~ STUDDED TIRES Is requested by representatives of the touris~ industry, His Worship Nayor Miller asked ifCOuncilwould be prepared to pass a resolution requesting the Nanaster of Transpere to lift the ban on studded tires, SHyOr t4iller bad been advised that many United States visitors had cancelled their plans because they could not travel in Ontario with anConobiles equipped with studded tires, Alderman Thomson reported that at a recent meeting of the Niagara Resorts and Tourist Association, several tourist operators and motel owners had expressed concern about the loss of winter business due to the ban, The H,R,T.A, and the local Member of Parliament have suBRested n resolution oi Cmmcil would be of assistance when they discuss the miter with the HiuisCer of Transport, Alderman callo~ay suggested the Severnmeet should eke a compromise whereby United States visitors could travel in Ontario with studded cares if they could satisfy 8 48 hour requiremen~ or other specified periods of time, Several members of Council were opposed to the suggestion pointing out (a) that Council had previously endorsed n resolution to ban studded tires; (b) the lifting of the ban for the convenience of U.So visitors would be discriminatory inasmuch as 0staffs residents are not allo~ed to use studded tires and (c) the governmet wee n0~ considering the benefits of recently developed plastic chains which my solve the problem. It was moved on the motion of Alderman Galloway. seconded by Alderman Thomson that Council approve a resolution requesting provincial authorities to establish standards whereby United States visitors may visit the lzrovince of Ontario for recreation purpuses for specified periods of time. The motion was DefeRred with the following vote: ~ermeu Galloway and Thomson. ~'YE:Aldermen Bearas, -qmuerville, Bunt, Mann, Martin, McKinley, Schisler,Chaesman, BY- IAWS He. ?2- S - A By-law to provide for appoiennents to certain Boards, C~nissions and Cameagnes. ORES~D on the motion of Alderman McKinley, seconded by Alderman gchieler that Aldensan Thereon be granted the privilege of intrndncing the By-law and the By-law be given the first readinS. Carried Unanimously (RI)~RED on the maCion of Alderran Thomson, seconded by Alderman that Rela 36(2) of the Standing bles of Council be te~porsrily suspended the ~-law be Seven the seco~ nadir. · .-- " ~rr~d UMn~utly Third Readiu~ - Alderman Wilson aud Aldenmu Cheesmmo Carried Unanimously 72-6 - To authorize the borrowing of $4,000,000.00, Report He. le ~ City SHun er - Re** By-le~s He. 72'6, 72-7, 72-8. Recs~endiuS Co~ncil*s ad~tl~ of ~-ls~ for the p~p~ss ~Clieud ~ ~e ~eporg. ~D ~ t~ ~tton of Atde~ 8eh~ler, usc~ed by Aideran Hunt ~st t~ repel be ~tiv~ m~ adWtod, OBJ~IRED on the motion of Alderman Bastes, seconded by Alderman Wilson that Alderman but ha fiNnted .the privilege of introducing By-law 72-6 and the By-law be given the first ramlieS. ( Carried UncuimO~sly ! By-law 72-6 (Cent'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman SHnn seconded by AldermnSHnnthat Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be 8ivan the second readir~. Carried Unanimously Third Reading - Alderman Wilson and Alderman Hunt. Carried Unanimously He. 72-7 - A By-law to provide ~or interest on tax arrears. CIDERliD on the motion of Alderman SHrCin, seconded by AldernmnHcKinley that Alderman Benrss be Rranted the privilege of intrnducinS the By-law and the By-law be given she first reading. Carried Unanimously ORDERED on the motion of Alderman Bearas, seconded by Alderman Hunt that Rule 36(2) o£ the Standing Rules of Council be temporarily suspended and the By-law be given the second readins, Carried Unanimously Third Reading - Aldennan WilsOn and Alderman tluut. Carried Unanimously We, 72-6 - A Dy-law co allow interest on cares paid in advance. ORIIRED on the motion o~ Alderman Schisler, seconded by Alderman theeomen thaC Aldermsn SHrtin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously 0RDBP~D on the motion of Alderman SHrtie, seconded by Alderman SHnn that Rule 36(2) of the gtandJ~ Rules of Council be temporarily suspended and the Byelaw be ~lven the second rendin~.. Carried Unanimously Third Reading - Alderman McKinley, and Alderman Bunt. Carried Unanimously ~- A By-lm~ to authorize the execution of a pipe crossing agreement with Caundien lktionclReilwayComPanY. GaDBRED on the motion of Alderman Benram, seconded by Aldezman l4cKinley that Alderman Somerville be granted the privilege of ietrnducing the By-law and 'the By-law be given the first reading, Carried Unanimously ORI~RSD on the melon of Aldennan Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the Byelaw be given the second reading, Carried Unsni measly Third Reading - Aldemn Wilson and Alderman CheeRmane Carried Unanimously He. 72-10 - A By-law to provide monies for Senttel purposes, (illRED on the motion of Alderman McKinley, senended by Aideman Som~rvlllm that Aldeman Unnt be Branted the preylimBs of lntruducin~ the Byelaw and the Byelaw be given the first reading, Carried Unanimously eeleelt 8s By-lau 72-10 (Cone*d) " _~mr~l~D on the motion of Alderman Hunt, seconded by Alderman Wilson that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second readieS. Carried Unanimously Third Reading - Alderman Wilson end Alder~n l~tnn. Carried Uonnimoesl~ ORDERED on the motion of Alderman Ienn, seconded by Alderman l~cKinley that the meetiu5 adjourn to C~lCtee of the ~lhole. AND ADOP~D,. Cormoil Chambers, Jantmry 17,1972, REGULAr, !~BTING CoQncil met at 7:30 p.m. on l4onday, January 17, 1972, for the purpose of consider/aS general business. Hie Worship Nayor F. J. Nillet presided as Chairman. &ll Hembern of Council were present with the exception of Alderm~n $chislero Alderman Thcmon offered the Opening ~rayer. ADOI~ION OF RINUTES ORE21~D on the motion of Alderman Wilson, seconded by Alderman Farm that the minutes of the regular meeting held January 10, 1972, be adopted so printed. tTh'FINZ~HED BUSII(KSS BN0eHOBILB8 Rapore 10 - City t/duster - ~roposed By-law respecting MotOrised 8ho~ Vehicles. Catnentin~ on the provisions contained in the draft by-law; submitting the comenee of the Steering Committee on Sno~mobiling end the rac~v~-~adatione of ' administrative staff. OglERED on the motion of Alderman NaKinley, seconded by Alderman Nartin that 14r~ =. - L TeStmeyer be Sran~ed permission to address Cormell. "'vv .vww'' Nr TeS~-yer Chairman of the Steering C~ittee on Sno~mobiling, noted · January 10,1972, i ortSinally proposed that is (1) That snow vehicles be permitted access to City highways, with tra;l restricted to and from designated recreational ereas; Council met in Connittee of the 14~ole followin5 the reSular meeting (2) that the number of desfeasted ereas'be substantially increased; (3) That there held January ~.O, 1972, Alderman Schisler presided as Chairman. All l~embers of be a coWlees abolition of a curfe~ as proposed in Draft By-law #71, Council ~ere present with the enceptiom of Alderman ~uttick. . Nr.TeS~neyer reiterated' the InSBearish that enmmobllers be given the ,ol,owins cona,~,..tion of the its. pr.~nted. it we. o~RE~ on the! o.ortom, ry..,_~,.r · provieinn. l by-l.w. ,o prove the I~xole arise and not report. ..... * ' '-~ ' NayOr COUNCIL Counc.il Chambers, Junu~ry 10,1972. Cons. 9 - Steerin; C~Zttee on Snoemobiliu2 - gubmitClng cmnents regarding staff recoumeedatious contained in Report No. 10. Section 2 (The prohibition of annemobile operation on ennicipal hiSlweYs). The ~ suggests the vast majority of eno~mobilers area mints,responsible eit,.eus who mould respect vhatGver leg,.intion is enacted 5 cuSSestinS that :~|,,.~.~ .., to ~.t,,ct t,..l on ,,onvll, t.v. lled ,--~...rid pc..,,1, smxismmradius (e.6., 3 miles) that a snow vehicle may travel v,. City hiShut, to and from designated recreation'l areas. Section 3 - (Use of certain City parks) o The Cosmitten suBSeats thee the' leC~s ~ at JohnAllen and Baden-Powell park ere inadequate to accmnodate · :m~mber of eno~mobiters under resister end requests that the number of desiSusted ereas be increased. The brief advises thee the OntarioRydro will not favorably consider use of their lands sad riiht-efoonP wit~.t the aclmowledSed support of !e~!iv~a~e - (laCustrine of a curSes) - 1"be brief suBasses thee a curfe~ would rather than alleviate the noise factor mud regmnende the deletion any ~ori~v fron the previ0iona of the Council reconvemd tu span session foliovine the Camtease of the ~hole~ hold January 10,1972. All Hembert of Council were present with the Uception of Aldermu ~uttiok. His Worship )layer F; J. Hailer presided as Cha~ idditioeal hcmndations l) SnomMbiia equipmou~ to include · 6 fi. aer,.l end ftal or illumination, plus Th...,i,. nd,--ed on tim ,.t,. of .ld... B__.,lla. ,.n.,.d h,I t"',,,,'Tft'.',;'~l',;~°.':;'~;"tj,,":/.;':;d .,..,.,. ,1'" ,,ld..ns,, ,.,ti..-"""- ':1 · ,,...t ..,;,:,iry,,--*J~l.;~,.";~',",~,', ,?t,.,: .,."'.%",;,'.'Z",,:~,'~,' ;~,l,.'nd',"';, d. ,~.,, ,.,o~,,. '* '-"'-,.the, .,.,t,. ,,, .,.,t ,o ,ddit,..1 .,,ntW.t .,,,h ...,.. f--, ,.,,.l, .nd the ~se of safety halureas eheuld be incorporated in tIM l~rovine,.l Snowswhile Act ~ _~_~ · . · utber than a munieipal. by=taw, ' ° ' * * * * * ' * * '~ ~ ' * * * ~yor · It was moved on tim motion of Alderman Wilson, meccadad by &ldermmm .,.. ~ _- .,,%-t.,-~,t,.,%%Z..~,~ hw:?.':,:~ :~ ",:|:.:F::'::i;Vorhe. k~, .l..... ._..1.. ...,. ,.n,, ,--,,, ,,,,--", 'he.'--. "'vvv""'e~'s" ,000,e0, ~e ' ' Zt yes then moved on the sotion of Aidemen Rune, seconded by Aldensan ~uteick the the recosnndaelons of the Steerins C~entttee be approved and tmplemn~cd fur a one year trial period. The sotion was De~eeted with the foilwinS voeez -, AYE: Aldermen Hunt, Puttick and Somerville. ~YE:Aldermen Rearms, Callsway, Haon, Hattie, HaKlnley, theeseen,Thomson, Wilson. Ew.vtl AVE. ~l'~-x~ LOT (CO~T*D) 0RBSmaD on the sotion of Aideman Decree, seconded by Alderman Galloway, that the report be received and adopted. CCJ~4UNIC~TIOt~S It.'~s moved on the motion of Aidemen !bnn, setended by Alderman Thomson thee ' Flaonin~ end Development Conuittee, the 'sotion be amended to provide that onemobiles be allowed to operate on ~ POStleaD on the motion of Alderman Hunt, seconded by Alderman Hann t t t *~icipml streets other then those mutually aereed upon by the administrative comitmication be received and filed. staff and the members of the Steerin8 Cosmictee. 30, 1972. RequestinS permission to use the former Starlira D~ive-In property on FYE:Aldemen Galloway Hattie, HcKlnley Puttick, Cheesonn, Wilson. ~ Sodon Road. " The motion e~ uriBlnally prop~nd by Alderman Furtick and Alderman Hunt Q! CeDEmaD on the motion of Aldermen Harm, seconded by Alderman Hunt that t ,'~ ,~.~i~bnt~Z.f~;~ ~°~ilin.c__,~ic. ion ha re.,vcd end the request .pprovud pr~,d,nS t. "" ' ' ' t~ ~ ' , ~ t h OeD~maD on the motion of Alderman Hattie, seconded by Aldexmn Reeres that the No. 12 - Greenspan and Van hen - Re: t~innara Square Corporation - Application to comments of the SteerinS C~mmittee on Snoumobllin8 referdinS the reecmmendations amend ZooinS By-law and O~ictcl plan to permit construction of a ReSinhal made by the City HansBet in hie report of January 10,1972, be referred back to ~ ShoppinS Centre and related uses st the Q E ~Y. and HaLend Road. ConfirminS ~he administrative staff with instructions thee the cements contained therein be delivery to the PlanninB Administrator o~ ~rawl~es endStaten8 minor alterations considered in conjunction eith the SteerinS Cmmittee end a draft by-law ; to the reinnOeS application. ' eecepCable to both parties be prepared and subSifted to the City Council. The GRD~maD on the motion of Alderman Harm, stranded by Alderman Hunt that t e 'e~'Zl~BZ~'~'~*~%~i-*l:~: che..n ~__on. wil.o.. ",o__.i.tin- he reon.ed end .Ind.' ~.~: Aldermen Somerville, ~lloMay, Hunt, Hann,'Puttick. ' No. 13 - City of Stratford - A resolution requestinS the provincial Coveranent mmciZ et~ested that admlnistretive staff end representatives of the SteerinS operators of sn~.nnobiles to be the holder of a valid driver s licence issued by · , AYB: Aldet~nen RearBe Somerville Galloway Hunt Hann Hartin, 14cKinley, Wilson, truck routes end bikedaye e; to ..: No, l& - City of Stratford - A resolution petitioninS the Provincial Government ,':~l~T~/~".°.'~'~,~:~/.:..na,,ro, or-.. 1..t. ia the fo~r ,*--h~ of'to ..ct le.isletion to prcv,dc thee owert~ .Bee .ld to police officers end (f) that city officials conact representatives of 'Ontario dro!employees fur hours marked while Btvinl evidence in Court be paid by the opt ate after 11 p.m. in the ~utlyinS ereas; · department. (l) termination of a one-year trial period he:September oF October. ' ' · . , : _ . : ' P~pCRTe. ELLEN AVEHUB PARKII~ LOT8 : ' . ' Report 27 - llcnninl ~dminlltretor - Re: A1~6/71 Herdress InvecUmnts Ltd. and Report 725 (1971) - City Hansear - Re: By-law 71-8~ lllen Ave. RerkinS LoCi. · . ' f Nianare Square Corporation, Parts of Twp. Lots 1~8,179, 186 end 187, City incorporated into the by-law which was 8ivan first and second readOnes by t projects on property situated south of HaLted Road on both sides of the Q.H.. Cameel on )lay 25, 1971; outlinenS additional thennee that have been included; bcnonMndlee (a) that a further hearSeS be held by the llaoninS and Development recmmmendinS the O.H.B. be requested to approve the by-lee with such revisions !1 ComaSties f~ weeks hem the date of the matinS held January 12, 1972; uc my be necessary to prorids for the cannel levy under the by-law, boleS ends i (b) that the applicant be requested to provide the onetrial sl outlined in the spouse the assesSor of cemmereial properties in the benefit ere nobme lieseinE Department Report, t~/5/72, at that time; (c) that the applicant assessants may vary fron yeRr to yore ~ indicate et that time lonerel mEresmut to the conditions outlined; (d) t t Report 26 - City Hansear - Re.. Bllen Ave.hrkinS Lots, Advisin8 that the O.H.B. the Cannel Group be requested to supply the inferration as outlined in the has mrsted that further motice Mill have to be SiMon to the are of property 1 ~laoninS Repartmsnt Repurt,VD/S/T2, The rupurt also advises that the Plane to be charcoal with · portion. of the cent of the workJ advioinS further, the O,H,B, and Development Ccemittee will mot with the Cmmai developers, in Cruelties, ~.~'~he,~'~,.*.,,,~ :;.*;'oa,~d"c'reu,.- the'~.nt r..;|,~hein.~..t..d the,*in :.So. ,.~,,' th. d.ve,op. re o, Ga--, had bee...~nd to b ; r~!0 ; rescueodin2 the mint he emde to the ~ updated informteen regardin8 the properties they control; the upd in8 t t thte st~ ' ' ' purr seeSeats thee if Council is in mereeraser with ~ matkstiq study and iufonmtion as to the plan s principal tenant, reemmmndstiee~.tlm revised sebedule of estismtud aherps to pr~rty meets ~ ,,,~,,o, Alderman McKinley enquired if members of Council would be permitted to attend the Planning C~ittee*s meetinS with the Gannsi developers inasmuch as the meeting ~.m Co be held in C~ittee. Mayor Miller indicated that Council members mould have the right to attend the meetin~ if they so wished. Alderman ~homson asked for clarification reStrdin~ the time within ~hich Cannel would have re submit the required inforumtinn. The Planning Administrator stated that the developers of the Cannai shopping place are required to prove their financial ability in t~o weeks. ORD~P~D on the motion of Aldez~mn Chessman, seconded by Alderman Wilson that David Greenspan of the firm of Greenspan and Veu~hen, be granted permission to address Council. Alderman Puttick raised several question in respect to the ~ardress Investments-Niagara Square application and Mr.Groenapan, solicitor for the developers, non~izmed that a market study, information re~ardin~ place sod proof of o~mership and control of land will be available within the four ~aek period specified by the Plannin~ and Development Committee. Hr.Werren Scott agreed with Alderman puttick that there ~as not great deal of discussion re~srding the industrial aspects of the development at the planning committee meeting. He pointed out that the planned 20 acres of iodustrial development will steed approximately 180,000 to 200,000 sq. of building area. The area proposed for industrial developmen~ does not require to be teesned and Alderman Puttick asked why the applicants did not proceed immediately with the industrial proposals leaving the shoppinS centre until a marketinS study is available and all approvals received. Mr. Scott explained that the entire development is a single, cox~lementary, fairly complicaeed proposal which requires a plan of subdivision, roads and a greet deal of money. Bach p~oJect, he said, is complementary to the other. OREEKED on the motion of Alderran Ham, seconded by Alderman Hunt that the report of the Plannin~ Administrator be received and adopted. The motion Garrie...__~d with the following vote: A~: Aldermen Bearss, Somerville, Galloway, Hunt, l~snn, Martin, l~cKinley,Wilson. l~XE:Aldermen l~ttick, Chessmen, No. 28 - Planning Administrator - Re: Official Plsn Amendment No. ~.3. Advising that the purpose of the tNinist~r's Modificati°es e of Amendment No. ~3 are to satisfy the requirements of the Province for a Secondary Plan program; the Realon's desire for eraSing and secondary plan pro~rsms and to overc~ne objections regarding the lack of a staginS program; recommending the Ministarts Modifications to Official Plsn Amendment No. ~3 be endorsed. ~KED on the motion of Alderman Mann, seconded by Alder~mn Hunt that the report be received sad adopted. leo. 29 - City Manager - Rex N.P.H.B. Meadowvale Subdivision T-188~5. AdvisinS A.F.Atherton & Asset. have submitted a sits plan for the property knmm as Block A, Plan 2~5, north of the Cross del Sol development, corner of Meadowvale Drive and Briarmood Ave; advisinS further the project conforms to the zoninS by-law and is acceptable to the Site Plan Technical Committee; recommendinS approval of the site plan for 52 t~vnhousinS unite. OBII~KED on the motion of Alderman Wilson, seconded by Aldamen Thanson that the report be received and adopted. Ms. 30 - City Mannset o Re: Request of Mr. Alex Boikoff for a refuod of monies paid by him for the installation of a aster line on Dorchester Reed; advisinS that, in accordance with Countlies directions on January &, 1971, a provision ~me in~lndad in the subdividetee maremeant for the racover~ of funds as s result of any nonagealone made to the 6 inch matermain installed by Mr, Boikoff'~hieh resulted in the collection of $1,259,2~; ~ecmmndinS the amount of $1,259.2~ be paid to Mr, Boikoff. 0R~BRBD ou the motion of Alderman Milson, roeneeded by Alderman Themson that Mr. Alex Solkerr be granted permission to address Council. Hr. Boikoff referred to a number of commuications received free City Officials and muSSested the tilT, through staff suebert, bad nounIliad tbemalv~ to an mao~nt of $2,920.20. b said all the properties mien8 the wagerline had eeocsee 5e now been sold and asked why the money had not been paid to him. Nr. Boikoff accused the City of deliberately installing s 12" waterline parallel to the 6s~ line he had installed, Nayor Hiller pointed out that in the cmmunicatione referred to by Nr. Boikoff and in the reports submitted to City Council, it was clearly stated the City would "endeavour to collect" and this procedure had been £olloved. The City Engineer explained the only way the City can "endeavour to collects' is through a plan of subdivision or an application for severance through the Comittee of AdJusment. AecordinSly, a provision was included in the subdividefee aSreement covering the Dell Park Subdivision for the recovery of funds for connections rode to the watermain installed by Nr. Boikoff. The City ZnSineer replied in the affirmative when asked by Alderran Chessman if the City had discharSed all obliZatione to )if. ORDERED on the motion of Alderman Hunt, seconded by Alderman Beorss that the report of the City 14antSet be received and adopted and an amount of collected as explained in the report, he paid to 14r. &. Boikoff. No. 31 - City NaneZer - Re: NaLeod Road Storm Sewer Contract - S.S.34-71. ieooanendiu~ acceptance of the unit prices submitted by BandRata and Associates of Toronto. CRIBBED on She motion of Alderman Hunt, seconded by Alderman Somerville that the report ba received and adopted. The motion Carrie_._~d with Alderman ~4tlson voting contrary and all others in favo~r, See Resolution Re. 3. No. 32 - City Nanseer - Re~ 78th Annual Ontario Good Roads Assoc. Convention, of the b Fe fury 21 to 23rd, 1972, Toronto. Recounending that four members EngineerinS Deparment, SoSether with t~o 14embers of Council, be authorized to attend the convention; further reccanendinS rhet any member of Council wishinS to attend the one day Se,~iner on Henday, February 21, 1972, be authorized to do ORIIRED on the motion of Alderman lean, seconded by Alderman Thanson that the report be received and adopted and Alderman Hunt and Alderman Somerville be authorized to attend the Convention as the titTee appointees. The motion Carrind with Alderman Puttick vetinS contrary and all others in fayour. Ms. 33 - Construction Safety Inspector - Re: Construction Safety Annual Report under The Construction Safety Act, 1961-62 and Ontario ReBulatione 260/69. ORdeRED on the motion of Alderman Bearso, seconded by Alderman Nattin that the report be received and filed and the Cooattention Safety Inspector, A.StronSe, be conhanded, leo. 34 - City NanaBet o Re: Policy for ASreements on Cash in Lieu of Providin8 Perkins Spaces. RecommendinS adoption of the submitted policy since the prneeduse to provide cash in lieu of actual parking spaces is both equitable and necessary° Alderman Thomson indicated that he was in fuvour of the proposed policy but suBSeated Council should also have infonmtian in respect to applicatiom that have been before the Comittee of Adjustment and denied. In some lustantes, ha said, there my be extenuating circumstances of which Council is not aw~re and reports should include information reSsrding the decisions of the Cctmittee of Adjustment and the 6bJectious received. The City EnSineor earted with the sqSestiou end indicated the minutes of CamniCest of Adjustant meetings ~ould provide the requested additional information. &ldenmn Puttick referred to the proposal to deposit funds collected in lieu of perkinS spaces in s reserve fund for future expansion of parkinS lots in the affected sues. He suBSsated that quite s sam of roomy would accumulate over · period of years and such funds should not be left unused. He suBSeated the my could be used for such items as the paying off of existinS parking debts, ~DERBD on the motion of Aldersan Bastes, seconded by Aldensan Chessmen that'the report of the City HensSet be received and adopted, He, 35 · City Nanajar - Re** Addition to Hacienda Restaurant, Luedy'o Lane, &dvisinS the applicant is o~e space short of matinS perkinS requirements and is payinS part of the cost of the existinS Luedyes inns perkins lot under an &ran of Heucfit by-law; advisinS further that the oener*s offer to pay the City $500, in lieu of providinS the additional perkinS space required is ~tthin tha tam of established policy; rccomendinS the .necessary .earscant and authorRainS by-he be prepared, leeeeeee Report 35 .(Cent*d) AlderumnThamson said the proposed addition to the Hacienda Restaurant viii extend the building to a point viire it will interfere with the access co the rear property of the adjacent herbar shop. Ha pointed out that the restaurant has 10 parking spaces, 'three of which are used for delivery cars and some spaces ere used by employees. According to the policy now established, the applicant is now able to proceed with construction notwithstanding the denial of the application by the Comacities of Adjustment. The Alderman expressed the opinion chaC mmwhers of Council should be *informed of all the facts including information as to hey the addition viII affect the right-of-way; ho~mny cars can perk at the rear of the building and if the addition will be detr4~utal to the adjacent barber shop. Alderman Oallmmy said Council has no control over private property nor over the decisions of the C~uoittee of Adjustneat. The purpose of the PlamaingAct, he said, is not only to help the City but also to provide to residents, relief from the requirements of any municipal by-law. 0~DER~D on the motion of Alderman K~tin, seconded by Alderman Becrss that the report of the City l~ana~er be received end referred to the CityManager fur further informSion. The motion Carried with Alderman Galloway voting contrary and ell others in fevour, No..36 - Lottery Licenela~ Officer - Reccm~__uding approval of the application of the Chippaws Volunteer Firefighters' Asset. to manage and conduct a series of Bingo lotteries. ~DRBED on the motion of Alderman Mann, seconded by Alderman Somerville that the report be received and adopted. leo. 37 - CUt Clerk - Re: Application of Mr. D. Nichel, Gait, Ontario, for a Photogrnpher~s Licence. Advising that the company's headquarters is in Winnipeg and they have received liceaces from several OnCario monicipalities. 0tDgRED on tiimotinnof AldenMn Wilson, seconded by AldermnTheMon theaNt. Michel be 8mated permission to address Council. Nr. Michel advised that the Secret Portrait Studio has not been refused · liceace in other Ontario munieipalitiee. Ha said the operation wee a caw trouble-free concept of photography described as ~ Studio on Wheels.. Appointments ere made, the mobile studio is driven directly to the home where the customer is able to step into a fully equipped studio. Replying to a number of qtmstions by members of Council, !ft. Michel effered the following additional information: There are 35 employees in the Province of Ontario at this time; there is s service fee of $2.00cherged; the average coot of pictures is $20.00 and local photographers are approached about frenchinns. Mr. Michel esiid Council to approve tii spplieetinn.~ It was moved on the motion of Alderman ~uttick, seconded by Alderman Wilsnn that the report be received and referred to the City Clerk for ~urther information, ThemeSinew as Oneeased with the following motion: · AYe: &ldenmnMaKiuloy, Puttiesman and Wilson. !t~Yg:Aldermeu Beerag, Somerville, Gallmy, !knt, Mann, Martin,. Themson, Aldermu theesan asked for further information in respect to Hr. Niciil's etataut that local photographers are contacted by 'company represents- 'rives, Nr, Michel was granted permission ta re°address Council and advised that tim geetar Portrait Studio is a mmmber of the Professional Photographers of Canah. He said that franchises are available to any profellienal photographer and local phetoaraphers era so advised, Ctg~ZD oa the motion of Aidslash B~t s end d b AI ~A~R; Aldemsn;~uttick end Cbeemn. seeease 7e No. 38 - City Clerk - Raceamending the S~anting of Municipal Licenoes. OlDteED on the motion of Alderman Wilson, seconded by Alderman Bastes that the report be received and adopted and licenoes granted. He. 39 - CUt Manager - Recamending peyment ofM uuicipel Accounts. eRDaRED on t~ motion of Aldermen Mann, seconded by Alderman Thomson that the report be received and adopted. The motion Carried utth the following vote: A~R: Aldermen scares, geeerville, Galloway, Hunt, Mann, Martin, MaKinley,Puttick, Wail:Aldermen Wilson end Ciiesman. RESOLUTIONS He. 3 - HUNT - SOttRVILLE - RESOLVED that the contract for the installation of a storm sewer on 14cLend Road from Dorchester Road to Drtmmmnd Road, be awarded to Handtern and Associates, Toronto, at the unit prices submitted;AND the goal of the Corporatinn be hereto affixed. Carried Unanimously NSW BUSINESS Alderman Mann said he had witnessed an accident in the former Village of Chippews during the recent storm and expressed concern about the icy condie Stow of the streets. ~he Alderman asked if sanding use done during the day or yes it left until a~ter ~ o'clock. The City Engineer replied theE, following a telephone call from Alderman Mann, he had contacted the Streets Superintendent and was assured that all sanding equipment was out and had been out during the day, Although the streets had bean sanded, he said, on such windy days the sand is very often blown to the curb. PUBLIC W0eK~ ENGIt~ER Aldermau Puttick said that if the City is consideratlaS the hiring of s Public Works Engineer, cnnsiderstiou should be given to appointing him so an executive assistant to eli CitY Hen aBet to oversee municipal works. REGIONAL SAIAItlXS Alderman Puttick canted on the Regional budget ~nich includes monies to provide non-union personnel parity with parsons doing similar york in tii various area municipalities. It yes the opinion of the Alderman that evaluations of Jobs should be on the basis of production rather than the position. Aldermn l~ttick was also critical of the Reainn*s stand that they are not able to pay the salary elM r, Mm. Graham, s provinalal Court attendant, ~hilu st tim same time tiire ate indications thee Regional police will receive · oalsry increase° Mayer ~iller pointed out that the Regional budget has not, es ymt, keen approved by the Regional Council, 'NLICZ !!p&lt~wr M~HICL~ Alderman Puttick suggested thee the City Manager could possibly .obtain iaformatiemas to how mn~ police oars mrs oocd for personal use sad purposes, particularly at the detective level. The Alderman caid that it had come to his attention that other police officers resent the way privileged use of police department vehicles is abused, Aldcrmu Wilson canted nn the hUSh rate of unemploymnt in ere ~ieh hs been i~uO~ by resent additial byofb by teal i~tries. b rapsted ~fomti~ ea to t~ CUtyes Winter W~ pr~rm, b City ~M~r advised t~t 32 mu an m Wl~d u~er the ~M~i Winter M~s ~oSrm in s~o~sl$ wi~ the s~t silvered to Ci~, ~plt~ti~ he ban mb to t~ ~i~e for an sddtti~t $W,~ t~ hiriq of ~ mn an. t, ~ice ss~ tht, sit~ it b pMs~le ~tmiu ~ to ~X f~ sWs~i~ s~ mter~l, the CtCy*s sppli~t~u did iMl~e ~ts for thos itm in ffder the so m~ mn as pMsibls hitS, ~ spplicati~ f~ ~ NaB ~t ~l been ads ~er the Alderran Thereon suggested that the Curator and the President of both the Lundyte hate end the Willoughby Historical Societies be ~mumd to the Board of Directors. The Aldenran suBSetted that the 1962 by-lee establishing the Huesum Board should be updated. Alderman thesoma, Council *e appointee to the bern Board advised that the matter is presently under review by the Society and the groups concerned. Information regarding this matter will be forwarded to the City Cleric. fIFE DBIVr~G ~BEK Hie Worship Hayor Miller announced that the City would be presented with a certificate by the lktiooal Safety Council for · successful Safe !~ivins Week in 1971, He fatal accidents had occurred during Safe Driving Week. BY-IAWS ..He. 72-11 - A By-law to amend By-lay We, 7531, being a by-law to provide for the erection of Stop SiSus st Interstations. ORDERED on the motion of Aideman Beerat, seconded by Alderman Mann that Alderman Chessman be granted the privilege of introducing the By-law sad the By-law be'Siven the first rMdin6. Carried Unanimously OR/IRED on the motion of Alderman Chessman, seconded by Aldernmn Hunt that RuIe 36(2) of the Standing Rules of Council be temporarily suspended end the By-law be given the second rending. Carried Unanimously Third Heading - Alderman Wilson and Aideman Hunt. Carried Unanimously He. 72-12 - A By-law to authorize the execution of an eSteemeat with Bandiets & ~s Toronto v-4mtted for the construction of a storm severmain on MeLted Rd. ~ Council Chmnbers, January 2~, 1972, RE(JUI~I~ !~ETIHG Council met at 7:30 p.m. on Monday, JaneturF 24, 1972 fur the pu~Me of cffideri~ SewreX b~s, His ~orship ~yff F. J. altar presided nn C~imn. All ~ers of C~il ware prose, Aideran Miis~ offer~ the ~eniq ~ayer, A~I~ ~ ~ ~D on the ~Cion of Aideran ~on, seceded by Aideran mnn e~C the minces of t~ re~lar meti~ held Jen~ 17, 1972, be adopted as printed. USTZNIS!!D BUSXt!SS RIVER REALTY LTD. - THOROLD STOI~ R(tD & PORTAGE ROAD Report 225 (1971) - Planning Administrator - Re: AN-13/71 River Realty Develop- mat Ltd., PC. Lots 1,2,3,R.P.876, north-x~est corner of Thorold Stone Road end Portage Road. An application to permit the erection of a commercial- residential c~lex, Report 40 - City Clerk - Advising that the byelaw, notice of application and explanatory note ~ere sent to ell property owners within/~00 ft of the subject lend and, am a result of thie procedure, four letters of objection to the proposed raceuRnS have been received; requesting the direction of Council. (W~!RED on the motion of Alderman Thomson, seconded by Alderman Chessran that the report be received and fileland, ootwithatendins the objections received, the City Council reaffirm the earlier approval of the by-law and the objections be forwarded to the Goterie Kunicipal Bard for their consideration. ORDERED on the motion of Alderman Somerville, seconded by Alderman Neon J HACXEHDA RESTAURANT - LUHDY*S that Alderman Hunt be granted the privilege of introducing the By-law and the ~! Report 35 - City manger - Re: Addition to Hacienda Restaurant, Loudyes Lane. By-law beSiven the first reading. .. i Advisin8 the applicant izone space short of meeting parking requirements and is Carried Unsnimonely ! paying part of the come of the existin~ Luud, y*e Lane parking lot under andiAnrea that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the ~ reccumendinS the necessary agreement and anthorizinS by-law be prepared. Byolaw be given the second reading. l~e motion Carried'with AldermanWilson votin~ i! ' Report f~l - City Mane er - Submitting n copy of the decision by the Cornnieces of contrary and all others in ~avour. ""' AdJnsemeot~ minutes st the December 14th moatinS of the Cratetee and a survey plan 4wdtcatini the hods involved' advising that the proposed addition will not Third Reading - Alderman Mann and Alderash Hunt. The motion Carried rich Alder- an~ro~h on the right-of-way end r~commmndins thee the report of the City Mare Set, mn Wilson voting nontrary end ell others in layout. !los 35; be ripproved. Alderman Thomson ~eiteratad his concern that the propneed addition to ~o. 72-13, A By-law to provide monies for SewreX purposes. J the restaurant and the deareased parking area wold adversely affect the riBhe- el-may and the nee of the rear property of the neiShbourins barber shop. The sin concern of the adjacent property-seer, he said, wee chat access to his property miSht he he~pered, ~ m the MCi~ of Aideran bllay, seco~d by Aideran ~nc C~t the rep~ of t~ city ~Mpr he received and t~ Mcesssry seremat m~ auth~ by-h, be pre~rnd, ~e motion Cerri~. with Aideran ~ votiq emtra~ ~ sIX others ~ fav~, OaAWr CW EASE~Wr - COBSU~!RS* GAS By-law 72-2 - A by-law to authorits the eaecntion of i grant of easement to OR~IRED on the motion of Alderran leginlay, seconded by Alderran Stein that Aideran Hunt be granted the privilege of intrndu~ins the By-law a~ ~e By-law be Stun the first r~diq. ~rrbd harshly ~HD on ~ Mti~ of Aldemn Hunt, seceded by Aldemn ~n that Rule 36(2) of t~ Sta~iq Rulee of C~il he C~ffarfiy s~pe~ed and t~ By- law be Start t~ seeo~ raadiq. ~ motion Carried with AIde Wils~ vociq cmtra~.a~ ell others ~ k~r. ~kd bdi~ - Aideran ~ aM Aideran ~rtiu. ~e ~ti~ Ca~i~ ~lch AId. Milson ~tiq c~trm a~ all ot~rs ~ favor. ~ metiq ndJournad ~ t~ motion o: s~ by Ald.~emn. ~ AMD ADG~ZED, aortacruses of the plan of survey prnpared for the Gas aM!may whiah showd the portiere of Billside Race in questira so heine closed; advising that confirms- lion Ms been reserved that the portion of Hillside Plane is not aIMed end it viII therefore nee bn ua~mssnt-/to pro~end by way of grant of meat J reammmndim~ thee By-law 72-2, passed a Jnu,4,1972, be uw repealed, d GILaIIID oa the sagion of Aldermau beeran, se~oeded BY &l again l~omson tMt tim report of the City Solicitor be received and filed, See By-lay m. USE OF POLICE CARS Report 43 - City 14ariaget - Advising that a coenunication was forwarded co Police Chief A.g.Shennan with regard to the possibility that police cars being nae~ for personal use by certain mashers of the police force; submiCtin~ a copy of a reply from Deputy Chief of Police, Donald Harris, ~herein he requests additional information. Alderran Patrick pointed out that his rmurks concerning the use of police vehicles s~ere directed st the Regional Police end not the police force in the City of Niagara Palls. He indicated he yes awaiting Deputy Chief*s mussmr to another question and should the reply be negative, he is prepared to ask the Police Counission to investigate the entire urnSeer. Alderman Patrick said it was his intention to approach the Ce~niesion privately end, should a hearing be necessary, nil information regarding the matter would become public knouledge. ORDERED On the motion of Alderman Patrick, seconded by Alderman Hunt that the report of the City MemBer be received and filed, PCK BOUNTY PROGP. AH Cam. 421 (1971) - Town of Lincoln - AdvieieS that a resolution has been forwarded to the Regional Council requesting the re-establishment of a fox bounty program; requesting the City to for~;ard cents and rec~m.~ndationa to Regional authorities, Report ~ - City Manager - Submittin8 the cam*_nts of the Deputy X~tnister of Lands end Porters; Dro Sturgeon, Director of Niagara Health Unit and the Padstation of Ontario Heturslists; raceamending that the City not endorse the request of the Toys of Lincoln° ORDERED ou the motion of Alderman SchisXer, seconded by Alderman Hunt that the report be received and adopted and the reaolutio~ as prepared by the ~m of Lincoln be not endorsed, TglZPHOt~ GRO~S RECEIPT~ team. 4 - City of Welland - Requesting endorseteen of a resolution petitioninS the Province to m~cd existing leSislation to permit the yearly ndJnatmnt of telephone gross receipts to reflect the current financial position of telephone companies. Report 45 - CityManager - Referring to a question raised as to whether the gross- receipts of telephone campsates ere *frozen* by Bill 127; advising tlmt the Chairman of the Asoesement Review Court has expreeeed;the opinion thee Sill 127 does not, in fact, pertain to the gross receipts of telephone comp·niee end Deparment of l4unicipal Affairs officials have indicated the questinn is a matter of law; suggesting that the City has taken the only logical course in appealin8 the assesmat in order to obtain n ruling of the courts;recommnding that the resolution free the City of~relland be not endorsed pending a decision with respect to the Cityes appeal. 0aEIRED on the motion of Aldermu Yemen, seconded by AldenmnMartin that the report of the City Manager be received end adopted end the resolution es sented by the City of Welland be not endorsed. MC. ~6 - City Solicitor - Re: Bogkerr and WatermainonDorchester Road. Reqnastin8 to be placed on record am refuting the statement in. Mr.aoikoff*e letter of Jnouary 3,1972, that a building permit one not issued because of 8 *~ersoml disegrem~ut' between Mr. Boikoffond the Solicitor; submitting m espy of 8 report to the City Manager dated February 3, 1967, which correctly Reports - Conttd. He. 48 - City Manager - Her Repairs to 1966, 977H Caterpillar Bullclam used in the sanitary lendfill operation; recmmendinS that the necessary repairs be done by trothers Lid, and the funds for the expenditure be provided in the l,, Aon"l/;dF.;' oa u.stio. ", Ald.__n S.r... local tim. Aldemn ~utcick suS~eted t~t rather t~B cootlfiut~g to pay the est~Ced ~10,0~ par ~ear lot repairs, coM ideraCion should be given ~o the purc~se of net equi~nC dabenSured over ~rt~ t~t the report o~ t~ City ~nlSer be recei~d Nsa hfelted v~ich the foll~i~ vote:A~:Alde~n Bearg8 ~r~in Galleymy Schiller. ~~n S~ille ~n~ ~ ~I{~ieY pu~ick Chee;~n Th;son,~il;on. ~D ~ the motion of '~lde~n ~rCin, s~conded repor2 be received s~ retezzed to ~he Ci~ EnSin~r for tarther infection. He. 49 - City l~snaSer - Re: Ontario Traffic Conference - Elected Hepresentatiares, Traffic TrnnaporCetion Seminar, February 17,18 and 19th, D72, Toronto. Recomnending that the Cityto Project Engineer be granted per~ission Co attend the Conference inasmuch as he is · paneS moderator and hie attendance has been re~ quested by Ch~ OoT.C.and,further,timt t~o members of Council be appointed to attend. ORII~D on the motion of Alderman Martin, seconded by Alderman Thomson that the ra ors be received and adopted and Alderman McKinleY and Alderman Wilson be eau~horiaed to attend the Conference ms Councilto representatives. He. 50 - Recreation C~ission - Annual Report, Aldermmn Martin conpltanented the Recreation Director, R. Series, on the excellence of the report. Alderman Chessman also canended the Recreation Commission and these responsible for the Senior Citizens programwhich, hef/td, is used as · model by other municipalities throughout Ontario. He c~nted on the or,nc. of the D ..in-'..etivities. the ...It..u, pll: ;/it:r' residents and the outstanding eervice of the Cosmission in the pa ye , Aldemn Chessman suggested that copies of the report should be made avail le 23 schools were presently bsing used during the evening hours; there is no rental charged; various organismteen8 hook the facilities through the Recrcetion Comnission and ere responsible for opening the school end the cleloing op, the booking of available swishing pools by the ~.H.C.A, and the y,H,C,A, is outeide the regular g~n program and they arc chefled s minimal fee, ORDIi~Don the mutton of Aldetman Hunt~ seconded by Alderman Wilson that the Annual Report of the Recreation Cosmission be nceepted, He, 51 - City MasHer - Submitting the Annual Report of the tityes Trench the mutton of Alderman Hunt, seconded by &Xderman Somerville that the weport be received end filed, lqo, 52 - City Clerk - Applications of Mr.Rolland sager and Hiss Claire Ayetie for lMekmr &Fedlet linenoes, Advising that Hiss Ayotte~me denied a license in 1971 and that Hr. ieSer was granted a liceace in the years 1963, 64 end 65 but the application bee been denied each year since that rise. OIB!tIIBD oaths motion of AldersmnMcnn, seeended by AldermmnMmrtin thee the report be rnoeived and filed and the applications for Mrwker & pedlar licenoes be denied, She motion Cmrried Mith Alderman Patrick voting contrary and ell earhem the events, others iu favour, OSI~RgD on the motion of Alderman Hunt, seconded by Aldenran Mcnu that the report be received and filed, leo. 53 - tit Clerk - Racemending the 8ranting of Mcnicipsl Liceaces, CSlIB~D on tL motion of Alderman Wilson, ncoomled by Alderman Hunt that re, t be rec.ivnd .nd .d/.ed .nd li..nc...r.tad., ......... quslifi~tLoM end experience; redomending that the report be received and report be neeeyed end m opted, filed and the matter coMedared et the Commit nesting of January 31, 1972, 01BIIID om the motion of Aldenran Wilson, eccouded by Alderman McKinley that ~ the report be received sad adopted, sotsee,e, 30 amldill I I I I II I I nc~eese, he said, canno~ be Justified. 29~ [edition in ~l~tal roa~ s bsi · . ~ Cl~y ~ng disc~eed Ci2y m~C c~lder the i~reas~ a~ b~ge2 acc~d~ly, ~' is 21~%- oin ed ou~ ~t C~ meter ha d and Crabfit li~t on ~yfm ~ne aC Ole~o~ Ave. ~e~l~ the er Ci the a~ea be s~ delay, C~il will be ~pc earned · a o~fic~lm be di ~s for t~ i~ease and infom oll~l~ vote: pr~l~ at t~ ~sr o~ cmrcial buildi~ ~ ~n~Y's~ue ~ar ~in St, ~e __: ' pr~tded b~ C~ acqu~ition of t~ back p t ~ of ~in a~ Ferr Sis ~ oke abou~ t~ benefits to Such frm the Tenco S~tion pro~r~y ~ t~ north-me cur ' .~ Alde:mn Th~ P the ~ban renewal a~ea · Mere cleaad uP a~ an old barn d~lish ' P ~ ~r ~ su seed c~ld be pv~ided ~iCh 'access thr~ t~ ~nco prop ~. a~e arcass '~ C~ mrc~nCs co~e~ ntio~d included i~te~ed ~pl ~ ; ortau~ prodrOy a~8 C~ld be c~cted ~ a c~pe~aCive effort by p ' plazas 0Che~ bene~tC6 me a~iC system Mould play co~erud could pr~e the required addiCioul psrki~ area. ~. dayelement of surr~MinS areas; rotion areas' exceulon o~ Aideran ~, a ~er o~ t~ Pmrki~ CaiCtee, witl brine n ~ ~i ~ ~c n Y ~s ~ c id hired ~de~ t~ ~inter Works proem, It ~ reported t~t ~n hired y ~ Aldemn ~on lax s oft o~ ~ho Eovet~n~ ~ ra Par~ C~solon ate paid $2,lO per h~ ~hile thMe hired by the ' 1o eel to be hired thr~b t~ ~ion a~ ~ld Union rates; Che N~ra ~ar~ ~ ~ ~C luteMad Co c~e~e ~iC ~ ' ~C~es. laborers hired ~er the ~cmntive pro~am, ~ $ ~ P hal uMe~ t~ ~ Concinu ~, x~ ~d bec~ i~cCt~ ~d been lmn~d by t~ City, ~ ~nic~ality is hiri~ ttW ra~ P ~ been appointed iu 1969, licks Si~e 19~9, he ai , · s~sidhed by ~e ~c~l S~e~mnC. C0~ff~ into o~ appr~ed C~is ~ ZinmnC ~ Ciey m~Ser 6.R.~r c , ~a D ad~rttstu2 as ~e11 as c~ a~p in co~eu~iou p~tion i~ ~ouri · a~ C~iCStiOM COntrition on N~tr~e a~d Mar the Biaseel iMMtrbl area south-~sterly, d I~ be bro t in on m ~ did no 2 s' dielie t~ ~cesliCy of on~uti~ to datem~ if t~ a~ Is sgfflciently se~wd d~ri~ J~lm c .. C0t~ENTI0tq CENI~ -(Coated) 0B/~/D on the motion of ~n ~on, sec~ed by Alde~u ~uttick t~t By*laY He, 72-17 - C°ated the spell ~ C~tte appo~t~ in ~y, 1969, b re~ctivatd* b ~ ~E~D on the motion of Alde~n ~eon, seconded by Aideran ~rtin ~tioa ~ied ~th t~ ~ll~i~ wte: ~ i~: Al;ba~s, Seetile, ~lleay, be, bttin, ~Kidey, ~ttick, that R~le 36(2) o~ t~ Swains ~ulee of CouMil be tepeetartlY aMpended a~ t~ ~y.law be ~lven t~ second readi~. ~rti~ U~n~aZY ~"~ieler, ChoseRam and Toesson. laid:Aldermen Hunt mud elba. 72-14 - A Byelay to authorize t~ mcutl~ of a site pl~ a~nt with A~r~ ~2ur a~ k~ ~lur, (~M R~d aM ~yl~ St. ) ~D ~ t~ stie of Aideran ~finle~, neeended by Aldemo C~esmu ~t Aldemn ~ut ~ Fanted t~ privilele of ~t~i~ t~ By-lee the By-law be ~lv~ t~ fi~t ~fi~2- ~aied UMn~IY lists: Alderman Wilson retired fron the Co~ucil Ctmmb~rs. 01~aBD on the motion of Alderran Htmt, se~Mded by Alderman Fdon that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the BTolaw be Given the netrod reading, Carried UnauisouslY Third Readin~ - Alderman Beans and Aldermen Bmervilb. Carried UMniS~S'IY Be. 72-15 - A By-lay to amend By-law Ha. 2530, 1960 of the fennel Township of ~ ne in the City of Ninprs Falls, ne amended. ORliuxD on the motion of Aideman )farina, neeonded by Aideten Faun thet Aldensen Runt be ~rauted the privilege of tutr~ducin8 the By-llm and the By-lay be given the first radiuS. Carried UmminouslY GIDB~D on the motion of Alderman Hunt, seconded by Alderman $chisler that Rule 36(2) of the SCendi~ autos of Cou~il be temporarily nuspeeded aM the By-law he given the second readin;, Carried Uusnimmmly ~hl~d lisadinS - Aideran bares and Aldenran Hunt. tietee Al.detuan Wilson veturged to the C~_noil bare. 72o16 - A By-law to authorits the execntio~ of a site plan seremeat with ~uildere (gt.Catheriues) Limited. (Former OXenvia School) ~it~SwtD on the motion of Alderran Barvilla, seconded by Aldensan Bunt that Aideman bares be Branted the privilele of introducing the By-lee and the By-law be given the first re~din8. Carried Unantmmaly ~iJgEmeD on the motion of Alderman bares, seconded by'Alderman Hunt that Rule 36(2) of the StandinS Ruton of ConRail he temporarily suspended sad .the By-In be Siren the seaand readtoe. tattled UmsaimmmlY Third auadiaS - Alderman Mileon and Alderran 8chiclet, Carried · 314o. 72~t7 ' A By-law to emud ly-lsv leo. 5335, 1955, as onlnded, ~ CILiaSaD on ~ erie of Aidsran brae, see~sd by Aidsram ~ms~ t~t Aidsran ~m be ~an~d t~ pity/lop of intt~ue~ t~ By-law sd the lyelaY be liven the first ~eadinB. I .Third Readit~ - Alderman Wilson and Alderman Hsnn. Carried Unanimously seeeat to ~he Consumers* Gas ComPanY.as seconded by AldermanWilson  ~ A By-law to repeal By*law lqo,7Z-2 to authorize the e~ecution of s (ll~0~D on t~ ~tio~ of Atde~n ~at , that Alde~u Chee~u be granted the privilege of iutr~iu~ the By-laY and t~ By-laM be given the first t~di~. ~r~i~ ~K~D on t~ scion o~ Alde~n C~esmn, seconded by Alde~n t~C Rule ~6(2) o~ the S~t~ Rules og Council be c~orsrily s~pended and ~ ~-lsw be glean the seco~ tending. Carried Third Keading - Alderman Wilson and Alderm~n Bearss. Carried UonuimooslY _Ha. 72-19, - A By-law to provide monies for general purposes, OFfEnD on the motion of Aldecmsn 14cKinley, seconded by Alde~n ~tttn t~t Aideran S~ffille be 8~nted t~ privilege of intr~ucing the ~y-lsw and t~ By-l~ be ~tveu t~ first rod~. ~rried UMu~o~IY ~D on the ~ti~ of Aldema S~,ille, s~onded by Alde~u ~M t~t Ruts 36(2) OE the Sta~ Rules of C~il be t~otarilY s~peaded aM the BYelaw be given t~ sated t~di~- Carried ~hird Reading - ATderman Wilson and Alderman Hattin. Carried UnanimouslY. The meeting adjourned on the motion of Aldex~an NcKinloY seconded by Alderman ~. RK&D A~D ~D, O lark - Council Chambers, 3anuarY 31, 197Z, · ~onday, 3antmt~y 31, 1972 for the purpose of Council met at 7:30 p.m. o5 lqayor F. 3. ~ller ~esided as CMi~n. c~ideri~ genera~ b~i~ss. H~ ~owshtp All ~ezs o~ Cou~il ~ere ptesen~ dean Zesrss ~ered the ~ni~ ~ayer. - t~th t~ except~n of Alders ~nn. ed b Alder~n ~rt~ t~t ~ motion o~ Alders Wilson, s~on~ ~72 be adored as tegatd~ug t~o~rez~ed to t~ ~tario R~ing Cotpot ed st a given l~ation ~C sit~t~ be Zo~ C~n ~5 t~ily ~i~s be es~blis presentoil lde~ ~o~on t~t . ~as ~o pt~nt the ~ ~b~Z ssa resu1~ o~ a report ~fi~d ~t z~ 0.8.C. c~tigen units ~hic end approval by Cou~il. ~* ~Tcl~i~ ~he request ~Sti~ no~h oet ~' ' G ~ C are fi~li~ed a to~ t ~n t~ xec~a~t~ o~ * ' ~o~ct~ad ~ ~ye strauss d b senior citizen ~t~s rill be ~Z ~e~ the condiCio rd8 the Natio~l nu ir~uts~ ~' ~ye pr, i~ed a he ~,~uce. In ~he miter of ~ecatto~l l~ses, t~ m~i~ · by ~ay of grants, a m~cipali~Y 7~. ~ C~ F~ a~ ~ ~lton ~Zario, for 28 t~ o~e I s · m~el CO~ ~ O~ 8 · s c~~ o I ~e s Us ~ ~s, bl~i~ ~ ~equl~e *d be c~ted on the site ~ t * . addtti~l ~ts c~ es 22 ~n ho~e onitl. dly~ I t S th "d ~ ~ h S ad k  Z~ ~. bufkr Itrt~ w xt~7 ges~i~ ~ t,~ t , lOtIeUi~ tO e~ate P~ * ,.,,... is / o{ Valley ~Y, providing a density o{ 22 P 0 including land. ~ iCY F~na~er ° Re'. Rape ' ii ~ a second floor; patios for ground floor uni ,. al~ unies equipped ~}lCh sCoves and ', local on to the slighClY bigher es~ o~nsil's direc~ions. hmt the refrigerators; carpsted cot , s {~ a B~D on che motion o{ Alderroe the necessary repairs C e rovided in the discuss the p~sib~lity o{ co~t ~ . 197 S~LXle, Hunt, ~ ' chilies. O.H.C. will pr~ide 150 ~its, wi~h H~on ~t S~oe S~ree~ { t~ ~ d: H~ ' ~h8~ pe~nent { ill ~o e~ecCs' to be die to present a c p~pMals. ' , pe~ic vat issu ~ion o{ AZde~n ~8s, se · . dad b' Alde~n ~on t~C C~il~ ~D ~ the ~ed aM filed. W See ~mgluet~ ~. 7 lion. No. 18 - l~.3.A.Davson - C~nts re., Appotn~M of Hr. Lo Gritsroll co ~l~in~ a~ ~velo~n~ C~i~tee a~ the ~yores C~ittee on Ho~inZ. · .'.*' Aldemn ~CCiek referred ~o C~C porti~ of ~e letter t~C c~ares the City~s p~ition to the "~n G~ m~ H6~ Brae co~liet o~ ~terest sit~Ci~ in the CiEy of T~flton. ~e Alde~u said ~en b a point o~ leViiCy and suBB~t~ t~t the City Sol~itor s~d be ms~d for hb opinion. It vu ~d on t~ moti~ of Alde~ ~,~e~ see~ed by Alde~ ~rtiu tha~ t~ c~ca~lon be received a~ filed, ~o ~ion w m~ed m ~he moti~ of Alde~u h~tick, sec~ed Alde~u ~on C~C ~b c~icaCton be received a~ re~rred co c~ City Solkitor for h~ cmn~. ~e ~Cion ~rried with t~ foll~ vote: ~lde~n Gell~ay, ~ a~ ~rtin. ~. 19 - City Engineers ~s~hCton - ~quest~ ~ ~i~ial G~nt to ~er~ke en ~Ce~8Z~ proSfro of resea~h i~l~ pilot projects ~ ~ feasibili~ e~ eeonmi~ of ~e recycling nf w~Ce. ~D m t~ motion of Aideran Welsh, s~ed c~i~ation be received anti the uselavish as s~tted by Xos~hti~ be appr~ed. He. 20 - Camden R~d bci~ CI~ z~e on ~icipsl areeta ~er s cited ~ mile e~ne; 8~t~ · metM wi~ s em4ttee o~ c~ ~s~bti~ to f~ly dbc~s the plea. ~D on the ration of Alde~a ~on, seceded by Alde~n Chees~ ~t the c~ies~iou be receiv~ ~ a met~ be arraqed R~d hc~ ~nizs~ion. He, 21 - Regisnil Hunieipality of Niagara - Re: Interim imvy By-law. Notin~ that the by-law provides for levy imyuenrJ on or before -lerch 31, 1972 end on or before Hay 31, 1972. OI~B'D' on the motion of Aldensan Galloway, seconded by Alderman Cheeseart thee the communication be received and filed. No, 22 - Regional Huuleipalit7 of Nia~ra - Re,. The Gutares Traffic Conference. idviainB thee ~he Regional Hanieipalizy has Joined the O.T.C, on behalf of the ares munieilmlities and has paid the membership fee for 1972; advising also thee the one fee of ~300,00 entitles all area umieipelities to Class ,t~, membership, .OR~ZD on the motion of Aidemen Rent, seconded by Aidemen ~hmson Thee the conmunication be received and filed. Hauicitml Board for approvsl of s the eort Waller ~ollution Control Pleat as a Regimml semen york. He, 2~ - City of Welland approviu~ agreements ~ t~ pa~u~ .pmr81 rate. ~ on t~ mei~ He. 61 * City Hamyet · BU= Undergoend Zastallatioes im Berita~e Hemstoads Sddivlaise. Cm~ract ~.C.1.12. Reemmondlal tbst the it preens admitted by Dmoes Irelbers L~d. foe gM retaliation of eodetlround earrAces for the BertUp limesiced tubdeviate be accepted. ~ m the motlea of Aidelain lets eecondd by Aideman Vileca that the report ha received and Idapied. he blolution He, g He. 62 - Ci onler - Be,. 197i Street IAIbtial holm.' Advisiq that the lielira bt~s ~ro C0mblie bit ~equelted pandee·on to proceed vith the relllbtlat proItem prWed for 19T1; tocmmendiul approval of the toqueate i fo~her report viii ha rode to Comil lu the mar foeore setlining · reviaed 197i sebudula and a prot~ed 1973 seheduh. QI~I!ID oe the eelion of AIdes Hunts le~onded by Aiderosa HcZinhy that.the report ba received ·M adopted. mm~ tMt ~ a~liutim be Qprmd a C~il, by r~olution. eerti~ ~t ~ a~l~Cia cmfff to ~ ~f~bl Pbn ~nt ~. ~ nf th Hbpn hits ~ Am u m~sd aM ~ ~ ~ ~ter of ~ipl Afbiu. ~D m t~ ~lm of Aidera Wils~. sff~d by aideran bt ~t tb n~t k ~eiwd ~ added. Son boXmaim ~o. 9 report be menred aM filed, unit prices suitiliad by Recallare Asso~imtes nf l~roato - - Listted ssl Oibeo Uad~rSs~md Ltd. ha mapted by Cmm~il. IBIIID oatb ~im of Alamo ~, s~ by al~mn ka~s that ~: AMo~ ~tti~ aM Vilere, aide of Or~srd Avenue frm Relawre St. - to · point 110* soufirefly. de n 41N~D ca tbs matire of aim lhamsoa, e~dsd by &Idaran bres that the :!rapera k .Heeivud ,'and ad~ted. commulontious. HOe. 23 and 2~, ba,,reCeived* and, fild _an4 the, C,i.~y; re. teeter ,no, i all ~ on the east side of Hay Awe frm Buttrey Street to · · **.,i_. to the .ppl,.i,. / . ,,.___,, h, ,1de__,-- ,~-:" " i~ll]tOr/~l " IIl~'t ha Itctived aM adopted. :'.:~Ho,59 - i I~ans - Re,. 1972-1976 Copfall BudSst. Advising that the cb~ua~s :,.~Mo, 68 - tq e- Of~i~g' - bemmsudia8 opprorsl of ippZi~atioM to a m library, arena and mrket~ reeomeudiq that the 1972 aspfeel budSst proa~-t re~eat ha toeseyed esd sdq~od, ba fonMlly approvsd by Council god the projected 1972 Co 1976 capital budSot " iprolram be elm·trod to .the Relichal lt~eiplliL-/for their seasideration and- 1o. 68 - Ci ~Ze~k - Rfimmeedlal the grant·uS of I~mieipal Lfaeases. ~SM~mmL . ·: . ~. ~ . ~ , :; ,111110 m ~-mtim of &Mamma MOO, eee4NIk~ ~ Albm liar tbst tbs ~011111n ou the ratio. of Aldenram Beans, intruded by Aldenan 1~mson that tim 't~M~t b .sMeared,sad edqSed,md Umsm Innted,. - ' · ' /__r~l~rt be received end,adopted and the 197!-76. Cap·tel Budlet, approved. ' """ ""' 0' ,-,m., -.--.. ~ ' ': ' '~* ' ' ~ .... : I 2 mmMet~tbat of Am ~ll!,W. ~s.oe!el ~ A,!~.s~n me; that the .,.report be received .a~ '-: ;/:> Z. ~ ,/*. ~' "' *' "":'~ . ~::.."'~:./ / ',,,,...,,.' t,-' *,' ' ,.~;.:,; .,,' ,/''~''"* ' :.;4/:' ; ",.C" :' * D(ICI~STER ROAD GRACE CROSSING Alderman Bearas ceaseuSed on a recent accident at the double railway track on Dorchester Reed near BrlSht*s ~inea and the concern of area residents about the lack of sufficient croscin~ safeguards. Dorchester Road is .a Regional roadway. The Alderman suggested that the operation of the warning signals and the possibility of inatallin~ railway Sates should be investigated. O~DERED on the motion of Alderman Bearss, seconded by Alderman theegroan that the Regional Hunicipality be requested to invest,Sate the railway crossing on Dorchester Road near Bright*a Wines to determine if the existing safeguards are sufficient. PORTAGE ROAD - ST.PAUL AVe. TRAFFIC SIGNALS Alderman Hartin suggested that in view of traffic problems and accidents. Rag,seal authorities should be persuaded to move forward the proposed installation of a traffic signal in the St.Paul Ave. - Portage Rd. area. The Aldemsn requested information as to the number of accidents thaC had occurred on Portage Road between St, John and St. Paul Avenues, J.J.G~EEt~, H.P. Aideman Patrick comaanted on the recent retirement from the Federal Cabinet of the Hen. J. J. Greene, Minister of Hines, Resources and Entry. The Alderran said that the Minister has earned the respect of all residents, regardless of political affiliations. Alderman Patrick expressed his personal appreciation of bit. Greene*s efforts and cooperation, ORDERED on the motion of Alderman Puttick, seconded by Alderman F. srtin that a letter be fo~mrded to the Hon,J.J.Greene conveyinS Couneil*s reSret that he hes found it necessary to retire free the Federal Cabinet and also expressing appreciation for his efforts On bm__.h~lf of the City. See Resolution No. 10 cc~iTr~ oF A THOUSAND Alderman Puttick noted that ~L~. Norm Hitch,neOn is couldariaS abandoni~ h~ e~fores on be~l~ o~ the C~ittee of A ~a~ became oZ lack of interest and f~l supper, ~ Aideran s~gested c~c c~dezation should be given to o~fer~n~ s~ ~sista~e in order t~t the C~iCCee-my continue to operate. Aldemu ~tE~k c~uded ~. Hitch,Men and ~. J. M~CS~ry f~ t~ir anCi-polluti~ activities. ~ a~is~ t~t C~ Recreati~ Directly, R. So~s, ~d ~i~ted his will,aBYss ~o mBoCimte with both p~Cies c0 detemi~ who ~ Ci~ can do to 2urant~ t~C C~ f~ht api~c pollution Mill centime. ~ City ~Ser ~icated him support of t~ efforts of Che Ca,tree of A ~mnd. ~. ~ice ~ me with ~. Miceblush on ~ ~cesio~ and he a~bed C~C City ~icials an u~ working very tIMely with the C~Ctee. ~e City ~2er feardad a letter a~ litergifts Co ~. ~tch~on and ~ said ~ expected a reply by ~i~y. F~FIG~'* C~CT In reply ~o a qMstion by Aideran Hunt, t~ City ~m~r a~bed ~at the NeSotbti~ C~tCCoe ~d ~ld ~ meei~ with representatives of ~1 528, Nb~ra Fails ~rofessio~l Firelders. Aldemn PuCtlok ~resstd hb co~e~ sb~t t~ ermffio ue~mti~ in t~'Centre ares, parciaulsrly d~iq t~ sir ~t~ ~n vehicular traffic mt he ~lted me t~ re,lay erMs~ a~ to mils ~descr~M to arms the intersfit,me ' ~t Aldemu o~tttd t~t Z~ Ci~ Baitmar c~ider t~ fesobility of orectiq so mr~ad ~llMy ~ the mr~ in coalition with t~ primed ~rail system. b Ci~ anSWer enid it ~ primed to erect m ~sil sUtim in t~ ere s~ t~ s~Mmtion c~ld be irarot,Sated. ~,t Hitler canted ~ t~ sod ~ an aremad 8roan li~t at t~ b~ts~ti~ to N~t mt~Dto travell~ s~th M Vimt~ Ave, Co eke a left ~M t~ a~ prMeed ottofly dl Clift~ Hill. ~Y.~OI,UTIONS No. 4 - HkRTIH- THOI~OH- RESOLVED that UHER~AS a proposal for the construction of 28 family housing units of rental accolades,on has received the approval of the Board of Directors of Ontario Housing Corporation, and was presented to Niagara Fails Nunicipal Council on January 31, 1972; BE IT RESOLVED that the Corporation of the City of HisSara Falls agrees, in principle, to the construction of the 28 units on Fortage Ruad in accordance with the said proposal so presented; Ate the Seal of the CorporatiOn be hereto affixed, Ca~rie~ No. 5 -H~ItTXN - THOI~ON- RBSOLV~D thaCWI~REAS a proposal for the construction of 22 ~smtly housing_ units of rental acc~.~'odation has received the approval of the Board of Directors of Ontario Housing Corporation, and was presented to the Niagara Fells Fmnicipal Council ouJanoary31, 1972; RE IT RESOLVED that the Corporation of the City of HisSara Falls agrees, in principle, to the construction of the 22 units at the corner of Siunic~s L~venue and Thorold Stone Euad in accordance with the said proposal so presented; AND the Seal of the Corporation be hereto affixed. Carrie~. He. 6 -HARTIN - THOt~0N* RESOLVED that WI~R/~ASa proposal for the construction of ~5 one-bedroo~and 1 cvo-bedromsenier citizen housing units of rental accmmodatiou has received the approval of the Board of Direccors of Ontario Housing Corporation, and was presented to His~ara Falls Hunicipal Council on Janoary31, 1972; BE IT RESOLVED that the CorporatiOn of the City of SisSara Falls agrees. in principle, to the contraction of the 7S units on FortaSs Read in accordance with the said proposal so presented;AHDtheSeal of the Corporation be hereto affixed. Carried I~. ~ - BRARSS - THOHSOH- RESOLVED that proposed Byelaw He. 71-85 entitled "ABy-law to author,at the acquiring. eatablishina, lay,n6 cut and imp=owing uerCain lands on EllenAvenue in the Centre Cmmercial Area of the City for the parking of vehicles'* which yam read a first and second time at the meet,n8 Council ca the 25th day of HAy. 1971 be amended as (l) gy chengin~ the reference in the fourth and fifth lines of the first recital from "paragraph 67 of sectiOn 377 af The 14unit,pal Act" to *'paragraph W2 of section 352 of The Hunicipal Act. R.S.O. 1970". (i) By striking out paragraph 2 and saber,rating therefor the 2. THAT this Council declares that in its opinion thosa lands within the defined area of the City outlined in red On the sketch attached hereto as Schedule "B' which are assessed ~rOn time to time for the real property acsassment wantioncd in clause (a) of substation (2) of section 302 of The ~unicipal Act, R.S.O. 19W0 will derive a cpe~inl banefit frOm the parkin~ lots.' (3) gy striking Out clause (d) of parag.raph ~ and substitntin~ therefor the following** (d) fo~rthly, to the extent, if any, that the revenues referred to in clansee (a), (b) and (c) hereof are insufficient to pay in full-the said aneuel ioscslments in any year, by c spatial re~e sufficient therefor to be levied in each year on the whole of the rataable proparty in the defined area of the City oatlined in tad on the sketch attached harass as Schedule *l", having an assessment for real propcrty mentimaed in clause (a) of substation (2) uf section 302 of The Municipal Act, R.S.O.19YO, and such special rate shall be levied and raised over and above all other rates and shall be dollacted annually by the Culleater of Taxes for the City at the came tim sad in the esmwannerns other rates, cud the povticn cf the cost of the park,n8 lets that shall ha levied against etch parcel of land in the said defined araa shall be in tha proportion that the said assessment of such parcel bears ta the total of the said assessmuts of all percale in the said defined area, as sueh assessments may vary from year to year, all as adJunted to reflect ttm daaraa e~ apexlaX bansfit which aach sunh pareel will recaiva from the parking lots as set out in gchedula '~** attached Imreto. (4) By cheqin8 tha reference in the secomd sud third lines of paragraph 5 from *~sraarsph 67 of sans,on 377 of The Hunicipsl Aet" to *~sraaroph 72 of smarten352 of lhet4unicipsl Act a.8.O. 1970'** emmasee® ge s mm Resolution 14o. 7 (Coni'd) (5) By deleting ~chedule t~,, and substituting therefor a he, Schedule ';B' attached heretoe (6) By delet4n_~- Schedule '~' a~ s~stitut~ there~ a mw Schedule "C" attached brats. a~ ~t a copy of prop~ed By-law No. 71-85 as so ~ed be sent Co the assessed ~r o~ each ~rcel of land in the defied ar~ a~ c~E upplicaCi~ he rode to t~ ~tario ~uicipal BMrd for appr~al o~ the undercaki~ in act,frieze with pr~ed By-law 71-85 ns so ~ed; ~ the Seal of ~e C~ontion be ~re~o affix~. Carried U~n~ly 14o. 8 - HUff - ~rfI~(ff - RESOLVED that Dan, re Brothers Ltd. be a~arded the G~tracC for ~he t~llation o~ ~erBr~nd se~kes for t~ I~riaSe Hasteads S~diviolon, Contract G.C.I-?2. aC ~he unit prices s~iCCed; ~ the Seal o~ the C~p~a~ion be here~o aff~d. ~rr~d U~n~IY No. 9 - WlI.~ON - HUNT - RESOLVED that the Council of the City of 14inSets Falls certifies that the application of the City o~ Hisgate Falls for the fez,alaS of property known as part of Twp. Lot 125', situated on the north side of Fredrice StresS, conforms to the O~fielel Plea Amendment No. 28 of the 14legate Falls Planting Area as -~qded end approved by the Minister of Municipal Affairs; AHD the Seal of the Corporation be hereto affixed. Carried Unanimously No. 10 - PUTTICE - 14ARTIH - RESOLVED that a message be forwarded to the Hun. J.J.Greeue conveying the City Council's rearet that he has found it assesssty to retire from the Federal Cabinet end as 14iuister o~ EnerZ7, ~linee and Resources and also expressin8 appreciation for his efforts on behalf of the 14tmicipality; AND the Seal of the Corporation be hereto affixed. ~-: Carried Uuanimoual~ BY- xAwS No, 71-12~ - A By-Is, to authorize the construction of a atom sewer as an extension to the existin~ sewage system in the Urban Service Areas ~of the City. (Read a first and second time on Augtat 20, 1971) Third Reading -Aldermau HcKinley aud Alderman Wilson.. Carried Unanimously By-law 72-20 (Coated) CRUisED on the motion of Alderman Puttick, seconded by Alderman Hunt that Rule 36(2) of the SUndinS Rules of Comacil be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Wilson and Alderman Schisler. Carried Unanimousl_y No. 72-21 - A By-law to provide monies for ~eneral purposes. 0RUBRED on the motion of Alderman Bearss, seconded by Alderman Hunt that Alderman Somerville be 8ranted the privile8e of introducin~ the By-law and the By-law be Siren the first reading, Carried Uusnimousl. l.Z ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Co~_.~_il be temporarily suspended and theBy-law be 8iven the second reading. Carried Unanimously OR/IRED on the motion of Alderman F~Ktnley, seconded by Alderman Hunt that the meeting adjourn, READ ~ ADOP~,D, l~ayor No. 71-127 - A By-law to authorize the acquisition of a strip of land bat~ee~ Islet Road and Garner Read for the purpose of improving a watercourse, (Reed a first and second t4m- on AuSust 20, 1~71) Third ReadinS - Aldetmaml~srtin and Alderman Cheesmn, ' /.. Carried Unanimously No, 71-129 - A By-law to authorice the construction of certain vatsmaine as improvesmnr~end extensions to the existing water supply system in the Urban. 8e~vi~a &tens of the City, (Read m first and second time on AuSuat 20, 1971) i~ird Readin~ - Alderman WilsonandAldermn Carried Unanismmly O~D on the motion of alderman ieXiutey, seconded by Alderran Sobicier ~JmC Aldermen t~ttick be Ira~ad the privilo~ of ~inS c~ Bylaw ~ t~ ~-~ be 2iv~ tb fi~C ~rried UsaSlY Council Chambers, February 7, 1972. ~EGUIAR ~ETIHG Council met at 7:30 p.m. on Monday, February 7, 1972 for the purpose of considering general business. His Worship ~syor F. J. 14Slier presided as Chairsan. Alderman Hunt offered the O~ening Prayer. All Neeberg of Council were present with the exception of Aldermen Scmex~ille, Gallsay end ~geSon. ADOPTION OF taHUTES O~l~exD on the motion of Alden0an Wilson, seconded by Alderman NcKinley thee the minutes of the regular meeting held January 31, 1972, be adopted as printed. UHFI,qlS!IED BUSINESS Nit, L, Case. #10 - a.J.Hutcheon_; C~. #18 - J. A. De·as· - Re: Corn·ants re appointment of tit. L. Gritsroll to the planning and Develoiment ComaStrew. Report # 71 - Planning Adm4~is~r~tor - Submitting · colby of a public etaCement mode ~y l~r. Gritsroll ac ;~P~'~;~ning end Development Coexaittee meeting held February' 2nd; submictin~ also a letter from bits. HsroZd Evans wherein she comments on the inadvisa'..',i'iiCy of !~r. Gritsroll being allowed to serve on the Ccemictee; advising the~ the Planning & Develolment has passed a reoolution that Nr,Grigoroffes sUcement and all correspondence in respect to the mortar be directed to the City Council. Report # 72 - City golici~.~r - Advising thee the legal position is that under the present provisions of ~e t~unicipal Act, Nr. Gritsroll was not disqualified from being appointed s member of the Planning and Development teemStrew and would not be disqualified from cnntinui·g to sit as a member, if a conflict of . interest situation should arise, provided the requirements of section 199 of The Municipal Act are observed. OR/~RED on the motion of Alderran Hunt, seconded by Alderman 14erOS· chat the report of the Plan·inS Administrator and the report of the City Solicitor be received and filed; ~urther, thee a copy of the golic'-to~es report be feardad to !~, Hutches·, Nr, Hudson and Hrs, Evans. ~AIL DELIVERY Report 73 - CitX ~nsger - Re: Delay in moil deliveries co the loser Viiiage of Chippaws, Cow·curing on the problems enc~ntered by postal authorities lmolnding the reonunberinS scheme; sealpatios of several poretel districts; changes in letter carrier ro~tes, sortinS operation and postal clerical staff; duplication of box uusbers; snggestinS CtmC the public be enc~Jraged to coWerate by foilwing three suggestLone enumratad in the report. O~BRZD on the motion of &Idaran Henri, seconded by Aideran Hunt thee the report be received and filed. Report 7~ - City 14Insear - Presenting · return of the activities of the Convention Centre CoraLtree appointed in 1487 1969. Requesting the direction of Council. 0RBSlED on the ration of Alderran httick, seconded by Alderran Ydnn thee the report be received and filed and the City Nanapt, the City Clerk and the City InSSmear be asked to submit feasible and morkmble stq~metioas for the provision of m caution centre in the N~nicilmlity, · ~e~iwmD on the motion of Aideran Bares, seconded by Aides· !tat that t emmaemetic· be recmivd, tk t~itetiU a~o~ted a~ u mM ~il ~en No. 26 - MisSera Resort & Tourist Association - Re: Proposed Niagara Freeway. Referrfa_= to Ceceeil'e request that the Association submit its proposals reaardin8 the Preeey before the end of January; reqosstin8 · tee week extension to enable the N,R,T,A, Board to authorize the recou~endetions of the Ctvi· and Goverment Coamittee, ORDERED on the motion of Alderman Cheeses·, seconded by Aldermen Schiller that the c~enunication be received ··d the t~o week extension 8ranted, ! Ms. 27 -Willou hb~ Neighbourhood Recreation C-~.~ittee - An invitation to an Open House at t~e Conam·try Retreation Centre, Feb. 8, 1972, 7:00 to 9:00 F.M. ORDgRED on the motion of Alderman Hunt, seconded by Alderman Hartin that the c~-.-.~mication be received and the invitation accepted with thanks. lqo. 28 - Hrs. T. Hillton - Submitting · copy of · letter addressed to Mr.Gordon Fsul, President, HisSara Resort and Tourist Association, reqeestin8 endstaRfish of We musical compositions to be used for pronotional purposes. ORIiBED by Alderman Searam, seconded by Aldemn Wilson that ldre, Hillton be granted permission to address Council, Hrs. Hillton said that the purpose of her lettea to the N.R.T.A. and to the City Council was to solicit assistance in ~aininS racesnation of her musical cmpositioos as well as sponsoring her appearing cn various T,V,proSwmm for the purpose of promotin~ Niagara Fails, OBDBRED on the motion of Alderman BenraM, seconded by Alderman Wilson thet the c~ications be received and filed and Mrs. Ralston be commended for her continuing efforts to pro·ore the City and appreciation expressed for the copies of her music made available to Council members; ~rther that t~rs, Ralston be asked to supply Council with · copy of tdr, Faul*s reply to her letter, No. 29 - Greeter Niagara Safety Council - Re: Water Safety, Requesting that the Chippawn River ~P;Sency Boat Patrol be the responsibility of the City. Hayor l~iller noted that in 1971, the program was sponsored by the Federal Government under the Opportunities for Youth program, Re suggested that the government should be asked to continue the program. CII~RED on the motion of Alderman McKinley, seconded by Aldex~mn Hunt that the ca~unication be received and referred to the City 14annSet to obtain soppotting info~mation, No, 30 - Nineare District Airport Con~ission - Re: Appoinment of business representatives to the Airport C~d'~ission. Requesting that Co~*tl approve the appoinment of Hr~Jack Merrett, Mr. Joe ~lontSomerY, 1dr, A. 14acl~tin and Nr,C, Fartell, CgDBRED on the motion of Alders· Maon, seconded by Alderman ~/ilson that the. · ~mmnicati·n be received and the. appointments be npptnved and confirmed by by-law, See By-law No, 72-26 No. 31 - South Ontario Economic Development Council - Requesting that the City appoint two representatives to the Board of Directors. Aidemma ~uttick asked to be recorded as being fervently opposed to' the ReBiooal t~unieipaXity paying · $3000. membership fee which he described 's waste of mocey*~o The infoxlmtion provided by the S.O.E,D,C,, he laid, isher readily ·vail·hie from the Prnvincial government, Hayor Hillmr said that t · ,' have bee· sony Changes --de in the operation of the orSaniMation and Relichal officials are of the opinion that the eraaniMation Mill bonafit the ReSts·, . b Alderman requested additional information, ORDERED on the motion of Alderman Hunt, seconded by AIde·me HuKinley that the oemmuntcation be received and Alderman Bearso and Alders· Wilson be appointed the City*e represeneatives to the Board of Directors of the S.O.B.D,C, The motion cartie,d, with Alderman ~uttick voting contrary and all others in layout. Ho. 32 - Won,Charles 14acasushten Minister of Transportation & Communications - RefertinS to the City'l request ~or lie·inS on MiStmay ~0~ at its intersection with !itSbray 58 to indicate *qfimgsre Falls via Thorold Stone Road"; advising that it is the practice of the Department to confine lit·inS to direct hiahvay to·tee and that it is not considered advisable to include routes under other lorisdictimm. IMyor Hillor inS2elted that a nmstiu2 with Mr.J.Clement,td,L.A., 'be errreeled to discuss the no·tents of the letter, Meyer Miller ·leo oosmeut·d on the sips ou the q.l.W, at tim Iborold Stem load exits. Mben travelling mouth on the Q.B.W. the first sign indicates "Thorold Stone Road West - Thorold*'; the second mien ' toads '~rhorold Stone Road East' but does not indicate that the eastern exit leads to Rio~ara Falls. Hayor tdiller suggested that this item could also be discussed with Hr. Clement. ORIW3~D on the motion of Alderman Chessman, seconded by Alderman Rust that the ~--.--micstion be received and, nat~ithetanding the comments of the Ida·later, that Council continue to press for the suggested sakes and a meeting with Mr. J.Clement, N.L.A.. be arranged to discuss the matter. REPORTS No, 75 - City HacaSer - Re: By-laws to provide for the interin levy of taxes end for the collection of interha taxes for the year 1972; rectal·dinS that the required by-laws be enacted by Council. GRIIBSD on the motion o~ Alderman genres, seconded by Alderman Hunt that the report be received end adopted. See B~'-lavs 72-22 & 72-23 No. 76 - City HasaBet - Re: Towers-Fond City Shopping Centre - Additional Building - Tim Norton Donuts and Conmartial Ares. RecanmendinS approval of an ended site plan so as to permit the issuance of a building permit. Alders· l~anm questioned the hours of operation of the Donut Shop and eepreeeed theopinion that the store should not be allowed to remain open on · 24-hour basis. The City Hasseer suggested that if the City attempted to control the hours of the donut shop, many o~mdlar businesses would also be affected. The City Clerk advised that there is no mention of store hours in the site plan agreement end the City has no legal authority to enforce the cloainS of this particular business, It was moved On the motion of Alderman Harm, seconded by Alde~nsn Wilson that the report be received and referred to the City idasager for further information, The motion was Defeated with the following vote: A~E: Alderan Has·, McKinley; ttYB: Alders· Bearss, Bunt, Hartin, Puttick, Schiller, Chaesman. ORIIRED on the motion of Alderman Cheeses·, seconded by Alderman Hartin that the report of the City Ha·seer be received and adopted. The motion Carried with the followin~ vote: A~E: Aldermen Bearms, Runt, tdartin, McKinley, Putt~ck, Schiller, Chessman. ~YE:Aldetmen. Wilson and Mann. tqo. 77 - City Hacaaer - Beretring to · letter received from the proprietor of Dorchester Car Sales and Service Ltd. which cent·inn c~ents regarding two two co·ceres operating under the nm,~,, of Dorchester T~in6 Service; suggesting that the matter is beyond the Jurisdiction of Council; racemaw·dinS that a copy of the report be forwarded to the offices of Dorchester Car Sales & Service Lid, ORIIRED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report be received and adopted. Ib. 78 - City Ha·seer - Re: 1972 Tenders, RequestinS authortestis· to call tenders for certain materials end clothes required by various civic depar__-~utl as yell as tenders for the rental of certain equipment, CM!!RED on the motion of Alderman Schieler, seconded by Alderman Hunt that the report be received and adopted, Do. 19 - City MassBar - RequestinS authorization to onll tenders for the lostalia- tic· of watermains on Relieves St. from D~ummond Rd, to the Q.E.W.; Glenhelms Ave, ftnm Lundy*s Lena to Leetug St, and on Stanley Ave, from Chutch's lane to Mhirlpecl Road, 0RIBRED on the motion of Alderran Hunt, seconded by Aideran Rehizler that the report be received and City officials be authorized to call tenders for this work etch · tinsin8 date of February 29, 1972, 1~o, 80 - City Hatseer - Re: D,T,C. Contract for Reconstruction of Niagara and Dorchester Intershe·ass, AdvisinS that tenders ere out for the Motk requited on beth iutercheu2el and the first stage of construction will run ftnm !brch X, 1972 to Sepia·bar l, 1972; the rat·inS stages will follow and all work'should be conplated by Nov_hat 15, 1973. ORII!~D un the motten of Alders· Hunt, senended by Alderran Chess·on that the advisory report be received and filed, ~o, 81 - glennins Admiuiltretot - 8ulmitting the 1972 Official ~lnn Consolidation, Advisiul that the )laoniu8 & Development Cmmittee hem reviewed the duesent end directed that copies be made available to Cormell and to the CoatStew of Adjust* maut, eNIIBD on the motion of Alderran Hunt, seconded by. AIde·an Wilson t~at the report be received aud filed, ewe,ere -No. 82 o City 14anaZer - Re: Routine requests from local organizations. Rec~,~udinS that Tag Days be approved for the C.G.I.T., Kineats Club, Sea Cadst Corps, Greater Niagara Minor Soccer Agone., B.M.B. Church and the Canadian Cancer Society; recluse·dinS further that the week of May 29Oh to June 3rd be proclaimed as 14iuor Soccer Week subject to the usual conditions; recede·dinS further that Council authorize a half-page subscription in all secondary school yearbooks providing the cost of each insertion does not exceed $40. ;racemes·dinS approval of the request of the HisSera Falls Lioness Club to conduct the Annual Broom Drive from March let to June 30,1971 and that the Niagara Falls Lions Club be granted permission to use the Bridge San grounds for Chair annual Carnival July 7th to July lath. ORdeRED on the motion of Alderman Nattin, seconded by Alderman Hunt that the report be received and adopted. - i - Building Permits issued for the month of January, 19Y2. of --..onond.d hy ,ld.__n ,ears. that th. report be received and adopted. Ms. 84 - Lottery Ltceusin~ Officer - Reconnendiug approval o£ applications to manage and conduct Raffle Lotteries. ORIIRED on the motion of Alderman Schisler, seconded by Alderman theeseen that the repor~ be received and adopted. No, 85 - City Clerk - Raceme·dinS the granting of Municipal Lieantes. ORDerED on the motion of Aldermn Wilson, seconded by Alderman Bearme thaZ the report be received and adopted and lice·tea granted, - i l~mo~Z~ . Reccmnendiu~ the payment of Municipal Accounts. o, ,de__n ,--. ,cend.d by ,ld.__n ,rain chat th. report be received and adopted. t~W BUSIt~SS PATROL BOAT OS~BED on the motion of Alderman Harm, seconded by Alderman Bearss that the ae~i~i Police C~issio~ be ~tacted to dete~ ff t~ b~t initially p~c~sed by the City o~ N~ra Palls ~or ue ~ the Welland River, c~ld be retur~d to auble the City to c~ply with t~ r~a~iou o~ the Cot·tee J~y reardinS dz~s in the Welland giver. ~OD R~D DETO~ ~ GaZeRED on the motion of Alderman Mann,' seconded by Alderman Wilson that the City Manager contact the Department of Transportation and C~nicatione to determine if recent recommendations rode by a Coroner*8 Jury have been implemented st the McLend Road crossing of the Queen Elizabeth Hiah~ay, The City Engineer advised that following a metinS at the site with representatives o'~ the Departmat of Transportation and Coma·citations and Regional Police, several changes had been made including changes to the 8uide railinas and rnlecation of the signs and lighting at the barricaded sleetion, ~e D.T.C., he said, is responsible for the construction of the-roadway which does mat design standards. - ' ,CGH4EWrS (~ ALi~BNAN RUNT Alderman Hunt drew CotaeRies attention to several press aZ~ic!es relating to municipal 5overact, He suggested resent announcements by .the Minister of Municipal Affairs regarding decreased road subsidies Mould necessitate a reduction in road aspendiS·rag by both the Region and area mmaloip·lities, ~ho Alderman also referred to wide-spread lay-offs in industry vhio. h require that municipalities hold the line as far as tax increases are noncerued. Alder·an BUnt alas expressed coo·eve reSetdin8 an artisle appearing in the Globe ..and )Jil relative to the difficuttiss encountered by dovetopers stiespainS to establish shopping plans in the municipality, 8ro~p of seamob · owners Alderman Hunt aiso paid tribttta to · il who rnceatly provided an outing for retarded children of the arM, Aideran ~uttiek euquired if sW of the erilinsl requiremats RamMed 8S part Of the approval of the Csnusi mpplieation had bee· deleted, It ass indiested dmt 'adsiuisttative staffwould provide ths,ildsmn with the requested islet·sties, RgS OLUTION 1to. II - HUNT - HAKTIN - P~SOLVED thaC a assage of sympathy be forwarded to the family of the late Hrs. 14. Lukus, Mother-in-law of Alderran C. Somerville; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-I~WS No. 72-22 - A By-law to provide for an interim levy of taxes. ORIIRED on the motion of Alderman Bastes, seconded by Alderman Schisler that Alderman lOrtin be granted the privilege of introducing the By-la~ and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman l~srCin, seconded by Alderman Hunt that Rule 36(2) of the SUndins Rules of Council be rompstartly suspended and the By-lay ha given the second reading. Carried Unanimousl7 Third Reading - Alderran Wilson and Alderman Chess·e·. Carried Unanimously No. 72-23 - A By-lay to provide for the collection of interim caxns for the ORDERED on the motion of AldermanHcKinley, seconded by Alderman Chatsman that Aldermc Hunt be grunted the privilege of introducing the By-lay and the By-law be given the first reading, Carried Unanimousl~ GRIlleD on the motion of Alderman Hunt, seconded by AldermanMartin that Rule 36(2) of the Standing Rules o~ Council be'temporarily snapended and the By-law be given the second reading, Carried Unanimonsl~ Third Reading - Alderman Wilson and Alderman Bastes. Carried Unanimously No. 72-24 - A By-law to amend By-lee No. 3790, being a by-law for the regulation ~c. (Orchard Ave. and Hey Ave.) OREgRED on the motion of Alderman Martin, seconded by Aldermen McKinley thee Alderman Dearas be granted the privilege of intrnducins the By-law and the By-law be given the first reading. Carried Uosnimous._lZ ORDaRED on the motion of Alderman Bearss, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be teaporarilysuspended and elm By-law be Siren the second reading. Carried Unsuimonsly Third Reading - Aldenman theeamen and Alderman Wilson. Carried Unsnimonsly ~ov 72-25 - A By-taw to gutburies the execution of an agreement with Dibeo Underlround Limited and Bandiota & Associates Toronto Limited for the construction of s stom severmsin on teLeod Road. OIIRBD on the motion of Alderman Rearss, seconded by Aidarm· Hunt, that AldsrmsuMaun be arm·ted tha privilege of tatted·tins the By-law and the By-law be aryan the first reading. Carried Usanine·any ORD~RBD on the motion of AIde·an Mann, seconded by Aideran Bunt that Rule 36(2) of the Standing hies of Council be tesporerily lumpended and the By-law be liven the IscoM rundinS. The motion Carried with Alda~-~a ~uttiek voting contrary and all others in fayour. I AId 8 hisl 1~ motion C~rried with eeeeeee 6e :1 He. 72-26 - A By-lay to amend By-law No. 72-5 providing for appointments to -,erraSh Boards, C~isalons and Con'nitCeea- (Niagara District Airport Commission) ORDKI~D on the motion of Alderman Chessman, seconded by Alderman Hartin chat Alderman Schisler be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously G~DEI~ED on the motion of Alderman gchisler, seconded by Alderman Mann thaC Rule 36(2) of the Standing Rules of Council be temporarily snapended and the By-law be given the second reading. Carried Unanimously Third Readin~ - Alderman Wilson and Alderman BeareR. Carried UnanimooslY No. 72°27 - A By-law to provide m~nies for general purposes. OR~RED on the motion of Alderman BeareR, Re,ended by Alderman Chessran that: Alderman Runt be granted the privilege of inCrnducing the By-law and the By-law be given the first reading. Carried Unanimonaly OarsRED on the motion of Alderman !ltmC, seconded by Alderman Mann thaC Rule 36(2) of the Standing Rules of Council be C-m~..orarilY suspended and the By-law be given .the second rending, Carried Unanimously Third Reedinn - Aldemn Wilson and Alderman Hunt. Carried Unanimously ADJ~URHI~Irr The meetin~ adjourned en the motion of Alderman Cheesnmn, seconded by Aldermen lilaC. SBVSWlll tEBTI!IG Committee Roams #2 & 3, February IA, 1972, Cnuncil met in Cmmittee of the ~boln at 6:30 p.-. en Nonday, February 14, 1972. All Members of Council yore proeat vith the exceptice of Aldermen Milsme HiS Worship Mayor F. J. Hillmr pr,sided as Chmirmn. Followin8 seasideration of the itsas proseated, it vim CI~ em the malice of Aldermn Martin, seconded by Alderman Noon that the CosmiCtee of the ehole arid- and not report, REGULAR ITING Camell Chambers, February 1~-, 1972. Ct-_,n~_ll set on Boaday, February 14, 1972, at 7:45 p.m, for the purpose of considering Seastel business. His Worship Mayor Y. J. Hailer presided ea thairan. All HemboO of Camnil yore present. Alderman Mann offered the Opening ~rmyer. ADOFfIOW 0~ ~ The minutes of the rnnular meeting held nn fleaday, February 7, 1972, were adopted as printed ms the motion of Alderman )arcin, seconded by Alderman Themes., bporC #27 - Planulna AdmimisCretor - Rez A14-46/71 Mardress Investmats Lid, . end HieSare Square Corporatinn, hrto of trip,Lots 178,179,186 and 187. An applieslien to mud the aceinn byelaw to p,rmit the davelqamnt of n reSimml mhoppin~ centre caBether with industrial sad ,amaerginl proinure. Report ~7 e City Maum r - Ref, rring to m report of the ~lannins Administrator appearinS nn the aSe~s~es~i,h re,mmMnds approval of the lliaprm Square mpplita- tinn for reaeaiu6 and Offi, inl 91an amendment i referrim& mien to infersration resolved free C4nuai Holdiu~el motin8 that the rosssin8 appltcatim~ of Csusdi& has been presented mud s bearin8 her bnen scheduled for February 23,1972; reemmseadin8 au Xn-Cmmaittae Connull matinS with staff prio~ to further discusslee or a dmnlalon betaS sods, ~lBIt!3D oa the motins of Aldensan Hunts seemed by Aldersran Ibnn that Hr, David Greenlima be granted pmemismioe to address Connell, Mr,Greauspan, folioStar for HisSara Square CorporatiM, sated that in ee,ordauee Math the request of the ~laoninn and Rowelsprout Cosmitten and the City CornmiX, his elieel Imd admitted aideMe in reapeel to endatlaS atedies; lemur emmatents, proof dec the eppileent aMtrois sit the subject lends and on oral presanUt~o~ by a repressStave of Dais & ReiCh, Trsffie Cowultaata, Ou the hesse time the applieaat had satisbato~ily fatfilled all the xeWiremuu iresad, dm ~ismleS and Developmat CrossSties reamgoaded tlmt Cornrail approve tba e~plieatiom in principle. Nr. greekspan stressed the MrSeasy in FloesedanS with the al~liemtion motira8 that this wee the lest dry far · of b~ Camdis, Alderman Jegimisy WeStlewd this · esteem is ~ Coma.33 (Cent'd) ORDglKD on the motion of Alderman Maon, seconded by Aldenan Hunt that the mt~tement and fitted the City Solicitors H. R. ~ounle to earnmoat. teasanitation be received and filed. It vat indicated that the Transte Caredsatan has been asked to inventSgate the possibility of providln~ bus Nr. Teem e~pleined that the normal appeal leegod is eizty days ae~tce to ~ Chtppaua a~. ~ t~ ~te of ~d~nt aM t~Y, ~ l~th, ~ld ~ ~au ~ ~7 f~ f~lt~ 8~h ~. ~w, C~re ate o~ pr~i~ ~er t ~ee: Alde~n C~e~n rec~md to e~ Cou~il C~ers. day ~t~ vi~b t~ lmu of t~ c~t ~ J~ of c~t c~t; uo~ 8~ti~ k. 3~ - ~gtoMZ ~ntct0altcy of N~ra - Re: ~m~ Regtou~ ~a~ra ~rrbd eitb t~ follyinS vote:re~ ~K~ Sch~l~e ~mn ~a~, ~:AZd~ Bearso, 8m * ' ' to u~tbe, tot ~emnc offku. . - ~ on ~he mo~t~ of Aldb~n ~t e88 - pla~t~ Ab~istrat~ - k: ~rdress ~es~nts Rd, a~ 2 t~ c~lu~t~ be receiv~ and filed ~d the resolution be not endssad. Mi~ta Sq~ra ~tporati~. ~ t~t st 8 metiQ ~Id ~b~ 9, IZ7 , ~: ~. ~ - hilny Aos~ti~ of buda- b: byli2~ hvi~ T~ in 1~72 and t~ a,li~ut s~tted inf~ti~ ~ ros~et to mr~tlQ, ~rship, Spr!~ ~ SmrE~-- schedules of ~md~n temn~, seefie or trsff~; Uem~i~ t~t C~il appr~o the a,lieat ~, ~D m t~ ~tion of Alde~n ~Kinley, sec~ed by Alde~n t~ir vi~ ~ zu~ct to t~ ~i~t~t b PP ~ T~ will b~ effective at 12:01 a.m. S~ay, April 30Oh until 12:01 a.m. ~ amn~ges of the ~pra S~re : S-~iy, ~c~er 291h,1972, in the City of N~pra Fells. denbd by tb ~Urio Nuid~ I crd~lu a~ ~ Cityes cSmnt to ~i .... priest ~l~iq tb i~ t ~ ~. 37 - TM Of Nh~ra-m-C~eb~ ~ · W~. sh~iq centtee ~i~U~tq tagant st~l ~i~ i s alr~ O.H.B. f~ an ~d~ ~pr~S t~ co~tr~tion of ~aluSe Wo~s. bean ~ by Co~il. ~, yMQ uuti~ t~t 8ppr~al of ~ ~ ~D ~ the ~tion o~ Aldemn brss, seemdad by Alde~n ~p~le of sWp~t~ elf ~ s~h shWp~ antroe aM , i c~i~cios be received a~ filed a~ t~ Ci~ reS~ter no objection S~re, ~ pr~ipl6 ~ by a~ ot~r we, wuid crate cm~im ~ ~rther , to t~ prW~ ~pital %e~l pz~lm ~r e~ ~icipalt~. b sqptd t~t tb appliestin of bat ~ldi~ shard ~ diepMd of befm eSterstim b Stun to W ot~r a,l~att~. ~ appl~ti~ of ~rele lmsm~s ~d, aM i~n 8~n C~p, be appr~, bui~nn ~t for lots I Co O in the e~ect subdivisi~; advisi~ t~C ~Ch t~ follwi~ ~N: ~ ~ intent of Ch ~ i san a~s,~~ b w~, ~t, ~ttick, SchOlar, ~nn0 to be areated ~or April s~ by th dml~ers. ~ ~ ~D n h ~ti~ of Aldemu ~m~s s~ed by Aideran ~eesmn cht s~ ~, gin, ~ale s~ ~mm, t~ rep~t be recsiv~ aM ad~ted. See Sy-le~ No. 72-3~ No. 92 - City 14sue er -Rez Liedew Corp. - plan of Subdivision on the vest side fernor N.S.& T. ri~teofemy (~e~y Gardens- Bite.03). kc~ · tbt t~ te~ of ~ 91aMMtt a~ ttat~ fiin * ~ial t' 4 ~ t~ primed plan vh ~lph~ Sateat and tb ~pr~al of t~ rec~i~ t~t Stylay Ave, ~ nw a bgiml rMd aM bli~l offio~l ~ve aired t~t t~ eo~Mt ~r~td~e ~!d ~ for t~ Ci~ to e~y the 18~ to the ~t~ tb ~l~ of itde~ ~, ee~o~ed by &Zde~n U~t ~t t~ bSi~; fma~ tht tb9 ~Msdun be foll~ s~ s briar Co auch~ s ' ~ ~ ~' ' ~'~ ~~ tb np--t k z~et, d ~ adeld. 800 By-lay ~.72~ .~ ,.,.,,. 3. Be. 9~ - CitY Manager - Raf hbooi Crossing Guard - l~rCaSe load a,: Vim Itecommsdin8 that the City hemSOr be autborised to establish · school crossing guard on Fortap load a,: ViM 8treat ms mesa ms possible to be eWieyed unly until the end of this ashes1 par. Ot~wD on *:he notion of Aideran Bunt. Hsonded by Aideran ~u,:tick the report be received and adoptsd. No. 95 - Ci,:y saunter - b*- berlsn~y ladle Sys,:on. hecmmediuS ,:her ,rubsion he 8ran,red for ,:he City ,:o sake application to the bperrsen,: of TrtmporCo,:ion and CosmaJestieS for the establishment of un Emrpncy hedge Syotm; further, upon approul of such application, the City purchase three radio base station nears a,: ,:he quoted pries of $1.0~0. per unl,: 'plus Provincial sales ,:ax u sulmiCCed by Canadian Mareoaf Company. b unite Will be lose,red at City hell, the rise IMperrant and the ~miciesZ Setvise tenure. ~RBERID on the notion of Aidsran Cbeemma, sscoodmd by Aldemu Wibun the repoK be rebeLwed sad sdop,:ed. Bee bsolu,:inn He. J3 leo. 96 - City Manstar - Re: Mayam 8Cram,: 8rompers. branding the*: the three creepers be returned to the Si~rd Plsn in Toyunto for rmcoudicioD~-ea, l~bJegt go ate approval of ~_be lqullmeut Superintendent Qd~n the nothings ' have ban disrustled. Ot/~BD un the notion of Aidetan Thouson. usooeded by Alderram Mar,ran *:hat the report be received and adopted. 1we, 97 - citY Maua6e~ - b: Mauiclpsl Float. beammedia8 the*: the unistiq float mm~tif be revamped for 1972 end ,:ha,: tke flea,: plrticilm,:e in varies parades ms requests are rmeeivnd. At thm I~Sestiun of Aldermen Beaus the flat dmslen will be displayed ,:o Cou~il ugh year. Ot~D on ,:he notion of Aideran Htnu, seconded by Aidsrim Bearss that the report be received and adopted. Amusl Confersare, 0utario Association of Fire Chiefs, !!lssissauSO, OItsr o. abstaining. re. 99 - Lot,:erY Licensing Officer - Advising that the ~tb~ End Area Cosmirror in 8t.Ca,:hsrims has nquested pemission to sell tickets in HieSOre Falls for a proposed raffle lotceryl advising that ,:he DirsDtor of Recreation is no,: in fayoar of the request bensues of the mm~ lo~ml orpuise- lion she are a,:tmmptiu8 to riles f~ld~ f~r~ lml projects3 ro~msmndin~ that the ei~liemtion be denied, BD un the motion of Aldermum Bun*:, mscondsd by Alderran Martin the*: repay,: he ro~eivnd and adopted end ,:ha application denied. ~bs notion ~srried with Alderman Gallsray voting contrsry end nil others in LL: a brief. '0S~B un the rotinn of Aideran Bunt, seconded by Aideran Mmm the*: ,:he rWor,: of tM CL~7 Clerk he resolved mS edWtsd and tieease issued. Aidemama imm·tsS, m~o·ded by-A~,deflm~ Wib~Q that the tWott-b~e rMeiwsd mdopted. ' · ~ BUBZ~4ESS It yes suUested by Alderman )iann ,:hat the Niagara Parks Camisaiah, possibly in con~nnc,:ion with the City, arrange ,:o clean the ice surface st Duffaria Islands ,:o provide a large viatar rocrostioal ares. The Alderran also sueSrested that ,:he cheu&e house remain open sad staffed for the veulen~e of the skaters. Aideman Thmson, Countlies appointee to the will bring the mm,:ter ,:o *:he attention of the Comaisaiah. Rf~l~fflL HIAGA~ )I~ICI~AL ST&TISTICS - 1970 Alderran Mane referred to ,:he minutes of a recent Regional Council meeting ~d~ich provided 1970 s,:atistioal iuform,:ion. The Alderman expressed his concern ,:hat the City of St.Cstharions, with a larger popula,:ion ,:hen leieBsre Yells, has lugs employees and 8 lo~mr tax arrears per upita rate. 197~ Nie~ra ~alls St.CaCtmriues Pupaim,rise 66,200 105,512 Pull Tim Employees SIO 535 TatArrears $3,006,203. $2,667.937. ~erCepita Re,re $ ~7. $ The Ci,:y Treasurer, G.Fsrrell, euplelad *:hat the informlion yam also available in the aonual audi,:ores report. lb advised the*: tax arrears in 1971 veto mu~h imprornd end suggested that Cuenell should perImps be pro- vided withe ~ull end samplers report in respect to tax arrests. Tim City Manmger ells cmnted on the tax arrears figures pointing out the,: while *:he coal in 1970 ~s opproximtely three maligns dollars, the ,:oral in 1971 is $1,800,000. Council recently approved au interim tax levy and it is expec,:ed that by the end of the current year the tax arrears will be abOu,: norml. In respect to CiL7 employees, ~4r. Price said that el,:hon~h the report iudica,:us St.C~therias has less employees it is his unders,:andin& *:ha*: S,:.Catherias contracts out some &srbeae collec,:ion, se~r repairs, saw nectrol and viatar street cleaning. 8T.PATRICK'S CHURCH ~dhen Victoria Avenue ems videned it ~ms necessary ,:o remove and rapImps the stone vmll in hHt of 8C.~8trickts Ch~ch. Aldemn ~Kinley ~ressed the ~ini~ t~t the nw flagsCaM vail tabs any ~m the aest~tic b~uty of the Church. b suHested proJeu are ~ertaken, City off~bls sh~ld affeted propertie. ~e City gqimer e~lalued with Church rupresentstives nara t~s and t~ design Md mC with ~ir apprNl. A f~t~r suBBastion by Aidean ~inley t~t the St,~atriek*s bch ~11 be l~d, will be ~ecipt~ by the g~ineeri~ b~r~t. Aldemn ~nley ~ted t~t a traffic mi~ in ~t of St.Patrick~s Ch~eh rud '~o hrkiq It may ~" but, mec~diq to m City bpl~, perki~ in eh er~ a ~y prohibi,:ed bemen 8:30 a,u, e~ ~:~ p.u, Aideran ~ginley cit~ an ~U~e ~rm m lml mu ~rk~ in free of the Ch~ch at S:30 8~ ms f~ 010.~. In vbv of th dboro~My in th ~rdiq of t~ sign, the AlUM 8shd if t~ ~ e~ld be re~ed. ~e mZtsr m febned to ~o3ects SnSimer, A. R&Zlf~Y CR0SSItJG - CKOB~H'I I~1 AS) WHIRLeOOL ROAD Ci,:y staff viII elk Cmnsdien Matioaml lsilvmy officials to invms,:i- SO,:e the ali~mtion of thm railroad herrlends at the iutsreestion of ~burebes ira and QJhirlpnol loci, Alderman Nmrtiu brought the ne,:tsr to thm ntisaries of Causal satin& that the 8,to is not s]m~hronieed to Ib opprusoh ud pusale8 of trains, UNIIBD AI~AL Aidemma hitirk noted that the United &ppeel in aimSarm yells end in other area mmminipmli,:ius had us% reached *:heir obJao,:ives io thm nnmml ons~miSO, Its Aldermen oomssu,:ed un the dupliestiun of administrative staffs and sup,:ed that go~stdsratioa be Sirran to the fo~mmtiot of · .b8ieal United apparel, ~tm matter Is torerod ,:o the City Clerk, Alderrosa Hunt reminded Couucil chat the International Joint Comessims plan to hold m public samstieS at 9.30 a.m. Nmrch 2A 1972. The subject is t~emervstiou and gelmovement of t~ AmerCe Falls- sTh~ Cit7 BaSinerr confirmed that be m mrs of the hearing mud representation viii be msde on behalf of the MunicipalitY. Alderman Thomson expressed his concern rsSsrdins the delays encountered by the 14unicipalitY i~t finalicing proposals for the escsblisbssnc d progressing with additional shopP AiA~idormsu said it Mould be unfortunate Council mmuld be in Toronto on ion of i~stism os several qMsttons raised by mashers prepared requesting claret he tit sup ore? ass the tityes pestlion Grituric is used y re is no'appeal by ca,edit vim ~an the Cty exp .hop,ns .nt.J y c an O.H.B. hearing in respect t the at with Hr. bunedy, Chairmen of Cha Ontario 14unioipmi Board, or a member of the Board on Monday hh. 21st to dbeuss the matter of shopping plazas ic the City of MisSarm Fells and pnrtinularly the possibility of pronedinS with reBustuB heartaSs viihunt incurring further dslays. l~e motion carrie~...~d with ~..~:Aldelseu Galloway, Fatten, ~uCtick, C , · ~ROCBBS~5 Of N~ZOHII4G A~pLICATIOIS By-Lay No.72-2~ (Coni'd) ORDEI~D on the motion o~ Alderman Bearss, seconded by Alderm~u Cheeseran thaC ~lderman Hunt be granted the privilege of introducing the By-lay end the By-ln~ be Civen the first ree~iuS. Carried Unanimously ORDERED on the motion of Alderman Bunt, seconded by Alderman Harm ChaC Rule 35(2) of the Standing Rules of Council be temporarily suspended and the By-law be ~ivan the second reading. Carried Unanimously Third Readin~ - Alderman Thomson and Alderman ~ilson. Carried Unanimously Ms. 72-29 - A By-law to seaend By-lay No. 2350, 1959, of the former Tm.mshiP of ~ now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Bearss, seconded by Aldencan Hattie that Alderman Somerville be Sranted the privilege of introducing the By-lay and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standin6 Rules of Council be temporarily suspended and the By-im.x be Divan the second rodinC. Carried Unanimously Third Reading - Alde~mant4aonaud Alderman Uilson. Carried Unanimousl~ ~e. 72-30 - A By-lay to authorize the conveyanc~ of laud to The Regional ~ity of Mia~ara. CIUIRED on the motion of Alderman Schiller, seconded by Alderman Runt that Alderman Cbeesman be Srnnted the privileSe o~ introducin; the By-law and theBy-law be given the first readin;o Carried Unanimously AldermmnTnommoncommsutedonthe delays sapsfleeced by dennispars in the processing of reeonin~ opplicacious. Its mentioned in partieular the delays resulting fron the requirsmmntc that oppileaots for re~oningmosC ORllm~D on the motion of Aldermn Cheesmn, seconded by Alderman cueplate a lice plan as part of the approval. The Alderman concurred with Thomson Chat Rule 36(2) of the Standin~ Rules of Council be temporarily Ins- developers that such delays resulted insetions esononie~l less esweil as pemted and the By-law be given the saccud reading. Carried Unanimously 2eonrol disooutaSemeut by those perlem ~lahinS to proneed with developmull. AidemnThomeonsuSSested chat the ttunicipalitY ihonld re-eaemion the present pronedure aud attempt to esuhtinh a m~e expedittmm mothnd of processing .~ird Reading - Alderman Viison and Alderman SchisXe~;rried UunuimonaXy. reaching opplicattmm. b City Hamget said he shared the concern expresse by Aideran Themson and advised tbsc the procedure is presently under review .o.,..o. . , ,.td. for con.u.ins .-,,ic., .unicip-1 · , . y . J~8OLV~D that the Conn~tl of the City of MisSara " GaDSRED on the motion of Alderman Beerss, seconded by Aldermmn ;| .,. ,,,..-, o, c:. ,,-,. ..,.d ,,..,,,,.l.... thet Ho. D - - LSOM - J~BOLaD that the City of MisSarm hill porchsse and the By-law be given the second reading. the.... ota ,.,-. nc the ,,.cud pr,e. 0, .,0,.0.00 ,.r "'%P'.r ,,__inon. I,, froviuclal sexes ux, as submitted by Canadian about Caqmq,; Am the esThird Reading - Aideran man and Alderman Ntison. ' Of dm Cot~orstia be hereto sillsad.Carted VmmtmouslY Carried UoanimouslZ - A By-law to authorize the execution of an amending' a~reement rrolmrties lMotporeCnd. (BeaDtered ~lsn R.8.-12) 'By-lay t;o.72-32 (Cent'd) ORIISID on fie motion of Aid.ten mrciu, seconded by Aldermen McKinley ~ Alde~n B~rss be gr~ed ~he prtvtleSe of ~l~ fie Bye Lae a~ fie ~-~ be Stv~ fie first read~. ~r~ed U~n~XY ~D on ~e ~Cion of A~de~n RUetea. a~o~ed by AXde~n Hunt c~ Rule 36(2) of the Sta~ Rules o~ Cecil be ~orartZy ,,pe~ed a~ t~ By-hM be ~iveu ~he seco~ read~. ~rried Uun~lY Taird ReedinK - &ldemsn Wilson and Alderman Puttick. Carried Unanimously 14o. 72-33 - A By-Law Co provide monies for EeriereX purposes, (~BERKD on Chin mot/on of Alderman McKinley, seconded by Alderman Somerville fist Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously CRDSI~D on fie meeton of Alderman Hunt, seconded by Alderman ClaMsman that Rule 36(2) of the Scendin~ Rules of Connail be temporarily snap,sled and the By*Law be given the second reading. eartied UnanimoostY Third Reading - Alderman MiXson and Alderman mrCtn. Carried Unanimously rmmeED on the motion of Alderman Hunt, seconded by Alderman 14artin that the meecin~ adjourn Co CmmuXctee of tim ~4hole. February 14, 1972. Cmnittee Ro~m #X Council met in Committee of fie Whelm following fie reSoler mettuB haXd on February 14, 197L All Hembern of Co~Mil ware pi:esent. His Mot, hip Hayor F. J. 14iXXer presided ms Chainran. rotlow~u8 consideration of the Liens pruenced, it van moved on the morrow of Alderran httiek, seconded by Alderran mrtin: c, het, the Committee of the 14hole aries and report. READ A~ AD0t~ED, e 9 4m C0~ClI, !~ETIHG Council CYm~ers, February 14, 1972, Council reconvenad in open session folio, leg fie Committee of the WhOle matinS held February X4, 1972. All Mcmbmrs of CeunciX were present. His Worship Slayer F. J. tilllet presided as Chairman. NIAGARA T!~4Srr CGtt4ISSIG~ (10gRED on fie motion of Aideran kttick, seconded by Alde~n ~rtin c~t t~ Cecil of C~ Corp~ati~ of ~ City of Nim~ra Falls inic~te a f~l applealien to t~ ~r~t of ~aMportaCion a~ C~icati~ to ~er~h a couul~nts *~ermti~l stay of crm~lt facilities in the H~i~Xi~. ~D on fie moci~ of Aideran ~uctick, necked by Alde~n ~rtin t~C t~ CosiX of fie City of Nb~rm Falls mppr~e C~ escmbXb~nc of a b~ st~ ~ the south side of Clifton Hill beaen pails Ave. and River R~d a~ muChcriBs the rm~ml of t~ mxDCi~ ~rki~ stem fra the area. The meeting adJonrned. fD, D AI~ ADOP'~D, Council met ca Monda~ February ~8~ 197~ a~ ?|30 ~m, f~r the ~o~ ~ ~ ~ ~er. ~., ~ ~ I~ESIDIE OFFICER Resolution 1~ - Ht~T - - ~ESCLVED that Aideman Scbisler be appointed as PresXdin~ 0rri~r~~a~nce of ale Worship Ma~or X. ~. Millers AND the Seal or the Corporatic~ be here o affixe · Carried Unanimously AEOI~CG OF MINUTES I~ was Ordered ca the motion or Aldercan Mann, seconded by Alderman Wilson tha~ the minutes o~ the Meetin6 of Ccuneil held on February 1~# 197~ be adol~ed as ~rinted, ~Presid~ Officer extended a welcome to the ~Oth Niagara Cub Pack of St.Paul s United Church~ and their leaders# who were in attendance at the metix~ as observers, Greater Niagara Transit C~maission - Presenta~ion of annual Statement of lffeJ~s, Mr, O, H, Hc~ers, Chairman ~r the Transit Cosnissic~# was granted permission to address Couneil m the motion or Aides a~, seconded by Aldemsn Martin, In reviewi~ the Statement of the Csisstc2s s ol~ratl(ms rot the ~ear ending December ~1~ 1~ ~e pointed ~ut speoificall~ that the operatix~ deficit had re- mined at the 19~0 lawel d~e main~ to a successful shuttle operatic~ inaugurated the previous smr~ and that a $10,000 decrease in capital provisica had resulted in an overall decrease in the to~al dsfieit, ~e t2o~ease in l~ssen~ers carried on the si2htseein2~ shuttls an~ char~ers had offset a decrease or 73,0C0 passen- gers in municipal tx~neit, a~d that the ixxeressed revenue frcsa the sl~tseein~ olera~lc~ would assist in keeping ra~es at the current level. It ~as 0x~d ca the motlea Of Aldensan Puttick, seemfled ~ Alden~al Hunt that the A~nual 2ta~eesnt of Affairs of the Greater Nia~ Transit Ccmsissic~ be ~eceived and filed ami the N~nbers c~ ~he Ccemissioa be emnde~ for their efforts ca behalf ~f the mmioil~litF, Stz~et betroom St. Clatr Avenue and Cryslot Avenue. Descr~ptic8: Ten storey buildfi~ vi~h Wo elevators, fo~xteen Z~rkin~ 8I~ces, Units vtth b~locnies an~ patioS. Costs $g~,~8~ total cost. ~,~,~ ~er ~nit. I~_~ZOI~5 BY-LAWS - ~E~ULATINO & ~ESTRIOTII~ T~E IF~A~t~I~0N OF TE~S. 33~-~-TA with amendments,being a lay to ana regulate the deatruc- l~oll~An~ diseussic~ on the matter it was Moved bF Alderman Martin, seccx~ed by Aideman ~u thet C~neil approve a resolution in respect to the approval, in prlnci~le, of t~e ~roposal of the ~xtario l~Asin~ Corporation to co~truct seventy-Wo me bedroom end ~e tvo,bedrcGn senior citizen housi~8 units, ~e m~ticn Carried with Alderman l~tick v~ln~ cc~rary and all ~hen in favo~r. SEE Resolutic~ No. 15 Re~ort 10 - Cit Manager - P~oposed ~.lsw ras~ectin~ MotcrAzed Snc~ Vehicles. Corn. 9 - Stee Committee on Sno~obil , . 8ut~ittin~ ccn~entS regarding 5tee~ Ccmnittees and presentatio~ Of proposed map to ~e attached to T~yelav. OIlSEED on the motion Of Alderman E~nt# seconded by Aldexman puttick that Repo 103 Of the City Manager be received and reccmnendatio~e contained therein he a~opted. ~bis motion was Carried with the follo~ voter ~,aZeA Aldermen M~Kinley, Wilson. FC~ C~mn. ~1 (1971) - Tc~n of Lincolu - Adv~t~ e~b~s~ ~ f~ b~ties. Repo~ ~ - City ~r - ~G~ ~t t~ City n~ ~or~ the t~ ~ C~, ~ ' ~ i~ ~lct~Bty of Nia~- Ad~s~ that the Re6l~l ti~ ~s ~ei~d n~ to ~a~it~e a ~e~ F~ B~tY ~o~. 0~ ~ the ~1~ of Al~mn ~e~; ~d ~ Ai~ Wils~ that the c~ti~ f~ t~ b~i~l ~ci~i~y of Ni~ be mcei~ ~d filed. tic~ c~ trees by cutting, burn~ or other means. l~eport 105 - City Mana~r - Advising that the ~e~ional B~-law has ~een reviewed by s~aff and suggesting that it he received am~ filed, ORE2~ED on the motion of Alderman Martin, seconded by Alderman Hunt that the Mapoft Of the City Mana6er be received and reccmnendation conta~ued therein he adopted. CC~e~mlCATXC~S HO. ~ - ~o~ial Planning Council -Direotory Of Ccemmity Services for Older People. ~ o~ ~ha motion of Alderman Hunt, seconded by Aldeman Max~in that the ccmnunicatton and Directory be received, filed; and the commenderich of the City C~ncil be extended to the 5~cial Plannin~ Council, the Kiwanis Club, students of Nla~ra College of Applied Axts and Technolo~ and meters of the Greater Hiagam Senior Citizens Association for their ~oint efforts in the compilation and l?repax~tion Of the DArec~ory. No. ~3 - The 0nattic Federation of Hc~e · ~chool Associations - Advisl~ of Annual 14acting and Convention to be held in Nia~ ~alls ~urin~ the week or April ~ to ~, and in~tring as to the l~8sibility of the City of Nia~ra Falls hosting a raceprim for the delegates. ORE2E~ on the motion of Alderman Hunt, ceco~ded by AIdeman ~earss that the m-nication he received and the e~e~tfic ra~uest for the City to ho~ a .re~eption f~r ~Ae ~elegatee be filed. This motiun was Carried with Alderman Puttick contrax7 and all c~ber members in faycure mission of copies for the information of City Council. OP~D on the merlin of Aideman ~lun~; seconded bF Alderman Mann that ~he con- mUnicatlon be received and filed, members {n fayour, ~2; R.P. ~, south side of Lu~'s lane, recc~- Education, I~t ~0, mendin~ t~t C~e~ a~m ~ ~ a~liatim for m-zon~ to ~t ~ ~ a m~ ~ ~r ~ ~s, ~bJe~ to a si~ ~ ~d site ~ CC~Y ~ C~0LXC Z~ ZL S - A2SES~2T ROX~5 a~li~ti~ to emb~ area usibnts to ~ ~tters ~d to a~ t~ SS l C~. 17 - ~ ~t ~ ~o ' ~ ~ - M~st~ ; s ~i~i~ ~ ~ds ~ o~siti~ ~o ~ prod ~ti~. ~. Of the ~wlm~ ~ ~O ~M ~ ~ ~ ~ ~"&* " ' flus ~ ~t~ ~ ~ p~e& .~m~ O~tim. ~. ~i s~sted ~ p~ ~ ~ m R~, ~ t~ a~ll~i~ ~te~ t~t the ~o~ ~ a m~ ~ the Cit~ ~ .~.~s ~m~d ~ ~ ~ - 4 - . Alderm~ Mane resumed t6 the MeeSAn6 o. _: - '~ ~ AI~ ~tt~, ~c~d ~ ~ H~ ~t the ~t~F ~ mfem~ of C~c~ ~ audited to stand ~e Air ~u$ ~ C~t~l Associati~ Con- to ~e CitX ~r a~~lm ~s ~rea~d ~th ~ fo~ v~: O~ m t~ m~i~ or Ai~ ~Y, sec~d~~ ~n ~ that ~ ~ ~Z~ ~~~ ~, ~ ~tn, ~Y, ~~ ~ C~e~. ~ls m~t~ ~s C~ed ~th the foll~S v~e~ t~ ~fl~r ~'~"~ ~ ~ a~, ~ ~ ~pB~ti~ for - t who ~ve s~ or ~ years of acei~-~e ~iv~g at ~be *~ ~* .~ . ~ ~e~ ~. ~et to ~e . ~ld ~ ~.~r~s ~ ~ch 2~, 1~2. ~S ~n ~s/~ ~ti~ W~' ' , ~ on the m~l~ of ~n ~sS~ ~ ~y ~n ~y t~t the No. ~ - City ~r - ~mct~ ~sis for Ei~ ~ ~ A~S~ - mferr~ to ~c~ti~s Oonta~d ~ the ~ of the ~ ~ ~ ~s ~d. C~s~t~ts, W. P. ~don & Aas~ia~s, for ~ wo~ to the two a~s to t~t t~ a~ti~ ~ tab~ for a ~ ~t~ ~ ~ ~ or ~t~ for the ne~sa~ ~ ~st~ work for the Nt~ ~ Am~, ~d ~er s~ ~ as t~ ~r ~s m~ived ~ti~ i~omti~ m~ ~ the a~c~t. ~ ~n ~ ~d b~ ~ ~ ~t t~ ~c~ t~t the ~po~ ~ st~ ~sls ~ ~femd to t~ 8~ord ~t~d ~ ~c~tl~ ~d. O~ ~ the ~i~ ~ AI~ ~tl~, ec~d ~ ~ ~ t~t the Rep~ ~ m~l~d ~d mc~n~tions a~ed. ~is ~im was C_~e~ with No. 108 - ~ a ~l~nt e~~ttee ' ~' ~ Wl~ ~s ~., the fo~ ~: ~ ~ ~ S~W ~es. gv~ ~ ~ a~lieati~ is to be ~ic ~ C~ to ta~d ~ ~r ~ 15th. M~t bX ~ ~ ~t ~e attend ~ ~~c C~ emn~ O~ ~ t~ 2ion of ~ ~a ~r fr~ ~ ~th to Ap~ ~. O~ m t~ m~i~ of Al~m~ ~ second by ~ H~t ~t the 1 nt C~ittee - ~1 ~ ~lo~n~ ~te~s, ~ ~ m~i~a ~d a~ed. o ~ ~ ~ ~ ~i a~ed ~ ~ ~ Hi~ ~met~ ~ oc~d by the ~.~ ~ Ase~ti~.' , ~.; ~ ~ ~i~ ~ ~e~n~ ~ * ~ ~ t~ ~i~ of Ai~ ~ ~d ~ ~ ~e~ that , ~ ~ retired f~ the ~et~ - : C~a ~th ~ ~ls~ v~ c~tm~ ~ IMpor~ be z~ec~ive~ ~ tiled ~ licences be no~ 6rante · No. 12~ - Ctt~ Clerk - ~ecc~mending approval of Municil~l t~ ~o~ ~ m~i~s a~eds ~d B~n~s ~ted. Kousin~ Ccz~rattonw and was ~resente~ to Niagara Falls Mmmtcll~l Council Ca February 28, 1~/2, ~2 IT I~SOLVED that the CorpOrattca~ o~ the City cf Niagara Falls a~rees to the construeaim of the 73 units c~ Huron Street in accordance with the sala prol~ so Nresented; AND the Seal of the Corporaticel he hereto affixed. Carried No. 16 - RAISIN - X - RESOLVED that the Council or the City c~ NIagara as ~n~ ~ a~ bF t~ ~is~r of ~oi~ ~atrs; ~ ~ ~ of the C~mti~ ~ hemto for se~ ~e~sl ~ ~ i ~ $~ ~1~ ~ ~o ~d. Ca~ed Carried Unantmmml~ Carried UnanimousIX l~o. 20 - . . ~SOLVED thet the Coonoil or the citx ~f Nie~ara l~ovisicas or ~le Publie ~nel~r~ttm to4 Kt2h~¥ ~s~rovme_nt Act on exl~ndi- tam rode d~ the ~ear I~TA m a tvt41 expenditure or $1,g(~mO~r.09l' Arid the Seal or the Corporatim he hereto Sffllli, ' ' Carried t~animcusIX the Council or the Cit~y or ~ m~ ~ ~s4, ~ City .... ..... It was Ordere~ on the motion of Alderman Puttick, seconded by Alderman Mann that the meetin~ adjourn to Ccemittee of the ~hole. February 28, 1972. Carsnittee Bees ~1 Council met in Coumittee of the Whole at lltOO 1o,m. during the Regular meeting, All ]~qnbers of Council were present with the exception of His Worship Na~or l~tller and Alderman Thomson, presidi~ Officer Sc~isler acted as Chairman. Follc~in~ consideration of the item presented, the Committee of t~e Whole arose, without reporting. l>resld/~g Of/'~cer COUNClZ ~ COonOil Chambers, February 28, l~r2o Council resCave~ed in olen session foilruling the Cce~ittee or the Whole meeting, for the pur~se of completi~ the balance or the Council Agenda. All 14embers of Council were present ~ith th~ exception or His Worship Nayor Miller an~ Aldexman ~nmso~, Aldex~a~ H, Schisler was the Prestdl~ Officer. ~EW .B~.S Board of Educatic~ surplus pro~er~, Alderman Wtlsc~ sou2ht clarificetica or the I~llcF of t~e Bcari of E~AX- No. ~1o211. A l~-lav to authorize the lxu~Aase of two tanker tracks for X~e fi~mti~ IxmWees. ~ ~ - A BM-law to authorize an Neesent with l~aa~ele Viecusi and Elizabeth Viscusi =espec~in; parkinS that Aideman ~ant be ~xted the privlle;e of tntrodueiu~ the l~-law and the ~-la~ he Siren the firs~ ma4in~. Carried ~)~-ty, ar~Amly. t~at ~ 36 (2) of the Stun&inS m~les Of Cc~ncll be teapoteri~r suspended and No. ~2-37- A l~-law to authorAze the exeextlel of an a~xeement vith 2teeford Omn Investaents Mmt~ed respecting the VlllaSe North Tc~n Housing C~ cn the motion Of Alderman MeXinle~, eeoccried by Alderman Bearas that Alderman Martin he granted the prl~tle2s of intrc~min~ the ~-la~ and the l~-law be ~tven the first ma~in~. Cartlea Unanim~t~l~,. CE;B~ED on the satlaz of Alderman liartin, eeecnded t,y Aideman Mann tha~ iNle 36 (2) of the 8tamXinS lbles of C~moil he ~empomrily suspandea end l-law he ~Aven the seceat madinS. Carried l~o. ~-~8. A ]~y-law to end BF-la~ No. 2~30, 19~0 Of tbe T~Nnahip o~ ~temford, nez in the City Of Nle~ax~x Falls, as ended. (Village s Housin~ Develolent so~h ida of HumAns ~treet ) ~ nn the motinn of Aide:man 8ceereille seconded by AIds=san that A~deman ~eates be gra~ted the lmivile~e of introducing the Bar-lay and the l~-law be ~iven the first readinS. Carried CB~B~D m the sotice of Aldexman barss, seconded by Aldersan Maxtin · c~at XNla S6 (2) Of the etenn~ laxIs. Of Counex3. he tem~ aus~aded the ]aar-lav be ~,ven the second tea0.t~, Cerf~ed ~tz~ badtn~ - A14ensan Wllsm~ md,.A~ Cheemnan. Cax"z4-ed Unantmcax~3y. leO. ~/~-39, A !~-lmt to ~rowl~e mo~ea for ~em~al (4~2~D c~ the mottea of Aldeman ~earmm, seemdad by Aldersan ~ that Aldenan ~ be ~ the prAvileee of inttcducin; the l~r-lav and the ~'-lav be ~lven the fiFst read~J~. CaxTied ~ nn the mottea Of Alderman Htmt; seec~ed by Alderman Maz~in that ~l=d badin; - Aibmau Mann and Aldemen Cheeman, Camied thentaousl~, res U S On eez .! Cam~il Chambers# '~ F. ~- ~r ~si~d. ~ ~ ~fe~d ~e ~ni~ ~r. It ~s ~ ~ the ~i~ o~ ~ W~ M~d by ~ ~ tht ~ ~s ~ ~e met~ of C~c~ held ~ ~b~ 2~h~ 1~ be adop C(muo No. ~5 - Ccm, ittee or A ~l~,mm~ - Presentsriot of brier ~ ~e~ to ~missim to ~ss ~cil ~ t~ m~i~ of ~dem~ ~ee~, ~c~d ~ ~, ~ reaa fr~ a p~d ~ief o~!ln~ ~e C~i~tee:s ~Je~i~ tO t~ ~i~s c~t~ed ~ a P~Do~ of the ~ri~ ~s ati~ ~ to ~ ~i~md at a ~lic Eea~ on Ma~ 2~th, 1~ at ~e Cl~ ~, N~ R~, ~v Y~. ~ ~p~ cf the ~ F~-s ~, ~ e~ ~d ~m the ~au~ ~ the ~e=.i~ Fc~s, s~sted stnbi~tim ~ ~ ~s ~ the ~ ~ mat of t~ ~s, increased fl~ w~ ere. ~. ~t~m's b~f mvi~ed the a~i~t~s ~ ~e ~ted ~s ~ ~s ~ ~e~, ~ ~e~ ~t p~s had ~sen ~ t~ ~e ~~ ~ or ~ct~, of the Co~ of ~. ~ b~ef ~a~d ~at ~ ~ ~ mcmn~ti~ ~ the ~emti~ C2ssi~ a~d ~ to ~ ~ ~ ~st ~emsts ~ the ~ ~t ~ for t~ ~ ~ ~Jec~ ~ ~ ~t~r m-~d to a Jttm~i~ feat~s m~ ~ ~ze.s e~ ns ~i~r~ c~ti~d ~ the ~tm~, ~ a~tim~ e~im of t~ ~m~ d~ ~o ~ter ele~ti~ ~ ~ m~i~ ~ ~e ~ ~ t~e~ toe ~ b~ef His Worship MAyor ~iller thanked Mr. Mitehineon rot the l~esentattm e~ the brier, a~l eu~s'-b. ed that he subnit · ~ to the N:.~ Par~s Ccee~slal for t~eir emsidemtic~. ~ne Cit~ ~r ad~s~ ~. ~t~ ~t t)m :~r ~ pm~ a ~ for ~ssim to C~c~ ~ two ~' s t~ ~ ~ mt~r, ~ t~t a ~mtim ~ ~ m~ m ~h~ ~ ~ Citys ~ ~ ~1 ~ the ~een~l~ ~ ~ b~ef, ~e 1~ ~ t~ ~rt~ ~d tO ~ t~ ~r ~ ~ b~fe ~lc~en~ Insurenee leeislatico and its implamn~atica. M~. Lee Favle~ was france4 ~endssim ~o a~ress Council ca the movie of Aideman' ~hmsm~ Mm:mded I~r A34ormen Manno ~ xmmi · prelamd brief, copies of vhiah wro ~.~Hz~l to !isbe~e of CounoLt en~ Cik7 Offtrials. ~he b~ltf '21oin~,q c~i t, lm~ mMaplct~. wodllFs -,lore expzieneinS inaonvenienee and hardship v~n tpld~An8 for henefl~ ~mdor 4~t t~eKd/eam~ lnsumn~ Aate b cos. so. ~6 (cmt'd) _aa~e:. Aldermen ~un~, Mann, MeZinley, C~eeanan, ~hoasm, WLlson. lticns to be used rot Imcmo~iceal Ixxrposes, of t~o ~mioal ~cgPoslst~ Su~sittin~ a col~ of a rel~ receive~ £ron~. · that the ccmpositic~ be u~n~t of the Assoolatian directors. Hils~cn ~as o~ the opiniam the l~taa ociasidemtia~ ~ had been given to her request for coopam vision ' at which t~se her musical °nee nn a lhzffalo, ~ ~ork t,~t - lie onal MunieilnditY of Niagara - ~tan~lng 0Perat4he prooeghlres for Colre. 3 Disea~rs, ~rel~ea b~ the ]~aergenc~ Measures O~glhi~ion of the Natural will ~ ~t~d at a h~r ~ ~ ms~ o ~ sna $mls eElS, ,o sus L No. 127 - City Manager - Eeccmnending that the u~lt prices received fxun L & N Construction Ltd. for installstics of ~ater~ on various streets in the City be accepted by Coonell, end that the lc~est alternative price received fros the °cel~ny in the amount of $~,~26.00 be used, OPE ca t~e motic~ of Aldexenn Bun~, second°& by Alderman Mann that the Repox~ be received and recm,.a~=+.ion aaopted, SEE By-law NO. 72-~4 ~s~ Resolutic~ NoA,,~ lie. 128 - Plann & ~evelolnent Camittee - AM-~72, Fennell Develolnents Ltd. Pt, Lot 37, westins~s de Portage P~ad, re_~mndinS that the alrplinntion for re- zcaing to permit oonstructlnn of 28 t~oueing units for Ontario Rousing Cor- ~orat inn be Denied, Cam, ~0 - W, L. Cameron - Outlining objections to re-zoning and t~ousiag proposal. ORs~s~ ca the motinn of Alderman Mann~ seeonde~ by Alder~_n, Hunt that the Beport of the P~n-~ug & Eevel~i;-_~ut C~-,~ttee be received and rec~--m~ndation adopted and the alrplieaticu for m-zcaing be denied, ~is motion was Carried with the following vote ~ _~a~e_: Aldenran Ca°°man, Schisler, Wile°a, llo. 12~ - Plann & Eevel nt Caroltree - AM-c~/Yp, Dov Construction ttd., tics of 7~ cae-bedrom units and one two bedroan ~etakert s nnlt (Ontario Hous- ing Corporation prol~tl-)s reoonne~ that the appll~atica be tableS for We O~,x~ ca the motion of Aldexman Pottick, seconded by Alderman ~hcaenn that the lieport he reoeived and ree_~m'mndatica adopt°de Pt. T~p, ~h Stone Road at 81~nieks, recolmen~ne family dwelling, recasnenda, im that the applieatinn he appx~ved. ~ ~sol~ion ~o, 2~ ~o, 132 - City Clerk - Applies, ira of Mr, Qli~sr 8eo~$ for amndsen$ ,0 Zming By-law ~o l~ra~t opsr~ion of a ~ e~blim~ m ~Y l~a ~ ~ ~a~ ~r ~ ~' s ~ ~ ~r a~ ~ ~r~ ~ ~e~l~ ~i~4 to ~ m-z~, ~t t~ Cit~ C~eil ~ls its i~.' ~ f~d ~o ~6 ~9 ~e~ ~ for t~ and (lie rambar il .~ C~te~_o Industrial Wastes Conference to the 1~ holdback or the ten pro3ects alrea~ completed,. t t the 0~r~ on the motion of Aldex~an ~a~t~n, seconded by Alds~n Be~rss ha ~eport be received and amend~ a~nt be entered into. ~his motion ~as An areanent to the abov~ motio~ ~as moved by Aldez~an Puttick, seconded by ~-x-led ~ith ~ldex~n i~tick ~ottn~ ccn~xW and ~ other me~rs or Council ~ Aideman (~lov~r - ~hat ~ me~re or staff be pex~tted to attend the Convention. ~is mo~ion ~s Defeated with the fol~o~ vote: tn fayour. ~_: Aldemn 0eJ~, Putti~k~ ~li~ler. - . :. ~ BXolav No. q~-~l '~t~![~ _~: .' ~ldemen Dense, Chee~-., ~unt, ~--, Fartin, N~x - -y, S~erville, , - Cit ~ana~er - Purchase or land for ~ldsnin~ Willoughby Drive, advis- ~T~ V~Llcm. : 4 m i or t 01~ on the motion of Alde~m~n G~ o by Town o~ T~orold - Tna~lmnticm of regional x~ad m_~_~x~ and street ~ alEus l~ox~ be referred to the I~-1~ · ~"'th~'~lne ~ost 0~ cm ~he motion of Al~erman l~2t# 2ac de y the ~: Rec._~__~-that the e.'-.~,m~catic~ be received e~d filed ~nd a colby he Repor~ be mceive~ an~ filetle ~l't'~ a"r~,:~al: tO t~8 Be~c~ that the rca~ rome, posst~17 in ear,motion ~th ~ ~y-lav No. ~'~ the Regional the City. Cit7 of Kltehener - re~estin~ Federal authorities to implement .e~r~ency actiota to el~,li~ate delays in the l~nt o~ Unemployment Insurance benefits. .~e_c~___nd~_~__~_-_t the c~munl~ticn be receive& and filed. City o~ Woodstack - re~uestin~ Pfovinaisl legislation to aontx~l excessive noise _l~ec_c~ms__nd~_-that the ~esolution be endorsed. City of Chatham - x~uestinE the Province to p~ovide a means o~ al~al frc~ the decision of ~he I~ o~ Arbitrators. ~!~___n~_ -that t~e resolution be ~n~or~. 1 - Cit r - Stx~et T-sShtin~ in forme~ Townships ~th~ ~ e~i~ of ~o ~ ~ for t~ ~i~d ~ ~ ~r of ~e We~ ~ t~at a ~tter the e~r ~ ~a C~ ~Bo~si~~ 8earborot~b - raquewl~lz~g leSialation to authorize a tax on cable _Ree__c~__n~ - that the resolution be endorsed. City or Sax~ia - re~estix~ men~ient of ex~stin~ le~slation to px~de ~xten- Sion or assistance ~hrouEh the C~ild~en's Aid Society to 1~ and 1Y ~ea~ olde and ~tbhol~ln2 or welfare assistarise unless 18 ~ears or older. ~e_~:_ ~ni4~,- t~at the resolutim be endorsed. Cmtax~o ~ssoc. of S~Xe~annuate& W~n Teaehere - re~uestin~ Federal authorities ~o t~e~ease tax exemption ~or l~rsons 5~ and over. ~~on- that the ms0lution be x~exTed back to the ~ssociaticn for An anentsent to a motion cn the floor vas moved by Alder~en ~allce~, seconded P, esolu~im ~o, 2~ "; B by Aidsmarl Thinsea that the IMlmrt of the Cit~ ~ans~r be received and recce~- , mndatiells adored. with the excal~im or the meosmendaticms in respect to the his ~ · ~his motiota vas ~_.ied with the follwix~ vote: Aldemen Beanse Cheesans Hazeins l~ttick~ Behislsr Ne~ Businemm Ccnttd removed or telaired, Road Pm~ug ~attm Costs Aideman ~lsm ~ov~d a ~im t~t · ~ c~ t~ bN~ ~ ~ t~ ~ ~ ~ 8~tim ~ p~d, ~ m nO ~c~r to Rca~ - VaLley We~ at Victoria Avenue Aldezman McKinl~ ix~inted air ~ ~ City ~r ~ ~omtim of t~ ~ m V~ W~ at Vi~or~ A~e. In rel~Y to a questits from Aidenan Wllsm as to the inkreaM prOpoMd in the 9eZimal Bulletin ~iS Worship )e~yor Miller mtod that a meetin& ~0 dis- Aldenan Pubtick ~ate~ he ha4 n~ti~ed an advertisesent in the l~al ~ss No, ~ - ~.- ~ - ~ that the unit prices received fins L & N Cc~struetio~ Lt ~ he amount of $8~m~Se00 for installatic~ of waremains on vari~As streets in the City he acce~ed ~ Cotmoll{ ~D the Sad of the Cor- l~ratAc~ be hex~o affixed. Carried Unanim Xx Corporation Ltd, for the re-mm~tnS of pTolmrt¥ known as Part Twp. Lot 73, located n. the eest side of S~mieks Avenue at ~homld Stone l~d, omfcms to the Official Plan Amendant No. 28 of the Niagara Fedls Plannl~ Area as amended and approved by ~he Minister of M~xtoll~l Affairs) ~D the 2esl of the Cox~oratica be heroic affixed, that the Cotmoil of the City of N/~Sara Falls fcll~ votes ' Aldermen 8caerville, l~unt; Mann; B~Y; Chee~xsn, Wileca:. Aldermen Bearss, GellCMaY, Ma~tn~ ;puttick, 8chisler, Thceson; M~VoT Miller. Cc~-lh~in C~F I~nited for se~ennain and ~atemain * ~ on the motion of ~ldenna~ S~hisler, seconded by Aldel~n Hunt that Alderman Mann he granted the Imivile~ of intr~tucin~ the BF-l,sv ~ the By-law be g~ven the fu. st ~adU~, t~m'~e& Uonn~. By-law be ~iven the sectrod readin2. Carried vAth Aideman l~xtti~ vo~in~ con- trary and all other menbe~s in favors. vctix~ cc~tmr~ and all o~her members in favour be Stun l~e ~ read.t~, Carfind UnanimousIX, (2) No. 7e-A~. A By-law to authorize the exe~.Atic~ of an agreement wiSh L & Constxuction for the cons~'uo~ifm of ware:mains. ORIeI~D on the motion of Alderman ~cKinley, seconded ~,J Alderman Schisler that Alderman Mann be granted the privilege of introduci~ the and the I~-law be given the first ~eadl~g: Carried t~ulmousl~. OR~RED on the motio~ of Alderman ~nn, seconded by Aideman H~ut that Rule 36 (e) of the Standing Rules of Cc~eil be temporarily suspended and She RY-law he given the second reading. Car~ed Unanimous~. Thix~ l~eadin~ - Aldex~an Mann an~.Aldenm,n, Hunt. Carried No. 72-~5. A ~-law to es~ablish certai~ la~ds as part of Willoughby Drive. 0RE~D on the motion of Alderman Mar~in, seconded by Alderman S~nerville that Alde~san ~y ~e granted the privile~a of introducing the By-law and the By-lay be ~tven the first reading. Carried U~ousl~, 0REg~ED on the motion cf Alderman Mckinley, seconded by Alderman Wilson that Rule 36 (2) Of t~e Stendin~ Rules off Council be temporarily suspended and. the By-law he given the second reading. Carried Unanimously. ~ird l~eading - Aldem ~earss and Aide:man Hunt. Carried Unanimously. No. 72-~. A l~-law to authorize the Corporation to enter into an a~reement with The H~S_~-Electric Power Commission of C~tario for the light- ing of streets in l~rts of t~e City. ~ m the motion of Alderman McKinley, seconded by Alderman 8chisler that Alderman theesmart be granted the privilege of introducing the and the By-law ~e given the first reading. Carried Unan~meual~. OREE~ED on the motic~ of Alderman Cheesman~ seconded b~ Alderman Wilsofi the~ lbxle ~6 (~) of the Standing Rules o~' CoUncil be temporarily suspended and the By-law be given the seoca~d madam. Carried t~animously. ~ird l~ading - Alderman Beares az~ Alderman Wilson. By-law to provies mo~iea for general Imr~osee. C~ on the motion of Alderman Martin, seconded by Alderman Somerville that Aldexman McXimleF ~e granted the privilege of introducin~ the By-law and the By-law be ~Aven the first reading. Carried Unanimousl~. ~ on the motion of Aideman M~Kinley, seconded b~ Aideman Hunt that Rule ~ (2) cf the Standing Rules Of Council ~e temporari~W susl~nded and the By-law he given the second reading. Carried Unanimously. ~vaird Read.tx~ - Alderman Wilson and Alderman Thunson. Carried Unanimously. Council a~Jctu-ned to ecmnittee of the Whole on the motion of Alderman ~cmervllle, seconded bY Alderman Thcmscn. Ccemzf~z or ~s Council met in CamiSles o~ the Whole at 10:~0 pdsa foliosinS the Jekyor Hillmr presided as Chairman. Followinn eiderutica 6r t~lie UMm lmese~e~ the Ccsmi4~tee or the 14sXor Worship Near Nillet ~cesidsd. Camoil ad~curne~ ca the scrim or Aidsnan SoBervilla, seceded by Ceuncil Chambers, Fmrch 13, 1972. RBGUIAR ~2ETX~G Council mten t4ouday, t4srch 13, 1972, ac 7:30 p.m. for the purpose of considerinS Sanetel business. All Neehers of C~xil ~ere present. His Worship ~yor F. J. Nillet presided as C~i~n. Al~e~n ~C~ick offered the ~eni~ Prayer. It was ~dered on the motion of Alde~n ~s seconded by ~lde~n ~on ~ the m~u~ee o~ the rnsu~r meC~ of Cecil held on ~rch 6, 19~2, be adopted as printed. UI~INISE~D B~SII~SS POLICg PAli0L BOAT Cone. No.50 - Police Chief Albert g. Sherman - Advisin8 Chat timpolice boat is presently in sCotaBe in one of the buildleSs at Police HeadquarterS, No. 2 Division; advising further that the Board of Police Ccmnissioners aCa meetinS held February 28, 1972, approved the locating of the boat in the ~;elland River for use in the Chippawn area as well am .~Char areas at the discretion of the Chief of Police. CRIbRED on the motion of Alderman Henn, seconded by Alderman Hunt that the *- comnmioation be received and filed. C~e4UI4ICATIONS He. 51 - Social Plsnuin2 Council - C~ents re Dr. William FinSland Day Care Centre e~'ehmposition of the Regional Social Services teemIsles in noc partici- patioS in a program whereby a privately operated day treatment and diagnostic centre undertakes studies of the special needs of pEa-school children and place research staff with day care n~rseries; requestin8 that the City determine the reason for the UeSieu*s decision to net participate in the prnsram. t4ayor Hitler advised that the Advisory talctee for Hey Care Canores will discuss the attar at a getleg on/4arch 29th and soStested that a matinS with the parties concerned should be held prier ce that dace. ORUERBD an the motion of Alderman Thomson, seconded by Alderman Henn thac the City Clerk be authorized to artnoSe a meeting with the tityes representatives on Regional Council; Heyor Pteez~ Chairman of the Social Services ComeiOtas and the menbert of the Advisory Cmmittee ~or Day Care cantree Co discus the additional services available to Hey Care. Centtea and to determine if the program can be initiated for the Dr. William FinSland Day Care canOre. No. 52 - 8reato~ ~id~a Senior Citizens * Association - PresentinS a brief on the proposed erectfen o~ a senior citizen aperent buildi~ on ~r~ Street. ~s br~f t~l~es c~ f~di~ of s ream sumy u~ertsken by the hepatica; ' estates the disa~a~ of s tensstorey buildiq and e~Cs 2k * iutsllatim o~ sm~ral eafe~ a~ coffe~e~e bollisles. ~ Ass~iaCion recaps a lw rbe devel~nZ rather t~n a hiSh rDe build~ a~ s~esU the an ~n brm be ~ld to pr~ide seui~ ciZiee~ ~iCh an ~p~t~i~ to d~c~s C~ q~ti~ and nscerCain Mad, ~, desiSn, l~tion, Follsl~ e~iderable disc~si~, it yes ~d ~ t~ ~Cton of Aideran ~ll~y, see~ed by Aideran ~rtin t~t vkn ~e Plsnui~ and hvelo~nt C~ttte ~2r t~ application at the~ meei~ of ~rch 162h, the cMsiou he l~ted Co th plm~i~ aspects of th pr~Mali ~rther, tbZ ~ cRuSe a~ seCesSion cMCsiMd in the brief prepared by tb Greater ~pra 8eui~ cicisoM, Ass~hciM be tabled e~ referred Co a meCi~ of eereseuUtivm Of Ch ~s~beiM, a~pra bile ~iq Authority, ~Urt h~ C~p~at~n end ~icipsl officials, b Mtion carrie~, Ms. 53 - Mr, 'Th0ums gotrue - Comments re extension of bus service to the former Village of Chippaw. Oe~BRSD ou the motion of Alderran ann, seaended by Aideroe 8oarvilla that the eoemunt~tLon be re,sired and referred to the Greeter Niagara l~ansit C~misliofii ftt~tber that Mr. 8eftas bo informed of the study recently authorlead by City Co~etl to doteheine trsusporUtioa needs aa ~etl am the mchsnicz of U~au Senins Arms ~b,raby Zestdeals of the formr Viiisee of ~htppeve would he ~equired to i~Y a i~rtt~u of the mrssit Cmsiaelon dollair. I Coeauaicaticas (Cent*d) Me, 54 - South Ontario Economic Development Council - Re.. Areatel Confercute, 0RIER~D ca the ~tion d a~ filed a~ C~ices appointees to ~e ~velo~n~ , ~ ~ (Cone*d) No. 152 - plannin~ Administrator - Re: Village North Proposed Condominium. Referring to By-la~ I~o.72-3~ which permitted the sale of Village 14orth co~n- bousia8 development in cond~minium units; reco~mendin~ thac the driveway leadiu~ to the VillaSe North Coudominium project be declared · public street. Aideran Puttick commented on the hazards created by !mavy traffic on St.James and St°Peter Streets. 7hess roadways, he said, are not built to ~ith- stand the heavy trucks travelline to and from the A & P store at the T~n and abe report be received end adapted, · Oaa~WlD ae t~e motice Of AIdeS bllmy, seconded by Jlds~ ~ ~t t~ , .. · ,., ~, u~ellent report, · procedure to be followed; sueSsatinS that the co-operative pu~chasing will be 151 - ~l coins Administrator o he= Secondary plan Guidelines, StdmiztinS effective sod productive for municipal agencies ~ithto RegioMl HisSera| rtd~MM~ J~l mmpm~ w~t~ e~msmmmia. idmC saleeta..aMIm, 'eb~tivel sod reccamsodiq that CouMll lpprovs the prodran el outlined in the report, lOuderda be used in tim pn~arati~a of Secondary ~laus; advisiuS chat the (IBRBRD ca the motion of alderran Thereon, seconded by ~ldemm~ thousan that ~IaunioS and Developsmat hays epprorod the ~idelines ee set ~ and that farther ~mmmtts viII .nov be diesired ftm other levels of Sorerneat, He. 150 - leerus~ion Coonlesion - lEaseurine a ,~Lecremticm Study'* for t~ City sssistm~e, ~' ~O ~ the ~tion o~ Aideran ~uu, se~ed by Alde~n ~arss C~C C~ repor~ ~ n=eived I~ tiled · No, 15~ - Ci~ ~zer - bz ~roup Co-0peretive ~rc~si~8 ProSram, 8m=lzt~ t~ direct lad i~irt=~ salveariSes to area mni=i~litiee a~ re=~endi~ s · that the matter be referred to the Projects engineer, A. irarob, ~o determine if comunication be received a ~ neport o~ the Plaonin5 Administrator be received end adopted. ~he motion Carried See Resolution No. 26 tiesmeat in the special ann ed tha~ the ~ouferenca C~unittee had dec · . -- No, 153 - City Hensget - Re* Committee o~ AdJustmen~ Consent Policy. Advising that the policy ~as adopted'by the Camittee of Ad3uetmen~ on February 29,1972 season with insertion boles d rather than ~vo half-paSs ads, one for the end is intended eea guideline for C~ittee members; recoamndin~ that the Couneil approve a full pap eessousl roirns~ ' eo~nunieatioe be receive r 'am at a cost o~ $7~ O0 The mugion ~ report be received end adopted. piened iu the Cnn~ereoue .P oar ' * ~hB~u, ~hm~on, Wits · ' ' Buyers end 14unicipnlitie8, Quebec City, t4ay 21 to 2~th,1972. Reco~endinS that leo, 57 -. Re ional Bauloipali~Y of Hie are - Re~ Contract Ra.?2.ll,Recouttuctien be authorized to attend the t~o day renegemeat seminar prior to the conference. of bSimm?go~d ~ri0~, ~Canley Ave. ~ron Kitchaser St. to Ferry St, Advialo8 ORDeReD on the motion of Alderman men, seconded by Alderran Hunt that the that tim lesion viII soon be calliu~ tenders for the contract mud that road report be received and adopted. l~e motion Carried with the following vote: tommuse in mid-April 1972 and be completed by June 197; AYE: Aidemen Renrss, S~me~ville, Hunt, Bann'~,',',',',',',',~tin, 14cKiuley, Schisler, the road construction vould not be c~o~s~ed that the RoBion should be asked to Buyers sad !tuninipali~ies ao Couucil*s representative, The motion Carried with elfeat on tourist bnninass, Re suSSe Aveann dories he onustruckles paried- Recmnne Stanley Avenue is a ReSio~l road, tt~ constrnctiou schedule rill n BAYE:Aldermen Celloray and Put~ick. dacerained by the ReSion. Replyio~ to question by His getship BuYer ttiller a iraiced that the ciderelks a tadi uationel Hunicipal Perkins Coqress, Hollywood, Florida, April 16oh to 19th,19~ . exp i~ must bier this c~mt as well as the e~peu · .P,2 ; ' Recommending that one member o~ Council and one member of the Engineeriu~ Depart- ,od o h,, ity ,venu. is.,wen he .nt orimnd to .ttand. · 'AYE: Aldermen Galloway t4srtin, hicKinlay, X~utttc'~'~,Schieler~ ~hO~BOns T~ilSon. " ' ' ~ anti to disuses the requisitions submitted by various orSanizatious muse end conduct le~fle Lot~ine~Kialey seconded by A~de~n ~nn C~C the fl~ at 5980 bttb Street. AIt~ t~ sialelk in ~e at, ~ 'ra~ed a~ t~ p~perty ~t be pr~ed t~ m~aa~ fill, ~ c~ttt~ rep~t be teeerred a~ adopted. . ~cm~tug t~ araut~ng of ~ntetpal Lic~ces- u m~ta of &Idaroe hitter, 8~ad by Aideran C~mn No. 159 - Ci~ Cle~ ~ City stuff be dtnet~ to ~n~u m z~t m t~ fl~iQ c~itiu at t~ ~D ~ t~ ~iou o~ Alde~n ~rt~, seconded by Alders ~ t~c C~ ~D zep~z ~ received a~ adopted. ~ c~r of btth S~. e~ S~t~ Aver. No. 160 - City ~ugez - ~c~ing paint of H~icipaX Accounts. '~'l ~L ~ - ~ ~ ~ Cl~ ~D on t~ moci~ of Alde~u Wilson, sec~d~ by Alde~n Beast that g~ bplyl~ to s ~U by AIdes Sch9ler, C~ City Cle~ coufimd repor~ be received ~d ad~Ced: ' i t~C ck City d~ ~ceive smr of hDtorksl b~ abet tb f~r Tmhip * of Cr~h~, ~ d~muts t~ tt~ed ~ the Clerkes b~rmmc ~ult, ' ' ~D M ~e mCi~ of Aideran S~bler, wowed by lidsran ~smm tMc . . ~' t~ City Cltrk be s~it~ to t~ mr to ~ N~prt ~slls ~sm ~ ~M thee ~lt~ T~hip h~twLcsl ~ ~t r~ir~ b7 t~ Ci~, Rb Worship ~yor Nillet voiced ~. J' HueSlie a~ m~bers of the You~ Co~e~aCives ~ho sere in t~ Cou~il C~rs as ~senere, ~I~Y ~ ~i ~ ~GI~L ~I~D ~p~L ~sl of t~ relief bridp terms ck ~ils~ liar, ~ f~r ~omti~ ~tde~n Patrick referred to h~ ~rlkr Eu~ti~ reprdi~ t~ ~ M bean re~eivd ~m tk bil~y ~aMp~t Cmtteo Qf t~ ~dbn feetion o~ a ~egi~l United Appeal a~ ao~ed t~c s reply ~ the Greeter H~pra United App~l ~d been distributed to ~ers of Cecil but ~d Mt p~ti~ Cm~sl~. It ~ still not ~ If s deebin ~ b~a mh as to been i~ludea ~ ~ arcade. ~e Aideta ss~ t~t info~tion re~eived ~ ~t~r the bridge viII ut~lly be r~, b Aideran e~Is~ of · ~pae co req~sCs frm Cecil th~Id appMr ~ the aae~a a~ be receded prWMI1 to d~elW 8 h; turin ~ tb arm eeJ,t to th real of th ~ t~ ~nuces. ~yor Miller said t~t s~h dir~io~ Co staff ~ers should ~ -br~p, An ~t~ fff pr;rty for thb pu~ue ~lfe April ~, 1972. addition, den of tb Hapra Wells bt CI~ ewe vi~old~ ebb dorahip be authorised by a restlatiN appr~ed by · mJori~ of CNMtl. Aldemn ~tC t~. CMttee ra~tiq the an ~dhte ~ebion ~ rode with ra~et to th ' d~pmttim of ~e hu Central bridti w~ the Uelh~ ~nr; hr~r, ~t ~D~ S~BT ~ C~ttee repressnative be ~e mrs of t~ posthie dau~ut of pretty AZ~mu W~lson advised ~t the residents o~ Csd~ BCreZ were- , on th ~ of ~e Welh~ Liver ,ieh en deSCent ~m t dec~Sm boi~ preparing 8 petition raptdruB t~ condition of the street. teM~d ~ M~ct to the bribe. ~ISL S~ ~ ~LI~ C~Sl~U ~b ~L Alde~u ~zCiok ~nted on the rueat deo~i~ of t~ ~Sio~l bplyiuS to ~,Ciff by Aideran ~t, Alde~n ~ sd~bed t~t C~lt Co req~ot t~t We elected o~lc~ls be tdded to ~ ReSiSt B~zd of ~ol~e C~tssioMrs tb~ i~reast~ t~ ~e~eb~ to seen, ~e Alaska ~ ' t~ b~pU of ~t~ A~l orp~sat~M tb~ut bSi~l Hb~a are ic~ls should ~e ~e robe in the ~te~l ~ ~' ~td a ~ ~er of 8pMiel. Fe role, t~ b~Sec for t~ Grater Is of t~ elu~ou t~c elected off vtev of t~ bPsrantee infested b~Set. ~ U~td Ap;l, with 18 apMieo, ~ld be e~smtblly ~ t~u tb T~n of ope~eCi~ of t~ ~oZice ~az~t .pointsee, Wet Aideran O~D ~ th ~i~ of AIdes ~tti~k~ eec~ed by Aideroe ~c ~t t~ punnut to e~Cim ~50 of ~ ~ui~Z Ace. the Hhbcer of ~icl~l Afbirs h re__ted to 8pprm th ~ssiq of · by-In by thb C~il fw ~/:~ '~: ~ bttml folks C~seim~ hrt~r, t~c She C~uctl of t~ City of deer~d tu lobdaZe '~" to the e~emut ~ted t~ ~th ~y of rebm~,197Z  ~~ ~ ~ti~ of Aideran ~LI~sy, socked by A~de~ ~m :t~t ~. gape lath) U a p~lic hi~y~ ~ th S~l of th Cffporati~ be hreto  ' * afrO. ',.'~' ~ "'~: tb lottOe h~ttmUC, ,,,,,,,, hi odf to amend By.la~30, 1960 of the former T~ans P lie. 72-~8 o A By-law City of Niagara Falls, as amended, (Lauds on north sie ~ ~ nov in the of Fredrice Street) ORE~FZD on the m~tion off Aldenran Chessman, seconded by aldet~su Schisler that Aldex~an Somerville be ~rsnted the privilege of iutrnducinS the By-law and the By-law be given the ~i~et readinS. Carried U~auimousl~ · ~ ~ncil Chambers, latch 20, 1972, ~OJ~iBD on the motion of Aldet~eu hun, seconded by Alderman Beerss .that Hr.RoF aitctmll he Branted permission to address Council. O~ED on the motion of Alderman Somerville, seconded by Alderman ~ Council met on!~onday, ~4srch 20, 1972, for the purpose of considerinS Fann thetRule 36(2) o~ the S~iuS Rules o~ Cecil be t~orarilye~d Se~rel b~i~fo, R~Worship~yor F. 3, ~ller presided as C~i~n. Alde~u Schisler offered the ~eui~ ~syer, All ~e~s of Cou~il were present with a~ C~ By-laY be ~iven t~ second tead~. ~1 the e~eption of Alde~u C~mn and Alde~n ~ll~ay. Ca~ied U~u~ ~lrd ~adiu~ - Alde~u ~ and Alde~n ~a~s. ~ A~PTION 0F ~2 ~ ~i di Carried U~n~I~~ ~ ~D on the ~2ion o~ Aideran Wilson. seconded by Alde~n ~ t~C the ~. 72-49 - A By-law to authorize the ~cuCiou of an aSre~uC with Hb~ra= minutes of t~ HFlarmegiuS bid ~zch D, 1972, be adopted as printed. ~td of Education prwHi~ for ~e ae oE the ~o~ Creek School buildi~. ~ ~S~D ~D on ~he~Ci~ of Alde~n~rtin, seceded by Aldemn~KinleY ____,,_-,-,-,,,,,0,--,--,-,-- , By-laY be ~lven t~ ~st z~di~. ~ied UMu~IY station of 50 ~ly ho~i~ ~iCs and 7~ senior citizen ~i~s. A preseuCaCipn by ~. 5.J,Uye ~velo~nt Officer i~luded s recm~stion for the ion o~ Alde~n ~uc, seconded by Alde~n~un Cat~tion ~f'75 senior catarea units on a l~Cion east of Fortage K~d the By-law be giv~ ~he sec0~ res ~. ~rzied U~n~IY " the develo~ut of senior cit~en accusation; zec~e~g the Count PP d ' ' t~ applicati~ ~or a mx~ coral o~ 75 senior citizen units to be ~ird Resdi~ - Alde~n ~rse and Alde~n ~unt. ~ Carried UMni~l~ f~ ~rio He, inS Corporation s~Jec~ ~o 8 site plea s~ Siee ~lan ~ther, th~il certl~ b; resoluzt~, that t~ apFlicselon o~ ' Cout~tion Ltd, for e~ re~ouiu2 o~ property kn~ as Pt,~C 113, PerCaSe R~d, , , ~eM B -lav He. 2530, 1960 of the fo~r T~hip of eouf~ to ~he Official Plan Am~nt He, 28 of zbe Hia~re Falls AilanCh-- Ave u ). ~" Speakia~ on .behalf of those persoDa obJectin~ to the opplication, Mitchell said the residents of the are preferred that the neiShbaurhoed remain sowed fo~ sinSis family residences. In addition the owners of property abuttinS the site, are of the opinion Chef rbe t;pe of building proposed is e~bstendard and are opposed to the use of concrete blocks. Hr. l~itchell staBerred that,' if the proposal is approved, construction similar to chat used for the Rawdais Village wald be more acceptable, l~e City Clerk edvised that, at the suitescion of t~or Hailer, he had contacted 1~. lays of the Ontario Housin5 Corporation and had been assured thet bunsues of the objections received, 2he senior citizen units would be of · · ClimBED on the motion of Aldemanlirtin, seconded by Alderman Schieler thatAldex~an Bearso be Branted t~ privlleSe of intrUdeS t~ ~-law and the By-lay be given t~ f~eC readi~. ~ ~rried U~n~o~slY 0BEEBED on the motion of Aideman Besrss, seconded by Aldet~mn aunt that Rule 36(2) of the $tandit~ Rules of Cecil be t~orarily s~pended a~ t~ By-hw be 8iven ~ secoM r~diuS. ~ ~tion ~ie~ vlCh Alde~u ~ll~Y ~tt~ e~cra~ and all o~s in favor. c~ra~ a~ all scars ~ ~v~. ' ~ brick construction. ~ - A By-laY ,to provide monies for 5eaeral perposes, 1~ ORI~RED on the motion of Aldexuau Beerss, seconded by AldemP :, ~ ~D e the ~ti~ of Aldemu ~m seceded by Aldemn ~rgin t~t ~. C~eemu t~t Atde~u ~ be Scented the ~rivlleSe of inCred~bS c~ By-by J~tou be SranUd pe~es~ to address C~il. ~O ~ C~ mttou of Aldemu ~, s~a~ by Alde~n ~ m of the ~C ~etu misrule ~ed ~u catz~tion, b i~icaged t~t if t~t hie 36(2) of ~ 2~ hies of C~il be tmporerilY s~ed and ' Headauto of the arm preferred brisk coMCr~tia, the pl~e c~Zd ha c~; . t~ r~mi~ appliesSawn of ~ C~t~tion to pemi~ the co~trucCion of h meCiq 84J~tmd ~ the ' seceded by AidemR t~ appl/cati~ c~f~ to ~fk~l ~iau ~ut ~. 20 of the N~Sars raID : PIau~ ins, b mate d with t~ follw~8 votes See le/Olut~ · ~D ~O, , e 2 ' I~NN CENTRAL ~AIL~AY BRID~B '" : Report 7~9 (~c.1971) - City ~ger - Re: Application o~ Penn Central R~il~y tlau. bcm~h8 t~C a redevelo~nt plan be adopted by by-law, restricted Co stat~ of an sppl~tton by Penn Central ailrMd co abandon the brtdSe ~ar the t~C area fo~ ~ich F~srsl s~ ~iel'~ds e~e available- ~ peparC I~ilel Cht ~e ~d~el~n~ Plea ~111 no~ ulcer t~ dell~ a~ ~ture la~ ~e ~elland River; advisiu~ C~t, in accordance with C~ucil*s directions, the C~y of the Urbln ~1 Sc~' Jill no~ affect C~ su~horiCy ~o acquire land u~er Clerk contacted a repFesen~tive o~ the Camden ~a~por~ C~8sion and ~he ~d~el~n~ ~r~ al ~ppr~ed by c~ ~b~e~' ~ City spplica~i~ f~ Feeaired con~tion ~ the report o~ the C~ssl~er, ~.~.~rch, ~.7ilI be FadePsi ~ Pr~l~ allb~s~e will r~ln ~Cb ~ lentoF levels of B~e~- ~ presented ~ a h~i~ Co ~ he~ ~xc week. ~e 8po~esmn fop ~he C~lssion rout and ~ a i~lCed ~de~lo~nC ~lan will div~e C~ Urban ~81 Sc~ ~ was advised o~ Co~cil~o concern re~rd~n~ ~ option on the property en~ ~he inca ~o patti, C~e b, (l) ~ police build~ I~ co~t h~e sled ~or ~h ~ ~l~ date o~ April l~ch, e~ agreed ~o ~ep the Cl~y CleF~ inEo~d o~ any ~1 are cltted a~ (2) the bshnce of ~ sc~ for vhi~';no h~s ~ve dec~i~ rode. -. been c2tted. b ~por~ was F~eived a~ adop2ed ~ ~er'~,lg~* ~ ~D on t~ motion o~ Alde~u ~on, seconded by Alde~n ~ch~leF ~p~t 162 - Ci ~ er - ~: Urban bnml ~olect, ~tin8 c~ due co t~~: ~ t~ rep~t be recei~d aM filed. ~uildt~, it hs not been p~sible to fi~lta t ~ ~ · s By-law ~,70-53 a~ ot~t masters ~eleted to t~ project; su~e t~g geeelation ~.8~ (19711 re: ~Sioal fia~t~ of Airpore fectlittes. pr;rty b~ed by H~H St, ~tsrio Avsn~ ~ieon Street and EliBabe ~hce ehNld be ac~ed as span as pileibis ;e~rdlest of the decision of · C~. ~8 - ~2toal Hunici~lity oE Uia~ra - Fiance Department - Re; bSial relics C~sion or t~ ~i~e o~ ~ario respecci~ t~ co~c~ZioZ ~all8 ~solucion, Advbtu$ chaC the EeSioal Council did sac ~eel tMt it was oE pol~ a~ c~t ~e buitdiup ,rec2di~ (1) ~t · by-l~ co edit a M in a p~iCion to take on ~bb added fiMnc~l respoMibility in I~71 aM this " bdevel~nt ~lan for this site be'prepared f~ s~esi~ and 'appr~aI by e · ' sam deckton ~s been rode for 1972; f~d8 ~ve not been pr~ided in the 1971~ ~t fie ~utci~l BMzd e~ (2) t~C C~ fire of ~ek~ie BIBlay, Wilson or 1972 bgio~l Budget, Msoc~c~ be auch~ized to ~date the apprabals o[ the t~irteeu prairies Alde~n ~on described ~he decision o~ the ~gifil Co~cil as ~e~u, ~i~' the ~k co be e~leced by April 30,1972, ~t In re~rd to t~ evailsbititl of t~ preens ~tario ~i~al Police build~ oa Stanley Aveu~ ~ Aldemn ~di~C~ ~t It ~t be pMs~le fox paliCi~ as a~ preseuc, Alde~n Puttick quesZio~d if the Regio~l ~ol~e building and court h~e cmld C~n be ~ for the sc~iti~ at ' t~ c~nication ~r~ the Re8to~l ~ici~li~y be tabled ~or ~t~r tn~o~- adJ2eut pr~erty and d~el~ut of e~ S~ley Ave,~,K,~. ma, , Clan. ' ~D on t~ ~ei~ of Aideran ban, seceded by Ald~mn ~rtiu t~t t~ r~ of ~e Ci~ ~8er be receiv~ aM sd~Ced a~ City ~fictals be ~ ~L ~ - S~L C~N~S authorlaud zo prosed so ~iekly so p~s~le, bport 113 - Cl~ ~Se~ - Re: Structural A~l~i8 ~or Nia~ra Falls and ~ 8C2~ord ~ri AreMs, ~ferri~ Co rec~ndaCio~ conCsi~d ~n the re~C of a brief of the Consultants, W.P.London & Associates, for remedial work to the t~o ateDis. Coma 459 - SrJmford Remorial Arena and Courtunity Centre Board - AdvisinK that the Board _m~hers have approved the reinforcemat work between the main trusses end the roof in the Stamford Hemorial Arena. The communication indicates that ~i ! binrates laiislacion end its tsplemntation- the t~e auilable for t~ wrk to be done in 1972 would be ~ ~rch 27, Co ;r: h ~t ~163 ' Ci ~ er - bvi~i~ s~ c~uti~ ~ t~ prosed ~ Ju~ 2~,1972. ~e C~ available ~ C~ year 1973 is ~ ~rch 26th to Ju~ ~ ~ ~ "' ~ p~opar~8 speei~icatio~ e~ ox~ei~ cantraces ~or ice t4~. He su~ested ~ ~ ~re f~r o~tl ab~t lack of hiMfits, ~t Aidlea ~ ~D ~ the ~tion o~ Alde~u ~on, seconded by Alde~n Schisler that "" ll~mt~ ~ all ~l~ ; U ~. turns shun ds~ s~et tam, tim of ~l~ue, Aidsran Wils~ sa~ . * ':~.~.;~: ~'~ eeication be roesired s~ filH aM t~ pruned Walk for ~llioM a~ the :'~::,~ --~ gWlt~ pr~tmtl~ be ippr~. '~, ~ ~ ,- '.} .y~. I '- .~-....tMimmuoications (Cent*d) " lie. 62 o Stamford Lions Club - Re: Annual Carnival, AuS.23.2~.2~ and 26Ch,1972. bq~st~ pe~esi~ to ~e t~ Bridge Strut Athlet~ Grinds ~m ~ay, Aq~t lath co ~day Aunt 29th, ~l~ive; also reqastiq pea/solon to e~ct a cm~ivml si~ ~ t~ ~ds. ~D on the ~ti~ of AideroD ~C, sec~ed by Aideran ~uu c~c the c~tcect~ be received a~ filed ~ t~ reqMece of the Stm~ord L oM be approvedo QQ4 Be. 63 - Youth Hostel Committee - Requesting the vritten approval of the City to operate the Hostel dories the smear of 19~2 in order to cmopXy with Federal communication be received and filed; that timicipaX approval be ~rented and eppro~riate authorities me notif4ed. No. 64 - Regional Nunlot it of HieCore - Re: Sever Service R~te By-laY. Preseutns copies of Re ao RY-lsw So.39 bo S a by-law to authorize a seaS. eervLce rate to pay the annual sewaBe vetha; ·leo 8~buttttiuS the curre·t b~dget for the ~ollution Control Division of the Reelonsl lsublie Works Deparmeat. CW[X~ED ou the motion of Alderman coammication be received and filedo tie. 65 - Regtooal Hunicipelity of HieSare - Re: pedestrian Protection on Bridge Structures. presenting a Public Worhe Report, ll 1054, appr~ed by t~ bBioMl Co~il on ~rch 2, 1972. ~e policy adopted by t~ ~8to~l C~il stipulates ~at ~ere sid~al~ fie prw~ed ~ new bridge str~Cff~ t~t ~ spluh rails or other berrie~ be incorporated ~ the co~t~ci~ ~l~s it D'mpecifiully uhere rails are installed ·t the request of !~rente ·od s Mere cm~erned ·bout the safety of school children. Tee A de ap ooneeru ·bout the blazer rec~ati~ t~t no 8phsh ratio or baff~rs · erected ~ Mw str~tures a~ muSesCad t~t ocher brid~s l~mted mr ethyls my require s~h safet~ ms~es. ~e Ci~ E~iumr offmr~ an Wiretin of the ~tent of the ~aloul ~nici~li~ to pr~ide m midewlk on bridge str~tures ia r~al a~s a~ we s~mmlb in urban treat co protect a~ actuate perlestrUM. ~ new miracles, ~ maid, splashi~ of ped~tr~u ed b r~idi adepts drmiuSe. ~e rapfit of c~ ReSi~l the ~tter will pr~ide a substahiti safety . ~ I ma · t~ ~b d D on the ~Ci~ of Aidsran ~a~, sec~ed by Aideran Mils~ t~t the ~i~ttoa be received s~ filed. ~ scion Carried with Aideran brss vot~ c~rs~ and six ochers in fsv~r. IIo. 165 o City Msoa er - Re: W-5-2 Matercourse lmmrovemnta ·ad Proposed Zxproprictton of Hsflsmu property, The report teo~ameuds: (a) bt the meteSpat Cormnit, as approvi~S authority, approve the proposed mspropriatioa of the .360 acre parcel of land' mmod by !!re. Ballme for dm reasons set ~t in the report and in the report of the inquiry officer and that seatoilet officials be directed to serve · copy of such reports opo~I the I~rtiea oattifieete of approval under Tim Iv4~oprietions A~t. (o) lhst lmav~ be granted for the introduction of the eaproprlation by-law. (d) list the appropriate mnieipat officials be authorized and directed to prelate m plan or plans showio~ the lands to be er~ropriated for registration in the bitsCrY Offtoe pursuant to b Raproprintioum Aot. (e)llmt: epproprAetm m~nl~llml officials bs authorSsad mad directed to moots and serve the Mtiee of Idtpr~pr~Ltion rmquirnd by TM Ispro~rtstimm ~cC and e~h notlees of possession that ~sy.~be .reSulted to obtain p.osssssion ~fl'tlm report be rNeived and meWted mg the f~l regulates Solloiter ~ e~s~, Aideroe Vile~ dabbled hie .~terest in ~(Cont*d) He. 166 - City ~ana~er - Re: International Joint Cm~ission Public Hearing on the preservation and EnlmncemenC of the American Falls. Summarizing an Interim Report to the International Joint Commission prepared by the American Fells International Board and 8uBgestiu~ recomnendations end observations for the consideration o~ the I.J.C. in the implement·ties of construction necessary to preserve enhance the American ORIIRED on the motion of Alderman Bearsssseconded by Alderman r4cKinley that the report be received and filed end the counters and recmndations of the City Nanseer and the City Enaineer be endorsed. A copy of the report ~ill be forwarded to 14r.John Clement, So. 167 - City 14nagger - Re: Perkins on Victoria Avenue at Sc.Petrick*s Church. Recoeneudiu~ that parkin8 be prohibited on the ~est side of Vic:.~ria Avenue from Maple Street to · point 2~7 feet southerly. ORDERED on the motion of Aldenran thomson, seconded by Alderman l~nn chat the report be received and adopted. No. 168 - City ~fauager - Re: Parking on Eastwood Street. Raceunhanding that parking be prohibited at all times from the north side of Bss~o~d Street from Ontario Avenue to Palmar Avenue. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson tlmt the report be received and adopted, , No. 169 - City HandSet - Re: Parking on Culp Street adS·cent to Boys* Club. Recmcdin8 that parkin~ be prohibited ·t ell times on the north side of Culp Street from Carlton Avenue to CorMleA venus. OR~RBDonthe motion of Alderman Thomson, seconded by Alderman r4ann that the report be received and adopted. by-law to perkinS on the easterly side of Crysler Avenue from Perk to Bridge St. be enacted. ORDgRED on the motion o~ Aldemn ~, seco~ed by Aldemu ~on t~c the report be tecei~d a~ adopted. He. 171 - City 14assSet - Re: Street llama Signs. Referring to a policy adopted by Connail that now street name signs be ~hite lettering on green reflectorteed material and advising that an extensive list of streets lacking street naMe miStis has been prepared for streets in the ~ormer Village of Chippers, Crueland Twp. end WillnnShby 1~p.; recommending that the necessary street name siena be purebased from Faucet Natal Produets of ~7aterlon; the film submitted the lowest quotation in the amount of ~2,017.98. ORDgRED on the motion of Alderman Sobislet, seconded by Alderman)inn thac the report be received sad adopted. See Resolution No. ~ leo. 172 - City ranseer - Re: Sakes Perle LiBbrine. Recommending thac the firm of .White, Hessup & ErlinS be retained by the City for the preparation of plans sod specifications end the supervision of the contracturea york for the illumination of the borebell field at Oaken Park. In reply to several queerloon by members of Cuenell, the City and the City Engineer advised that the appointment of eonsulCin~ firms .is nee · tender item and all consulting aims follow a schedule of fees approved by the Assnnistion of Professional v-nSineors of Ontario. The choice uc to the firm to be retained is based on tapertenet, Oimiler york undertaken in the City by the fits of Whites Hessup & BrlinS has born satisfactory. The written proposal from the firm to undertake the work at a foe of 6% of the contrast price is in accordance sith the approved Schedule of Fees and the City I~anaSer indicated the oust, npproalmtely, ~oold be O~gE~O on the motion of Aidemen NcKinley, seconded by Aldermen Harris that the report of the City 14annSet be reoeived lad adopted and the firm of t~ice,Mossop and iriseS be retained for the propersCion of plans and opeoificetiouJ and the supervision of the auntrestores work for the LilteLation of the baseball timid at Oakme !ark. The sueion Carried rich the folloniu~ vote: "' Bayor .,.lla.. Bee Resolution Reports (Cented) 14o. 173 - City Manelet - Re: Abaedoned Cemeteries. RecoeeendinS that in accordance with the provisions of the Cemetery Act, the necessarY by-law be prepared to provide that abandoned cemeteries become the rusponsibiliCy of the City, Advising that representatives of the Cemeteries Branch have indicated that eleven of thirteen cemeteries in the former Crowlead end WlllouShby Townships can be considered as abandoned; it has ales been requested that the eeu~-tery on Lundyts Lane nd4ecent to the United Church also be included in the by-law. ORDERED on the motion of Alderman Wilson, seconded by Alderman Schisler that the report of the City 14ansger be received and adopted, 14o. 174 - City l~snager - Re: Tender for Fire Department Uniforms. Recomnecdin8 that the sontract for the supply of uniforms, topcoats, ties and trousers for the Fire Depart=ant be awarded to Roebarge Departwent Stores at the total tendered pries of $9,173,98. ORDEI~D on the motion of Alderman H~t, seconded by Alderman Bearss that the report be received and adopted, The motion ~Carried with Alderman Tha~son abstaining, See Resolution t4o. 34 ~o. 175 o Lottery Licensin~ Officer - Reco=~endinB approval of applications to mensat and conduct lotteries. eRICRED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. No. 176 - City Clerk - Xecoemending approval of Nunicipal Licenoes. ~DERED on the motion of Alderman ~uut, seconded by Alderman Thanson that the report be received and adopted and licences granted. No. 177 - Cit~ IMnsaer - RacestudioS PaNeant of Municipal Accounts. O~D~RED on the marion of Alderman Wilson, seconded by Alderman t~artin that the report be received and adopted. He. 178 - City Engineer - l~e: KnSiueerinS Department Final Report 1971. ~I~RED on the motion of Aldersan Bearss, seconded by Alderman Hunt that the report be received and filed and each of the Department ~eads within the gn~inaerinS Deparment be candad. The motion Carrte~d with Alderman Wilson votin~ contrarY and all others in hvour. It ~.~as suggested by Alderman Patrick that several copies of the report be made available to the l~blic Library for public perusal. R~OI~TIOt~ Ha. 2g - HAHN - HARTlit - RESOLVED that His Worship, Fayor Franklin J. l~iller, be authorteed on behalf of the Council of the City of NiaSate Falls, to extend en invitation to the CanadLau Federation of ~layora and Hunicipeltties to hold . their 38th Annual Conference in the City of HisBars Fells in 19~; end further, thaC City Officials be requested to cnnperete in bringing this Conference-to the Honicipality; At~D the Seal of the Corporation be hereto a~fixed, Carlied UnaninonslY He. 29 - THGNSOH o RU~T - R~OLVED that having considered the report dated January 2~th, 1972 of ~.L.A.LilII~O,Q.C,, lnqu~y Otlicer,. male pursuau~ to section ? of ~e Expr~r~ti~ Act a~ ~ini ~lidered t~ repor~ o~ z~ City ~uSer, City R~i~er a~ City Solicitor dated ~rch 20eh, 1972, ~ IT ~OL~D I Resolution No.2~ (Coated) (d) That the City Rngineer be authorized and directed to have a plan or plans prepared showinS the lands to be expropriated for reSistration in the ReSistry Office pursuant to The gxpropristions Act. (e) That the tit7 Clerk be authorized and directed to execute and the City Solicitor be authorized and directed to serve the notice o~ expropristion required by The Exproprtations Act and such notices of possession lhet may be required to obtain possession of the expropriaeed lends; AND the Seal of the Corporation be hareto a~ftxed. The marion carr,i~ with Alderman Wilson abstaining. No. 30 - NcKIIqI~Y - STARES - RESOLVED that a messaSs of condolence be forwarded to thefamily o~ the Late Hrs. Elizabeth Ruberts, a ~ell-known and respected resident o~ the l~micipality;AHD the Seal of the Corporation be hereto a~£ixed. Carried UuanimouslZ No. 31 - HUNT- HANN- RESOLVED that the Council of the City of Nineare Falls hereby certifies that the application of ~ Construction Ltd., AN-9/72, for the fezshins of property known as Pt.~C 113, P~CaSe R~d, confo~ to the O~ial Plan~mmC No. 28 o~ the Nia~ra Falls Pla~in8 Area, ns ~nded and appr~ed by t~ MinDSet o~ ~icipal Af~a~s; ~ c~ Seal of the Corporation be here~o aff~d. The resolution was' approved on the motion of Alderman Hunt, seconded by Alderman 14ann. The motion carried with the follm. xins vo~e: ~YE: Aldermen Huarss"~rville, Hunt, Ydon, l~artin, Schisler,Thenson, Wilson, lt~..:Aldermenl4cKiuley and Puttick. See also Report No. 161 Ha. 32 - SCHISv~-K - HAHN* RESOLVED that required street name signs be purchased -' free the firm of Faucet Natal Froduets of Waterloo, who submitted the lowest q~otation in the amounl el ~2,017,98; AND the Seal of the Corporation be hereto Carried Unsnimousl~ He. 33 *!4cKIHI~Y - K~RTIH- RESOLVED that the firm of~hite, Megsop & grlinS be retained by the City for the preparation o~ plans and specificistions and the supervision of the Contractor*a work for the tllumieation of the baseball field at Cakes Park and the City accept the written proposal from the firm to uedertske the work at a fee of 6% of the contract pries. A marion be Aldereanl~cKinley, seconded by Aldetman Nertiu to approve the recamendation of the City ~auager was Carried with the ~ollowiug vote: AYE| Aldermen Bastes, Nertie, NcKicley, Sc'~sler, Thomson, Neyor ~iller, ~Aldermen Somerville, Hunt, Farm, Patrick, Wilson. See also report He, 172 leo. 34 o JEHT - BEARS8 - I~SOLVED that the contract for the auppll of Fire Departsent Uniforms be awarded to Reabergs Department Stores at the total tendered price of $9,173.98; AHD the Seal of t~ Corporati~ be hereto aff~ed. b ~tion Carried ~$b A~n, ~Oa I~W BUSlI~SS PAIEZNO Ce OW, AEZO AVEIeI~ At the sosStation of Aldetmsn Thceou,the City Engineer will inveeti- Bate parkins conditioma on OnterioAvenue between Quaeu St, and ~ark Street where t~e front end of cars fitend over the curb. ip., ...,otd d..cr,hed i. ,cha,.l. "," ,,ld.,.. Th.... r.port.d that ..ver. l un..,lo,,., l.cal p.r.ous h.d ,or the T. 'Zh ; ';;port ' , ..lied to .ndier. Co.t...tio.. the c..tr..tur ,ur tha ..'...' .oad ....--in, .,...,, hy the city .-g., ,,th l,,, .nd thet the c,ty go.c, Of thl IeqnltY 0Eficer detel 3enuarY directed to serve s copy of s~ch reports upon the parties to the inquiry. templeills to Toteleo. The Aldeln slid ha wee disturbed by this attitude (b) That the HAyor and Clerk ha authorlead to execute the required certificate particularly in view of leeel tWinTent problems and City policy whocie.~letiPu'i of epproval under The gxpzuprl~tions Act. Xee, thet 60~ of the lebo~r force for construction emt he hired 1 (c) Itmt leave be ;rented for the introduction of the expruprietiea by- aw. ~ labour union representative had also approached the contractor sod ~ss met mith the same attitude. ~hen he contacted representatives of the consulting fiEre, R.V.Andersou, he ~m8 asked why he rag'trying to make trouble*'. Aldet~nan Thomson said that City policy in respect to employing labsorate should be adhered to end the sontractor required to submit name and percentages. He also suggested thac the Regional Hunicipslity should adopt the same policy, The tiLT Engineer confirmed that the sontract dons opecif7 that of the labour force must be hired locally. He indicated that the Consultants, R,V.Anderson Asses., would be contasted, advised of the complaints and asked to submit n report, Alderman t~cKinley made reference to the present poli~y of the City respecting the li~bility of property omxers ~or that portion of the se~er laterals situated on municipal road allowances, It ~ms the opinion of the Alderman that the policy, if challenged, would not be upheld by the courts. He suggested that the policy had bueu inherited frog the former Township Stamford and was intended to decrease the number of unnecessary calls received at night and on ~eekends. Alderman HcKinley reminded Council thaC he had raised the question on several occasions and reiterated his concern about the hardship that my be inflicted upon people with fixed incomes vho find it necessary to obtain sewer services outside re~ular working hours. The Alderman questioned if the City Engineer vas continuing his investigation of the problem. In reply, Nr. Rodmau advised that a report re~ardin8 the general pulley for seu~r laterals would be presented in the near future, Another report regarding the charges end rates vould be submitted the reek following, 14OHTRCgE ROAD - Q.E.U, Alderman patrick questioned the procedure followed by the Departsant of TransportSfinn and Communications in acquiring land for the Neatrose R~ed Q.v-.W. intershesSe. According to information made available to Alderman Puttick, the Department is proposing to acquire 16' from the property of t4r. George Cockshedge and 4* ~rog the no~th side of the road, Alderman F~ttick suggested that it would be far better to take the is* frog the north side of the property vhtch is presently a vineyard and 4' ~rom the built up area, He asked the City Harmget to obtain an explaoation frm D,T,C. officials, INCREASED COST OF LIQUOR AND BEER Alderman Puttick expressed his concern'regarding a proposal by the province o~ 0aCerio Co increase taxes on spirits. He suggested that tha proposal nould have adverse affects upon the tourist industry as it Mould in[late the The Alderman suggested that the Govern- charges imposed by licensed outlets, conuern could be relayed to the Hia~rs Resort and Tourist Association and the Chamber of Commerce, ADVERTISElift RE POeTrI0S IH Aideran ~nt questtoed a recent'advertDmnt re~rdi~ s ~acancy in the ZqiMeri~ ~pst~nt and t~ i~tcated salad, ~ City anSinear con- fired t~t t~ a~ert~ p~itiou ~uld be s~Ject to a s~ ~nth prOsties ~rt~ aM the the salary quot~ adopted by ! ! 1 It ~ae moved on the motion of Alderman Wilson, seconded by Alderman 14ann that the City Clerk be authorized to prepare a resolution for submission to the Canadian Federation efl4ayors ned 14unicipalities outlining the Council*s Concern reSardin8 Council*s concern about the apparent delays in payment of unemployment insurance, The motion Carried, BY-L~S He. 72-52 - A By-la~ to provide monies for general purposeS. ORDEI~D on the motion of Alderman Benram, seconded by Alderman $chisler that Alderman ~artin be granted the privilege of introducing the By-law and the By-law be given the first reading, Carried Unanimousl~ ORDRI~ED on the motion of Alderman t4artin, seconded by Alderman Hunt that Rule 36(2) o~ the Standing Rules of Council be temporarily suspended end theBy-law be given the second reading, Carried Un~nimousl~ Third Reading - Alderman Uilson and Alderman Farm, Carried Unaninousl~ O~J3BRIiD on the motion o~ Alderman Hunt, seconded by Aldernmn r48nn that the maetin~adJourn to CubiCtee o~ the Uhole. P~AD A~D ADOPZED, CCt~flTTEE OF THE lfliOLE Counittee Room#l, t4arch 20, 1~72, Council met in Cmanittee of the ~hole following the regular Council meeting. All members of Council ~ere present with the exception of Alderman Cheesein and Alderman Callsmay. Alderman Puttick presided as Chairman, Following consideration of the item presented, the Commitee of the l~hole arose vith~ut reporting on the motion of Aldennan l4ertin, seconded by Alderman Milson, LIM)~ SCHOOL IN Fair CROWlAte T~. ;~...;~;j~ ;?' Alderman HehisZnr intorod Cou~il , ,, ,,,,; ~,, trampseer st the ~My 8ch~l ~ t~ truism Mard ~h ,, '~"-: n:: ~ of the bMrds ~ve been r~pld frl the wi~M t~ Ci~ KqiMer ~ke t~ ucessm~ steps to a~ ~e build~ sec~e. ~ ~ C~ S~X-~ '~'~ Aideran Hearse solicited the .upp.t of C~il in ~'; ~rticipmnts in C~ i~m * Club 8w~-~on. Alamo httick ~ Aideran ~ ~m~ iMi~t~ ~ ~ld participate in gRAD AND AD~PTED, Cl.rk - 10 - Cotmc~l Chambers, Hatch 27, 1972. COUHClL ~ETING COunCil C~*mher8, March 20, 1972. Council met on Nonday, Notch 27, 1972, for the purpose of cootdefine IonreX business. His Worship Hayor F. J. Hailer presided ·s Chairman. Alderusa boo offered the Openin8 Prayer. All embers of Council were present with ;he suepoise of Alderran theemma. Council reconvened in open session following the CoHnitcee of the Whole meetin8 held March 20,1972. All .r~__her8 of Council were present with the exception of Alderman Chessman and Alderman Galloway. His Worship Nayor tilllet presided. The!~eotingedJourned un the motion of Alderman S~erville, seconded by Aldermn Hunt. READ Ata) ADO~-D. A!~TXON O~ telQUit Alderman Puttink referred to the report of the ClOy HansSet. NO. 172, re: Oskee Park LaShcanS, as recorded in the mantles oft he Harsh 20Cbmeetini. ThmAldemaa questioned the CicygnSineer shoot the possibility ofultin8 tenders for such construction work and provide In opportunity for lousl con- tractors to submit bids as well as eXamSuiteS the necessity of payin8 consultants* fees. AccordinS to the method used in ocher municipalities, contractors who wish to submit · bid approach the nenuf·cturerend with the assistanCe of their professional staff, obtain the necessary specifications, Aldemn Puttick sueSeated that the tender requirements would specify that the Services of the menuf·ctul~erse professional staff wold be provided free of camram, l~e City Bnalueer, R.W.Bedmn, stated thee the City does not employ~ n pFofetsicnel electrical suBSneer end it is the opinion of staff member· thee speoifiuntiona should be obtained from · qualified electriul consultant in order to complete eonstznetiou ·e e·onmnicslXy ns possible. l~e method propnsnd by Alderman Pettiek, he maid, would result in the construction beans tailored to the neoufaetu~or*· zmthml of installation and netcrisis. Replying to · qnsstionbytheAlderman, Mr. Rodman eSreed thee it was possible to adopt the soWsted system with tenders betriB called by invitation, Oe~laD on the motion of Aldermen Wilson, seconded by AldenmnNortin Chat the minutes of the taBulAr meaSleS held Hatch 20, 1972, be adopted as printed. tom. # 66 - 'Mrs. Laura Jobrio - RequestinS pemission to address Council oa · subject of safety, OMlu~Doo the motion of Aldermen Ramrat, seconded by AldermnNonn thee )ira, Jobus be Branted permissio~to address Co~__il. Mrs. Jobas canted on the heurds created by pedestrians walkinS on reed eliottones rather then on sidewalks and cuSSested three aches of r~yiq t~ praise. (8) ~t ~e City plush a~ s~d mide~lh f~st; ~) t~C ~ Ci~ mot pl~ rude util Sly are c~ered with 3" or (c)- t~t t~ City oMoCs Ped~trian by-law. ~. Jo~ advbed tMt 8~ ~e s c~y of a leCe~ ~m c~ Tor~to hike b~rmuc snt~ tbt Cky hve · pedesCrhn by-lay ~er ~ich s Brest mr of people ere h spuhr oe~ thc ~ile she ~s s~mkin8 ~ her an bohlf, she ~ rMel~ ~ e~m~t of ~ Hh~8 Palls Call At the suf4emtioo of Hayor Hill~r, Hrs. Joist will provide the City Clerk with a copy of the letter frm the Toronto Palace DeperUmnt. l~e City Clerk will prepare a report reSmrdinS )ks. JoJum' remrks ·adn resolution frun fin City ~of Oslmw m the am subJest, cm, ~8 - bgioml Nouloipali of Nlmsmrs - Rat MisSarm tails rmolucin ~11 ~t a~ ~ C~ added fiMmbl ZOp~ility ~ 1972.. ~t 1~ - ~ ~M~r - b~n~ to a quition tatted ab~t the pr~ilioM of Bill l?i ~ teapoor to mi~tm f a~biq the It ~ t~ WiuiM of t~ City enidits. tbt, sl~ t~ blast C~Mil ~ poor to mrsco t~ essb~m re~d: Mt~ sims the ~bNMI m ads to t~ per csptU .the enid k e~eated if t~ p~seac ~auts ~m ~rtioiptiq ~ia~slit~ jsped ~r t~ enei~ ~i~; e~Diq t~t t~ epprmts out mid ~ ,4a0.pff upita:ge-,16~ p~ ~its, :[ IlkRare District Albert (Co~tud) Ce~2RBD on the motion of Alderman Puttick, seconded by Alderman Thomson that the City of NilBarn Falls officially request the HiDaster of Huniotpal Affairs to laplemur necessary thenSen to the Regional ttunicipal/eY of HisSare Act tu order to provide Cast reapeDibility for eraurea8 eid to the re4sSara District Airport Commission rest solely with Regional authorities; and, further, that the requested changes be enacted before the expiry of existing agreements between area municipalities end the Airport CamsasSes, said ngreemen~s erpttiuS in 1975; end ~rcher, Chat neEtonal authorities be uotifLed of Council s notion this respect, cet~u-~lcA'rzot~ !!o. 67 - D, Coeles~ Tropic Aeuerium - Referring to the decision of Council to meters be timeslied on both sides of the street Dud He parking sip be erected ORDERED on the motion of Alderman Th~nson, seconded by Alde Y the coe~micatiou be received end referTed to the parking C_o~_tttee andncala~ttons the by-law appearing on the agentis be ~rLthdra~n pending ~urther receive d ti from the Fatking Committee regarding the suggestions submitted .by l~r.Cowles. The mesSeD Cerried vith the following vote: ATE: Alde~en"~'~rville, Runt, Mann, l~artin, NcKinley, Puttick, $chieler, · . Comunications (Cent'd) No. 73 - Ontario Energy Board * An application of the Conam,~rs' Gas Co. to the Cutsrio Energy Board Co approve the schedule of rates presently charged by she company. CateRED on the mellon o~ Alderman~ann, seconded by Alderman Schisler theC the communication be received and filed. No, 181 - City Hansget - Re: Senior Citizen Assms. brief regarding proposed erection of a tan-storey senior citizen apar_~nt building on Huron.!StreeC; advising theC each of the points raised were discussed at a special meeting of representatives o~ the HieSare Fells Housing Authority; Fayerrs Committee on Housing; Recreation Commission; Social Planning Council; Central ~ortgage and Housing Corporation; Ontario Housin~ Corporation; Senior Citizens Association sad civio staff; advising that the points of concern have been ~ully discussed and those items not resolved are being investigated by O.H.C. officials. ORDERED on the motion of Alderman Nsnn, seconded by Alderman Hunt chat the report be received end filed; further, that the brk ~ received £romthe Greater HieSara Senior Citizens Assoc. be received and filed and the Associetion be thanked for their interest on behalf of the City's senior citizens. ~ No. 182 - City Nanager - Re: Land Bank for ~utore Senior Citizens Units. Advising that representatives of Ontario Housing Corporation end Central ~'ceson. liCe:Alderman Busies, Galloway, Wilson. ': Nortgage and Housing Corporation have c~!,~ted onehe difficulty experienced -- . :~ in obtaineDs land in or adjacent Co the downtown area as sites for senior ~o. 68 - R. CondirSton - gugeestin~ thee the City peCi~i~ the bgioM1 G~en- citizen ~its; edv~in$ thac durin8 a recent spec~l mating to d~s proposed c~lutim be received a~ re,fred to c~ City m g I h Alde~ ~t . future ~i~, said lnds to be purc~sed 'at · price supported by O.H.C. A~ ~4ctee f~ c~iderati~. ~a~tion ~nied vii ~ sppra~als. voti~c~tra~Y s~all~rs ~fav~. ' '~ ~D on the motion o~ Alde~n~, seceded by Alde~n~C~t the sugared ~oolu~ion ~appt~ed. ~. 69 - Aldemn ~. J. ~ttiek - ~ ~tic~ted iMrmt in the sale prke of liq~r, beer and wi~. bq~stiq authority to uk the Pr~e of ~tario to ' ' pr~ide ~fomti~ re~rdi~ the ~unt o~ pr~l~l ~ t~t is dariBd ~ No. 183 - Pla~inK a~ ~velo~nt C~i~ee - ~: ~-10/72 Fe~ell ~velo~nes t~ sale of spirits ~m ~tleCt ~ the City st NiagWa Fm Is. 'f ~d., ~s ~,5, ~ 6, Plan 35, Huron'- S~reeC. A rez~g application s~iCted on It wss med on C~tion o~ Alde~n Puttick, seconded by Alde~nHuut that 'j be~lf of ~terio Ho~i~Corporation Co ~mie the contrition of a tea-storey i~o~tion re~inS the ~t of ~ rev~ derived frm t~ sale o~ beer, 73 unie O.H.C. apartfit buildi~ for senior citizen. ~cmnding c~g the e~ a~ liqu~ in re~il ~tlets b ~City of Nbprs Fails be referred to appli~tion be appr~ed subJ~c to a site plan and Site Plan ~ated with t~ foZl~iq vote: ' ? ~ ' ~emn~t, ~rtin, ~tnZey, ~t~iek, ~on. ~ Aidemadness, 2~illa, ~llay, ~u, SchDler, Wilson,' : b. 18~ - Planni~and ~velo~n~ C~i~ee - Re: ~2/72, F. D~rttno, -- ' : ' ~t.~t 27, 62~0 ~ R~d. A resonant application to pmie the front of an exiat~n.o dwelling to be converted to a beauty salon. The Planning DeperCment report considered by the Planning and Developmot Committee on Hatch reeomaended approval o~ the application. The report of the Planning end Develop- leas.'- Cmmittee recoemnds that Council deny the application. ~o. 70 - Aldenan T. vsu Runt - Re: Final report of the gaBlessting !~p~remnt, 1971. Cmmenttug on t~ hi~l~hts c~d ~ the report. ~D ~ t~ ~ti~ of Aideran ~, sec~ed by Aideran ~s.t~ t~ c~ioati~ be ncti~d aM filed. IS, 71 * CamdS WsekComittes - Requestin2 thet the seek Of J~as 26th to July 2, 1972, be preclsimed as '~m~s~ek". ~D ~ tM ~i~ of Aidsran ~m, eachtied by Al~mo 8ch~let the c~ C~i~cion be received s~ t~ Fr~lmtiu ~pr~od. .. OIDgSZD ou the motion of Alderman Thomson, seconded by Aldersan Nsrtin that t,Dimare/no be granted pe~ssi~ to address C~Mil. ~. D~r~ino said ~hC ~,~d Road n~ b m~ cmrc~l eatsblab- ants s~ Mad thee b~iMsses presently l~ated ~ ~nd Red south off ~udyss ~. ~i~b~r~ prop~zyo~rs, he said, hve us ~Jeo~io~ to proposed beauty salon, Ca~tS~D ca the motion of AlderroD patrick, seconded by Alderman Thomson whet i' I .th..pp,,,,. o, be rpprov.d ,o..,t. ,l.a eBi,tim he receiv~ ~ filed,. ~.. meats l~d., pt.~p.Lot ~, sout~ side Thoro~d Scone Road. An application to permit the development of a 8iuBle family plan of subdivision. Rec~mendinS that t~e application be deferred until a draft plan of subdivision is submitted by the applicallt. a seconded by Alderw~u Schisler that the ;~__.:r~,:;,::.-,re,. s.,.illo. ,.t. Ha.,. Ha"in. ""' Y' ~ilSOno tlAy~.:Aldermen Galloway, ~hmnson. Reports (Coat*d) ,o. 190 - ,..~t~e~;:- Re: A,res.s.t .ith ...d.-. ~nd..tries '-'-'ted. RefertinS tentative approval of the proposed C.I.L. storage depot mouth of Oldfield Road end west of Drun~ond Road extended and a coat-sharinS arrangement for the construction of a watermain and the strengthening of Dr,--~ond Road ~rom NcLeod Road to Oldfield Road and a short portion of Oldfield Road; requestinS (1) approval of the proposed coat sharing as outlined in the report; (2) approval to extend the contract prices of W.I.2o72 to include the installation o~ a warerain on Dr,wend Road and Oldfield Road; (3) authority to enter into an aSreement with C.I.L. for the iuel~llation and upSfading of external services. ORi~RED on the motion o~ Alderman Thomson, seconded by Alderman Hartin that the report be received and adopted. No. 186 - City HansSet - Re: Tender ~or Fire Deparment Shirts- Reckending ~ ~ No. 191 - City Hansget - Re: Council Procedure. RefertinS to a staff reco~nenda- that the tender from Rushers*s Department Stores be accepted in the amount of tion that ~onnal Council meetinS, be held on alternate Nondays and a Council do ted The uttick~e report be rece,ed ands p l~e --""Y. ,..-t ~"in. ~,inley., .::::::":~e"?.l£",~Td;.:"~:: '.';::'.;:".tJ:;'t:: :.":e';'nd?.~Y:.ie;:t:~e" A~: Aldermen Bearss, Somervi , * totmar Committee-of-the-~hole sessions4 rec~-a-endinS that Counc il*s decision ~ercsn Thomson abstained. l~q~:Aldermen Harm, Schisler and Wilson. See Resolution We. 3~ to implemenJ: the new procedure be ratified and the City Solicitor authorfze~ . to prepare an appropriate by-la~ to provide fur these changes. 11o. 187 - City Hansget - Re: quotJations - Brush Sections & Gutter Brooms RecommendinS acceptance of the quotation received fTom Canadian Wire-D~ush in the amount o~ G3,083.28. Oa~itD on the motion of Alderman Runt, seconded by Alderman Somerville that the repurt be received and adopted. See Resolution ~o. 36 FollowinS considerable discussion it ~as moved on the motion of Alderman McKinley, seconded by Alderman Thomson that the report be received and adopted and the revised procedure as outlined in the report be instituted for a three month trial perind. The motion Carried ~ith the following vote: ATE.. Aldermen Buerss, Somerville,"~a'rl'o~ay, Hunt, Hartin, McKinley, Schisler, NAb:Aldermen l~anns Puttick, Ililson. No. 192 - City Hana~er - Re: 1972 Elections,Advising that the Law Branch of the GalI~aY ~c t~ report ~;red to Ci~ o~ftc~ls for additi~l interact · continued for the 1972 m~ici~l election. 'Bit~n~ ~Cer~ls be s ~ the re ~ · ~ ~ CiZ~'~i~ Co ~on~in~ t~ ~rd representation s~sCm for ~he 1972 elecCio~. ~rried ~ith ~he iollwl~ vote~ ~ 1~ R~t ~na. ~C~. ~l~ey ~tt , ~h~h prates for a rental re~e ~de~u ~arss~ S~ . ' ' ," · ~c~er 31,197~; rec~e~i~ t~t the Ci~ Solicitor be authorized to pre~re ~ler. the lme l~orporatinS the condiXie2 aSreed ~: Aideran ~b~on a~ ~ilson, ' See ResotuC~u ~o. MOte; Aideran tun retired ire the Cecil C~ers, ~, 189 - City ~r - b: ~ai~5e ~tm at 5980 bith Street, ' ~ ~BD on the scion of Aideran Wilson, seconded by Aideran (1) coMtruc~i~ st a stem se~r alonS 9inulc~ St. in co~ction ~tth t~ ~L,.~:~iZoo~: .~:~:.~2:~,~::i;.:,~.L,~:~,:~he~.;~,g.%o.. , ~..,..~, ~....... ~ne..~ o, ~..., ,..,ncia,.-- .--. & Criifis 2~div~ion d~s not proceed th~ ~, t~ s~O~ slCe~ive sh~ldMv~lq tht represen~tiv;s of the ~parmne of ~lic ~orks ha~ req~sted ~D ~ t~ ~i~ of &lde~ ~ttiek~ eeeo~ed b~ &lde~a ~K~le~ t~t ~ith t~ e~eptioa of Jsai~orial semieel recm~iaS t~t ~ ~orehip ~or L ms 6 J ~ (Cent*d) No. 195 - City 14annget - Re: Training Course - 3ohnston Control Systems. Rec~...~ndinS that F. 14oDeheld, Chief Custodian, be authorized to attend a one- week specialized training course on maintenance control systems, 14ilwaukee,Wis., Hay 1972. ORDERgD on the motion of Alderman Thomson, seconded by Alderman NcKinley that the report be received and adopted. He. 196 - City t4ana er - Requesting permission to attend the Spring Conference of Ontario t4unicipai Administrators Association, Battle, Out., April 12th - 14th, 1972, inclusive. GRIIRBD on the motion of Alderman Thomson, seconded by Alderman Martin that the report be received and adopted, He. 197 - LotterY Licensing Officer - Raceunending approval of applications to manaSs and conduct raffle lotteries. (IDERED on the motion of Alderman 14cKinley, seconded by Alderman Beatss that the report be received and adopted. No_~te: Alderman Mann returned to the Council Cheers. He, 198 - City ManaBet - sacamending payment of 14unicipel Accounts, ORD~gD an the motion of Alderman Wilson, seconded by Alderman Martin that the report be received and adopted. THREE YgAR BRI4 FOR CITY COUNCIL Alderman Galloway referred to a recent news story regardinS Council's approval of n proposal to request an amendment to Bill 174 to provide e 3-year term of office for members of Council. The story indicated that all but one Alderman favoured the suggestion. Alderman Celloway recalled that Mayor Nillet had spoken informally about the suggestion but it was his understanding that the proposal ~ms for Regional Councillors. He pointed out that Council is no~ on record as having endorsed the concept of a 3-year term and asked to be recorded as being opposed to the suggestion. Mayor 14iller confirmed that Mayors of area municipalities had been asked to determine the reaction of their Councils and subsequently he had qunationed Council and no one had expressed objections. Alderman Puttick said he was absent at the t~, Mayor Nillet said that he had not been asked by the Regional Council to submit the results of the poll. RBSOLUTIaqS No. 35 - BEARSS - GALLOWAY - RESOLVED that the contract for the supply of Fire Department shirts be awarded to Rosberg*8 Department Store at the tendered amount of $2,965.70; A~) the Seal of the Corporation be hereto affixed. Carried No. 36 - HUff - SCI~RVILLE - RESOLVED that the quotation received from Canadian Wire Brush for the supply of brush sections and gutter brooms in the amount of $3,083.28, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 37 -WXLSON - GALLOWAY - RESOLVED that the following bids for the supply of materials for 1972 be accepted: CAtt~DIA NIAGARA FALL~ LTD. Alderman Mann informed Council of a reohearinS of the Canadia applica- tion by the planning and Development Coxmottles on ~edmesdnY, April 5th., 2:00 p,m. in the Council Chambers. ~ae Alderman expressed the hope that members of Council would be present to hear the discussions, pRO~0SEDDAt4- IqlAGARARIVER Replying to questions'by Alderman Puttick, the City RoBinear advised that the site of the dam proposed by the American Falls International Beard is Just north of theWhirlpool RridSe and would create a~pecl to the Falls to raise the water level. t4r. Rndamn described the proposal as a scheme at this stage upon which eat4en~ed costs would be based. Further investigations of ice condi- Rmimmn said it was his belief ndatians were based He also confirmed performs study upon which th, i![S ~il had been read 1 that the brief prepared by City staff and approved by Coo into the record o~ the International Joint Commissionmaetin6, Alderman puttick said he had been surprised to learn that the.recommends° lion had been initiated by Canadian members of the Commission and ACres and made a motion that t4r. N. Hitchlasso be S tenSed permission to address Cotmoil. The n HeKinley, and Carried. motion M as seconded by Alderma he f~xlow~n.te't'~'~..J C hearinS, he was to 14r. ~itchinson said s~ction of the Aum;i~a~ Falls Internattmnal that :r: ihr rac__ed.tion regarding the ~Z~raW~:Ver.Pl4r. ~itchinson lotlasted chat problems in the Item 1. Item 2. Item 3. Item ~. Item ~. ere also involved. CA!ittl !!OlDlaGS LI~XT~D Alderman HeKinloy enquired ab~t t~ SMtM of t~ CanMi application li~e t~ decision by ~d~ to u~ appeal the co~t ruli~. ~e City ~nspr replied' t~t the a~lication ~ bef~e t~ ~Mtio ~n/c~l BMrd and suBimeted t~t t~ Mat step w~ld he f~ Omi*s solicitor to ~ve t~ O.H,B. set m date f~ m ~et~ or Siva a d~i~, ~L ~ Aideran ~XIMY Mted t~t a silo un 2tenle~ AveaM edverCg~8 the Fells Xnd~tt~l ~a~ as in poor c~ition end s~eeMd t~t t~ apparels of t~ si~ could be ~tmd. ,,,.,.. Tires,Tubes & Tire Repairs o Goodyear Service Store a) Gasoline Grade 2 - Shell Canada Limited b) ~hite Marine Gasoline - Gulf Oil Canada Limiedd c) Diesel Fuel - Gulf Oil Canada Limited d) Furnace Fuel - Gulf Oil Canada ~-!ted Cement and Masons Lime - Weightman Chippawn Limited Ready mix Concrete - l.WeighCman and Sons Limited Crushed Stone or Gravel for Roads a) Schedule '~" (1) - F.O.B.Job 1) 1/4" screened dry - queenston Quarries Limited 2) 5/8", 7/8" and 2" crusher run msterial - Divided as equally as possible between Queenston Quarries and Walker Bros.Quarries Ltd. 3) Pit run gravel (Class B) - Divided as equally as possible between St.Davids Sand & Gravel and T. & G. Materials Limited. b) Schedule '~" (2) - F.O.B.job 1) 1/4" screened dry o Queenston ~narrias 2) 5/8', 7/8", 2" crusher run material - Divided as equally as possible between Ridgemount Quarries and Campbell Quarries. 3) Fit run Sravel (Class S) - T. & G. Materials Limited c) Schedule '~" - F.O.B.Quarry I) 1/4" screened dry - Queenston Quarries 2) 5/8" crushed Class '~"matetial for Area No.l - To be split as equally as possible between Qncanaton Quarries and Ualker Brna. Quarries Ltd, 3) 5/8" crushed Class **A'matsrial for Ares He. 2 - Campbell Quarries ~) 7/8" urushsd Class 'l"emterial for Area No. I o To be split as equally as possible between queenston Quarries and ~alker Brothers Quarries Ltd. 5) 7/8" crushed Class 'A'material for Area He. 2 - To be split as equally as possible between RidSamount Quarries and Campbell Quarries. 6) 2" crusher ran material - To be split between RidSamount Qnarrias, Campbell Quarries, Queenston Quarries end ~slker Brou.qeatrios, where ecnnomieally feasible and possible. 7) Pit run gravel Class '~" for Area He. I - St, D~vids Sand & Gravel, 8) ~it run 2revel Class '~' for Area No, 2 - T, & G, 14starisis Lid, vh~te eoonemically feasible, ,,,.,, 8, Resolution Re, 37 (Cent*d) Item 6. Crushed Stone for Roads a) Schedule '~" for Area Ba. 1 - F.O.B. Job 1) 3", 2", 1", 1/2', 3/8"materials to be split as equally as possible beadsen Walker Bros.Qtmrries Ltd. and Queenscon Quarries. 2) Stone dust - Queenscon Quarries. 3) Traffic bound - To be split as equally as possible between Walker Bros.Qosrries Ltd. and Queenston Quarries. b) Schedule '~" for Area Ba. 2 - F.O.B.Job 1) 3,,,2,,,1,,I/2',3/8'materials to be split as equally as possible between BidSamount Quarries and Campbell Quarries Limited. 2) Stone dust - Queen Quarries 3) Traffic bound - Ridgemount Quarries c) Schedule "B" - F.O.B.QuerrY 1) 3,,2',,l",l/2"msterials to be divided assquelly as possible between Walker Bros.Quarries Ltd. and Queenston Quarries for Area No. 1. 2) 3", 2", 1', 1/2'mterials to be divid:d as equally as 'possible be~qeen Ridgemount Quarries and Campbell Quarries Ltd. for Area 2. 3) 3/8" material - To be divided as equally as possible bet~qeen Walker Bros.Querries and Queenscon Qosrries Ltd. for Area No. 1. 4) 3/8"material for Area Ba. 2 - Campbell Quarries Ltd.' 5) Stone D~st for Area No. I - Queenscon Quarries · 6) Stone dust for Area No. 2 - To be divided as equally as possible bet~eenRid~unt Q~.rries and Campbell Quarries Limited. 7) Traffic bound material for Area No. I - To be divided as equally as possible between Walker Bros.Querries and Queenscon Quarries. 8) Traffic bound material for Ares No. 2 - To be divided as equally as possible between Ridgemount Quarries and Campbell Quarries Lid. Item 7. Sand a) Schedule '~" for Area Ba. I - F.O.B.Job Site 1) Screen pit sand - Brass Brothers Ltd. 2) Screened manufactured sand - Walker Bros.Querrtes Ltd. 3) Screened washed pit sand - Brass Brothers Limited 4) Screened washed manufactured sand - Walker Bros.Ltd. 5) Fine and course lake send - Eastland Broe.Niagara Ltd. 6) Selected hackfill and ou-screened fine pit sand - Brass Bros.Ltd. b) Schedule '~: for Area Re. 2 - F.O,B.Job Site 1) Screened pit sand - T. & G. Materials LId. 2)Screened manufactured sand - Walker Bros.Quarries Lid. 3) Screened washed pit sand - Brass Brothers Lid. 4) Screened washed mnufactured sand - Walker Bran.Quarries Lid. 5) Fine and course lake sand - Baseland Bros.NisSara Ltd. 6) Selected granular backfill and on-screened fine pit sand - St. Devids 8and and Gravel. 'c) Schedule 'iB" - F.O.B.Pit '1) Screened pit sand -Braae Brother Limited 2) Screened mnufacCured send - Walker BreaoQosrries Ltd. 3) Screened washed pit sand - T. & G. Materials Ltd. 4) Screened washed mnufactured sand - Walker Brea.Qnsrries Ltd. 5) Selected backfill and on-screened fine pit sand - Brass Bran.Ltd, Item 8. Bat Hix Asphalt end Aspheltic Cold patch 1) Items 1,2 and 3 for hot mix asphalt - queenston Quarries Ltd, 2) Item 4 for sheet saphalt patching - To be split between queenston Quarries and Bard Rock Paving Co. where aconmacally'feasible and possible, " 3) Item 5 for hauling by truck - Warren Bitulithie Ltd. &) Item I for aspbaltic cold patch - To be split between Herd Rock ' Paving Co, and Queenstoo Quarries where econmically feasible and possible. 5) Item 2 for aspbaltic cold patch - Queenstoo Quarries Ltd, 6) Item 3 for aspbaltic cold patch - To be split between Queenston Quatries and Hard Rock Paving Co, mare economically focsibls and Feasible, 7)Item 4 for aspbaltic cold patch - Queenstoo Quarries Lid, Item 9, Grass Bead - Deleted frou the report, (Boa PaSo &, bpurt He. 188) °Z Rts'~QtiOn Ba. 37 (Cent*d) Item 10. Fertilizers 1) 2 Tons of analysis I0-6-4, 5 Cons of analysis 4-12-8, and 14 tons of analysis 10-6-4 - United Co-Operatives of Ontario 2) 2 Tons of analysis 9-5-3 - Turf World, Division of Braeheld Sod Supply I~d. Item 11. Oxygen and Acetylene - Niagara Welders Supply Item 12. Rental of Equipment This schedule of tenders is to be used ~henever rental equipment is required for City operations, starting vith the lowest price quoted for each piece of equipment end the rental of machinery is to be divided as equally as possible when equal bids are involved. Item 13. a) Supply and Application of Traffic Line Striping - Nndern White Line b) Supply of Traffic Paint - Shetwin William 2) 8" hydrants - Canada Valve Limited 3) 4",6',8",10' and 12" valves - Grinnell Sales Limited 4) 6' x 6', 6' x 8', 6" x 12", S' x 8', 8" x 12', 4" x 12", 4" x 6'and 4" x 12" tappiu~ valves and sleeves - Grinnell Sales Lid. 5) 2" x 4', 2" x 6' and 2' x 8" tapping valves and sleeves - Canada Valve Lid. 6) 4", 6', 8', I0' and 12" valve boxes - A.R.FerSuson Co. Lid. Item 15. Surface Treatment with Biteminous Materials - Flintkate Ca.of Canada. AND the Seal of the Corporation be hereto affixed. Carried Resolution No. 38 - THORSON - I~NN - RESOLVED that the next regular matinS of the Council of ~he City of Niagara Falls he held on Nonday, April 10, 1~72 aC 7:30 p.m.; AND the seal of the Corporation be hereto affixed. Carried Unanimously Resolution No. 39 - HARTIN - BEARSS - R~SOLVED that the Statement of proposed expenditures of tb~ City of Niagara Fells for Public Transportation and Highway Improvements for the year 1972 in the total amount of $1,016,000. dated Piarch27, 1972 be adopted;AND the Seal of the Curpotation be berets affixed. Carried Unanimously HcKINLEY - THCe4SON Resolution 14o. 40 - RESOLVED that a congratulatory message be for~srded 'to the Idasites Basketball Team for the kenour of being the only Canadian entry in the Juvenile Basketball Tournament of America; further thaC Mr. Barold Bigger, Coach, be congratulated and commended for his many years of service and contributions he has umde to local basketball; AND the Seal of the Corporation be hereto affixed, carried Unanimously B Y- LAWS ~- A By-law to amend By-law No. 3790 for the regulation of traffic, by-law was deleted from the uganda. Sea Cam,#67, Page 2) ~ov 72-54 - A By-lay to smnd By-lee 3790 for the regulation of Traffic, (Victoria Ave,, ga stwood St,, Culp St,) ORbRED on the sotion of Alderman bares, socm~ded by Aldermen ly-lJW ~d t~ ~-law be li~n t~ first r~diq, ~rried Umu~ly ' 10 ' By-law HU.72-34 (Conrad) rm~RED on the motion of Alderman HaKinley, seconded by Alder~sn Hann that Rule 36(2) of the Stendin~ Rules of Council he t~pornrily suspended and the By-law be given she second zeadin~. carried Unanimously Third ReadinS - AldermanWilson and Alderman $chisler. carried Unanimously HU. 72-55 - A Byelaw tO authorize n lease of part of the new City Hall to Greater WiaSara Transit Cosmission. ORI~F~D on the motion of Alderran Schisler, seconded by !SKinlay that Alderrosa Thmson be granted the privilege of intrnducinS the By-law and the By-law be given the first reading. Carried Unanimously 0R/~G~D on the motion of Aldermen Thomson, seconded by Aideman Hunt that ~ule 36(2) of the Standins Rules of Cotmcil be temporarily suspended and the Byelaw be given the second reading. Carried Unanimously l~ird Haadinz - Alderman Wilson and Alde~nsn Harm. Carried Unanimously No. 72-56 - A By-law to authorize a si~e plan agre-~ssnt with River Realty ~"'~'~nt Ltd. (Frontsnat Street) OI~gBED on the motion of Alderman Rearss, seconded by Alderman Haon that Aldex~sn Runt be granted the privilege of intrndt~inS the By-law and the By-law be given the first readins. Carried Unanimousl~ CRI~RED on the motion of Alderman Hunt, seconded by Alderman Hartin that Rule 36(2) of the StandinS Rules of Council be temporarily suspended end the by-law be given the seeGrid reedin~. Carried UnanimonalF Third n~sdimg - Aldensan Wilson and Alderman Harm, Carried Unanimously Hu. 72-57 - A By-law to ~d By-law No. 2530, 1960 of the former Toeuship of ~ use in the City of HisSera Falls, as ~nded. (River Realty Deeelf- sent L~d,) OREBRED on the motion of Alderman Bearss, seconded by Alderman HuEinlay thee Alderrosa gramtwills be granted the privilege of intrnduoin8 the By-be snd th$ By-law be given the first rendins. Carried Unanimously GR~B!~D on the motion of Alderran S~ae~vfile, seconded by Alderran Hunt that Rule 36(2) of the Standing Rules of Cormnil be tesporerily suspended and the By-law be given the second reedins. Carried Unauisously Third badin2 - Aldermen Haun and Alderman Hunt. esrried Unanimously Nov 72-58 - A By-he to provide monies fur general purposes. OlinRED on the motion of Alderman leliuln7, seconded by Aldnrma Nona tlmt Aideran Hunt be 8uutnd the privibgn of lairsdrainS the By-law and the By-by be given tim fiRst-radiuS. Carried UUniuouslY ....***** ' 11 ' By-law No. 72-58 (Cent'd) (J~__n~l~D on the motion of Aldex~mn Runt, seconded by Alderman H ann that Rule 36(2) of the Standing Rules of Cormnil be rem~oradly suspended and the By-law be given ~he second reading. Carried Unanimousl_~ Third Reading - Aldex~an Wilson and Alder~n Hunt. Carried Unanimously ADJmNT The metins adjourned on the motion at Alderman Bearas, seconded by Alderman Hunt, Read and Adopted, Nayor :1 Council Chambers, April 10, 1972. ~GULAR J~ETING C~ncil met on )ionday, April I0, 1972, for the purpose of considerin8 Setoral business. His Worship Nayor F. J. )filler presided as Chairran. Alderran Milson offered the Openin~ Prayer. All N~_e~ers of C~,~tl ~ere present with the exception of Alderran Rearas. It was 0R~D on the motion of Alderran gilson, seconded by Aldet~n l~on that the minutes of t~e teenier matinS held Narch 27, 1972, be adopted es printed. UHFIm~D ~I~S FALLS LINII~D Report 782 - City Solicitor - Re: Canedie PropetiT. ReferFinS to earlier reports in respect to Cansdie end the decision of the Sopre· Court; advisinB that the appeal of Canedie has been dismissed; suggestin8 if Canedie decides not to appeal to a hiSher court, there could appear to be us re, son shy the Oneeric )funicip~l Boend should not proceed each the hearinS of the City's application for approval of the Casm~i HoldlaSs propdeal. Report #199 - Plnuniu~ end Renel nt Committee - Re: j~i-3172 - CaMdie 81apr·, tells Ltd. Fc,~p, Lo~s 107 sad ~ east side Dorchester bd, Advising thet infer·tins frne the applieant's solicitor indicates that no appeal has been or sill be ashen from the decision of the Court of Appeal of Catsrio; eeriEinS the cosmute of ~he eppliunt.·ed the objectors to the proposal; rec--.-.~edinS thet the application be denied. ORbeD on the merino of Alderran )inn, seestided by Alderran Hunt that )ft. Jdm Femmchetti be Srnnted pexuissim to oddruss Council. )fr. Feumchetti, l~:estdent, Canedie Ltd., noted that the Sanerel feelinS of those artsedanS the meet!e~ of the FluinS C~m~itee meetl~8 appeared to be that the developers of the project ~ere frne out of tam. Nr.hmmehetti clarified the point by advieinS chef the Cansdie shareholders are residents of l~isprs Fells, eellend, St,Catherinos and sue former resident of the Cat7 who u~ lives in Toronto, In 1969, he said, it was the intent of the opplieante to proceed with the develop·at of · thoppiq centre in partnership with · proven,reputable developer eed thet concept has act ohenged. ~e main objections raised, he said, esu and sill be overc~me and be ledJested the sillinS·so of canedie to eitbdreu thet acrobat of she ·pplinetton dealing vith the opera·eat site, Re snSBested thet if C~u~il sill net approve noychin~ other then oinSl6 ~_me4~y dvell4n~e for the proposed apartment site, the soninS uill hove to tennis sinSis femily residentiel. It is not the intention of the applicant to proceed each develop- Rent of thet are· 4'a-distely but it is intended to proceed ~ith the shoppinS · snare o ~L~IKD ea the motion of Aide·on )Inn, setsNed by Aldermen The·son that ben be Stunted pansiesion to address Mr. Doeson, · planner eith the R.V.Anderson ConsultinS firm thet the application to emud the Offioiel Plan end soninS by-he would parsit the deeelegsent of 33 ceres of iudgstrially BOund lend and 8 acres of land presently nosed rosidentiel. 3~ ·ores of the sits mould be used for · shoppinS neStwe| · thrne sere site for proposed spartaeat buildinS coastrustics will nne be deleted free the project. Na. Doesen outlined Ebesee Z end II of the project eed · seed on the intrinsic benefits of the site incledin8 lo~ation, services, tts~poratton, eWlo~nt opportunities ned the possibility of develo~ant of printely oeued acresea nd]ansut to the sits. Nr,Doeson said thet Ca·die is prepared to enet all of the needtaLons buSssod 'by technical staff and eill under° eshe an ·selFsis of ·ntioipeted ireflit. Re ales painted out that the applicants hen filed ovidman of waerehip, ·nilabilit7 of fimiuoiq and hera shoe· evideM· thet leases esu be obtained, t~to", be said, the dalesmat would be dole]rod another year and Ca·dis mould prefer to enter into a denl(~orel elBalaD ee the, ulelou of Aideran boa, seconded by Aidenun Wilson tbet Hies J.LeMsreh be 8rented pealesion to oddross Co·rail. Nine le~drsh eppemd u spektama f~ the httit Hubdivision Rutdents loses. b obJeatore, abe enid, ~iil be pieseed to beer thet it is the intention of ebs dmlWer at to ettaset to oreate moZti-fesily housiq in the ares bsmdietely adJaeeat to their bemeso 'rm7 teerain seaelrned i~o~t the instossed e 2 m traffic sencrated by the Cansdis proposal. Zu addition, a ~airly isrge tract of land has been sat aside in the draft plan for the future buitdin~ of "C~dnity uses". The residents of the Pettit Subdivision are not oppesed to ceczercisl development but are concerned about the wide range of uses thee would be permitted tedor the requested raninS. Describing the development of the Ceanunity Use are· as *~ery vases", ~iss iaYdrsh stated that her clients eish to reserve the riaht to co,eat when a definite plan is presented. Alderman 14ann suggested that with the elimination of the spar,eat buildings, the Cansdis proposal should nov be considered · new application. 0RDEBBD on the motion of Alderran 14ann, seconded by Alderman Hunt that the report of the Planning and Develop--at Co~mittee be received and the Cansdis application be referred back to the Committee for a report to Council. The motion Carried s41th Alderman GallMy voting contrary and all others in f·vour. glaCIAL CCNVEh'fION CEIrZ~ C0t!4ITl!E hp~t 7~ - City ~Rer - Presenti~ ares,~ of the activities of the Causation ~ncre C~lttee appointed in 1969, bporC ~200 - Cic~ ~Ser - ~cmndi~ C~C a spec~l c~iCCee be esCabl~d ~ich c~ follyinS m~ership: ~o repr~enCaCives of City Council; the ~MSer aM o~ repressnative of the N.R.T.A.; C~ ~Ser s~ o~ ropresentaCive of the UMber of Cmrce~ ~e City ~6er; C~ City E~i~er; ~ Pla~inS AdminisCra- t~ a~ t~ ~ger of t~ Hh~rm Par~ C~ssion, mM~D on the ~tion of Aldemu ~on, seconded by Aideran ~ that t~ rep~t of t~ Ci~ ~naSer be received a~ adopted. ~ENDERS I~R 14A~ERIAI~ - 1972 regarding the quantity packaging of Brass seed; submitting an expianstury letter received from the P.R.SmiCh Seeds Ltd.; reckliana that the grass seed on the motion of Alderman Sehisler, seconded by Aldermen Hunt that the report be received and adopted. m 3, meetings with City officials. In reply to letters sent to moreheats within the area, many fevourable comments were received and the Association would like an opportunity to do their ~m part in investing money in the ares. ~he by-law that is of prime importance sets up the L~cal ~mprovemeut Area. It i8 required that notices be sent to every person occupying or using land in connection with say business in the impr~vement area. Objectors to the proposal have eva months in which to submit a petition. ~he Doard of l4ansgement submits a budget for the approval of Council. The City l~nsSer advised thet the South End Business Aesouiationims.~ also given consideration to the possibility of establishing the I~ain Street area fl an improvement ares, It is expected that a s4m41ar request will be received from thom·nd it may be possible to prepare and submit the t~o by-laws at the eJme tfN Our~RBD on the motion of Alderman Hattie, seconded by Alderman Wilson Chat the request of the Downtown Busgases Association be opproued in principle and the e~,~onicatiou be received and referred to the City NansCar for a report and preparation of the necessary by-lays, No, 75 o Niagara ~esort and Tourist Association - Referring to the Catyes request that the Association present their cmmenes and recmmendatione re~arding the proposed Niagara l~ee~my; advising that at a special general meeting of the ~ Association, the following motions were apprnved: 1) The N.R.T.A. request the City to antivats the ~raffic Advisory Cmmtttee and the N.R.T.A. be prominently involved ·lonB uith other members of the Cmmittee; 2) A request that the City get assurances from the Department of ~r·nsportation and Commnications and Regional Gnverrm~t and they be charged to include the city in all phases of amy desigM and/or conceptions of a Niagara Freeway. During dincussion of the matter it was pointed out that the N.R.T.A. had initially requested en opportunity to study end eoe~ent on the proposed designs- tion plan of the NiaSara Freeway; the o~m~dnication dons not indicate if the Association approves or disapproves of the proposal, l~e City Bngineer advised th~ he, together with the Projects Engineer and the Hugimml Director of Engineering, had been invited to attend the t S stub 8thmoeting of the N.R.T.A. at which time the Association had been given a detailed explanation of the inform- tion available in respect to the designation plan, The N.R.T.A. membership had made no reu~.-..~ndation and had indicated they vented ~t~ther discussion on the matter. Hr. Rodmsu said that the role of the staff ~as to make suSSestioes as to how the N,R.T.A. could bocame involved and it was felt that represenMtion on the Traffic Advisory Cmmittee ~ould be the proper vehicle. CHIPPAWA BI~XR R~Rb~NCY B~T PATROL Comm, ~29 - greater NisZmra Safety Council - Re: Water Safety, Requesting that the Chippave River RmerBeury Boat Patrol be the responsibility of the City. itsport ~202 - City 14sus er - HuvieMing the activities of the Boat Patrol in and advising tilt the ~im· of the Bona Paerol has made application to have the prngrom a~ain sponsored by the Gpportunity for Y~uth Prngram; ·dvisin~ further that · federal 6rant of ~9,180. will be ·pproved upon confirmation that the City will aeoept the operating costs of the proSre; the uusts are estimated to he lees than ~800,; tess·sending that Council approve the suggested expenditure ned maka appropriate allowance in the 1972 annual budSet. 01~lMtD on the motinn of Alderman' ~homson, seonnded by Alderman Hun· that tha report be received and adopted. Du. 7~ - Bredcrick. !1cLoud & Clifford - Re: Damtam Dusinnsc ZmprovmMnt Area.. -BequestinS that Co·nell enact by-ins to desiSnnte the dawntown ares fl · local improvemat area and to establish · Boczd of Namammut, h comuni~atiom out- lines the function of the Board of !ensS~mmnt; points out that snub byolonn Mould able tail to levy · s~molal tax on parsons in the designated ares vim are lableer to business floesmat and panvideo a detailed explanation fl to boy the lo~ml lsprnvmmmit program will be opar·ted and fina~ml mud the procedure tlmt is eceslary to implement the proSram. ~ Oa!~lID omtha motion of Alderman Thomson, seconded by Alderman Wilson tlmt MillJam Areradio be ~·nt,d permission to address Camoil.. · Ik, Aredin opp,ar~l am apelessen fur his alight, the Dueatom BuniMam Association. ms laid that sin~a tim Ut~on Beneel Cmsmtttee rflmnded that. ;¢qmi.tM sloth!nil leek toner fepreement lombtie, there have beta It was moved on the motion of Aidarm· ~homson, eecmded by AldermntlcKinley that the c~dnication be received and the requests of the N.R.T.A. be ·pproved by Council. ~aemotion~as Defeated with the foliomine vote: A~X: AldormmnGalloMay, 1~omson, HcKLuley. !aTR:Aldermmn Somerville, Hunt, Mama, Nattin, t'attAck, Schiller, elimen. It was then ~R!!HD on the motion of Alderman Hunt, seconded by AldermanN ann .thee the camuniustion be received and filed, The motion Carried with the ' following vote: ATRz Alder·me Somerville, Hunt, )faun, Nattin, Patrick, Schisler,Wilson. .~:Aldermen Galloway, NcKinley, Thomson. No. 76 - Greater NlaSsr· Transit Commission - Re: Consultant -Transit Operational Study. ascending that tha contract for the undertaking of · traurit operational study be everdad to Aerie 0ouaulting 8ervices Ltd. at a maximum coat of ~25,000.; advising that tha caste of the study are shared 75% by the Department of Traua- portaltom mad C~munioatioes and 2~% by the City of NiaSera hlXs. Oi~laZD on the motion of AldermaN ann, seconded by Aldermn Hunt that the emmmmtoatiombereceived and tha reemndatiouthat the contract for the Transit Operational Study be awarded to Antes Consulting Lad. be xpproved. NoCat Aldermnlknn retired from tam Council Chambers No. 77 - Hiss Dmiulonof Cueads Beauty haunt -hquestingthat the City donate a one-paSS ·~vertisamut to the Paleant Froarms at · cast of el00.00. It e8 moved on the motion of Aldemn Puttink, oncomled by Aldanmn Gallmy that the oommnication be resolved and filed, Tat motion was Dubiced with the follytug votes leeeeeleee~e Communications (Cent*d) It was then moved on the ~tion of Alderman Thomson, seconded by Alderman HcKinley that the comanunication be received and the request for an advertisement in the Beauty Pageant program be approved, The motion Carried rich the fullerinS vet ·: An: Aldermen 14ann, liartin, NcKinley, Schisler, Thouson, Wilson, ~.~__~:Aldermen Somerville, Galloway, Hunt and Patrick. No. 78 o Niagara Crepe and Wine Festival - An invitation to participate in the 1972 Festival, September 21st - 30th, 1972. ORDERED on the motion of Alderman HcKinley, seconded by Alderman Wilson that the c~,~nication be received and filed and Council authorize the participation of the uxmicipal float in the '~rande Parade" associated with the event. No. 79 o Deparment of Trade and Development - lie: Beaiguetion of Municipalities under the Equalization of Industrial Opportunity Program (E.T.O.). Advisin8 that the current review of policies and procedures for the designation of municipalities requires further study; advisin8 further that present municipal designations are be~n~ extended to December 31, 1972. ORD~J~D on the motion of Alderman Hartin, secueded by Alderman Hunt that the communication be received and filed and the information noted. No.~.e.: Alde~sn Haun returned to the Council Cbm~ers No. 203 - City l~ueSer - Re: Draft Zonin~Byolaw. Submittinge copy of the Draft ZooinS Byelaw with text and schedules as prepared by the consultant, to provide an opportunity for Council to becmne familiar eith the by-law before a formal presentation is nade by the consultant; suggesting that Council met Jointly with the plsnntuS and Development Coamittee in about two weehe at which time the con- suitant caumke an initial presentation, OREgRED on the motion of Alderman Callo~ay, seconded by Alderman Hunt that the report be received and adopted and the City Clerk be directed to arrange the suSSeatedmeetin~within the next fewweeks, tN~20~ - City Manager - Re: Annual Sprin~ Rubbish Collection. Rec~-~nd~n~ that two-week period of 14ay let to Hay 12th,1972, inclusive, be apprewed for spring rubbish collection and that suitable advertising be placed in press and radio media. eRIemaD on the motion of Alderman Wilson, seconded by Alderran Hunt that the report be received and adopted. No. 205 - City Haueaer - Re: Foundin~ Convention of the Assnc.of 14xmicipalities of Ontario, Ottawa, June 18th to 21st,1972. RequestinS thaC Council authortee the attendfete of members of Council at the convention and indicate these Aldermen to be deaipted as vetinS delegates; rec~-;-.~ndinS that, in nccordance, with established policy, those department heads having membership in associations affiliated uith the A.N.O. also be permitted to attend. ' GRBgIBD ou the motion of Alderran 8chisler, seconded by Alderran Somerville that the report be received and adopted and Alderman NcKiuley, Wilson, Chessman, Hunt and Rearms be designated as voting dellSates, Aidaroma 8chisler and Alderman Somerville will also attend the convention. The motion Carried with' the following vote: HUet. ,.. rtin. sc,,1.r. w,.c.. Galloway aM Puttick. leo, 206 - City NasaSet - Rei Ontario Industrial Weeins Conference, Toronto, June 18 to 21st,197i. Requesting that m member of Council be appointed as the City*s representative at the confersMe, ~SSD on the motion of &ldsrmu Runts seconded by Atdamu Galloway that the report be received and filed, leo. 207 - Alderran Reares end Aideman Wilson - Report oa Southern Ontario IceMale IMvslopmsnt Coontiles Auntrot Confersect. ~mtD o~ the motion of Alderman Fdou, seconded by Aideman Hunt tlmt the ropox~ be re,saved and fixed and Alderram Rearss and Wilson oreseeded. T Reports (Cent*d) No. 208 - City Hangget - Re: National Boys' Club ~eek, April 10 - 15, 1972. Recc---ndinS that a request for · proclamation be approved. OREtRED on the motion of Alderman Harm, seconded by Alderman Wilson theC the report be received and adopted. No. 209 - City HaueSer - A a*~r~Ty of reeoluCions received from oCher ~unictpali- ties and the Ont. Secondary School Teachers* Federation. 1. City of St.Cetharices - RequestinS the Federal Government to seek the advice of ~unicipal representatives in the planning of future worm incentive program; rec~;~ndinS adoption of the resolution and notification to appropriate authorities, OREtRED on the motion of Alderman HaKinley, seconded by Aldex~nan Thomson that the resolution be approvnd. 2. City of Windsor - Re: ~aSea paid to hospital Morkers. Rec~odin8 that the resolution be received and filed. It was moved on the motion of Alderman Gallsway, seconded by Alderman Hunt that the resolution be received and filed. It was then moved on the motion of Alderman Puttick, seconded by Alderman Wilson that the resolution be received and referred to the Hospital Board for c~ent. The motion Carr~ with the follo~in8 vote: , A~E~ Aldermen ?uttick, Wil~on, NcKinley, Schisler, So~er~Zle. ~/~zAldermen Thomson, Galloway, Bunt, Haom, Hartin, Hayor Hlller. Note= The vote on the motion of referral ~ae taken prior to the original motion. 3. City of Oekewa - RequestinS amendments to existing legislation to require the mandatory use of sidewalks by all pedestricue; recommendinS Chat the intent of the resolution be endorsed and the Assou. of l~unicipaliCiea of Ontario, in conjunction eith She Ontario Traffic Conference, be asked to study the resolution and make amendment to incorporate the question raised reSarding the inability to use the sidewalks under certain conditions. OR~RED on the motion of Alderman Hartin, seconded by Alderman Harm that the resolution be received and endorsed. i t of rides within the boundaries of a city, town, village or built up area; rec~sndinS the resolutinn be received and filed. ORDERED on the motion of Alderman Wilson, seconded by Alderman Galloway that the resolution be received and filed, 5. City of the Liquor resolution OREgP3D on resolution 0shave - ~e: Hegotiation of the shetinS of licensinS fees remitted by Control Board of Ontario to municipalities; rec~ndinS that the be referred to the ReSion for their cowments. the motion of Alderman Wilson, seconded by Alderman Hartin that the be received and referred to Regional NiaSara, 6, City of Oehawa - Requesting hSislatlon to prescribe unlfom traffic control .siSus ~ithiu parking areas mode available to the public; recmndinS that the 'resolution be endorsed, ORIIRBD on the motion of Aldernmn Thomson, seconded by Alderman Uilson that the resolution be received and endorsed. 7. City of Loudon-Requestingeu increase in the unconditiooal 8rent payable to municipalities in 1972 by the amount of the Residential Property Tax Act Greet which ~as paid to property mmers within the municipality in 1971; recommendinS that the resolution be received and filed. G~!RBD oAt he motion of Alderman Hanm, seconded by Alderman Galleway that the resolution be received and not endorsed. The motion Carrie~ with the folio,inS Vote: ~: Aldermen Somerville, Gallmy, Hunt, man, Hertin, .!eliriley, Bobislet,Thomson. K~2:Aldemen Patrick and Wilson. student t p p · . of $1 par capita. O~DgRBD on the motion of Aldemn Wilson, metended by Alderman Themsen tlmt the resolution be received and endorsed on the understandinS that the implementation of Imr Prnvincial-Huuicipal student employmot proSram viII not curtail any similar employment incentive ptogrsmm now in operation by~ either the Federal or l~rovieoial Govormeuts. eeeeeleeil6e Reports (Conrad) No.209 (9) - City of Bault Ste. Marie - Expressing objections regarding the decision of the Provincial Government to eliminate the residential property tax credit in 1972; recommending that the resolution be received sod filed. ORIIRED on the motion of Alderman Mann, secooded by Alderman Somerville that the resolution be received sod filed and be not endorsed. The motion Carrie~. with the following vote: A~: Aldermen Somerville, Galloway, Mann, Martin, McKinley, Thomson. NAYS:Aldermen Hunt, Puttick, Schialer, Wilson. 10. Ont.Secondat~Y School Teachers * Federation - Hu: Proposed change in the length of the term of office of trustees of Boards of Education. Recommendin~ that the resolution be received and filed and be not endorsed sod the Teachers* Federation so advised. ORIIRED on the motion of Alderman Schisler, seconded by Alderman McKinley that the resolution be received and filed. No. 210 - Lottery Licensing Officer - Re: Application of the Canadian Arthritis end Rhe,'mtiem Society for permission to cooduct daily binSo games ~rom 14sy 1,1972 to Oct. 31,1972 st 4933 Clifton Hill with prizes amounting to approximately $3,000. per day; net proceeds to be devoted to arthritis research. OPJ~ERED on the motion of Alderman Hunt, seconded by Alderman Wilson that Mr, A. Ziemerman be granted permission to address Council. As spokesman for the Canadian Arthritis and Rheumatism Society, Mr.Z4"'~rman said that since 1968, the United Appeal has suggested to the local Society that they find some method of raisins additional fuods to enable the organization to contribute their fair share toward the Hetional research program. He said it has been difficult to fiod· program that would not conflict with the United Appeal and the bingo games are e true and proven method of raisins foods. The only point raised by the United Appeal is an aSree_~w,'at between eSencies that no individual fund-raisinS activities Mould be carried on during their campaign. Mr.Zimmerman indicated that the C.A.R.g. are prepared to abide by this policy, ORDERED on the motion of Alderman Thomson, seconded by Alderman Gallway that Mr. J.Roas Morrison be granted permission to address Council. ~r. Morriaon, Executive Director, Ontario Division,C.A.R.g., asked that Council approve the application subject to an inspection by the Building Department and the Society entering into satisfactory arrang_mrm~ts with the Greater Niagara United Appeal. In clarifying vetions points raised in the report of the Lottery Licensing Office and by members of Co-~_il, Hr. Farrisen provided the foilwins information: The Society has been eondectins binseSames in movie theatres in the Ciry of Toronto for the past six months and there ham been no impact on local binSo The winners receive small prizes which mould not attract local binSo fans who prefer cash prizes. Mr.Morrieon did not agree that additioeml traffic problems would be created in the Clifton Hill area pointinS out that the tourists will already be in the City. Because all research projects Ire first reviewed by · national comictee, preceecWwill be transferred to the 0uterio Division. Proceeds ere not used exclusively in HisSarm Fells el all parts of the country benefit frma national research projects. The organization is rsqnsstin8 approval of the application for .n one year period sad would not be bindinS upon ~uture Councils. Flame Flaymrs Corp. will lease the buildinS end, in turn, subslease it to the lneel Society. There is Imam urgency inasmuch ne the financial arteaSements must be conplated by tomorrow norainS. The proJest will produce substantial summer __m~.loyment. ORBei~D on the motion of Alderman Martin, neeended by Alderran Hunt that the rapoct of the Lottery Licensing Officer be re,aired sad filed 'ned tim application of the Canadian Arthritis sod Ihetmmtism Society be denied. The motion Carried with Aldenran Galloway vetSol contrary and all others in favour, Mo.21l o Lottery MoanaLas Officer -Rel Application of Camp !,pie Leaf Inc, for Fenslesion to sell tickets in the City in nonJunction with m proposed raffle te he held in the Thwuship of Euni~tora. ~mcommndiu2 that the request be xpprovod. CRBBmmD on the motion of Aideman Thomson, manesdad by Alderlea Hunn that the report be re,aired and adopted. b motion Carried with Alderman MiXson vetinS 6ouary and all others in fayour, Reports (Cent'd) He. 212 - City t.~naSer - Building Permits issued for the month of ~rch 1972. ORDERED on the motion of Alderman Wilson, secooded by Alderman Runt that the report be received end filed. No. 213 - City Clerk - Re: Application of l~r.R.MacDenald for e "Photographer" Liceone. Advising that the applicant proposes to work on a part time basis from his residence at 4546 Queen Street. eel!RED on the motion of Alderman Thomson, secooded by Alderman Puttick that the report be received sod filed end the application be denied. He. 214 - City Clerk - Rec~-.~-~ndins approval of l~nicipal Licenceso O,T~.RED on the motion of Alderman Wilson, seconded by Alderman Schisler that the report be received and adopted end Sic,aces granted. He. 215 - City t~anaaer - Huc~,,endiuS payment of 14unicipsl Accounts. ORDERED on the motion of Alderman l4ann, seconded by Alderman Hunt that the report be received and adopted. Alderman Puttick asked to be recorded as being contrary to the payment of ~24.78 to Rent-A-Car Limited, Cheque ~ 4720. RESOIJjTIOt~S He, ~l - WIgSON - lt~N - RESOLVED that k~EREAS concern has been conveyed to municipal councils regarding problems being experienced by unemployed ~orkers in obtaininSbeoafits under the provisions ofT he Unemployment Insurance Act, and WHEREAS, any delay in the payment of cla~a results in an increase in the applica- tions for assistnote under the General ~elfare Assistance Act, sod T4~REAS, the expenditures made thereunder to unemployed workers awaiting payment of U.I.C. benefits are not recoverable from Federal authorities if and when Unemplo~nent Znsurance payments begin, and ~IIREAS, the costs of any delay8 can impose a substantial increase in the cost of local welfare, HGW Tm~I~FOREDE IT REgOLVED that the Governm~-ut of Caeada be pet,tithed to implement inmdiate action to: (x) Expand existing Sever,mental _~loyment incentive programs to reduce the number of unemployed workers and to stimulate the economy. (z) Consider a revision to existing legislation to provide that the receipt of minimal am.cats o~ severance and/or vacation pay are not used to penalize an applicant for U.I.C. Benefits. (3) Investigate the possibility of reducing the present two week waiting period in order to qualify for U.Z.C. benefits. (6) Grant to the District Offices of the C~,~;~!ssion, authority to make direct pa3ment of benefits, AND m~ IT I~RT~R RBgOLVED that a copy .of this resolution be forwarded to the Canadian Federation of )fayors and Hunicipalitiee end the Association of Munioipalities-of Ontario for endorselion; AI~ the Seal of the Corporation be her,to affixed, Carried Unanimously He. ~2 -FAHN- WXLS~- BSSOLVED that, on behalf of His Worship ~Ayor F. J. ~ller a~ ~ers of the ~nicipal Cecil, · ~esaSe of best wia~l for a speedy rec~e~ be co~e~d to Aldemn ~ ~rss; A~ the Seal of the Corpsalien be ~teto alfred, ~rr~d U~nim~sly NE~ BUSIIISS INCINERATIOH Alderman Hunt questioned the advisability of considering the erection of an incinerator to dispose of waste material. The Alderman noted that the City of Port Colborne recently coastmeted such a facility and that it may be economical for the municipality to consider similar action. The City Engineer replied that the present system of sanitary landfill is the most economical method available at the present time. He suggested that incineration should be considered when present landfill facilities become depleted. REoASSBSS)tNT Alderman Hunt conneared on the inability of property meets to support the increasing demands of taxation pointing out that in several U.S, SCales experi- ments have been made to alleviate property taxes, As an example, he mentioned the tuequities of land taxation in the former Township of Willoughby where owners of large tracts are holding the lands for a higher selling price and, in the mean- time are required to pay minimal taxes. The City 14sacget replied that the Provincial Government is presently tradertaking a re-assessment program which will probably be completed by 1975 at ~hich time all property will be assessed at m~z'ket value. The re-assessment prngram, he said, will produce a more equitable distribution of the tax load. ROC!~Y EQUIPlaNT FOR YOUft., I~N'S YEAI4S Alde~n Pucticl~ outlined his aCCe~Co to obtain fiu~ial oneislets ~or l~ml you~ rants h~k~ ~eam. Parcici~Cion ~ the project ~s steadily increased and addiCio~l equipmaC is neded. ~e Alde~nes ~vesCi~aCio~ ~ve revealed the difficulties in obeainin~ nssbCa~e as available nss~ca~e ~hr~Sh Athletic C~issio~ are applicable Co hockey team c~rised o~ players uMer the abe of 18 years. ~ suBSeated t~ reCher C~n ~ the ~oup raise ~unds by ma~ o~ a raffle, ~ City Clerk or the City ~nqer could i~esCi~ce ~ p~sibiliCy of am~i~ ex~Ci~ le8ls~Cion ~o pr~ide assistance ~ C~ proSram. ORDZRED on the motion of Aldermen Patrick, seconded by Aldenn~n Thomson that this matter be referred to the City Hsnnger and thee he, through the Clerk and S us, dec ime w t assistance is available for the young menus hockey teams. CO F ld.Chae, n ,rrivad ,t the BUS SERVIOR TO CRIPPAWA ' Alderman Puttick made reference to the many requesrJ received from the residents of the former Village of Chippawa for the extension of bus service to that area. The Alderman said that the problem is serious pattisubtly for older residents ~no do not have automobile transportation, His concern was substantiated by the number of hitchhikers being piet~ed up between the former Village and the basisusa section of the City. As a result of discussions on the miter, Alderman fottickas employer heal authorized him to offer to the City the use of tw buses having a marinas capacity of 14 to 15 persons. The use of the buses are offered on the '-'**ed*erstandinS thee the Greater Niagara Transit Cramlesion will provide a driver or drivers strictly for the Chippawa route na well as the Bassline for the vehicles. Peninsula Volhewag n WOuld undertake the normal maintenance and service which may be required, The buses are offered for a one or two-month trial period. XC was moved on the motion of Alderman Putticku seconded by Alderman Hunt that the offer of Peninsula Volhew~g u be referred to Nr,J.14clMhon, Fdmgar of the Groater HisSera Transit C~iasion and the City gelloiter for their consideration and collate. 1~ motion Carried with AIdes Galley vatinS centrex7 and all others in favour, BY-LAWS le~ 72-]9 - a By-law to authortea the execution of a site plan seresleet with Texaco Canada Limited, (BenCh lids of L~ndy*a Lena, east Of Dressed need), ~2iID on the motion of Aidsman gchislnr, ascended by Alderman Hunt that Aideman leon be 2ranted the privilele of introducing the By-law and the By-law ba liven the first reading, Carried UmninoeslY BY-LA~S (Cent'd) ORDERED on the motion of Aldermae~ann, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Headin~ - Alderman Wilson and Alderman l~ann. Carried Unenimousl~ No. 72-60 - A By-law to mud By-law No. 5300, as amended, respecting service stations and public garages and restricted area By-law No. 5335, 19~5, as amended, OR~RED on the motion of Alderman HcKinley, seconded by Alderm~n Somerville that Alderman Runt be Kranted the privilege of introducing the By-law and the By-law be Siren the first reading. Carried Unanimously ORDERED on the motion of Alderman ~sn~, seconded by Alderman 14ann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be 8ivan the second roadinS. Carried Unsn.imousl~ , ThJ. rd ReadinK - Aldezman Wilson and Alderman Runt. Carried Unenimonsl~ HU. 72-61 - A B~-lav to amend By-law He. 6795, 1965, as amended, Co provide £or ~ing Rules of Council, C~J)ERED on the motion of Alderman~rtin, seconded by Alderman Schiller that Alderman NcKinley be Sranted the privilege of introducing the By-law and the By- law be given the first reading. Carried Unenimou81~ ORDERED on the motion of Alderman NcKinley, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion carried with the following vote: AYE: Aldermen Somerville, Gallmmy, Hunt, l~artim, leKinley, Schiller, Chessmen, ,K~YE: Aldermen lenn, Wilson and Puttick, Third Reading - AldermanBerlin and Alderman Themson. The motion Carried with the followinS vote: AYE: Aldermen Somerville, Galloway, Hunt, lettin, 14cKinley, Schiller, theeamen, Themon, NAYE:Aldetmenleon, Puttick and Wilson. :No. 72-62 - A By-law to authoriRe the construction of a watermain and a pavement ~ning on Drmm~nd Road and Oldfield Road and an agreement with Canadian Industries Limited with respect thereto. mrd~RBD on the motion of Alderman Thomson, seconded by Alderman Schisler Chet Aideman Somerville be granted the privilege of iutrnducingtheBy-lsw and the By-law be given the first reading, Carried Uueoimonsl~ C~l!ilD on the motion of Aideman Somerville, seconded by Aideman Chessmen thee Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be Siren the second readieS, Carried Unsnimo~sly Third RoadinK - Aldnrman leXinlay and Aldermsnlertia. Carried Unanimotml~ ~o. 72-63 - A 8y-law to provide souira for Samurai purposes, USEeRED on the motion of Alderman ~cXiulAy, seconded by Alderran Thomson that aldermn Schiller ba 6~&nesdChe privileSm of introducing the By-law and the By-law ba liven the first readiq, ~arriad Unanimmml~ - 10' By-IawNo. 72-63 (Cont~d) O~DEBED on the motion of Alderman Schisler, seconded by Alderman Wilson that Rule 36(2) of the Standing Rules of Council be te~porarily suspended and the By-law be Siren the second reading. Carried Unanimously Third Readinn - Alderman Wilson and Alderman Thceson, Carried Uncnimotmly The meetinS adJoucned on the motion of Alderman Cheesnmn, seconded by Alderman Galloway, READ AND ADOI~D, )Sayor / :T FOURTBKNTH ~ETING Council Chathers, April 2~, 1972. i~GULAR I~ETIHG Council mat on Nonday, April 24, 1972, at 7:30 p.m. for the purpose of considering general business. His Morehip Nayor F. J. Miller presided as Chairman. Alderman Smnerville offered the OpeninS Prayer. It was O~I~I~D on the motion of AIdeDnan N ann, seconded by Alderman Thomson that the minutes of the regular metins held April 10, 1972, be s~pted as printed. All Members Council were present with the eXceptio~ of Aldermen Bearso and Wilson. Mr. R. H. Nauser requested permission to address Council on the subject of 'qiigh Rise Buildings". ORIIBED on the motion of Alderman N ann, seconded by Alderman Galloway that Nauser be 8ranted permission to address Council. Nr. Nanset explained that the purpose of his appearance before Council mas to defend the ri~hts of present and future owners of single-family hmnes and hiSh-rise apar~nent dwellers and to ask that such fishes be maintained. He said there was no shortsBe of virgin land within the boundaries of the enlaraed City and therefore no pressin~ need for additional hiSh rise apartments. The ~ vast majority of people, he said, want to see the 8sod quality of life condi- tionc such as privacy, low traffic density and relatively clean air assouinCed with single family subdivisions maintained; only s small minority of the popu- lation prefer to live in high-rises. Mr. Nanear expressed the opinion that hiSh-rise buildloSs are Justifiable only if the locations do not interfere with the written or unwritten fishes of the majority. He presented three proposals for Council*s conaiderationx(a) the approval of a by-law to prevent the location of highsrises adjacent to established single-family unit subdivisions; (b) approval of a by-law to freeee teeshin8 for a specified time period within and adjacent to the boundaries of some of the residentsol areas heine developed; and (c) esCablis~ut of a policy indicating a preference for model highsrise apartment buildings rather than the outmoded '*flat box'* types. His Morehip Nayor Hlller thanked Mr. Nauser for his presentation. UI~XNIS!~D BUgLeRS BENC~ ON PUBLIC 8TROTS Ale PRXVA~ PROPERTY Comn.~21 (Hec.1970) - B'Hei Jacob Sisterhood - Presenting · history of the Alsoeintiona *s undertakinS in tabard to the placement of benches at bus stops in the City; requesting permission to continue the project to the satisfaction of City Council, the Transit Cmmission and the citisena. i~port ~ 216 - City NanaBet - SubmittinS a history of benches in the City and ad~isin~ that the City has no laSsl responsibility tn the Jewish Sisterhood with reSard to benches on City property; c~nting on an maresmear whereby the Sisterhood have given Ttmsaml Max Works the riSbt to place benches on City property. ~R!~RBD on the motion of Alderman Thmmon, seconded by Alderman MarCia that Mrs. H. lfuller be gsanted permissiom to address Council. As spokesman for the B'Hei Jacob Sisterhood, Mrs. Mullet reviewed the history of the Sisterhood bench pro~am since 1961, The benches, she laid, arm lmured and hpt in good repair and the advertssinS is In good tilts. Mrs. Mullet laid that to her kamledSe, the City has mayer found holt with the benches erected by the Sisterhoed for the use of the catinS public. In r~d to benches pieled on private property for advertSeine purposes, she pointed out that the Sisterhood had browShe this matter to the attention of Council and mapnomad their emilera about the tmmbar of henthem being erected on private property, Mr. Mullet said that when Council sirsod to permit the 8istarltood to contiuu~ the bench program, than was no t4-- limit mentioned. b mal7 problm- is tim banshee urectsd by commercial eatarprisnc waneinS to advertbinS their particular emtsblisimnt, ~ollowiti aidetable discusses, it was 0RBlaID on the motten of Alderman hettek, sncomkd by. Aldermn raterosa that the City by*law be amended to prohibit advertssial on bentill at private property other then sisal that advertise the bustmass conducted upon the property ou ehtoh the banoh lip is lusted, if that prolMrty to in a cmmet~idZ, tourist commasial or industrial am; further, that the City MInoSrow'be authorSsod to artshie for the pr~psrsel4m of an agreeant between the City of Niagara PUlls and the B'Nsi Jacob Sisterhood for the supply and placement of 55 benches at various bus stops in the municipality, Carried Uesnimously, A~ O~ I~NH CENTRAL BRXDGB Report # 164 '- City hensSet - Refer~linS to questions raised regarding the status of an application by Penn Central Railroad to abandon the bridge over the Melisnd River. Report #217 -Clty HentSar. - Submittin~ a copy of Order Ho.R-13914 of the Canadian ~rransport Cofnm4selon and a report of Hr.R.terch, Cmmisoloner, to the Bard relative to the public hnsring held December 9,1971. Noting that Cansdish Transport Ca~4qsion have not indicated a specific time in which the penn Central must remove the southerly span of the Niagara Subdivision Branch Line loneted in the former Village of Chippage; advisin~ that it will be several weehe before necessar~ official approvals to remove the span are obUtnnd. OP~RED on the motion of Aldezmsn Thomson, seconded by Alderman Chessmen that r~e report be received and filed. The motion Carried wlth the fOiledinS vote: AYE: Aldermen Somerville, GallMy, Hadtin, t4cKinley, Puttick, Sehislor, C'~esmu, Thomson. RAYE.~ldermen Hunt end 14ann. !ikCI:ENDA BESTAURAIrl~ ,, LUHDY*S I~B Report #35 - Ci IMneger - Re: Addition to Hacienda Restaurant,LundYes Lane, Advising the applicant is ova space short of nesting parking requirements and in paying pert of the cost of the existing LuridYes Lane parking lot under the ..~ Area of Rentfit; advising further that the mmer*s offer to pay the City $500. in lieu of the additional parking space, is within the terms of established policy; reCommendha8 the necessary agreemat and authorizing by-law be prepared. Report #218 - City Naneast - Referring to By-law No.72-36 and an agreemot with F. and B, Viscusi for curtain relief frmn the perkins requirements ~p~n troymerit of $500; advising that, in accordance with instruetion fron the ~ntario Municipal Board, a Hotice of Appliustion was published and one letter -~ of obJectio~ has been received; recmnding that the somamote be noted and the objection submitted to the Board for consideration, ~ Alderran Puttick advised that Hr.Viscnsi objects to a ravided plan which requires payment of $1000. for relief from perking requirements. 1tm Alderman also informed Co~_,~_il that the applicant hem purchased the adjacent property and will now be able to provide additional perkinS apace, It was .~ the oppinion of Alderman Thomson that because of the acquisition of Clam neighbunting property, ltr.Visotmi should withdraw the present application aod submit a new one, ~eBSRBD on the motion of Alderran Thomnn, seconded by Aldemsn Cheesmn that the report of the Clty mneaer be received and tabled for tw weeks for further infomtlou, VXLI&GB NOl~ll IVYHOUSING lapore #152 - planning Administrator * Re: Village North proposal Condomiulum, Noferring to By-law No,72-34 which permitted the sale of Village North tam '3musing dmlopment in eondmdnitu units; recommoeding that the drivenay leading to the Village North Cnadominium project be declared a public street, Report No,Z19.- City Jlaneler - Re** Village North Town Housing and Westerly Batonsion of colborne Street, Recommending that Council approve the u~esrery Byelaw to mothsrise the acceptance of a conveyance of land fron the Nydro~ establishes t · 'Blociris Poser Coesdssica of Ontario end lays out and h o~ 'Alderman Martin, seconded by Alderman men'that the report be restfred and referred to the By-be No, 72-66, l~s sotion Ca~rte~ with AIdes ?uttisk vet. i~J conifer7 and all otl~ta in fayour, Sea ayelee No~72-66 soot Jointly with the Plannim8 aM. Development Committee at which tim tim DRAft ZONXI~ BY-I~W (Cent*d) Report No.220 - City Marm~er - Advising that in accordance with Coontiles directions, arrenSmments beve been made to have the Consultant formally present the draft zoning by-law on Friday May 12th st 7:30 p.m. ;rec&~ending the atCendance of all members of Council. ORDERED on the motion of Alderman Thomson, seconded by Aldernan t4ann chat the report be received and referred to the City Clerk to make arrangements to hold the meeting on another date. C(NOJNICATIONS No. 80 - Nr.L.A.E~. Flyera Hockey Assoc.Ltd. - AdvisinS that the writer has disposed of the Niagara Fells Flyers Hockey Club and franchise and no~ wishes to terminate the contract with the City of Niaaara Fails; the termtea- lion as of May 31, 1972, is in accordance with the provisions of the agree- ment; expressing appreciation for the Ctty*s support and co-operation. CRIBBED on the motion of Alderman Mann, seconded by Alderman Hunt that the c~nication be received and filed. No. 81 - Regional Hunicipalicy of Niagara - Re: Neetins with City of Niagara Fulls. Suggesting tbec members of Council and City staff attend a meeti:~ at the Regional headquarters, Hay 2nd,1972 at 7:30 p.m. for the purpose hearing a presentation in respect to the ~ater System in Niagara Falls. OCher items to be discussed are (1) a letter from the N.R.T.A. requesting improved lighting on P4~rcage Rd. and Hurray St. and (2) a C~miCtee of Adjustment severance by Ontario Hydro of a parcel of property adjacent to Allen Avenue north of Marray St. OR/IRED on the motion of Alderman Thomson, seconded by Alderman Mann thee the comauntcation be received, the date confirmed with the Region and as many members as possible attend. REPORTS No. 221 - Council Cmmittee - A report of the proceedings of a Council Committee meeting held April 17, 1972. A, SANITARY SE~ER lATERAL POLICY ( R~pott'No, 1-CC and Report No.222) CaDRIlED on the motion of Alderman Galloway, seconded by AldermnMann that the decision of the Council Coffnittee ~n respect to a Sanitary Sewer Lateral Policy be ratified by Council; nnd further,the existing policy presently used by the Hunicipality relating to the repair of sanitary sewer laterals be revised~.to provide that ~here · breakage occurs in a sanitary sewer lateral between the property line and the main sewer, the Nunicipality undertake responsibility for the cost of the required repairs. The motion Carried with the follouinSvote-. Aidemen Themort, l~TE~Aldermen Sometwills, Gallmy, Hunt, Nann, l~artin, Schisler,Cheesnnn, !~Kinleyand Puttick. Report No.222 - City Maneear - Renitar~ Sewer Lateral Policy. A ree;-~ of five points to be inclnded in a nc~ sanitary sewer lateral policy; requesting Council*s approval of the prop~ed 8~er ~teral Repair a~ ~iuteM~e Policy. ~D ~ c~ moti~ o~ Aideran ~nn, seceded by Aideran the tepee ~ received and adopted, The ~Cion ~ffied wi~ ~; Aideran 2~ille, Galley, Hunt, ~n, ~rtin, Schbler,C~lmn, ~zAldemn Puttick a~ ~Kinley, 0B/SRBD on the sotion of Aldersran Galley, seconded by Alderman Mann that the desigloo of the Coonell ComiCtee in respect to the ripeire to the equipment used st the landfill site he ratified by Connell and Alder Equipment of Niagara hlls cart7 out repairs to Bollslea fist at aa ellismead suet of eleeeee ~e Report He. 221 (Cent'd) C. AGagE!~!fr T0 ~gP~IT ~il LOiN OF ~ ~CK ~ ~ CO., * ~'~D on t~ ~C~ 0f Aideran Galley, ee~nd~d by Aideran. t~C the decbion of C~ C~il C~dcCee be ratified by C~il .a~ the Z~u o~ a 1938 fire t~k to t~ Norton Co. be pesttOed a~ a by-law authori~/~ t~ execution o~ an 8~emnC with respect thence be app~. See By-law No. 72-67 mm 5 m Rapore (Cent 'd) D. CONSERVATION C0~IL O~ 0WrARZO ORDER/D on the motion of Alderman Harm, meeo~ed by Aldemn ~on ~aC C~ decStun o~ the Call C~tCCee in rennet to the attendance of dele~Cee aC a Conference of C~ C~effaCton C~11 ~or~Co, April ZACh a~ 25Ch, 1972, be ratified by C~11 a~ Aldemn Mtlaon be auChort:ed Co E. R~L ~ A~ ~, ~ 126 - ~G l~ (C~.~1~) O~D on C~ mutton of Aldemn mrCtn, meco~ed by Aldemu ~nn t~ decision o~ the C~11 C~ittee be rattled by Co~ctl Royal CaMdish A~t Cadets o~ HieMrs YalXs be Branted pe~ise~ to hold '* ~a8 ~y8 in t~ City ~ April 218t a~ 22nd, 1972 .... ~ (Coated) ...... ~o.222 - ~m ~ ~velomnC C~iCcee - b:~1/72 ~velo~uts ~d., YC.~.~ts 108,116 a~ 123, fear Stmfotd ~ee ~ack property, An appli~Ci~ requesCiq the ,zoni~ of property ~ ~Crose M. Co pemtC developriO of a residenCbl pX~ of subdivision. Rec;-'-'~i~ appr~al of t~ appleaCid, in pr~iple, subject Co re-desi~ of the uffth- west portion a~ a review o~ the aounC o~ omrcbl defiant. Aideran Puttick re~erred Co the minutes of 8 meCi~ o~ Pla~iq a~ ~velo~nC .C~XCtee held late ~ 1~69 v~rein it ~s noted CbC 8e~ici~ t~ ~onCa~ of the ~uCr~e BMd pro~r~ v~ld ~ c~Cly. ~ AXdemn 8s~d t~ City EnSiMer h~ ah iraCall t~ uec,s8~ se~kes. ~n the City anSiMar replied "it ~uld ~ cost the CI~ ~ cent", Ald~ puttick u~d tht ~,Ro~*s reply be receded. ~ Ch minutes. ~l~D on the *~Ct~ o~ Alde~ ~', 8ee~ed by Aideran Hunt thaC the report of the '~h~ ~ lvelo~nt Caitiff be rbcetVed and adopted, Ho.~ '223 - Pleura aM ~vetaut C~ttee - b: ~tX/72 Wade ~outr~t/on ~d.(Sml ~ Bnte~tUes) ~.~p.~t 187, Xytu8 mouth of l~ RMd,veat 8ide ~chstet iMd. A rezoni~ appXkation to pemtt ~d plan of e~dtvbion eoutm~i~ 2~5 ~elXiQ ~ttm. boaMisS t~t t~ appZkett~ be MbXed s~Ject to 8 outWhim census to an rappried mt~b~rh~ dee/an ~or 226 - Planning and DeveX ut C~tttee - 9a: Official Plan Amendment ~ (AN-X0172 Fennell Reve~m~nta Ltd, ) Huron Street, Rectumending that Official Plan Amendeat No. ~ be adopted by byelay. O~BgD on the mutton of Alderman Harm, seconded by Alderman ~unt that the report be received and adopted. ** ' B A : Aldermen Hunt, Nann, Hartin, HcKlnley, Schislero Hayor Hlller. __:Alderman Gallmay, Sanervilla, Chessman, Themmen, Puttick. He. 228 - City Hans r - Re: ASrs~ment with the Canadian Corps of Cmmissimmires. A~tstn8 that the satcement expired on X~eb.29, 1972 and No. 227 - Planni end Development Cmmittee - Re: C.P.A.C.Conferenoe, Park Notor Hotel, tMy~-ll.1971. Recomosndiu8 that ell mms~ere of the Planning and Development Cuedteem and tun Plannin8 Department staff members be authorized to attend. OR~RgD on the motion of Alderman Harris, seceded by Aldenran Harm that tIM report he received and adopted. ~he motion C~rried with the follo~in~ vote: that the only thanSee suggested in the new eSteemeat ere in respect to eases. Tim new marcement will provide a rate of 2[;3.2~ par hour for the patrol sergeant end ~2.50 per hour for a meter marshall; recmmendin8 that Couuci~ approve the appropriate by-law authorizing the execution of an agreement for a further one-year period. 011SS/D on the motinn of Alderran ~homson, seconded by Alderman Hunt that the report be received and adopted. The motion Carr.ic.d with Alderman Puttick voting contrary and all others in layout, See sT-law Ho.72-6~ No. 229 - City Hansget - Re: Dispemal of City-eased properties, Recmnding that the City Clerk be authorbed to include the properties enumerated in the report is an advertisement solicitin8 offers for purchase. (lllm~D on the motion of Aideman Schtsler, seconded by Aideman Gallo~my that the report he received and adopted, He. 230 - City Hansget Re: W-5-1 and g-5-2 Watercourse Improveas and Proposed Repropriations. Rectumearlier (a) that Council approve the upropriatiou of the lands described in* SChedule '*A" sitached to the report; (b) that the Mayor end Clerk be motherased to execute the required certifi- cates of approval under The Bxpropriations Act; (c) that leave be granted for the introduction of the eapropriation by-law; (d) tlmt the City Engineer be authorSsad and directed to have a plan or plans prepared showing the lands to be aspreprinted for registration is the Registry O~ftce pursuant to The Expropriatione Act end (e) that the City Clerk be authorized and directed to execute mud the City Solicitor be authorized and directed to serve/the Qotice of expropriation required and such notices of possession that my be required to obtain possession of the expropriated lands. · ~ItDIWJD on the motion of Alderman C,~lloway, seconded by Alderman l~lemson that the report be received and adopted. ~ See Resolution No,~ to a density in conformity with the O~ficial Plan. he he : tie. 231 - City Hansget - Be: HcLeod Road Storm Smear Extension - Employment OIBIW on the motion of Alderman Hast, seconded by Aideran Hunt t t t report be received and adopted, .. ' ~*1 ' ~ Practices, A~vising that accordinS to infermarion received from the R.V. Anderson Associates Area HasaBet, Hr,J,Conlin, it wold oppesr that the He. '22~ ~ '~Xannlng and DaYeXcrement Cmmittee - Re: AN-t2/72 Soutlmiuster ~ conditions of the contract ere being met by the contractor. Centmot{at United Church, Lots 5~,~S sad 56, H.P. 13~, fist side ..HaMt Ave, Aldercan Thomson expressed his dissatisfaction with the report and The .appltomt.t proposes to emil three lots fur sinlie family residential ~i.]./ noted that there ere discrepancies in the report as competed to isleration purposes .sad resortSol from institutional to ginlie Family Residential is he had received from m looel libouter, a union ~ficial and a representative required; racemending that the sppliontion be spproved sod the City CumuLI certify that the application ~onforms to the Official PIa_U Amendment Mo,28 Of the Hangars l~lis Plannin~ ArM, 01Died cn the notion of Aidsran Harm, .macondad hy Aldarma~ Galloway that the rapozt he rnesivsd and adapted, 8me Itemelation No~63 Mo, 21~ - Piesnine and slant Cammitt , Re: Revised Plan of 8ubdivialen To21089 ~rehster hrk~temion (~/7~ ~t.~.~t 178, eat side ~r~b~;sr' ~,, ~tb of ~b~ I~d, ~is~ tbt ~ sppti~t be s~- ~tgd ~ rov~ tad Ntte~; rmom~iq t~t t~ r~ised phn be tabled aliarot to 89 m;isble p~u be~ eor~d Nt ~t mix t~ ia~ dml~re ~ ~ld not ;rejOice t~ plan ~iuly mpprmd, ~ M ~ mt~ of Aideme ~, me~sd by i~e~ ~n t~t t~ neenee of R.V.Andereon Assoolates, eW~JID on the motion of Alderman Thomson, seconded by Aldermen Hunt that the report he received and tabled for ~urther clarifieslion. I s Advising that before s Building Penair can be issued, it is necessary that the Bite plan, xe mended, be spproved by the City Comeit; teesamending that Council sppr~v~ of the changes to the Sits ~lsu emd the eitabltarment of s am feet path from the bus stop at the elSqaer of Sinedale and Dorchester load to the parkSol lot, OWlcaD on the notass of Alderman Galley, senuntied by Alderman Chmelmen that the report be received sad adopted. Yae lineion ~rtia~ with Alderman bt voti~l soat~y and sit otlmtm tu fsv~e.. Reports (Coot'd) Ms. 233 - City t4anager o Re: Requests from various orasniz·tions.Reo~ndinS (1) that the week of Hay let to by 7th be proclaimed :as 'icepact for Lau Meek" as requesed by the (~timist Club. (2) that the week of Hay 13th to Hay 20th be proclaised as 'Flag Week" as requested by the Wia~ara Fx~e~tiom Assoclatiwe. (3) that the Boys Scouts of Caned·, NiaSat· District Council be St·riled pate·salem to hold Boy Scmxt Apple Days on Hay 12th and 13th. (4) that the United Notions Asset, be Slanted permission to hold a t·g day on Saturday, Septmnber 16th. (~) that the request of ~ri I~sppa Y of the Y.W.C.A. to hold a Bounce°a-then h ow April 29th on gt.01air Ave. adjacent to 'the Mweolu Trust ~ildi~. (7) that the request of the Canadian Society of Nod·slog·tel Technicians the hooting of conventions, conferences, receptions, etc. (8) the approval of · prweZstion ~ot Selv·tion Army Neck, · civic reception in Centennial Sqnnte and the attendance of Hie Worship Noyor 14iller or a representative at the hand prestos on June 3rd, be approved. (9) that the request of the North Nova Scotia Highlanders Hereof Club to hold · parade on Roy 13th be apptoved. CalF, RED on the motion of Aldema· HcKinley, seconded by A~dermn Norm that the topsit be received and adopted, NO. 234 - City Hansget - Re: Four-Nile Creek Drain in Town of Niagara-on-the- Laha. Advisin8 that the Four-Nile Creek drain ·ccepts drainage from a fairly larat are in the Town of RiaSara-om-the-the'Lske as well as a cart·i· portico of lands within the City of aia~ara Fails; not·aS that the Land lnclndnd In the City of Wh Sara Falls is generally located south of the north tam li~ and between Dorchester Road and Stanley Avenon; advising that certain land owners Matbin the City of HisSara Falls, the !tin·airy of Transportalien and Coummieatious, the Regional Nunicipal~ty of Niagara' end the City of HisS·re F·lls will be assessed certaIn charges; suSaesting that the following act·we be taken,. (1) the City Clerk establish a Court of Revision to hear abject·one from those landowners withIn the limits of the City of Niagara F·lls. (2) the City Clerk notify each of the land meets within the City of the impend·aS Court of Revision. (3) the City submit an objection to the Court of Revision to the amount of laud indicated in the 8chndale of Assesswent section of · report by R.Blake Irwin end AssocIates. (4) that the Regional Hanicipality of Niagara be notified of our abject·on · nd the reasons therefor. (S) that the Tam of Wia~sraoan-the-iake be weds ·ware of Count·lea act·o·. OR!leaD an the mot·we of Aideman Galloway, seconded by Alderman Hattin that the report be ream·veal-and adopted. ~o. 235 · City Henczar - He: Petitinn from Residents of Laura Crescent. blttinS to a petition in respect to a rest yard drainap prublom end hesesmmt flood·n8 caused by surface rimeoff and Found vetmr infiltration, SuSpstinS time the frqQ~eu~ floodinS of an owldoor skating rink on the ' pre~etty of Hi, A,~rauoo, 6614 bh Street Mould cowtribute to the heemnt flood·hi problmmi poInt·hi owl tlmt while the elimination of the rinks or tim lmmtmllmtima of m rmmr yard natames·u, showld help to loser the present water table, soma vetat infiltration eowld still occur bm~aoam of the lath of map·uS tile stead the heroes ou lauxs Crescent. ,n,,t, or..";:d..,r,,tiun o, th..re..nd. by the cmmt~tion of cltebbaniae to eitksr drain the mar to an exist·aS crumbawed seer on Lame Crescent or to provide drainmira to · 2~,, dater stem may on Ash StYant. Xt hem Immewally hm~t ~oti~y that the Cat7 pry for the installer·an om rowd allowance mad tim hemsmature ~my for installaltos an private property ow a eomt-sheriq hasis. N~.bm and the petitteSta tmve indicatnd that the~ mid Mt k willinS to I~Y any portion of tim ascii revolved. The City gqiwesr indicated that drainaim to Ash Street weuld be preferable. ~D om the m~tion of Aldermare Galley, samceded by Aides Bent that the repo~t be reonived mud sopits be citouleted to the petitioners together ~lth tun eotlslte of the test of the vetLout alternatives nod the appotCiee,. mM te IM slaM. by both'the tatMMsy~rs and the Corpseslion, b mot·ore ~ with Aidsman l~ttimk vet·me catrat7 sod all ~tlmn in kw~r, eeeeeeeee Reports (Cent*d) No. 236 - City r4anager - Request·n8 approval to call tenders for Hot 14ix Resurfacing; Dorchester Road Storm Sewer from NcLeod Road roBcuRiae Street; Curbs and Cutters, Surface Asphalt end Sidewalks in the Haado~vale Sub- division, the Callstin Subdivision and Usaher Street; Sidewalks in the Niltab·re Extension Subdivision and Sunales ,Crescent as ~ell as Local Zmprovemnt sidewalks for which O.M.B. approval has been received; Base Rood Construction in the Qtmenswey Cardens Extensions Subdivision. ORDERED on the motion of Aldermn Runt, seconded by Alderman Schisler that the report be received and the requested authorization to call tenders be approved. NO. 237 - City Hanager - Re: Haid of the t4ist Parade. Rec~,-,~uding that the Municipal Float be entered in the Haid of the Hist Festival Parade. ORDErliD on the motion of Alderman Harm, seconded by AldermanHattan that the report be received and adopted. No, 238 - City HaueSer - Re: Hanicipal Fire Department Instructors* Asset. Second·n8 that the Chief of the Training Division, John A. Herr be author·ned to attend the Conference to be held in Hamilton, Hay 29, 30 and 31st,1972. ORDERED on the motion of Alderman Chesswen, seconded by Alderman Galloway that the report be received and adopted. ~ No. 239 - City Hamget - Re: Ontario Traffic Conference Anntel Hast-InS, Windsor, Hay l~th to 14ay 17, 1972. Not·n8 that Aldermen Nilson and ticK·riley as well as the CityEngineer and City Traffic Engineer were previously ·ppoi·ted to the Ontario Traffic Conference; reconnendin~ that the Ontario Traffic Conference be notified that the City*s four delegates will be Alderman HaKinley, Alderman Nilson, R. A. Lamb and Constable James Healey, Traffic Safety Officer and that these fo~r delegates be author·ned to attend the Annual Heel·ha. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hartin that the report be received and ·dopted. The motion Carried with the following vote: AYE: Aldernn Somerville, Hunt, Harm, Hart·n, ~K~"~'~'~, Schisler, Thomson. tlYE:AldermenGalloway, Fattick and Chessman. Re. 240 - City Hansget - He: 1972 Park Reservations. Reccm~udin~ that reservations for City parks as co·rained in a schedule attached to the report, be approved. ORIIRDD on the motion of Alderman Hart·n, seconded by Alderman Harm that the report be received and adopted. leo. 241 - Lottery Licensing Officer - A request of Notre Dam College School ~ot approval of a raffle lottery to be held in the City of Nelland; advisin8 that before advertisin~ can be placed in the Riaaara Falls Review, a letter of approval from the City Council is required; rec~,~ending that Council approve of the appliuatiom and indicate th·t they have no object·o· to the propssad advert·sinS. ORDERED on the motion of Aldeman Runt, seconded by Alderman Galloway that the report be received and adopted. No. 242 - Lottery Licensing Officer - Application of the Hamilton J~ycee Stadium Turf Fund to sell tickets in the City in cmmeotiua with a lottery to be held in !~nilton; reconmnding that since the local organization will bewefit by retaining 20% of the cash value of the tickets, City Council approve of the request. 0RIM!~D on the motion of Aldermanln, seconded by AldermsnCallowsy that the report be received and adopted. The mot·o· C·rried with Alderman Chesswen voting contrary and all others in fayour, No. 2~3 - LetterF Liceheine Officer - Recomnendin8 approval of applications to wennge and conduct lotteries. It was moved on the motion of AldermauPuttick, seconded by Aideman HaKiuley that the application of the Nan·mrs Prowscion Association to sonduct a binas a m me st the Nisimra Falls Hem or·el Arena on Hay be denied. The mot·saw as Defeated with the following vote,. A'~,. Aldermen Patrick and ~ ~Aonld. eman Soma~vitle,Gallmmy, Hunt, Henri, Nortin, Schieler, Chessman, ORII!~D on the motion of Aldermmu Thomson, seconded by Alderman Haun that the report of the Lottor~ Licensing 0f~iGer bm received and .ad~ted. ~ ~ zAl~mn ~tt~k am ~X~tey, D on of Alderman t~ann, seconded by Alderman Somerville that the report be received and adopted and the licehues granted, ~o. 245 - Cit~ )ina~er - ReconnendinS pa)qnent of Nunicipal Accounts. ORDE~b on the motion of Alderman Hun~, seconded by Alderman 14ann that the report be received and adopted. RESOLUTIO~ t/o. 43 - )iNN - CALLG~Y - RESOLVED that theCouncil of the Corporation of the City of Niagara Fells certify that the application of Soutlunin.kter. Centennial United Church, Lots 54,55 and 56, R.P.135, east side of HaSera Avenue, conforms to the Official Plan Amendment No. 28 Of the Niagara Falls Planning Area as ~r~-nded end cpproved by the 14inister of 14nnicipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 6~ . GALL0~AY - TIK~O~ - RESOLVED that the Council of The Corporation of the City of Niagara Falls, as cpprovin8 authority, approve the expropria- tion of the lends described in Schedule "A'~ attached to this report; AND I~RTHER, that the 14ayor and Clerk Be authorieed to execute the required certificate of approval under The gxpropriaCions Act; AND FURTIIR that leave be granted for the imtrnduction of the ~xpropriation by- law; AND FURTHER that the Cit~ Engineer be authorized and directed "~o have a plan or plane prepared sho~inS the lands Co be exproprieCed for registration in the Registry Of£ice pursuant to The Expropriation8 Act; AND FUk-~tilt 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 by The Expropriatione Act and such notices of possession thee my be required to obtain possession of the tapreprinted lands; A~D the Seal of the Corporation be hereCo affixed. Carried Unanimously No, 45 - NCKINIEY - NARTIN - RESOLVED that a message of condolence be forwarded to the fmnily of the late bfr. James ~hite, a respected resident and foxmet Alderran of the Hunicilmlity; AND the Seal of the Corporation be hereto affixed. : Carried Unanimously No. 46-- CHEESt4AN - TH(~SON - RESOLVED that a eelage of coMelance be fouarded to the f~ly of the lace C. F. A~ey, a ruspecced resident f~r D~tricC ~pecCor, ~Catio Pr~i~ial ~olice; ~ t~ Seal ?~ the Coloration be ~reco Carried 14o. ~7 - talON - K~RTII; - RESOLVED theC a message of condolence be forwarded to the family of the late Dr. A. B. Saillie, a respected resident of the Municipalit-/for many years ~ AND the Seal of the Corporation be hereto affixed, ,; -~. Carried Unanimously REM BUSltiSS 14cI4ICK~G ST. - ST,PAUL AVE, Itr~REECTIOH At the sngSestiou of AidsEmen Hartin, the City Traffic Engineer Mill investaBate the hazardous condition at the intersection of St,Paul Ave. and legNicking St, The AidaM drew attention to the necessity for vehicles to ease ones St,Paul Ave, free HcNickiu8 and the position of several trees at the intersneCicn, Alderman HerOic reported that residents ou the South eida of North Street are comphimiuS about tmspical employees wh~ park on the street all day rather than use the hospital eruptsyen* parkin2 lot, llm Alderran suaVelied that the City Traffic anSimar consider the possibility of · two- hour perkinS restflatten ~u the mouth aide of North Street, HIltINn PBACTICES - LOCAL LABOURERS Alderman Th~nson reiterated his concern regarding the number of local workers ~loyed on municipal projects particularly in view of the fact that contracts awarded by the City specify that, where possible, local labcurate will be hired. He suggested that similar provisions should be included in contracts undertaken by the Regional Hunicipality of NiaSara. OI~RED on the motion of Alderman Thansun, seconded by Aldex~an theesmart that a resolution be prepared for submission to Council requesting the Regional ~unicipality of Niagara to provide that in contracts employing skilled or c~..~on labour, a provision be inserted that at least 60X of those so employed shell ~e residents of theRegional Municipality. Alderman Thomson also snggested that the municipality investaBate the possibility of requiring the contractors to supply the names of the workmen enSaged under any contract with the City indicating those persons who are residence of the municipality. PETTIT AVE, - C.N,R, CROSSING Alderman Thomson questta~tthe progress being made in establishing a pedestrian crossing at the Pettit Avenue Junction of the C.N.R. ri~ht-of~ may. He also questioned the erection of a chain link fence at the crossing and indications that bus service will be provided to transport children to Cherrywood School, n distance of one and a half miles. ORDERED on the motion of Aldermn Thomson, seconded by Alderman Chessmen that admimictrative staff review the situation and report to Council the progress being made in this respect. C~4PIAINTS RE: HEATING OF RENTED ACCO!4~DATION Alderman Puttick qnastionad if the municipality had a by-law nstsblishing minimum heat levels for rented acccemodation. In the discussion which followed it was pointed out that a nei~hbou~inS municipality had such legislation passed in accordance with a provision contained in The Fmnicipal Act. O~OED on the motion of Alderman Puttick, seconded by Aldermsn l~ann chat staff bring in a report and a proposed by-law providing for the setting of manimam heat requirements for rented accountdeaCon. BBAR YARD DRAIHAGE PROBLE!4S Alderran Puttick reported that he had received a ~;*~ker of co~laluts relative to rear yard drcina~e problsme mentioning in particulsr a condition on Wiltshire Blvd. The Alderman qnastinned if c provision could be mde in the Subdividers* Agreements ~hereby a deposit would be required to Cake care of any drainage problems ~hich might arise. The City Solicitor suREmeted that this itme could be included in any discussions regarding rcviciona to the City's Subdividers * Agreement. ORIIRED on the motion of Alderman Puttick, seconded by Aldermn l~artin that the City 14annSet be requested to bring in a report with regard to the ~/iltshire Bird. draimeSe problem and the possibility of amending the City's subdivision policy in order to provide for a deposit by the developer to cover auch items as drainaSs which might occur after the property is developed, RELLEVU~ STREBT CLGSlNG In reply to a question by Alderman Puttick, the City Engineer confirmed that the mouleipality Mill be calling · contract for the extension of Valley Way to Bellovuo Street, Hr, Rodman said thee it is necessary to finelist an aBrammeat with the )linietry of Transportation and Conmmnioatione anteBard to funding and the construction will be done Chic augmar, dY (~hird bad , i ~btrd badins - Aldemn l~Xinl67 and Alderman Chessmen, Carried Unsnis~usiy oooo0o 10o - 10 - By-IAWS (Cent*d) No. 71-157 - A By-law to authorize the construction of atom sewermains as extensions to the existing sewage system in.~.Cbe Urban Services Areas. Third Readies - Alderman 14artin and Aldornmn Mann, " Carried Unanimously HU, 71-168 - A By-law to authorize the construction of certain works as local improvenuts. . !. Third Readies ,Alderman t4cKinley and Alderman Schialer, .Carried Unanimously No. 72-6& - A By-laY to designate a certain area as an imp.~ovement area° (Queen St.area) (T~o Readings oely) OR/X~BED on the motion of Alderman McKinley, seconded by Alderman Mann that Alde~..~n Schisler be Branted the privilege of introducieS the By-law and the By-law be given the first reading, Carried Unanimously ' 11 By-law No.72-67 (Cent*d) ORDERED on the notion of Alderman Runt, seconded by Alderman Cheesean that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimousl~ Third Reading - Alderman Runt and Alderman Mann, Carried Unanimously .1qo17~-68 - A By-law to authorize the execution of an agree~nt with the Flintknit Co, for surface trenchant of roads. Om~RED on the motion of Alderman Schisler, seconded byAlderman Hunt that Alderman Somerville be Branted the privilege ef introducin~ the By-law and the By-law be 8ivan the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Somerville, seconded by Alderman Rent that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimousl~ ~ ORDRBED On the motion of Alderman Schisler, seconded by Alderman Cheesean the~uie'3~(2) of the Standing Rules of Council be temporarily suspended and.the-By-law be Riven the second reading, ~ · ".'~ Carried Unanimously HU. 72-65 - A By-law to authorize an aZreennt with Canndian Corps Cmmispionairns, '.> Omne~ED on the motion o£ Alderman Martin, seconded by Alderman Somervil!~ ~hat Alderman Hunt be granted the privilege of intrnducins the By-law and theBy-law be given the first reading, Carried Uhani~notmly OREEKED on the motion of Alderman Runt, seconded by Alderman Mann that Rule 36(2) o~ the Standlug Rules of Council be temporarily' suspended end the By-law be given the second reading. The motionCarrie~. with Alderman Furtick voting contrat~snd all others in fayoat, Third Reading - Alde~an Schisler and Alderman Hunt. The motion Carried with Alderan patrick vetinS contrary and all ethers in favour, ~o, 72-66 - & By-law to authorize the acceptance of · conveyance and to lay ~tablish land as part of Colborne St. .~ aIDERED on the motion of AtdermmnMarti n, seconded by Alderman Hunt that Alderman Cheesean be Branted the privilege o~ intrnducinS the By-law and the By-law be given the first reading. I °, ~ Carried Unanimous Y ORDERED on the motion of Alderman Cheesmn, seconded by Alderan ] !eKinXoy that Rule 36(2) of the Steadies Rules of Council be temporarily suspended and the By-law be 8ivan the stoned reading, The motion Carried -j with Alderman Puttick voting contrary and all others in fsvmxr, Third bedinS - Alderman Thanson end Alderman Hunt. The motion~Ca~ie,4 with AldermanFuttick voting contrary and nil others in layout, Report Wo,219 - City Manager - He: Village HorChTmmHonsiqand. WesterlY Extension of.Colborne ~treot. .'..~' ":.. OXDaFaDonthemotion..of AldenmuM anne seconded by AldermnMartin that the teport be receive end filed, ~alIED on the Retina of Alden Mallriley, aMosted by Aldermen lobinlet, that Aidsees lot be Irmoted the leivileBe ef introducing the" By-law be lives tim t~eet ~mitol, e,,eele4 Vmatmously l Third Reading - Alderan Runt andAlderman Mann. Carried UnanimouslZ No. 72-69 - A By-law to authorize the execution of a site plan eSreeeant ;Construction) ORDERED on the motion of Alderman Martin, seconded ~Alderman Runt that Alderan Mann be granted the privilege of Introducing the By-law and the By-law be given the £irst rasdin~, Carried Unsnimou~l~ ORDERED on the motion of Alderman Mann, seconded by Alderman Runt that Rule 36(2) of the Standing Rules o£ Council be temporarily suspended and the By-law be given the second reading, Carried Unanimously Third Reading - Alderman Somerville and Alderman Runt, Carried Unanimousl~ He. 72-70 - A By-law to ennd By-lawNo. 2530, 1960, of the former T~mship ~rd, non in the City of Niagara Falls, as amended. (North side of Th reid Stone Road) o Oit~KED on the motion ef Alderman 14cKinley, seconded by Alderan Cheesean that Alderman Thomson be Branted the privilege of introducing the By-law and the By-law be given the first readieS, Carried Unanimously 0RDSB~D on the motion of Alderman Thomson, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be t_m~.orarily suspended and the By-law be given ~he second reading, Carried Unanimousl7 Third Reading - Alderman t4artin and Alderman Hunt, Carried Unanimo~ly No, 72~71 - A By-law to aonnd By-law No, 2530, 1960, of the £ormer Township of Stamford now in the City of ilaSara Fails, am amended, (qusensway Gardens) 0RDE3/D on the motinn of Alderman ~clinlay, seconded by Aldetman 8ohiotar that AldermuM stile be Bunted the privilege of introducing the By-law and the By-law be Riven the fitit teedial, Carried Unanimouel~ ORlimeD. on the motion of Alderan Martin, sennadad by Aideman Jeliuleythat Rule 36(2) of the Standing Hales of Council be teWorarily sumpeuded and the by-law be given the second reading, C~rried ensnlmOns~r - 12o By*law No.72-71 (Cont*d) Third Reading * Alderman Hunt end Alderman Somerville, Carried Unanimously No.72-72 - A By-law Co provide monies for general purposes. ORI~RED on the motion of Alderman Bchisler, seconded by Alderman Cheesmn Chat Alderman Bartin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously OPalRED on the motion of Alderman Bartin, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - A~de..t~nanBannand Alderman Thomson. Carrind Unanimously ORIIRED on the motion of Alderman NcKinley, seconded by Alderman Thomson that the meeting adjourn to Committee of theM hole. READ AND ADOP~D, Bayor * 13 * COUNCIL ~EETIt~ April 24, 1972. Council reconvened in open session following the Committee of the Whole meeting held April 24, 1972. All l~embers of Council were present with the exception of Alderman Bearss and Alderman Wilson. His Worship Bayor F. J. ~Ltller presided. The meeting adjourned on the motion of Alderman NcKinley,saconded by Alderman Somerville. READ AND ADOP~D, CO~NITT~B OF T~ WHOIZ Couxnittee Room#l, April 24, 1972, Council met in Coe~ittee of the Whole following the regular Council meeting held April 2~, 1972. All Members of Council were present with the exception of Aldermn Bearss and Alderman Wilson, Following consideration of the items presented, the Co~nittee Of the 14hcls arose without reportin~ on the motion of AIdexpert N ann, seconded by aldsnasuBartin, AND ADOI~D, .J '1 FIFIEENTH !~rrlHC Council Chambers, Nay 8, 1972. REGULAR )tETIN~ Council met on Honday, April 8, 1972, at 7:30 p.m. for the purpose of considerin~ general business. His Worship Nayor F. J. Hiller presided ns Chairran, Alderran Galloway offered elm Opening Prayer. All members of Council were present with the exception of Alder~qn Bearss. It was ~RD~RED on the motion of Alderran Naun, seconded by Alderman Wilson that the minutes of the regular meeting held on April 24, 1972, be adopted as printed. nfPUTATIONS Hr. J. O'Brien appeared before Council on behalf of the Business end Industrial Growth Cmnittee . He reported on the success of the Industrial NanJger*s recent trip to Germany which resulted in a ~roup of German industrial- iats comin~ to Niagara Fells to acquire property and to esteblish industrial uperatiomafor the purpose of testing the North American market. Mr. O*Brieu said that as a result of the 4,~.lemen~ation of the u~elle report and subsequent studies that have been conducted, the Industrial C~.-~.tetae has many reasons to be enthuelesti~ and optimistic about the business sad industriel developments in the Nanicipality. He stressed the importsuce of providing facilities that zre, needeS for modern-day industrial operations and to set up industrial facilities on a small scale as a teat merket. )Jr. R, Cobb, a represent·rive of the Battelle Institute ~ms granted psmaiaeinn to address Council on the motion of Alderran Hartin, seconded by Alderman Nann. Hr. Cobb said ha had been asked for sane objective opinions about the facilities elms are avail·bit within the City for industrial developmat. He referred to the initial industrial report in which · particular function was rscmnded ~ich would tie in with the ~t~e devel~nC o~ ~he s~h-~st i~tr~l d~CricC. In talki~ abouC ~d~trial develo~n2, ~.Cobb said, it ia also necessa~ to talk ab~C cmrc~l, res~enC~l a~ oe~r ashcOs. expressed t~ ophion the multi-purposes w~ld be best f~ the distrkc a~ he cmu~ed ~ the ~ed to establish i~trbl i~aC~ s~ce to aec~aCe the ~mn corporatio~ connected by c~ I~cr~l ~na~r. tim, he said, will not be willing to p~c~e larks ~rcels of h~, but rsc~r will seek i~ator space ~ hue s~ce i~obi~ als capi~l i~es~nt the outset, ~. C~b said the as a rusulC of ~. ~8~'s recen~ trip, b ~nt to co~lder the p~s~iliey of pr~idi~ s~ce for the ~mu c~oratio~ on 8 l~ted scale ~iCially. It was ORDERED on the motion of Alderman Galley, seconded by Alderman Hunt that the first ccanunication on the ageads be brought forsmrd for considera- tion at this tires. CGM(. # 82 - Select Properties Limited - He: Niagara Square, Queen Elia·beth ed~. and NaLeod road.' Advisiu8 the the f~ ~s nw been aueh~ed ~o co~t~ce a mlti-ee~t ~utrial buildi~ f~ oWletton aeth s~ t~ ns the first phse of the oh~pi~ centre; s~isi~ also t~C ie b ·leo pr~ed e~C a ~rauzeed ~nt of ~2~0,~ secured by cub ~ letter of eredie wuld be i~l~ed h a~ daispores s~eaut helen t~ C~y ~d t~ City Co e~ure t~ ~rf~ce of the fi~t p~se facilities, Mr. O'Srich referred to the statement in the communication reSetdinS the proposed industrial buildinS of 25,000 sq, ft, and the need for · maUlyet to easier iu the.develqnmnt of the industrial quadrant. He asked that considera- tion bs given to heyinS · hearinS '*in concert' with Cannel, Niagara Sqtmre sad other eppliaanrJ to protect the City*e t~dustrinl opportunities. Mr, Warren Scott, Executive Vice-President of Select Properties, was Ireneed pemaiasion to address Co~m~il on the motion of Alderman l~ttick, seconded by Aldersan Shoeson. Mr, scott Hid that it is pro;need to ao~stru~t the industrial facilities on a 3-sara site directly ·cross t~he red frm the shopping centre in the first phase of tim development, h 25,000 eq, ft, buildinS, estimated to coat 0300s000, un be divided for slier industrial uses, ~arkinS, snow alestin4, landscaping, exterior exiutemauce, ere, will be heedled by the doveleper. Mr, Scott said thee Sslsat Properties ere prepared to cmsit themelves to the industrial building ms well ms poetin2 · $250,000 guarantee bond for the first phase of the devalqmmt, -2- )ft. M. Veuehan, Solicitor for the developers, c_o_~euted on Eke policy iuver4ably used by the Ontario Nunicipal Board in not epprovin8 more shopping centrag then the market will clearly support. l~ae O.M.B., he said, in a number of cases, have not appreved shSpping ca·tree in municipalities unless clearly earrented end viable frOG a market point of view. Niagara Square, he said, is a complete industrial, comaFatal development with · skeppio8 centre component; 'that component brinks the policy of the O.M.B. to bear end the application of the policy may "scuttle*: Niaksra Square. The developers had hoped and planned to obtain tke approval of the City before the hearin~ date of the Cannel application was set but the required market study which ~as scheduled to be received in early February has not yet been completed. Nr. Vaughen said that Niagara Square has submitted an epplicaEion for approval of a plan of subdivision to the Department of Idunicipal Affairs and that HisSarm Square would be in a position to proceed within sixty days from Nay 2gth, the date of the Cannel hearing. He stated there is · strong likelihood that the Cannel application will be approved and the consequences of the approval without couaideraCion of the Niseara Square proposal, are plain and inescapable. Iliaears Square, ha said, will not be approved because it has a shopping centre so part of the development. 14r. Veughen asked Council to pass · motion requesting the O.M.B. to hear and decide both HisSara Square and the Cannel applicatioP~ together. Aldernun Galloway created on Council*s commitment to Cannel who Mare **left waiting in the wingst' for two years. .1lie Alderman suggested that the O.!t.B. would kava no Jurisdiction to hear the application of Niagara Square at this stage. It was then moved by Alderman Patrick, seconded by Alderman Hunt thet Council authorixe Nayar Htllar, the City Nauager, the City Solicitor, the City Engineer, toeether with H~.J.Clement,H.L.A., to xpproneh the Cheirman of tke Ontario Nanieipal Board to advise him of the situation in Niagara Falls and the opportunities availebh to obtain industries and several 8hopping centtea and ask that consideration be give· to both the Cannel end the NiaF. ara Square applications. Couaiderabh discussion followed presentation of the motion. Alderman Naun referred to Hr. VanShunts Statement that Minkera Square will net be pre- pared to present e brief to the O.M.S. until siaty days frOG the date of the Cannel kesrinK, Nay 29, 1972, end, in hie opt·ton, Sinkern Square were actually asking that the Cannel hearing be delayed for sixty days. Hr. VanShen replied thet if the motion ia approved, Hr. Kennedy, Cheirmsu of the O.14.B., may decide thet the application of HisSara Square should be bronShC f~vard in its present state with only the evidence presently available and both applications would be hoard ou Nay 291h. Xn reply to · question by Aldennan Callo~sy, Hr.H.R.Youna, City Solicitor, advised that as a re.ale of requests by the City for an early hearing, the tityes application in respect to Cnunai wiII be heard on Nay 2~th. The Fines for Courttiles presentation, ha satdo is before the O.H.B. at a public hearing. Hr. ye,_,~_o_ could tee us need h sendin8 a delekstion to tke O.H.B. prior to the German hearing. Alderman Themson sueSmated thet if there mas any possibility thet the O.M.B. ~ould kear both the Hiskern Square and tke Cannel proposals at the e"m tim - then the Canedit epplicntinn should else be included. Alderran hCtiek explained thet the Latent of Cha motion mas not to soppart the presentation of Hiskern Square hut rather to suppor~ the Business . and lade.trial GrOGCh Counties and tkeir elfarts to develop the southcrest industrial st.lion of tbs City. The motion On tke floor, and as presented b7 Aldemsu X~ttick and Aldnrmmu Hunt Mms CARe D ~ith the follovi~ votez ~ on tke motion of Alderman Hat, macondad by Alderman 8chislsr theC the o0mmunt~ation taeaivsd ~ Betsot t~opertiss IAsited be retired and flied. '1 UMrlNISID BUSIHESS CANADIA ff/AGARA PALLS Report ~266 - Planning and newel nC CmmiCtec - Re~ AM-3/72 Cauadia Niaksre Falls Led., Pt. ZVp. Lots 107 and ~ eeoc side of Dorckester Rd. Advising Chat the applicant has submitted revised plans removinS all reference to the lands ecst of Pettit Ave. which were ariSiually intended for apartment unite and, in eddieion, hem removed all community uses; advising farthor that the proposal now relates only to the shopping plaza section of the development end that L~o additional obJactimas keve uov beeareeeived; recmndinsthat us action be taken on the Caumdin applicationuntil a decision of the Ontario!4unicipel Board hearing for Cannel has been received. CalIBZD on the motion of Alderman Hunt, seconded by Aldermsn~hcmson that)IF, LJuselin be granted permission to address Council. Mr.Jcaelin appeared as spokesman for the Pettit Subdivision Residents Association. He said Chat while tke residents of the area were grateful that the imediate threat of aFarmeat buildings had been removed, there rained the possibility Chat the developer could, in the future, apply skein far ~ Fezsuing, XC should be made knmm, ke enid, vlmt the developer plans for the area east of Pettit Avenue eo theC homesseers in eke area are noC subject to constant threat. The sleeker referred aksinto the traffic and access problems and soBSmeted theC if tke proposal is approved there should be no outlet once tha emteualon of Petite Avenue nor shonld CarolynAve. be extended right Chrouah. Nr. Joselie expressed eke opinion that it would not be Seed to have another lo~aX type shopping centre similar to the Tmm end Country plaza. Oe~RBD on eke motion of AIdemma N arena and Alderman Galloway thet tlr, J. Pannaehntti ke 8ranted permission to address Conrail. ~.~ennaehetci took exception tO the statement that the Cauadin proposal ~aa for s *aletel type shoppins plaza** pointins out chat if Canedin had intendedto build the IeksI interpretation of a local shopping tenors, there would be no reed to appear before Council as eke company mould hevea perfect rtShC to build such · eouphx. The speaker ainu referred to a recent ruliu8 of the Supreme Create which .described as "regionel" a propused developmaC £~r an ulCimte 675,000 eq. ft of cmmorcinl shopping on a site ten acre" less tken the property Co be re.sued for Canedin excluding the area east of FeetiC Ave. Xn respect to the assSeated probless aC the sourkern Recess to the property, IMnaehetti poimced o~t thet access could else be ksined by crewelling south on Dorchester Road. Canicy uses, ha said, Mare included in the proposal st the zuSSreCion of pieulna amuultants who couidernd Chat camslay-type buildinKs would he s 8sod adjunct to the orsrail plea sad, insether with eke spermeat buildireS, would act as · buffer between single fsaily and conartist arms. The applicants have now deleted any mention of sparmute on the east side of Pettit Avenue and tomunity use" have keen withdream from cha application until such tim ns tkey can be decided. Hr. Pennaehotti also advised Council of hie cmsOney's plans to develop tan acres north of the HcLeod Rnsd intershesse for industrial parpuss" end ocher efface to purchase industrial properties. The speaker said thaC m lens as there is · move to 8ire Sinkers Squre an opportunity to present los cue before tke O.M.B., it is only proper and fair thec Canedin be given the sam opportunity. Hr. Feunseketti asked Council co approve the roised Caeadim xppltcatim subject to the rene"eary by-In and an agreement betwon tke City and the developer and, also, that in any disanssions mith the Chateau of the 0.t!.B., tke bredis proposal also be Siren consideration. ~olloniq furtker discussion iCws CRDBi~D on tke motion of Alderran JeKinley, laeoadtd by Aldenran Callway theC tim report of tim Pllnnins led hovelstaut Committee be restwed mud filed and the opplimtciou of Camdim MisSarm. Pelts Rd,, as nvimsd, be opproved, b motion brF~d with tbs following vote ~ ~Aldnnmu bitmy, Bunt, Hattie, le~aley, Wilson, ben, :dkldersmn 8m~viXle, JMm, hitiRk, ~beosmsu~ B0bbier, NASCO S0~DIVISION Report # 374 (June 1971) - Planning Administrator - Re: Am-41/71 Hesco Invest- merits Ltd., north side of Buttrey Street. Advising that an Official Plan Amendment is required to change the land use from Industrial to Residential and pemit multi-family d~ellings at a density of about 20 units per acre; rec~-~.~nding that Official Plan Amendment No. 50 be adopted by by-law. Report ~ 247 - CigF Manager - Re: Hasco Subdivision - South side of Ferguson Street. Noting that the Pleunin~ and Development Co~nittee and the City Council have previously approved the application as a plan of subdivision; c~entinS on the policy of the City where re-subdivision is involved; noting that the total estimated cost to the subdivider is $70,535.00 and suggesting two changes which would rednee the cost of the storm sewer installations and the sanitary se~er laterals; the subdivider's cost could then be redneed to $59,620,00; suggestin~ that it ~ould be unwise ea alter the City policy for this development; suSSestin~ also that the costs indicated are within reason and would amount to approximately $1,420, per unit, based on 42 units; advising that the developer could proceed ~er the requirements o~ the existing zoning byelaw. ORJlllD on the motinn of Alderman Thomson, seconded by Alderman Schisler that 14r, F, gchaeffer be SEented permission to nddresos Council. Speaking on behalf o~ Nasco Inves_~m~eto Ltd., Mr. Schaeffer said that, in hie opinion, a plan of subdivision was really never necessary and he believed a developer*s agreement with the City could have been applied to this particular property. He suggested if Council would consider a development agreement and a cash contribution of $20,000.00, the normal conditions of subdivisions could be kept intact. Rr. Schaeffer said that the report was the first indication he had received that the cnets could be reduced and the oug~ected changes would be considered after further diactmsions with the City Manager and the City Engineer. OREfIRED on the motion of Alderman Galloway, seconded by Alderman Thomson that the report of the City Kenstar ba received and tabled to the Council meeting of Hay 23, 1~72, BECKErr SUBDIVISION '- Report #13 - City Harm er - Re: Draft Plau of Subdivision,R.Beckett,I~t 21,Con. lll (Tup.of Willoughby~. Advising that the subject land is located at the south-ernst intersection of Sedan Read and Lyons Creek Road; the subdivision will contain five lots for two-family dwellings, five lots fur single family purposes and a .60 acre block for cmrcial ~ttrposes; recommending preliminary approval of the plan subject to seven conditions enumerated in the report. Report ~248 - City Harmget - Re: Draft Plan of Subdivisions R.Beckett, SuBBnsting that the City would have no objections to the senSing of the develop- - smut if certain conditions curlland in the report were acceptable to the developer; approval of the request should be subject to the completion of the rnsonin8 mendsmat as well as the approval of Amendment #43 of the Official Plan. Advising also that it will be necessary ea include the subject area in the Urban Service Area, GRX~_uRD ou the motion of Aldenan Haan, seconded by Alderman Somerville that the report be received and adopted. The motion Carried with Alderman Hunt voting contrary and all others in lavemr. FOUi NILE CBBEK DRAIH the Creek drain accepts 'drainaSs from a fairly large are in the To~n of Niagaraman-the-Lake as veil as lands within the City of IliaMrs hilt. Tat report muggists thee the City must take certain action including the establishsmut of a Court of Itsvision. Hepurt #2~9 - City HencZar - Recommendin~ that in order to netshiloh a proper court as requited by The I)raincga Act, a special Court of bvialon he established to hear appeals and tim Comrt be ecruposed of Mr, Fred InShem, Mr. Albert Benson end Nr. Vincent brrio. OMt~D oa the motion of Aldenran Fartin, seconded by Alderman Thomson ~het the ropurt be received and adopted, HcLECf) RQ~D STCRI~ SKHER EXTEHSIOS - Et4PLGYr~NT PRACTICES Hapart ~231, City l~ansger - Advising that according co information received from the R.V.Anderson Associates Area ~r~neger, Nr. J. Conlin, it would appear that the conditions of the contract are being met by the contractor. Report f~250 - City l~anager - Submitting a ~urther report prepared by the consultants for the ~york. Alderman Thomson noted that according to the additional information received, the contractor has not, in ~act, complied with the City policy Chat 60Z of the labour force hired for municipal projects shall be local residents. The Alderman suggested that in view of the unemployment in the City, City staff should closely check the number of local lebourers so employed to ascertain that the policy is adhered to at all times. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harm that the report be received and filed. DBAFr ZONING BY-~AW Repurt ~203 - City Hansget * Submitting a copy of the Draft Zoning By-la~ as prepared by the Consultants; suggesting that Council meet Jointly ~rtth the Planning and Development C~;.~..ittee at which time the Consultant would make - an initial preseneation. Report #251 - Cit~ Nanager - Advising that in accordance with Counctl*s directions, arrangements have been made to have the Consultant fornmlly present the draft zoning by-law on Wednesday, Hay 31, 1972, at 7:30 p.m, Reco~w~nding the attendance of all members of Council. ORDERED on the motion of Alderman Wilson, seconded by Alderman Schisler that the repurt be received and filed, the date of the matins noted and as many 'members of Council as possible attend. COI~UNICATIOt4S No, 83 - Niagara Promotion Association - Requesting the use of portable bleachers ~or the 1972 Blossom Festival Parade; providing information regardin~ the parade route. ORDERED on the motion of Alderman Harm, seconded by Alderman Hunt that the c~.,nication be received and filed, ths request for the use of bleachers approved and the parade route approved subject to ths approval of Regional authorities. We. 84 - Alpha Chapter, Theta Kappa Sigma Sorerit - Requesting permission to nee Centennial Square on Saturday, Hay 13th from X:00 a.m. to 6:00 p.m. for the purpose of a Rock-a-Then. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hartin that the communication be received and filed nnd the request approved. No. 85 - Ministry of Co~unin~ and Social Services - Requesting that the week 2, be proclaimed as Senior Citizens ~Teek. of June lath to June 24th, 1 ' ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the cmmunication be received and filed and the proclmm~tion npproved. No. 86 - Society of American Travel Writers - Requesting that the week of June 19-25, 1972, be proclaimed as i~elcmna-A-Visitor Week'*. ORDgRED on the motion o~ Alderman Wilson, seconded by Alderman Hartin that the communication be received and filed and the proclamation approved. HU, 87 - Life Underwriters Asset.of Histara Falls - Requesting that the City proslain one week during the month of Hay as *~ledic Alert Week". ORDgR~D on the motion of Alderman Mann, seconded hy Aideman Hens Chat the coununication be received and filed and the week of Hay 14th to Hay 20th be proclaimed as Hadic Alert Week. We, 88 - Canadian Fife & Drum Corps Asset.- Requestaug the use of the football field at Cokes hrt~ durin$ the annual fife and drum cbnm. ionships on Saturday, September 16th,1972, ~Tom approximtely 2:00 p.m. to 7:00 p,m, 0R!IRBD on the motion of Alderman 8chisler, seconded by Alderman Wilson that the comaalsatian be rnccivad and the request epproved. ha. 89 - Conediem Labour Congress - Submitting a brief regardaug the applirmcion of certain provitiou~ Of the new Ummpioymeut lushrants Act end Regulations. ORIaRRD ou the motion of Aideme Thomson, etaended by Aidetan Hunt that the Communications (Coated) No. 90 - HisSare palls Police Club - An invitation to attend e dinner-reception follicle8 the annual TuB of War end Parade, Hay 20,1972. ORDERED on the mitten of Alderman Harris, seconded by Alderman Bunt that the cG~unicatioe be received and fLIed, the invitation acknowledSed and as many members of Council as possible attend, He. 91 - Regional Huntot alley of HisKeYs - Re:1972 Tax Levy By-la~. ORDERED on the motion o~ildermaa seconded by Alderman Sehisler that HcKinley, the comunication be received and filed. He. 92 - Roa. D.l~cKeouSh, Provincial Treasurer - Re: NiaZera EscarPmentavissk Force. Advisin5 that the Task Force will hold meetloSe s~ith, ned race eubniesions from, interested municipalities, plansinS boorde and or~anizations. ORDERED on the motion of Alderman Mann, seconded by Alderman Hoot that the noununicatioa be received and referred to the PlanninS and Development Counittee for consideration and c~nt; and, further, that espies of the coannunication be made available to each ,~her of the Caamittee. No, 93 - Count-/of Reefraw - RequestinS endorserain of a resolution reSardiaS the abuse, use and le~alization of druSs. ORI~RED on the motion of Alderman Thomson, seconded by Alderman Martin that the c~,~aicatioa be received and the resolution referred to the Actleo Committee on Chemical Abuse, the Addicitioa Research Foundation and the Health Depar_P~nt for consideration and cerement, No. 9:, - Cit~ of Leaden - Requesting endorseEion of a resolution requestinS the Government of Ontario to allow the municipalities time, at least 60' to cosneat on the major revisions to the Assessment Act before it is enacted. CRDERDD on the motion of Alderman Schialer, seconded by Alderman MaKinley that the connunication be received and the resolution appreved and endorsed. No. 95 - Alderman H.J.Puttick - RequestinS permission to address Council in regard to the Iedustrial Waste Conference to be held in Toronto, June 18 to 21, 1972. Alderman Patrick referred to a recent meetinS at which time he had declined to attend the Industrial Waste Conference as Counsiles representative. The City Council had subsequently ordered that the report on the matter be received and filed. The Alderman advised that the Co~nittee of One Thousand were presently preporinS an important brief and indicated hie desire to attend the.Conference to present the brief on behalf of the City of HisSara ~alls and the Camfates of One Thousand. teEgRID en eJae marion of Alderman McKinley, seconded by AId erase Thomson that the cemmunicatioa be received ned Alderman Patrick be authorized to attend the x_~_uStrial Waste Conference ms Countales appointee. No. 96 - Mc. Charles Ryell - Re: Application to be submitted for Lottery Liceace to operate SinSo on Clifton Hill. RequestinK permission to discair the applica- tion ~iCh Council st m Council Comittee ORESBED on the motion of Alderman Martin, seconded by Alderman Thomson that the communication be received and Mr. Ryall be advised that Council is prepared to hear his presentarise on lionday, May 15,1972, at ·ppr~imately 7:30 pea. Mc, 251A- City Fansget - Re: Use of Niagara Palls rally "'/" s~dmiq Facilities. bfetr~ to the teq~st of Cecil bt staff m~ete ieesti~te the pMsibil- ity of ~ t~ n~ 'Y' svaiq pool a~ a s~ee~nt report to t~ C~il C~ttH ,hioh ~i~et~ mists aM ~easibility. s uetiq ~ith the City ~He~er, the Dinot~ of herearise a~ t~ Beenrive 8ecretm~ a~ ~r~ D~e~t~ lot the '~", t~ Misers FaXIs l~ily '~' ~ve airmad to priers p~lic sv~iu8 fz seven de, hMou th h~rs of lt~ p.m. e~ 6~00 p.m. Fells Fmly *~' pr~ide ~eu sw~i~ hess beMeu the h~s of 1~30 p,m, 8~ 6~00 p,u, dories the amy *~' pr~e Ill retired gulf ea ~r ~lth re~bzioo ~i~ l~l~e muse- mat, lib ~d,, ailments, sashbye e~ ell other ~lHuiq ,~ mintsuse pupil (3) ~e *T' adore to the fH s~edub emiliohod f~ th ~uleipl bIB (~) th City of Uhprs bib ~r~e ~35,~ to cfft~C t~ re~ edditi~l heallibel (S) th City pr~e ~13,~ in th 197f ~sCi~ S~pt f~ mt omU ~o ~,tm th (6) th *T' s~ th City of Hhpnhlle ater into tM ~i~ lollits, ~ettq tM trimMaria with an ~t~ IW Frofly u bib. Report No. 251 (Conrad) ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman that the report of the City HansSet be received and adopted subject to final neSotiations with the NiaSars Falls Family ~'. The motion Carried with the followinS vote: AYE: Aldermen Galloway, Hann, Hattie, l~cKinley, Puttick, Schisler, Cheesman, Thomson. NA~: Aldermen Hunt, Wilson and Somrvllle. No. 252 - City ManeSet - Re: Cincspheres International Limited. RefertinS to an application for a buildinS permit £or an air-supported structure described as Cosmos Theatre for exhibitinS movie pictures; the applicants propose to use the structure for a temporary period and it will be removed by the end of the month of September. The report c~-,~ts on the buildinS by-law, required liceaces, bunirises tax, soninS by-law and aSreements with Bolus-Revelas-Bolus Limited end MarSus Securities Limited; suSSestioS that if Council is in favnur of the proposal, approval should be subject to four conditions enumerated in the report. ORDERED on the motion of Alderman Thorsic, seconded by Alderman Wilson that the report be received and adopted and the proposal presented by Cansspheres International be approved subject to the conditions outlined in the report. No. 253 - City ManeSet - Re: Restricted Area By-law 70-211 and proposed. Amend- meat No. ~ of the Official Plan· AdvisinS that the Ontario Nunicipal Board has appointed ~onday, May 29, 1972 for the purpose of henrieS all parties interested in supportinS or opposin$ the application of Cannel HoldlaSs Ltd. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report be received and filed. No. 25~ - PlanninS and Development C~ittee - Re: AM-13/72, G. & G. Tourist Enterprises Ltd., Lot ~67, Plan 7~6, ~8~2 Hunter Street, formerly Ace-Hi Neon. AdvisinS that the applicant proposes to eelaria end convert the existinS buildin~ and use it in conjunction math the Senator Notor Inn for an indoor swannanS pool, sauna, etc.; rec~,~endinS approval of the application subject to a site plan and site plan aSreement and subject also to the access fran Hunter Street beans restricted; rec~.~.aadinS further that Council certify that the application conforms to Official Plan Amendment No. 28, ORDERED on the motion of Alderman Mann, seconded by Alder~n~ilson that the report be received and adopted. See Resolution Ne. ~.J9 He. 255 - PlanninS and Development Co~nittee - He: A~-1~/72 G.P.Counsell, 6825 RaSh Street, Pt,Block A, R.P.5~. A rezoninS application to permit a two-family dwellinS; rec~'~mendinS approval of the application and that Council certify that the application conforms to Official Plan Amendment No. 28. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the report be received and adopted. The motion Carried with Alderman Galloway vetinS .contrary and all others in favour, See Resolution Ne.50 Me. 256 - PlanninS and Development Cormtttee - Re: AH-15/72 F.PinSue Plasterera Lid, Let 21, south side of Prontennc Street. Advising that the otiSanal application requested that an additional four unit apartment buildinS be permitted and, on the day of the heirinS, information was received that the application should have road five additional units; rec~..-.~ndin~ that the application be denied. OPJ~RED on the marion of Alderman Thomson, seconded by Alderman Cheesman that HroD.14cDermid be 8r·nted permission to address Council. Mc.McDermid, n solicitor appearin8 on behalf of Mr. PinSue, explained that the applicant had su25ested the additioMl small apartment and recreational area on the bottom level beenuse he felt this would be the best use of the property; ha has now nSreed to four apartments plus the reorestion area for the apartment residentIs In respect to the concern of en adjacent property mr regardin8 drainaSs, Mr, Mcbrmid said the plan includes pro- visions for carretainS the drainaSh prublen, 02ZRED on the motion of &ldermsn Thomson, seconded by Aidsrim· Mann that the report of the Plannine and Developmat Committee be received and filed sad the application of F,Piqua Flaoterers for permission to ereet sn additional unit apartment buildinS with · recreation area be approvsd subject to · site plan.sad site plan sireasset, lootstee 8e Beports (Coat'd) Re. 257 - planning end Development ComaSates - Re: Official Plan Amendment 14o.55. Referring to application ANn310, A. Bognat end AM-2/72 F.Dimartino both of which have been previously approved by Council. Advising that in order to implement Co-~-tl~s approval and to permit individual stores as well as grouping of smell stores, an amendment to the Official Pla· has been prepared. Becameriding that Official Plan Amendment 14o. 55 be adopted by by-law. ORDERED on the motis· of Alderman Puttick, seconded by Alderman McKinley that the report be received and adopted. See By-law 14o. '72-78 .? the proposal reckmended by W.p. London Associates and the City Engineerin~ Deparement for the replacement of the Robinson Street Bridge across the Penn Central Railway right-of-way and a future road alt~mu~nt in the general ares, be epproved in principle; and, further, that embers of City Staff be authorized to discuss ~he proposal with property o~ners in the area as well as government and other agencies affected by the project". B. NIAGARA PROMOTI0~I ASSOCIATIO14 - Advising that the Council Cmmittee resolved efthat Council approve the request of the 14Sagare promotion Association to erect · display booth on St.Clear Ave. facing Queen Street on Saturday, Mcy 6th and Saturday Hay 13th for the promotion of Blossom Festival Week". C. FRONT 8T~ST SANITARY SSWEB - Advising that the Council Committee resolved · 'that the Corporation assume the entire cost of the installation of sanitary 'sewers and connections on Front Street from Pell Street to a point 535 feet westerly, in the yusr 1972, and the estimated cost of $11,190.00 be included in the 1972 Budget'. ~DKn~D on the motion of Aldermen Rent, seconded by Alderman Martin that the report of the proceedings of the Council Comettree be received end decisions of the Council ConeStree be ratified by Council. The motion Carried vLth ' Aldersan Wilson indicating that ha was contrary to the motion in teepent to the RobS.neon: Street Bridge. - Not.e.: Alderman Mcnn retired from the Council Chambers Report 14o.258 - Plannin~ and Develol~aent C~,~ttee - Re: Regional Official Plan. Advising that the Planning Depart3nent in conJunctio· with other members of City Staff have prepared a list of comments on the proposed Official plan for the Regional Municipality of Niagara; submitting additional cents suggested by the Planning and Development Collates; recommending that the report prepared by the Plannin~ Departsneat together with the coe~ents of the planning and Development Cou~ittee be adopted and forwarded to the Region. ORDERED on the motion of Alderman Wilso·, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderran Schisler voting contrary and all others in fayour, 14o. 259 - Deputy Cit~ Clerk - A report of the proceedings of a Cotmcil Committee meeting heYd IMy 1, i972. A. ROBINSON STREET BRIDGE - Advising that the Council Committee resolved ' that No, 260 - City Hansget - Re: BJes Limited, Advising that the Canlmn~ will con- eider an agreemat to allow a cash payment in lieu of providing parking space that uould include (1) the nder of spaces required to be ten; (2) cost per space to be ~600.00; (3)the period of aSreement to be five years (~) the interest rate to be 8~; (5) first due date, Mcreh 31,1973; (6) the other four payments to be made on IMreh 31st of the followinS years end (7) s prowscion -that if the zoning by-law is amended so that parkiu~ on this property would not -be required, thee ·o payments be required followinS the date of the endmeat of the go·i·8 by-law. The report reomuends that an authoricing by-law and agreement including. the provisions en:_--e~ated be prepared. OREaBED on the motion of Alderman Thomson, seoonded by Alderman Hunt that the report be received and adopted, seeks station on laud leaSed at tha south-east corner of LuUdYts Lane a~d' Dressed Road, Advising thee one objection hal been received; requeStinS the direction of Connell. ORSRED on the motion of Alderman GallMy, sotceded by Alderman Thereon that the report be received and the objection be foamtried to the Ontario N,,-4cipel Bard for onesadoration, L Reports (Coat"d) No. 262 - City liensget - Re: Q.B.W.gxteusion, Dr.---~-d 14usd to Victoria Avenue. Advising that as a result of the buildin~ permit applicationmade by a property otmer on the west side of MccDoneld Ave. Just south of the q,B.W.exteoalon, it is use necessary to decide the aliaanent of the propused MccDeoald Avenue Bridge over the proposed Q.S.W. exteusion; recmuending that the Hinistt7 of Transporta- tion and Comuniestious be infomed that the Catyes preference is to have MccDooald Ave. reincared to · position on Stamford Street directly opposite Be~vond Ave. OB/~RED on the motion of Alderman Sobislet, seconded by Alderman Galloway that the report be received and adopted. ~o. 263 - City McmeKer - Submitting a schedule of capital projects to be financed for the City in the aggregate amount of $983,000.; recM---ndinS that the City request the bSiousl 14uuicipality of HieSara to issue debentures in accordance with the term and amounts sat out in the schedule and that the City confirm/~het it has entered into s contract for or authorized the cmncement of all werks or projects included in the schedule. ORDgRED on the motion of Alderman Martin, seconded by AldemanGslloway that the report be received and adopted, See Resolution No. No. 26~ - City 14sucKer - Re: Pettit Avenue st C.N.Railway Line. An advisory report concerning the statue of a pedestrian creasing at the pettitAvenue location. SlUrReD on the motion of Alderman Thomson, seconded by Aldermeat Rent that the report be received and filed. Re. 265 - City Nanczar - Re: Crossing Protection at Ssmyse Drive. Advising that the C.N.R. has submitted drawings outlin~ the 8fade crossing protection for the crowsing of the Stamford Subdivision Lines st S~syne Drive;recomending that the Hayor and City Clerk be authorized to sign the drawings on behalf of the 14unicipalit~. OREglaD on the motion of Alderman Martin, seconded by Alderman CallMy that the report be received and adopted. No. 266 - Deputy City Clerk - Advising that the Assessmet Review Court has approved a to~al write-off for certain tax errnero in the amount of $19,891.77; rncmmnding that the City Treasurer be permitted to strike the taxes fram the Collectores Roll, OR~INID on the motion of Alderman Schisler, seconded by Alderman Gallmmy that the report be received and adopted. No, 267 - City Manager - Re: Road Closing - Queen Street . Referring to request from the Dotmtmm Business Association to close · section of Queen St. ouMay 13th,1972 fran 12 Noon until 5 p.m. between Erie Ave. and St,iawrence Ave, for the purpose of displayin8 antique cars during Blossom Festival Week; noting that the intersections of the cross streets would be left open to traffic; requesting thu direction of Council. ~ on the motion of Alderman Thereon, seconded by Alderman Galloway that the report be received and Regional authorities be advised that the City has no objection to the road closing of Queen St. providing the various cross streets lamb as Ontario Avenue, are kept open, No, 268 - City Manenor - Re: Presentation of watcher upon the retirement of City employass. Mating that a poliuy has use been established in respect to asployocs who retire prior to normal retirement ago and suggesting that it we·ld be advisable to dofine the circmmtaneos under which watches will be presented; Reuommndiq abet watches be pressarid to _M~l~y~as of the City Qdso (a) retire on their normal retirement date and have cmpluted a minimum of fifteen years full-tim setvise; or ~) who retire prior to the norml retire-at date and are 2ranted · Disability btirasut ha'ion under the ~ Act, as being totally and pantsmealy disabled and have nomplstod a monism of fifteen years fuLl-~im netvies with the City, SIgnlID on the motion of Aldermau Dellowey, sunceded by AldermnPuttiok that the report be received tad adopted and reuotuendntions (a) and (b) form pert of abe CitYel ratirelttlt psiSay, CARRIED - 10 * Reports (Cent'd) No. 269 - City Hanager - Re: Resolutions received from various municipalities. A. Borough of North York - A resolution suggesting that the Federal Local Initiatives progrebe operated through municipal councils and that local authorities be authorized to decide the use to be made of the available funds; recommending that the resolution be received and filed. B. City of Brockvilla - A resolution re: Costs - Children's Aid Societies; rec~,~adinS that the resolution be referred to the Regional Municipality of Niagara for their c~nts. C. City of London - Requesting that legislation be enacted to provide for the annual assessment of firmlands; reconnending that the resolution be endorsed. D. City of St. Thomas - Requesting the province of Ontario to take appropriate action in order to complete Assessment Appeal and the return of a revised roll on or before the 30th day of November; recommending that the resolution be endorsed. E. City of Sarnia - A resolution regarding the operation of bicycles. Recoe~ndtng that the resolution be received and filed. F. City of Sarnia - Requesting an amendment to existing legislation in order to govern the use of the centre t,o-way left turn lane; reco~nending that the resolution be endorsed. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that the report of the City Hanager in respect to the various resolutions from Ontario municipalities be received and adopted. No. 270 - City Manager - Re: Welland Rose Festival Parade. Advising that the City has been invited to enter the City float in the Welland Rose Festival Parade; ren~nding that the invitation be accepted. ORDERED on the motion of Alderman Wilson, seconded by Alderman Nattin that the report be received and adopted. No. 271 - City Manager - Re: 1971 Equipment Report. Submitting the annual report which gives details on the cost of operating City equipment; the report an·tales recounendetiona for the repIacement of certain vehicles and purchase of new equipment based on the City'e requirements. fiRED on the motion of Alderman theeamen, seconded by Alderman Somerville that the report be received end referred to the budget meeting. No. 272 - City Naueer - Re: Joint Annual Conference of the Ontario Section of the American Water ~orks Assam·at·on and the Ontario Municipal Water Asses., Nay 14th to May 17th,1972, City of Niagara Falls. Requesting Councilts approval of a suggestion that seven n~ets of staff ·trend the CSnference including the Superintendent of the Water Department end the Assistant Superintendent; suggesting also that teo me~bers of Council also attend the Conference. ORDERED on the motion o[ Alderman NaKinley, seconded by Alderman Martin that the report be received end adopted. The motion Carried with Alderman Galloway voting contrary and all others in favour, No. 273 - City Manager - Re: Sanitary landfill Site. Rats·dinS that submissions be invited from various consultants for the necessary bore holes to accurately establish the xmter table and any other pertinent drainage informstie· that might be required by the Waste Management Branch of the Ministry of Envirooment. ORDERED on the motion of Alderman Futtie~, seconded by Alderman Wilson that the report be received and the recommendations approved. Co,·tiles City forces to undertake the foliowinS works l)Reloca- 'tiom of a 6" watermain omWateon Street ·t an est4emted cost of ~5,000 which will be ·t the expense of the Ministry of Transportation and Cos·unSeat·one and 2) pre-inst·llation at this time of approximately ~00~ of watermain on Me·arose Bead, estimated at · eels of $7,500 at the tityes expense, with the monies to . coeefrmaexistinZWster Works revenue. ORDBRBD on the motion o~ Alderman Wileone seconded by Alderman Thomson that the Report be received and adopted, the t; ,'t~ Civic ~onth 1972. Reams·dinS that year, el Civin Month in the Municipal y. OMIJagD am the mti~ of Aideran ~on, sec~ed by Alde~ H~t that the n~t ~ reeaivud end edited, **.***** 11, ' 11' Reports (Cent'd) No. 276 - CityManager - Re: Building Permits issued for the month of April,1972. ORDERED on the motion of Alderman N art·u, seconded by Alderman Hunt that the report be received and filed. No. 277 * Lotter~ Licensing Officer - Referring to a request from Sports Lottery of Toronto for permission to sell tickets in the City in conjunction ~ith a proposed raffle lottery to be held in Toronto on January 27,1~73; advising that locaI sports ~roups ~ill derive financial benefit from the proposed lottery and reeen;nending that the request be approved. ORDERED on themeS·on of Alderman NaKinley~ seconded by Alderman Chessmen that the report be received end adopted. No. 278 - Lottery Licensing Officer - Recommending approval of applications to mousse and conduct lotteries. (~IDERED on the motion of Alderman Nattin, seconded by Alderman Hunt that the report be received and adopted. No. 279 o Deputy City Clerk - Re: Application of Nr. Faul Grenon for a "Photographer" liceace. Advising that the applicant has resided in the City £or three months and proposes to take pictures in private homes as well as at his place of residence at the Siesta Motel. ORDERED on the motion of Alderman Thomson, seconded by Alderman Nattin that the report be received and filed and the application o[ Mr,P,Grenon for a Photo* Brapher*s Liceace be denied. No. 280 - Deputy City Clerk o Recommending approval of Municipal Licenoes. ORDERED on the motion o£ Aldermen Somerville, s~conded by Alderman Thomson that the report be received and adopted and lice·cos Branted. No. 281 - city ~hueEer - Reco,-~ndiuS payment of Municipal Accounts. ORI~RED on the motion of Alderman Gallsgay, seconded by Alderman Chessmen that the report be received and adopted. . .RESOLUTIONS s.s · : . No. 4~ - I~d~TIN - C~LL(NAY - RESOLVED that the Corporation of the City' ~f Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the tetras and amOUnts set out in the schedule attached'herman; and, further, that the City of Niagara Falls hereby confirms that it has entered into a contract for, or authorized the co~uuencoment of all works or projects inclUded lathe schedule; AND the Seal of the Corporation be hereto affixed. ~arried UuenimouslZ No. 49 - NAI~ - WILSON - RESOLVED the the Council of the Corporation of the City o~ Niagara Falls hereby certifies that the application of G. & C.Enterprisee Ltd. for the property known as Lot No, 467, Plan 746, situated on Hunter St., · conforms to the Official Plan Amendment No, 28 of the Niagara Fails Planning Area as amended and approved by the Minister o~ Municipal Affairs; AND the Zeal of the Corporation be hareto affixed. Carried UcanimouelZ No. 50 - )iNN- WILSON- RESOLVED that the Council of the City of Niagara Falls hereby certifies that the application of G.P.Counaell fur the property known as 6825 High Street, conforms to the O~£ici·l PlanAmendment No, 25 o~ the Niagara Falls PlanningArea as smeuded and approved by theM···star of Municipal Affairs; AND the Seal of the Corporation be hereto affixed, Carried ~'d~lo~;ay voting contrary, He, 51 - SCHISI~R - 14~R~IN - RESOLVED that pursuant to t~ E~lic ~8nsp~tation and Mi~ay ~t~e~nt Act, t~ Council of the City of Misers Falls ~reby re,eats a s~pl~ueary allysCion o~ s~sidy ~ys for york on r~ds brid~s ~er its J~isdietiou nc foll~l~ 8554,400.00 ~or Contraction and Nil fe ~inte~e, ~ t~ total ~unt of ~5~,~00,00, b said ~neys be ~e~ed ~ ~k petfomd ~ ascotdaMe ~th ~e ~ublie Trappertat·on a~ Hi~y ~twmut Aot; A~ the Seal of t~ C~p~ation be hereto alfred, Carried UMu~uoIZ ,,,,, ' 12' Resolutions (Cent'd) No. 52 - HeKINLEY - THONSON - RESOLVED chat a ms,age of condolence be formtried to the family of the late Mr. gd Burlay, a respected resident of the City..for may years; A~D the Seal of the Corporation be hereto affixed, Carried Unanimously No. 53 - HeKINLEY - GALIJNAY - RESOLVED that the next regular meetin~ of the Council of the City of Niagara Fails be held on Tuesday, Hey 23, 1972, cmmencinS at 7:30 p.mo; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 53A - SCHISLER-GALLOWAY (see bottom of page) NEW BUSIRESS RE-ASSSSSt~IfF Alderman Hunt spoke about the inequities of land taxation in the ~ox~ner Township of Willoughby where owners o~ large parcels of property, on whieh there are no buildings or fences, are holding the lends for a higher selling price and, in the meat;me, the City Is collecting mininil amounts for taxes. The City HansSet replied that the properties are obviously undervalued but when the Provincial re-assessment pro,ram is completed, all properties will be assessed more equitably. PROPERTY AT CORIIR OF GARNER Ale BRECRWOOD ROAE6 Aldemn Cheasmn suBseated that the condition o~ property located at the corner of garner Rd. and Beechwood Rued which is used for scrap dealing, should be e~m!ued-by-City staff and some action taken to have the property cleaned up. ONTARIO TRAFFIC CONFERENCE Alderman t~Kinley advised that he will be unable to attend the Ontario Traffic Conference Annual Heeling in Windsor, Hey 14th to 17th, 1972. The Alderman had been appointed as a voting deleSate at the Council matinS of April 2f~th. It was moved by Alderman Them. on, seconded by Alderman McKinley that Alderman Bunt be appointed as a City delegate to the Conference. The motion Carried with the following vote: AYE: Aldermen Somerville, Hunt, Henn, t4a~tin, NcKinley,SChisler,Chanamn,Thomson, NAYE.,~lderman Galloway and Puttick. HITCHELL ST, - FP~EI,'AN AYE. Alderman Thomson muSSested that consideration be .'given to erect;n, either a step sign ura yield sign at the intersection ~f HI~chm.X.X St. and Freeran Avenue. , ,. AXe TRAFFIC - co~PLLItrl~ OF NOISR Alderman Thomson sueBasted that the City will again, this stemmr, be faced with problems and complaints regarding the noise from large aircraft approach;n8 and leaving the Niagsra Falls, N.Y. international Airport. The Aldermen noted that work he, been undertaken at the airport to expand and improve the facilitIes. He asked that the miter be investigated, threugh the 'Federal Severnut, to deems;he the amount of sir traffic that Is pea;tied nndar the tam of an agreement between Canada and the United States; if the limit has bean reached and if the volume of air traffic is checked and controlled. Cm~pXsints about helicopters continua, ha said, and this problem should axes be invcstigsted. It was moved on the motion of AIdes Themeon, seconded by Alderman Belie thac the City FamSar be asked to prepare m report in respect to the tam of the existing agreemat between Canada and the United gUts, rnsardins a limit on the air traffic that to poe;teed to fly over Canedinn soil by large aircraft; the extent of the extension at the Niapra FsIXs,N.Y. airport and to datamine whet steps can be taken to reduce the noIse calmed by Jot planes. Resolution No. 53A - SCBISLER-GALL(~AY - RESOLVED that the Council of the City of.,...,. 13. Niagara Palls reaffirms its support of the application to the OMB for approval of 70-211 passed on September 28, 1970 and of proposed ~nendmont No. ~ to the Official Plan fors~ the Nie2ara palls Planning Area, to permit a regional shopping centre on lands on the south of Lundy*s Lane between the QEW and Manerose Rd. and directs the City Solicitor to appe~ at the hearing of the OMB on behalf of the Corporation and to support the application for approval; AND the Seal of the Corporation be hereto affixed. - 13 - CARRIED BY- IAWS No. 72-73 - A By-la~ to provide for the adoption of an amen~nent to the Official Plan of the Niagara Falls Planning Area. (Amendment No.~4) ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Cheesmn be granted the privilege of introducing che By-law and the By-law be 8ivan the first reading. Carried Unanimously. CI~DERED on the motion of Alderman theeseen, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously. Third Reading - Alderman Wilson and Alderman Hunt. Carried UnanimousiX No.72-74 - A By-law to ~nd By-law No. 6661, 1964 with respect to signs in the City of Niagara Falls. ORDERED on the motion of Alderman Herr;n, seconded by Alderman Schtsler that Alderman HuuC be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried UnanimousIX ORDRRED on the motion of Alderman Hunt, seconded by Alderman Wilson that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimousl~ Third Reading - Aldex~m~ HeKinley and Alderman Hunt. Carried Unanimeusl~ He. 72-75 - A By-law respecting the repairing of private drains. ORDERED on the motion of Alderman Herr;n, seconded by Alderman Schisler that Alderman McKinley be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried UnanimousiX ORDERED on the motion of Aldermn HeKinley, seconded by Alderman Bunt that Rule 36(2) of the Standing Rules of Council be temporarily s~spended and the By-law be given the second reading. Carried UnanimousIX Third Reading o Alderman Wilson and Alderman Somerville. Carried Unanimonal~ No. 72-76 - A By-law to establish a Court of Revision. ORIIP~D on the motion of Alderman Somerville, seconded by Alderman Wilson that Aldermn Bunt be granted the privilege of introductn8 the By-law and the Byola~ be given the first reading. Carried UnanimousiX OBligED on the motion of Alderman Hunt, seconded by Alderman Schisler that Rule 36(2) of the Standing Rules of Council be ~emporarily suspended and the By-law be given the second reading. Carried UnanimousIX Third Readin~ - Alderman Wilson and Alderman Chessman, Carried Unanimousl~ Woe ,72-77 - A By-law to provide monies for general purpnaes, ORESRED on thm met ion of Alderman HeKinley, seconded by Alderman Schiller that Aidemma 8aservilla be ,ranted the privilege of introducing the Byelaw and the By-law be given the first reading. ,,, Carried Usuimousl~ ' 14 ' By-law No.72-77 (ConI'd) ORDEI~D on the motion of Alderman Somerville, seconded by Alderman Martin that Rule 36(2) of the StandinS Rules of Council be temporarily suspended and the B~-law be given the second readin6, -. Carried Unanimously Carried Unanimously Third Readin~ - Alderman ~/ilson end Alderman Hartin. No. 72-78 - A By-law to provide for the adoption of an amendment to the Official ~he Niagara Falls Plannin~ Area, (Amendment No. 55) OPaBRED on the motion of Alderman Tho~sons sacended by Alderman Schisler that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Thomson that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Carried Unanimously Third Readin~ - Alderman Hunt and Alderman Martin. ADJ{NT The meeting adjourned on ~he motion Of Alderman Thomson, s{CQnded by Alderman Hunt. Mayor READ AND ADOPTED, SIXTEENTH MEETING Council Chambers, May 23, 1972. REGULAR MEETING Council met on Tuesday, May 23, 1972, at 7:30 p.m. for the purpose of considering general bus iness. Alderman Somerville offered the Opening Prayer. All Members of Council were present with the exception of His Worship Mayor Miller, Alderman Martin and Alderman Wilson. RESOLUTION No. 55 - CHEESMAN - HUNT - RESOLVED that Alderman Doug Mann be appointed as Presiding Officer during the absence of His Worship Mayor F. J. Miller; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Somerville that the minutes of the regular meeting held May 8, 1972, be adopted as printed. DEPUTATIONS NIAGARA HELICOPTERS LTD. Niagara Helicopters Ltd. had requested permission for a spokesman to address Council in respect to a helicopter pad to service tourists from a lot on the south side of Robinson Street. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Bearss that Mr. Frank Edwards be granted permission to address Council. Mr. Edwards, Manager, Niagara Helicopters Ltd., advised that the Ministry of Transportation and Communications had not approved the prop~ ed site of the helicopter pad because of safety requirements. He asked that his submission be withdrawn until such time as an alternate site is selected. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the request be granted. *** NIAGARA FALLS WEST MOTEL ASSOCIATION Mr. J. Cairns, President, Nia~ra Falls West Motel Association, read from a prepared brief copies of which were distributed to members of Council. The brief indicates the Aseociation's support and approval of the Cannel · shopping complex and the Queen Elizabeth Way-Lundy'a Lane location. Mr. Cairns cited the following reasons for their endorsation: the natural extension to the motel area of Niagara Falls west; it will co-ordinate with and complement established industry; it has an outstanding site in reIation to established and improving traffic patterns; the developers have legally fulfilled all require- ments; financial benefits to the city and the natural park setting. Mr. Cairns asked that the brief be submitted to the Ontario Municipal Board for considera- tion during the hearing of May 29, 1972. ORDERBD on the motion of AIderman McKinley, seconded by AIderman Thomson that the brief presented by Mr. Cairns on behalf of the Niagara Falls West Motel Association be received and referred to the Ontario Municipal Board for considera- tion during the hearing of the City's application in respect .to Cannel Holdings Limited. BUSINESS AND INDUSTRIAL GROWTH COI~tlTTEE ORDERED on the motion of Alderman Thomson, seconded by Alderman Galloway that Mr. J. O'Brien be granted permission to address Council. Mr. O~Brien, Chairman of the Business and Industrial Growth Committee, commented on the operation of the Committee which is made possible by City grants. Approval of the grants, he said, indicates Council*s endorsation of the attempts to improve the industrial complexion of the community. Mr. O~Brien said the decisions of the Connittee end their aggressive pursui~ of the Cityss goal to improve industrial aspects are based on the industrial study undertaken by the - 2- Battelle Institute. In reply to questions regarding the possibility of locating prospective'incubator'industrial facilities in the City's industrial park rather than on Niagara Square lands, Mr. O'Brien said that the Batells report points to industrial lands on the Queen Elizabeth Way which are of particular value to particular industries. Incubator space, he said, is not des igned to house large industry but rather to p~pvide small accommodation requiring no large capital investment in respect to lands and buildings. Once established, such industries generally move to larger quarters. Mr. O'Brten said that the Industrial Conmittee has indicated to Council the significant industrial aspects of the Niagara Square proposal which will allow the City to focus on the development of the south-west industrial quadrant. Mr. O'Brien asked Council to pass a motion requesting the Ontario Municipal Board to hear the Niagara Square application as soon as possible and to postpone its dedi~ion with respect to both the Niagara Square and Cannai applications until both have been heard. GREENSPAN Am VAUG N Am NmGA SQDA Mr. David Greenspan had requested permission to address Council regarding Niagara Square. ORDERED on the motion of Alderman McKinley, seconded by AldermanChessman that Mr. Greenspan be granted permission to address Council. The motion Carried with Alderman Puttick voting contrary and all others in favour. Mr. Greenspan referred to questions raised regarding the possibility of Niagara Square proceeding with Just the industrial portion of the proposal and explained that the many thousands of dollars to be spent on roads and services to make the lands suitable for industrial purposes would have to be charged to the shopping centre. The motion proposed by the Industrial Committee, he said, would permit Cannai to be heard but the decision of the Ontario Municipal Board would be reserved until the Niagara Square proposal has also been presented and considered. Niagara Square, he said, would have no objection if the Canadta application was also included. Mr. Greenspan expressed the opinion that if the Board granted "paper approval" to the Cannai proposal, the chances are that Niagara Square, without a hearing, would not be granted similar approval. He said the suggested resolution would relate Niagara Square to the Cannai hearing; both would be heard and the City would be provided an opportunity to create a viable regional shopping centre and a catalyst for significant industrial growth. Council's present procedural problem, he said, is the result of the policy of the O.M.B. to restrict the number of shopping centres and the Board will not approve a shopping centre until it is satisfied that nmrketing evidence indicates a need. Continuing, Mr. Greenspan said the O.M.B. has before them some marketing evidence provided by Cannai indicating that Niagara Falls can only support one regional shopping centre. If the Board hears the application of Canuai alone without information regarding other proposals and if the availablelmarketing evidence is accepted, Niagara Square would have very little chance of approval. It is for this reason that Council has been asked to pass the motion ~uggested by Mr. O~Brien. ~.~... 'CANADIA NIAGARA FALLS LIMITED ORDERED on the motion'of Alderman McKinley, seconded by Alderman Chsesnmn that ldr. M. McQuaid be granted permission to address Council. Mr. McQuaid,as solicitor for Cansdis, conneared on the hearing in Toronto in respect to the application by Niagara Square and Mardress Investments to have the Cannai hearing adjourned. He said it was his understanding of the decision of the Board that while the Board does not "have the mean~" to hear all proposals during the Cannai hearing, application could be made to the panel to hear all submissions if the applications of Niagara Square and Cansdis could be "perfected" during the course of the hearing. Mr. McQuaid ,said the only method by which the two applications could be perfected would be approval b~ Council of a by-law and official plan amendment. He indicated that he had' prepared such and amendment and draft by-law regarding the Canadia site. Me asked Council to direct City Officials to discuss with representatives of Canadia and Niagara Square the means by vhich the by-law end amendment could he.enacted in order that the applications could be perfected and to clearly indicate to the O.M.B. that Council wants al! three applications heard. It was the opinion of Mr. Mcquaid that the official plan amendment and the by-law could be passed by .Council at the next meeting on May egth and presented to the Ontario Municipal Board on Tuesday · morning. He suggested that at the opening of the hearing on Monday, the Board could be advised that City staff have been directed to perfect the applications of Niagara Square and Cenadia. 3. - 3 - PETTIT AVE. SUBDIVISION RATEPAYERS ASSOC. Mrs. b!arie MacKay was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Hunt. Mrs. MacKay, as spokesman for the Pettit Subdivision Ratepayers Assoc., said that the Deputy City Clerk had a~vised her of the procedure followed in respect to rezoning applications and that she was surprised and confused by the presentation by representatives of Canadia which ignores procedure and benefits Canadia. Mrs. MacKay pointed out that the course suggested by Mr.McQuaid offers no opportunity for objectors to the proposal to register opposition. The City Solicitor outlined the procedure followed regarding applications for rezoning and said, in his opinion, the City would have to follow such procedure before the matter would be considered as an application for approval of the Niagara Square and Canadia proposals. An official plan amendment is also required which would have to be submitted to the Minister of Municipal Affairs and eventually referred by the Minister to the Ontario Municipal Board. CANNAI HOLDINGS Mr. K. Smela, a solicitor representing Cannai Holdings, was grante~ permission to address Council on the motion of Aldermsn Thomson, seconded by Alderman Hunt. The motion Carried with Alderman Schisler voting contrary and all others in favour. Mr. Smela submitted that the delays in proceeding with the Csnnai proposal was not the fault of the developers and indicated their willingness to post a $100,000 performance bond. He suggested it would be unfair to Cannai if the hearing did not proceed. The O,M.B., he said, will decide if the Cannel proposal is valid and both Niagara Square and Canadia will have an opportunity to make presentations. **** Report ~282 - City Solicitor - Re: Cannai Holdings Limited and Ontario Municipal Board Hearing. Advising that the Solicitor appeared before The Ontario Municipal Board on May 18, 1972, on the hearing of a motion brought by Mardress Investments and Niagara Square Corp. for an order adjourning the Cannai hearing scheduled for May 29th. Advising that the decision of the Board was that the motion for consolidation of all applications for zoning and official plan amend- ments should be rejected at the present time and the hearing of the City's applica- tion should proceed as scheduled; the Board's decision was based on the fact that the applications of both Mardress and Niagara Square had not been perfected and were not properly before the Board; advising that~the City Solicitor was directed by the Board to point out to Council that unless Council supports its by-laws implementing the Cannai proposal, there will be nothing for the Board to consider on May 29th; advising that the Board stated that if these applications .were perfected during the progress of the hearing, further representations could be made to the panel of the Board conducting the hearing. Attached to the report is a draft resolution confirming Council~s support .of the application to the O.M.B. for Gouncil's consideration. It was then moved by Alderman McKinley, seconded by Aideman Thomson that the report of the City Solicitor be received and the resolution attached to the report be approved. Following further discussion, it was moved on the motion of Alderman Galloway, seconded by Aldermen Schisler, that Mr.T.G.Wylle be granted permission to address Council. Mr. Wyllie, a member of the Business and Industrial Growth Committee, said that as the City's representatives, Council members are obligated to the · taxpayers to make the best decisions for the municipality and for future citizens. He said that Council will '~iss the boat" if they do not do everything possible to have the Niagara Square proposal heard by the O.M.B. In view of the difficulties encountered in gaining new industry, Mr.Wyllie suggested the City needs a catalyst as offered by Niagara Square to assist in industrial development. -4- The Presiding Officer then called for a vote on the motion on the floor that the report of the City Solicitor be received and thst Council reaffirm its support of the application to The Ontario Municipal Board for approval of its By-law 70-211 passed on September 28, 1970 and of proposed Amendment No. 44 to the Official Plan for the Niagara Falls Planning Area, to permit a regional shopping centre on lands on the south side of Lundy's Lane between the Queen Elizabeth Way and Montrose Road and directs the City Solicitor to appear at the hearing of The Ontario Municipal Board on behalf of the Corporation and to support the application for approval. The motion Carried with Alderman Puttick voting contrary and all others in favour. See Resolution No. 54 It was then moved on the motion of Alderman Chessman, seconded by Alderman Galloway that the resolution submitted by Mr. J. O~Brien on behalf of the Business and Industrial Growth Conunittee regarding a request that the Ontario Municipal Board hear the Niagara Square application as soon as possible and postpone a decision with respect to both the Niagara Square and Canhal applications until both have been heard, be received and filed. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, McKinley, Chessman, Thomson. NAYE:Aldermen Puttick and Schisler. FORMER LUNDY'S LAME SCHOOL PROPERTY It was ORDERED on the motion of Alderman Galloway, seconded by Alderman McKinley that By-law Nos.72-79 and 72-80 be brought forward-for consideration at this time. By-law No.72-79 - A By-law to authorize the execution of a site plan agreement with River Realty Development Limited. (former Lundy!s Lane School property). ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that Alderman Schisler be granted the privilege. of introducing the By-law and the By-law be given the first reading. The motion Carried with Alderman Hunt voting contrary and all others in favour. It was then moved by Aldermen Schlsler, seconded by Alderman Bearss that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. At this point Mrs. Patricia Spiotti was granted permission to address Council on a motion by Aldermen Beards, seconded by Aldernmn Thomson. Speaking on behalf of residents of the area who have objected to the rezoning of the property, Mrs. Spiottt said the developers should not be allowed to build a drive-in restaurant in an over-burdened area which is considered to be the second most year-round traxelaed section of the City. She pointed out that residents of the area would be annoyed by the noise of late customers, radios, roaring motors and unsightly litter. It ~ the opinlon of the petitioners, she said, that the property is publicly owned and should be used for public or municipal purposes. The property, she said, ia presently being used for physical education purposes by the Stamford High School and noted the possibil~ty that the High School may eventually have to be expanded. The Planning Administrator explained that the details of the proposal are included in a site plan agreement. The proposed resteurant is not a drive- in restaurant as defined in the draft zoning by-law. There will be no eating facilities provided outside the building, although customers may purchase food and take it to their cars; tables and chairs will be provided inside the premises. Replying to questions by members of Council, the Planning Administrator said thet building design indicates that 52 seats would be provided; if Council feels that further assurance is necessary, a provision can be inserted in the by-law and agreement. Questions were also raised as to when the developer will proceed with construction of the additional c~nmuercial development proposed for the site. It was moved on the motion of Alderman McKinley, seconded by Alderman Hunt that the motion to approve the second reading of the by-law be amended and the second reading be tabled to the next formal meeting of Council; further, that the City Manager consider the matter in conjunction with the School Board, the Planning Departmant, the Social Planning Council and the Recreation Conmission and prepare a report regarding his final recommendations as to whether the property should be used for commercial or municipal purposes. The motion was - 5 - By-law No.72-79 Cont'd) Defeated with the following vote: AYE: Aldermen Hunt, McKinley, Cheesman, Thomson. NAYE:Aldermen Bearss, Somerville, Galloway, Puttick, Schisler. It was then ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the second reading of the By-law No. 72-79 be delayed until such time as the Planning and Development Committee meets with the objectors to the proposal to clarify the points raised and a more acceptable site plan agreement be prepared. The motion Carried with the following vote: AYE: Alderman Bearss, Somerville,Galloway,Hunt,McKinley,Schisler,Thomson. NAYE:Aldermen Puttick and Chessman. Note:Aldermen Bearss, Schisler and McKinley retired from the Council Chambers. UNFINISHED BUSIMESS NASCO INVESTMENTS Report ~247 - City Manager - Re: Nasco Subdivision - South side of Ferguson St. Noting that the Planning and Development Cormnittee and the City Council have previously approved the application as a plan of subdivisionScommenting on the ~ policy of the City where re-subdivision is involved; noting that the total estimated cost to the subdivider is $70,535.00 and suggesting two changes Which would reduce the cost of the storm sewer installations and the sanitary sewer laterals; the subdivider~s cost could then be reduced to $59,620.O0;suggesting that it would be unwise to alter the City policy for this development; suggesting also that the costs indicated are within reason and would amount to approximately $1,420 per unit, based on 42 units; advising that the developer could proceed under the requirements of the existing zoning by-law. Comm.#97 - Nasco Investments Ltd.- Rqquesting that Council direct and instruct the City Solicitor to prepare the subdivision agreement based on the revised estimate submitted by the City Engineer. ORDERED on the motion of Aldermen Thomson, s,econded by Alderman Galloway that the communication be received and filed and the City Solicitor be directed to prepare the requested subdivision agreement with Nasco Investments Ltd. Note: Aldermen Schisler and McKinley returned to the Council Chambers. V.L.A.SUBDIVISION Report #283 - City Manager - Re: V.L.A.(Pitton) Subdivision. Advising that Choren Holdings Inc. has requested an extension of an agreanent between the City and E.g.Chorozy for a period of one year; submitting a resume of the plan of subdivision and the agreement; suggesting that the request be granted. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Hunt that the report of the City Manager be received and adopted and the extension granted. HACIENDA RESTAURANT - LUNDY'S LANE Report ~218 - City Manager - Referring to By-law 72-36 and an agreement with P. and E.Viscusi for certain relief from the parking requirements upon payment of $500; advising that in accordance with instructions from The Ontarb Municipal ?BDard, a Notice of Application waspublished and one letter of objection has been received. Report ~284 - City Manager - Advising that confirmation has been received that Mr.Viscusi wishes to proceed with the application as initially proposed; recommending ~hat the comments of the objector be noted and the application and objection be forwarded to the O.M.B. for their consideration. ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman that the report be received and adopted.' PELL STREET ENCROACHMENT Report #369 (June 14,1971) - City Manager - Re: Encroachment of buildings on the Pell St. road allowance; recommending that the City Solicitor be authorized to prepare a by-law permitting the encroachments subject to (a~ payment of $25.00 to cover legal costs; (b) a legal description of the premises and (c) a legal description of the encroachments prepared by an Ontario Land Surveyor. -6- PELL STREET ENCROACHMENT (tout'd) Report #285 - City Manager - Advising of a change in ownership in the property which has been purchased by Mr. Joseph T. Charlebois from the former owner, Mr. George BOzik; recommending that the authorizing by-law appearing on the agenda be passed by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the report be received and adopted. See By-law No.72-81 COMMUNICATIONS No. 98 - Mr.N.Mezes and 8 others - A petition from residents of McDougall Crescent objecti~gto the conditions at the residence of Mrs.JUdith Schilz,4758 McDougall Crescent. The complaints include dogs running at large, noise and neglected property. ORDERED on the motion of Alderman Thomson, seconded by Alderman McKinley that the conmunication be received and thepetition forwarded to the Humane Society and the Health Unit for investigation. No. 99 - Regional Municipality of Niagara - Advising that the Regional Council has passed a resolution petitionlug the Ministry of Transportation and Communica- tions that no further reduction in railroad passenger services to and from points within the Niagara Region be allowed until decisionsare made following the completion of the Region's Transportation Study. ORDERED on the motion of Alderman McKinley, seconded by Alderman Chessman that the communication be received and filed and the action taken by the Regional Municipality be endorsed by Council. REPORTS No. 286 - Planning and Development Committee - Re: Lands East of the Q.E.W.,south of Mountain Road, west of Dorchester Road. Advising that the bulk of the land has been acquired by two developers and the Planning and Engineering Staff have held a number of design meetings to prepare an overall layout for the area; advising of various changes including service roads, parks and schools; recommending that the overall plan for the area bounded by Dorchester Road, the Q.E.W., Hydro right- of way and Rolling Acres Subdivision be adopted in principle and that Council approve the revised location for the Montrose Road service road east of the Queen Elizabeth Way, subject to the approval of the land owners. ORDERED on the motion of Alderman Hunt, seconded by Alderman Somerville, that-.- the report be received and adopted. No. 287 - City Manager - Re: Application for a building pemit to erect a nine- floor apartment building containing 79 suites on the south side of Hugging Street, immediately west of the existing seven-floor apartment building known as Town and Country Towers. Recommending that Council approve of the site plan and permit the issuance of the building pemit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson that the report be received and adopted. No. 288 - City Manager - Re: W-5-1 Watercourse and Monastery of Mount Carmel. Advising that following negotiations with the solicitors for the Monastery of Mount Camel, a settlement has been arrived at subject to the approval of Council. The terms of the settlement are enumerated in the report. ORDEKED on the motion of Alderman Galloway, seconded by Alderman Hunt that the report be received and Council accept the settlement as outlined in the report. The motion Carried with the following vote: AYE: Aidemen Somerville, Galloway, Hunt~ McKinleys Chessman, Thomson. NAYE;Aldermen Puttick and Schisler. No. 289 - City Manager - Referring to the City's resolution requesting. the Regional Municipality to assume responsibility for the granting of 'aid to the Niagara District Airport Connission; noting that the Regional Council.have reaffirmed their decision to not undertake this responsibility in 1971 or 1972; recommending that the City and other municipalities participating in the granting of financial assistance to the Niagara District Airport again, during the latter part of the current year, repeat the request that responsibility for financial assistance to the Airport be a Regional responsibility beginning January 1, 1973. ORDERED on the motion of Aideman Thomson, seconded by Aideman Galloway that the report be received and adopted, - 7- No. 290 - City Manager - Re: Resolutions from other Ontario municipalities. 1. City of St.Catharines - Requesting the Regional Municipality of Niagara to maintain, for all time, the names of local streets at their intersection with King's Highways; recommending that the resolution be endorsed. 2. City of StratfOrd - Requesting elimination of supplementary benefits and standardization of pension benefits available under the Ontario Municipal Employees Retirement System; recommending that the resolution be not endorsed. Alderman Puttick indicated that he was opposed to the recommendation. 3. Borough of Scarborough - City of Ottawa - Resolutions sug~sting that proposed legislation relating to changes in the election procedure be amended to permit a three year term; advising that the City Clerk will prepare a report regarding the question of a uniform term of municipal office; recommending that the resolution be tabled until such time as Council has had an opportunity to review the proposed changes. 4. City of Stratford and the Township of Sarnia - Resolutions concerning police and welfare matters; noting that both matters are now Regional responsibilities and recommending that the resolutions be referred to the Regional Municipality for consideration. ORDERED on the motion of Alderman Thomson, seconded by Alderman McKinley that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary to Item No. 2. No. 291 - Recreation Commission - Presenting the program for Senior Citizens' We~k; advising that the Greater Niagara Senior Citizens' Association has been recognized by the Ontario Government for its excellent program and has been selected by the Minister of the Ministry of Connnunity and Social Services for the official opening of Senior Citizens' Week in Ontario, June 18 - 24th; extending an invitation to members of Council to attend and support the program. ORDERED on the motion of Alderman Cheesman, seconded by Alderman McKinley that the r~port be received and filed and as many member of Council as possible attend the various activities. No. 292 - Recreation Commission - Re: Special Regional Games for the Retarded, June 22 and 23rd, 1972; requesting permission to parade from Oakes Park to the Municipal Pool; the use of Oakes Park for the formation of the parade; the opening ceremonies at the Municipal Pool and a Regional swimmeet competition and requesting that the Parks Department, in cooperation with the Board of Education assist in the marking of the field at Westlane Secondary School for the Regional Track Meet on June 23rd. ORDERED on the motion of Alderman Thomson, seconded by Alderman McKinley that the report be received and the requests approved. No. 293 - City Manager - Re: Various Invitations and Requests. Invitations - 1. To attend Sunday Services on June 25, 1972 at 10:00 a.m. at the Church of St.John the Evangelist; 2. To attend the Niagara Peninsula Home Builders' Association "Civic Night", June 13th, Holiday Inn, St.Catharines, at 6:30 p.m.; 3. To attend functions to be held on June 22 and 23rd in connection with the Regional Games sponsored by the Greater Niagara Association for the Mentally Retarded; 4. An invitation from the Greater Niagara Senior Citizens' L.Association to attend Open House, 3une 20th, 1:30 p.m. to 5:00'p.m. The report recommends that the various organizations be thanked for their kindness in extending inv4mtiohs to the City Council and as many members as possible attend the various events. Parades - The Canadian Corps Association requests permission to hold the Annual Canadian Corps Pilgrimage Parade on Saturday, June 3rd. and the Chippawa Volunteer Firefighters Assoc. requests approval of their Annual Carnival and Parade on July 15, 1972. The report recommends that permission be granted to both organizations to hold parades on the dates and routes suggested and that the requests be conveyed to Regional authorities for their approval. ORDERED on the motion of Alderman Schisler, seconded by Alderman Galloway that the report be received and adopted. No. 294 - City Manager - Re: Bill 77 - Proposeddchanges to municipal election procedure. Recommending that information received from the Honourable Darcy McKeough~ Treasurer of Ontario, be referred to the City Clerk with instructions that he prepare a report containing recommendations he may have regarding the new legislation. ORDERED on the motion of Aldermen Galloway, seconded by Aideman Hunt that the report be received and adopted. -8- Reports (Cont'd) - 9 - Reports Cont'd) No. 295 - City Manager - Re: Dominion Day (July lst) and Remembrance Day (November llth). Recommending that Monday, July 3rd be granted as a paid holiday in lieu of Dominion Day and that Monday, November 13th be granted as a paid holidy in lieu of Remembrance Day. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman that the report be received and adopted. No. 296 - City Manager - Re: Payment of Tuition Fees for Employees of the Corporation. Recommending that any employee who enrolls in a course of instruction sponsored by a Municipal Association or a course of instruction at any University or College involving absence of not more than 2 days and which, in the opinion of the City Manager, will ass ist him in the performance of his duties with the City, may upon application in writing to his Department Head showing proof of enrollment and with the approval of the City Manager, receive an advance of 50% of the tuition fees. Upon satisfactory evidence that he has successfully completed the course, the balance of the tuition fees will then be paid. ORDERED on the motion of Aideman Cheesman, seconded by Aideman Puttick that the report be re ~eived and the recommended-policy be adopted. The motion Carried with Aideman Schisler voting contrary and all others in fayour. No. 297 - City Manager - Re: Protective Clothing Tender 1972. Recommending that the tender submitted by J.P.Hammill & Son L{m~ted in the amount.of $3,214.87 be accepted. ORDERED on the motion of Alderman Thomson, seconded by Aldermn Chessman that the report be received and adopted. See Resolution No. 56 No. 298 - City Manager - Re: Contract for Hot Mix Asphalt Overlays - Contract No.A.C.4-72. Recommending that the unit prices tendered by Steed & Evans Ltd. be accepted by Council and the work started at the earliest possible date.. ORDERED on the motion of Alderman Schisler, seconded by Alderman Galloway that the report be received and adopted. See Resolution No. 57 No. 299 - City Manager - Re: Concrete Sidewalk Construction - Contract No.S.C. 8-72. Advising that the work involves sidewalk construction in the Sunnylea Subdivision, the Wiltshire Extension Subdivision and certain streets which were included in the Local Improvement Program of 1971; recommending that the unit prices received from Steed & Evans Limited be accepted ~y Council. The'Deputy City Clerk advised that a petition had been presented by twelve of eighteen property owners on Sunnylea Crescent indicating that they would prefer to have curb-faced sidewalks installed. ORDERED on the motion of Alderman Oalloway, seconded by Alderman THunton that the report be received and adopted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the petition received from the residents of Sunnylea Crescent be received and referred to the City Engineer for a report. See Resolution No. 5~ .No. 300 - City Manager ~ Re: Road and Sidewalk Construction - Contract No.R.C. 6-72. Advising that the road and sidewalk construction will be carried out in the Galotta, Meadowvale Village (Stages 2,3 and 4) and Ussher Street Subdivi- sions; recommending that the unit prices tendered by Steed & Ey~ns Limited for Contract R.C.6-72 be accepted by Council. ORDEKED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted. See Resolution No. 58A No. 301 - City Manager - Recommending that the City Clerk and the City Treasurer be authorized to attend the Annual Conference of the Association o£ Municipal Clerks and Treasurers of Ontario, to be +held at Honey Marbout June 18 to 22rid, inclusive. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hunt that the report be received and adopted. No. 302 - Lottery Licensing Officer - Recom.~nd approval of applications to manags and conduct lotteries. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that the report be received and adopted. No. 303 - City Clerk - Advising that Mr.Graham Pobjoy of 4956 Camelot Crescent has applied to take over the entire operation of refreshment vehicles from Mr. Max Pa'setto who has been licensed for the past few years. Advising that the new owner wishes to operate four refreshment vehicles instead of three. The vehicles service construction sites, factories and commercial establishments where restaurant facilities are not available. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman that the report be received and the applications of Mr. Pobjoy for a licence to operate a retail store at 5397 Forsythe Street and for the operation of four refreshment vehicles be approved. No. 304 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville that the report be received and adopted and licences granted. No. 305 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Somerville, seconded by Alderman Thomson that the report be received and adopted. RESOLUTIONS No. 54 - MCKINLEY - THOMSON - RESOLVED that the Council of the City of Niagara Falls reaffirms its support of the application of the Ontario Municipal Board for approval of its By-law 70-211 passed on September 28th, 1970 and of pro- posed Amendment No. 44 to the Official Plan for the Niagara Falls Planning Area, to permit a regional shopping centre on lands on the south side of Lundy's Lane between the Queen Elizabeth Way and Montrose Road and directs the City Solicitor to appear at the hearing of the Ontario Municipal Board on behalf of the Corporation and to support the application for approval; AND the Seal of the Corporation be hereto affixed. The motion to approve the resolution Carried with Alderman Puttick voting contrary and all others in favour. No. 55 - See Page One. No. 56 - THOMSON-CHEESMAN - RESOLVED that the contract for Protective Clothing 1972 be awarded to J.P.Hammill & Son Limited at the tendered amount of $3,214.87; A~D the Seal of the Corporation be hereto affixed. Carried Unanimously No. 57 - SCHISLER - GALLOWAY - RESOLVED that the contract for Hot Mix Asphalt Overlays, No.A.C.4-72, be a~arded to Steed and Evans Ltd. at the unit prices submitted; A~D the Seal of the Corporation be hereto affixed. Carried Unanimously No. 58 - GALLOWAY - HUNT - RESOLVED that the unit prices received from Steed and Evans Ltd.for concrete sidewalk construction,Contract No.S.C.8-72,be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No.58A - SCHISLER - THOMSON - RESOLVED that the unit prices tendered by Steed and Evans Ltd.for Contract R.C.6-72,road and sidewalk construction be acgepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS WILLOUGHBY PLA(~JE Alderman Hunt asked that the Willoughby Plaque be placed in Cummington Square with the Chippawa Plaque. IMPROPER ATTIRE ~ COMMERCIAL AND TOURIST AREAS Alderman Puttick commented on the number of men who are seen on City streets without wearing shirts. He considered that the practice is offensive to shoppers and visitors and consideration should be given to enacting a by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman that a report be prepared in regard to the possibility of enacting a by-law prohibiting -improper-dress on City streets. - 10- INCREASED SPEED OF TRAINS IN WATSON STREET AREA It was moved by Alderman Thomson, seconded by Alderman Puttick that a report be prepared in regard to the increased speed of C.N.R.trains in the area north of Watson Street between Montrose Road and Kalar Road and, further, that the report include recommendations as to what steps can be taken to elim- inate the complaints of noise and damage caused by the vibration of trains travelling at excessive speeds. The motion Carried. CHERRYWOOD ACRES PARK Alderman Thomson enquired as to the present status of the expro- priation of certain lands adjacent to the Cherrywood Acres Park. The matter was referred to City Officials. FLOODING ON YOUNG ROAD Alderman Schisler reported that lands at the west end of Young Road near the Penn Central Railway tracks are under water due to poor drainage. He asked that the condition be investigated. BY-LAWS No.72-79 - A By-law to authorize the execution of a site plan agreement with River Realty Development Limited (former Lundy's Lane School Property) (See Page Four) No. 72-80 - 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. (The By-law was deleted from the agenda). No.72-81 - A By-law to authorize the allowingof an encroachment on Pell Street of two buildings owned by Joseph T.Cbarlebois end an agreenmnt with respect thereto. ORDERED on the motion of Alderman Cheesman, seconded by Aldex~nan Hunt that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldermen Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second mading. C ried Unanimously ar - 11- By-laws (Cont'd) No. 72-83 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Bunt and Alderman McKinley. Carried Unanimously ADJOURNMENT lhe meeting adjourned on the motion of Alderman McKinley, seconded by Aldermen Thomson. READ AND ADOPTED, - ~~ . · ficer Third Reading - Alderman McKinley and Aldermen Schisler. Carried Unanimously No.72-82 - 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. (Southminster United Church) ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderma~ Thomson that Rule 36(2) of the Standing Rules of Council be 'temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Hunt and Alderman Somerville, ~arried Unanimously i EIGHTEENTH MEETING Council Chambers, June 5, 1972. REGULAR MEETING Council met on Monday, June 5, 1972, at 7:30 p.m. for the purpose of cons idering general business. Alderman Bearss offered the Opening Prayer. All Members of Council were present with the exception of Alderman Thomson. His Worship Mayor F. J. Mille~ presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the minutes of the regular meeting held on May 23, 1972, be adopted as printed with a correction on Page 3, Line 50, to indicate that Mr.G.Wyllie addressed Council as a private citizen rather than as a member of the Bus iness ~nd Industrial Growth Committee; further, that the minutes of the Council Committee meeting held May 29, 1972, be adopted as printed. Alderman Bearss referred to the remarks of the City Solicitor as recorded in the May 29th minutes wherein he suggested that Council may find itself in a position of having costs awarded against the City for proceeding with shopping centre applications against marketing evidence. The Alderman requested that the City Solicitor provide Council with additional information as to what the City's liability could be. WELCOME His Worship Mayor Miller welcomed the pupils of Grade 8, Prince Philip School who, accompanied by their teacher Mrs. Oldland, were in the Council Chambers as observers. DEPUTATION Comm. #101 - Ontario Housing Corporation - Submitting an Information Bulletin outlining the Rent Supplement Program introduced by O.H.C. ORDERED on the motion of Alderman Chessman, seconded by Alderman McKinley that Mr. W. D'Arcy Halligan be granted permission to address Council. Mr. Halligan, Development Officer, Ontario Housing Corporation, explained that the rent supplement program would augment the O.H.C. new construction programs by agreements with landlords who have vacant units suitable for family housing. The test program is for 500 units throughout Ontario. Niagara Falls is one of 25 communities approad~ed to participate in the program. If approved by Council, a Proposal Call will be advertised to seek offers from interested proponents for 25 units throughout the City. The proposal call will be for apartment units, detached, semi-detached and row housing units. .They must be available or under construction and available for occupancy by the end of the year. Mr. Halligan said it would be possible to accept 20% of the overall number of units offered in an individual multi- family building or residential complex. The selection of tenants is the responsibility of the O.H.C. through the Niagara Falls Housing Authority. The tenantW share of the rent, based on income, is paid to the landlord with the difference being paid by the O.H.C. The tenants selected will be required to enter into a maximum one year lease with the owner; the normal form of lease is used, the only amendment being for rent adjustments based on income changes. The lease is renewable at the end of one year. The tenant would be permitted to remain in the unit for a 3 to 5 year period providing he is still within the perimeter of the O.H.C. Owners of properties will be required to enter into an agreement with O.H.C. for a period of three to five years. At the end of the first year, provision will be made for annual tax increases as is done with other O.H.C. rental units. If the agreement is for more than three years, provie~on will be made for increases or decreesea in taxes as well as adjust- ments for increased operating expenses. - 2- A Replying to questions by Alderman Chessman, Mr. Halligan advised that the agreement between the owners/developers is renewable or negotiable at the end of five years. At the end of the five year test period, the program will be assessed to determine if it should be continued. In reply to Alderman Bearss' expressed concern about possible objections to O.H.C. family units, Mr. Halligan stated there have been no such objections to date and large companies have approached Ontario Housing and offered to provide the required units. Alderman Wilson asked if it was the intention of O.H.C. to phase out older housing units to provide an opportunity for tenants to purchase their own homes. It was indicated that housing units were not being phased out at the present time. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the Ontario Housing Corporation be requested to provide rental housing accommodation for 25 families on a geared-to-income basis in the City of Niagara Falls under the Rent Supplement Program; further, that the Munici- pality agrees to contribute 7~% of any annual loss arising out of the said family housing. See Resolution No. 59 UNFINISHED BUSINESS Report ~210 - Lottery Licensing Officer - Re: Application to conduct daily Bingo Games fromMay 1, 1972 to Oct. 31, 1972 at 4933 Clifton Hill. The application by Canadian Arthritis and Rheumatism Society was denied by Council at a meeting held April 10, 1972. Comm.~102 - Mr. Charles Ryall - Re: Application to be submitted for Lottery Licence to operate Bingo on Clifton Hill by the Y.M.C.A. of Greater Niagara. Cormn. #103 - Ye~mg-Menwe Christian Association of Greater Niagara - A brief concerning a Lottery Liceace Application to operate Bingo. ORDERED on the motion of Alderman Galloway, seconded by Alderman Bearss that Mr.Wayne Pretty be granted permission to address Council. As spokesman for the Y.M.C.A., Mr. Pretty said that for the past several years the "Y" has strived to help satisfy some of .the needs in the municipality related to social unrest, drug problems, crime increase and breakdown in family relations. The organization has been considering bingo games as a source of revenue and bec~me aware of the availability of the Clifton Hill location. It is the opinion of the "Y" Directors, that the operation will not conflict with other bingo games' in the City. The Clifton Hill site being a tourist area, will not attract local residents and most of the revenue would be raised by tourist participation. Mr. Pretty said the company with which the "Y" would become involved is of high character, documented by letters attached to the prepared brief. The "Y" would rent the building from' Famous Players and lease equipment and purchase the prizes from Anglo Leaseholds Ltd. The '~", he said, will benefit without financial risk or obligation. It is planned to hire thirty local persons and the organization will "run the full operation". Alderman Puttick asked if the Y.M.C.A. is aware that Famous Players have changed their name and no longer operate in Canada as Famous Players. The Alderman said that information made available to him indicated that the Criminal Code prohibits the employment of workers to operate a charitable project. In addition, according to an Order in Council, no one other than a charitable organization is per- mitted to conduct and manage projects for charitable purposes. Alderman puttick advised further that a representative of the Department of Consumer Affairs has indicated his willingness to meet with "Y" representatives and outline reasons why the Y.M.C.A. should not become involved with Anglo-Leaseholders Ltd. In reply, Mr. Pretty said the Board of Directors has reviewed the proposal. In addition, the .office of the Attorney General had been contacted and there was no criticism of the application. He expressed the opinion that all aspects had been explored and the proposal -falls within the letter of the law". Mr. Pretty suggested that Council approve the liceace on a monthly basis and the ny. would present a fully audited report before the liceace was renewed. l - 3- ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that Mr. Charles Ryall be granted permission to address Council. Mr. Ryall, a solicitor representing Angle-Leaseholds, said that, according to Sec. 190 of the Criminal Code, a lottery licence can be granted by the Lieutenant Governor or through an agency which, in this instance, is the City of Niagara Falls and applicants must comply with conditions set forth by the municipality in the licence. In respect to other conments by Alderman Puttick, Mr. Ryall stated that the Y.M.C.A. does qualify as a charitable organization and the employment of workers is legal. He said that if the licence is granted the "Y" will be in a "totally proper position" according to the Crown Attorney in Welland. Mr. Carl Decicco was given permission to address Council on the motion of Alderman Martin, seconded by Alderman Bearss. Mr. Decicco appeared as a representative of the Niagara Falls Optimist Club. He elaborated upon the many projects undertaken by the Optimist Club and pointed out that Bingo was the main source of income for the organization. Approval of additional bingo games, he said, would adversely effect the youth work undertaken by the Optimist Club. It was then moved by Alderman McKinley, seconded by Alderman Bearss that Mr. B. Franz be permitted to address Council. Mr. Franz agreed with Mr. Decicco~s remarks and said the Bingo games sponsored by St.Ann~s Parish would also suffer and revenue from the Clifton Hill operation would not remain in the municipality. It was then moved by Alderman Puttick, seconded by Alderman Chessmen that the communications from the Y.M.C.A. and Mr. Charles Ryall be received and referred to the next regular meeting Of Council. The motion was Defeated with the following vote: AYE: Aldermen Puttick, Cheesman, Galloway and Schisler. NAYE:Aldermen Bearss, Somerville, Hunt, Mann, Martin, McKinley, Wilson. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communications from the Y.M.C.A. and Mr. Charles Ryall be received and filed and the application for a lottery licence to operate Bingon at 4933 Clifton Hill be denied. The motion Carried with the following Vote: AYE: Aldermen Bearss, Somerville, Hunt, Mann, Martin, McKinley, Puttick, Schisler, Wilson. NAYE:Aldermen Galloway and Chessman. NIAGARA SQUARE Report # 306 - Planning and Development Connittee - Re: Correspondence Received by Planning and Development Committee. Referring to a letter received from Mr. M. Vaughan wherein he requests that a by-law, Official Plan amendment and agreement in respect to Niagara Square be apprdved and recommended to Council; advising that Mr. D. Greenspan addressed the Committee and requested that the Committee recormnend to Council that a resolution be passed to process the application of Niagara Square quickly and a by-law be presented within four weeks; reconnend ing that four weeks after adjournment of the Cannai hearing, the Planning Department be asked to present a full report on the Niagara Square and Canadia applications, specifically related to the sites. Mr. David Greenspan was granted permission to address Council on the motion of Alderman Bearss, seconded by Alderman Chessman. Mr. Greensapan, a Solicitor representing Niagara Square, asked Council to support the reeommendation of the Planning and Development Committee and suggested that such approval will in no way reduce the cemnitment that Council feels it has to the Car{nai application. On the other hand, he said, it will increas~ the possibility of at least one ~hoppih~' ~entre getting the approval of the Ontario Municipal Board. -4- Speaking about the urgency o£ the request, Mr. Greenspan said that the cross-examination of the planning Administrator indicates a "strong likelihood that the Cannai proposal will be defeated". He stated that it was the joint opinion of the lawyers present that the Cannai hearing will not finish in less than four weeks of which the first two-week period will end on Friday, June 9th. The second two-week period, he said, will not commence for several weeks and perhaps some months. Mr. Greenspan said that,' in his opinion, Mr. Jamteson will not approve any shopping centre · until he has heard evidence about each of the applications before Council. The speaker also advised that information in respect to a market study, a traffic study and draft plan of subdivision for Niagara Square, not available earlier, has now been filed with the municipality. Following a lengthy discussion, it was moved by Alderman Puttick, seconded by Alderman Cheesman that the report of the Planning and Development Committee be received and adopted and that four weeks after adjournment of the Cannai hearing, the Planning Department be asked to present a full report on the Niagara Square and Canadia applica- tions, specifically related to the sites. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Runt, McKinley, Puttick, Schisler, Ch"'~esman, Wilaon. NAYE:Aldermen Galloway, Mann, Martin. CONCRETE SIDEWAIX CONSTRUCTION - SUNNYLEA CRESCENT Report #299 - City Manager - Re: Concrete Sidewalk Construction in the Sunnylea Subdivision, Wiltshire Extension Subdivision and certain streets included in the Local Improvement Program of 1971. When the report was presented to Council on May 23, 1972, a petition was received from property ownera on Sunnylea Creacent indicating their preference for curb-faced sidewalks. Report 307 - City Manager - Re: Sidewalk on Sunnylea Crescent. Conmnenting 'on several points that should he studied when the installation of curb-faced sidewalks is considered; reco~unending that on gunnylea Crescent sidewalks be constructed in the normal location, being four feet off the property line and that the entire question of curb-faced eonatrnction be considered at a future Council Connnittee meeting. It was moved on the motion of Alderman Bearss, seconded by Alderman Galloway that the report be received and adopted. It was then moved by Alderman Puttick, seconded by Alderman Schisler that the report be received and referred tO a future Council Connnittee meeting when a definite policy on sidewalk construction and locations will be established.' The motion Carried with the following vote: AYE: Aldermen Runt, Mann, McKinley, Puttick, Schisler, Cheesman, Wilson. NAYE:Aldermen Bearss, Galloway, Somerville, Martin. - SANITARY lANDFILL SiTE Report 273 - City Manager - Re: Sanitary Landfill Site. Reconnnending that submissions be invited fromvarious consultants for the necessary bore holes to accurately establish the water table and any other pertinent drainage information that might be required by the Waste ManaSement Branch of the Ministry of Environment. Report 308 - City Manager - Referring to certain problenm existing at the sanitary landfill site and advising that submissions made by three con- sulting engineering firms have been reviewed; recon~nending that the firm of Canadian British Engineering ~onsultants Limited be engaged to carry out the necessary work; noting that a report will be presented within a six to eight week period. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mann that the report be received and adopted. The motion Carried with the following vote: A._~: Aldermen Bearss, Somerville, Galloway, Mann, Martin, McKinley, Puttick, Schisler, Cheesman. NAYE:Aldermen Wilson and Runt. C OMMUNICAT IONS No. 104 - D. Palumbi & A. Valere - Comments re: improper drainage of the former Eaton property and problems experienced by residents of the north side of Crawford Place; requesting that consideration be given to the problem when the property is utilized for the construction of a new library. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that the connnunication be received and a copy forwarded to the Library Board and the Engineering Department in order that arrangements can be made to install proper drainage of the land as part of the construction of the new library. No. 105 - Mrs. O. McRae,I0529 Stanley Ave. - Relating experiences with rabid foxes and cor~nenting on the number of foxes in the marsh land and bush along the Welland River; requesting that the Regional Government be asked to impose the Fox Bounty regulations. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communication be received and referred to Staff for investigation and recommendation. Alderman Bearss suggested that Staff contact Mrs. Daniels of the Nature Club for additional information regarding rabid animals. No. 106 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carnival, June 14, 15 and 16, 1972; requesting permission to operate the carnival on the suggested dates and to engage the Joyes Shows of London to operate rides and concessions. ORDERED on the motion of Alderman Hunt, seconded by Alderman Cheesman that the connunication be received and the request approved providing use of the Stamford Green is approved by the trustees of the Green. No. 107 - Greater Niagara Safety Council - Requesting that Council make strong representation to the Board of Commissioners of Police to re- institute the operation of the TrafEic Clinic ~or driver education. ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that the suggestion be endorsed and an appropriate request forwarded to the Bcard of Commissioners of Police, Regional Municipality of Niagara. The motion Carried with Alderman Wilson voting contrary and all others in favour. No. 108 - Project Trillium - Requesting approval to display, in a useful capacity, the first and second prize-winning, school-decorated litter containers on Clifton Hill for the duration of the school vacation period; requesting also that the City undertake a feasibility study to determine the advantages of supplying heavy gauge plastic garbage bags to all residences and places of business where plastic garbage bags are habitually used. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the communication be received and referred to Staff for a report. No. 109 - Niagara Promotion Association - Re: Peach Festival,August 26,1972. Reportingon a meeting held to discuss the arrangements for a onerday Peach Festival to be held for ~e most part on Sylvia Place Market; requesting assistance and support. ORDERED on the motion of Alderman MAnn, seconded by Alderman Wilson that in addition to the financiai assistance provided to the Niagara Promotion Assoc. by an annual grant, that authority be granted fo~ the Municipal Float to be entered in the Peach Festival Parade. No. 110 - Town of Oakville - Advising that a resolution in respect to amend- ments to The Planning Act will be re-submitted to the Minister of Municipal Affairs; requesting that the resolution be endorsed and torments forwarded to the Minister. ORDERED on the motion of Alderman Martin, seconded by Alderman Schisler that the con~nnication be received and referred to Staff for a report. Communications (Cont'd) No. 111 - Niagara Falls Jaycees - Re: Jaycee's Beerfest. Requesting that Council sanction the holding of a beerlest at the Niagara Falls Arena on August 5and 7, 1972. ORDERED on the motion of Alderman Martin, seconded by Alderman Galloway that the communication be received and the use of the Niagara Falls Arena for the Niagara Falls jaycees Beerlest be approved subject to all necessary approvals. REPORTS No. 309 - City Manager - Re: 1972 Annual Operating Budgets. Conmnenting on many of the details contained in the budgets; reconnending that the report be received and filed and that the 1972 Budget Estimates, Mill Rates and necessary Levying and Collecting Authority be ratified by the by-laws which have been prepared and placed on the agenda'for this meeting. His Worship Mayor Miller and members of Council on various budget items and clarification on several matters was provided by the City Manager. It was moved on the motion of Alderman McKinley, seconded by Alderman Galloway that Item 12178 being a contingency fund of $15,000 for recreation and connnunity service improvements be cancelled from the budget and the grant to the Niagara Resort and Tourist Association be increased from $60,000 to $75,000 for the year 1972. The motion was Defeated with the following vote: AYE: Aldermen Galloway, McKinley, Puttick, Cheesmsn. NAYE:Aldermen Bearss, Somerville, Hunt, Mann, Martin, Schisler, Wilson· ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that the report of the City Manager be received and adopted and the 1972 Annual Operating Budgets be approved and the mill fetes therein be ratified by by-law· The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Chessman. NAYE:Aldermen McKinley, Puttick, Schisler and Wilson· RESOLUTIONS No. 59A- GALLOWAY - HUNT - RESOLVED [hAt [he Ontario Housing Corporation be requested to provide rental housing acco~modation for 25 families on a geared-to-income basis in the City of Niagara Falls under the Rent Supplement Program; further, that the Municipality ~grees to contribute 7%% of any annual loss arising out of the said family housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 60 - MCKINLEY - CREESMAN - RESOLVED that a message of condolence be forwarded to the family of the late James Parm, father of Mr. Marry Parre; AND the Seal of the Corporation-be hereto affixed. Carried Unanimously ' ' B Y- lAWS No. 72-8~ - A By-law to provide for the appropriations for the year 1972. ORDERED on the motion of Alderman Martin, seconded b~ Alderman Somerville that Alderman Bearss be granted the privilege of introducing the by-law and the by-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading· The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Chessman. NAYEAldermen Puttick, Schisler, Wilson, McKinley· l - 7- By-Law No. 72-84 (Cont'd) Third Reading - Alderman Mann and Alderman Hunt. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Cheesman. NAYE:Aldermen Puttick, Schisler, Wilson, McKinley. No. 72 - 85 - A By-law to fix the rates of taxation for 1972 and to provide for the levying of taxes. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mann that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the firs t reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Cheesman. NAYE:Aldermen Puttick, Schisler, Wilson, McKinley. ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Cheesman. NAYE:Aldermen Puttick, Schisler, Wilson, McKinley. Third Reading - Alderman Mann and Alderman Hunt. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Chessman. NAYE:Aldermen Puttick, Schisler, Wilson, McKinley. No. 72-86 - A By-law to provide for the collection of taxes for the year 1972. ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Chessman. NA, YE:Aldermen Puttick, Schisler, Wilson, McKinley. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Chessman. NAYE:Aldermen Puttick, Schisler, Wilson, McKinley. Third Reading - Alderman Mann and Alderman Martin. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, Cheesman. NAYE:Aldermen Puttick, Schisler, Wilson, McKinley. ADJOORNI~ENT ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hunt that the meeting adjourn until Tuesday, June 6, 1972 at 7:30 p.m. The motion ,CARRIED with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, McKinley Schisler, Cheesman. .NAYE:Aldermen Wilson and Puttick. READ AND ADOPTED, SEVENTEENTH MEETING Committee Rooms 2 & 3 May 29, 1972. COUNCIL COMMITTEE MEETING The Council Committee met on Monday, May 29, 1972, at 7:30 p.m. Alderman Martin presided as Chairman. All Members of Council were present with the exception of Alderman Thomson. Following consideration of the various items presented, the meeting adjourned to the Council Chambers to hear submissions by representatives of Cannai Holdings Limited, Canada (Niagara Falls) Limited and Mardress Invest- ments Limited (Niagara Square). The City Clerk read the recorded comments of Mr. D. Jamieson, Vice Chairman of the Ontario Municipal Board. During the Cannai hearing Mr. Jamjason asked for information as to whether it is Council's intention to pass official plan amendments for Niagara Square and Canadia and amendments to the restricted area by-law. He asked if the applications would be processed in the same manner as Cannai or whether it will be necessary for Niagara Square and Canadia to make appeals. Mr. Jamieson indicated that if the information was available Tuesday morning, May 30th, the Cannai hearing could continue.~ C~nmunication ~100 - Greenspan and Vsughan, Solicitors - Re: Niagara Square - Application to amend zoning by-law and official plan. Requesting permission to address Council on May 29th as a deputation, at which time Council will be asked to pass a rezoning by-law and official plan amendment to permit the Niagara Square development. In addition, Council is asked to authorize execution of an agreement with the developer. A draft by-law, amendment to the Official Plan and an agreement are attached to the communication. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that Mr. David Greenspan be granted permission to address Council. Mr. Greenspan, as solicitor ~or Niagara Square, said that unless Council takes some positive action with both the Niagara Square and Canadia applications, all shopping centres, including the Csnnai proposal, could be defeated by the objections of Oshawa Wholesalers. He expressed the opinion that if the Solicitor for Oshawa Wholesalers has an opportunity to "attack marketing evidence in three separate hearings, he may well be able to demolish each, in turn". If, on the other hand, the representative for Oshawa Whole- salers has to face three different marketing experts during one hearing, it is "less likely that the other proposals would be destroyed". Mr. Greenspan suggested that it is in the Boardts hands whether St.Catharines becomes, or continues to be, the commercial centre of the Niagara Region although it is not designated as such in Bill 174. He suggested that Council (a) pass a resolution acknowledging that the City is going to proceed with the applications by Niagara Square and Canadia; (b) pass a resolution instructing City Staff to process the two applications quickly and indicate to the Ontario Municipal Board that the City is processing the two applications but without c~nmitment to either and (c) that Council give first and second readings to by-laws amending the restricted area by-law and providing for an amendment to the Official Plan. The two readings, Mr. Greenspan said, would demonstrate the seriousness of intent but would give no commitment until detailed staff reports are prepared. This action, he said, would be consistent with the approvals given to Niagara Square and Cansdis. Communication ~101 - Weir and Fould8 - Re: Canada (Niagara Falls ) Limited. Referring to an earlier request that Council enact s by-law and official plan amendment to implement Council's approval of the Canadia application. Submitting working drafts for such implementing documents; a copy of a draft Official Plan amendment, a zoning amendment and a s its agreement. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that Mr. M. McQuaid be $ranted permission to address. Council. · - 2- Mr. McQuaid, as spokesman for Canadia (Niagara Falls) Ltd., said that Mr. Jamieson has had no clear indication from Council as to how the Cannai hearing should be conducted. He referred to the May lath hearing to consider applications to adjourn the Cannai hearing and suggested that the conunents of Mr. McGuire of the Ontario Municipal Board were an invitation to Council to process a~l three shopping centres so they could be dealt with at a consolidated hearing. Mr. McQuaid suggested that even if the Cannai hearing continues, there will be requests for a review or re-hearing at a later point. He suggested that a resolution of Council indicating to the O.M.B. that an official plan amendment and zoning by-law amendment are going to be processed with all due dispatch, would provide a vehicle to permit all the evidence to be heard, the issued reviewed and the matter of shopping centres resolved. Mr. McQuatd agreed with a suggestion by Aldermen Cheesman that a declaration of intent by Council rather than giving two readings to a by-law would probably be satisfactory to Mr. Jamteson who may continue the hearing on the basis that the applica- tions of Niagara Square and Cansdis are coming forward. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Mr. A. Eagleson be granted permission to address Council. Mr. Eagleson, a Solicitor representing Csnnat Holdings, reviewed the Cannat application and pointed out that the developers had made repre- sentations to the City and the O.M.B. in a normal fashion. He said that at the May lath meeting in Toronto, it was determined that the Cannai hearing should proceed and, as suggested, the City Solicitor had obtained reassurance from Council that they still supported the Cannai application and the Ctty's ' by-law. He said that, in his opinion, Mr. Jamieson's remarks indicate that he.wants "to hear that Council is conmmttted to the Cannat by-law and wants the hearing to proceed". Mr. Eagleson suggested that Council pass a resolution requesting the O.M.B. to proceed with the hearing relative to the Cannai application, with the support of Council, and the processing of the other two shopping centre applications be withheld until such time as the Cannai application is disposed of. The Planning Administrator, Mr. P. Van Belle, stated that when the Planning Department initially considered shopping centre applications, it was determined that there was room in the municipality for one major shopping plaza and this view is confirmed by marketing evidence. Mr. Van Belle referred to Mr. Jamiesonts comments in regard to providing a "schedule" if it was the intention of Council to amend the Official Plan and Restricted Area By-law. He said he presumed that the Vice-Chairman would expect Council to consider the applications of Niagara Square and Cauadia "in the light of commercial acreage in the conmunity"; this would entail a lengthy, detailed study. The Planning Administrator said he had to agree with the suggestion of Mr. Eagleson that the City proceed with the Cannai application and Council~eonfirm that Niagara Square and Canadia will be considered after a decision on Caunai. The Niagara Square group have indicated a marketing study, recently completed, would permit more thhn one shopping centre; this, he saM, can be discussed after the Cannai hearing. When asked to comment, the City Solicitor, Mr. H. R. Young, said that the resolution approved by Council on May 23rd was his understanding of what Mr. McCuire of the Ontario Municipal Board had asked him to ~o during the May lath hearing of the motion to adjourn the Cannai hearing. Mr. Young stated that Mr. Jamieson has asked if it is Council's intention to proceed at this time with the Canadia and Niagara Square proposals and to move fo~ard as quickly as possible; or does Council intend to withhold the processing of the applications until Cannai is disposed of. Mr. Young cautioned Council members that if it is decided to proceed with all three applications and if the marketing evidence that there is room for only one Regional size plaza is accepted by the O.M.B., the City '~ay find itself in a position of having costs awarded against it for proceeding against marketing evidence". He suggested that if Council adopted the course reco~ended by Mr. Greenspan and Mr. McQuaid, it would be reasonable to ask their clients, Niagara Square and Canadia, to indemnify the City £rom all coats. il - 3- A lengthy discussion followed during which Members of Council explained their viewpoints and expressed opinions on the question of a major regional shopping centre for the Municipality. It was then moved on the motion of Aldermen Mann, seconded by Alderman McKinley that Mr. D. Jamieson, Vice-Chairman of the Ontario Municipal Board, be advised that it is Council's wish that he proceed with the Cannai hearing. The motion was Defeated with the following vote: AYE: Aldermen Mann, McKinley and Martin. NAYE:Aldermen Bearss, Somerville, Galloway, Hunt, Puttick, Schisler~Cheesman, Wilson. It was then moved by Alderman Puttick, seconded by Alderman Cheesman that Council reaffirm their position that the Cannai hearing be continued and reaffirm their intentions to proceed with the processing of the other two applications. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, McKinley, Puttick,Schisler," Cheesman. ~ NAYE:Aldermen Mann, Martin and Wilson. See Resolution No~ 59 (see below) RESOLUTION No. 59 - PUTTICK - CHEESMAN - RESOLVED that Council reaffirm their position that the Cannai hearing be continued and reaffirm their intentions to proceed with the processing of the other two applications; AND the Seal of the Corporation be hereto affixed. Carried The meeting adjourned. READ AND ADOPTED, Clerk Mayor RESOLUTION NO. 59 - PUTTICK-CHEESMAN - RESOLVED that Council reaffirm their position that the Cannai hearing be continued and reaffirm their intentions to proceed with the processing of the other two applications; AND the Seal of the Corporation be hereto affixed. CARRIED With the following Vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, McKinley, Puttick, Schisler, ~' Cheesman NAYE:Aldermen Mann, Martin, Wilson NINTEENTH MEETING Council Chambers, June 6, 1972. REGULAR MEETING Council met on Tuesday, June 6, 1972, at 7:30 p.m. for the purpose of considering those items tabled from the meeting of June 5,1972. His Worship Fmyor F. J. Miller presided as Chairman. All Members of Council were present with the exception of Aldermen Bearss, Thomson and Wilson. REPORTS No. 310 - Planning and Development Conmittee - Re: AM-4/72 Double Deck Tours Ltd., Twp. Lot 19, Conc. 1, east side of Willoughby Drive. Advising that the applicant, R.W.Murray, is requesting approval in principle of the development proposed for property on the east side of Willoughby D~ive before proceeding with additional detailed study; recommending that the application be tabled for two weeks and a public notice be placed in the newspaper advising residents of the re-hearing. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 311 - Planning and Development Conmittee - Re: AM-16/72, J.Christensen, Pt. Twp.Lot 17,Conc.1, Twp.of Willoughby. An application to amend the zoning by-law for the subject property from Rural to Village Residential; the rezoning would reduce the frontage requirement from 200 feet to 100 feet; reconmaending that the application be tabled until further information is obtained. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 312 - Planning and Development Conunittee - Re: AM-18/72 T.J.Hishon, Lots 1-11, 26-41, 56-40,R.P.~5, north-east corner of Sherk and Sodom Roads. A rezoning application to permit the construction and operation of a gas bar. Reconmending approval of the application subject to a site plan and Site Plan Agreement and Health Unit approval; recommending also that Council certify that the application will conform to the Official Plan of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs after an Official Plan amendment is approved. Alderman Puttick suggested that all precautions be taken to control the development and to assure the erection of proper buildings. The Alderman spoke about the gas bar operation st the corner of Bridge St. and First Ave. and noted that the business consists of two gas pumps, two windowless illumintum buildings for lavatory purposes and a utility building. Alderman Puttick suggested that the conditions be investigated and the matter was referred to the City Engineer. ORDERED on the motion of Alderman Mann, seconded by Alderman Runt that the report of the Planning and Development Committee be received and adopted. Resolution No. 61 No. 313 - Planning and Development Committee - Re: AM-19/72 N. Luca, 5515 Buchanan Avenue. A zoning amendment application to permit the applicant to demolish an existing home and construct a new dwelling. ORDERED on the motion of Alderman Schisler, seconded by Alderman Martin that the report be received, the application approved and Council certify that the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. Resolution No. 62 No. 314 - Alderman D. Mann, Chairman, Planning and Development Conmaittee - Presenting the 1971 edition of the Annual Development Report prepared by the Planning Department. Reco~nending that the report be adopted as presented. ORDERED on the motion of Alderman Martin, seconded by Alderman Cheesman that the report be received and adopted and the Planning Department commended. - 2- Reports (Cont'd) No.315 - City Manager - Re: Camping Establishment Inspector. Advising that the Camping Establishment Inspector, Mr. Cecil Amadio, has recently become the proprietor of camping grounds within the Municipality and suggesting that another inspector be appointed; reconunending that Mr. Murray J. Johnston, or his representative, be des ignated as Camping Establishment Inspector for the City of Niagara Falls effective immediately- ORDERED on the motion of Alderman Hunt, seconded by Alderman puttick that the report be received and adopted. See Resolution No. 63 No. 316 - City Manager - Submitting requests from the F.W.Woolworth Co. Ltd. and Metropolitan Stores Canada to use the Municipal sidewalks for the display and sale of merchandise; enumerating several factors which should be taken ~ into consideration before granting approval; advising that verbal confirma- tion has been received that the Downtown Business Association will request permission to sponsor their annual sidewalk sale; recommending that both the F.W.Woolworth and Metropolitan Stores be asked to hold any sidewalk sales in conjunction with the project planned by the Downtown Business Association. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. No. 317 - City Manager - Re: By-law No. 71-111, 1971 Local Improvements program. Noting that the by-law provides for the construction of asphalt pavement, concrete curbs and gutters and storm drainage on both sides of Ann Street fromWaters Avenue to Warden Avenue and advising that one objection to the proposed construction has been received and forwarded to the Ontario Municipal Board; advising that Tuesday, July 11, 1972, at 11:00 a.m. has been set as the date of the O.M.B. hearing. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville that the report be received'and filed and the information noted. No. 318 - City Manager - Re: Retirement Allowance for Fire Fighters. Advising that Mr. W.H.Sills, a Fire Prevention Officer, was obliged to retire in April 1972 for health reasons and that, in accordance with the terms of Article 12.02 of the Collective Agreement with Local 528, will be entitled to a retirement allowance of $1200. per annum; reconnnending the passing of the necessary by-law to provide for the granting of Mr. Sills' retirement allowance. ORDERED on the motion of Alderman Galloway, seconded by Alderman Chessman that the report be received and adopted. No. 319 - City Manager - Re: Miss Dominion of Canada Pageant, June 27th through July lgt, 1972. Advising that it has been customary for the Municipality to act as host and sponsor a Civic Luncheon for the partici- pants in the contest; suggesting that His Worship Mayor Miller be authorized to make the necessary arrangements for a civic luncheon on Tuesday, June 27, 1972 at 12:30 p.m, and as many members of Council as possible attend. Alderman Chessman questioned why, each year, the City provides a civic luncheon for the Miss Canada Pageant while all other similar requests are denied. Mayor Miller said he believed that when the Pageant first came to Niagara Falls the Council at that time probably considered that the publicity for the City was worth the expenditure. Mayor Miller suggested that each request for civic receptions should be considered on its merit rather than the.present policy of denial. ORDERED on the motion of Alderman Mann,. seconded by Aldernmn McKinley that the report be received and adopted. No. 320 - City Manager - Re: Tender for Mowing Weeds on Private Lots and Chemical Weed Control, Contract No.W'~C.9-72. Recommending that the tendered prices of Earl Hurthie for parts A and B of the subject contract be accepted by Council, subject to the tendeter entering into the necessary contract documents with the Municipality within two weeks t~ne. OSDERBD on the motion of Alderman Mann, seconded by Alderumn Galloway vo~ing contrary . -[ - 3 - Reports (Cont'd) No. 321 - City Manager - Re: Lighting Oakes Park. Requesting Council's approval of the calling of tenders for the installation of lighting in Oakes Park with a closing date of June 27, 1972. ORDERED on the motion of Alderman McKinley, seconded by AldermanChessman that the report be received and the tender call approved. No. 322 - City Manager - Re: 1972 Conference of the Canadian Association of Fire Chiefs, Kingston, Ontario, August 20th to 25th, 1972; recommending that Fire Chief R.S.Thomas be authorized to attend. ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the report be received and adopted. No. 323 - Lottery Licensing Officer - Recommending approval qf the application of the Kinsmen Club of Niagara Falls to sell tickets locally in conjunction with a proposed Raffle Lottery by the Cornwall Kinsmen; advising that the Kinsmen Lotteries have been approved previously. ORDERED on the motion of Alderman Galloway, seconded by Alderman Chessman that the report be received and adopted. No. 324 - Lottery Licensing Officer - Recommending approval of applications to manage and conduct Raffle Lotteries. ORDERED on the motion of Alderman Martin, seconded by Alderman McKinley that the report be received and adopted. No. 325 - ~ity Clerk - Re: Application of Mr.G.Pobjoy for two additional refreshment vehicle licences, making a total of six vehicles for the Niagara Lunch Service. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that the report be received and the litantes for additional vehicles be approved. The motion Carried with the following vote: AYE:Aldermen Somerville, Galloway, Hunt, Mann, Puttick, Schisler,Cheesman. NAYE:AldermenMartin and McKinley. No. 326 - City Clerk - Reconunending denial of an application of The Whirl- Inn, 4015 River Road, for a Refreshment Vehicle licence for the purpose of selling ice cream; advising that the vehicle is placed on the premises and it is the opinion of the Building Inspector that the application does not conform to the zoning by-law. The City Clerk advised that a petition objecting to the proposal has been submitted by adjacent property owners. ORDERED on the motion of Alderman Martin, seconded by Alderman Galloway that the report be received and adopted and the licence denied. No. 327 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman that the report be received and adopted and licences granted, No. 328 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman McKinley that the report be received and adopted. RESOLUTIONS No. 61 - MANN - HUNT - RESOLVED that the Council of the City of Niagara Falls certifies that the application of T.J.Hison for the rezontng of Pt. Twp.Lot 7, Concession 2, situated on the north-east corner of Shark and Sodom Roads will conform to the Official Plan of the Niagara Falls Planning Area as amended and approved by the Ministerl' of Municipal Affairs after an Official Plan amendment enacted by Council is approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously -4- Resolutions (Gout'd) No. 62 - SCHISLER - MARTIN - RESOLVED that the Council of the City of Niagara Falls certifies that the application of N. Luca for the rezoning of property known as Lot 744, Plan 2628, located on the west side of Buchanan Avenue, conforms to the Official Plan Amendment No. 28 of the Niagars Falls Planning Area as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 63 - HUNT- PUTTICK - RESOLVED that Mr. Murray J. Johnston be and is hereby designated the Camping Establishment Inspector to inspect Camping Establishments and carry out any other duties required of the Camping Establishment Inspector, in accordance with and as required by the provisions of By-law No. 6425, 1963, as amended, and further, that the Camping Establishment Inspector may authorize any employee of the Corporation to exercise on his behalf any powers or duties required by the Camping Establishment Inspector under the aforementioned by-law; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 64 - MANN - GALLOWAY - RESOLVED that the tendered prices of Earl Murchie for parts Aand B of Contract No.W.C.9-72, Mowing Weeds on Private Lots and Chemical Weed .Control, be accepted by Council, subject' to the tendeter entering into the necessary contract documents with the Municipality within two.weekS~AND the Seal of the-Corporation be hereto affixed. Carried Unanimously No. 65 - MCKINLEY - MARTIN - RESOLVED that a message be conveyed to Alderman Wayne Thomson expressing the best wishes of Council for a speedy recovery; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS COUNCIL COMMITTEE MEETINGS Aldernmn Mann suggested that Council rescind the motion to hold regular public meetings every second week with C6uncil Committee meetings being held on alternate Mondays. The Alderman expressed the opinion that .the new system was not working satisfactorily nor was it serving the purpose intended. The City Manager pointed out that Council had approved his recommendation to adopt the new system for a three month trial period and suggested that the system had not as yet been given a fair trial. Mr. Price suggested the purpose of the committee ~ystem was to provide Council with an opportunity to thoroughly discuss and gain full knowledge of particular subjects and he felt this was being accomplished. A motion by AIderman Mann to revert to regular Council meetings every week was not seconded. ENFORCEMENT OF BY-LAWS Alderman Cheesman said that although the City has a Camping Establishment Inspector and other inspectors, there are areas where not mutch is done to enforce municipal by-laws. The City Manager advised that the City Clerk has been considering the matter and it may be possible to use existing staff to enforce those by-laws which need enforcing. The City Clerk is also reviewing the licensing by-law to bring it up-to-date and recommendations will be brought to Council in about.two months. t - 5 - NIAGARA FREEWAY Alderman Cheesman made reference to a recent news release indicating that the Regional Municipality of Niagara would not proceed with the construction of the Stanley Avenue bridge over the Welland River until the City of Niagara Falls had reached a decision relative to the designation plan for the proposed Niagara Freeway. Alderman Cheesman presented a complete resume of the discussions held with respect to the designation plan and the Stanley Ave. bridge noting that meetings were held with Regional authorities to discuss both matters. In addition, the Alderman reviewed the decision of Count il to withhold commitment on the designation plan pending comments being received from the Niagara Resort and Tourist Association. He suggested that the City is now in a position to make a decision in order to re-activiate plans for the construction of the bridge, pointing out that the City Council had, in fact, authorized agreements to purchase properties for future Freeway purposes. It was moved by Alderman Cheesman, seconded by Alderman Galloway that the Council of the City of Niagara Falls inform the Regional Munici- pality of Niagara that the City is not opposed to the filing of a designa- tion plan with respect to the Niagara Freeway. The motion Carried with Alderman Puttick voting contrary and all others in favour. ~ PENN CENTRAL - MAIN ST. CROSSING At the request of Alderman Somerville, the City Engineer will check the situation at the Penn Central cross ing of Main St. in the former Village of Chippawa where it is reported railway ties and stone have been left at the site. COMMENTS OF ALDERMAN WILSON His Worship Mayor Miller said that Alderman Wilson, who was unable to attend the meeting, had. asked that the following subjects be introduced at the meeting. 1. That a'sidewalk be constructed in front of Falls View Bre~h~nChurch on Drunkcud Road. ORDERED on the motion of Alderman McKinley, seconded by Alderman Mann that the matter be referred to the City Manager for a report. The motion Carried with Alderman Galloway voting contrary and all others in favour. 2. Removal of a tree in front of the residence of A. Morocco on Drunnnond Rd. ORDRRED! bn the motion of Alderman McKinley, seconded by Alderman Galloway that the matter be referred to the Parks Superintendent. ***** Report ~329 - City Manager - Re: Cinespheres International Limited. Advising that the firm has notified the City that they had decided to erect the cinesphere between the aquarium building and the New York Central Railway tracks rather than south of the bus terminal on Portage'Road; advising further that the Building Department has indicated that all zoning by-laws can be complied with and the Department is satisfied with the structure, subject to minor changes which have been agreed upon; recommending that Council accept the new proposed location of the cinesphere. ORDERED on the motion of Alderman Mann, seconded by Alderman Galloway that the report be received and adopted and the new site for the cinesphere be approved. The motion Carried with Alderman Puttick voting contrary and all others in fayour. BY-LAWS No. 71-85 - A By-law to authorize the acquiring, establishing, laying out and improving certain lands on Ellen Avenue in the Centre C~,anercial Area of the City for the parking of vehicles. (The by-law was given a first and second reading on May 25, 1971). Third Readin~ - Alderman theegroan and Alderman Mann. Carried Unanimously - 6- By-laws Cont~d) No. 71-175 - A By-law to authorize the construction of certain storm sewermains as extensions to the existing sewage system in the Urban Services Areas of the Gity. (The by-law was given a first and second reading on October 25, 1971) Third Reading - Alderman Martin and Alderman Hunt. Carried Unanimously No. 71-210 - A By-law to authorize the construction of a storm sewernmin on Ontario Avenue from Park Street to Simeoe Street in the Urban Service Area ofthe City. (The by-law was given a first and second reading on December 20, 1971) · Third Reading - Alderman Mann and Alderman Martin. Carried Unanimously No. 72-87 - A By-law to authorize the execution of an agreement with Earl Murchie carrying on business under the name of Custom Weed Control for,chemical weed control. ORDERED on the motion of Alderman Schisler, seconded by Alderman Martin that Alderman Hunt be granted the privilege of intro- ducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Readin~ -. Alderman Hunt and Alderman Cheesman. Carried Unanimously No. 72-88 - A By-law to authorize the execution of an agreement with Earl Murchie carrying on business under the nametof Custom WepdControl formowing weeds on private lots. ORDERED on the motion of Alderman Cheeaman, seconded by Alderman Schisler that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. 'Carried Unanimously Third Reading - Aiderman Hunt and Alderman Somerville. Carried Unanimously No. 72-89 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of sidewalks. ORDERED on the motion of Alderman Schisler, seconded by Alderman theesmart that Alderman Martin be granted the privilege of introducing the By-law and the By-law be Siren the first reading. Carried Unanimously - 7 - By-law No. 72-89 (Cont'd) ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried UnanimouslZ Third Reading - Alderman Schisler and Alderman Hunt. Carried UnanimouslZ No. 72-90 - A By-law to authorize the execution of an agreement with Steed and Evans LimPed for the construction of roads and sidewalks. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Hunt and Alderman Mann. Carried Unanimously No. 72-91 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of hot mix asphalt overlays. ORDERED on the motion of Alderman Cheesmsn, seconded by Alderman Martin that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimous ly Third Reading - Alderman Hunt and Alderman Schisler. Carried Unanimously No. 72-92 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Alderman Schisler be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion o~ Alderman Schisler, seconded by AIderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously -8- By-law No. 72-92 (Cont'd) Third Reading _ Alderman Mann and Alderman Hunt. Carried Unanimously ADJOURNMENT The meeting adjourned on the motion of Alderman Cheesman seconded by Alderman Galloway. READ AND ADOPTED, May TWENTIETH MEETING SPECIAL MEETING Committee Rooms 2 & 3 June 12, 1972. Council met in open session following a Council Committee Meeting on Monday, June 12, 1972, at approximately 11:00 p.m. All Members of Council were present with the exception of Alderman Thomson. His Worship Mayor F. J. Miller presided as Chairman. His Worship Mayor Miller explained that the purpose of the meeting was to consider a by-law to acquire lands in connection with the W-5-2 Watercourse. By-Law No. 72-93 - A By-law to acquire certain lands for or in connection with the W-5-2 watercourse improvement project and the construction of a sanitary sewermain. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Mann and Alderman Martin. Carried Unanimous RESOLUTION No. 66 - MANN - SCHISLER - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Ellis Morningstar, wife of Ellis Morningstar, M.L.A.; AND the Seal of the Corporation be hereto affixed. ADJOURNMENT Carried Unanimously (See below) The meeting adjourned on the moy~na~f~Alderman McKinley, secnnd~d by Alderman Cheesman. , ~' · ·, READ AND ADOPTED~ RESOLUTION NO. 66A - MARTIN-CHEESMAN - RESOLVED that the next regular meeting of the Council of the City of Niagara Fells be held on Thursday, June 22, 1972, commencing at 7:30 p.m. CARRIED - with Aidemen Puttick and Mann voting contrary. TWENTY-FIRST MEETING Council Chambers, June 22, 1972. REGULAR MEETING Council met on Thursday, June 22, 1972, at 7:30 p.m. for the purpose of considering general business. All Members of Council were present with the exception of Alderman Thomson and Alderman Martin. Alderman Wilson offered the Opening Prayer. His Worship Mayor F. J. Miller presided as Chairman. ADOPTION OF MINUTES It was ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman that the minutes of meetings held on June 5th, 6th and 12th, 1972, be adopted as printed. WELCOME His Worship Mayor Miller, on behalf of the City Council, welcomed the 12th Springfield, Ohio Scouts who, together with their leader were in the Council Chambers as observers. The Scouts were working toward their ~ Citizenship Merit Badge. PRESENTATIONS Report ~332 - City Manager - R~questing that Council present watches to retiring City employees; service pins to employees who have completed twenty- five years service and certificates to employees who have successfully completed various courses. His Worship Mayor Miller and Members of Council participated in the presentation of retirement watches to William Quinn, Charles Schabel and William Sills. Twenty-five year pins were presented to Miss B. Scott, H. Davyes, N. Irvine, J. Nalezinski,-A. Cotfield, R. Nicholson, F.Ferro and S. Code. In addition numerous City employees were presented with certificates for completion of various courses. Congratulations were extended to seventy employees of the Fire Department who have successfully completed the St.John Ambulance First Aid Course. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the City Manager be received and filed. DEPUTATIONS Comm.~ll2 - Mr. Russell Masterson - Re: Marsdale Park Proposal. Presenting details of a proposal to provide facilities for recreation, education, conservation, students sunmet and part-time employment, hand icapped citizens work program and senior citizens work programs; advising that Phase I, a Recreation Sports Complex will consist of an artificial ice arena and administration-service building; family swimming facility; multi-purpose lighted lacrosse bow1 and a park area; advising that upon Council's approval and the Site Plan Committee's stipulated approval, the developers will proceed with the necessary appointments of experts and committees, to fina~ize the financial arrangements for the cost of the arena. ORDERED on the motion of Alderman Somerville, seconded by Alderman Bearss that Mr. Bob Stewart be granted permission to address Council. Mr. Stewart explained that the purpose of his appearance before Council was to advise of the amount of work that has been done toward providing additional recreation and sport facilities for the citizens and youth of the Municipality. On behalf of students and volunteer workers involved in the proposal, Mr. Stewart thanked members of staff for cooperation and assistance provided. He sa~dthat as a result of research, surveys and traffic and environmental studies, it is considered that the location on Mountain Road is favourable for the proposed complex and would utilize 53 acres of a 240-acre farm. Mr. Stewart said there is a choice of "two mediums of operation", that is, a private commercial enterprise or the more desirable total City involve- ment and the formation of a Niagara Falls Civic Association in affiliation with the proposed 8.P.I,C,E. project. Replying to questions by Alderman Puttick, Mr. Stewart advised that h Marsdale Park is pact of Marsdale Holdings of which Mr. Russell Masterson is President Mr Masterson one of the originators o£ the proposals is involved - 2- in minor hockey and lacrosse and has obtained a franchise for a. Junior hockey team from the South Ontario Hockey Association. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the brief and plans presented by Mr. Stewart for the b~rsdale Park Proposal be referred to Staff for a report. UNFINISHED BUSINESS FORMER LUNDY'S LANE SCHOOL PROPERTY Report #106 - Planning and Development Committee - Re: AM-6/72, Niagara South Board of Education, Lot 40, Pt. Lots 38 & 42, R.P.64, south side of Lundy's Lane; recommending that Council approve an application for re-zoning to permit the establishment of a restaurant and other c~nmercial uses subject to a site plan and site plan agreement and all necessary modificiations by Senior Staff. By-law No.72-79 - To authorize the execution of a site plan agreement with River Realty Development Limited. (The By-law was given a first reading on May 23, 1972 and tabled for further information). Report #333 - Planning and Development Committee - Re: Niagara South Board of Education, 6348 Lundy's Lane. . Advising that the application was again considered by the Committee at a meeting held June 14, 1972; recommending that the property not be sold at this time but be kept as open space. ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that Mrs. S.Allen be granted permission to address Council. Mrs. Allen on behalf of residents of the area who have objected to the proposal, mentioned numerous reasons why the property should not be rezoned to commercial to permit the construction of a restaurant and · additional small stores on Lundy's lane. She cited increased traffic, litter, late hoots of operation, odour and flooding problems on Ker St. and Lundy's lane as reasons for the objections. Mrs. Allen asked Council to deny the application and reserve the property for a future civic need such as education, a day care centre, a chronic hospital, etc. rather than a non-essential enterprise which only the driving public can use. ORDERED on the motion of Alderman Galloway, seconded by Alderman McKinley that Mr. D.R. McDermid be granted permission to address Council. As spokesman for a delegation from the N½agara South Board of Education, Mr. McDermid said that the Board is concerned about the disposal of the Lundy*s Lane School property which, according to a pro- fessional appraisal, is rated as a prime commercial location. He commented on the preponderance of modern connnercial eatablishments in the immediate area of the former school, pointing out that the logical use of the property would be an extension of the commercial uses. Referring to the objections of the petitioners, Mr. McDerm~d advised that thdre will be no exists to Ker Street; the restaurant will accommodate 52 persons; the engineers have already stated that the land can be drained and the property will be sufficiently buffered to protect adjacent property owners. The developer, he said, is prepared to cooperate to the fullest extent and enter into a site plan agreement acceptable to City officials. In regard to the recommendation that the property be retained as open space, Mr. McDermid suggested that such a decision would require a resoning. The matter would then have to go to the Ontario Municipal Board and it was the opinion of the speaker that the Board would not allow such a rezoning unless the City is prepared to purchase the land. Mr. McDermid suggested that the property may already be zoned commercial and referred to Schedule B of By-law No. 2530 which indicates the land is designated tPublic School* and is located in the middle of a eomu,ercial zone. It was Mr. McDermidts opinion that onne the educational use ceases, the property reverts to the surrounding use, which is commercial. This 'suggestion has been referred to the City Solicitor. Following considerable discussion, it was moved by Alderman 'Galloway, seconded'by Alderman Chessman that the report of the Planning and Development Committee be received and filed and the proposed site plan agreement be revised to incorporate additional commitments made by the developer ,at the meeting of the Conmittee on June 14, 1972. - 3 - Alderman Puttick indicated that he wished to abstain from voting as, in his opinion, the report of the Planning and Dmvelopment Committee does not sufficiently answer the questions raised by Council when By-law No. 72-79 was introduced at the May 23rd meeting. The Alderman suggested that inasmuch as the by-law was given the first reading, Council is not proceeding in a proper, legal manner. It was then moved by AldermanGalloway, seconded by Alderman Hunt that Alderman Puttick be excluded from voting on the motion on the floor. Not__e: The vote was not taken on this motion. The motion by Alderman Galloway, seconded by Alderman Chessman to receive and file the report of the Planning and Development Committee and revise the site ~lan agreement Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Schisler, Chessman, Puttick. NAYE:Aldermen Hunt, Mann, Wilson, McKinley. DOUBLE DECK TOURS - THEME PARE AND PIONEER VILLAGE Report #310 - Planning & Development C~mnit_~te_~e - Re: AM-4/72 Double Deck~ Tourst Ltd., Twp. Lot 19, Conc. 1, east side of Willoughby Drive. Report #334 - Planning & Development Committee - Advising that the Co~nittee considered the request of the applicant for approval in principle of a proposal to develop a Theme Park, at meetings held on May 31st and June 14th; advising fuuther that a petition bearing 57 signatures was received in opposition to the proposal; suggesting that additional traffic for purposes other than residential should not be permitted on Willoughby Drive and that the major access should be via Willick Road; recommending that the applica- tion be denied. ORDERED on the motion of AldermanWilpon, seconded by Alderman Hunt that Mrs. C.Douglas be granted permission to address Council. Speaking on behal~ of area residents objecting to the application, Mrs. Douglas cited the following reasons why the development should not be allowed to proceed: increased traffic, hazards for school children who must walk on the road allowance; litter; pollution; noise; devaluation of property. Mrs. Douglas said the proposal would disrupt the country style of life presently enjoyed by the homeowners in the area who purchased their property to escape city living. She suggested also that the rezoning would open the area to additional coanercial development. ORDERED on the motion of Alderman Galloway, seconded by Alderman McKinley that Mr.S.J.Knight beganted permission to address Council. Mr. Knight, a Solicitor acting on behalf of the applicant, elaborated on the proposal as outlined in a prepared bridf and suggested the Theme Park and Pioneer Village will blend with the rural aspects of the area and will create employment.and assessment. He said that [nany of the existing problems such as lack of sidewalks and poor roads will be resolved because of the development. The parking area which is n~ proposed for the south-east portion of the property will be buffered by a green belt. Replying to questions by Alderman Bearss, Mr. Knight said he believed the developer would be prepared to pay his fair share of the costs of providing services. An indication of Council~s approval of the concept, he said, would Justify the applicant's considerationof additional cgm~,itments. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the report of the Planning and Development Conmittee be received and filed and the application of Double Deck Tours Ltd. for rezoning of property on the east side of Willoughby Drive be approved subject to a site plan agreement acceptable to Council; further, that City Officials be authorized to negotiate with the applicant in respect to providing necessary services on a cost-sharing basis. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville,~ay, Puttick, Chessman, Schisler. NA___~_~:Aldermen Runt, Mann, McKinley and Wilson. -4- - 5 - "Y" SWIPING FACILITIES Report #251A - City Manager - Re: Use of Niagara Falls Family "Y" Swimming facilities. Submitting a program for public swimming and a fee schedule. Report #335 - City Manager - Recommending that Council approve the by-law to authorize an agreement with the Y.M.C.A. with respect to the use of the swimming pool. ORDERED on the motion of Alderman Galloway, seconded by Alderman Cheesman that the report be received and filed'and ~eferred to the By-law. See By-law No. 72-96 APPLICATION TO OPERATE BINGO ON CLIFTON HILL Comm.#103 - Y.M.C.A. - A brief concerning a Lottery Licence Application to operate Bingo on Clifton Hill. Comm.#ll3 - Niagara Fails Family Y.M.C.A. - Commenting on the activities and commitments of the Y.M.C.A. and suggesting that the operation of Bingo would provide required revenue; requesting that Council approve the application for a licence. Report #336 - Lottery Licensing Officer - Advising that an application has been receiv~'from the Y.M.C.A. for permission to manage and conduct a series of Bingo Lotteries~until the end of October, 1972 at 4933 Clifton Hill; advising further that the games would be conducted daily from 9:00 a.m. to l:00a.m. with daily prizes estimated to be $3,800 which requires the approval of the City Council and the issuance of a licenee by the Department of Consumer and Commercial Relations. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss that Mr.W.Pretty be granted permission to address Council. Replying to a question by Alderman Puttick, Mr. Pretty said the question as to how much rent the Y.M.C.A. will have to pay for the building will be handled by the "Y" auditor. At the present time there is no contract and details cannot be finalized until the licence.is issued. Mr. Pretty pointed out that Mr.Fisher, Director of the Lotteries Branch, is satisfied that the "Y" will operate under the directions he has stipulated and has indicated the license will be granted by his Department if the application is approved by Council. ORDERED on the motion of Alderman Bearss, seconded by .Alderman Hunt that the communication and the report of the Lottery L~censing Officer be received and filed and the application of the Y.M.C.A~ for a licenee to operate Bingo at 4933 Clifton Rill be denied. The motion Carried with the following vote: AY__E: Aldermen Bearss, Somerville, Hunt, McKinley, Puttick, 8ehisler, Wilson. NAYE:Aldermen Galloway, Mann and Cheesman. PORTAGE ROAD BRIDGES Report ~405 (1971) - Re: Portage-Drummond-Morrison Road Network Study and other reports and conEnunicatione. Report ~337 - City Manager - Re: Portage Road Bridges over Hydro Canal and C.N.R.Railway. Referring to.the decision of Council on December 13, 1971, to adopt Road Concept 4D, Plate No. 11 of the Proctor & Redfern report on the understanding that the present Portage Road bridge over the Hydro Canal will be replaced with an appropriate new structure when required, with the City~e share of the bridge expenditure being financed by the R.E.P.C. in accordance with an existing agreement datled the 9th day of January 1967; noting that a number of meetings have been held with representatives of the Regional Municipality of Niagara and, in addition, s report has been submitted by Mr.F.R.Astrop of the Ministry of Transportation and Communications; recommending: '! "l I DRUMMOND-PORTAGE-MORRISON AREA ROAD NETWORK STUDY That Council reaffirm its decision of December 13, 1971 and (1) agree to transfer any additional monies that might accrue from the bridge over the Hydro Canal on Portage Road being built to collector design standards instead of the originally anticipated arterial road design standards that might have been available from the H.E.P.C., to the Region for use on the Morrison Street alignment, subject to the approval of the Ontario Hydro Electric Power Commission; and (2) that Council agree to send any City representatives deemed necessary along with Regional representatives to argue a case with the H.E.P.C. for a similar type of agreement for the Morrison Street cotssing of the Hydro canal, or any agreement that might be of advantage to the Regional Municipality of Niagara. DESIGN OF PORTAGE ROAD BRID~E OVER THE HYDRO CANAL That Council authorize the submission of proposals from various consulting engineering firms for the design and construction of the Portage Road Bridge to collector road standards, over the Hydro Canal. LOAD LIMIT FOR PORTAGE ROAD BRIDGE OVER HYDRO CANAL That Council authorize the passing of an appropriate by-law to place an eight-ton load limit on the Portage Road bridge over the Hydro Canal, ~ until such time as the bridge can be replaced with an adequate structure. PORTAGE ROAD BRIDGE OVER T~ C.N.R.RAILWAY That Proctor & Redfern Ltd. be authorized to proceed with the necessary design and negotiations for the Portage Road Bridge over the C.N.R. Railway, to collector standards. It was moved on the motion of Alderman Cheesman, seconded by Alderman Galloway that the report of the City Manager be received and adopted. The motion was amended on the motion of Alderman Puttick, seconded by Alderman Mann that recomnendation A..(1) indicate that any savings realized by the Portage Road Bridge being designed to collector rather than arterial road design standards be applied directly to the Niagara Falls share of the cost of the Morrison Street crossing of the Hydro Canal. The motion to amend the motion on the floor was Defeated with the following vote: bYE: Aldermen PuttiCk and Mann. ~YE:Aldermen Bearss, Somerville, Galloway, Hunt, McKinley, Schisler, Cheesman, Wilson. The motion to receive and adopt the report of the City Manager Carried with the following vote: AYE:Aldermen Bearss, Somerville, Galloway, Hunt, Mann, McKinley, Cheesman, Wilson. ~AYE:Aldermen Schisler and Puttick. CENTURY DEVELOPMENTS Report #723 (1971) - Planning Administrator - Re: Proposed Official Plan Amendment No. 51, AIM-l~/72 Century Developments, south-west corner of Thorold Stone Rd. and Confederation Ave. The rezoning will permit the establishment of a service station/retail store complex on the site. Report ~338 - Planning and Development Committee - Advising that the Ministry of Treasury, Economics and Intergovernmental Affairs has indicated they could not support the amendment to the Official Plan; recommending that the Municipality request the Minister to refer Official Plan Amendment No. 51 to the Ontario Municipal B~ rd. ORDERED on the motion of Alderman Galloway, seconded by Alderman Mann that the report be received and adopted. APPLICATION OF J.CHRISTENSEN Report ~311 - Planning and Development Committee - Re: AM-16/72, J. Christensen, Pt.Twp.Lot 17,Conc.l,Twp.of Willoughby. An application to amend the zoning by-law for the subject property from rural to Village Residen~ial; the rezoning would reduce the frontage requirement from - 6 - 200 feet to 100 feet; recommending that the application be tabled until further information is obtained. Report ~339 - Planning and Development Committee - Recommending that the by-law be amended in regard to frontage only, zoning to remain rural and the property be divided into three lots with 100 foot frontage each, with one lot having a width of 94 feet. ORDERED on the motion of Alderman Galloway, seconded by Alderman Somerville that the report be received and adopted. The motion Carried with the following vote: AYE:Alderman Bearss, Somerville, Galloway, Hunt, Mann, McKinley, Puttick, Chessman. NAYE:Aldermen Schisler and Wilson. V.L.A. (PITTON) SUBDIVISION Report ~340 - City Manager - Re: V.L.A.Subdivision. Recommending that the by-law authorizing the expenditure of $85,000 for the construction of the pumping station to permit the development of the lands, be given the required readings so that Ontario Municipal Board approval can be received. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss that the report be received and adopted. The motion Carried with the following vote: AYE:Aldermen Bearss, Somerville, Galloway, Hunt, Mann, McKinley, Chessman, Wilson. NAYE:Aldermen Puttick and Schisler. See By-law No. 72-104 COMMUNICATIONS No. 114 - Logan, Knight & McDermid - Re: Maid of the Mist Steamboat Co. Suggesting that better service could be afforded tourists if the Maid of the Mist could begin operating one hour earlier; advising that this could be accomplished by an amendment to the Treaty between the United States and Canada so that the respective hydro electric plants would, during the period of Daylight Saving Time, start water diversion one hour earlier at night and cease the water diversion one hour earlier in the morning; requesting the approval of Council and a letter consenting to and approving of the proposed change in the Treaty in support of an application presently being made by the Company to the Department of External Affairs. ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman that the communication be received and the request approved. No. 115 - Greater Niagara Softball Association - Re: Labatt's International Invitational Fastball Tournament, Ker Park, August 3rd to 7th, 1972, Requesting permission to erect a beer tent during the tournament. ORDERED on the motion of AldermanSchisler, seconded by Alderman Hunt that the communication be received and the beer tent be approved subject to all necessary approvals. The motion Carried with Alderman Wilson voting contrary and all others in favour. No. 116 - Miles for Millions - Commenting on the success of the 1972 Walk and expressing appreciation for the co-operation of the City, the City Manager and the Recreation Director. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the communication be received and filed; the comments acknowledged and those persons who assisted be commended. No. 117 - NLagara Falls Heritage Foundation - Re: Penn Central Clean-Up. Advising that the clean-up is now completed, the banks have been cleared, garbage and debris removed and flower seeds and shrub planted; expressing appreciation for the cooperation received from the City Staff, the City Manager, the City Engineer, J. Spears, Service Centre Supervisor, Mr. Prior, Mr. Judge, Mr. Hsrry Laur and Mr.G.Clsrk. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the communication be received and filed; the comments acknowledged and commendation forwarded to those persons mentioned iu the communication. - 7- Communications (Coni'd) No. 118 - Regional Municipalit7 of Niagara - Re: Maintenance Management Seminar, Tuesday, June 27, 1972, Beacon Motor Hotel, 12:30 p.m. An invitation to the Municipal Council and Administrative Staff to attend the luncheon and afternoon session. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that the communication be received and filed, the invitation accepted and as many members of Council as possible attend the Seminar. REPORTS No. 341 - City Manager - Re: Agreement with Niagara Falls Professional Firefighters, Local 528. Advising that tentative agreement has been reached with the negotiating committee of Local 528 on a two year agree- ment for 1972 and 1973; recommending that the terms as negotiated and outlined in the report be ratified by Council. ORDERED on the motion of Alderman Bearsa, seconded by Alderman Galloway that the report of the City Manager be received and adopted and the agreement with the Niagara Falls Professional Firefighters, Local 528, as proposed by the Negotiating Committees, be approved and ratified by Council. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, McKinley, Schisler,Cheesman. NAYE:Aldermen Mann, Puttick, Wilson. No. 342 - Planning and Development Committee - Re: AM-20/72 L. Martin, Pt. Lots 107 & 108, Plan 1791, west side St. Patrick Avenue. An application to rezone the subject property to permit the construction of a four-family building; reconmending that the application be denied. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the report be received and adopted and the application of L. Martin be denied. No. 343 - City Manager - Re: Request for exemption from Part Lot Control - Heritage Homesteads Subdivision; suggesting that the request for the relief of part lot control with respect to the semi-detached lots is reasonable and in conformity with established policy; recommend ing that Council authorize the passing of a by-law exempting the semi-detached lots in Registered Plan N.S.15 from part lot control. ORDERED on the motion of Alderman Mann, seconded by Alderman Galloway that the report be received and adopted. See By-law No. 72-97 No. 344 - City Manager - Re: Heritage Homesteads Subdivision. Advising that tenders for base road construction in the subject subdivision have beta advertised with a closing date of July 4, 1972; requesting Council's favourable concurrence with the procedure. ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that the report be received and the procedure approved as requested. No. 345 - City Manager - Re: Request of Wall Pinegrove Home Builders Ltd. for permission to connect to the water supply on the east side of Garner Road. Recommending that the applicant be permitted to connect to the municipal waistline on Garner Road subject to the property being included in the Urban Service Area; suggesting that the application for permission to enlarge tile Urban Service Area be approved by the Ontario Municipal Board before the actual connection is made. ORDERED on the motion of Aldermen Mann, seconded by Alderman Wilson that the report be received and adopted. The motion Carrie.__.._/dwith Alderman Bearss voting contrary and all others in favour. No. 346 - City Manager - Re: Lot 22, Industrial Plan 160, east side of Montrose Read. Advising that the convenants have now been complied' with and recommending that the City proceed to issue a Quit Claim Deed to the owners of the property. Alderman Puttick suggested that the matter be referred back to staff for further clarification regarding adherence to the covenants. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the report be received and referred to staff for further information. - 8- Reports (Cont'd) No. 347 - City Manager - Re: Development of Rapelie Street in the former Villege of Chippawa. Advising that additional services required on Rapelie Street include a storm sewer, asphalt pavement, concrete curb and gutter, sidewalks, pedestrian pathway to Ares Conrt and street lighting; the total estimated cost is $57,021.19; recommending that Council.permit the developer to deposit the total estimated cost prior to issuing any building permits. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report of the City Manager be received and adopted. No. 348 - City Manager - Re: Proposed Local Improvement Program - 1972. Submitting a program for the construction of sidewalks, asphalt pave- ments, concrete curbs and gutters, storm drainage and sanitary sewers on various streets within the Municipality; requesting approval of the program. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the report be received and the proposed Local Improvement Program for 1972 be approved. , , , , Note: A report of the City Clerk in respect to an application for a 'Refreshment Vehicle' licence was brought forward for consideration at this time. No. 349 - City Clerk - Re: Application of Mrs. Ruth Smith, 8200 Woodbine Street, for a 'Refreshment Vehidle~ licence. Advising that the applicant proposes to sell chips, hamburgs and hot dogs at various locations throughout the City. ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that the report be received and the application be denied. The motion Carried with the following vote: · A__~_~: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, McKinley, Puttick, Schisler. NAYE:Aldermen Wilson and Chessman. No. 350 - Cit~M~._nager - Re: Rodent Control. Conmaenting on the success of the Rodent Control Program initiated in the City on July let, 1971; advising that the existing contract terminates at the end of Jane and suggesting that a new agreement be executed for the service; recommending that the price received from PCO Services Limited, being $150 per month or $1,800 per year (subject to $150 discount if annual amount is paid in advance), be accepted for the next year and the appropriate by-law and agreement be executed as quickly as possible. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the report be received and adopted. See By-law No. 72-105 See Resolution No. 67 No. 351 - City Manager - Re: Gasoline Outlet - north-east corner Bridge St. and First Ave. A~vising that the location is properly zoned to permit a service station and a building permit was issued in accordance with the Ctty's by-laws; advising further that when the site is completed as planned, the building will not be seen due to the use of cedar fencing and, upon completion of this work, the landscaping will be completed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the report be received and filed. No. 352 - City Manager - Advising that the Collective Agreement between the City and Local 133, Caredjan tlnion of Public Employees, provides that the hours for clerical employees at City Hall shall be from 8:30 a.m. to 4:30 p.m. during the months of July and August; advising that the summer schedule will commence on Tuesday, July 4, 1972. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the report be received and filed and the summer schedule noted. - 9 - Re~ (Cont'd) No. 353 - City Manager - Re: Road Construction in Queensway G~rden Extension Subdivison - Contract No.R.C.10-72. Recommending that the unit prices tendered by Warren Bitulithic Ltd. be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the report be received and adopted. See Resolution No. 68 No. 354 - City Manager - Re: Dorchester Road Storm Sewer - McLeod Road to Douglas Street. Recommending that the contract be awarded to Vasto Construction Limited in the tendered amount of $69,093.00 and that the · increased expenditure of $26,000 be taken from Expansion and Renewal Funds or monies accumulated under By-law 76-11. ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that the report be received and adopted. See Resolution No. 69 No. 355 - City Manager - Re: Pulaski Parade. Recommending that the City Float be entered in the Pulaski Parade to be held on Sunday, October 15, 1972 in Buffalo, N.Y. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 356 - Planning and Development Committee - Re: Stratford Seminar on Civic Design, July 9th to llth, ~tratford; recommending that Council authorize two members of the Planning and Development Committee to attend the Seminar. ORDERED on the motion of Alderman McKinley, seconded by Alderman Somerville that the report be received and adopted. The motion Carried with Alderman Galloway voting contrary and all others in favour. No. 357 - City_.M~nae~ - Re: Annual Conference of Building Officials and Code Administrators International, Chicago. Recommending that the Building Inspector be permitted to attend the convention from June 25th to June 28th inclusive. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that the report be received and adopted. The mot ion Csrried with Alderman Schisler voting contrary and all others in favour. No. 358 - Recreation Commission - Presenting the Summer Recreation .Calendar for 1972. ORDERED on the mction of Alderman Hunt, seconded by Alderman Wilson that the report be received and filed. No. 359 - City Manager - Building Permits issued during May, 1972. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the report be received and filed. No. 360 - Lottery Licensing Officer - Recommending approval of applications to manage and conduct Raffle Lotteries. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt' that the report be received and adopted. No. 361 - City Clerk - Re: Application of Canadian Baby Photographers, Scarborough, Ontario, for a 'Photographer' licence; advising that the company proposes to have representatives take pictures of people in their homes. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and filed and the application be denied. No. 362 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that the report be received and adopted and licences granted. - 10- No. 363 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Galloway voting contrary and all oth~cs in favour. · RESOLUTIONS No. 67 - GALLOWAY - HUNT - RESOLVED that the contract for a Rodent Control PYogram in the City of Niagara Falls for the next year be awarded to PCO Services limited at the tendered price of $150 per month or $1,800 per year (subject to $150 discount if annual amount is paid in advance); AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 68 - MtNN - SCHISLER - RESOLVED that the unit prices tendered by Warren Bitulithic Ltd. for road construction in Queensway Gardens Extension Subdivision, Contract No. R.C.10-72, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 69 - BEARSS - MCKINLEY - RESOLVED that the contract for the con- struction of the Dorchester Road Storm Sewer from McLeod Rd. to Douglas St. be awarded to Vasto Construction Limited, Toronto, at the tendered price of $69,093.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 70 - ~HEESMAN - WILSON - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the City of Niagara Falls hereby requests a supplementary allocation of subsidy monies for work on roads and bridges under its jurisdiction as follows: Nil for Construction and $200,900 for Maintenance, in the total Mount of $200,900. The said monies shall be expanded on work performed in accordance with The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl..v No. 71 - GALLOWAY - SCHISLER - RESOLVED that the next regular meeting of the Council of the City of Niagara Falls be held on Tuesday, July 4, 1972, commencing at 7:30 p.m.; AND the Seal of the Carporation be hereto .affixed. Carried Unanimously No. ~2 - BEARSS - GALLOWAY - RESOLVED that a message of condolence be forwarded to the family of the late Norman Small, Area Superintendent, Niagara South Board of Education and respect resident of the Municipality; AND the Seal of the Corporation be here~o affixed. Carried Unanimously NEW BUSINESS ROYAL INN TOWER Alderman Puttick noted that Royal Inns had declared bankruptcy and enquired if the City would lose business taxes on the Royal Inn Tower. The City Manager indicated that it was not known at this time and the City is listed as one of the creditors. The City has been able to collect most of the taxes and has encountered no great problem since the property was transferred to Royal Inns. O.W.R.C.BOOKLETS Alderman Puttick referred to booklets distributed by the O.W.R.C. at the recent Waste Conference and noted that the caption under pictures in the booklet referred to the Chippawa Water Plant rather than the Niagara Falls Water Plan. - 11- BELLEVEE STREET - Q.E.W. Alderman Wilson referred to the proposed access to Valley Way from Bellevue Street and said it was his understanding that the access route was supposed to be finished before Bellevue Street was closed off at the Queen Elizabeth Way. The City Engineer replied that the necessary agreement which involves both the Ministry of Transportation and Communica- tions and the Hydro is being finalized. It is understood the work will be completed this sum~er and a report will be submitted to Council before the end of August. HIRING OF LOCAL LABOURERS FOR CITY CONTRACTS Alderman Wilson expressed concern that the policy in respect to the requirement that outside contractors hire local labourers is not being adhered to. The City Engineer replied that, in accordance with Council's instructions, the policy was "tightened up" and instructions have been issued to have the employment practices of contractors periodically checked. FENCING OF SWIMMING POOLS The City Engineer advised that the by-law in respect to the fencing of portable and above-ground swimming pools is being reviewed by staff. Mr. Rodman was replying to the comments of Alderman Somerville who had received several phone calls from residents expressing concern about the safety of children. HEIGHT OF HEDGES AT INTERSECTIONS In reply to questions by Alderman McKinley, the City Engineer stated that although there was no specific by-law regarding the height of bushes and shrubbery at street corners, City staff talk to homeowners and try to keep the maximum height at three feet to eliminate site problems. At the request of Alderman McKinley, the hedge at the south-west corner of Park Street and-Chrysler Avenue will be investigated. BY-LAWS No. 72-95 - A By-law to authorize an agreement with Niagara Falls Professional Fire Fighers, Local 528, of the International Association of Fire Fighters. ORDERED on the motion of Alderman Beerss, seconded by Alderman McKinley that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be glum the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Cheesman that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, McKinley, SchisleP, Cheesman. NAYE:Aldermen Mann, Puttick and Wilson. Third Reading - Alderman Hunt and Alderman Bearss. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt,McKinley, 8chisler,Cheesman, NAY__E:Aldermen Mann, Puttick, Wilson. No. 72-96 - A By-law to authorize an agreement with The Young Men's Christian Association of Greater Niagara with respect to the use of a swimming pool. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler that Alderman Puttick be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried_Unanimously - 12 - By-law No.72-96 (Cant'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with Alderman Wilson voting contrary and all others in favour. Third Reading - Alderman Mann and Alderman Hunt. The motion Carried with Alderman Wilson voting contrary and all others in favour. No. 72-97 - A By-law to designate certain land not to be subject to part lot control (Heritage Homesteads). ORDERED on the martian of Alderman Somerville, seconded by Alderman Hunt that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Wilaonaa~d~Alderman Hunt. Carried Unanimously No. 72-98 - A By-law to grant a retirement allowance to a municipal employee. (William R. Sills) ORDERED on the motion of Alderman Bearss, seconded by Alderman Cheesman that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Bunt that Rule 36(2) of the Standing Rules Of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with Alderman Wilson voting contrary add all others in favour. Third Reading - Alderman Mann and Alderman Hunt. The motion Carried with Alderman Wilson voting contrary and all others in fayour. No. 72-99 - A By-law to amend By-law No. 7862, being a by-law restricting the weight of vehicles passing over a bridge. (Portage Road). ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Alderman Somerville be granted the privilege of introducing the By-law,and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second read.img. Carried Unanimously Third Reading - Alderman Wilson and Alderman Hunt, Carried Unanimously ..... 137 - 13 - ~y-laws (Cant'd) No. 72-100 - A By-law to authorize an agreement with The Consumers' Gas Company respecting gas service for heating and water heating. ORDERED on the motion of Alderman McKinley, seconded by AldermanWilson that Alderman Chees~n be granted the privaege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the mot ion of Alderman Chessman, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Mann and Alderman Wilson. Carried Unanimously No.72-101 - A By-law to authorize the execution of an agreement with Warren Bitulithic Limited for the construction of roads.(Queensway Gardens) ORDERED on the motion of Alderman McKinley, seconded by Alderman Chessman that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that Rule 36(2~ of the Standing Rules of Council be temporarily suspended and the By-law be ,given the second reading. Carried Unanimously Third Reading - Alderman Wilson and Alderman Hunt. Carried Unanimously No. 72-102 - A By-law to authorize a lease of the old City Hall to Her Majesty The Queen in the right of the Province of Ontario, represented by the Minister of Government Services for the Province of Ontario. ORDERED on the motion of ,Alderman Bearss, seconded by Alderman McKinley that Alderman Wilson be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Un_animously ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Wilson and Alderman Runt. Carried Unanimously No. 72-103 - A By-law to authorize the execution of an agreement with Her Majesty The Queen in the right of the Province of Ontario as repre- sented by the Minister of Transportation and Communications for the Province of O~tario. ORDERED on the motion of Alderman McKinley, seconded by Alderman Sehisle~ that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously - 14 - By-law No.72-103 (Coat'd) ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Wilson and Alderman Mann. Carried Unanimously No. 72-104 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (V.L.A.Subdivison) (Two Readings Only) ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearss~ seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council he temporarily suspended and the By-law be given the second reading. Carried Unanimously No. 72-105 - A By-law to authorize the execution of an agreement with PCO Services Limited for the control of rodents. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Wilson that Alderman Bearss be granted the privilege of introducing the By-law and the By-law he given the first reading. Carried Unanimously ORDERED on the motion of Alderman Beerag, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Read~ - Alderman Mann and Alderman Hunt. Carried Unanimously No. 72-106 o A By-law to authorize the execution of a site plan agreement with Dow Construction Limited. ORDERED on the motion of Alderman Boarag, seconded by Alderman McKinley that Alderman Wilson be granted the privilege of introducing the By-law, and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wilson, seconded by Alderman Somerville that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Aideman Bearss and Alderman Hunt.. Carried Unanimously L - 15- By-laws (Cont'd) No.72-107 - 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. (Dow Construction) ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that Alderman Wilson be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wilson, seconded by Alderman Schisler that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried UnanimouslM Third Reading - Alderman Hunt and Alderman Boarag. Carried Unanimously No.72-108 - A By-law to authorize the execution of a site plan agreement with Fennell Developments Limited. (Huron Street) ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Hunt be granted the privilege of introducing the By- law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council he temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Hunt and Alderman Cheesman. Carried Unanimously No. 72-109 - A By-law to amend By-law No. 5335, 1955, as amended. ORDERED on the motion of Alderman Schisler, seconded by Alderman McKinley that Alderman Mann be granted the privilege of intro4ucing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of AIderman Mann, seconded by Alderman Somerville tha~ Rule 36(2) of the Standing Rules of Council he temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Aideman Wilson and Alderman Hunt. Carried Unanimously · No. 72-110 - A By-law to authorize the execution of a site plan agreement with Taro Properties Incorporated. (Sinnicks Avenue) ORDERED on the motion of Alderman McKinley, seconded by Aiderman Hunt that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Un6nimously ORDERED on the motion of Alderman Beerag, seconded by Alderman Mann that Rule 36 (2) of the Standing Rules of Council be temporarily sus- pended and the By-law be given the second reading. Carried Unanimously _Third Reading - Aideman Wilson and Alderman Hunt. Carried Unauimously - 16 - By-laws (Cont'd) No. 72-111 - 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 · (Taro Proparties Inc.) ORDERED on the motion of Alderman Schisler, seconded by Alderman Wilson that Alderman Beerss be granted the privilege of introducing the By-law and the By-law be given the flrst reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - AldermanWilson and Alderman Hunt. Carried Unanimously No. 72-112 - A By-law to amend By-law No.2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Bearss, seconded by Aldermen Cheesman that Alderman Wilson be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the secndd rea0ing. The motion Carrie~. with Alderman Galloway voting contrary and all others in layout. Third Reading - Alderman Bearss and Alderman Somerville, The motion Carried with Alderman Galloway voting contrary and all others in favour. No. 72-113 - A By-law to provide monies for general Burposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Schisler be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously Alderman Galloway referred to his suggestion in 1971 that consideration be given to limiting the number of Council members attending the annual conference of the Association of Municipalities of Ontario. The Alderman indicated his objection to the payment of approximately $1,400. for conference expenses. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that Rule 36(2) of the Standing Ruins of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with Alderman Galloway voting contrary and all others in favour. Third Reading - Alderman Wilson and Alderman Hunt. The motion Carr~fi with Alderman Galloway voting contrary and all others in favour. t 1 - 17 - ADJOURNMENT The meetlng adjourned at 12:30 a.m. on the motion of Alderman Mann, seconded by Alderman Wilson. READ AND ADOPTED, %WENTY-SECOND [METING SPECIAL MEETING Con~ittee Rooms 2 & 3, June 26, 1972. Council met on Monday, June 27, 1972, st 7:30 p.m. for the purpose of considering a report of the City Manager in respect to sidewalk construction on Sunnylea Crescent. All Members of Council were present with the exception of Alderman Thomson. His Worship Mayor F. J. Miller presided as Chairman. Report ~ 307 - City Manager - Sidewalk on Sunnylea Crescent. Cormnenting on several points that should be studied when the installation of curb- faced sidewalks is considered; recommending that, on Sunnylea Crescent, sidewalks be constructed in the normal location, that is, four feet off the property line. Following the connnents and explanatory remarks of the City Engineer, it was moved on the motion of Alderman Bearss, seconded by Alderman ~rtin that the report of the City Manager be received and adopted and standard sidewalks be constructed on Sunnylea Crescent. Carried Unanimously. It was then moved by Alderman Schisler, seconded by Alderman Puttick that the meeting adjourn to a Council Committee meeting. The motion Carried. READ AND ADOPTED, Mayor '! ii I TWENTY-THIRD MEETING Council Chambers, July 4, 1972. REGULAR MEETING Council met on Tuesday, July 4, 1972, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Cheesman offered the Opening Prayer. All Members of Council were present. ADOPTION OF MINUTES ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the minutes of the regular meeting held June 22nd and a special meeting held June 26, 1972, be adopted as printed. WELCOME On behalf of the members of Council, His Worship Mayor Miller welcomed Alderman Thomson upon his return to the Council Chambers. As a result of an accident the Alderman had been unable to attend several Council meetings. UNFINISHED BUSINESS NIAGARA SQUARE AND CANADIA Report ~364 - City Manager - Advising that the Planning and Development Con=nittee will give further consideration to the matter of shopping centtea at a meeting on July 5, 1972, at 2:00 p.m. ORDERED on the motion of Alderman Martin,.seconded by Alderman Hunt that the report be received and filed. CANNAI HOLDINGS LTD. Report ~365 - City Manager - Advising that notification has been received from the Ontario Municipal Board of a meeting at the Board's Chambers in Toronto, in respect to the continuation of the hearing of the City's applications for approval of Restricted Area By-law 70-211 and proposed Amendment No. 44 to The Official Plan (Cannai Holdings Ltd.); advising further that the City Solicitor will be required to attend the hearing on July 7, 1972. ORDERED on the motion of Alderman Bearas, seconded by Alderman Hunt that the report be received and filed. F. PINGUE PLASTERING LTD. Report #256 - Planning and Development Conmittee - Re: AM-15/72,F. Pingue Plastering Ltd., Lot 21, south aide of Frontenac Street. Council approved the application to erect an additional four-unit apartment building with a recreation area subject to a site plan and site plan agreement. Report #366 - Plannin~ and Development Committee - Re: Official Plan Amendment No. 56, F. Pingue, Frontchat St. Recommending adoption of the Official Plan Amendment by by-law and that Council certify that the application will conform to Official Plan Amendment No. 28 after approval of Official Plan Amendment No. 56. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. Bee By-law No. 72-114 See Resolution No. 73 LOT 22, IND. PLAN 160, MONTROSE ROAD. Report #346 - City ManaRer - Advising that the covenants have now been complied with and recommending that the City proceed to issue a Quit Claim Deed to the owners of the property, F. A. Branscombe Developments. Report #367 - City Manager - Providing additional information regardins adherence to the covenants; advising that the covenant in respect to the main front wall of the building has been complied with and the work inspected and found to be complete and aesthetically pleasing; recommending that City Council authorize the City Solicitor to proceed to issue the Quit Claim Deed as requested by the property owner. - 2- Report #367 (Cent'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman that the report of the City Manager regarding Lot 22, Industrial Plan 160, east side of Montrose Road be received and adopted and the City Solicitor be authorized to proceed with the issuance of a Quit Claim Deed. COI~ICATIONS No. 119 - Mr. T. Grosdanoff - Conmeeting on the continuing sewage problems at 6660 Hawkins Street; requesting that the problem be corrected. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomaon~ that the communication be received and referred to the City Manager for a report. No. 120 - Mr. T. Head - Re: Proposed expedition overland from London, England through Europe, through Africa to Capetown; suggesting an exchange of plaques between the Town of Victoria Palls, Rhodesia.and Niagara Palls. ORDERED on the motion of Alderman Bearss, seconded by Alderman Cheesman that the communication be received and tabled and%then assurance is received that the trip will take place, Mayor Miller be asked to make arrangements for a gift to be conveyed to the town of Victoria Falls. No. 121 - Town of Fort Erie - Re: A Resolution regarding Reciprocal Hunting Agreements. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the communication be received and filed and the resolution be not endorsed. No. 122 -Ont. Retail Gasoline & Automotive Service Association - Commenting on the Associationks objections to the establishment of gas bars. ORDERED on the motion of Alderman Martin, seconded by Alderman Thomson that Mr. D. Dalbello be granted permission to address Council. Mr. Dal Belle commented on the growing trend to install gas bars which provide only glass shelters for attendants, no washroom facilities and do not adequately serve the motering public. He pointed out that established service station operators pay business tax, employ local people, support community projects and contribute to the economic well-being of the municipality. Mr. Dal Belle also commented on the economic effect of gas bars on existing business which forces many stations to close and results in unemplo3nnent. He suggested that if gas bars cannot be prohibited, they should at least be required to erect decent facilities. Mayor Miller noted that during recent discussions regarding a proposed gas bar, it was suggested that the by-law be amended to provide greater control of service stations. The Planning Administrator said that the new zoning by-law, when ftnalized, will provide controls. The by-law does not allow service stations in all commercial zones but only in specific areas. He~ndicated that this matter will be reviewed before the draft zoning by-law is processed. Alderman Thomson questioned the approval of gas bars which do not provide adequate washroom facilities, pointing out that under The Public Health Act all places of business are compelled to provide washroom facilities for clients and the public. He suggested this aspect should be checked very carefully. The City Clerk advised that existing legislation which permits municipal Councils to pass by-laws restricting the number of gasoline outlets and service stations will soon be Mended. If rezoning is necessary to permit the erection of a service station~ the municipality, through a site plan and site plan agreement, can impose certain conditions. The municipality, he said~ lacks broad pe~ers where property is zoned correctly and the proposal meets the requirements of the National Building Code and the Gasoline Handling Act. l -3 - Communications (Cent'd) ORDERED on the motion of Alderman Thomson, seconded by Alderraan Puttick that the communication be received and referred to Staff for a report. No. 123 - Department of Labour - Re: The Construction Safety Act and The Trench Excavators' Protection Act - Transfer of Inspection Responsibilities to the Construction Safety Branch of the Ministry of Labour. Advising that if it is the decision of Council to turn over the responsibility to the Construction Safety Branch, it is required that a by-law be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler that the communication be received and referred to the City Manager for a report. REPORTS No. 368 - City Clerk - Report of the Council Committee. Recommending (1) that repairs be made to isolated sections of sidewalk either by the addition of an asphalt overlay or an application of albitol, using City forces, until such time as approximately 60% to 70% of an entire City block is in need of replace- ment; the new policy will involve replacement of the sidewalk for the entire length between streets, using a private contractor for the work; (2) that the current policy regarding the use of the provisions of The Local Improvement Act for the replacement of existing sidewalks be revised to provide that all re- construction be carried out at the expense of the Municipality and the Local Improvement program be not used in such cases; (3) that the City continue its policy of constructing sidewalks at standard locations with a boulevard between the curb and the actual location of the sidewalk particularly in new subdivisions. ORDERED on the motion of Alderman Galloway, seconded by Alderman Martin that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Bearss, Gateway, Hunt, Mann, Martin, McKinley, Puttick, Schisler, Chessman. NAYE:Aldermen Thomson, Wilson and Somerville. No. 369 - City Manager - Re: Site Improvements - Municipal Service Centre. Requesting approval of the calling of tenders for the construction of required stem drainage at the Municipal Service Centre, with a closing date of July 25, 1972. ORDERED on the motion of Alderman Hunt, seconded by Alderman Chessman that the report be received and adopted. The motion Carried with Alderman Wilson voting contrary and all others in fayour. The City Engineer requested that authority be granted to include in the same contract the construction of the approved sanitary sewer on Front St. in the former Village of Chippaws. ORDERED on the motion of Alderman McKinley, seconded by Alderman Mann that permission be granted to include the construction of the Front St. sanitary sewer in the tender call for storm drainage at the Municipal Service Centre. The motion Carried with Alderman Wilson voting contrary and all others in faYour. No. 370 - City Manager - Re: Centennial Square. An advisory report regarding the difficulties being encountered with a small electrical leak which causes a ground fault on the main pump in the Centennial Square pool; advising that three alternatives are now under consideration: (1) replacement of the existing pump with snobher submersible pump; (2) installation of a new pump at a location removed from the pool and (3) elimination of the large water cascade and substitution of a fountain effect requiring less water. ORDERED on the motion of Alderman Wilson, seconded by Alderman Puttick that the report of the City Manager be received and filed and Staff be instructed to contact three pump manufacturing firms (Jacuzzl, Beetry and Duro) regarding the purchase of a new type of pump or other means by which the Centennial Square water cascade can be made operable. The motion Carried with the following vote: AYE: Aldermen Somerville, Hunt, Mann, McKinley, Puttick, ThomsOn, Wilson. NAYE: Aldermen Galloway, Martin, Schisler, Chessman, Beerag. -4- Reports (Coni'd) No. 371 - City Manager - Re: Enlargement of Park in Cherrywood Acres Subdivision. Recommending that Council now authorize the appropriate officials to initiate proceedings under The Expropriations Act and to take the following steps: 1) complete the application for approval to expro- priate the lands:described in the Schedule attached to the report; 2) serve and publish the notice of application for approval to expropriate the required lands; 3) forward to the Chief Inquiry Officer any requests for an inquiry; 4) report to Council any requests for an inquiry. ORDERED On the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and adopted. No. 372 - City Manager - Re: Installation of Flood Lighting for Oakes Park, Contract ~P.L. 15-72. Recommending that the contract be awarded to Ecco Electric Limited at the tendered price of $40,993.00. ORDERED on the motion of Alderman Wilson, seconded by Alderman Cheesman that the report be received and adopted. See Resolution No. 74 No. 373 - City Manager - Re: Stage II underground services for Rola Woods Subdivision - Contract Number G.C.13-72. Recommending acceptance of the unit prices tendered by Provincial Grading and Excavating Ltd. Alderman Thomson noted that in new subdivisions where a residence is located on a corner lot and faces an unopened road allowance, the home- owner encounters a great deal of inconvenience because the developer is not required to stone the unopened road allowance or extend it. The Alderman suggested that consideration be given to making it mandatory for subdivision developers to bulldoze such unopened road allowances. ORDERED on the motion of Alderman Martin, seconded by Alderman Thomson that themport of the City Manager be received and adopted. See Resolution No. 75 No. 374 - City Manager - Re: Resolutions received from various Ontario municipalities. City of Windsor, Borough of Scarborough and City of Ottawa - Resolutions petitioninS Provincial authorities for legislation to provide that municipal elections be held once every three years; recommending that the three resolutions pertaining to a three year term for municipal councillors be received and filed. City of London - Requesting that all chemicals used in the treatment of sewage in sewage disposal plants be exempted from import duty and Federal Sales Tax; reconmending that the resolution be received and filed. City of Woodstock:- Requesting an amendment to The Assessment Act to allow the assessment of any business regardless of its location or in lieu thereof, the licensing of all mobile vehicles providing goods or services; recommending that the resolution be endorsed. Niagara South Board of Education - A resolution regarding the establish- ment of a common mill rate among predecessor board areas for education; recommending that the resolution be endorsed and the Minister of Education advised of Councilts decision. City of St. Catharines - PetitioninS the government to enact legislation to increase the charge for providing a statement of taxes; recommending that the resolution be endorsed. Town of Oakville - Requesting that the dedication of land for park purposes, currently 5% of the land included in a subdivision, be based on the density provided for in the plan; recommending that the resolution be endorsed. City of Windsor - Requesting Provincial assistance to aid in the con- struction of public libraries, galleries and museums in Ontario; recommending that the resolution be endorsed. City of Cornwall - A resolution regarding Federal Government grants for youth programs; recommending endorsation of the resolution. ORDERED on the motion of Alderman Martin, seconded by Alderman Wilson that the report of the City Manager be received and adopted. i -5 - Reports (Cont'd) No. 375 - Alderman N. J. Puttick - Submitting comments and observations regarding the Ontario Waste Conference, Toronto, June 18 to 21st, 1972. In elaborating upon the contents of the report, Alderman Puttick stated that the report was factual and, in his opinion, the conference was a 'waste of timet. ORDERED on the motion of Alderman Hunt, seconded by Alderman Somerville that the report be received and filed. No. 376 - His Worship Mayor F. J. Miller; Alderman F. Martin; S. R. Price, City ManaMer and J. L. Collinson, City Clerk. Report re: the 35th Annual Conference of the Canadian Federation of Mayors and Municipalities. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and filed. No. 377 - City Manager - Re: Planning Conference. Recommending that Mr. P. Van Belle, Planning Administrator, be authorized to attend the Annual Conference of the Town Planning Institute of Canada, July 9th to 19th, 1972, Saskatoon, Saskatchewan. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in favour. No. 378 - City Manager - Re: Ontario Municipal Board Hearings. Advising (a) that the Board has appointed Wednesday, August 9th, 1972 at 2:00 p.m. to hear persons interested in supporting or opposing Restricted Area By-law No. 72-60~ Texaco Canada Limited, south-east corner of Lundy's Lane and Drummond Road. (b) that the hearing date for Restricted Area By-law 72-29, Oliver Scott, a proposed camping establishment, Lundy~s Lane and Garner Road, is Wednesday, July 26, 1972 at 11:00 a.m. (c) that Wednesday, July 26th at 2:00 p.m. has been appointed as the hearing date of Restricted Area By-law No. 71-195, Ri~er Realty Development Ltd., northwest corner of Thorold Stone Road and Portage Road. ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that the report be received and filed and the hearing dates noted by Council. No. 379 - Lottery Licensing Officer - Recommending approval of applications to manage and conduct lotteries. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that the report be received and adopted. No. 380 - City Clerk - Recommending the granting of Municipal Licenoes. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the report be received and adopted and licenoes granted. No. 381 - City Manager - Recommending payment of Municipal Accounts; ORDERED on the motion of Alderman Wilson, seconded by Alderman Bearss that the report be received and adopted, RESOLUTIONS No. 73 - THOMSON-HUNT - RESOLVED that the Council of the City of Niagara Palls certifies that the application of F. Pingut Plastering Limited for the rezoning of Lot 21 south side of Frontenac Street will conform to Official Plan Amendment No. 28 after an Official Plan Amendment enacted by Council is approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 74 - WILSON - CHEESMAN - RESOLVED that the contract for the installation of Flood Lighting at Oakes Park, Contract ~P.L. 15-72, be awarded to Ecco Electric Limited at the tendered price of $40,993.00; AND the Seal of the CorpOration be hereto affixed. Carried Unanimously -6 - Resolutions (Conrad) No. 75 - MARTIN - THOMSON - RESOLVED that the unit prices tendered by Provincial Grading and Excavating Ltd. for the installation of underground services for Stage II Role Woods Subdivision, Contract ~;G.C. 13-72, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS GASOLINE PRICES It was moved on the motion of Alderman Hunt, seconded by Alderman Wilson that the City request the Ontario Retail Gasoline and Automotive Association to provide an explanation of the variation in the cost of gasoline in Niagara Falls as compared to other Ontario municipalities. The motion Carried. COUNCIL MEETINGS Alderman Hunt questioned the length of the Council meetings and noted that in the Town of Fort Erie Council meets twice a month and the meetings are of l~ to 2 hours duration. .On the other hand, the Council meetings in Niagara Falls last for four or five hours. In reply, the City Clerk suggested that the discrepancy could be due to the fact that Fort Erie is a town with perhaps less problems than a city and operates under a committee system of government. He also suggested that perhaps the Council of the City of Niagara Falls is more thorough in their consideration of municipal matters. In addition, Mr. Collinson noted that every effort is being made to shorten Council agendas, for instance, resolutions from other municipalities which were formerly presented individually, are now condensed and.covered in one report. Miscellaneous items such as invitations, letters of appreciation and matters that are for information purposes only, will also be covered in one over-all report. SWIMMING FACILITIES Alderman Hunt expressed concern that new swi~mming facilities will not be available in the municipality this summer. The Alderman was critical of the financial assistance given to the Y.M.C.A. which totals $76,100, pointing out that with an additional $25,000 it would have been possible to construct a swimming pool in an area more conv~nient for the residents of the Chippawa and Willoughby areas. CO~4ITTEE APPOINTMENTS Alderman Hunt stated that Alderman Puttick had asked if he would be agreeable to a change in appointments whereby Alderman Hunt would be the City's representative on the Hospital Board and Alderman Puttick would replace him on the Business and Industrial Growth Committee. Alderman Hunt indicated that, in view of Alderman Puttick's interest in the Industrial Committee, he would be willing to make the change. Alderman Puttick explained that the Chairman of the Industrial Committee had asked him if he would be adverse to the substitution and he had no further knowledge other than it had been indicated that he would be invited to the next meeting of the B.I.G. Committee. Alderman Puttick indicated that it was his intention to inform the Chairman of the Committee that he appreciated his confidence and the suggested appointment, but that under the circumstances he will not accep~ the invitation to sit on the Industrial Committee. HOLIDAY TRAFFIC - McLEOD ROAD Alderman Wilson said that the heavy traffic volume on McLeod Rd. was a detriment to residents of the area, industries located on Stanley Ave. and to fire, police and ambulance equipment should an emergency arise. The condition, he said, points up the need for the Region to proceed as quickly as possible with the construction of the Stanley Ave. Bridge over the Welland River which.will provide another access. The City Engineer noted that the Region had indicated the City's approval of a designation plan for the Niagara Freewaywas necessary before they could proceed with the bridge. - 7 - MoLted Rd. Traffic (Cent'd) Council subsequently passed a resolution indicating approval of the designation plan and Regional authorities were so notified. The matter was referred to the City Engineer for a follow-up. VALLEY WAY - VICTORIA AVE. INTERSECTION Alderman Wilson described the road conditions on Victoria Avenue at Valley Way as "appalling" and enquired what steps were being taken to remedy the problem. The City Engineer advised that complete reconstruction was included in the Region's capital budget. The City, he said, has requested the Region to include that section of Victoria Ave. in their asphalt overlay pro- gram but,to date, no reply has been received. b~IL BOXES Alderman Puttick reported receiving several complaints regarding the number and location of mail boxes in the City. He noted that in the old City of St. Catharines there are 350 boxes whereas in the entire City ~ of Niagara Falls there are 136. The Alderman said that apparently the mail boxes are not located every one-half mile as required by federal legislation and suggested that the matter be investigated, particularly in new subdivisions. PENSIONS Alderman Thomson indicated that he had received material from the Regional Niagara Police Association relative to the municipality providing a supplement to existing retirement allowances. It was pointed out that a report regarding pension supplements had been considered during the 1972 budget discussions and no action taken by Council. It was directed that the information received by Alderman Thomson be referred to City officials for consideration. BY-LAWS No. 72-114 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 56) ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Chessman that Rule 36 (2) of the Standing Rules of Council be temporarily suspended and the By-lawbe given the second reading. Carried Unanimously NOTE: Alderman Puttick retired from the Council Chambers. Third Reading - Alderman Wilson and Alderman Mann. Carried Unanimously No. 72-115 - A By-lawregarding the maintenance, management, regulation, control and taking over of certain Cemeteries. ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. ~ Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Rule 36 (2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously. Third Reading - Alderman Wilson and Alderman Somerville. Carried Unanimousl_Ly, -8 - By-laws (Cont'd) No. 72-116 - A By-law to authorize the allowing of an encroachment on Bridgewater Street and Cummington Square and an agreement with Stanley Bosnak and Anna Marie Bosnak with respect thereto. ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman McKinley and Alderman Wilson. Carried Unanimously No. 72-117 - A By-law to authorize the execution of an agreement with Provincial Grading and Excavating Limited for the construction of sewermains and watermains. ORDERED on the motion of Alderman McKinley, seconded by Alderman Martin that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Rule 36 (2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third ReadinR -AIderman Wilson and AIderman Hunt.. Carried Unanimously No. 72-118 - A By-law to authorize an agreement with W.P.~ondon and Associates Limited for Engineering services in connection with the proposed structural modifications for the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman McKinley, seconded by AIderman Schisler that Alderman Thomson be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that Rule 36 (2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third ReadipR - Alderman Wilson and AIderman Hunt. Carried Unanimously ~o. 72-119 - A By-la~ to provide monies for general purposes. ORDERED on the motion of AIderman Bearss, seconded by AIderman Somerville that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first readin8. Carried Unanimously -9 - By-law No. 72-119 (Cont'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Cheesman and Alderman Hunt. Carried Unanimously ADJOURNMENT The meeting adjourned at 9:30 p.m. on the motion of Alderman Chessman, seconded by Alderman Thomson. READ AND ADOPTED, C1 Mayor TWENTY-FOURTH MEETING Committee Room #1 July 17, 1972. COMMITTEE OF THE WHOLE Council met in Committee of the Whole immediately preceding the regular meeting held July 17, 1972. All Members of Council were present. Alderman Cheesman presided as Chairman. Following consideration of the item presented, it was ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that the Committee of the Whole arise and not report. READ AND ADOPTED, Mayor REGULAR MEETING Council Chambers, July 17, 1972. Council met on Monday, July 17, 1972, at 7:45 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Schisler offered the Opening Prayer. All Members of Council were present. ADOPTION OF MINUTES ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the minutes of the regular meeting held July 4, 1972, be adopted as printed. DEPUTATIONS Mr. Sam Nerenberg, President, Canadian Baby Photographers, requested permission to address Council in respect to Council's denial of his application for a 'Photographer's Licence'. ORDERED on the motion of Alderman Bearss, seconded by Alderman Cheesman that Mr. Neremberg be granted permission to address Council. Mr. Neremberg asked that Council re-consider their decision to deny his company a photographer's licence. He suggested that his firm was entitled to a licence inasmuch as it had been established for 22 years; appointments for pictures are arranged by recommendation and telephone only; the compa~/offers a money-back guaranty and one free picture without obliga- tion; the company has contracts with several malls, enjoys a good relation- ship with the Toronto Business Bureau and does not practice door-to-door solicitation. Considerable discussion followed during which Alderman Thomson expressed the views of local photographers and commented on the complaints by unsatisfied customers and the problems encountered by the City in the past. Alderman McKinley pointed out that itinerant photographers pay only a minimal licence fee and are not subject to business tax. He suggested that if it is the policy of Council to issue no licences to out-of-town photographers, the item should be deleted from the by-law. In reply to questions by Alderman Puttick, Mr. Neremberg indicated that cons ideration could be given to the possibility of establishing permanent facilities in - 2- the City. Alderman Puttick suggested that if staff investigations indicate that a firm is reputable, there may be instances where the company will eventually establish business in the municipality. ORDERED on the motion of Alderman Thomson, seconded by Alderman McKinley that Council reaffirm the earlier decision to deny a 'Photographer's Licence' to Canadian Baby Photographers. The motion Carried with the following vote~ AYE: Aldermen Bearss, Somerville, Hunt, Mann, Martin, McKinley, Cheesman, Thomson, Wilson. NAY__JE:Aldermen Galloway, Puttick, Schisler. Mr. Rudolph H. Meuser had requested permission to address Council on the subject of "Improved Communications". ORDERED on the motion of Alderman McKinley, seconded by Alderman Galloway that Mr. Meuser be granted permission to address Council. Mr. Menset commented on the need for improved communications between individuals, business people and governments. He was critical of the Council's policy of denying the press the right to inform the public of the matters discussed during Council Committee meetings. The policy, he said, is infringing on the freedom of the press and depriving the public of the right to be sufficiently informed before the issues discussed are ratified at a formal Council meeting. Mr. Meuser suggested that the present policy would be improved by an amendment requiring that letters requesting permission to address Council be accepted no later than 2:00 p.m. on the date of the meeting rather than the present requirement that such requests be presented on the Thursday preceding the date of the meeting. On behalf of Council, His Worship Mayor Miller thanked Mr.Meuser for his presentation and interest. UNFINISHED BUSINESS CANNAI HOLDINGS LIMITED Report ~382 - City Manager - Re~ Cannai Holdings Limited. Advising that Monday, September 11, 1972, has been fixed as the date for the continuation of the City's application for approval of Restricted Ar~a By-law 70-211 and proposed Amendment No. 44 to the Official Plan. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and filed. NIAGARA SQUARE AND CANADIA Report ~383 - City Solicitor - Re: AM-46/71,MardreSs Investments Ltd. and Niagara Square Corp. and AM-3/72, Cansdis Niagara Falls Limited. Referring to Council's expressed wish that the hearing with respect toC~nnai Holdings be continued and the processing of the Niagara Square and Cansdis applica- tions be proceeded with; suggesting that staff be given directions as to Council's wishes in the event that marketing evidence does not support the position that three potential regional shopping plazas should be permitted in Niagara Fails; suggesting also that Council indicate whether it intends to recommend to the Ontario Municipal Board which one, or two, plazas it would ask to be approved, or if it wishes the Board to make the selection; recommending that if Council intends to continue processing Of the Niagara Square and Cansdis proposals without making it clear to provincial authorities that it is asking for approval of only such number of potential regional shopping plazas as Justified by marketing studies and other evidence, the applicants first be required to furnish the City with an acceptable agreement or bond to indemnify the City from all costs and damages which might be awarded. It was agreed that the reports of the Planning and Development Committee regarding Niagara Square and Canadia should also be considered at this time. !| - 3- Report #384 - Planning and Development Committee - Re: AM-46/71 Mardress Investments Ltd. and Niagara Square Corporation. Referring to an earlier decision of Council to adopt the recommendation of the Planning and Development Committee to approve the application of Mardress Investments in principle and the request that the Committee present a full report on Niagara Square and Cansdis, specifically related to the sites, four weeks after adjournment of the Canhal hearing. The report deals with the recommended conditions of approval and the required Official Plan Amend- ment and recommends that the application be approved and Council adopt, by by-law, Official Plan Amendment No. 57 subject to the conditions outlined in the report of the Planning Department PD/112/72 and PD.113/72 with the provision that 5% of the commercial land be given for parks or cash-in-lieu thereof and that Block "D" be changed to allow tourist- commercial uses; also recommending the approval of the subdivision and return of the compIeted questionnaire to the Community Planning Branch. - Report ~385 - Planning and Development Committee - Re: AM-3/72 Canadia Niagara Falls Ltd. Referring to the earlier decision of Council to approve the application; enumerating the conditions of approval and commenting on an Official Plan Amendment which would permit a major retail commercial complex with an initial stage of about 200,000 sq.ft. and subsequent stages to an excess of 325,000 sq. ft; recommending approval of the Canadia application subject to the conditions as set out in a report of the Planning Department PD/116/72 and approval of Official-Plan Amendment No. 58. When asked to comment on the contents of Report No. 383, the City Solicitor expressed his concern about the wording of the recommenda- tions in the reports of the Planning and Development Committee and pointed out that if the recommendations are accepted, Council will be in the position of having approved three shopping centres. If marketing evidence does not support three plazas, he said, Council will likely be asked at some stage which proposal they prefer. Council is not on record as having indicated to the Municipal Board that they are not really asking for approval of all three applications and Mr. Young said that if he is authorized to advise the Board and the Official Plans Section that Council is asking for approval of only such shopping centres as marketing and other evidence justifies, the City will be in a better position. If the intention of Council is not clearly presented to the Board, he said, there is the possibility that costs would be awarded against the City. Mr. David Greenspan, Solicitor for Niagara Square, was granted permission to address Council on the motion of Alderman Bearss, seconded by Alderman Galloway. Mr. Greenspan cormnented on Council's previous decision to approve the Niagara Square application and asked that Council approve the report of the Planning and Development Committee and that the City Solicitor be instructed to submit a draft by-law in four weeks. Mr. Greenspan referred to the City Solicitor's report wherein it was recommended that Niagara Square and Cansdis be asked to post a bond and suggested that this would create a problem at this point. The question of costs, he said, is answered by Council's instructions to City staff to write to the Official Plans Section at the same time the amendments are forwarded, and ask for approval of only such number of shopping centres aa Justified by marketing studies. Mr. Young confirmed that notification to the Official Plans Section and the Ontario Municipal Board that Council Is not asking that three plazas be approved but wants approval of only such shopping centres as marketing and other evidence justifies, would meet the problem raised in his report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman McKinley' that Mr. M. J.'McQuaid be granted permission to address Council. -4- S~eaking on behalf of his client, Canadia Niagara Falls, Ltd., Mr. McQaaid noted that the report of Niagara Square indicates that Nisgara Falls could support two shopping centres while Canadia studies indicate only one centre is justified. He expressed the opinion that when the O.M.B. hearing resumes, there will be a competition among the various "contenders" as to which application will be ultimately approved. The three applications he said, will be considered and a decision made on the basis of planning, marketing and other evidence. He agreed that there shoald be a clear indication, either by letter or a statement by Mr. Young at the opening of the hearing, that Council is not asking for approval of three proposals. He suggested that some modification to the wording of the conditions in the official plan smendments would indicate that the shopping centres would be approved as marketing studies dictate. Mr. McQuatd asked that Council approve the reports of the Planning and Development Committee, perhaps with an addendum that Council looks upon this action as a means of getting the issue before the Board so that a decision can be made on the basis of evidence. ORDERED on the motion of Alderman McKinley, seconded by Alderman Galloway that Mr. R. H. Smela be granted permission to address Council. Mr. Smela, Solicitor for Cannai, advised that marketing reports, to date, support only one regional retail complex at this time; He pointed out that during the 10-dsyh~-~ing, the only material advanced was that of the City relating to the Cannai application. When the hearing resumes in September, he said, Cannai~s marketing experts will have an opportunity to testify. He said that while Cannai have expended a great deal of time, money and energy to obtain approval of their application, other developers have appeared and are now virtuaily in the same position as his client. To "open up the hearing' for Niagara Square and Canadia, he said, would complicate the matter and prolong the hearing unnecessarily. Mr. Smela suggested that Council consider holding the other two applications in abeyance until final disposition of the Cannai application. Considerable discussion followed during which members of Council re-iterated their stand in respect to the three applications and the City Solicitor and the Planning Administrator replied to many questions. It was then moved by Alderman Puttick, seconded by Alderman Wilson that the report of the Planning and Development Committee (~384) regarding AM-46/71 Mardress Investments Ltd. and Niagara Square Corp. be received and adopted. The motion Carrie~ with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Puttick, Schisler, Chessman, Wilson. NAYE: Aldermen Bearss, Martin, Mann, McKinley, Thomson. ORDERED on the motion of Alderman Puttick, seconded by Alderman Galloway that the report of the Planning end Development Committee (~385) regarding AM-3/72 Cansdis Niagara Falls Ltd. be received and adopted. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Puttick, Schisler, eheesman, Wilson. NA__YEYE:Aldermen Beares, Martin, Mann, McKinley, Thomson. ORDERED on the motion of Alderman Galloway, seconded by AIderman Hunt that the report of the City Solicitor (#383) regarding Niagara Square Corporation and Canadia Niagara Falls Limited be received and that the City Solicitor be instructed to advise the Official Plans Section and the Ontario Municipal Board that the City of Niagara Falls is asking for approval of Only such number of potential regional shopping plazas .as the marketing studies and other evidence can Justify. The motion Carrie__dwith Alderman Bearss voting contrary and all others in fayour. SEWAGE PROBLEMS - HAWKINS ST. - 5 - Comm. ll9 - Mr.T.Grosdanoff - Commenting on the continuing sewage problems at 6660 Hawkins St; requesting that the problem be corrected. Report 386 - City Manager - Re. Communication received from Mr.T.Grosdanoff. Advising that City forces have been instructed to excavate to the sewer lateral, since it is on the City road allowance, and make the necessary repairs in accordance with the recently approved policy. ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman that the advisory report of the City Manager be received and filed and a copy forwarded to Mr. Grosdanoff. HERITAGE HOMESTEADS SUBDIVISION Report #387 - City Manager - Re: Heritage Homesteads Subdivision NS-15, Stanley Ave. at Church's Lsne. Advising that in accordance with the Subdividers Agreement, the developer has provided a site plan for all the single family and two-family lots on which is displayed the proposed front yard set-backs for each dwelling; advising further that the set-backs vary sufficiently as to prevent any monotonous straight line of buildings; recommending acceptance of the plan as submitted. ORDERED on the motion of Aldernmn Puttick, seconded by Alderman Hunt thai the report be received and adopted. COMMUNICATIONS No. 124 - T.J.Smith and H.J.Smith - Re: Denial of licence to Smitty's Chuck Wagon to operate a refreshment vehicle. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that Mr.T. Smith be granted permission to address Council. Mr. Smith asked that Council reconsider the decision to deny his application and advised that he has ~nvested s great deal of money to obtain the finest equipment available; that he is dependent on the vehicle for income to support his family and operation of the truck would provide work for five unemployed residents of the municipality. Alderman Thomson advised that applications to operate refreshment vehicles must be approved by the Department of Health and suggested that Mr. Smith should try to satisfy the health regulations before applying for a municipal license. ORDERED on the motion of Aiderman Besrss, seconded by Alderman Martin that the communication be received and filed and Council reaffirm the earlier decision to deny the application of Smitty's Chuck Wagon for a 'Refreshment Vehicle' licenee. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Hunt, Mann, Martin, McKinley, Puttick, Schisler, Chessman. NAYE:Aldermen Galloway, Wilson and Thomson. No. 125 - Mr. Sam Gizzie - Advising that a proposed expansion to a Victoria Avenue business will make parking facilities short of by-law requirements by three spaces. The communication indicates Mr. Gizzie's willingness to enter into an agreement with the City whereby he would beallowed to pay cash-in- .lieu of providing the required parking. Mr. Gizzie was granted permission to address Council on the motion of Alderman Thomson, seconded by Alderman Mann. Mr..G.izzie said that he had agreed to pay cash in lieu of providing three parking spaces although he was of the opinion that he was only short two spaces. The Projects Engineer, A, Lamb, stated that the agreement would be prepared in accordanceI~ith the,policy recently approved by Council. ORDERED on the motion of Alderman Galloway, seconded by Alderman Mann that the co,-,,entcation beretsired and filed and Mr. Glzzie be permitted to enter into an a ~eement with the Municipality to make cash payments in lieu of providing the required parking spaces. - 6- NOTE: The first report appearing on the agenda was moved forward for con- sideration at this time on the motion of Alderman Galloway,-seconded by Alderman Mann. Report #388 - City Clerk - Re: Items considered by the Council Committee at a meeting held July 10, 1972. Item ADDITIONAL GRANT TO N.R.T.A. - The Council Committee recommends the transfer of $15,000 from Item No. 12178 of the Operating Budget, being a contingency fund for improvement to parks, to Item No. 12781 being the grant to the Niagara Resort and Tourist Association. ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman that the recommendation of the Council Committee be approved. The motion was Defeated with the following vote: A.,Y~.: Aldermen Galloway, McKinley, Puttick, Thomson,Chessman. NAYE:Aldermen Benrag, Somerville, Hunt, Mann, Martin, Schtsler, Wilson. Item 2 - SALE OF CITY-OWNED PROPERTIES - Referring to offers rceived for the purchase of several properties acquired by the City through tax registration procedures; recommending acceptance of the(a~ the offer of $2,600.00 submitted by William Amadio on behalf of C.S.Cristelli for property described as Parcel 3, Lots 14 and 15, Plan 16, South-west corner Terrace and Elgin Streets and (b) the offer of $2,000.00 by William Demizio for property described as Parcel 23, Lot 338, Plan 40, 6350 Ash Street. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the recommendation of the Council Committee be approved. Item 3 - REQUEST TO ERECT BANNER - A request of the Co-ordinator of the Niagara International Fastball Tournament for permission to display a banner on Victoria Avenue. The Council Committee reco~neuds that approval be granted subject to permission being granted by the Niagara Falls Hydro Commission and Regional Niagara. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that erection of the banner be approved. COMMUNICATIONS (Cont'd) No. 126 - Niagara Falls Hydro - Re: Oakes Drive - Inadequate Lighting. Requesting that City Council, the Regional Council, the Niagara Parks Commission and the Niagara Falls Hydro Electric Commission take joint action to illuminate Oakes Drive. ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that the communication be received and the request be approved~ The motinn Carried with the following vote: AYE: Aldermen Bearas, Somerville, Galloway, Hunt, Mann, Martin, McKinley, Puttick, Schisler, Thomson. NAYE:Aldermen Chessman and Wilson. No. 127 - Regional Municipality of Niagara - Re: Disposal of Solid Wastes. Requesting that City representatives attend a meeting in the Council Chambers at the Regional Office at 7:30 p.m., Tuesday, July 25, 1972, to discuss the long term problems and terms of reference in respect to solid waste disposal; advising that in addition to the twelve area municipalities, representatives of the Regional Planning Department and the Ministry of the Environment, Waste Management Branch, will a18o be in attendance. ORDERED on the motion. of AldermanThomson, seconded by Alde'rman Somerville that the communication be received and the City be represented at the meeting by members of Council. and City Staff. - 7 - Communications (Cont 'd) No. 128 - Treasurer of Ontario - Referring to a recent amendment to the Ontario Municipal Employees Retirement System Act which allows municipal councillors to become members of OMERS and thereby obtain pension benefits related to their earnings as councillors; submitting general information related to the participation of councillors. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the communication be received and tabled for two weeks to allow members of Council sufficient time to study the proposal. The motion Carried with Alderman Puttick voting contrary and all others in fayour. No. 129 - Latvian Lutheran Congregation - Requesting permission to sell lottery tickets within the City on behalf of the Hamilton Latvian Society Inc.; advising that the congregation will receive a 10% commission on tickets sold and that the profit from the sale will be for the benefit of the Church Building Fund. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the communication be received and the request approved. REPORTS No. 389 - City Clerk - Re: Rezoning application of Dow Construction Ltd. to permit the erection of Ontario Housing senior citizens' units on the east side of Portage Rd., south of Arthur Street; advising that a copy of by-law 72-107, notice of application and an explanatory note were sent to all property owners within the 400 foot notification area and, as a result of this procedure, a petition bearing 17 signatures, representing eight properties, has been received; requesting the direction of Council. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that the report be received and that notwithstanding the objections received, Council reaffirm its approval of the passing of a rezoning by-law to permit the erection of a 76-unit senior citizen building on the east side of Portage Road and, further, that the petition' received objecting to the proposal be forwarded to the Ontario Municipal Board for their consideration. NOTE: Alderman Mann retired from the Council Chambers. No. 390 - City Manager - Re:'Tree Removal at 6080 Drummond Road. Submitting a report prepared by the Superintendent of Parks and Cemeteries in respect to the removal of the tree as well as additional observations regarding the necessity of acquiring additional equipment to properly implement a tree removal program. ORDERED on the motion of Alderman Wilson, seconded by AldermanGalloway that the report be received and filed. No. 391 - City Manager - Re: Truck Routes. Referring to recent complaints from residents of St. James and St. Peter Avenues concerning heavy trucks using these two roadways; commenting on the advisability of enacting a new · truck route by-law; recommending that the necessary by-law be passed to prohibit heavy trucks oust. James Ave. and St. Peter Ave. from Thorold Stone Road to Colborne Street and on Valleyway from Stanley to Morrison St. ORDERED on the motion of Alderman Puttick, seconded by Alderman Martin that the 'report be received and adopted~ The motion ~arried with Alderman Bearss voting contrary and all others in favour. No. 392 - City_Manager - Re: On-street Parking. Recommending that the on- street parking meter by-law be amended to provide that basic parking meter rates be 10G for one hour and 5¢ for one-half hour; recommending further that the purchase of $8,400.00 worth of Duncan Meters and $4,000.00 worth of change-over parts to provide for the new rates= be approved; advising that, adequate funds have been provided in the'1972 Operating Budget for this expenditure. ORDERED on the motion of Alderman Puttick, seconded by Alderman Galloway that the report be received and adopted..The motion Carried with the following vote: AYE: Aldermen Benrag, Galloway,. Martin,-McKinley, Puttick, Schisler, ~esman,~en. NAYE:Aldermen Hunt, Wilson and Somerville. -8- Reports (Cent'd) No.393 - City Manager - Application of Steel Art Sign Co. for the erection of signs at the Canadian Tire Retail Store outlet on the south-east corner of McLeod Rd. and Dorchester Rd.; advising that the total advertising area of two signs is 145 square feet; recommending that Council approve the sign permits being issued for the erection of the proposed signs. ORDERED on the motion of Alderman Schisler, seconded by Alderman Galloway that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Martin, McKinley, Puttick, Schisler, Cheesman. NAYp:Aldermen Wilson and Thomson. No. 394 - City Manager - Re: Fire Alarm Services - Municipal Buildings~ recommending that Council approve the installation of automatic fire alarm system equipment by the Dominion Electric Protection Company at the following costs for three municipal buildings: (a) City Hall - Installation cost $2,616.00; Service Charge $138.00 per quarter or $552.00 per year. (b) Provincial Court House - Installation cost $1,450.00; Service Charge $144.00 per quarter or $576.00 per year. (c) Lundy's Lane Historical Museum - Installation cost $2,204.00; Service Charge $138.00 per quarter or $552.00 per year. ORDERED on the motion of Alderman Hunt, seconded by Alderman Bearss that the report of the City Manager be received and adopted. The motion Carried with Alderman Galloway voting contrary and all ethers in favour. Note: Alderman Puttick retired from the meeting. No. 395 - City Manager - An advisory report re: 1972 Provincial Winter Works Incentive Program. ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman that the report be received and filed. No. 396 - City Manager - Re: Replacement Program - Street Signs. Recommending the purchase of replacement street signs from the firm of Fawcett Metal Products at the quoted price of $2,277.72. ORDERED on the motion of Alderman Cheesman, seconded hy Alderman Martin that the report be received and adopted. See Resolution No.76 No. 397 - City Manager - Re: Road Construction in ~eritage Homesteads Subdivision - Contract R.C.14-72. Recommending that the unit prices submitted by Steed & Evans Ltd. be accepted for the subject work. ORDERED on the motion of Alderman Thomson,seconded by Alderman 8omer~ille, the report be received and adopted. See Resolution No. 77 No. 398 - City Manager - Sidewalk Repair Contract. Reeonmending that the contract for sidewalk repairs on various streets within the munici- pality be awazded to V.Kerrio-Germano Ltd. who submitted the lowest bid of $51,493.00. ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 78 No. 399 - Lottery Licensing Officer- Recommending approval of applica- tions to manage and conduct lotteries. ORDERED on the motion of Alderman McKinley, seconded by Aideman Hunt that the report be received and adopted. No, 400 - City Manager ~ Building Permits-issued during the month of June, 1972. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the report be received and filed. - 9- Reports (Cent'd) No. 401 - City Clerk - Recommending approval of Municipal Licences. · ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report be received and adopted and licences granted. No. 402 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Hunt, seconded by Alderman McKinley that the report be received and adopted. NOTE: Alderman Thomson retired from the meeting. RESOLUTIONS No. 76 - CHEESMAN - MARTIN - RESOLVED that the contract for the purchase of replacement street signs be awarded to the firm of Fawcett Metal Products at the quoted price of $2,277.72; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 77 - THOMSON - SOMERVILLE - RESOLVED that Contract R.C.14-72 for road construction in ~eritage Homesteads Subdivision be awarded to Steed and Evans Ltd. at the unit prices submitted; AND the Seal of the Corporation be hereto affixed. Cs__rried Unanimously No. 78 - WILSON - HUNT - RESOLVED that the contract for sidewalk repairs on variou~'~s~re~ts within the Municipality be a~nIedto V.Kerrio-Germano who submitted the lowest bid in the amount of $51,493.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 79 - MCKINLEY - WILSON - RESOLVED that His Worship Mayor F.J.Miller be authorized to issue a proclamation declaring Monday, August 7th,1972, as a Civic Holiday in the City of Niagara Falls and that all Civic Buildings remain closed on..~hat date; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS ADDITIONAL FUNDS FOR N.R.T.A. A motion by Alderman Bearss, seconded by Alderman Cheesman to transfer an amount of $5,000 from the contingency account for parks and community improvements to the grant for the Niagara Resort and Tourist Association was Defeate______~dwith the following vote: AYE: Aldermen Bearas, Galloway and Cheesmmn. NAY__E:Aldermen Somerville, Hunt, Martin, McKinley, Schieler, Wilson. CONVENTION EXPENSES Alderman Hunt questioned the validity of recent statements appearing in the press relative to the payment of convention expenses to himself and to Alderman Somerville. Alderman Somerville indicated that he was not conversant with the mileage remuneration paid by the City and that he had returned the mileage expenses to the City . ABOVE-GROUND SWIMMING POOLS Alderman Martin noted ths~ the owners of above-ground swimming pools are not required to fence such pools and expressed his concern about the hazards created for small children who are able to climb the ladders or stairs to pools which, in some instances, are 2~ feet deep. The Alderman asked that the matter be referred to the City Engineer for consideration of regulations which would alleviate the danger. The City Engineer indicated that members of staff are discussing the problem with other municipalities. - 10- BY-lAWS No. 72-120 - A By-law to authorize an agreement with Canadian-British Engineering Consultants (1971' Limited for engineering services in connection with a proposed extension of a sanitary landfill site. ORDERED on the motion of Alderman Chessman, seconded by Alderman McKinley that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first' reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - AldermanWilson and Alderman Schisler. Carried Unanimously By-law No. 72-121 - A By-law to authorize alterations to the steel roof trusses and beams of the Niagara Falls Memorial Arena.(TWO READINGS ONLY) ORDERED on the motion of Alderman Bearss, seconded by Alderman Schisler that Alderman Wilson be granted the privilege of introducing the By-law and the By-law he given the first reading. Carried Unanimously ORDERED on the motion of Alderman Wilson, seconded by Alderman · Martin that Rule 36(2) of the Standing Rules of Count il be temporarily suspended and the By-law'be given ~ke second reading. ~arried Unanimously Third Reading ~ Aldernmn Wilson and Alderman Martin. Carried Unanimously No. 72-122 - A By-law to authorize the execution of a release respecting Lot 22, Registered Plan No. 160 for the Township 'of Stamford, now in the City of Niagara Falls. ORDERED on the motiDn of Alderman Martin, seconded hy Alderman Wilson that Alderman Bearss'be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Besrsa, seconded by Alderman Hunt that Rule 36(2) of ths Standing Rules of Council be temporarily suspended and the By-law 'be given the seoond reading. ' Carried Unanimously Third Reading - Alderman Wilson and Alderman Hunt. Carrisd Un!nimousl~ No. 72-123 - A By-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of roads.. (Heritage Romesteads Subdivision) " ' - 11 - By-laws (Cont'd~ ORDERED on the motion of Alderman Schisler, seconded by Alderman Martin that Alderman McKinley be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily sus- pended and the By-law be given the second reading. Carried Unanimously T_hird Reading - Alderman Wilson and Alderman Hunt. Carried Unanimously. No. 72-124 - A By-law to authorize the execution of an agreement with Vincent Kerrio-Germano Limited for sidewalk repairs. ORDERED on the motion of Alderman McKinley, seconded by Alderman Somerville that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Wilson and Alderman Hunt. Carried Unanimously No. 72-125 - A By-law to authorize the execution of an agreement with Vasto Construction Limited for the construction of storm sewers (Dorchester Rd.) ORDERED on the motion of Alderman Schisler, seconded by Alderman · Bearss that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Rule 36(2~ of the Standing Rules of Council be temporarily suspended and the By-law be given the seoond reading. Carried Unanimously Third Reading - Alderman McKinley and Alderman Wilson. Carried Unanimously No. 72-126 - A By-law to authorize the execution of an agreement with E'c&o'Electric Limited for installation of floodlighting at Oakes Park. ORDERED on the motion of Alderman Martin, seconded by Alderman Somerville that Alderman Bearss be granted theprivilege of introducing the By-law and the By-law be given the first reading. Carried UnantmoBs. ly' - 12- By-law No.72-126 (Coni'd) ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Readin~ - AldermanWilson and Alderman Martin. Carried Unanimously No. 72-1E7 - 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 .(Luca) ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hunt that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. ! Carried Unanimously Third Reading - Alderman Hunt and Alderman Wilson. Carried Unanimously No. 72-128 - A By-law to authorize an agreement with W.P.London and Associates Limited for engineering services in connection with the proposed structural modifications for the Stamford Memorial Arena. ORDERED on the motion of Alderman McKinley, seconded by AldermanSchisler that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, ~econded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be tempDrarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman Wilson and Alderman Hunt. Carried Unanimously No. 72-129 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No,57) ORDERED on the motion of Alderman Cheeaman, seconded by Alderman Wilson that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. The motion Carried. with the following vote: AYE: Aldermen Searag, Somerville, Galloway, Hunt,Schisler, f,b{sier, Chessman, Wilson. NAY__E:Alde~men McKinley and Martin. ORDERED on the motion of Alderman Hunt, seconded by Alderman Somerville that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carrie~d with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Schisler, Chessman, Wilson. ,m NAYE Aldermen Bearss, McKinley and Martin, - 13 - By-law No.72-12~_(Cont'd) Third Reading - Alderman Wilson and Alderman Hunt. The motion Carried with the following vote: ' AYE: Aldermen Somerville, Galloway, Hunt, Schisler, Cheesman, Wilson. NAY___~E:Aldermen Bearss, McKinley and Martin. No. 72-130 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 58) ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hunt that Alderman Somerville be granted the privilege of intro- ducing the By-law and the By-law be given the first reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Schisler, Cheesman,Wilson. NAYE:Aldermen McKinley and Martin. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: bYE: Aldermen Somerville, Galloway, Hunt, Schisler, Chessman, Wilson. NAYE:Aldermen Bearss, McKinley and Martin. Third Reading - Alderman Wilson and Alderman Hunt. The motion Carried with the following vote: A._~_~: Aldermen Somerville, Galloway, Hunt, Schisler, Chessman, Wilson. NAY____EE:Aldermen Bearss, McKinley and Martin. No. 72-131 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading -.Alderman Wilson and Alderman Runt. Carried Unanimously The meeting adjourned at 12:10 a.m. on the motion of Alderman McKinley, seconded by Alderman Cheesman. '. READ ANDADOPTED, Mayor TWENTY-FIFTH MEETING REGULAR MEETING Council Chambers, July 31, 1972. Council met on Monday, July 31, 1972, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Puttick offered the Opening Prayer. All Members of Council were present. ADOPTION OF MINUTES ORDERED on the motion of Alderman Wilson, seconded by Alderman Martin that the minutes of the regular meeting held July 17, 1972, be adopted as printed. UNFINISHED BUSINESS NIAGARA SQUARE Report ~403 - City Manager - Re: Mardress Investments Ltd.,Niagara Square Developments, Twp. Lots 178, 179, 186, 187. Recommending preliminary approval of the proposed plan of subdivision subject to ten conditions enumerated in the report. ORDERED on the motion of Alderman Hunt, seconded by Alderman Galloway that the report of the City Manager be received and adopted. The motion Carried with the following vote: ""'- AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Puttick, Schisler, Chessman, Wilson. NAYE:Aldermen Mann, Martin, McKinley, Thomson. C.P.COUNSELL - REZONING APPLICATION Report ~255 - Planning and Development Committee - Re: AM-14/72,G.P.Counsell, 6825 High Street, Pt.Block A, R.P.54. A rezoning application to permit a two-family dwelling. Report ~404 - City Clerk - Advising that a copy of the by-law containing the required rezoning amendments, a notice of application and an explanatory note were sent to all owners of property within 400 feet and, as a result of this procedure, one letter of objection has been received; requesting the direction of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report of the City Clerk be received and the objection received be forwarded to the Ontario Municipal Board for consideration. VISCUSI PROPERTY - LUNDY'S LANE Report ~218 - City Manager - Referring to By-law 72-36 and an agreement with P. and E. Viscusi for certain relief from parking requirements upon payment of $500. Report ~405 - City Manager - Re: Policy for Agreements on Cash in Lieu of Providing Parking Spaces. Noting that with the acquisition of additional property, Mr. Viscusi's plan changed and necessitated the preparation of a new by-law; advising that cash in lieu of providing two parking spaces totals $3,000 of which the owner's share is $1,000; recommending that the necessary agreement and authorizing by-law be prepared to allow the owner to satisfy the parking requirements. ORDERED on the motion of AldermanThomson, seconded by Aldern~n,Schisler that the report be received and adopted. ' PROJECT TRILLIUM Comm.~108 - Project Trillium - Requesting that the City undertake a feasibility study to determine the advantages of supplying heavy gauge plastic garbage bags to all residences and places of business where plastic garbage bags are habitually used. - 2- Project Trillium (Cont'd) Report #406 - City Manager - Re: Use of Plastic Garbage Bags. Commenting on the great expense involved and the limited benefit to be gained since the City presently has curb-side garbage collection; recommending against any change in the present policy; suggesting that all ratepayers be encouraged to use plastic garbage bags and that they be placed at the curbside as required by by-law. ORDERED on the motion of Alderman Schisler, seconded by Alderman McKinley that the report be received and adopted. INSPECTION RESPONSIBILITIES Comm.#123 - Department_of Labour - Re: The Construction Safety Act and The Trench Excavators' Protection Act - Transfer of inspection responsi- bilities to the Construction Safety Branch of the Ministry of Labour. Report #407 - City Manager - Conunenting on the duties of the City's Safety Inspector and Trench Inspector and suggesting that the Province would not be in a position to give the detailed and frequent inspections that are presently being undertaken by the City's employees; submitting a draft resolution for circulation to all cities and regional government in Ontario, Mr.J.T.Clement~ M.L.A. and the Association of Municipalities of Ontario for endorsstion end support. ORDERED on the motion of Alderman Wilson, seconded by Alderman Schisler that the report of the City Manager be received and the resolution attached to the report be approved and circulated as suggested. See Resolution No. 80 COMMUNICATIONS No. 130 - Treasurer of 0ntario - Advising that as a result of the dis- cussions and representations of the Municipal Liaison Committee in respect to matters of construction safety inspection, fire safety inspection and septic tank inspections, a provincial-municipal review of the entire inspection field has been authorized; suggesting that the City's views be forwarded to the Liais(nConunittee as quickly as possible. No. 131 - Treasurer of 0ntario - Re: Construction.Safety and Enforcement. Comanenting on the agreed-upon arrangements for carrying out construction safety inspection during the period in which the provincial-municipal task force on safety inspection is reviewing the matter; advising that the basis of the arrangements is that the offer of the Provincelto provide inspection staff to municipalities at their request, will be strictly limited to those municipalities which do not currently have the capacity to carry out present inspeetion and enforcement responsibilities; requesting that the City indicate which of several options described in the communication applies to the City of Niagara Falls. ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman that the communications be received and referred to the City .Manager for a report. No. 132 - Regional MuEicipality of Niagara - Re: Preparation of Regional Official Plan. Advising of the arrangements for public meetings at which time the consultants preparing the Regional Official Plan will present and discuss the plan study; advising that the tentative dates for the meetings for the Niagara Falls and Niagara-on-the-Lake areas are Wednesday, August 23rd and Wednesday, September 20, 1972. ORDERED on the motion of Alderman Galloway, seconded by Aldernmn Mann that the communication be received and the dates for the meetings ~e approved. No.133 - Association of Municipalities of Ontario - Submitting a copy of the report of the Associationsa special Conmlittee on Bell Canada dealing with the application of Bell Canada for increased rates; noting that the Teleconnnunications Committee spproved $47.2 million which represents 60% o{ the company's original request; advising'that contributions from municipalities equal 3/4 of a cent per capita. ORDERED on the motion of Alderman McKinley, seconded by Alderman Chessman that the City's contribution of $485.93 be approved. The motion Canined with Alderman Puttick voting contrary and all others in layout. - 3 - REPORTS No. 408 - City Manager ~ Submitting a condensed statement of revenue and expenditure for the six-month period ending June 30, 1972 for the general opperating accounts and the water and parking meter operation. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and filed. No. 409 - Planning and Development Committee - Re: AM-18/71 Century Developments Ltd., Pt.Twp.Lot 78, south-west corner Thorold Stone Road and Confederation Avenue, Official Plan Amendment No. 51;recommending that Council certify, by resolution, that the application of Century Developments Ltd. conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area, after Official Plan Amendment No. 51 has been approved by the Minister or the Ontario Municipal Board. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the Planning and Development Committee be received and adopted. The motion Carried with Alderman Thomson voting contrary and all others in fayour.' See Resolution No. 81 No. 410 - Planning and Development Committee - Re: AM-lO/72 Fennell Developments Ltd., Lots 4, 5 & 6, Plan 35, Huron Street, O.P.Amendment No. 54 (Ontario Housing Development); recommending that Council certify, by resolution that the application will conform to the Official Plan Amendment No. 28 of the City of Niagara Falls Planning Area when Official Plan Amendment No. 54 is approved by the Minister of Municipal Affairs. ORDERED on the motion of Alderman Wilson, seconded by Alderman Bearss that the report of the Planning and Development Committee be received and adopted. See Resolution No. 82 No. 411 - City Manager - Re: Dell Property, ~roposed Plan of Subdivision, Part of Township Lot 54,27T-22816. Recommending preliminary approval subject to five conditions enumerated in the report. ORDERED on the motion of Alderman Martin, seconded by Alderman Somerville that the report be received and adopted. No. 412 - City Manager - Re: Taro Properties Inc.,Proposed Plan of Subdivision, Part of Township Lots 45 and 54, 27T-22846; recommending preliminary approval of the development subject to five conditions enumerated in the report. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss that the report be received and adopted. No. 413 - City Manager - Re: Financing of the McLeod Road Sewer Project Phase 2 and Federal-Provincial-Municipal Special Developments Loans Program; recommending that the City request the Regional Municipality of Niagara to issue a debenture in accordance with the terms and amounts set out in a schedule attached to the report and the City confirm that it has entered into a contract for or authorized the co=mencement of work included in the schedule. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the report be received and adopted. No. 414 - City Manager - Re: Niagara Falls Arena Structural Modifications. Reeommending that tenders be received for the necessary structural work on Tuesday, August 15, 1972. ORDERED on the motion of Alderman Chessman, seconded by Alderman Wilson that the report be received and the tender call apprOved. No. 415 - City Manager - Re: Existing Market Meat Stalls.- South Side of Buron Street. Recommending that Council authorize the removal of the five bays located at the west end of the building. ORDERED on the motion of Alderman Wilson, seconded by Alderman Bunt that the report be received and adopted. -4- Reports (Cont'd) No. 416 - City }danageE - Re: Tender for Storm Sewer Construction and Sanitary Sewer Construction - Contract S.S.17-72. Recommending that the unit prices received from Damore Brothers for the storm sewer systam at the Municipal Service Centre and a sanitary sewer on Front be accepted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the report be received and adopted. See Resolution No. 83 No. 417 - City Manager - Re: Sewer Use and Control By-law. Commenting on certain points which have not been taken into consideration in the drafting-of the by-law now under consideration by the Region including the exclusion of weeping tile flow from sanitary sewers; suggesting that any sections pertaining to storm sewers should be deleted from the by-law until the matter has been thoroughly discussed and basic policies established on Regional involvement; suggesting further that it would be desirable if individual area municipalities were involved in any dis- cussions and agreements reached on discharge of sewage into area municipality sewers; recommending that a special meeting be held with area municipalities and members of the Regional Municipality of Niagara to discuss the proposed by-law so that the various suggestions of area municipalities can be adequately presented. ORDERED on the motion of Alderman Themson, seconded by Alderman Cheesman that the report of the City Manager be received and adopted and Regional authorities be asked to arrange a special meeting with representatives of area municipalities to discuss the proposed by-law. No. 418 - City Manager - Re: International City Management Association Conference, Minneapolis, Minn., September 17-21, 1972. Requesting permission for the City Manager to attend the Conference. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the report be received and the City Manager be authorized to attend the 58th Annual Conference of the International City Management Association. No. 419 - City Manager - Re: Council Committee System. Submitting a copy of a report presented to the Council Committee at a meeting held July 24, 1972; noting that at the meeting no definite decision was taken with respect to the adoption of the report and the resolution attached thereto. The resolution, if approved, would permit representatives of the news media to report in general terms those items discussed in Council Committee session, save and except items dealing with litigation, perdonnel matters, union negotiations, property acquisitions and any other items which, in the opinion of Council, must remain confidential. The press will not be allowed to print direct quotes nor report the manner in which any member of Council voted during committee meetings. Following considerable discussion, it was moved by Alderman McKinley, seconded by Alderman Wilson that commencing Tuesday, August 8, 1972, regular public Council meetings be held every week and the Council Committee meetings be discontinued. The motion was Defeated with the following vote: ~YE: Aldermen McKinley, Wilson, Mann, Puttick, Bearss. NAYE Aldermen Somerville, Galloway, Hunt, Martin, Schisler,Cheesman, Thomson. It was then moved by Alderman Hunt, seconded by Alderman Somerville that the present procedure of holding Council meetings on alternate Mondays with Council Committee meetings being held on intervening Mondays, be continued. The motion Carfled with the following vote: AY__E: Aldermen g~nerville, Galloway, Hunt, Martin, gchisler, Cheesman, Thomson. NAYE:Aldermen Bearss, Mann, McKinley, Puttick, Wilson. It was then m~ved by Alderman Chessmen, seconded by Alderman Hbnt that the suggested resolution attached to the report be approved. The motion Ca. tried with the followin8 vote: AYE: Aldermen Rearss, Somerville, Galloway, Runt, Martin,Cheesman, Thomson. NAYE:Aldermen Mann, McKinley, Puttick, Schisler and Wilson. See Resolution No. 84 ~ 5 - ~ (Coni'd) No. 420 - Lott~7_Licensing Officer - Recommending approval of applications to manage End conduct Raffle'%otteries. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 421 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman Wilson, seconded by Alderman Bearss that the report be received and adopted and licences granted. No. 422 - City Manager - Recommendin,g payment of Municipal Accounts. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the report be received and adopted. The motion Carried with Alderman Wilson indicating his objection to payment of $21,000.0'5'F~g'orthe Y.M.C.A Pool Building (Cheque ~6553). .RESOLUTIONS No. 80 - WILSON - SCHISLER - RESOLVED that WHEREAS, Ontario Municipalities have been informed by representatives of the Ministry of Labour of the ~nm]nent introduction of a Bill to transfer responsibility for construction safety and trench inspection from local municipalities to the Construction Safety Branch of the Ministry of Labour; AND WHEREAS, the majority of larger Ontario cities have acquired, over the years, efficient and experienced personnel to carry out the duties required under The Construction Safety Act and The Trench Excavators~ Protection Act; AND WHEREAS, concern has been raised that the proposed transfer of responsi- bilities, particularly in those larger municipalities presently having experienced staff, will result in a reduction of the calibre of the service now available;. NOW THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls hereby petitions the Provincial Government to make provision that municipalities having a Population in excess of 50,000 be granted the authority to carry out the responsibilities of construction safety and trench inspections; AND BE IT FURTHER RESOLVED that in municipalities having less than 50,000 in population, enforcement of construction safety and trench inspection be placed under the control of the Ministry of Labour or, in areas where Regional Government has been established, that Regional Government be granted the authority to carry out these responsibilities for municipalities located within the Region, having less than 50,000 Population; AND FURTHER that copies of this resolution be circulated to all cities and regional governments in Ontario, Mr. J.T.Clement, M.L.A. and the Association of Municipalities of Ontario for endorsation and support; AND the Seal of the Corporation be hereto affixed. Carried Unanimousll No. 81 - MANN - HUNT - RESOLVED that the application of Century Developments Ltd., AM-18/71, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area, after Official Plan Amendment No. 51 has been approved by the Minister or the Ontario Municipal Board; AND the Seal of the Corporation be hereto affixed. .qarried, No. 82 - WILSON - BEARSS - RESOLVED that the Council of the City of Niagara Falls certifies that the application of Fennell Developments Ltd., AM-10/72, for the rezoning of property known as Lots 4, 5 and 6, Plan 35, Huron'Street, will conform to the Official Plan Amendment No. 28 of the City of Niagara Fails Planning Area when Official Plan Amendment No. 54 is approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. . . ~arried Unanim~ously -6- Resolutions (Cent'd) No. 83 - HUNT - MARTIN - RESOLVED that the City of Niagara Falls accept the unit prices submitted by Damore Brothers for the construction of the storm sewer system at the Municipal Service Centre and a sanitary sewer on Front Street in the former Village of Chippawn, Contract S.S.17-72; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 84 - CHUESMAN - HUNT - RESOLVED that notwithstanding the previous action taken by the City Council regarding the press coverage on items discussed in Council Con~nittee session, the City Council hereby grants permission to representatives of the news media to report in general terms those items discussed in Council Committee session, save and except items dealing with litigation, personnel matters, union negotia- tions, property acquisition and any other items which in the opinion of the Council, must remain in confidence. This permission is granted on the understanding that the press will not use direct quotes from the Council Committee session nor the manner in which any participant voted during such Committee meetings, nor the result of such vote other than to indicate that a majority of those in attendance did or did not'- support the matter under consideration; AND the Seal of the Corporation be hereto affixed. The motion to approve the resolution Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Martin, Chessman, Thomson. NAYE:Aldermen Mann, McKinley, Puttick, Schisler and Wilson. No. 85 - MCKINLEY - WILSON - RESOLVED that the next Council Committee meeting be held on Tuesday, August 8, 1972, at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Patrick voting contrary and all others in fayour. NEW BUSINESS SCENIC ROUTE SIGNS - NIAGARA BLVD. Alderman Hunt erquired as to why the signs indicating the scenic route along the Niagara Boulevard had been removed from locations at the Peace Bridge and in the Chippawn area. The Alderman/said that because tourist traffic is directed to the Queen Elizabeth Way, the tourist establishments on the Boulevard are losins considerable business. The matter was referred to the City Manager. WEED CUTTING In reply to the comments of Alderman Hunt regarding the delay in having weeds cut on Marshall Road properties, the City Engineer advised that the complaint had been forwarded to the Weed Inspector to arrange for the contractor to cut the weeds and a ten to fourteen day notification is required. Another complaint regarding weeds on lands adjacent to the property of N. Garrett on Moatrose Road South was noted by the City Engineer, The problem was reported by Alderman Wilson. PARKING Alderman Hunt said that the parking system used in the City of Southampton, England, could eliminate many problems in the City of Niagara Falls. Re suggested that the report regardlab this method should be presented to Council for consideration. His Worship Mayor Miller said that the report had been referred to the Projects Engineer, A. Lamb. TRANSIT COMMISSION Alderman Mann referred to a recent press story regarding the intention of the Greater Niagara Transit Commission to purchase three 53-passenger buses and questioned the necessity of acquiring such large - 7 - Transit Commission (Cent'd) vehicles in view of the limited use of the bus service. The Alderman suggested that perhaps consideration should be given to smaller buses which would cost less to purchase and to operate. His Worship Mayor Miller replied that upon the advice of the traffic consultants, the buses had been ordered at this time because of the considerable time that would elapse before delivery. The Transit Commission, he said, is not committed to the proposal and the necessary funds are available in a reserve fund. Mayor Miller said that the Commission is meeting every Thursday with the consultants and many improvements in bus routes have been discussed. Alderman McKinley said that it had been reported to him that local Passengers must stand on the buses because the larger vehicles are now being used for tourist business. The Alderman said that it was the opinion of a local bus driver that the large buses should remain on the regular City routes during the summer months. GRANT TO NIAGARA RESORT AND TOURIST ASSOCIATION Alderman Mann referred to a recent editorial regarding the City'a grant to the N.R.T.A. and expressed the opinion that the story did not do · Council justice. He noted that in 1971 the Association received $55,000 from the City and in 1972 $60,000 had been granted, representing a 9% increase. The original request from the N.R.T.A. had been for.a 45% increase and the Alderman commented on the hardship that would be inflicted on persons on fixed incomes if all City grants had been increased by such a substantial amount. Alderman Mann accused the N.R.T.A. of not supporting the City pointing out that, although the United Appeal had asked the tourist industry for $14,000, the total contribution had been $4,900, $2,200 of which had been collected from the Niagara Parks Commission and its employees. ~ICYCLES Alderman Patrick expressed his concern and the concern of many citizens in respect to the improper operation of bicycles. The Alderman requested that the City Manager investigate the problem and determine if a law can be enacted requiring that bicycles be equipped with lights or suitable reflectors. Alderman Puttick also asked for information regarding insurance for bicycles and as to whether Or not there was any liability on the part of cyclists. Alderman Thomson referred to a communication received some time ago from a local resident regarding the establishing of safe 'bikeways' for recreational purposes, and asked if consideration had been given to the suggestion. The City Clerk advised that the suggestion had been referred to the Recreation Commission. Alderman Mann advised that a bicycle committee had been set up and two meetings had been held with the Niagara Parks Commission, the railway company and Ontario Hydro. The matter was referred to the City Manager. BIRD SANCTUARy Alderman Thomson enquired as to whether it was possible to provide assistance to preserve the bird sanctuary on the Muir property in the Beaverdam Rd.-Kalar Rd. area. Due to illness in the family the property owners were presently enable to continue with the care and feeding of geese, ducks and other wildlife in the area. The Alderman enquired if it would be possible to assist in some way through hunting liceace fees or the Conservation Authority. Alderman Bearss advised that Mr. Dominski of the Conservation Authority was aware of the situation and had been in contact with Mr.Muir. The City Clerk stated that there is a provision in the hunting by-law whereby funds are set aside for such purposes and suggested that the matter be referred to the'City Manager. '-8- PITS AND QUARRIES Alderman Thomson referred to a recent news story regarding pits and quarries and the issuance of a provincial licence for a quarry operation on Mountain Road. The Alderman was critical of the fact that members of Council were not made aware of the problem before the article appeared in the press. Alderman Hunt advised that the matter had come before the Planning and Development Committee at their last meeting. It was indicated that information would be made available to Council. DUTCH ELM DISEASE Alderman McKinley reported that a local resident had requested the Parks Department to cut down a diseased tree on her property. The request was refused and a comment made which questioned the benefits of cutting down trees with dutch elm disease. The Alderman enquired if the City had discontinued the practice of cutting down such trees. The matter was referred to the City Engineer for a report. PUTTING GREENS ON CITY PARKS Alderman Puttick conveyed a suggestion by a local resident regarding the City establishing golf putting greens in the unused areas of Houck Perk, 0akes Park and Ker Park. It was suggested that the facilities would be a good pastime for children and the City could charge a nominal fee. The suggestion had been referred to the Recreation Director who apparently believed that the putting greens would be in competition with private enterprise. The suggestion was referred to the City Manager. ARBITRATION BOARDS Alderman Puttick commented on a recent arbitrat ion hoard decision which awarded 10% to outside workers in the City of Toronto although the City and the Union had tentatively agreed upon a 7% increase. The Alderman outlined his views and objected to the arbitration procedure which permits the awarding of a wage increase higher than the percentage approved by negotiating committees. Me noted that during recent dis- cussions regarding the Niagara Falls Fire Fighters' contract, the City Manager had indicated that the City's settlement would lay the ground work for future negotiations. Alderman Puttick suggested that the irresponsible decisions by arbitration boards would harm future negotia- tions. He suggested that the City take whatever steps are Metesgary to petition the Ontario Government to change the arbitration procedure and make certain that appointees to boards are experienced and will hand down reasonable decisions. The City Manager said that it is his hope that the settlement with the Fire Fighters will set the trend for labour negotiations in 1973. He a~reed that the Board decision in Toronto was very unusual and difficult to understand but it was his opinion that this one case would not hamper future negotiations. The decision, he said~ was made by an authorized one-man Board and his decision was final. BY-LAWS No. 72-132 - A By-law to provide for the use of parking meters on streets. ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that Alderman Cheesman be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on tile motion of Alderman theesmart, seconded by Alderman Puttick that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: " AYE: Aldermen Bears8, Galloway, Martin, McKinley, Puttick, Schisler, Cheesman, Thomson. NA_YE__:Aldermen S~merville, Hunt, Mann, Wilson, - 9- By-law No. 72-132 (Cont'd) Third Reading - Alderman Martin and Alderman Bearss. The motion Carried with the following vote: ~YE: Aldermen Bearss, Galloway, Hunt, Martin, McKinley, Puttick, Schisler, Chessman, Thomson. NAYE:Aldermen Somerville, Hunt, Mann, Wilson. No. 72-133 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of storm and sanitary sewers. ORDERED on the motion of Alderman Chessman, seconded by Alderman Mann that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisler that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with Alderman Wilson voting contrary and all others in fayour. ' Third Readin~ - Alderman Hunt and Alderman Mann. The motion Carrie_____.~d with Alderman Wilson voting contrary and all others in favour. No. 72-134 - A By-law to authorize the execution of a site plan agreement with Century Industrial Developments Limited. (Thorold Stone Road) ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried UnanimousIX ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with Alderman Galloway voting contrary and all others in fayour. Third Reading - Alderman Hunt and Alderman Mann. The motion Carried with Alderman Galloway voting contrary and all others in fayour. No. 72-135 - 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. (Century) ORDERED on the motion of Alderman Chessman, seconded by Alderman Mann that Alderman Hunt be granted the Privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Readin~ - Alderman 8chisler and Alderman Mann. Carried Unanimously No. 72-136 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman 8chisler, seconded by Alderman McKinley that Alderman Mann be granted the Privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously - 10 - By-law No. 72-136 (Cont'd) ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that Rnle 36(2) of the Standing Rules of Conncil be temporarily suspended and the By-law be given the second reading. The motion Carried with Alderman Wilson indicating his opposition to payment of Cheque ~6553. Third Reading - Alderman Mann and Alderman Hunt. The motion Carried with Alderman Wilson indicating his opposition to payment of Cheque ~6553. The meeting adjourned at 10:.15 p.m. on the motion of Alderman Martin, seconded by Alderman Mann. READ AND ADOPTED, b .~a a TWENTY-SIXTH MEETING Council Chambers, August 14, 1972. REGULAR MEETING Council met on Monday, August 14, 1972, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Schis ler offered the Opening Prayer. All Members of Council were present with the exception of Alderman Bearss. ADOPTION OF MINUTES It was ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the minutes of the regular meeting held July 31, 1972, be adopted as printed. DEPUTATIONS See Page 4 UNFINISHED BUSINESS CANADIA NIAGARA FALLS LIMITED Report ~423 - City Manager - Re: AM-3/72 Cansdin Niagara Falls Ltd., Pt. Twp.Lots 107 and 114, east side of Dorchester Road. Referring to the zoning by-law and agreement for the Canad ia project and advising that a gasoline bar, car wash or service centre with full range of sales and service have been included in the by-law. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mann that the report be received and filed. COMMUNICATIONS No. 134 - Niagara Promotion Association _ Re: 1972 Peach Festival. Submitting s schedule of events and an itemized account of expenditures to date; requesting a grant of $500 for the Peach Festival. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the communication be received and filed and the request for an additional grant of $500 be approved. The motion Carried with the following vote: A__~_~: Aldermen Somerville, Hunt,"~'~Tnn' Martin, McKinley, Puttick, Chessman, Thomson. .NAYE:Aldermen Galloway, Schisler and Wilson. No.135 - Niagara Promotion Association ~ Re: Peach Festival. Advising that the Ethnic Folk Arts Council will be performing at the rear of the Stamford Town Hall during the Peach Festival and enquiring if it would be possible to provide a light asphalt surface for the dancers; requesting that Mayor Miller be present to open the Peach Festival at 8:45 p.m. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the communication be received and the City Manager be instructed to estimate the cost of providing the light asphalt surface for the convenience of the Ethnic Folk Arts Council and to authorize the work if it is deemed worthwhile. The motion Carried with the following vote: A__~_~: AIdermen Somerville, Hunt, Mann, Martin, McKinley, Puttick, Chessman, Thomson, Wilson. ~NAYE:Aldermen Schisler and Galloway. ~PORTS No. 424 - City Clerk - Report of the Council Committee. A. PROPOSED AGREEMENT WITH JUNIOR ,~,, H0~KEy TEAM - Recommending that Council authorize municipal officials to negotiate an agreement with Messrs Masterson and Marsha11 regarding the use of the Niagara Falls Memorial Arena by a Junior ,~,, hockey team in accordance with the Provisions contained in the d~aft agreement Presented to (buncil; that the operators receive 80% of the net gate receipts and the City receive 20% subject to a provision that the City will be guaranteed a rental of $350,00 per game; that municipal staff be instructed to prepare a by-law to permit a wider range of sporting activities, including hockey, in the entire City of Niagara Falls. - 2- Report of the Council Committee (Coni'd) ORDERED on the motion of Alderman Mann, seconded by Alderman thee,man that the recommendation of the Council Committee be adopted. B.McLEOD ROAD - DORCHESTER ROAD INTERSECTION - REMEDIAL WORK- Recommending that in order to effect' immediate repairs, the Mayor and Clerk be authorized to execute a memorandum of agreement with Dibco Underground Limited and Bandiets and Associates Toronto Limited to have the required work undertaken. ORDERED on the motion of Alderman Martin, seconded by Alderman McKinley that ~he recommendation of the Council Conunittee he adopted. See By-law 72-144 ~eport~ (Coni'd) -3- No. 426 - City Manager - Re: Proposed Plan of Sobdivision, Block B, Reg.Plan N.S.11 (Casey). Advising that the usual questionnaire has been received from the Plans Administration Branch of the Ministry of Treasury,Economics and Intergovernmental Affairs in respect to the proposed development of approximately 39 acres of property located in Block B of Reg. Plan N.S.11 west of Dorchester Road;reconnnending preliminary approval subject to ten conditions enumerated in the report. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the report of the City Manager be received and adopted. C. STORM SEWER I~TALLATION,PRINCE EDWARD AVE.-FREDRICA ST.-Q.E.W.AREA Advising that the City's net cost for the project has increased $20,000 as a resnlt of revised cost-sharing and general increased construction costs; recommending that Council authorize the transfer of $20,000 required for the construction of the works enumerated in By-law 71-124 from the funds accumu- lated through the provisions of By-law 7611, 1968. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Wilson that the reconmendation of the Councll Conmittee be adopted. The motion Carried with Alderman Galloway voting contrary and all others in favour. D. STORM SEWER - MURRAY STREET OUTFALL - NIAGARA PARKWAY - Recorm~ending that staff be authorized to prepare a by-law authorizing the construction of the Murray Street storm sewer outfall at an estimated cost of $250,000 of which amount $78,000 will be debentufed and the remaining~2,000 of the City's net cost will be obtained from funds accumulated through by-law 7611, 1968. ORDERED on the motion of Alderman Martin, seconded by Alderman Somerville that the recommendation of the Council Con~ittee be adopted. The motion Carried with the following vote: AYE: Aldermen Somerville, Martin, McKinley, Schisler, Gheesman,Thomson. NAYE:Aldermen Hunt, Mann, Galloway, Puttick, Wilson. E. 1972 FLEET INSURANCE PREMIUM FOR CITY VEHICLES - Recommending that the City purchase Fleet Automobile Coverage, as outlined by the Commercial Union Assurance Group at an All Perils deductible of $250.00 for a 1972 premium of $29,499.00 and that the City's coverage with Scottish Union and National Insurance be cancelled. ORDERED on the motion of Alderman Mann.., seconded by Alderman Galloway that the recommendation of the Council Committee be adopted. The motion Carried with Alderman Wilson voting contrary and all others in fsvour. F. W-5-2 WATERCOURSE - Advising that appraisals have been received of the loss in the market value of the Hallman and Cornwill properrids as a result of the expropriation by the City of parts of the land required in connection with the W-5-2 watercourse; recommending that the City Soliciter be authorized to offer the respective property owners the amounts recommended by the City's appraisers, that is $1,800.00 to L.Hallman and $6,000.00 to Cornwill Invest- mania Ltd. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the recommendation of the Council Committee be adopted. The motion Carried with Alderman Schisler voting contrary and all others in layout. G. CENTENNIAL POOL - Recommending that city officials be granted authority to carry out the relocation of pumping equipment servicing the Centennial Pool at an estimated cost of $5,200.00 and this work be undertaken by City forces. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the recommendation of the Council Committee be adopted. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Mann, Martin, McKinley, thee,man, ~'omson Wilson. NAYE: Aldermen Puttick and Schtsler. REPORTS (Coni'd) No. 425 - City Mann er - Re: A request by Lindev Corporation Lid,that certain lots in Queensway ~ardens Ext.No. II,Reg. Plan N S.12 be exempted from part lot control; suggesting that the request is reasonable and in conformity with established policy; recommending that Council authorize the passing of the by-law appearing on the agenda; recommending further that any costs arising from the registration of the by-law following its approval by the Minister, be assumed by the applicant. ORDERED on the motion of Alderman Martin, seconded by Alderman ~ehisler that the report be received and adopted. The motion ~srr~.d with Alderman Hunt voting contrary and all others in fayonto .,. See By-law 72-141 I No. 427 - Planning Administrator . Re: Proposed Brief - Niagara Escarpment Task Force. Requesting that the brief be endorsed by Council and forwarded to the Hon. Darcy McKeough, Minister of the Treasury; suggesting that copies of the brief also be forwarded to J.Clement,M.L.A., the Niagara Falls representatives on the Regional Council, the Chairman and members of the Regional Planning and Develop- ment Cormnittee, the South Ontario Economic Council and the Niagara Peninsula Conservation Authority. ORDERED on the motion of Alderman Mann, seconded by Alderman thee,man that the report be received and adopted. No. 428 - City Manager - Re: Personnel. Advising that Mr. Otto Van Deurs has been appointed to the position of Works Engineer and will commence work in a Level 14 position on September 5, 1972; advising further that Mr. Terance Smith has been hired as Senior Planner and will join the City staff at the Level 5 salary position on August 28, 1972. ORDERED on the motion of Alderman Galloway, seconded by Aiderman Cheesman that the report of the City Manager be received and filed. The motion Carried with the following vote: . AY.__~E: Aldermen Somerville, Galloway, Mann, Martin, McKinley, Puttick, Schisler, Cheesman, Thomson. NA~:Aldermen Hunt and Wilson. No. 429 - City}~nager . Re: Surplus Municipal Equipment. Reconmending that the equipment described in the report be sold by tender with a closing date of August 28, 1972. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler that the report be received and adopted. No. 430 - City Manager - Re: Local Improvement Construction on Various City Streets, Contract No.L.I.18-72. Recommending that the unit prices received from Warren Bithulithic Ltd. be accepted by Council. ORDERED on the motion of Alderman Thomsons seconded by Alderman Wilson that the report be received and adopted. See ResolutiDn No.87 No. 431 - City Manager . Re: Agreement with St. Lawrence Seaway Authority. and ' the City of Niagara Falls - Penn Central Railway Relocation. Submitting a proposed agreement prepared by the St. Lawrence Seaway Authority in which it is indicated that the Authority will make a lump sum payment to the City of $38,000 for repairs to roadways damaged during construction of the relocated Penn Central Railway; advising that the payment is conditional upon the City~s acceptance of all the improved roads and cross ings constructed by the Authority; recommending approval of the agreement with certain amendment to Clause ,,4,, as outlined in the report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hunt that the report be received and adopted. No. 432 - City Manager - Re: Report on Water Supply System for the City of Niagara Falls. Cormnearing on the final report submitted to the Regional Municipality by the consulting firm of Gore & Storrie Ltd. on the watermain system in the City of Niagara Falls; suggesting that the report answers the City's main concerns regarding flows and Pressures in the most northerly parm of the City; what future mains are required for development of the lands west of the Q.E.W.; the adequacy of existing mains in the downtown area and tourist-commercial areas for fire fighting purposes ;Xd. what. additional mains are required with the developmant of additional lands the Chippawa area and areas south of the Welland River. Recomanending that the comments of city offi~ials be forwarded to Regional authorities. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the report be received and adopted. -4- Repor.~s (Cent'd) No. 433 - City Manager - Re; Claim of Mrs. F. Matthews, 8873 Moatrose Road regarding the destruction of poultry by dogs; suggesting the Municipality only accept liability for the dead poultry actually seen by the Live Stock Valuer; recommending payment of $42.30 in settlement of the claim. ORDERED on the motion of Alderman Wilson, seconded by Aldermen Chessman that the report be received and adopted. No. 434 - City Manager - Re: Municipal Council Tour. Recommending a tour to examine City projects be arranged for Saturday, September 30, 1972,beginning at 9:00 a.m. st the Municipal Service Centre. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the report be received and adopted. No. 435 - City Manager - Re: Erie County Fair and Exposition.Recommending the entry of the city float in the parade. ORDERED on the motion of Alderman Cheesman, seconded by Aldermen Thomson that the report be received and adopted. No. 436 - Cit] Manager - Re: Annual Conference of the Ontario Plumbing Inspectors Association, Toronto, September 17 - 20, 1972. Recommending the attendance of the Plumbing Inspector. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 437 - City Manager - Re: Annual Conference of the Tax Collection Asset. of Ontario, Ottawa, September 10 o 12, 1972. Recommending that Miss G. Matthews, Tax Supervisor, be authorized to attend the conference. ORDERED on the motion of Aldermen Martin, seconded by Alderman Hunt that the report be received and adopted. No. 438 - City Manager - Permim~issued by the Building Department for the month of July, 1972. ORDERED on the motion of Alderman Hunt, seconded by Aldermen Wilson that the report be received and filed. No. 439 - Lottery Licensing Officer - Recommending approval of dhe applica- tion of the Laura Secord Lodge to manage and conduct a lottery type scheme at a bazaar. ORDERED on the motion of Alderman Runt, seconded by Alderman Mann that the report be received and adopted. No. 440 - City Clerk - Recommending the granting of Municipal Licences.. ORDERED on the motion of Alderman Hunt, seconded by Alderman Somerville that the report be received and adopted and licences granted with the exception of the application of Funland Amusements, 5705 Falls Avenue, which will be withheld pending an inspection and investigation of the gambling machines at the attraction. No. 441 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Wilson, seconded by Aldernmn Hunt that the report be received and adopted. DEPUTATIONS Mr. P. Vtscusi requested permission to address Council regarding "Relief from Parkin8 Requirements". Mr. Viscusi was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Wilson. ~ . . - 5- Mr. Viscusi said that in his opinion the proposed addition to his business and the acquisition of a right-of-way between adjoining properties indicate that he is only short one parking space rather than two spaces as suggested in an earlier report to Council. Mr. Viscusi asked that the matter be reconsidered and Council approve the payment of $500 in lieu of parking requirements rather than $1,000. The Building Inspector noted that the original agreement with Mr. Viscusi was for a different proposal which, according to t~ policy approved by Council, the Hacienda Restaurant would be one parking space short of parking requirements. The new proposal is for a larger addition which removes two parking spaces from the existing parking lot. Mr. Johnston suggested that Mr. Viscusi had been given every consideration in that, generally, a 300 sq. ft. addition'would require one additional parking space; the original proposal was for a 400 sq. ft. addition, the present addition is 760 sq.ft. A motion by Alderman Puttick to accept payment to the City of $500 for one parking space was not seconded. NIAGARA SQUARE * * * Mr. M. Vaughan requested permission to address Council on behalf of Niagara Square and Mardress Investments Limited. The request was approved on the motion of Alderman Wilson, seconded by Alderman McKinley. Mr. Vaughan referred to the draft by-law and agreement in respect to the development of the Niagara Square proposal and drew Council's attention to an amendment which, he said, had been reviewed and approved by City staff members. Mr. Vaughan requested that two blocks of land, described as Blocks "G" and "H" and located east of the Q.E.W. be deleted from the rezoning applica- tion. He advised that although the developers had originally envisaged Blocks "G" and "H" would 'be developed for tourist-commercial purposes, they were now negotiating with a large show case industry and for this reason it is preferred that the lands remain industrially zoned at the .present time. Mr. Vaughan then reviewed the specific amendments to the by-law and the agreement which reflected the deletion of Blocks "G" and "H". PETITIONS Comm.#136 . A petition sired by 57 residents of the River Lane area requesting the erection of "Caution Children Playing"signs and the imposition of a 10 M.P.H. speed limit; requesting that the signs be posted along River Lane across from the park area. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the coramunication be received and referred to city officials for a report. Comm.#137 - Petition for Local Improvement. The Petition, bearing the signatures of residents of Hater Avenue requests asphalt pavement, curbs and gutters on both sides of Hater Ave. from Dunn St. to Caledonia St. ORDERED on the motion of Alderman Martin, seconded by Alderman Galloway that the petition be received and referred to the Engineering Department for.consideration under the 1973 Local Improvement 'Program. Comm.~138 . A petition bearing the signatures of 28 property owners residing on Whitman Avenue requesting the installation of storm sewers on both sides of Whitman Avenue from Caledonta St. to Hawkins St. ORDERED on the motion of Alderman Martin, seconded by Alderman Galloway that the petition be received and referred to the Engineering Department for Consideration under the 1973 Local-Improvement Program. : NEW BUSINESS DELL ROAD Alderman Hunt w~s critical of the fact that no new roads had been constructed in the former Township of Willoughby during the past year. The Alderman questioned why the City had not Proceeded with the proposed improvements to Dell Road. The Design and Constructi~n Engineer explained that the City had not been able to undertake proposed road coasttraction and other projects because the Ministry of Transportation and Communications had not, as yet, approved the City~s application for subsidies. · -6- McLEOD ROAD In reply to Alderman Puttick's query regarding an open ditch along McLeod Road, the Design and Construction Engineer explained that the Regional Municipality of Niagara 'will eventually widen McLeod Road and the installation of curbs and gutters will eliminate the open ditch. GARBAGE COLLECTION - CLIFTON HILL Alderman Mann referred to a picture appearing in the Evening Review which displayed an overflowing litter basket at a location on Clifton Hill. He told about receiving a telephoned complaint about the situation and pointed out that the condition was cleaned up shortly after the complaint was reported. Alderman Mann was critical of the Review for publishing pictures and stories that did not do justice to the City of Niagara Falls. The City Manager read a report received from the Superintendent of Sanitation which related the circumstances and indicated that the regular collection had been made during the day. The report advised that the basket was not filled with garbage but had been used to dispose of soft drink cartons and discarded pamphlets. Mr. Price said the complaint was the first one received from this particular area this s~mner. Alderman Thomson suggested that the Clifton Hill area be re-checked prior to the peak evening periods to determine if an additionaI collection is necessary. Alderman Wilson suggested that the tourist establishments be charged for an additional collection. PRESERVATION OF NIAGARA ESCARPMENT Alderman Wilson suggested 'that the City initiate an injunction to prohibit Calaguiro Bros. from quarrying on Mountain Road. The Alderm~n objected to the issuance of a permit by the provincial government in spite of the City's by-law regarding pits and quarries. Mayor Miller said that it was his understanding that the Calaguiro company does not intend to quarry in the area but are merely leveling the ground in readiness for a proposed subdivision. It was moved by Alderman Wilson, seconded by Alderman Thomson that the matter be referred to City staff for a report. The motion Carried with the following vote: AYE: Aldermen Somerville, Hunt, Mann, Martin, McKinley, 'Schisler, Caecaman, Thomson, Wilson. NAYE:Aldermen Galloway and Puttick. GARBAGE COLLECTION - MORRIS ROAD Alderman Schisler said that recently a fire had destroyed the home of a Mr.Santora on Morris Road.. Since that time the garbage and trash left at the curbside by Mr.Santora had not been collected by City crews. The Alderman enqutred if the garbage was left uncoilstied because the dwelling was no longer there. He said there are still other buildings on the property. The matter was referred to City officials. TAXATION OF PUBLIC OWNED PROPERTIES Alderman Wilson referred to a recent news story which indicated the City of Sodbury had been allowed, through the Supreme Court, to tax public owned properties. The Aldenman suggested that the matter be investi- gated to determine if there was some method by which the City of Niagara Falls could collect taxes from properties owned by Ontario Hydro and others. The suggestion was referred to the City Clerk. FLOODING PROBLEMS - ROLA WOODS SUBDIVISION AREA Alderman Thomson spoke about the flooding problems experienced in the Role Woods subdivision during recent storms. Residents of the area are concerned as to whether it is a temporary situation during construction or if it will be a continuing problem. The Alderman asked if the homeowners will be cnmpelled to install back flow valves and if consideration should be given to adopting a policy whereby the developer will be required to provide such installations. Me also asked if additional subdivisions proposed for the same area will aggravate the situation inasmuch as storm and sewer waters now drain into a combined sewer on Dorchester Road. The Design and Construction Engineer'advised that the area west of Dorchester Road to the Q.E.W. will be - 7- serviced by the W-5-1 watercourse in the future. Mr. Rankin indicated that a full report will be prepared and submitted to Council. Alderman Thpmson also con~nented on the water pumps in Rolling Acres which fail to function when there is a power failure. In the past, the Hydro has notified the Region when power failures occur and arrangements are then made to have the pumps checked. It was reported to AldermanThomson that notifica~tbn has now been received from the Hydro that they will no longer be responsible for notifying the Region. Mayo;MiIl~ said that it was his under- standing that Hydro officials have agreed to continue the practice of notifying the Region. HOSPITAL MEALS Alderman McKinley said that he, as well as Alderman Martin, had heard complaints about the meals being served at the hospital. The meals were described as "unpalatable". The Alderman asked if the food was inspected by the Health Department or tested by the hospital's dietician. Alderman theeamen, as a Council representative to the Board, will discuss the complaints with hospital officials. MUNICIPAL COUNCILLORS PARTICIPATION IN OMERS Alderman Thomson referred to a recent conmaunication from the Treasurer of Ontario which indicated that Council members would be eligible to participate in the Ontario Municipal Employees Retirement System. The Alderman expressed his objections to the plan, other than for the Mayor, and questioned the benefits to be derived. He also cormhunted on the cost to the municipality and noted that implementation of the system in the City of Ottawa was expected to cost $9,000. He suggested that it would be difficult for Council to reach a decision on the matter unless some indication of costs could be provided. Staff members will prepare a report on the subject. RESOLUTIONS, No. 86 (July 31,1972) - MARTIN - HUNT - RESOLVED that the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out in 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 UnanimouslZ No. 87 - THOMSON - WILSON - RESOLVED that the unit prices received from Warren Bithulithic Ltd. for Local Improvement construction on various City streets, Contract No. L.I.18-72, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS No. 72-137 - A By-law to authorize the execution of an agreement with Mardress InveStments Limited. (Niagara Square) ORDERED on the motion Qf Alderman McKinley, seconded by Alderman Cheesman that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously Alderman Mann asked the City Solicitor and the Planning Administrator if they were satisfied with the terms of the agreement. Mr. Young, the City Solicitor, replied that from a legal standpoint he was satisfied. The agreement and by-law, he said, ~ere drawn in such a manner as to carry out the decision of Council in respect to the application of Mardress Investments. The Planning Administrator, Mr. Van Belle, stated that he was satisfied that the agreement and by-law implemented Countilia approval of the application other than the remove1 of two tourist-commercial blocks from the application. The suggested amendments, he said, appeared ruasonable. Approval of the tourist-commercial changes, he said~ is a deotslon to bc made by the members of Council. - 8 - By-law No.72-137 (Cont'd) ORDERED on the motion of Alderman Somerville,seconded by Alderman Cheesman that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Puttick, Schisler, Cheesman~ Thomson, Wilson. NAYE:Aldermen Mann, Martin, McKinley. Third Reading - Alderman Wilson and Alderman Cheesman. The motion Carried with the following vote: ~YE: Aldermen Somerville, Galloway, Hunt, Puttick, Schisler, Chessman, Thomson, Wilson. .NAYE:Aldermen Mann, Martin, McKinley. No. 72-138 - A By-law to amend By-iaws Nos. 2350, 1959 and 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls. (Mardress) ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that Alderman Cheesman be granted the privilege of introducing the By-law and the By-law be given the first reading. The motion Carried with the following vote: AYE:Aldermen Somerville, Galloway, Hunt, McKinley, Puttick, Schisler, Thomson, Wilson, Chessman. NAYE:Aldermen Mann and. Martin. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Somerville that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt~ Puttick, Schisler, Cheesman, Thomson, Wilson. NAYE:Aldermen Mann, Martin, McKinley. Third Reading - Alderman Wilson and Alderman Puttick. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Puttick, Schisler, Chessman, Thomson, Wilson. NAYE:Aldermen Mann, Martin, McKinley. II No. 72-139 - A By-law to authorize the execution of an agreemeRt with Canadia Niagara Falls Limited. No. 72-140 - A By-law to amend By-law nos. 2350 and 2530 of the former Township of Stamford, now in the City of Niagara Falls (Canadia) By-law Nos. 72-139 and 72-140 were withdrawn from the agend because the agree- ment has not as yet been executed. ~p.72-141 - A By-law to designate certain land not to be subject to part lot control (Queensway Gardens) ORDERED on the motion of Alderman Martin, seconded by Alderman McKinley that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Rule 36(2) of the Standing Rules of Council be temporarily suspended and theBy-law be given the second reading. The motion Carried with Alderman Hunt voting contraNy ,and all others in fayour. Third Reading - Alderman Wilson and Alderman Chessman. The motion Carried with Alderman Hunt voting contrary and' all others in fayour, No. 72-142 - A By-law to authorize the construction of certain works as local fi~provements under Section 12 of The Local Improvement Act (Two Readings) ORDERED on the motion of Alderman Martin, seconded by Alderrmn Hunt that Alderman McK:nley be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously - 9- By-law No,72-142 (Cont'd) ORDERED on the motion of Alderman McKinley, seconded by Alderman Msnn that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously No. 72-143 - A By-law to alter the boundaries of the Urban Service Area of the City. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that Alderman Cheesman be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Cheesman, seconded by Alderman McKinley that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimo. usl~v Third Reading -.Alderman Wilson and Alderman Martin. Carried Unanimously No. 72-144 - A By-law to authorize the execution of an agreement with Dibco Underground Limited and Bandiera & Associates Toronto Limited. ORDERED on the motion of Alderman McKinley, seconded by Alderman Mann that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hdnt, seconded by Aiderman Martin that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimo~sl~ Third Read ing - Alderman Mann and Alderman Schisler. Carried Unanimousl~ No. 72-145 - A By-law to authorize the execution of an agreement with Warren Bitulithic Limited for the construction of certain local improvement works. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wilson that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman - Schisler that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. Carried Unanimously Third Reading - Alderman McKinley and Alderman Wilson. Carried Unanimously No. 72-146 - A By-law to provide monies for general purposes~ ORDERED on the motion of Alderman McKinley, seconded by Alderman Cheesman that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. ~arried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Rule 36(2) of the Standing Rules of. Council be temporarily suspended and the By-law be given the second reading. Carried Unanimousl~ - 10 - By-law No. 72-146 (Cent'd) Th.ird Reading - Alderman Wilson and Alderman Chessman. Carried Unanimously ADJOURNMENT The meeting adjourned at 11:00 p.m. on the motion of Alderman Mann, seconded by Alderman Puttick. READAND ADOPTED, Mayor TWENTY-EIGHTH MEETING Council Chambers, August 28, 1972. REGULAR MEETING Council met on Monday, August 28, 1972, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman McKinley offered the Opening Prayer. All Members of Council were present with the exception of Alderman Galloway and Alderman Cheesman. ADOPTION OF MINUTES It was ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the minutes of the regular meeting held August 14, 1972 and a special meeting held August 21, 1972, be adopted as printed. DEPUTATIONS Connn.~136 - Klydel Holdings Inc. - Re: Resubdividing of Plan 233, Westlane Village, V.L.A.Subdivision. Requesting that the developer be permitted to ~ select a contractor of his choice for the installation of underground services; advising that a letter of credit based on 100% of estimated costs will be sub- mitted. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Mr. I. McCallumbe granted permission to address Council. As spokesman for Klydel Holdings, Mr. McCallurn stated that the selection of a contractor for installation of services is a procedure used in other communities and the main reason for the request is to get the work underway as quickly as possible, The City Manager advised that two meetings were held to discuss the · suggestion and it is felt that the project could be handled in this manner subject to the City having control of the cost estimates, engineering, inspections and approval of the contractors' qualifications by the engineering department. The City Engineer said that it is preferable that the project be considered as an experiment and apply only to underground installations. Public tenders will be called for above-ground services. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the communication be received and the request of Klydel Holdings that they be allowed to select a contractor for the installation of underground services in the V.L.A.Subdivision be approved. UNFINISHED BUSINESS DOWNTOWN IMPROVEMENT AREA ~onnn.~74 - Bredcrick, McLeod & Clifford - Re: Downtown Bus~ness Improvement Area. Requesting that Council enact by-laws to designate the downtown area as a local improvement area and to establish a Board of Management. Report ~443 - City Manager - Advising that, as a result of the usual notification procedure, a petition bearing 33 signatures indicating opposition to the proposed downtown improvement ares has been received; advising that a sufficiently signed petition requires 68 signatures representing assessed property value of $745,588.00 in order to prevent the passing of the by-law by Council;recommending that By. law No.72-64 now be given a third end final reading and be forwarded to the Ontario Municipal Board for approval, The City Clerk advised that since preparation of the report, a petition has been received which indicates that nine persons who signed the original petition have now withdrawn their objections. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that Mr. WilliamAmadio be granted permission to address Council. Mr. Amadio referred to his earlier communication wherein he had outlined the procedure followed in establishing a downtown improvement area and how funds could be raised end spent. Although there is some opposition to the projects Mr. Amadio expressed the hope that once the plan is operational, 'it will be u~animously approved by all.the merchants. ORDERED on the motion of Alderman Mann, seconded by Aideman Thomson that the report of the City Manager be received and filed and By-law 72-64 designating a Downtown Improvement Area be given a third'and'final7 reading. See By-law No.72-64 CANNAI HOLDINGS LTD. Report #44~ - City Solicitor - re: Cannai Holdings Ltd. and Ontario Municipal Board Hearing. Submitting a copy of a memorandum from the Official Plans Section of the Plans Administration Branch to the Ontario Municipal Board requesting that the Cannai hearing be deferred; advising that it was the decision of the Board to continue the hearing of the application for approval of the Cannai proposal on September 12, 1972 and would hear the balance of the City's evidence and the evidence to be presented by Cannai Holdings Ltd.; advising that during the hearing, the solicitor for The Oshawa Croup indicated that his client would be put to extra costs if there were three separate hearings for the Canhal, Cansdid and Niagara Square applications and indicated that if the order of con- solidation was not made his client would be asking for costs. .The report advises that the City Solicitor was requested to inform Council that it would assist the Board if the Council would consider the matter of shopping centre, in Niagara Falls and decide how many shopping centre, the Council considers appropriate and so advise the Board. Alderman Thomson suggested that it would not be possible for the members of Council to make a decision as to how nmny shopping plazas would be appropriate for the City inasmuch as such decision are based on marketing studies and this information is not available to the Council. ORDERED on the motion of Alderman Hunt, seconded by Alderman Patrick that the report of the City Solicitor be-received and filed and that, through the City Solicitor, the Ontario Municipal Board be advised that due to the fact that the City has three applications for shopping centre,, Council will consider any further applications that come before them. The motion Csrried with the following vote: AYE: Aldermen Somerville, Hunt, Mann, Martin, McKinley, Pattiok, Schisler, Wilson. AMENDMENT TO O.M.E.R.S. ACT Comm.#128 - Treasurer of Ontario. Referring to s recent amendment to the OMERS Act which allows municipal councillors to become members of OMERS and thereby obtain pension benefits related to their earnings as Councillors; submitting general information related to the participation of Councillors. Report ~445 - City Manager - An advisory report in respect to monthly pension payments, refund of contributions, past service pensions and the cost to the municipality. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the report be received and filed and the City Clerk be thanked for co~piling the information requested by Council. The motion Cartie.d. with Alderman Bears, voting contrary and all others in. fayour. CENTURY INDUSTRIAL DEVELOPMENTS LTD. Report #723 (1971) - Planning Administrator - Re: Proposed .Official Plan Amendment No. 51, AM-18/71, Century Developments Ltd,, south-west-corner of Thorold Stone Road and Oonfederatiou Avenue. The rezouiuB will' permit the establishment of a service station/retail store complex on the 8its. Report #338 - Planning and Development Committee - Advising that 'the Ministry of Treasury, Economics and Intergovernmental Affairs has indicated they could not support the amendment to the Officis~ Plan; recommending that the municipality request the Minister to refer Amendment N%. 51 to the 'Ontario Municipal Board. Report ~446 - City Clerk - Advising that as a re~u It of the usual notifica' tton procedure, four letters objecting to the proposed development have been received; requesting the direction of Council. II II - 3 - Report ~446 (Cent'd) In reply to questions by Alderman Puttick, the Planning Administrator stated that, according to the site plan agreement, the company has agreed to keep a 20-foot strip as green area and erect a fence. In effect, the property is being given to adjacent residents although title is not being transferred. Alderman Thomson noted that objectors to the original proposal were pacified when it was understood that the developer would deed them a 20~ strip of land to the rear of the site. Alderman Puttick and Alderman Hunt also questioned the advisability of permitting more gas stations in the area. It was moved by Alderman Puttick, seconded by Alderman Thomson that the report be received and referred to staff for clarification. The motion was Defeated with the following vote: AYE: Aldermen McKinley, Puttick, Thomson, Hunt. NAYE:Atdermen Bear,s, Somerville, Mann, Martin, Schisler, Wilson. It was then moved by Alderman Schisler, seconded by Alderman Bearss that the report of the City Clerk be received and notwithstanding the objections received the application of Century Industrial Developments Ltd. be forwarded to the Ontario Municipal Board for cone idaration. The motion Carried with the ~ following vote: ~YE: Aldermen Beards, Somerville, Mann, Martin, Schisler, Wilson, McKinley. NAYE:Aldermen Hunt~ Puttick and Thomson. COMMUNICATIONS No. 137 - Regional Municipality of Niagara - Re: Drum~nond,Portage,Morrison Area Road Network Study. Submitting a copy of a Regional Public Works & Utilities Committee report wherein it is recommended that a meeting be arranged with representatives from the Ministry of Transportation and Communications, the City of Niagara Falls and Regional officials to discuss the report. The communication advises that the report was approved by the Regional Council and arrangements are being completed for th~ meeting as recommended. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the communioation be received and City staff be authorized to attend the proposed meeting with the representatives of the Ministry of Transportation and Communi- cations and Regional officials. No. 138 - Mr.Horsce C. Logan - Comments regarding the proposed widening of the Queen Elizabeth Way (Robert, Street) and the concern of Robert, Street residents; requesting that the proposed widening be delayed pending further investigation and study. ORDERED on the motion of Aldermsn Beer,s, seconded by Alderman Somerville that ~he communication be received and forwarded to the Ministry of Transportation and Communications and request that the Ministry reply toM r. Logan~s letter; further, that the Ministry also be asked if the residents of Robert, Street have been contacted previously and have been made aware of the proposed changes on the Queen Elizabeth Way. The motion C~r~ied with Alderman Hunt voting ~ontrary and all others in favour. No. 139 - Niagara Peninsula Conservation Authority - Re: Niagara Escarpment · Task Force. Requesting that the City Council meet with the Authority at the ~arliest possible date to discuss various alternative acquisitions and priorities. Alderman Bears, advised that the Conservation Authority would like to discuss the Niagara Escarpment Brief prepared by the Niagara Falls Planning and Development Committee; what properties within the boundaries the City would like to preserve and enhance; whether escarpment properties should be purchased by the province, the Conservation Authority or local municipalities and who will be responsible for mainten, ace and upkeep. The conmlents of the City Council will be included in a brief to be submitted by the Authority. Alderman Bears, confirmed that the Ministry of Environment, the Niagara Escarpment Task Force and the'Regional Government would be represented at the proposed meeting. ORDERED on the motion of Alderman McKinley, seconded by Alderman Mann that the communication be received and His Worship Mayor Miller and staff members be authorized to sac a date and time for the meeting. -4- Communications (Cont'd) No.140 - City of St. Catharines - go: Short Hills provincial Park. Requesting support of the recommendations of the City of St. Catharines regarding the extension of the proposed boundaries of the park; the establishment of an advisory committee and the development of the park at an early date, ORDERED on the motion of Alderman Puttick, seconded hy Alderman Schisler that the comunication be received and the recon~endations of the City of St.Catharines be endorsed. No. 141 - Regional Municipality of Niagara - Re: Regional Waste Manage- merit Study. Submitting a copy of the minutes of the first meeting of the Waste ~a~agement Sub Committee and proposed terms of reference for a Regional study; advising that if all necessary approvals are obtained, the estimated $60,000 will be shared equally by the Region and the Ministry of Environment; requesting comments and suggestions. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that, as provided for in Bill 174, the Municipality of Niagara Falls hereby petition the Regional Municipality of Niagara to proceed with a Waste Management Study designed to provide recommendations for the pro- vision of Waste Management facilities £or the municipalities within the Region and the principles of a Regional Waste Management Study be supported. See Resolution No. 89 No. 142 - Greater Niagara Transit Commission - Re: Illegal Parking - Bus Steps. Con=aenting on the problems created by illegal parking. in bus stops on Victor/a Ave. at Centre Street. ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that the communication be received and referred to the Police Department. REPORTS No.447 - City Clerk - Report of the Council Conm,ittee. Recommending ratification of the action of the Council Ccnmnittee at a meeting held August ll, 1972. A. ASSISTANCE FOR CITY SOLICITOR - Recommending that the City Solicitor be authorized to engage local legal firms for temporary assistance. ORDERED on the motion of Alderman Mann, seconded by Alderman Beards that the reccamnendatfon of the Council Committee be adopted. B. PROCEDURAL BY-LAW ~ Advising that the questions raised a~ the Council Committee meeting were reviewed and the by-law now reflects all amendments; recommending that the new procedural by-law be given three readings. ORDERED on the motion of Alderman Soamrville, seconded by Alderman Martin that the item be referred to by-laws. The motion Carried with Alderman Hunt voting contrary and all others in fayour. See By-law #72-148 C. ELLEN AVENb~ PARKING LOT AND APPLICATION FOR AN ORDER OF MANDAMUS FOR THE ISSUANCE OF A BUILDING PERMIT TO VOMMERO ENTERPRISES Rec~ending (1) that the City consent to the issuance of an Order of Mandamns to issue a building permit to Vonmero Enterprises and (2) that City Officials be directed to proceed with the acquisition and develop- ment of two properties adjacent to the existing Ellen Avenue parking lot and the monies required be taken from accumulated parking revenue funds. ORDERED on the motion of Aldermsn Mann, seconded by Alderman Martin ~hat the City consent to the issuance of an Order of Mandamus to issue a building permit to Vommero Enterprises. The motion Carried with the following vote: ~ AY.,/E: Aldermen SomervilIe, ~unt~ Mann, Martin, McKinley, Puttick,Sehisler. NAYE:Aldermen Bedtea, Thomson, Wilson. 'ORDERRD on the motion of Alderman Mann, aeconded by Alderman Martin that City Officials be directed to proceed wlth the acquisition and development of two properties adjacent to the existing EllenAve.parking lot and the required monies be taken from accumulated parking revenue funds. The motion Carried 'with the following vote: A_~_~: Aldermen""Bearss, Somerville, Mann, Martin, McKinley, puttick,Schisler, ThomSon. NAYE~Aldermen Hunt end Wilson. II I.I - 5 - Report of the Council Committee (Cent'd) D. V.L.A.SUBDIVISION - The Council Committee considered a report of the Planning Administrator regarding the submission of a revised plan of sub- division of the V.L.A.(Pitton) Subdivision. It is recommended that Council approve of the revised plan. ORDERED on the motion of AIderman Hunt, seconded by Alderman McKinley that the recommendation of the Council Committee be adopted. The motion Carried with Alderman Schisler voting contrary and all others in favour. "' E. BUSINESS AND INDUSTRIAL GROWTH COMMITTEE - The Council Committee received a communication from the B.I.G.Committee regarding the formation of a Development Team to call on German industrial contacts. Recommending that the City Manager be authorized to act as a member of the proposed industrial team. Alderman Puttick indicated that he would support the reconunenda- tion of the Council Conunities but, in his opinion, the City Manager should not be absent from the City for an extended period at this time. He suggested that the Development Team make the initial contacts and the City Manager fly to Germany after the preliminary groundwork has been done. ORDERED on the motion of Alderman Hunt, seconded by Alderman Bearss that the recommendation of the Council Committee be adopted. Report No. 448 - Planning and Development Committee - Re: AM-24/72 O.Borton, Pt. Lot 3, Concession 2, east side of Sodom Road. The fezcuing will permit the construction and operation of a service station and restaurant; advising that the Committee tabled the application for one month until comments have been received from the Ministry of Transportation and Communications. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the advisory report of the Planning and Development Committee be received and filed. No. 449 - Planning and Development Committee - Re: AM-25/72 Taro Properties, Inc., Pt. Twp.Lots 158 and 161. A fezcuing application to permit development of a plan of subdivision containing 17 single-family and six two-family lots on the south side of Dunn Street. The report deals with a change in zoning and a special provision to preserve the Weaver homestead on the site; approval of the plan of subdivision will be presented to Council st a later date; recommending that the application be approved subject to minor revisions required to preserve the existing Weaver home; providing there are no semi- detached lots south of the proposed Leawood Crescent and the application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the report of the Planning and Development Committee be received and adopted. No. 450 - Planning and Development Committee - Re: AM-27/72 J.Bevau, Pt. Lot 3, Plan 251. A rezoning application to permit the continued operation of a service station at the corner of Main and Church Streets in the former Village of Chippawn; recanthanding approval of the application subject to an acceptable ;site plan and Site Plan Agreement; reccqanending further that Council certi[y that the application conforms to the Official Plan Amendment No. 30 of the Niagara Palls Planning Area as amended and approved by the Minister of 'Municipal Affairs. ORDERED on the motion of Alderman Mann, seconded by Alderman Nunt that the report of the Planning and Development Commit~ee be received and adopted. See Resolution No.90 No. 451 - City Manager - Re: N.P.H.B.Land Developments Ltd., Proposed Plan of Subdivision, Ascot Woods, Montrose Road. Recon~ending preliminary approval of the revised plan subject to seventeen conditions enumerated in the report. Alderman Thomson referred to the third condition in the report regarding the park area amounting to 7.94 acres which is slightly in excess of the 5% requirement. The report no~as that it will be necessary to clarify whether the municipality will be required to pay for the additional acreage. Alderman Thomson suggested that this point should be clarified before approval so that Council will be aware of the cost of. the additional parkland, if any-. The City Engineer indicated that a larger park in this particular area is more desirable. It was suggested by Alderman Schialer that if tile lend cannot be utilized by t|~ developer it should be given to the municipality for recreation purposes. - 6- Report #451 (Cont'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Martin that the report be received and adopted on the understanding that the acquisition by the Municipality of the park area in excess of the 5% requirement be subject to further negotiations with the developer. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Hunt, Mann, Martin, McKinley, Puttick, NAYE:Aldermen Wilson, Schisler, Thomson. No. 452 - Planning and Development Conmittee - Re: Official Plan Amendment No. 61, Niagara Peninsula Home Builders, T-22518, Ascot Wood. Reconmending that Official Plan Amendment No. 61 be adopted by by-law. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss that the report be received and adopted. See By-law No. 72-152 No. 453 - Planning and Development Committee - Re: Procedures in Dealing with Plans of Subdivision. Referring to a recent Supreme Court decision to quash a B~ampton by-law on the grounds that insufficient notice was given to the passage of the by-law; noting that the City presently notifies residents within 400 feet prior to considering applications for rezoning; recon~mending that people within 400 feet be notified of applica- tions for approval of plans of subdivision which do not require ~n amend- ment to the zoning by-law. ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report be received and adopted. No. 454 - City Manager - Re: Valley Way Extension, Construction of Roadway and Storm Sewers - MTC Agreement. Conmaenting on the terms of a proposed agreement with the Ministry of Transportation and Connnunications for the extension of Valley Way from its prsent terminus to Bellevue Street; reconnnending that City Council approve of the agreement with the M.T.C. and use the expansion and renewal funds to pay the City's share of the costs of the storm sewer construction which;would be 32.11 per cent of the total cost of the storm sewer from the now estimated cost of approximately $8,000; recommen~ing further that City forces commence as sOon as the agreement is executed, with the construction of the roadway and that tenders be called for the construction of the storm sewer with a closing date of September 19, 1972. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the report be received and adopted. ~ NO. 455 - City Manager - Re: 1972 Current Budget Items for Municipal Service Centre. (a) Heating and Insulation of Metal Buildings; suggesting the establishment of permanent storage and mezzanine storag~ areas in one building; (b) Auxiliary Building - proposed body and paint shop; suggest- ing that the funds allocated for the erection of a Butler type building for a paint and body shop be used for the completion of the main metal buil4ing and enable the work to proceed to establish permanent and mezzanine storage areas for the various departments in the Municipality; suggesting that the proposed~edyand paint shop be. given further con- sideration during the 1973 Budget discussions; (c) Erection of Market Stalls at the old market site; advising that the funds allocated for the erection of the market stalls also included the placement of metal sidings on three sides of the market stalls for protection purposes; advising that the work will be completed by City forces and will p~ovide additional eovered storage area. for municipal equipment; requestipg permission to obtain quotatipns for the insulation of the ceiling and walls and the supply and installation of approximately five heaters for the main metal building. ORDERED on the motion o£ Alderman Beerag, seconded.by Alderman Hunt that the report be received end adopted. Note: Alderman Mann retired from the Council Chambers No. 456 - City Manager - Re: Painting-of Exterior Walls for Niagara Falls Memorial Arena. Recommending that the painting contract be swarded to Award International Co. Ltd. at the quoted price of $2,795.00. ORDERED on the motion of Alderman Bearss4 seconded by Aldex~nah Martin that the report be received and adopted. See Resolutinn No.91 [I - 7- Reports (Cont'd) No. 458 - City Manager - Re: One 1972 Model Panel Van Truck. Reconnending acceptance of the tender submitted by Border Pontiac Buick Ltd. in the amount of $3,632.00. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the report be received and adopted. See Resolution No. 92 No. 459 - City Manager - Advising of the composition of the Niagara South Board of Education and the Welland County Roman Catholic Separate School Board for the purpose of the 1972 elections; advising that the number of representatives for the City of Niagara Falls will remain the same as during the 1971-72 term of office; suggesting that the allocat ion appears to be in conformity with the formulas set out by statute and reconnnending that it be accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and adopted. No. 460-City Manager - Submitting requested information obtained from local postal authorities regarding the number and location of mail pick up boxes; advising also that in new subdivisions street letter pick up boxes are not placed until delivery service is initiated and that such service is provided when roads are paved and sidewalks installed. ORDERED on the motion of Alderman Puttick, seconded by Aldernmn Hunt that the report be received and filed. Note: Alderman Mann returned to the Council Chambers No. 461 - Planning & D~v~topment Connnittee - Re: Connnunity Planning Association of Canada Conference, Calgary, Alberta, September 17th to 20th,1972; recommending that the Planning Administrator and the Chairman of the Planning & Development Committee be authorized to attend. ORDERED on the motion of Alderman Hunt, seconded by Alderman Bears~ that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville., Hunt, Mann, Martin, McKinley, Thomson,Wilson. NAYE:Aldermen Euttick and, Schisler. No. 462 - City Manager - Recommending that the Personnel Officer, A.L.Jobey, be permitted to attend the Fall Workshop of the Ontario Municipal Personnel Association, Sarnia, September 28th and 29th, 1972. ORDERED on the mot ion of Alderman Hunt, seconded by Alderman Thomson that the report be received and adopted. The motion Carried with Aldermen S~hisler voting contrary and all others in fayour. ~ No. 463 - City Manager - Re: 1972 Ontario Building Officials Conference. Recon~nending that Mr. M. 3ohnston, Building Inspector, be authorized to attend the Conference to be held in the City of Thunder Bay from October 24 to 26th,1972. ORDERED on the motion of Alderman Thomson,. seconded by Alderman Martin that the report be received and adopted. No. 464 - City Manager - Re: Canadian Fleet Maintenance Seminar, Toronto, September 25-27th, 1972; reconnnending the attendance of the Equipment Superinten- dent, C. H. Willisms. ORDERED on the motion of Alderman Beerag,. seconded by Alderman Martin that the report be received and adopted. No. 465 - City Manager - Re: Annual Roads and Transportation Association of Canada Convention, Winnipeg, Man., October 2 - 5, 1972, tnel.; recommendin that the City Engineer~ranother member of the engineering staff and one g member of Council be authorized to attend. ORDERED on the motion of Alderman Hunt, seconded by Alderman Puttick that the report be received and filed and the City Engineer be'authorized.to attend the Roads and Transportation Association Convention. No. 466 - City Manager - Resolutions from Ontario municipalities. A. City of Hamilton - A resolution petitioninS the provincial government to implement'legislation requiring an annual safety check on 811 motor vehicles; reconmending that the resolution be received and file and the City of Hami,lton, be. informed that the money could be better spent promoting driver ORDERED on the motion of Aldermen McKinley, seconded by AldermanThomson that the reconnendation be adopted. The motion Carried with Alderman Bearss votin8 contrary and all oLhers in fayour.. ' -8- Report # 466 (Coni'd) B. City of Penticton,B.C. - A resolation regarding problems related to the presence of transient youth during the summer season; recommending that the resolution be endorsed and copies sent to the Social Planning Council and to the local youth hostel for their information. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the resolutiDn be received and filed. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Hunt, MartS.n, Schisler, Thomson. NAYE:Aldermen Wilson, McKinley, Puttick, Mann. C. City of Kitchener - A resolution regarding the use of strikebreakers and moonlighting by employees engaged in a strike; recommending that the resolution be endorsed. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the resolution be received and filed. D. City of Windsor - A resolution requesting that provincial grants be made availabIe to municipalities to aid in the construction of public libraries, art galleries and museums; recorenending endorsation of the resolution and notification be sent to the Niagara Falls Public Library Bosrd of Council's action. ORDERED on the motion of Alderman Schisler, seconded By Aldermen Bearsa that the recommendation be adopted. E. Borough of Scarborough - A resolution regarding the use by dairies of three-quart disposable cartons; recommend~ag! that the resolution be received and filed. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the resolution be received and filed. F. City of Brockville - A resolution regarding costs of Children's Aid Societies; recommending that the resolution be referred to the Regional Municipality of Niagara for their consideration with a request that they notify the City of Brockville directly of their decision. ORDERED on the motion of Aldermen McKinley, seconded by Alderman Schisler that the recommendation be adopted. G. Erie Economic Council - A resolution regarding financial assistance to the Erie Economic+ Council; recommending that the resolution be referred to the South Ontario Economic Development Council for their comments. ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that the recommendation be adopted. ~ H. City of Woodstock - A resolution regarding the World Hockey Association and Bobby Hull; recommending that the resolution be received and filed. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the recommendation be adopted. I. City of Windsor - A resolutinn requesting the provincial government to support limited dividend municipal housing projects with grants equal to $500 per unit; recommendin~:. endorsation of the resolution. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the resolution be endorsed. Report ~ 467 - Lottery Licensing Officer - Reconunending approval of the application of the Burgess Battery Fastball Team to manage and conduct a Raffle Lottery. ORDERED on the motion of Alderman Hunt, seconded by Alderman Schisle~ that the report be received and. adopted. No468- City Clerk - Recommending approval of Municipal Licences. Alderman Puttick declared his interest in the application of Rentabug Niagara Falls for a Public Garage A licerice and abstained from voting on this one item, ORDERED on the motion of Alderman Mann, seconded by Alderman Somerville that the report be received and adopted and 1.icences granted, II - 9- Reports (Coni'd) No. 469 - City Manager - Recommend ing payment of Municipal Accounts. ORDERED on the motion of Alderman Wilson, seconded by Alderman Bearss that the report be received and adopted. RESOLUTIONS No. 89 - MCKINLEY - WILSON - RESOLVED that as provided for in Bill 174, the Municipality of Niagara Falls hereby petition the Regional Municipality of Niagara to proceed with a Waste Management Study designed to provide recommendations for the provision of Waste Management facilities for the Municipalities within the Region; and be it resolved that this Council does support the principles of a Regional Waste Management Study; AND the Seal of the Corporation be hereto affixed. Carried UnaH No. 90 - MANN - HLrNT - RESOLVED that the Council of the City of Niagara Falls hereby certify that the application of J. Bevan for the rezoning of property known as Pt. Lot 3, Plan 251 and located at the corner of Main and Church Streets in the former Village of Chippawa, conforms to the Official Plan Amendment No. 30 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unan.~Rusl~ No. 91 -BEARSS-MAR~IN _ RESOLVED that the contract for painting the exterior walls of the Niagara Falls Memorial Arena be awarded to Award International Co. Ltd. at the quoted price of $2,795.00; AND the Seal of the Corporation be hereto affixed. Carried Una~mousl~ No. 92 - HUNT - WILSON - RESOLVED that the tender submitted by Border Pontiac Buick Ltd. for the supply of one (1) 1972 Model Panel Van Truck in the amount of $3,632.00 be accepted; AND the Seal of'the Corporation be hereto affixed. Carried Unan~ou___e~/X No. 93 - HUNT - MANN - RESOLVED that a letter of commendation be forwarded to Constable Douglas Goodman who is credited with saving the life of a seven year old boy who had fallen from a moving train; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously No. 94 - MCKINLEY - WILSON - RESOLVED that the next meeting of the Council Committee be held on Tuesday, September 5, 1972 at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. The motion approving the resolution ~arried with Alderman Puttick voting contrary and all others in fayour. NEW BUSINESS INTRODUCTION - NEWS REPORTER His Worship Mayor Miller introduced Mrs. Bernice Huxtable who will now cover the Council proceedings for the Niagara Falls Gazette. SENIOR CITIZgNS ASSOCIATION It was moved by Alderman Wilson, seconded by Alderman Thomson that a meeting of the City Council, or a committee of Council, and representatives of the Niagara Falls Senior Citizens Association be arranged for the purpose of discussing the recommendations contained in the report entitled '~4hat's Important to the Elderly in Niagara Falls'!. Th@motion p~rried unanimously. DISPOSAL OF WILLOUGHBy PROPERTIES Alderman Hunt enquired as to what progress is being made to dispose of tax properties in the former Township of Willoughby. The City Manager confirmed that the matter was being handled by officials of Niagara Falls and the Town of Fort Erie. RESOLUTION NO. 89-A - MANN - WILSON - RESOLVED that the Council of the City of Niagara Palls hereby certif that the licati n of Taro Properties Property known as P[.Tw .Lots Ltd. for the rezontn of ~ and lel and located on the south side of Dunn S[reet, sonforms to the Of~lcia~ Plan Amendment No,28 of the Niagara Falls Planning Area as hy the Ml.ister of unicipal Affairs, AND the Seal of the Corpo,atio. CARRIED UNANIHOUSLy - 10- New Business (Cont'd) WILLOUGHBY DRIVE AND RAILWAY RIGHT OF WAY Alderman Hunt advised that property owners on Willoughby Drive were interested in purchasing the land along the old railway right of way. He noted that the area was presently infested with flies and mosquitoes and suggested that if the area residents were allowed to purchase the property it would be levelled and cleared. The City Engineer said there is an existing ditch along the right of way which is now owned by the Municipality. Residents of the area interested in purchasing additional land have been notified that the City wishes to retain the property at the present time. DISEASED TREES - EPWORTH CIRCLE Alderman McKinley reported that he had been advised by the Parks Superintendent that, due to an existing policy, City forces cannot enter upon private property to spray trees on Epworth Circle which are heavily infested with 'Fall Web Moths'. The Alderman expressed his concern about the spread of the condition to other trees including those on public property. The City Manager suggested that such action would set a precedent and the City would receive many similar calls. Alderman McKinley said that, in this instance, it is an emaergency and City forces should be used. It was moved by Alderman McKinley, seconded by AIderman Martin that the City Manager be instructed to have the diseased trees on Epworth Circle sprayed by City forces. The motion Carrie~ with the following vote: AYE: Aldermen Bearss, Somerville, Martin, McKinley, Schisler, Thomson, Wilson. NAyS:Aldermen Hunt, Mann and Puttick. Alderman Puttick enquired about the spraying of mosquito infested properties located south of McLeod Road. The City Engineer advised that this particular area is sprayed each year by a licensed firm engaged by the City. WEEDS ON HYDRO PROPERTY Alderman McKinley suggested that consideration be given to having City forces go on Rydro property to cut weeds which have been allowed to grow since the start of the Hydro strike. The City Engineer "'said that the suggestion could be referred to the Weed Ins~pector and if it is found that a noxious weed problem exists, Hydro officials would be notified. Alderman Mann opposed the suggestion pointing out that earlier in the meeting Council members had endorsed a resolution from the City of Kitchener in respect to the use of strikebreakers. BUSINESS AND INDUSTRIAL GROWTH COMMITTEE Alderman Puttick questioned the delay in the presentation of a report regarding the transfer of the B.I.G.Committee'fromthe Chamber of Commerce building to City Mall. The City Manager asked that members of Council go along ~ith hie thinking that this is not sn opportune time to 'present such a report in view of the matters discussed at a meeting of the City Coun cL1 and members of the Business and Industrial.Growth Committee. AGREEMENT WITHNEWS MEDIA Aldernmn Puttick suggested that the press had broken the agreement respecting the reports on matters discussed at the COuncil Com~ittee meeting. The ~ity Clerk stated that in this particular instance one o[ the Aldermen concerned had been interviewed by the radio station and his conversation had been broadcast on subsequent news programs. In a conversation with the Review editor, Mx. Collinson had indicated that, in his opinion, the newspaper had not broken faith inasmuch as the item had already been made pubXic. . ..... 11. II II - 11 - ALDERMAN CHEESMAN'S RESIGNATION Replying to questions by Alderman Puttick, the City Clerk advised that Alderman Cheesman's salary as an Alderman has terminated and it is his understanding that Alderman Cheesman will offer his resignation inasmuch as he will be inEngland for a year. FEDERAL-PROVINCIAL TOURIST COUNCIL Alderman Thomson expressed his concern about the failure of the Minister of Trade and Commerce, the Hon.Jean-Luc Pepin, to appoint a Niagara Falls representative to serve'on the newly-formed Federal-Provincial Tourist Council. The Alderman pointed out that the organization, established for Canada-wide tourist promotion, would have a half million dollar budget this year and this would be increased in the future. AIderman Thomson advised that although he had not been able to contact Mr.J.Green, M.P., directly, his secretary had indicated that the matter was being processed. He suggested that an attempt bem ade to set up a meeting with the Hon. Pepin, through Mr. Green's office~ to enable a delegation composed of a representa- tive of the Niagara Resort and Tourist Association, a representative of the Niagara Parks Commission and His Worship Mayor Miller to point up the benefits to be derived by including a Niagara Falls representative on the Tourist Council. Mayor Miller stated that immediately following the announcement of ~ the formation of the Tourist Council he had sent a telegram to the Minister. In reply he had received a two-page letter which explained the manner in which the members of the council had been appointed. BY-lAWS No. 71-111 - A By-law to authorize the construction of certain works as local improvements under Section 12 of The Local Improvement Act. (Read a first and second time on July 26, 1971). Resolution No. 95 - BFARSS - SOMERVILLE - RESOLVED that By-law No.71-111 to authorize the construction of certa in works as local improvements under Section 12 of The Local Improvement Act which was read a first and second time at the meeting of Council held on the 26th day of July, 1971, be amended as follows: (1) by striking out the figures $97,895, $43,084 and $29,747 in the second, fourth and fifth lines, respectively, of the second recital and inserting in lieu thereof the figures $78,645, $31,638 and $21,943, respectively, (2) by striking out "5 to 11, inclusive" in the eighth line of section 4 and inserting in lieu thereof "5, 7, 8 and 9", (3) by striking out section 5 and substituting therefor the following: 5. THAT the special assessments in respect of the said works numbered I to 5, inclusive and 7, 8 and 9 shall be paid in ten equal annual instalments. (4) by striking out section 6 and substituting therefor the following: 6. THAT the cost of construction of the said works number 1 to 5, inclusive, and 7, 8 and 9 be raised by the issue and sale of Debentures of The Regional Municipality of Niagara repayable over a term not exceeding ten years, the said Debentures to be authorized by a by-law or by-laws of the Regional Council. (5) by striking out section 8 and substituting therefor the following: 8. THAT any person whose lot is specially assessed may commute for a payment in cash the special rates imposed thereon by paying the portion of the cost of construction assessed against such lot without interest thereon at any time within thirty days after the date fixed for the holding of the Court of Revision but may not commute thereafter. (6) by striking out items 6, 10, 11 and 12 of Schedule '~" and the heading '~anitery Sewermain" preceding item 11 and the heading "Privat.e Sanitary Drain Connections" preceding item 12, (7) by striking out the totals $97,895.00, $43,084.00 and $29,747.00 in the columns headed Estimated Cost, Estimated Urban Service Areas' Share and Eatbusted Owners' Share of Schedule '~" and inserting in lieu thereof $78,645.00, $31,638.00 and $21,943.00, respectively and that the said by-law, as so amended, be now read a third time and passed; AND the Sesl of the Corporation be hereto affixed. The motion Carried with Alderman Hunt voting contrary end all others in fayour. Carried Third Reading, as amended - Aldermen Bearss and Somerville. - 12- B~-la~s. (Coni'd) No.72-121 - A By-law to authorize siterations to the steel roof trusses and beams of the Niagara Falls Memorial Arena. (Given a first and second reading on 3uly 17, 1972) Third Reading - Aldernmn McKinley and Alderman Wilson. Carried UnanimDusly No. 72-148 - A By-law to provide for the Standing Rules of the Council. ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Schisler that Rule 36(2) of the Standing Rules of Council be temporarily suspended and the By-law be given the second reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Martin, Schisler, Thomson,Mayor Miller. NAyE:Aldermen Hunt, Mann, McKinley, puttick, Wilson. Third Reading - Alderman Schisler and Alderman Somerville. The motion Carried with the following vote: ~dermen Beerag, Somerville, Martin, Schisler, Thomson, Mayor Miller. NAYE:Aldermen Hunt, Mann, McKinley, Puttick, Wilson. No. 72-149 - A By-law to authorize the execution of an agreement respecting the construction of a roadway and storm sewers for the proposed extension of Valley Way. ORDERED on the motion of Alderman Beerag, seconded by Alderman Wilson that AIderman Hunt be granted the privilege of introducing the By-law and 'the By-law be given the first reading, Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the by-law be now given a second and ~hird reading. Carried Unanimously No. 72-150 - A By-law to authorize the execution of an agreement with the St.Lawrence Seaway Authority respecting roads and grade crossings. ORDERED on the motion of Alderman Martin, seconded by Alderman Bunt that Alderman gchisler he granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the by-law be now given a second and third reading. Carried Unanimously NO. 72-151 - A By-law to amend By-law No.70-261. ORDERED on the motion of Alderman Somerville, seconded by A~derman Martin that Alderman Bearss be granted the privilege-of intro- ducing the By-law and the By-law be given the first reading. Carried Unanhnously |l .I - 13 - By-law No.72-151 (Coni'd) ORDERED on the motion of Alderman Beerag, seconded by Alderman Hunt that the by-law be now given a second and third reading, Carried Unanimously No, 72-152 - By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment No. 61) ORDERED on the motion of AldermanSchisler, seconded by Alderman Hunt that Alderman Mann be granted the privilege of introducing the By-law and.the By-law be given the first reading. Carried Unanimouslx ORDERED on the motion of Alderman ~nn, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimousl~ No. 72-153 - A By-law to authorize the execution of a site plan agreement wit~ Feliciano Fingue Plastering Limited. ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that Alderman Bearss be granted the privilege of introducing the By-law and the By-law he given the first reading. Carried UnanimouslX ORDERED on the motion of Alderman Beerag, seconded by Alderman Thomson that the By-law be nowglven a second and third reading. Carried Unanimously. No. 72-154 - 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 (Pingue Pl~ering) ORDERED on the motion of Alderman Beerag, seconded by Alderman Hunt that Alde~nan Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-155 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now ~n the City of Niagara Falls, as amended. (V.L.A.(Pitton) ~l,Subdivision) ORDERED on the motion of Alderman Martin, seconded by Alderman' Schisler that Aldermen Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given 'a second and third reading. Carried Unanimously ~3.Y2-156 - A By-law to authorize the execution of an agreement with Award International Company for the painting of the exterior walls of the Niagara Falls Memorial Arena. - 14 - By-law No.7Z-156 (Cont'd) ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the by-law be now given a second and third reading. Carried Unanimously No. 72-157 - A By-l~w to provide monies for general purposes. ORDERED on the mot ion of Alderman McKinley, seconded by Alderman Hunt that Alderman Somerville be granted the privilege of introducing the By-law and.the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously No. 72-64 - A By-law to designate a certain area as an improvement area. (Given a first and second reading April 24, 1972) THIRD READING - Alderman Mann and Alderman Thomson, ADJOURNMENT The meeting adjourned at 10:30 p.m. on the motion of Alderman Somerville, seconded by Alderman Bearss. READ AND ADOPTED, -/lark ~ENTY-SEVENTH MEETING Committee Rooms 2 & 3, August 21, 1972. SPECIAL MEETING II Council met on Monday, August 21, 1972, immediately following a meeting of the Council Committee, for the purpose of considering tenders for the structural reinforcement of the Niagara Falls Arena. His Worship Mayor F. J. Miller presided as Chairman. All Members of Council ware present with the exception of Alderman Wilson. Report #442 - City Manager - Re: Tenders for the Structural Reinforcement of the Niagara Falls Arena. Recommending that the contract be awarded to Newman Structural Steel Ltd. at the quoted price of $28,300.00. ORDERED on the motion of Alderman Bearss, seconded by Aldermen McKinley that the report be received and adopted. See Resolution No.88 RESOLUTION No. 88 - BEARSS-McKINLEY - RESOLVED that the contract for structural modifi- cations for the Niagara Falls Memoria Arena be awarded to Newman Structural Steel Ltd. at the quoted price of $28,300.00; AND the Seal of the Corporation be hereto affixed. Carried .Unanimously By-Law No. 72-147 - A By-law to authorize the execution of an agreement with Newman Structural Steel Limited for structural modifications for the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman McKinley, seconded by Alderman Bearss that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading, Carried Unanimously ORDERED on the motion, of Alderman Mann, seconded By Alderman Schisler that Rule 36(2) of ~he. Standing Rules of Council be temporarily suspended and theBy-l~w hergiven the second reading. Carried Unanimously Third Reading - Alderman Schisler and Alderman Martin. Carried Unanimously ADJOURNMENT The meeting adjourned at 10:30 p.m. on the motion of Alderman Schisler,- seconded by Aideman Mann. P~ AND ADOPTED, TWENTY-NINTH MEETING SPECIAL MEETING Council Chambers, September 5, 1972. Council met in special session on Tuesday, September 5, 1972 at 7:30 p.m. His Worship Mayor F. J. Miller presided as Chairman. All Members of Council were present with the exception of Alderman Chessman. II NIAGARA SQUARE Report ~470 - City Mana8er - Re: By-law No.72-138, Mardress Investments Ltd. and Niagara Square Corporation. Advising that in accordance with the usual procedure, the by-law has been circulated and, as s result, two objections have been received; requesting the direction of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the report of the City Manager be received and, notwithstanding the objections received, Council reaffirm its approval of the passing of By-law 72-138 to permit the erection of a shopping complex at the southwest intersection of McLeod Road and the Queen Elizabeth Way and the application be forwarded to the Ontario Municipal Board for consideration. The motion Carried with Alderman McKinley voting contrary and all others in layout. FORMER LANDFILL SITE Report #471 - City Manager - Re: Former Landfill Site, Interseotion of Montrose and McLeod Roads. Advlsing that Campbell Quarries Ltd. has indicated an interest in obtaining approximately 220,000 tons of rubble rock from the former landfill site and has offered fifteen cents per ton based on weigh. tickets; suggesting that the material could be very easily removed from the west end of the s ire and would fit in with anticipated Stamford Park develop- ment in the area. The report indicates that a proposed agreement includes a clause whereby Campbell Quarries will be responsible for obtaining the necessary permission from adjacent owners where privately owned lands must be crossed. In addition, the Municipality has been indemnified and saved harmless from any claims caused by the firm or its employees. ORDERED on the motion of Alderman Puttick, seconded by Alderman McKinley that the report of the City. Manager be received and tile request of Campbe~ Quarries Limited be approved. By-law No. 72-158 - A By-law to authorize the execution of an agreement with C~mpbell Quarries Limited. ORDERED on the motion of Alderman McKinley, seconded by Alderman Bearss that Alderman Puttick be granted the privilege of introducing the by-law and the by-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the by-law be now givenf a~ second and third reading. Carried Unanimously CANNAI HOLDINGS LIMITED Report {~472 - City Clerk - Re: Csnnsi Holdings Ltd. and application of the City of Niagara Falls for approval of Restricted Area By-law No,70-211 and proposed Amendment No. 44 to the Official Plan. Submitting copies of letters addressed to the Chairman of the Ontario Municipal Board and the City Solicitor wherein Cannai Holdings Ltd. request a six-week postponement of the Ontario Municipal Board hearing on the Cannai shopping plaza application; suggesting that it is quite likely that the Board wtll contact the Municipality to determine if the six-week postponement is acceptable. - 2- When asked to comment, the City Solicitor stated there are only a few questions to be asked of the City Engineer and the City's evidence will be concluded. The Ontario Municipal Board has indicated that it will then hear the Csnnat evidence. Mr. Young expressed the opinion that if Carmai is not prepared to offer evidence at that time, there would be little to he gained by proceeding with the hearing and terminating it when the City Engineer leaves the stand. Mr. Young suggested that if Csnnai is not prepared to offer evidence when the hearipg resumes on September 12th,. the Ontario Municipal Board should be given advance notice. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that Mr. E. R. Kuhn be granted permission to address Council. Mr. Kuhn, Vice. President of Cannai Holdings Ltd., was asked to explain the reasons why the developers had asked for a postponement of the hearing, He replied that in view of the rapid development in the Region and the establishment of two additional large department stores in St.Catharines and Welland, Cannai Holdings is not in a position to assure interested major tenants that Niagara Falls will, in fact, have a shopping centre. He said that if Cannai proceeded with only a limited store area, it is doubtful if mere stores could be added at a later date. Under the present circumstances, he said, it is necessary for Cannai to alter their plans. It was then moved by Alderman Puttick, seconded by Alderman Wilson that City staff be authorized to notify the Ontario Municipal Board that the City Council is not in favour of postponing the hearing as requested by Cannai Holdings Limited and the communication he received and filed. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Puttick, Schisler, Wilson. NAYE|Aldcrmen Mann, Martin, McKinley, Thomson, Beargs. ADJOURNmeNT The meeting adjourned on the motion of Alderman Somerville, seconded hy Alderman Galloway. READ AND ADOPTED Clerk I!1 '11 THIRTIETH MEETING REGULAR MEETING Council Chambers, September i1, 1972, Council met on Monday, September 11, 1972, at 7:30 p.m. for the purpose of considering general business. Alderman Martin offered the Opening Prayer. All Members of Council were present with the exception of His Worship Mayor Miller and Aldermen Galloway and Chessman. RESOLUTION No. 96 - HUNT - MANN - RESOLVED that Alderman Ray Wilson be appointed Presiding Officer during the absence of His Worship Mayor F. J. Miller; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that the * minutes of the regular meeting held August 28, 1972, be adopted as printed. UNFINISHED BUSINESS URBAN RENEWAL PROJECT Report ~ 473 - City Manager - Re: Urban Renewal Project. Noting that City Council approved the acquisition of twelve properties in the Urban Renewal area bounded by Huron Street, Ontario Avenue, Morrison Street and Elizabeth Place and advising that options have been obtained to purchase eight properties to date; recommending that Council approve the purchase of eight properties at a total cost of $167,000 including legal fees and that the City Solicitor be authorized to complete the legal work associated with the acquisitions. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss that the report of the City Manager be received and adopted. NIAGARA ESCARPMENT Conn.~139 - Niagara Peninsula Conservation Authority - re: Niagara Escarpment Task Force. Requesting that the City Council meet with the Authority at the earliest possible time to discuss various alternative acquisitions and priorities. Report ~474 - City Clerk - Advising that arrangements have been made to meet with representatives of the Niagara Peninsula Conservation Authority on Tuesday, September 12,1972 at 7:30 p.m. in the Council Chambers. Presiding Officer Wilson noted that the Authority has already acquired some property. Alderman Bearss advised that the property was beyond the boundaries of the City of Niagara Falls and 75% of the cost was provided by the Provincial Government. The remaining 25% was paid by the Bruce Trail :Conmaittee. The Authority acted as an agent but has. spent no money. V.L.A.(PITTON) SUBDIVISION Report ~475 - City Manager - Re: Proposed re-subdivision of V-L.A.(Pitton) Subdivision, Registered Plan 223. Noting that preliminary approval of the subdivision was subject to a number of co~ditions including a requirement that a 22 foot road widening be provided along the east side of Kalar Road frontinS those lots which are not presently built upon; advising that the Director of V_~_-,_Sns' Land Administration is not prepared to sign the proposed plan as an owner unless this requirement is waived by the City; suggesting that the refusal of the V.L.A. to dedicate the road widening is beyond the control of the developer and should not Jeopardize the final approval of the plan; recommending that the Subdivisions Section of the Cemmunity Planning Branch be requested to amend Item I of the Minister~a conditions to read: "That sufficient land be dedicated as public highway to widen Kalar Road by 22 feet, excepting the frontage of those lots shown numbered 16, 18, 21, 22, 24, 28, 30, 32 and 41 on the proposed plan. - Z- V.L.A.Subdivision (Coat 'd) Alderman Thomson suggested that adoption of the report would enable the subdivision to proceed and would solve the health and sanitary problems experienced in the area. Alderman Patrick questioned the authority of the V.L.A. official to refuse to sign the proposed plan. The City Engineer explained that the properties involved have not come under the full ownership of the individuals and until such time as the mortgages are termire~d the V.L.A. own the property and their signature is required on the plan. Mr. Rodman indicated on a tabled map those properties owned by the developer which have not been built upon are on which the 22 foot dedication has been obtained. Several members of Council agreed with Alderman patrick that it was unfair that some of the veterans had consented to the land dedication while others had not and therefore, at some later date, the City would be required to buy the property. Alderman Martin questioned if the City had negotiated with the V.L.A. regarding an agree- ment whereby the land would be automatically deeded to the City when the mortgages were terminated. ORDERED on the motion of Alderman McKinley, seconded by Alderman Thomson that Mr. I. M~zCallum be granted permission to address Council. Mr. McCallum, as spokesman for the developers, confirmed that the V.L.A. were still owners of the land and will not sign the plan nor will the veterans consent to the dedication. He indicated that only five properties were involved and soma of the veterans would not agree under any circumstances- He pointed out also that for a period of ten years the residents of the area had contributed toward a disposal plant which they do not have. It was then moved by Alderman Hunt, seconded by Alderman Patrick that the report of the City Manager be received and tabled for two weeks pending further negotiations with the property owners. The motion Carried with the following vote: AYE: Aldermen Somerville, Hunt, Mann, Martin, puttick, Schisler, _NAyE:Aldermen Thomson, McKinley, Bearas. ROLA WOODS SUBDIVISION Report #476 - City Manager - Re: Flooding of Role Woods Subdivision. Advising that a complete investigation by the Engineering Department indicates that the flooding of sanitary sewers in the Role Woods Sub- division resulted from a number of factors, principally, the state of the subdivision during recent rainstorms, namely, the fact that the services were still under construction and the houses were not completely built-up; commenting on the various factors which contributed to-the flooding. ORDERED on the motion of Alderumn Thomson, seconded by Alderman ]{artin that the report of the City Manager be received and filed and a.copy forwarded to those homeowners in the Role Woods Subdivision ~ho had experienced severe basement flooding. COMMUNICATIONS No. 143 - Washington Demolition Service - Comments re: proposed appointment of provincial Safety Inspectors; commenting on the advantages of the City retaining its <~,~n local inspectors. ORDERED on the motion of Alderman Martin, seconded by Alderman Thomson that - the com~nuaication be received and Mr. Washington be advised that the City has gone on record as faycuring the feint%tics of local inspectors) further, that a copy of the communication be forwarded to the appropriate provincial Department. No. 144 - Regional Municipality of Niagara - Re: Construction of a Ground Water Storage Reservoir on Kent Avenue. Requesting a certified resolution of Council regarding the cost of the proposed construction and e statement that the coat of the proae~t can be recovered from the water rates of the City. . .... 3. II II - 3 - Con~n.#144 (Cent'd) Alderman Wilson expressed his concern about the possibility of increased water rates. The City Engineer replied that the matter was being considered on the basis of existing arrangements which could ms n an estimated increase of four to six cents per thousand gallons. He indicated that the water rates would not be affected for two years. Alderman Puttick stated that the required $1,320,000 had not been officially approved by Council and suggested that more information should he provided. The City Engineer pointed out that members of Council were invited to two meetings with the Regional Public Works Committee to discuss the total report prepared by the consulting firm of Gore & Storrie Ltd. The City Manager also referred Council to a report prepared by the Design and Construction Engineer concerning the final report submitted to the Regional Municipality dealing with the Gore & Storrie analysis of the water system in Niagara Fal is. The report includes a long range plan for five years and the first project was the construction of a reservoir on Kent Avenue. It was moved by Alderman Thomson, seconded by Alderman Somerville that the communication be received and tabled for consideration at a Council Committee meeting. The motion .Carried unanimously. REPORTS No. 477 - City Clerk - Report of the Council Colmnittee. Recommending ratification in formal Council session of the action of the Council Connnittee at a meeting held September 5, 1972. A. FASTBALL CHARITY TOURNAMENT - Recommending that the request of the Niagara Falls Division of the Niagara Regional Police for permission to erect a tent at Ker Park for the sale of beer during a Fastball Charity Tournament on September 16th and 17th,1972, be approved subject to the approval of police,fire and health departments; further, that the Police Department be asked to contact the operators of the concession at Ker Park. regarding the provision of additional refreshments. ORDERED.on the motion of Alderman Mann, seconded by Alderman Hunt that the recommendation of the Council Conunities be adopted. B. PROPOSED ROAD CONSTRUCTION - 1972 - As a result of a reduction in the subsidy on Toad construction costs by the Ministry of Transportation and Cemmunications, the road construction program for the current year has been reviewed and it is suggested that an amount of $44,600 be spent on the 1972 Road Construction Program without M.T.C.subsidy. The report recommends that the proposed revision to the 1972 Road Construction Program as outlinedby the City Engineer during the Council Conmlittee meeting, be adopted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the recommendation of the Council Committee be adopted. C. PITS AND QUARRIES -The Council Committee had reviewed the negotiations with the Ministry of Natural Resources relative to the issuance of l i canoes to open, establish or operate pits and quarries in the.Municipality and discussed the lack of liaison which exists between the Department and the Municipality; recommending that the City Clerk be authorized to send a strongly-worded letter to the appropriate Department pointing out the weaknesses of the present system and, further, that representatives of the Department be asked to meet wi~ City Officials to discuss the matter further. ORDERED on the motion of Alderman Schisler, seconded by Aldersmn Thomson that the recommendation of the Council Committee.be adopted. D, CENTENNIAL POOL - Recommending that Mr. D.Costello and the City workmen responsible for the re-activation of the Centennial Pool be congratulated for their effort. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearas that the recommendation of the Council Committee be adopted. Report #478 - City Manager - Re: AM-46/71 Niagara Square ~orporation. Recommending that Council certify that the application for the fezcuing of property located at McLeod sad Moatrose Roads will conform to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area when Official Plan Amendment No, 57 is approved by the Minister of Municipal Affairs. Report #478 (Cont'd) ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report of the City Manager be received and adopted. The motion Captie~ with the following vote: AYE: Aldermen Beerag, Somerville, Hunt, McKinley, Puttick, Schisler, Thomson. BYE:Aldermen Mann and Martin. See Resolution No.97 No. 479 - Planning and Development Committee - Re: AM-26/72 Admiral Motel, (Hoffner), 5911 Clark Street. An application for an amendment to the zoning by-law to permit the use of the bottom floor of a newly erected building ironring on Ferry Street for a motel office; recommending that the applica- tion be approved subject to a site plan and Site Plan Agreement and that Council certify 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 Municipal Affairs. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. See Resolution ~o.98 Ii No. 480 - Planning and Development Committee - Re: AM-28/72 D.D'Addio, 4410 and 4420 Drummond Road. A fezsuing application to permit the erection of a general garage; advising that the area is presently zoned Commercial but would not permit the use requested; reco~mnending that the application be denied. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that Mr. P. Lococo be granted permission to address Council. As solicitor for the applicant, Mr. Lococo said that in addition to the material presented st the Planning Co~m%ittee meeting, he now has a petition signed by residents end businesses in the area indicating approval of the D'Addio application. In support of the application, Mr.Locooo suggested that the development would improve the area; increase the value of properties; increase taxes on two low and provide additional employment. The proposed expenditure for the land and building is $100,000. ORDERED on the motion of Alderman McKinley, seconded by Alderman gchisler that Mr. D. Johnson be granted permission to address Council. Mr. Johnson said that the objectors to the proposal were not opposed to a cormnercial use of the property hut did object to the establish- ment of a garage for the purpose of repairing motor vehicles. He noted that the operation would back onto private property and there would be fugues end considerable noise. ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report of the Planning and Development Committee be received and filed and the rezoning application of D.D'Addio to permit the erection of a general garage be approved, The motion Carried with Alderman Bears8 voting contrary and all others in fayour. ~ot~| Alderman Puttick declared his interested and abstained from voting. No. 481 - Planning and Development Cummittee - Re: Neighhourhood Plan. Referring to the applications of Angelmore Investments Ltd. and Wade Construction which were tabled.by the Committee pending the preparation of a neighbourhood plan; recommending that the overall plan for the area hounded by Dorchester Road, Hydra Canal, McLeod Road on the north and the and the Hydra right-of-way on the south, be adopted in principle aS the neighbourhood plan, subject to the problem of the '!dogyleg" cul-de-sac being resolved. ORDBRED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the Planning and Development Committee be received and adopted. No. 482 - Planning and Development Com~ittee - Re: Procedure for Approved Applications. Recotsaending (e) that approvals of applications for rezoning be vslid for one year only unless an agreement, where required, is entered into; (b) that sta£f from time to time enquire with the applicants as to the progress being made and (c) that the Planning sad Development Committee and Council be advised of outstanding applications. - 5- Report ~482 (Cant'd) ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report of the Planning and Development Committee be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in fayour. No. 483 - City Manager - Re: Select Committee on the Ontario Municipal Board. Advising that the C~y Clerk has prepared a brief for submission to the Select Committee which reflects several areas of concern; recommending that the brief be endorsed by Council and forwarded to the Select Con~nittee for consideration. ORDERED on the motion of Alderman Martin, seconded by Alderman Bearss that the report be received and adopted and the City Clerk be commended for the preparation of an excellent brief. No. 484 - City Manager - Re: Proposed Construction by Ministry of Transportation and Con~nunications between the Welland River and the South Limit of the City of Niagara Falls. Recommending that consideration be given to a resolution being forwarded to the M.T.C. indicating that the City would be in agreement with a proposal to delay the construction of the Bosserr Road flyover for a period of ten years and that the monies saved in interest payments be used toward the ~ construction of additional roadways outlined in a previous report dated. June, 1971. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. See Resolution No. 99 No. 485 - City Manager - Advising that the Ontario Municipal Board has confirmed that By-law 71-174 to rezone property at the north-east corner of Dorchester Road and Thorold Stone Road to permit an automobile service station and By-law 71-183 to fezone land at the north-west corner of Ddrchester and Margaret St. to again legalize the operation of an existing non-conforming use should be re-enacted in order that the date of their passing follows the Official Plan amendments; recommending that the by-laws appearing on 'the agenda be passed and submitted to the O.M.B. for approval. ORDERED on the motion of Alderman Martin, seconded by Alderman Bearss that the report be received and adopted. See By-law Nag.72-159 & Z~-160 No. 486 - City Manager - Re: Stamford Credit Union, Portage Road and Morrison Street. Advising that an application for s build ing permit has been received which would permit an addition to be erected on the north side of the building; advising further that the addition has been studied and found to be in accordance with by-law requirements and general site plan conditions; recommending that the change in the site plan be approved. ORDERED on the motion of Alderman Hunt, seconded by Alderman Thomson that the report of the City Manager be received and adopted. No. 487 - City Manager - Re: Soils Investigation - V.L.A.Pumping station and '-Proposed Storm Sewer along Q.E.W. to W-5-1. Recommending that the contract for a total of six bore holes including a soils analysis and report on soil conditions be awarded to Pets Associates Ltd. at a price not to exceed $1,850.00. ORDERED on the motion of Alderman Hunt, seconded by Alderman Bearss that the report be received and adopted. The motion ~arried with Alderman Schisler voting contrary and all others in layout. See Resolution No,100 No. 488 - City Manager - Re: Tender for Purchase of Used Municipal Equipment. Submitting a summary of the prices received for nineteen pieces of equipment and recommending the equipment be sold to tenderere indicated on the summary. ORDERED on the motion of Alderman Martin, seconded 'by Alderman Thomson that ~he report be received and adopted. See Resolution No. 101 -6- .Reports (Cent'd) Re. 489 - City Manager - Re: [ire Hose Quotation. Recommending that the lowest total bid in the amount of $4,891.50 submitted by George Angus Ltd. be accepted. ORDERED on the motion of Alderman Manna seconded by Alderman Bunt that the report be received and adopted. See Resolution No.102 No. 490 - City Manager o Re: Two Forced Air Fire Hose Dryers. Recommending that the ~otation submitted by King Seagrave Limited in the amount of $2,366.00 be accepted. ORDERED on the motion of Alderman Bearss, seconded By Alderman Martin that the report be received and adopted. See Resolution No.103 No. 491 - City Manager - Re: Road and Sidewalk Construction in Subdivisions and City Streets, Contract No.R.C.22-72. Recommending that the unit prices submitted by Steed and Evans Limited, be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. See Resolution No.104 No. 492 - City Manager - Re: Improvements - Finance Department. Advising that the noise level present in the Finance Section was investigated and several office equipment dealers and manufactures suggested that the noise level could be absorbed by (1) installation of a heavy duty traffic soft floor covering; (2) strategically placed acoustic screens and office planters and (3) alteration of traffic patterns between various work areas such as accounting, tax, payroll and water stations; advising that · quotations were received from five suppliers for the supply and installation of floor covering in the Finance Department and reconmending that the lowest quotation submitted by Roebarges Contract Furnitures Ltd. in the amount of $1,989.O0, be accepted. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 105 No. 493 - City Manager - Re: City Float. Advising that the City Float won first prize in the general category of floats aft the Erie County F~ir and Exposition and advising farther that the float will again be e~tered in the St.Cstharines Grape and Wine Festival on September 30,1972; suggesting that this type of publicity is a most effective method o~ promotion. ORDERED on the motion of Alderman McKinley, seconded by Alderman Thomson that the report be received and filed and Mr. Derek Costello and the Engineering Department be congratulated on this achievement. No. 494 - City Manager - Re: Sewer and Watermain Design Course, Toronto, October 16th. to October 20th, 1972, inclusive; reconmmnding that Mr,. S. Iorfida and Mr.Z. All of the Enginee~ing. Department be authorized to attend the course. · ORDERED on the motion of Alderman McKinley, seconded by AldermanThomson that the report be received and adopted. No. 495 - City Manager - Building PermitS issued during the Month of August, 1972. ORDERED on the motion of Alderman Mann, seconded by Alderman Bent that the report be received and filed. No. 496 - City Clerk - Recommending the granting of Municipal Licehess. ORDERED on the motion of Alderman McKinley, seconded by Alderman Martin that the report be received sod odepied and licehess granted. No. 497 - Lottery Licensing Office= - Recommending approval of the applica- tion of the Niagara Falls Optimist Club to manage and conduct e Raffle Lottery; further recomending that the application of the United Electricel Radio end Mechine Workers of America for permission to sell tickets in the City in conjunction with a raffle lottery to be held in North York be approved; rec~ending further that the application of ~he Shaw Festival of BlaSara.on'-the-Lake for permission to sell tickets in conjunction with a ~ 7 - Report ~497 (Cent'd) raffle lottery being operated by nine performing arts organizations be approved. ORDERED on the motion of Alderman McKinley, seconded by Alderman hearse that the report of the Lottery Licensing Officer be received and adopted. No. 498 - City Manager - Recommend ing payment of Municipal Accounts. ORDERED on the motion of Alderm~n Martin, seconded by Alderman Mann that the report be received and adopted. RESOLUTIONS No.97 - PUTTICK - HUNT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby certify that the application of Niagara Square Corporation, AM-46/71, for the rezoning of property known as Pt.Twp. Lots 179 and 186, located at McLeod and Montrose Roads, will conform to the Official Plan Amendment No. 28 of the City of Niagara Falls Planning Area when Official Plan Amendment No. 57 is approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. q~rFied No. 98 - HUNT - MANN - RESOLVED that the Council of the City of Niagara Falls hereby certify that the application of P.Hoffeer (Admiral Motel) for the rezoning of property located on the south-west corner of Clark and Ferry Streets, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Plsonin§ ~ Area as amended and approved by the Minister of Municipal Affairs; AND ~he Seal of the Corporation be hereto affixed. Carried Unanimously. No. 99 - HUNT - MANN - RESOLVED that the Ministry of Transportation and Communications be advised that the City of Niagara Falls would be agreeable to a delay in the construction of the Bosserr Road Flyover for a period of ten years on condition that the construction described in the report of June 14th, 1971, will be financed by the Ministry of Transportation and Communications, the construction of which will be completed near the end of the works now under consideration by'the Ministry of Transportation and Communications; AND the Seal of the Corporation be hereto affixed, Carried Unanimousix No. 100 - HUNT - BEARSS - RESOLVED that the contract for s total of six bore holes including a soils analysis and report on soil conditions in the area of the V.L.A.Pumptng Station and proposed storm sewer along the Queen Elizabeth Way to the W-5-1 Watercourse be awarded to Pete Associates Ltd. at'a price not to exceed $1,850.00; AND the Seal of the Corporation be hereto affixed. No. 101 - MARTIN - THOMSON - RESOLVED that used Municipal Equipment be sold to various tenderersnindicated on a sunmisty attached to.the report of the City Manager, No. 488; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 102 - MANN - HUNT ~ RESOLVED that the contract for the supply of Fire Hose ~be awarded to George Angus Ltd. who submitted the lowest total bid in the. amount of $4,891.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 103 - BEAESS - MARTIN - RESOLVED that the contract for the supply of Two Forced Air Fire Hose Dryers be awarded to King Seagrsve Limited at the quoted price of $2,366.00; AND the Seal of the Corporation be hereto affixed. Csrrled Unanimously No. 104 - MANN - BUNT - RESOLVED that the unit prices submitted by Steed and Evans Limited for road and sidewalk construction in subdivisions and on City streets, Contract No.R.C.22-72, be accepted;AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 105 - BEARSS - HUNT - RESOLVED that the contract' for the supply and instellation of floor covering in the Finance Department be awarded to Rosberg's Contract Furnituree Ltd., at the quoted amount of $1,989.00; AND the SeeX of the Corporation he h~reto affixed. .... · , C_arried Unanimously -8- NEW BUSINESS STORM DRAINAGE POLICY Alderman Bearss referred to a recent newspaper article which indicated that the City had lost Regional financial assistance for the construction of storm sewers because a proposed Regional storm drainage policy had not been accepted by the City. The Alderman asked for an explanation by the City Engineer. Mr.Rodman referred to previous reports approved by Council in which it was suggested that the construction of storm sewers should remain the responsibility of area municipalities. He stated that storm sewers are constructed basically for the direct benefit of an area municipality rather than the Region as a whole. The main reason for the Region to implement a storm sewer is for road drainage while the City installs stomn sewers primarily to alleviate basement flooding. Mr. Rodman indicated that while the City of Niagara Falls is sharing in costs of storm sewers required for roadway work in places such as Fort Erie, similarly Fort Erie and all other municipalities in the Region are paying toward the storm sewer installation by the Region on Victoria Avenue this past year. In other words, he said, sewers that are installed because of roadwork are still being constructed by the Region at this time. Mr.Rodman also commented on the difficulties that could be encountered by area munici- palities in proceeding with storm sewer installations if the Regional Government did not provide the usual grant because of insufficient funds or conflict of priorities. Continuing, the City Engineer said that according to the pro- cedure recormnended by the City of Niagara Falls, the Region would not be requested to participate in payment of the storm sewer system until such time as a Regional road is proposed for construction or reconstruction at which time the Region would pay its share. The comments of the City were supported by the Cities of St. Catharines and Welland and it was the decision of the Region to table the proposed policy on storm drainage for one'year at which time the policy would be re-evaluated, "' Although the McLeod Road storm sewer was constructed by the City, Mr. Rodman was of the opinion that the Municipality had not lost financially. He pointed out that if the Regional policy had been endorsed, the City would have to contribute toward the cost of a major installation in the City of St. Catharines and installations in other area municipalities and costs would eventually balance out. With existing subsidy arrangements, he said, there is no need for the Region to become involved in storm sewer installations. Mr.Rodman agreed that the Region must be invol,ed in pollution control of any storm sewer and the Sewer Use By-law, he said, does accommodate this. TELEPHONE TOLL CHARGES Alderman Hunt spoke about the continuing complaints in respect to the necessity for residents of the amalgamated areas Of the City to pay long distance charges on phone calls to the former City. He suggested that the routing of Willoughby and Crowland phone calls through the Stevensville line would eliminate the additional charge. ADDITIONAL WEED INSPECTOR Alderman Hunt noted that many properties in the former Township of Willoughby are overrun with weeds and suggested that an additional Weed Inspector should be employed to service the southerly section of the City. The City Engineer advised that the Weed Inspector does have an aSsistanttend, in addition, consideration is being given to the appointment of area foreman to looh after specific areas and become acquainted with the problems in YICTORIA AVENUE SIDEWALKS The condition of the sidewalks on the west side of Victoria Ave. near Armoury and Shncoe Streets were brought to the attention of the City Engineer by Alderman McKiuley. Mr. Rn4man advised that this section is includ~d.i~ the 1972 Sidewalk Construction Program. - 9 - New Business (Coni'd) Alderman Bearss mentioned the condition of the section of sidewalk between Jepson Street and McRae Street. The City Engineer agreed that the entire section was in poor condition and would be replaced in 1973. Temporary repairs will be undertaken this year. .VANDALISM AT WATERS ST.HOUSING PRO3ECT Alderman Puttick commented on the destruction of trees, shrubbery, flowers, fences and Playground equipment at the geared-to-income housing Project on Waters St. The Alderman suggested that the parents of the children responsible should be warned that unless their children are more strictly supervised, the cost of the damages will be added to their rent. The matter was referred to the City Manager. ~AMAGE TO MORRIS ROAD Alderman Schisler reported the t large tandem trucks had damaged the new pavement on Morris Road, north of Crowland Road and suggested that in~nediate repairs by the City would prevent further destruction. The matter was referred to the Works Engineer. NEW WORKS ENGINEER The new Works Engineer, Mr. Otto Van Doerrs was introduced by the City Engineer. Mr. Van Doerra was welcomed to the Municipality by Presiding Officer R-Wilson. ~ot~: Alderman Thomson retired from the Council Chambers.. ~Y-LAWS N~.72-159 _ A BY-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara F~lls, as amended. (Petrolins Canada Ltd.) ORDERED on the motion of Alderman Bearas, seconded by Alderman Mann that Alderman Somerville begranted the Privilege of introducing the By-law and the By-law he given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-160 . A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. (Auto Petro) ORDERED on the motinn of Alderman McKinley, seconded by Alderman Hunt that Alderman Schisler be granted the Privilege-of introducing the By-law and the By-law be given the first reading. Carried UnanimousiX. ORDERED on the motion of Alderman Schialer, seconded by Alderman Hunt that the;~By-law be now given a second and third reading. '- Carried Unanimousl~ .No. 72-161 . A By-law to authorize an agreement with Russe.ll'Maateraon and William Marshall, as Trustees, for the use of the Niagara Fall~ Memorial Arena. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Hunt be granted the Privilege Of int½oducing the By-law and the By-law be given the first reading. ~arried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman 8omervtlle Chat the By-law be now given a second and third reading. :: r ~ ',~err,ied Una~ousl~ - I0 - ~ (Conrad) No. 72-162 - A By-law to make subsection 1 of section 1 of The Lord's Day (Ontario) Act applicable in the City of N~agara Falls. ORDERED on the motio~ of Alderman Benrag, seconded by Alderman Somerville that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the By-law be now given a second apd third reading. Carried Unanimously No. 72-163 - A By-law to prohibit hehvy traffic on certain highways in the City of Niagara Falls. ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 72-164 - A By-law to authorize the acqhisition of land for the parking of vehicles.. (Southeasterly side of Ellen Avenue) ORDERED on the motion of Alderman Mann, seconded by Aldernmn McKinley that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the firzt reading. Carried UnanimouSly ORDERED on the motion of Alderman Bearss, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 72-165 - A By-law to authorize the execution of an agreement with Steed and Evans. Limited for the construction of roads and sidewalks. ORDERED on the motion of Alderman Schisler, sdconded by Alderman Martin that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be givgn the first reading. Carried Unanimously ORDERED on the motion of Alderman Begrag, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-166 - A By-law to provide monies for generil purposes. ORDERED on the motion of Alderman McKinley, seconded by Aldeman Bearss thst Alderman Martin be granted the privilege of introducing the By-law. Carried Unsnimoujly I ORDERED on the motion of Alderman Martin, seconded by-Alderman Hunt thst the By-law be now given a second and third reading. Carried Unanimously The meeting adjourned at 10:00 p.m. on the motion of Aideman hearse, seconded by Alderman Mann. ~'~aa READ ANDADOPTED, residing Officer THIRTY-FIRST MEETING Council Chambers, September 12, 1972 SPECIAL ~ETING Council met in special session on Tuesday, September 1Z, 1972 at 7:30 p.m. Alderman McKinley presided as Chairman. ATTENDANCE: City Council - Alderman McKinley and Alderman Martin Niagara Peninsula Conservation Authority - Chairman Francis Goldring, Craig Leuty, Church Swayze, D. Duff, Secretary. Ministry of Mines - Ted Wilson Planning & Development Committee - G, Hesse and H. Henderson City Staff - City Engineer Ward Rodman, Planning Administrator Peter Van Belle and City Clerk Jack Collinson. The Chairman called upon Mr. Goldring to present a review of the action taken to date by the Authority on this matter. Mr. Goldring outlined the procedure normally followed by the ~ Conservation Authority in the acquisition of lands and the progress made to date in the acquisition of Escarpment lands. He stated that up to 1970 the Authority was deeply involved in the expenditure of funds for the Binbrook Dam Proposal. An earlier suggestion that an additional ten cent per capita Be,levied was initially dropped but subsequently approved. Under existing legislation the Conservation Authority has been given the right to acquire land. Specific parcels must, of course, be designated. He outlined the role of the Authority in purchasing land on behalf of other bodies, As an example, he mentioned that in 1972 the Authority purchased a parcel of property near Beamsville for the Bruce Trail Association. In that particular case, the Association was responsible for providing 25% of the cost normally borne by the Conservation Authority. Mr. Ted Wilson outlined the evolution that had taken place recently, stressing the need for close liaison between the Province and affected munici- palities. He pointed out that there are eight Conservation Authorities involved in the Niagara Escarpment between Queenston and Tobermory. In reply to an inquiry, Mr. Leuty confirmed that the Conservation Authority is the only body at the present time that is eligible for the subsidies available; 75% of the cost to be assumed by the Province and 25% by the Authority. He also pointed out that the Conservation Authority continues to pay taxes on any lands acquired. The City Engineer spoke about the possibility of having the Authority purchase lands owned by the H.E.P.C. presently being used by the City in con- Junction with the Sanitary Disposal Area. Mr. Goldring suggested that it would be most helpful if the City of Niagara Falls could, by resolution, request the Authority to purchase land' in the Municipality in conjunction with the preservation of the Escarpment and indicate a priority with respect to the acquisition. The Planning Administrator suggested that the results of the meeting with the Authority be conveyed to the City Council with the request that the Escarpment lands in the Municipality he examined and priority established. In th~s respect, Mr. Wilson confirmed that his Department would prefer a specific outline of what is required, A question was raised regarding the advisability of the Municipality suggesting the acquisition of lands beyond the Municipal boundaries. The proposed Wilderness Park, geographically located in Niagara Township, was used as an example of an area not lying within the Municipal boundariea, The Planning Administrator also expressed his concern that there be close liaison with both the Conservation Authority and Provincial repre- sentatives regarding future use of Escarpment lands. He suggested that this was essential in order that realistic planning can be carried out. - 2- The City Clerk observed that e question may be raised regarding the amount of land to be purchased by the Authority in erie municipality. The Chairman pointed out that it was virtually impossible to have Conservation Authority undertakings spread evenly throughout the entire Conservation area. Mr. Leuty noted that the City of Niagara Falls, in a brief submitted to the Province, had adopted a very reasonable approach regarding the Niagara Escarpment and had not overlooked the necessity for having certain industries, such as pits and quarries, located on the Escarpment. Following considerable discussion, the Chairman thanked the members of the Authority for their attendance and suggested that staff convey the request.of the Authority to the Council Committee session to be held on Monday, September 18, 1972. The meeting adjourned. READ AND ADOPTED, .... Pr szdzng ' , 'r THIRTY-SECOND MEETING Council Chambers, September 25, 1972. [I '1 REGULAR MEETING Council met on Monday, September 25, 1972, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor F. 3. Miller presided as Chairman. Alderman Mann offered the Opening Prayer. All members of Council were present with the exception of Alderman Hunt and Alderman Chessman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the minutes of special meetings held September 5th, 1972 and September 12th, 1972 and the regular meeting of September llth, 1972 be adopted as printed. PRESENTATION Comm. ~145 - Ontario Motor LeaRue - Re: Planned Pedestrian Program Appraisal. Commending the City for their concern for safety of pedestrians and the interest in improving existing conditions. Advising that a plaque will be presented to Mayor Miller and the City Council by the Ontario Motor League on behalf of the Canadian Automobile Asseciation. In accepting the plaque from Mr. Thomas Stevenson, Manager, Ontario Motor League, Mayor Miller expressed appreciation of the special citation and commended the O.M.L. for their pedestrian safety program. DEPUTATION Mr. D. McDonald of the firmof~artin, Sheppard, Clark, McKay and DenOuden requested permission to address Council regarding the proposed passing of a by-law to fezone property located at the south-west corner of St. Paul Ave. and Church's Lane. ORDERED on the motion of Alderman Galloway, seconded by Alderman Bearss that Mr. McDonald be granted permission to address Council. Mr. McDonald distributed recent photographs which, he said, reflected the type of housing which presently exists in the area. Me sug- gested that the proposal to develop fourplex and town housing projects is not consistent with a single family neighbourbood nor the present zoning. Me stated that when the applicant, M. Demote, purchased the property he had full knowledge of the zoning and he had not been able to demonstrate the need formulti-family housing in the St. Paul Ave. - Church's Lane area. The onus, he said, is on Mr. Demote to demonstrate that the interference with the present zoning is warranted and that multi-family housing in the area is Justified. Mr. McDonald said the land in question is approximately one acre and the proposal is for eighteen dwellings, which pointed to the possibility that approximately 30 to 40 children will live in the area. The speaker did not believe that adequate consideration had been given to playground facilities. Mr. McDonald +asked Council to consider the rights of the homeowners and to preserve their privacy and the historical aspects of the area. ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that By-law No. 72-167 and By-law No. 72-168 be moved forward for consideration at this time. By-law No. 72-167 - A By-law to authorize the execution of a site plan agree- ment with H. D~ore Builders Ltd. ORDERED on the motion of Alderman Bearse, seconded by Alderman Martin that Aldermen Schisler be granted the privilege of introducfr~ the By-law and the By-law be given the first reading. Carried Unanimously -2 - In reply to questions by Alderman Puttick, the Planning Administrator pointed out the changes that had been made to the plan since it was initially presented to Council. The ~mendments included sidewalks, landscaping, the reinnation of two buildings and the parking area and the shortening of the driveway to provide more open space. ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE:Aldermen Bearss, Somerville, Galloway, Martin, McKinley, Puttick, Schisler, Thomson. NAYE:Aldermen Mann and Wilson. By-law No. 72-168 - A By-law to amend By-lawNo. 2530, 1960, of the former Township of St-m[ord, now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Schisler that the By-law be now given a second and third reading. The motion Carried with the following vote: AYE: Aldermen Beerag, Somerville, Galloway, Martin, McKinley, Puttick, Schisler, Thomson. NAYE: Aldermen Mann and Wilson. Deputations (Coni'd) It was moved by Alderman Puttick, seconded by Alderman McKinley that Mr. Roy Lewis be granted permission to address Council regarding the supply of water at his residence. The motion was Defeated with the following vote: AYR: Aldermen Beerag, Galloway, McKinley, Puttick, Thomson. NAYE|Alderman Somerville, Mann, Martin, Schisler, Wilson, Mayor Miller. UNFINISHED BUSINESS CANNAI HOLDINGS LTD. Report ~499 -Cttv Manager - Submitting a copy of a decipion of the Ontario Municipal Board on the applications for the approval of Amendment No. 44 to the Official Plan and Restricted Area By-law No. 70-211 respecting Cannel Holdings Limited. The Board's decision provides that the request by Cannai Moldings Ltd. ~ornan adjout'nment be not granted and'that the motion for dismissal of the applications be granted. Alderman Puttick referred to that section of the decision regarding the denial of the motion for costs and asked the City Solicitor to comment. The City Solicitor explained that a motion was made by Mr. Macaulay that the costs of his client and the other parties, Cansdis and Niagara Square, be paid by Cannai Moldings. The Board did not award any costs at the hearing. Mr. Young said that at this'time the City has no costs other than for staff time. Alderman Thomson noted that the Board's decision also Suggests that Council should determine the total acreage that is to be reserved for shopping centre development and asked if there was any indication of what the total acreage should be. The City Solicitor said that as a result of the Board's decision there should be a suggestion made-by staff.to Council as to how to procedd, following which a study should be made of.the points raised by the Board. Me stated that at the present time there are many acres of land in the City which can be used for comm~rcial development without an amendment to the zoning by-law, including industrial zones in which co~ercial uses are per- . mitted, and the Board has suggested,that this particular point be censidered. Alderman Galloway asked if the new zonin8 by-law covered the problem in respect to con~nercial uses in industrial zones and the Planning Administrator replied in the affirmative. ..... Following further discussion, it was moved by Alderman Beerag, seconded by Alderman Thomson that the report of the City Manager be received and filed snd the PlanninS Administrator be directed to provide additional information at the Council C~ittee meetinS of October 2, 1972. The metion Carried Unanimeusly. -3- PORTAGE ROAD BRIDGE Report ~ 500 - City Manager - Re: Portage Road Bridge over Hydro Canal. Recommending that the firm of DeLeuw Cather Co. Ltd. be engaged to perform the necessary design work for the construction of a bridge over the Hydro Canal at Portage Road. During the discussion, it was noted that submissions had also been received from two local firms and several members of Council questioned the reeoramendation. ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that the report of the City Manager be tabled and that municipal officials be directed to prepare a further report outlining in detail the reasons for recommending the firm of DeLeuw Cather Ltd. to do this particular work. The motion Carried ~ith the following vote: AYe: Aldermen Bearss, Somerville, Galloway, Mann, Martin, McKinley, Thomson. ~AY____~E:Aldermen Puttick, Schisler and Wilson. HERITAGE HOMESTEADS Report ~501 - City Manager - Re: Block A, Registered Plan NS15 (Heritage Homesteads). Recommending approval of the necessary changes being made to the Subdividers Agreement to permit B~obk A to be sold to Julius Klein Construction Limited without receiving the letter of intent to commence construction within twelve months. The report advises that only one .lot, Block A, is involved. The lot has been purchased by Mr.3.Klein but due to his own business reasons and the fact that he can only speculate on the possible future of the market for such type of housing, he cannot honestly supply the requested letter of intent. Mr. Klein has indicated that he will commence construction when the market is suitable and the financing of the construction can be property arranged. ORDERED on the motion of Alderman Galloway, seconded by Alderman McKinley that the report be received and adopted. The motion Carried with Alderman Schialer voting contrary and all others in fayour. ' REZONING APPLICATION OF PINGUE PIASTERI~G LTD. Report ~502 - City Clerk - Referring to the rezoning application of Pingue Plastering Ltd. which would permit the construction of a four-unit apartment building west of an existing six-unit building located on the south side of Frontenac Street. Advising that one letter of objection has been received; requesting the direction of Council. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the report of the City Clerk be received and filed and that notwithstanding the · objection received, Council reaffirm the decision to approve the application of Pingue Plastering Ltd. and the objection received be forwarded to the Ontario Municipal Board for consideration. COMMUNICATIONS No. 146 - STAMFORD CHAPTER, I.O.D.E. - Advising that the I.O.D.E. will sponsor a reception for new Canadians who have obtained their Canadian CitizenShip; suggesting that the reception take place in the Council Chambers on Wednesday, November let, 1972, commencing at 7:30 p.m. Following the reception refresh- ments will be served in the City Hall Cafeteria. ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that the communication be received, the arrangements approved and the organization be commended for this worthwhile project. No. 147 - Knights of Columbus - Suggesting that effective and continual use of the organization's playground and sports facilities on McLeod Road will be restricted because of inadequate street lighting;requesting the installs- t~on of lights on this portion of McLeod Road. Mayor Miller suggested that use could be made of the existing poles looated at the entrance to private laneways. He noted that the street lighting schedule approved by Council provides that eight incandescent fixtures on McLeod Road between the Queen Elizabeth Way and Kalar Road be removed and replaced with mercury yapour llghts. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that the communication be received and the lights requested by the Knights of Columbus be installed. The motion Carried with Alderman Wilson votin~ contary and all others in fayour. "' ' -4- Communications (Cont'd) No. 148 - Niagara Regional Board of Conmissioners of Police - Submitting a copy of a letter received from Mr. 3. McMahon, Manager, Greater Niagara Transit Commission regarding sightseeing operations in Niagara Falls and advising that the Licencing Committee has recommended the matter be referred to the City Council. Mr. McMahon's letter describes the Transit Commissionfs tourist bus service and advises that as a result of an extensive transit operation study, consultants recommended that the Transit Commission should have exclusive rights in regard to sightseeing as is done in most Canadian centrag; advising also that the Transit Commission, by resolution, directed that the Regional Police Commission be contacted to ask that a restriction be placed on new sightseeing licences. ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that the con~nunication be received and referred to the City M~nager for a report. REPORTS No. 503 - City Clerk - Report of the Council Committee. 1. V.L.A.(PITTON)SUBDIVISION - Advising that further negotiations were carried out with the developer regarding the acquisition of 22 feet for road widening purposes. Recon~en~ing that the Subdivisions Section, Plan Administration Branch, be requested to amend Item I of the Minister's cond itions dated January 31, 1972, to read: "That sufficient land be dedicated as public highway to widen Kalar Road by 22 feet excepting the frontage of lots that have already been built upon and those vacant lots shown numbered 18, 22, 24, 28, 30, 32 and 41 on the proposed plan". ORDERED on the motion of Alderman Thomson, seconded by Alderman Galloway that the recommendation of the Council Com~ittee be adopted. The motion Carried with Alderman Schia!er voting contrary and all others in layout. 2, RESIGNATION OF ALDERMAN CHARLES CHEESMAN - Advising that a letter was received from Alderman Chessman expressing his desire to resign from the City Council as of the 15th day of September, 1972; recommending that a resolution be passed accepting Alderman Cheesman's resignation with regret. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the recommendation be adopted. 3, ACQUISITION OF NIAGARA ESCARPMENT LANDS - Advising that the Niagara Peninsula Conservation Authority recently met with Council to suggest that priorities be established for the possible purchase of Niagara Escarpment Lands within the Municipality; a report of the Planntn~ Administrator recon~nends that Priority ~l be land north of the railway between.No. 8 Highway, Mewburn Road and the Municipal boqndary; that Priority ~2 be Hydro lands located north.of Mountain Road and west of Dorchester Road presently being used as a landfill site and that Priority ~ 3 be 310 acres located west of the Q.E.W. The report recommends adoption of the priorities outlined in the report of the Planning Administrator. ORDERED on the motion of Alderman Wilson, seconded by Alderman B~arae that tbe.r~commendation of theCounc%l Co~mittee be adopted. 4, GROUND WATER STO~AGE RESERVOIR - KENT AVE. - Further information was provided to members of cquncil regarding a proposal of Regional Niagara to construct a water reservoir on Kent A~e. Recommending that the City of Niagara Falls confirms that all amounts of principal and interest required to retire the debenture debt issued in conjunction with the construction of a ground water storage res~rvoir will be included in the water rates charged to the Corporation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Galloway that the reco~endstion of the Council Committee be adopted. The motion ~ar~ied with Alderman Wilson voting contrary and all others in favour. Resolution No.1 06 Reports (Cont'd) No.504 - City Manager - Referring to Alderman Cheesman's resignationand ,reconnending that Council, by resolution, declare the lldermsnic seat of Alderman Cheeeman to be vacant; reckending further that s special meeting be held irsnediately following the regular meeting of September 25, 1972, for the purpose of considering nominations for appointments to fill the vacancy creatad by the rnsigrmtion o£ Alderman theesmart. Ii -5 - Report #504 (Cont'd) 0RDERED on the motion of Alderman Thomson, seconded by Alderman McKinley that the aldermanic seat of Alderman Charles theeamen be declared vacant. See Resolution No. 107 ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that a special meeting be held immediately following the regular meeting of September 25, 1972, for the purpose of considering nominations for appointments to fill the vacancy created by the resignation of Alderman Charles theeamen. See Resolution No. 108 No. 505 - City Manager - Re: Tourism Advisory Council. Referring to Council's directions regarding the possible appointment of a local representative to the Tourism Advisory Council; commenting on the terms of reference governing the appointments and suggesting if the membership were to be opened to permit additional representatives from Ontario, similar concessions may have to be made to other provinces and would require the approval of federal and provincial ministers responsible for tourism; suggesting that the Hon. John White, Minister of Industry and Tourjam be petitioned to give consideration to the appointment of a representative of the Niagara area tourist industry upon the expiration of the term of one of the present appointees. The report also advises thaU one of the two initial members appointed to represent Ontario will be for a one-year term which, in effect, means that every year one of the provincial appointees on the Advisory Council must seek re-appointment. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and adopted. No. 506 - City Manager - Referring to Council's concern regarding the improper operation of bicycles and suggesting the programs adopted by the Greater Niagara Safety Council and the Niagara Regional Police Force be endorsed; suggesting further that the City request the Ontario Traffic Conference to petition provincial authorities to enact legislation requiring manufacturers to provide safety equipment on all bicycles designed for roadway use; advising that the Niagara Regional Police Force has been instructed to rigidly enforce the pro- visions of The Highway Traffic Act as they apply to bicycles and noting that letters will be sent to parents of juveniles stopped for bicycle infractions. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and adopted and the City Clerk be commended for the clarity of the report which answered the enquiries of the members of Council. No. 507 - City Manager - Re: McLeod Road Storm Sewer, DQrchester Road to the Hydro Canal. Advising that an easement from the Ontario E.E.P.C. is required and the by-law appearing on the agenda indicates certain conditions; recommend- ing execution of the agreement. ORDERED on the motion of Alderman Schisler, seconded by Alderman Galloway that the report be received and adopted. See By-laW No.72-173 No. 508 - City Manager - Re: Your Host Motor Inn, 5551 Murray Street. Advising that an application has been received for a building permit for the construction of a fourth floor over the existing motel and a second level parking a'rea a~Joining the west side of the existing motor inn; recon~ending that inasmuch as the proposed construction complies with the building by-law requirements and the site planning policies, Council approve of the site plan as submitted. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the report be received and adopted. No. 509 - City Manager - Re: Capital Projects. Requesting approval of certain storm.sewer projects, road works and watermains so that the r~quired by-laws can be prepared and submitted to the Ontario Municipal Board for approval; advising that sufficient monies have been included in the capital budget and est4m, tes have been finalfred, ORDERED on the motion of Alderman Martins seconded by Alderman BCarss that the report be received and adopted. -6- Reports (Cone 'd ) No. 510 - City Manager - Resolutions from Ontario Municipalities. 1. City of Chatham - Requesting an amendment to existing legislation to provide for the taxation of municipally-owned property lying in another municipality; reconnnending endorsation of the resolution and notification to those persons or organizations enumerated in the resolution. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the reconmaendation be adopted. 2. City of Waterloo - Requesting specific legislation requiring removal of locks from discarded ice boxes and refrigerators; recommending the resolu- tion be endorsed. ORDERED on the motion of Alderman Wilson, seconded by Aldennan-Thomson that the recommendation be adopted and the resolution endorsed. 3. City of Belleville - Requesting the continuation of grants under The Connnunity Centtea Act for municipalities having a population in excess of 25,000; reconmending the connents included in the report be conveyed to the.Minister of Community and Social Services. ORDERED on the motion of Alderman McKinley, seconded by Alderman Martin that the recommendation be adopted. No. 511 - Recreation Conmission - Reviewing the development of the Greater Niagara Senior Citizens Association and commenting on the increased member- chip and activities; advising that the Association has been approved by the Ontario Ministry of Community and Social Services and is eligible for 50% of the operating expenditures to a maximum of $15,000 per year; advising further that a grant of $6,000 has been received for 1971 and the senior citizens wish to apply this revenue toward the acquisition of an executive secretary; requesting the approval of City Council. ORDERED on the motion of Aldermen Martin, seconded by Alderman Somerville that the report be received and the appointment of an executive secretary forthe Greater Niagara Senior Citizens Aaeociation be approved~ No. 512 - Recreation Commission - Re: Financial Assistance for Young Men's Hockey League. Advising that enquiries were made to the Ontario Athletics Connuissioner, the Youth and Recreation Branch of the Province of Ontario and J.T.Clement,M.L.A.; suggesting if the City was not assisting the League then money should be made available for equipment but pointing out that the Recreation Commision has been paying $20.00 per hour for ice time for all the league's games and noting that every team was able to acquire a sponsor this year. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the report be received and filed and the City Manager be requested to meet with the Recreation Director to discuss the possibility of a local service club assisting the hockey team to obtain equipment. No. 513 - Planning and Development Conmittee - Re: AM-29/72 E.Mocniak, Lots 128 & 129, R.P.235, west side of Drummond Road. A rezoning applica- tion to permit the development of a three floor, nine-unit apartment building; recommending that Council approve the application subject to a site plan and Site Plan Agreement and, further, that Council certify that the application conforms to the Official Plan Amendment No. 28 of the Niagara Palls Planning Area as amended and approved by the Minister of Municipal Affairs. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that Mr. J. R. Shuttier be granted permission to address Council. Mr. Shuttier whose property is directly to the rea~ of the apartment site, expressed his objections to the height of the building which he believedwould be 35 feet if the by-law is approved. Me said he would have no objection to s two-storey building but a higher building would block the sun from his yard and invade the privacy of his home. ORDERED on the motion of Aldennan Beeroe, seconded by Alderman Somerville that Mrs. E, Mocniak be granted permission to address Council. Mrs. Mocniak said the location of the parking lot would resolve Mr. Shuttler~s concern about privacy and she did not believe the · sunlight would be blocked fromhis property. Mrs. Mocniak said it was her intention to abide by the provisions of the existing by-law but she did not want the building height restricted to 25 feet. 1 Report ~513 (Cone'd) - 7- The Planning Administrator stated that although the height restriction is 35 feet it is not likely the building will be more than 24 - 26 feet in height. The City Clerk suggested that the developer submit a site plan for Council's perusal before the by-law is considered. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that the report of the Planning and Development Committee be received and adopted. See Resolution No. 109 No. 514 - Planning & Development Committee - Re: Official Plan Amendment No.62 (AM-18/72 T.J.Hishon). Noting that the application for the construction of a gas bar at the corner of Sherk and Sodom Roads was approved by Council on June 6, 1972; recor~nending the adoption of Official Plan Amendment No. 62 by by-law. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the report be received and adopted. See By-law No. 72-175 No. 515 - Planning & Development Committee - Re: Official Plan of the Thorold Planning Area. Advising that the Plans Administration Branch has requested the comments of the City on the proposed official plan approved by the Council of the Town of Thorold. The report includes the comments of the Committee re~ard- ing the role of Thorold, commercial designations and adjacent land uses and recommends that it be forwarded to the Community Planning Branch with copies to the Regional representatives of Niagara Falls and the Regional Planning Department. ORDERED on the motion of Alderman Galloway, seconded by Alderman Mann that the report be received and adopted. No. 516 - City Manager - Re: Ministry of Transportation & Conmunications Training Courses. Recommending that the City Engineer be authorized to submit applications for two members of staff to attend the Municipal Junior Inspectors Course and two members to each of the Concrete, Asphalt and Soils ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that the report be received and adopted. No. 517 - City Manager - Re: Closed Circuit Television, Inspection of Sewers. Reconmaending that the price quoted by Sanitank Incorporated for the purchase of closed circuit television be accepted. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the report be received and adopted. See Resolution No....llO No. 518 - City Manager - Re: Contract for Storm Sewer Installation - Velley Way Extension and Rapelie Street, Contract ~/S.S.25-72. Recommending that the unit prices received from Damore Brothers Limited be accepted. ORDERED on the motion of Alderman Schisler, seconded by Alderman Bearss that the report be received and adopted. See Resolution No. Ill No. 519 - City Manager - Re: Regional Salt Tender. Advising that the 'lowest tendered price received by Regional Niagara under the co-operative purchasing program will make it possible for the City to purchase salt at $0.82 per ton less than in 1971; recommending that the City forego tendering on salt for this year and accept the lowest price submitted by Iroquois Salt at a cost of $10.68 per net ton delivered. ORDERED on the motion of Alderman Wilson, seconded by Alderman Martin that the report be received and adopted. See Resolution No. 112 No.520 Lottery Licensing Officer - Recommending approval of applications to manage and conduct Raffle Lotteries. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss that the report be received and adopted. No. 521 - City Clerk - Recommending approval of Municipal Licenets. ORDERED on the motion of Alderman McKinley., seconded by Aldeman Martin that - 8- Report No.521 (Cont'd) the report be received and adopted and the licenoes granted. The motion Carried with the following vote: AYE:Aldermen Bearss, Somerville, Galloway, Mann, Martin, McKinley, Puttick, Schisler. NAYE:Aldermen Wilson and Thomson. Report ~522 - See Below PETITION Comm.~149 - A. Terriaca and 15 Others. A petition from residents of North Street requesting an investigation of sewer problems from Stanley and North Street to Temperance and North Streets. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the petition be received and referred to engineering staff for a report. RESOLUTIONS No. 107-THOMSON-McKINLEY- RESOLVED that WHEREAS the members of the City Council meeting in regular sess ion on Monday, September 25, 1972, have by a majority vote, accepted with regret the resignation of Alderman Charles Cheesman; THEREFORE BE IT RESOLVED that the. Council of the Corpora- tion of the City of Niagara Falls hereby declare the aldernmnic seat of Alderman Charles Cheesman to be vacant; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 106 - PUTTICK - GALLOWAY - RESOLVED that WHEREAS the Regional Municipality of Niagara deems it expedient to construct a ground water storage reservoir on part of Lot 88, Registered Plan 876, in the City of Niagara Falls at an estimated cost of $1,320,000.00; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of-Niagara Falls hereby confirms that all amounts of principal and interest and any other amount required to retire the said debentures shall be included in the water rates charged to the Corporation pursuant to Section 34 of The Regional Municipality of Niagara Act,R.S.O.1970, Chapter 406; AND the Seal of the Corporation be hereto affixed· Carried No. 108 - MANN - MARTIN - RESOLVED that a special meeting be held hnmediately following the regular meeting of September 25, 1972, for the purpose of considering nominations for appointments to fill the vacancy created by the resignation of Alderman Charles Chessmen. Carried Unanimously "No. 109 - WILSON - THOMSON - RESOLVED that the C nc~l of the City of ou Niagara Falls hereby certify that the application of E. Mocniak for the rezoning of. Lots 128 and 129, R.P. 235, situated on the west side of Dr-mmond Road, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 110 - MANN - MARTIN - RESOLVED that the contract for the supply of · closed circuit television be awarded to Sanitank Incorporated who submitted the lowest bid in the amount of $3,000; AND the Seal of the Corporation be hereto!affixed. Carried Unanimously No. 111 - SCRISLER - BEARSS - RESOLVED that the contract for Storm Sewer Installation for Valley Way Extension and Rapelie Street, ~S.S.25-72, be awarded to Damore Brothers Limited who submitted the lowest tender; AND the Seal of the Corporation be hereto affixed. Carried Unenimously No. 112 - WILSON - MARTIN - RESOLVED that thelowest price submitted to The~-Regional Municipality of Niagara by Iroquois Salt in the amount of $10.68 per net ton delivered~ be accepted; AND the Seal of the. Corpora- tiun be hereto affixed. Carried Unanimously Report ~522 - Cit Hans er - Recouanending payment of Municipa~ Accounts. ORDERED on the mo{lon o~ Alderman Bearss, seconded by Alderman Somerville that the report be received end adopted. - 9 - Resolutions (Cont'd) No. 113 - GALLOWAY - MANN - RESOLVED that the next regular meeting of the Council of the City of Niagara Falls be held on Tuesday, October 10,1972, commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unani~..ousl7 NOTE: Additional resolution below. NEW BUSINESS SOUND SYSTEM FOR COUNCIL CHAMBERS AND COMMITTEE ROOMS Alderman McKinley spoke about complaints by residents attending Council meetings and Planning & Development Committee meetings regarding their inability to hear the discussions because of poor acoustics in the Council Chambers and Con~nittee Rooms 2 and 3. The Alderman suggested that consideration be given tQ the installation of some type of sound system. The matter was referred to the City Manager. VANDALISM AT WATERS ST. HOUSING PROJECT Alderman Puttick referred to his earlier request for a report regarding the vandalism at the Waters Street Housing Project and the City~ Manager replied that the report will be completed and presented at the next Council meeting. FALLS INDUSTRIAL PARK Alderman Puttick said the Industrial Park is being neglected and industries presently located there have expressed their dissatisfaction and indicated they would not reconmend the area to other industries nor would they attempt to expand their business. The Alderman again suggested that industrial development in the City should be "brought under the wing" of the City Manager and City Council. He asked the City Manager to bring Council up to date on information regarding potential industrial development and to explain recent rumours that the, Industrial Park may be sold to a large firm. In respect to the situation at the Industrial Park, the City Manager explained that only one landlord was involved and he had now agreed to make certain improvements. If the landlord does not co-operate, the City will proceed with the work and bill him for costs. Mr. Price stated there were no answers he could give at this time regarding a major industrial development that "was in the mill" and that the City was at a very delicate stage of negotiations with several industrial firms. He said that he was working closely with the industrial department staff and the members of the Committee and he was confident the department is doing an excellent Job. The Falls Industrial Park is included on the Municipal Tour schedule on September 30th, and members of Council will view the drainage condition at the park as well as the condition of S~anley Street South. These additional problems were brought to Council's attention by Alderman Wilson. CIVIC MONTH Aldermen Thomson advised Council of the progress made for the observance of Civic Month and expressed his satisfaction with the activities planned for the month of October. The total budget of the Civic Month Committee is $800 of which $200 will come from the Chamber of Commerce and $100 from private sources. Alderman Thomson requested Council to approve the-City~s share of $500. It was moved by Alderman Thomson, seconded by Alderman Martin that the Civic Month Committee Budget in the amount .of $800 be approved. The motion parried unanimously. , , ..,~,, Resolution No.l14 - MARTIN - McKINLEy - RESOLVED that a message of congratu- lation be sent to Mr. and Mrs. George Fartell on the occasion of their Sixtieth Wedding Anniversary; AND the Seal of the Corporation be hereto affixed. Carried Unsnimous_/y - 10 - PLANNING AND DEVELOPMENT COMMITTEE MEETINGS Alderman Thomson spoke about comments over the past few years re~arding the afternoon meetings of the Planning & Development Con~ittee. Many residents interested in rezonings and other planning matters are unable to attend the meetings unless they take time off work. The Alderman suggested that the Connittee discuss the feasibility of arranging the times of the meetings to have alternate afternoon and evening seas ions. A report will be prepared. BY-lAWS No.72-167 - A By-law to authorize the execution of a site plan agreement with H.Damore Builders Ltd. (See Page 1) No.72-168 - A By-law to amend By-law No. 2530, 1960 (See Page 2) No. 72-169 - A By-law to amend By-law No. 395, 1966 of the former Township of Willoughby. (J.Christensen, North Side of Weaver Road) ORDERED on the mot ion of Alderman Bearss, seconded by Alderman Martin that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED o~ the motion of AIderman Wilson, seconded by Alderman Thomson that Mr. E.gtewart be granted permission to address Council. Mr. Stewart spoke on behalf of the objectors to the proposed amendment which, if approved, would provide for 100 ft. frontage on three lots and a 94 ft. frontage on the fourth lot. At present the required frontage is 200 feet. Be said that all residents of the area strongly object to the proposal because of serious sanitary and septic tank problems. Mr. Stewart expressed the opinion that the applicant had not been sincere with Council or the area residents and predicted that the proposal would create many additional problems. ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the By-law be tabled for one week for further information. The motion Carried with Alderman Galloway voting contrary and all others in fayour. i No. 72-170 - A By-law to restrict the weight of vehicles passing over a bridge. The By-law was deleted from the agenda and will be re-written. ii By-law No.72-172 (Cont'd) - 11- ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that Alderman Martin be granted the privilege of introducing the By-law and the By-low be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that the By-law be now given a second reading. The motion Carried with the following vote: ~YE: Aldermen Bear,s, Somerville, Mann, Martin McKinley, Schisler, Thomson, Wilson. ' NAYE:Aldermen Puttick and Galloway. No. 72-173 - A By-law to authorize the execution of a grant of easement from The HYdro-Electric Power Commission of Ontario for a storm sewer and outfall. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Corried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Wilson that the By-law be now give a second and third reading. -, Carried Unanimously No. 72-174 - A By-law to authorize the acquisition of land in the block bounded by Huron Street, Ontario Avenue, Morrison Street and Elizabeth Place for redevelopment purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Martin that the By-law be now given a second and third reading. Carried Unanimou..sly No. 72-175 - A By-law to provide for the adoption of an Amendment to the Official Plan (Amendment No. 62) No. 72-171 - A By-law to amend By-law No. 71-124 respecting the con- struction of a storm sewermain crossing the Queen Elizabeth Highway. (Two Readings) ORDERED on the motion of Alderman McKinley, seconded by Alderman Martin that Alderman Thomson be granted the privilege of intro- . ducing the By-law and the By-law be given the first reading. Carried Unanimously ORESRED on the motion of Alderman Thomson, secondeH by Alderman Wilson that the By-law be now given a second reading. Carried Unanimously No. 72-172 - A By-law to authorize the construction of a storm sewermain on Murray Street extended and an outfall to the Niagara River as an extension and improvement to the existing sewage system in the Urban Service Areas of the City. ORDERED on the motion of Alderman Somerville, seconded by Aiderman Wilson that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bear,s, seconded by Alderman Martin that the By-law be now given the second and third reading. Carried Unanimously No. 72-176 - A By-law to amend By-law No. 6661, 1964 with respect to signs in the City of Niagara Falls. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Bears, be granted the privilege of introducing the By-law and the By-law begiven the first reading. Carried Unanimously ORDERED on the motion of Alderman Bear,s, seconded by Alderman Mann that the By-law be now given a seaond and third reading. Carried Unanimously By- laws (Cont 'd ) No. 72-177 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that the By-law .be now given a second and third reading. Carried Unanimously ADJOURNMENT The meeting adjourned to a Special Meeting on the motion of Alderman McKinley, seconded by Alderman Somerville. READ AND ADOPTED, THIRTY-THIRD MEETING SPECIAL MEETING Council Chambers, September 25, 1972. Council met in special session at approximately 10:45 p.m. on Monday, September 25, 1972, for the purpose of filling an Aldermanic vacancy. His Worship Mayor F. J. Miller presided as Chairman. All Members of Council were present with the exception of AIderman Hunt. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that Mr. Eli Jonovich be appointed to fill the Aldermanic vacancy created by the resignation of Charles Cheesman. The motion Carried unanimously. By-law No. 72-178A- A By-law to appoint Eli Jonovich a member of the Council. ORDERED on the motion of Alderman McKinley, seconded by Alderman Mann that Alderman Bearsa be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimqusly ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that,.the By-law be now given a second and third reading. Carried UnanimoUsly The meeting adjourndd on the motion of Alderman Puttick, seconded by Alderman Thomson. READ AND ADOPTED, lark · THIRTY-FOURTH MEETING COMMITTEE OF THE WHOLE Cormnittee Room ~1, October 10, 1972. Council met in Conmittee of the Whole at 7:15 p.m. on Tuesday, October 10, 1972. All Members of Council were present. His Worship Mayor F.J.Miller presided as Chairman. Following consideration of the items presented, it was ORDERED on the motion of Alderman Martin, seconded by Alderman Wilson that the Committee of the Whole arise and not report. READ AND ADOPTED, Mayor '1 REGULAR MEETING Council Chambers, October 10, 1972. Council met on Tuesday, OctQber 10, 1972, at 7:40 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. All Members of Council were present. Alderman Hunt offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the regular meeting and the special meeting held on September 25, 1972, were adopted on the motion of Alde~-nn Wilson,seconded by Alderman Thomson. UNFINISHED BUSINESS APPLICATION OF J. CHRISTENBEN By-law No.72-169 - A by-law to amend By-law No.395 of the former Township of Willoughby, now in the City of Niagara Falls. The by-law was given a first reading on September 25, 1972. Report ~524 - City Manager - Re: AM-16/72 J.Christensen, Pt. Twp.Lot 17, Concession 1, former Township of Willoughby. Referring to the concern expressed By members of Council regarding the comments of the Health Unit on the applica- tion; advising that the Health Unit is notified of all meetings of the Planning and Development Committee and applications before the Committee of Adjustment; advising further that no building permits are issued for rural ereas until approval is received from Health authorities. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that Mrs. D.Christensen be granted permission to address Council. Mrs. Christensen noted that the application had been under con- : sideration for a number of months and had been approved by the Committee of Adjustment and the Health Department. She said that in complying with the .requests of the City, it was necessary to expend approximately $5,000 for surveys, legal fees and other items. Mrs. Christensea asked Council to approve the amendment to the by-law and allow her to proceed with the proposed development. - 2- Christensen Application (Cent'd) ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that By-law No. 72-169 be brought forward at this time. ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that Mr. E. Stewart be granted permission to address Council. Mr. Stewart stated that residents of the area were opposed to the reduced frontages and approval of the by-law would allow all property owners in the former Township of Willonghby to sell lots with 100' frontages. The objectors were also concerned that existing septic tank problems would increase. Mr. Stewart advised that poor drainage in the area caused sewage to discharge into s natural ditch that runs into the Niagara River. He also maintained that the existing roadway could not withstand additional traffic. In reply to a question by Alderman Jonovich,-Mr. Stewart confirmed that.the frontage of his property is~ 120 feet. Alderman Thomson said that Health officials will deal with sewage disposal installations and suggested that the Health Department be asked to prepare a report regarding the septic tank problems to determine what can be done to rectify the situation. The Planning Administrator stated 'that when the application came before the Planning and Development Committee, there were five existing lots. The applicant asked that the zoning be changed to permit all five lots to be built upon but the Committee reconunended four lots rather than five. The Planning Administrator expressed the opinion that existing legislation would not permit this particuhr situation to occur again. By-Law No.72-169 - To amend By-law #395 of the former Township of Willoughby, now in the City of Niagara Falls. ORDERED on the motion of Alderman S~merville, seconded by AldermanMartin that the By-law be now given s second and third reading. The motion Carried w~th Alderman Wilson voting contrary and all others in favour. SELECT COMMITTEE ON THE ONTARIO MUNICIPAL BOARD Report #483 - City Manager - Re: Select Connnittee on tthe Ontario Municipal Board. Advising the City Clerk has prepared a brief for submission to the Select Con~uittee which reflects several areas of concern; recon~nending the brief be endorsed by Council and forwarded to the Committee for consideration. Report #525 - City Manager - Re: Meeting of the Select Committee, October 12, 1972, Sheraton Brock Hotel. Recon~nending that interested members of Council and senior staff involved be invited to attend. ORDERED on the motion of Alderman Thomson, seconded by Alder~mn Mann that the report be received and adopted. PITS & QUARRIES Report #526 - City Manager - Re: Meeting with Mr. Foster, Inspection Branch, Ministry of Natural Resources regarding the City's concern about the licensing of pits .and quarries; advising that at the meeting, Mr. Foster outlined fully the obligation of his Department in meeting the requirements of the Pits & quarries Control Act end confirmed that present legislation does not provide for any consultation between the Prqvince and the municipality; recommending that in order to carry the matter further, City Officials be authorized to request a meeting with the Minister or the Deputy M~ntster and that Mr.John Clement be apprised of the situation and asked to assist in arranging such a meeting.- - 3- Pits and Quarries (Cent'd) Alderman Thomson suggested that because of the lack of concern indicated by the Ministry's representative, consideration should be given to the preparation and circulation of a resolution petitioning for amendments to the Pits and Quarries Control Act. With the support of other municipali- ties, he said, it may be possible to change the Act in order to provide for closer liaison between the province and the municipality when considering matters related to the operation of pits and quarries. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the report of the City Manager be received and adopted. COMMUNICATIONS No. 150 - Greater Niagara Safety Council - Reconmending that in order to safeguard children proceeding to and from school, contracts for construction or repair work within school areas be negotiated to provide that such con- struction be completed during non-school periods such as summer vacation and · other holidays. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the communication be received an~ referred to the Engineering Department:f6r comment and consideration. No. 151 - Town of Fort Erie - Re: Rabies Outbreak and Fox Population. Requesting endorsation of a resolution regarding the re-establishment of Fox Bounties. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the connmunicstion be received and tabled pending e presentation to Council by representatives of the rural areas relative to the possible imposition of a fox bounty. The motion Carried with the following vote: AYE: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, McKinley,Puttick Schisler, Jonovich. NAYE Aldermen Thomson and Wilson. No. 152 - Regional Municipality of Niagara - Notice of Application to the Ontario Municipal Board for approval of a by-law to charge and apportion the capital cost for the year 1972 of various sewage works. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the communication be received and filed and the City file no objections to the by-law. The motion Carried with Alderman Puttick voting contrary and all others in favour. ' ' EPORTS No. 527 - City Manager - Review of 1972 Civic Operations to August 31st. Members of Council rs.ised numerous questions and additional infor- mation and clarification was provided by the City Manager and the Deputy Treasurer regarding accident statistics, agreement with Niagara Falls Fire- fighters, Regional tax levy, tax arrears, tax credits and bank interest. ORDERED on the motion of Alderman Bearss, seconded by Alderman Martin that the report of the City Manager be received and filed and members of s~aff be commeuded for the preparation of the report. No. 528 - City Clerk - Report of the Council Comitteg. 1. O.M.B.DECISIONRE: CANNAI HOLDINGS LIMITED - A communication was received from the firm of Weir and Foulds requesting permission to meet with Council in Committee of the Whole to discuss the decision of the O.M.B. relative to the CsnnaI application; recommending the request be. granted end representa- ~ves of the legal firm be inyited to meet with the City Council at the regular meeting to be held on October 23, 1972. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the recommendation of the Council Con~ittee be adopted. 2. COMMUNICATION FROM R.LEWIS RE: WATER CONNECTION CHARGE ' ORDERED on the motion of Alderman Galloway, seconded by Alderman Bearss that -4- Report of the Council Conmaittee (Cant'd) Mr. Lewis be notified that the $150.00 connection charge is a requirement of the Municipality as confirmed by by-law and he be required to pay the standard charge when connecting to the Municipal watermain. 3. CASH PAYMENT IN LIEU OF PARKING SPACES - S.GIZZIE ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that an agreement to make a cash payment in lieu of providing the required number of parking spaces be approved providing Mr. Gizzie is willing to pay an amount of $4,500.00. The motion Carried with Alderman Thomson voting contrary and all others in favour. 4. Y.W.C.A. FUN-D-ATHON - OCTOBER 14, 1972 - Reconnnending that the request to conduct a Fun-D-Athon be granted subject to approval of Regional Niagara for the use of Regional roads. ORDERED on the motion of Alderman Thomson, seconded by Alderman .Martin that the recommendation of the Council Committee be adopted. 5. FIRE PREVENTION WEEK - Recommending that theweek of October 9th to 14th, 1972 be proclaimed as Fire Prevention Week in the City of Niagara Falls. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that the recommendation be adopted. 6. RELOCATION OF BUILDING -A conmunication was received from Alderman Hunt requesting, on behalf of the Willoughby Historical Society, permission to locate a historical dwelling a~ Centennial Park; recon~nending that the request be approved providing the building is to be used only for historical purposes and may not be inhabited at any time; reconmnending also that the location of the building be acceptable to the Building Inspector.' ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the recommendation of the Council Committee be adopted. REPORTS (Cant'd) No. 529 - City Manager - Re: Proposed Plan of Subdivision, George Schneider Construction Ca.Ltd., South of Stamford Green Drive at St. George Avenue. Recommending preliminary approval of the proposed plan subject to five con- ditions enumerated in the report. ORDERED on the motinn of Alderman Puttick, seconded by Alderman Hunt that the report be received and adopted. No. 530 - City Manager - Re: Draft Plan of Subdivision, Samuel Roy Enterprises - Wade Construction Ltd,, south of McLeod~ Road, West S ida of Dorchester Road. Recon~mending preliminary approval subject to nine condi- tions enumerated in the report. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the report be received and adopted. No. 531 - Planning and Development Committee - Re: AM-24/72 O.Burton, Pt. Lot 3, Concession 2, east side of Sodom Road. An application to permit construction of a service station and restaurant; recommending approval of the plan subject to a site plan and Site Plan Agreement and Health Unit approval; reco~anending further that Council certify that the applica~ tion conforms to the Official Plan Amendment No. 29 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the report be received and adopted. The motion ~.aFr.t~d. with the .following vote: AYE: Aldermen Gslloways Mann, Martin, McKlnley~ Puttick,Sch%sler,Jonovich, Themson~ Wilson. .NAYE:Aldermen Hunt~ Hearss, Semerville. See Resolution No.115 No. 532 * Planning & Development Cor~ittee - Re: Signs in Plans of Sub- division. Recon~ending that all subdivision agreements entered into by the Municipality after January let contain a clause requiring that signs be posted at major entrances of subdivision indicating the land uses permitted, prior to the issuance of any building permits. - 5 - Report #532 (Cant'd) ORDERED on the motion of Alderman Mann, seconded by Alderman b~rtin that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in favour. No. 533 - City Manager - Re: Ohtario Housing Corporation Family Units. Reconnending approval of the request of Ontario Housing Corporation to call tenders for 78 family units subject to (a) preference being given to proposals outside the vicinity of existing O.H.C. family accommodation; (b) not more than 25 to 30 units Qn one site and (c) some semi-detached dwelling units be considered to increase the variety of accommodation available. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 534 - City Manager - Re: Industrial Expansion. Submitting a summary of industrial development including the number of permits issued for new con- struction, additions and alterations in the years 1969, 1970, 1971 and nine months of 1972; noting that 12 new firms have been established in the City during the past year and commenting on major new construction projects and expansions to existing industries. · ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report of the City Manager be received and filed. No. 535 - City Manager - Re: Downtown Business Improvement Area. Recommending the passing of a by-law to establish a Board of Management and the Downtown Business Association be requested to make recommendations respecting their appointments to the Board; advising that it will be necessary for Council to des ignate two of its members as appointees. ORDERED on the motion of Alderman Bearss, seconded by Alderman Thomson that the report be received and adopted. See By-law No...72-179 No. 536 - City Manager - Re: Main and Ferry Improvement Area. Advising that notification of the proposal was mailed to businesses in the area by the Main and Ferry Business Association and no contrary comments were received; recommending that the by-law designating lands in the Main and Ferry Street area as an improvement .area be given two readings and circulated to property owners in the area who are to be specially assessed. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the report be received and.adopted. See By-law No. 72-180 No. 537 - City Manager - Re: Ontario Rydro Lands, Part of Lots 9 and 10,WRBF Concession, Twp.of Willoughby now in the City of Niagara Falls (Grassy Brook Area). Outlining the conditions under which the Hydro Conm~ission will sell the land and noting the cost to the City would total $10,050 for the 40.20 acre parcel and $1,630 for the 3.26 acre parcel of land; recommending the purchase of the property and approval of the conditions of sale set out by the Ontario Hydro Conmission. ORDERED on the motion of Alderman Puttick, seconded by Alderman Mann that the report of the City Manager be received and adopted. Note: Alderman Mann retired from.the Council Chambers. No. 538 - City Manager - Referring to a request for the establishment of a community park in the Crowland district; advising that residents of the area have agreed the site of a future park and possibly a community centre would be best located adjacent to Fire Station No.6 and would use land not required by the Fire Station and additional property adjacent to the site; recommending tile purchase of the additional five-acre site at a total cost of $5,750 and the City Solicitor be authorized to proceed with the necessary legal work. The Crowland residents will prepare a long range program of priorities for facili- ties needed and the City will be required to place funds in the annual operating budgets to assist in the development of the park area over a period of years. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that the report be received and adopted. The motion Carried with the following vote: A__~: Aldermen Bearas, Somerville, Galloway, Hunt', Mann, Martin, McKinley,Schisler, Jonovich, Thomson. · ..NA.YMtAldermen Wilson and Puttick. - 6 - NOTE: Alderman Mann returned tOtfie'Council Chambers. Reports (Cant'd) No. 538 - City Manager - Re: 1972 Local Improvement Program. Sufficiently signed petitions have been received objecting to proposed sidewalk con- struction on Dorchester Road from the south limit of R.P.61 to the north lhnit of Plan 244 and on both sides of Longhurst Ave. from Sheldon St. to Crawford St. The report recommends the items be deleted from the by-law and application be made to the O.M.B. for approval of the remaining work. ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the report of the City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Somerville, Galloway, Hunt, Mann, Martin, McKinley, Puttick, Schisler, Thomson, Wilson. NAYE:Aldermen Bearss and Jonovich. No. 539 - City Manager - Re: Parking Prohibitions and Regulations. As a result of requests from adjacent property owners and from the Police Department, the Municipal Parking Committee has agreed to the prohibition of parking at all tiraes (1)on the west side of McDonald Avenue from Centre St. to Lorne St.; (2) the west side of Ellen Ave. from Centre St. 115' southerly; (3) the south side of Prospect Street from Portage Road 590' westerly; (4) the eouth side of North St. from Temperance Ave. to Gladstone Ave.; (5) both sides of North St. from Portage Road 250' westerly and (6) prohibition of parking between 8:00 a.m. and 6:00 p.m. on the north side of Prospect St. from Portage Rd. 590' westerly. The report .recommends the preparation of the necessary by-laws. ORDERED on the motion of Alderman Schisler, seconded by Alderraan Jonovich that the report of the City Manger be received and adopted. No. 540 - City Manager - Re: Service Station at the north-east corner of Lundy's Lane and Kalar Road. The plans submitted with the application for a building permit indicated the property would be completely paved and sodded with:a five foot high ranch style wooden fence along the north and east boundaries. The application for a licenee to sell gasoline.has been refused because the property has not been completed in accordance with the plans submitted. The report reconnends denial of the applicant's request to not complete the paving until June 15, 197~ and that the licence be not approved until the site is completed. It was noted that the applicant is operating the service station illegally at the present time and appropriate steps will be taken by City staff. ORDERED on the motion of Alderman Mann, seconded by Alderman Galloway that the report of the City Manager be received and adopted. No. 541 - City Manager - Referring to the suggestian~of the Greater Niagara Transit Cu~lssion that the Niagara Region Board of Commissioners of Police restrict the number of sightseeing licences issued for the City;commenting on the proposal and suggesting any method by which the annuel operating deficit of the Transit Commission can he reduced is of mutual benefit to all residents of the Municipality. The report suggests ~t would seem to be in the best interest of sightseeing operators to prevent unrestricted or indiscriminate granting of new licenoes and s better approach to the problem would be to strictly enforce the existing regulations as they pertain to sightseeing operations. This would have the effect of limiting the number of operators as many businesses base their operation on roadway solicitation contralto a Regional by-law. The report suggests that the comments contained'therein be forwarded to the Board of Commissioners of Police for consideration. Alderman Galloway said the report does not answer the question directly and the matter should be given further consideration. He suggested statistical infornmtion as to the number of sightseeing licences in existence should be made available to Council as well as the opinion of the City Solicitor about the legality of the Police Gnumission restricting the Issuance of licehess. Alderman Mann reiterated hls concern about restricting licehess and suggested such action would be discriminatory and unfair to local sightseeing operators. Alderman Thomson suggested that the comments of the Sightseeing Association should be obtained. He also tomanted on the affect on local business if the solicting by-law was en£orced. Alderman Puttick noted that the suggestion of the Transit - 7- Report ~541 (Cant'd) Commission is the result of a transit operational study and the recommendation of the consultants that the Commission should have exclusive rights regarding sightseeing operations. The Alderman also noted that excerpts had been taken from the study which had not as yet been presented to Council. Mayor Miller explained that the Trans it Commission is working from a draft form of the study but it has not been formally presented and approved by the Commiss ion. ORDERED on the motion of Alderman Schisler, seconded by Alderrash Bearss that the report of the City Manager be received and tabled for one month for further consideration. No. 542 - City Manager - Re: Vandalism at Westfield Court. The information presented to Council was discussed with representatives of the Niagara Falls Housing Authority, the Parks Department and the Director of Recreation. The Parks Department staff confirmed that vandalism in the area is relatively equal to damage caused at other parks and the main problem is littering and broken bottles. As a result of enquiries it has been determined that the individuals responsible for the vandalism live elsewhere. The report suggests the work of the Westfield Court Club should benencouraged and supported and also suggests that further complaints be directed to the Court Club. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and filed and a copy be sent to the Manager of the Niagara Falls Housing Authority. No. 543 - City Manager - Re: W-5-1 Watercourse and Culvert on Montrose Road. Recommending acceptance of the lowest tender price submitted by Provincial Grading and Excavating Ltd. in the amount of $146,617.90. · ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson that the report be received and adopted. ' See Resolution No. 116 No. 544 - City Manager ~ Re: Quotations for Snow Fence. Recommending that the lowest bid for snow fence in the amount of $1,704.30 submitted by Lennox Snow Fence Co. be accepted and the contract for the supply of snow fence posts be awarded to Lundy Fence Co. at the tendered price of $1,345.03. ORDERED on the motion of Alderman Mann, seconded by Alderman-Hunt that the report be received and adopted. See Resolution No. 117 No. 545 - City Clerk - The report recormnends that the Royal Canadian Legion be granted permission to sell poppies on Thursday, Friday and Saturday, November 2,3 and 4th and the wee~ of November 5th be proclaimed as Remembrance Week. It is also recommended that the Royal Canadieu Sea Cadets be granted permission to hold a door-to-door sale of potato chips the week of October 16, 1972. The advisory report also includes reports regarding voting time for the federal election; information regarding new election procedures and coranents regarding the delay in recommendations relative to tenders received for new equipment. Council was also advised of an invitation from the Royal Canadian Legion to attend the dedication of a new War Memorial on October 29th and were provided with a copy of a letter of appreciation 'from former Alderman, Charles Cheesman. ORDERED on the motion of Alderman Benrag, seconded by Alderman Wilson that the report of the City Clerk be received and filed and the recommendations contained therein be adopted; and, further, that the request of Alpha Chapter of There Kappa Sigma Sorority for permission to hold the annual'Tape-athon be approved. The event is scheduled for October 14tb. No. 546 - City Manager - Re: Fell Rubbish Collection. Recommending that the Fall rubbish collection be conducted during the two-week period from October 23rd to November 3, 197Z and that suitable advertiaemente be placed in both the press end radio media. ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the report be received and adopted. - 8- Reports (Cont'd) No. 547 - City Manager - Re: Monthly meetings of the Board of Director, Chamber of Commerce. Requesting that Council indicate representatives for the October, November and December meetings. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the report be received and filed and Council be represented at the October meeting of the Chamber Board by Alderman Jonovich; the November meeting by Alderman Thomson and the December meeting by Alderman Wilson. No. 548 - City Manager - Recommending that Mr.John Smyth, Purchasing Agent, be permitted to attend the Fall Workshop of the Ontario Chapter Municipal Purchasers, Toronto, November 2nd and 3rd, 1972. ORDERED on the motion 'of Alderman Mann, seconded by Aldermen Hunt that the report be received and adopted. No. 549 - Lottery Licensing Officer - Reconnnending approval of applications to manage and conduct lotteries. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the report be received and adopted. No. 550 - City Manager - Building Permits issued during the month of · September 1972. ORDERED on the motion of Alderman Wilson, seconded by Alderman Jonovich that the report be received and filed. No. 551 - City Clerk -Recommendin g approval of municipal licences. ORDERED on the motion of Aldermen Hunt, seconded by Aldermen Somerville that the report be received and adopted and licences granted. No. 552 - City Manager - Reconmending payment of municipal accounts. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that the report be received and adopted. Aldermen Wilson wished to be recorded as opposing the issuance of three cheques, Nos. 7413, 7414 and 7583 being payments to CustomWeed Control. The motion to adopt the report Carried with Alderman Wilson voting contrary and all others in favour. RESOLUTIONS No. 115 - WILSON - MANN - RESOLVED that the Council of the City of Niagara Falls certify that the application of O. Burton for the rezoning of Pt.Twp. Lot 3, Concession 2, situated on the east side of Sodom Road, conforms to the Official Plan Amendment No. 29 of the Niagara Falls Planning Area as amended and approv~d by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. The motion Carried with the following vote: AYE: Aldermen Galloway, Mann, Martin, McKinley, Puttick, Schisler, Jonovich, Thomson, Wilson. NAYE:Aldermen Hunt, Bearss, Somerville. No. 116 - MANN - THOMSON - RESOLVED that the contract for the construction of the W-5-1 Watercourse and Culvert on Montrose Road be awarded to Provincial Grading and Excavating Limited at the tendered amount of $146,617.90; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 117 - MANN - HUNT - RESOLVED that the contract for the supply of snow fence be awarded to Lennox Snow Fence Co. who submitted the lowest bid of $1,704.30; further, that the contract for the supply of snow fence posts be awarded to Lundy Fence Company who submitted the lowest bid in the amount of $1,345.03; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 118 - GALLOWAY - SCHISLER - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the City of Niagara Falls hereby requests and allocation of subsidy monies for public · transporation in the amount of $90,000; AND the Seal of the Corporation be hereto affixed. Carried Unanimously '1 - 9 - NEW BUSINESS REGION NIAGARA - CALENDAR OF COMING EVENTS Alderman Thomson referred to a Calendar of Events distributed by the Niagara Region Tourist Council which listed activities in all area munici- palities throughout the Region during the period September to December 1972. The brochure indicated only three attractions for the City of Niagara Falls, two of which were over before the brochure was available. On the other hand, 65 events are listed for the City of St.Catharines for the three month period. Alderman Thomson suggested the matter should be investigated to determine who was responsible for listing such a few events for the City of Niagara Falls. BUILDING PERMITS Severs 1 complaints have been received by Alderman Thomson regarding the delay in the issuance of Ordinary building permits. The workload, he said, was understandable in view of the number of applications but he recalled that during budget discussions Council had authorized the hiring of an additional employee for the Building Department. The Alderman said it was not his intention to criticize the Department but he considered it was 'false economy' to postpone the hiring of additional staff where needed. The City Manager ~ explained there had been some uncertainty about the proposed provincial takeover of construction safety responsibilities and the City's safety inspectors had indicated they would prefer to remain with the City. It would then become necessary to absorb the two employees. It is now expected that the proposed legislation will be amended and the City is now in a position where an additional employee can be hired for the Building Department. KLYDEL HOLDINGS - PITTON SUBDIVISION Alderman Thomson referred to a by-law appearing on the agenda authorizing the execution of an agreement with Klydel Holdings and which permitted the developer to be responsible for the installation of underground services in the Pitton Subdivision, The Alderman said, according to the terms of the agreement, the developer will hire a contractor of his own choice thereby possibly eliminating public tendering and the opportunity for local contractors to bid on the job. In addition, the City will lose the control provided by established policy and assure~ that 60% of the labour force for such contracts will be employed locally. The City will also lose control of the scheduling of the installations. While admitting that Council had approved the request of the developer in an attempt to solve sanitary and other problems in the subdivision, Alderman Thomson expressed concern that a precedent may have been established. Alderman Puttick noted the developer will provide the'underground services as well as curbs and sidewalks along a portion of the westerly boundary of Westlane School at no cost to the City. The City Clerk suggested if members of Council are not in fayour of the agreement as written, ~he by-law could be deleted from the agenda, the comments of Council noted and the agreement amended accordingly. He suggested 'the matter be discussed fully at the next meeting of the Council Committee and that representatives of Klydel Holdings be present to provide additional information. COMMENDATION FOR LOCAL FIREFIGHTER At the suggestion of Alderman Hunt, a letter of coEnnendation will be forwarded to a City fireman, Fred Philp, who was credited with preventing extensive fire damage at the Holiday Inn, Ottawa. COMMENTS OF ALDERMAN HUNT Alderman Hunt suggested that if a furrow was ploughed behind homes on Lyons Creek Road, the sewage problem would be decreased until such time as a new sewer system is installed. The matter will be discussed at a s~aff meeting. Alderman Hunt suggested that sidewalks were required on Lyons' Creek Road in view of the fact that 29 children walk ..' to the Chippaws school. Residents of the area have also requested the installation of three or four street lights on Lyon'e Creek Road. ....... 10o - 10 - Alderman Hunt said that recent rumours indicated that considera- tion was being given to the expansion of the Stamford Arena and noted that $50,000 had been allocated for recreation facilities in the Willoughby and Chippaws areas. He suggested that these funds should not be 'carried over'. The City Manager said it is the hope of staff members that the money will be allocated before the end of the year. Alderman Hunt was critical of a recent headline which indicated that "after 60 years the Kimberley-Clark was cleaning up pollution". The Alder~mn suggested the newstory was unfair to an industry that had spent many thousands of dollars on pollution control over a period of 15 years. WATER METERS Alderman Puttick requested that a letter received by him be duplicated for all members of Council. The letter dealt with the City's by-law which requires the installation of water meters in private homes when they are converted to apartments. The Alderman asked that considera- tion be given to some method whereby retired persons who convert part of their homes for apartments to supplement their income, will not have to pay additional water charges. -The matter was referred to the City Clerk. SECURITY AT CITY HALL Alderman McKinley expressed concern about the security at City Hall and advised that it has been brought to his attention that the rear door does not function property; that City officials returning to the building after regular hougsddo not always sign the register and there appears to be no record to indicate if keys held by former employees are returned. The Alderman asked the City Manager to prepare a report. TRAFFIC MATTERS Alderman Martin noted that the traffic light at the intersection of O'Neil and St.Patrick has been authorized by the Regional Council but has not yet been installed. He also suggested that consideration be given to t~e installation of a delayed green light at the intersection of Drummond Ro~d and Portage Road. BY-LAWS By-law No.72-169 - A By-law to amend By-law No. 395 of the former Township of Willoughby, now in the City of Niagara Falls (J. Christensen) (See Page 1) No. 72-178 - A By-law to authorize a subdivision agreement with Klydel Holdings Incorporated. (Pitton Subdivision) ORDERED on the motion of Alderman Bearss, seconded by Alderman Thomson that By-law 72-178 be deleted from the agenda and the matter be discussed at the next meeting of the Council Committee. The motion Carried with the following vote: ~Y~: Aldermen Bearss, Somerville, Galloway, Hunt, Mann, Martin, McKinley, Jonovich, Thomson, Wilson. NAYE: Aldermen Puttick and 8chisler. No. 72-179 - A By-law to establish a Board of Management for the Doomtown Business Improvement Area. ORDERED on the motion of Alderman McKinley, seconded by Aldermen Bearss that Alderman Jonovich be granted the privilege of intro- ducing the By-law and, the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldernmn Jonovich, seconded by Alderman Wilson that the By-l~wbe now given a second and third reading. Carried Unanimously - 11- No.-72-180 - A By-law to designate a certain area as an improvement area. (Two Readings Only) ORDERED on the motion of Alderman Bearss, seconded by Alderman Mann that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried UnanimouslZ ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the By-law be given a second reading. Carried Unanimously No. 72-181 - A By-law to authorize the construction of improvements and extensions to the sewage system in the Urban Service Areas of the City. (Two Readings Only) ORDERED on the motion of Alderman McKinley, seconded by Alderman Somerville that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the By-law be now given the second reading. Carried Unanimously No. 72-182 - A By-law to authorize the execution of an agreement with Acres Consulting ~ervices Limited respecting a transit study. ORDERED on the motion of Alderman Martin, seconded by Alderman Schisler that Alderman Thomson be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried UnanimouslF ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the By-law be now given a second and third read ing. ...... ". . Carried Unanimously No. 72-183 - A By-law to authorize the execution of an agreement with Provincial Grading & Excavating Limited for the deepening and improvement of the W-5-1 watercourse from Kalar Road to the M.T.C. right-of-way including the installation of a new culvert at Montrose Road. ORDERED on the motion of Alderman Schisler, seconded by Alderman McKinley that Alderman Jonovich be granted the privilege of introducing the By-law and the By-law be given the first reading. Csrried Unanimously ORDERED on the motion of Alderman Jonovich, seconded by Alderman Martin that the By-law be now given a second and third reading. Carried Unantmousl~ No. 72-184 - A By-law to authorize the execution of an agreement with Damore Brag.Limited for the construction of storm sewers. ORDERED on the motion of Alderman Martin, seconded by Aldermen Wilson that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. · Garr~ed Unan.~.ensl~ ORDERED on the motion of Alderman Hunt, seconded by Alderman Bearss that the By-law be now given s second and third reading. Carried Unanimously - B~-lawp (Cont'd) No. 72-185 - A By-law restricting the weight of Vehicles Passing over a Bridge. ORDERED on the motinn of Alderman Martin, seconded by Alderman Hant that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously No. 72-186 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that Alderman Schisler be granted the privilege of introducing the By-law and the By-law be given the first reading. The motion Carried with Alderman Wilson voting contrary and all others in favour. ORDERED on the motion of Aldermsn Schisler, seconded by Alderman Mann that the By-law be now given a second and third reading. The motion Carried wi~nAlderman Wilson voting contrary and all others in fayour. ADJOURNMENT The meeting adjourned at approximately 10:30 p.m. on the motion of Alderman McKinley, seconded by Alderman Hunt. THIRTY-FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1, October 23, 1972. Council met in Conmittee of the Whole at 7:10 p.m. on Monday, October 23, 1972. All Members of Council were present with the exception of Aldermen Somerville, Jonovich and Wilson. His Worship Mayor Miller presided as Chairman. Following consideration of the items presented, it was ORDERED on the motion of Alderman Martin, seconded by Alderman McKinley that the Committee of the Whole arise and not report. READ AND ADOPTED, Mayor READ AND ADOPTED, REGULAR MEETING Council Chsmbers, October 23, 1972. Council met on Monday, October 23, 1972 at 7:30 p.m. for t~ purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Galloway offered the Opening Prayer. All members of Council were present with the exception of Aldermen Somerville and Jonovich. ADOPTION OF MINUTES The minutes of the regular meeting held on October 10, 1972 were adopted on the motion of Alderman Thomson, seconded by Alderman Mann. FELCOME His Worship Mayor Miller welcomed members of the National Secretaries Association, Horseshoe Falls Chapter and representsrives of the Niagara Falls Horticultural Society who were in the Council Chambers as observers and as part of the Civic Month activities. PRESENTATION Mr. Gordon Paul congratulated His Worship Mayor Miller and Alderman Doug Mann upon winning the International Dart Tournament and returning the trophy to Canada for the first time since 1967. The trophy was presented by Mr. Donald Rea, President, Niagara Promotion Association. DEPUTATIONS Mr. A. A. MacBain requested permission to address Council on behalf of local contracting firms re6arding a proposed by-law and the City's subdivision policy. ORDERED on the motion of Alderman Hunt, seconded by Alderman Bearss that Mr. MacMain be .granted permission to address Council. - 2- Deputations (Coot'd) As solicitor for Provincial Grading, Kerrio-Germano and Damore Brothers, Mr. MacBain referred to the City's declaration of policy with respect to subdivisions which requires that there be a $400 per lot Expansion and Renewal fee and provides that the subdivider shall pay to the Corporation an estimated amount for all services to be installed by the City in the subdivision. In the proposed Klydel agreement, he said, certain works are to be tendered by the City ~uch ss construction of the pumping station and forcemain, sidewalks, curbs and gutters, etc. The subdivider will be allowed to arrange for himself the important services such as sewermains, watermains, water service, etc. Mr. MacBain submitted that Klydel had received certain financial concessions and had been generously treated. The subdivider realized a savings of approximately $115,200 because the normal expansion and renewal fee of $400 per lot was waived; the Kalsr Rd. widening was not completed resulting in additional savings of $5,000 to $10,000 and the pumping station and forcemain was not fully paid for by the subdivider. The speaker s~id that'because of these concessions, there is no need for the City to amend its present policy; his clients take issue with the City permitting the sub- divider in this particular case to arrange for his own services; and the declaration of policy has kept the City .reaaonsbly free from problems between the subdivider, the City and the purchasers of lots. Mr. MacBain maintained that an amendment to established policy would be unfair to local contractors; local labour will be ignored; service costs will be increased possibly and it will not be possible to convince developers with new subdivisions that they are being treated fairly if they are not allowed to similarly arrange their own contracts for the main services. ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that the by-law, No. 72-178, be brought forward for consideration at this time. The motion Carried with Alderman Wilson voting contrary and all others in favour. By-law No.72-178 - A By-law to authorize a subdivision agreement with Klydel Holdings Inc. QRDERED on the motion of Alderman Bearss, seconded by Alderman Thomson that Alderman Wilson be granted the privilege of int.roducing the By-law and the By-law be given the first reading. The motion Carried with the following vote: AYE: Aldermen Bearss, Mann, Martin, McKinley, Puttick, Schisler. NA"~E:Aldermen Galloway, Hunt, Thomson, Wilson. ORDERED eD the motion of Alderman Wilson, ~seconded by Alderman Bearss that the By-law be now given a second and third reading. The motion was Defeated with the following vote: AYE: Aldermen Boarag, Mann, Puttick, Schisler. NAYE:Aldermen Galloway, Hunt, Martin, McKinley, Thomson, Wilson. Mr. Zenon Bril requested permission to address Council regarding distribution of property taxes. ORDERED on the motion of Alderman Mann, seconded by Aldernmn Wilson that Mr. Bril be granted permission to address Council. MAr. Bril was critical of the Niagara Falls Minor Hockey Association and the method esed in the trials for minor hockey in which his son was unfairly eliminated. He expressed the opinion that local arenas are private clubs and indicated he wished to withdraw his property tax support of municipally owned arenas. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the matter be referred to the City Clerk. - 3 - UNFINISHED BUSINESS PORTAGE ROAD BRIDGE Report #500 - City ~nager - Re: Portage Road Bridge over Hydro Canal. Recon~nending the firm of DeLeuw Cather Co. Ltd. be engaged to perform the necessary design work for .the construction of a bridge over the Hydro Canal at Portage Road. Report #553 - City Manager - Submitting a summary of consultants' submissions for the Portage Road Bridge over the H.E.P.C.Csnal indicating experience and qualifications of various firms; also submitting the entire proposals of the firms of W.P.London & Associates, DeLeuw Cather Co., Acres Consulting Services and P.J.Jorgensen, Consulting Engineer; reiterating an earlier recommenda- tion that DeLeuw Cather Ltd. be engaged by the City to perform design and supervision work for the Portage Road bridge. Comm. #153 - W.P.London and Associates Ltd. - Connnents re: Policy for the employment of local engineering firms. It was moved by Alderman Bearss, seconded by Alderman Hunt that the communication from W.P.London and Associates be received and filed and the report of the City Manager be received and adopted and the firm of DeLeuw Cather Ltd. be engaged to perform design and supervision work for the Portage Road Bridge. The motion was Defeated with the following vote: ' ~YE: Aldermen Boarag, Hunt, Schisler. NAYE:Aldermen Galloway, Mann, Martin, McKinley, Puttick, Thomson, Wilson. It was then moved by Alderman Puttick, seconded by Alderman McKinley that the submission by W.P.London & Associates for the design of the Portage Road Bridge be accepted. The motion was Defeated with the following vote:- -- ~YE:Aldermen McKinley, Puttick and Thomson. .NAYE:Aldermen Boarag, Galloway, Hunt, Mann, Martin, Schisler, Wilson~ ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the communication from W.P.London and Associates Ltd. be received and filed and the firm of Acres Consulting Services be engaged by the City to perform design and supervision work for the Portage Road Bridge over the Hydro Canal. The motion .Carried with the following vote: AYE Aldermen Galloway, Mann, Martin, McKinley, Puttick, Schisler, ~AYE Aldermen Boarag, Hunt, Thomson, Wilson. ~OTE: Alderman Puttick retired from the Council Chambers. VIC'S GAS BAR - 7209 LUNDY'S LANE Report #540 - City Manager - Re: Service Station at the north-east corner of Londy's Lane and Kalar Road. Reconmaending denial of the applicant's request to not complete the paving until June 15, 1973 and the licenee be not approved until the site is completed in accordance with plans submitted. Report ~554 - City Manager - Advising that Mr. D'Angelo has now sodded.the site of Vic's Gas Bar, 7209 Lundy's Lane and erected a fence in accordance with the approved plan; reconnnending that inasmuch as Mr.D'Angelo has now taken action toward the-completion of his development, the licenee to operate the service station be approved subject to the lot being paved before June 15, 1973. Alderman Thomson suggested that consideration be given to adopting a policy in respect to the asphalting of service station sites which would be applicable to. all applications. ORDERED on the motion of Alderman Schisler, seconded by Alderman Galloway that the report of the City Manager be received and adopted. The motion Carried with Alderman Wilson voting contrary and all others in fayour. ' COMMUNICATIONS No. 154 - United Brotherhood of Carpenters & Joiners of America - Referring to a resolution of Council respecting a proposal that safety inspectors come under the Jurisdiction of the provincial government; suggesting the best interest of the construction industry would be better served if safety inspec- tors were under provincial Jurisdiction; requesting Council to review their previous decision. -4- Communications (Cont'd) Alderman Hunt and Alderman Thomson commented on the fact that the communication indicated the service received from the Niagara Falls safety inspectors was not satisfactory but provided no explanation for the statement. Alderman ThoBson suggested that City officials determine what specific instances are referred to. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the communication be received and referred to the Task Force appointed to consider revisions to The Construction Safety Act and The Excavators' Protection Act. REPORTS No. 555 - City Clerk - Report of the Council Committee. 1. AGREEMENT FOR SERVICES FOR NEW INDUSTRY -Negotistions have been carried out with Chemacryl Plastics Ltd. relative to proposed construction of plant facilities on the east side of Dorchester Road, south of Oldfield Road; recommending the installation of a 12" watermain on Dorchester Road South from Jill St. to the Chemacryl property; the City to assume $43,000 of the cost and the industry assuming $30,000; further, with respect to road improvements to Dorchester Road, ~he industry's cost to be $17,200 the City's share $31,400 subsidizable by the Ministry of Transportation and Communications; recommending further that the City Solicitor be requested to prepare an agreement with Chemacryl Plastics Ltd. incorporating the cost-sharing arrangements. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the recommendation of the Council Committee be adopted. 2. PARKING TAGS SYSTEM - Re~ommending the City Solicitor be authorized to prepsre the necessary amendments to existing by-laws to provide for the following: (a) the payment of voluntary parking violation fines directly to the City Treasurer; (b) provision for a mail-in ticket system for the payment of parking violation fines; (c) allowance for 72 hours for the payment of fines and (d) a policy change to allow the Canadian Corps of Commissionaires to cancel parking.violation tickets prior to the ticket being torn from the book. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the reconmmndation of the Council Committee be adopted. The motion Carried with Alderman Mann voting contrary to recommendation (a). 3. APPOINTMENT TO VACANCIES ON BOARDS AND COMMITTEES ~ Recommending the appointment of Alderman Jonovich to the Greater Niagara Hospital Board, the Lundy's Lane Historical Museum Board and the Mayor's Committee on Housing. ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler that the renom~ndation of the Council Co~mitte~ be adopted. REPORTS (Cent'd) No. 556 - City Clerk - Rezoning application of H.Damore Builders Ltd. to permit the construction of four multiple-family dwellings on prope=ty located at the southeast corner of St.Paul Ave. and Church's Lane; advising that 18 letter and one petition bearing 25 signatures were received in objection to the proposal; requeating the direction of Council. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that Mr. D. McDonald be granted permission to address Council. As solicitor for the petitioners, Mr. McDonald asked Council to recognize the rights of the individual homeowner8 and residents of the area and to r~alize the objectors have indicated the depth of their feeling8 by again being present in the Council Chambers. He asked that Council recon- sider the issue8 involved and accept the recommendation of the Planning and Development Conmaittee that the application be denied. ORDERED on the motion of Alderman Nunt, seconded by Alderman Wilso~ that the report of the City Clerk be received and filed and notwithstanding the objections received, Council reaffirm an earlier decision to approve the application of H.Damore Builders Ltd. and the application, together with the objections, be forwarded to the O.M.B. for consideration. - 5 - Reports (Cont'd) No. 557 - City Manager - Re: Proposed Plan of Subdivision, Taro Leawood Estates, south side Dunn Street, west side of Caledonia St. Recommending preliminary approval of the plan subject to eight conditions enumerated in the report. ORDERED on the motion of Alderman Hunt, seconded by Alderman Galloway that the report of the City Manager be received and adopted. .NOTE: Alderman Mann retired from the Council Chambers. No. 558 - City Manager - Re: Registered Plan N.S.15, Heritage Homesteads. Recommending the passing of a by-law to exempt the four-plex lots, Nos.27,28, 46,47,48,49,63,64 65 85 86 and 220 from Part Lot Control. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that the report be received and adopted. See By-law No.72-187 No. 559 - City Manager - Re: Lots 27,28,46,47,48,49,63,64,65,85,86 and 220, Registered Plan N.S.15, Heritage Homesteads, Site Plan Approval. Recommending the acceptance of the plans as submitted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Hunt that the report be received and adopted. No. 560 - City Manager - Re: Block C, Registered Plan N.S.11, Casey Street.~ Recommending approval of the s its plan as submitted. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the report be received and adopted. No. 561 - Planning & Development Committee - Re: AM-30/72 P.Rizzo, Pt.Twp. Lot 177, R.P.85, Lot 28, south side McLeod Road and AM-31/72 J. Pinter, Lot 64, Plan 14, west side Stanley Avenue. Advising the two applications were considered by the Planning and Development Committee and tabled for further discussion. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the report be received and filed. No. 562 - Planning and Development Committee - Re: Discussion Paper ~5, Regional Official Plan. Submitting a report prepared by the Planning Department and approved by the Committee; recommending amendments to the Regional population projection for Niagara Falls for 1991; the residential development acreage allocated by the Regional consultants and the acreage allocated for Industrial development; recommending further that the report prepared by the Planning Department be adopted by Council. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with Alderman Schisler voting contrary and all others in favour. No. 563 - Planning and Development Conunittee - Re: Community Planning Association of Canada, Fall Conference, Toronto, November 5, 6, 7, 1972. Recommending that Alderman Mann, Alderman Hunt and the Planning Administrator be authorized to attend the Conference for one day only. ORDERED on the motion of Alderman Boatea, seconded by Alderman McKinley that the report be received and adopted. No. 564 - Recreation Conmission - Advising the Stamford Centre Volunte'er Firemen's Association is prepared to contribute $35,000 toward the construction of an outdoor swinm~ing pool and recommend the pool be located at Mitchelson Park; advising the S.P.I.C.E. Committee and the Recreation Commission have approved the proposal; requesting Council's approval and recommending that the details outlined in the report be referred to staff. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the report of the Recreation Commission be received and referred to City officials for study. No. 565 - City Manager - Re: Tenders for Chain Saws, Rotary Mowers and other Equipment, Contract No.P.C.29-Y2. RetcHunending acceptance of.tenders as follows: 1. Tractor Drawn 80" Rotary Mower - Crawford Mower & Marine - $997.50 2. Commercial Rotary Mower -Crawford Mower &Marine - $840.00 3. Connercial 21" Rotary Mower - Crawford Mower & Marine - $945.00 4. Four-Wheeled Riding Mower - Ridgeway Farm Equipment - $1,244.25 .5. Comeercial 25" Rotary Mower - Crawford Mower &Marine - $2,756.25 6. Chain Saws (2) 19" Bar - Crawford Mower & Marine - $388.50 7. Chain Saws (2) 14" Bar - Crewford Mower & Marine - $325,40 - 6- Report # 565 (Cont'd) 8. Chain Saw 16" Bar - Crawford Mower and Marine - $225.45 9. Tractor Mounted Sprayer - Niagara Chemicals Ltd. - $2,173.50 10.Electric Generating Plant - Motor Driven - Burlec Sales Ltd. - $725.55 ll.Side Sickle Bar Mower. There were no tenders submitted on this item and it is recommended the Purchasing Agent receive competitive prices and purchase the item on the open market. ORDERED on the motion of Alderman Bearsa, seconded by Aldernmn Thomson that the report be received and adopted. See Resolution No. 119 No. 566 - City Manager - Re: 1972 Tree Planting Program, Contract T.P.28-72. Reconmending acceptance of the unit prices submitted by Len Terolls Nurseries Ltd. for the installation of trees specified in the contract documents. ORDERED on the motion of Alderman Hunt, seconded by Alderman McKinley that the report be received and adopted. See Resolution No.120 No. 567 - City Manager - Re: Fencing Contract, No.F.E.26-72. Recommending acceptance of the prices received from Frost Steel and Wire Limited for the supply and erection of fencing and backstops at various parks. Alderman Thomson noted that only one tender was received and suggested that consideration be given to the calling of tenders for fencing on a Regional basis. ORDERED on the motion of Alderman Galloway, seconded by Alderman Schisler that the report be received and adopted. See Resolution No.121 No. 569 - City Manager - Re: Tenders for New Equipment. Recorm~ending the following tenders be accepted: 1. Compact AUtomobiles (3 units) - Motorville Car Sales - $7,458.15 2. Window Vans (4 units - Chrysler Truck Center, Hamilton - $14,846.33 3.3/4 ton Pick-up Trucks (4 units) - Autoland Chrysler - $14,137.20 4.20 Co.Yd.Refuse Packers (2 units) S.M.I. Industries, Weston - $15,750.00 5.27,500 G.V.W. Truck Chassis (2 units) - Archer Truck Service - $20,286.50 6. Panel Van (1 unit) Autoland Chrysler - $3,286.50 7.25,500 G.V.W. Dump Trucks (2 units) - Autoland Chrysler Ltd. - $17,200.00 8. Backhoe/Loader (1 unit) - Stallwoods Garage Ltd.,Fonthill - $12,290.25 9. Crew Cab Utility Truck (1 unit) Autoland Chrysler - $7,066.50 10.4.5 Cu. Yd.Sander Box (1 unit) - Valley Blades Ltd, Galt- $2,787.75 ORDERED on the motion of Alderman Schisler, seconded by Alderman Hunt that the report be received and adopted. The motion Carried with the following vote: See Resolution No.122 AYE:Aldermen Bearss, Hunt, Martin, McKinley 8chisleri NAYE:Aldermen Thomson, Wilson, Galloway. No. 570 - City Manager - Re: Tender for Watermain Installations on various City Streets - Contract No.W.I. 30-72. Recommending that the unit prices submitted by Damore Brothers Limited be accepted. ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the report be received and adopted. ' See Resolution No.123 No. 571 = City Manager - Re: City Engineers Association Annual Fall Work-- shop, Windsor, November 22nd to November 24, 1972. Recommending that three members of the engineering staff be permitted.to attend. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the report be received and adopted. No. 572 - City Manager - Submitting a copy of a letter from the Holiday Inn, Ottawa, wherein Mr.Fred Philp, an employee of the Niagara Falls Fire Department, is coznnended for his actions which prevented extensive fire damage and contributed toward the safety of guests and staff;reconmeending that Mr. Philp be conmended. ORDERED on the motion of Alderman Bearss, seconded by Alderman Thomson that the-report be received.and' adopted.- Reports (Cont'd) No. 573 - Lottery Licensing Officer - Recommending approval of applications to manage and conduct Raffle Lotteries. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that the report be received and adopted. No. 575 - City Clerk - Recommending the granting of Municipal Licences. · ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the report be received and adopted. No. 576 - City Manager - Recommending a ant of Municipal Accounts. ORDERED on the motion o~ aleerman McKinley, secondary Alderman Schisler that the report be received and adopted. PETITION Connn.~ 155 - Petition of A. Varty and 16 other residents of Lyons Creek Road requesting that street lights be erected on Lyons Creek Road between Sodom Road and the Boat Club bridge. The City Engineer advised that the Rural Welland Branch of Ontario Hydro has been requested to comment on the advisability and feasibility of installing the lights in the area. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that~the petition be received and referred to staff. RESOLUTIONS No. 119 - BEARSS - THOMSON - RESOLVED that tenders for various Chain Saws, Rotary Mowers and other Equipment, Contract No.P.C.29-72, be accepted as follows: 1. Tractor Drawn 80" Rotary Mower - Crawford Mower & Marine - $997.50 2. Commercial Rotary Mower - Crawford Mower & Marine - $840.00 3. Commercial 21" Rotary Mower - Crawford Mower & Marine - $945.00 4. Four-Wheeled Riding Mower - Ridgeway Farm Equipment - $1,244.25 5. Commercial 25" Rotary Mower - Crawford .Mower and Marine - $2,756.25 6. Chain Saws (2) 19" Bar - Crawford Mower & M~rine - $388.50 7. Chain Saws (2) 14" Bar - Crawford Mower &Marine - $325.40 8. Chain Saw 16" Bar - Crawford Mower &Marine - $~25.4~ 9. Tractor Mounted Sprayer - Niagara Chemicals Ltd., - $2,173.50 10.Electric Generating Plant - Motor Driven - Burlec Sales Ltd. - $725.55 AND the Seal of the Corporation be,hereto affixed. Carried Unanimously No.120 - HUNT - MCKINLEY - RESOLVED that the unit prices submitted by Len Terol's Nurseries Ltd. for the installation of trees specified in the contract documents be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 121 - GALLOWAY - SCBISLER - RESOLVED that the contract for the supply and erection of fencing and backstops at warious parks be awarded to Frost Steel and Wire Limited; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 122 - SCHISLER - HUNT - RESOLVED that tenders for new equipment be accepted as follows: 1. Compact Automobiles (3 units) - Motorville Car Sales - $7,458.15 2. Window Vans (4 units) - Chrysler Truck Center,Hamilton . $14,846.33 3.3/4 ton Pick-up Trucks (4 units).- Autoland Chrysler - $14,137.20 4.20 Cu. Yd.Refuse Packers (2 units) S.M.I.Industriea, Weston - $15,750.00 5.27,500 G.V.W. Truck Chassis (2 units) Archer Truck Service - $20,286.50 6. Panel Van (1 unit) Autoland Chrysler - $3,286.50 7. 25,500 G.V.W. Dump Trucks (2 units) - Autoland Chrysler Ltd. - $17,200.00 8. Backhoe/Loader (1 unit) Stallwoods Garage Ltd.,Fonthill - $12,290.25 9. Crew Cab Utility Truck (I unit - Autoland Chrysler - $7,066.50 ~0.4.5 Cu. Yd. Sander Box (1 unit) Valley Blades Ltd.,Gait - $2,787.75 AND the Seal of the Corporation be hereto affixed. Carried No. 123 - MARTIN - HUNT - RESOLVED that the conerace for watermain installa- tions on various City Streets be awarde~o Damore Brothers Limitads Contract No.W.I.30-72; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Resolutions (Coni'd) No. 124 - MCKINLEY o HUNT - RESOLVED that Alderman Eli Jonovich be appointed aS the City's representative to the Greater Niagara Hospital Board, the Lundy's Lane Historical Museum Board and the Mayor's Conmittee on Housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 125 - THOMSON - MARTIN - RESOLVED that the next meeting of the Council Committee be held on Monday, O~tober 30, 1972, con~nencing at 7:00 p.m. in Committee Rooms 2 and 3; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS Comm. 156 - Mrs.Lucille Hilston - Requesting that sheet music for "Boost Niagara" be made available to the public at the information desk of City Hall, the Chamber of Conmerce and libraries during Civic Month. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the communication be received and referred to the City Clerk with power to act. COMMENTS OF ALDERMAN HUNT Alderman Hunt suggested that members of staff investigate the possibility of creating a third lane for traffic in the vicinity of Marineland on Portage Road. The Alderman also requested clarification of certain proposals by the Ministry of Transportation and Con~nunications to assume roads in conjunction with the reconstruction of the Queen Elizabeth Way. Reference was made to the future status of Rexinger Road in the former Township of Willoughby and the City Engineer advised a meeting is being arranged with representatives of the M.T.C. to determine the status of the roads in question. Alderman Hunt enquired if the Municipality would be taking advantage of subsidies available under the Winter Works Program. The City Engineer indicated that the federal government will proceed with the local initiative plan and the Municipality will attempt to take advantage of any funds available. Notification with respect to the Winter Works Program has not yet been received. In reply to questions by Alderman Hunt, the City Clerk confirmed that Bell Canada had been asked to determine if additional alternatives are available to permit the entire Municipality to be placed under a common telephone exchange. FEDERAL ELECTION - OCTOBER 30th Alderman Thomson suggested that in order to permit members of Council to follow federal election results, that the next Council Conmittee meeting be held at 7:00 p.m. rather than 7:30 p.m. See Resolution No,125 SPEED LIMITS IN SCHOOL ZONES Alderman Thomson suggested that Municipal staff investigate the possibility.of imposing e 15 m/p~hr. speed limit in schoolzones. The City Engineer indicated that a.report on the matter will be prepared and pre- 'seated to Council. ' PORTAGE ROAD BRIDGE OVER C.N.R. Alderman Wilson expressed concern that trucks exceeding the five ton load limit are using the bridge on Portage Rd. over the C.N.Ro tracks. He suggested that the load limit be enforced and Municipal staff investigate the possibility of increasing the fine to discourage the practice. ,! New Business (Coni'd) AMENDMENT NO.43 to OFFICIAL PLAN Alderman Galloway enquired if the Region had objected to Amendment No. 43 to the Official Plan of the Niagara Falls Planning Area. In view of the Phillipls report, he said, Amendment No. 43 would be in direct conflict with the City~s anticipated growth as proposed by the consultants preparing the Regional Official Plan. Mayor Miller replied that the Regional Council had not discussed or dealt with the proposed amendment. RAILWAy RELOCATION Mayor Miller informed Council of the action he had taken with respect to an announcement made by the Hon. R.Basford regarding the availability of funds for railway relocation. NO PARKING - STANLEY AVENUE Mayor Miller suggested that the Municipality should take exception to a decision made by the Regional Municipality of Niagara to eliminate parking · on both sides of Stanley Ave. from the Q.E.W. to Ferry Street. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that' the City of Niagara Falls convey its objection to a Regional proposal to prohibit parking on both sides of Stanley Ave. from the Q.E.W. to Ferry St. at all times. ~Y-LAWS No. 72-178 - A By-law to authorize a subdivision agreement with Klydel Holdings Inc. (See Page 2) No. 72-187 - A By-law to designate certain land not to be subject to part lot control. · ORDERED on the motion of Alderman Martin, seconded by Alderman Bearss that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the by-law be now given a second and third reading. Carried Unanimously ~o. 72-188 - A By-law to authorize an agreement with Pasquale Viscusi and Elizabeth Viscusi respecting parking facilities. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimousl~ ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion p~.rried with Alderman Thomson voting contrary and all others in favour. Carried No. 72-189 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Beerag, seconded by ~lderman Schisler that Alderman Galloway be granted the privilege of introducing the By-~aw and the By-law be given the first reading. Carried Unanimously - 10- By-law No.72-189 (Cont'd) ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-190 - A By-law to amend By-law No.3790, for the regulation of traffic. ORDERED on the motion of Alderman Martin, seconded by Alderman Schisler that Alderman McKinley be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-191 - A By-law to amend By-law No.6425, 1964 ~especting the regu- lating and licensing of camping establishments. (O.Scott) ORDERED on the motion of Alderman McKinley, seconded by Alderman Martin that Alderman Schisler be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Schisler, seconded by Aldernmn Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-192 - 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. ORDERED on the motion of Alderman ScBisler, seconded by Alderman Wilson that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Martin that the By-law be now given a second and third reading. · Carried Unanimously No. 72-193 - A By-law to authorize the execution of an agreement with Len Terol carrying on business as Len Terol's Nurseries for the planing of trees. ORDERED on the motion of Alderman Martin, seconded by Alderman Wilson that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-194 - A By-law to authorize the execution of an agreement with Damore Bros. Limited for the construction of watermains. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously By-law No.72-194 (Cont'd) ORDERED on the motion of Alderman Martin, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unan~imousl~ No. 72-195 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimousl7 ORDERED on the motion of Alderman Martin, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously ADJOURNMENT The meeting adjourned at 10:30 p.m. on the motion of Alderman Schisler, seconded by Alderman Thomson. READ AND ADOPTED, Mayor THIRTY-SIXTH ~ETING Council Chambers, November 6, 1972. REGULAR MEETING Council met on Monday, November 6, 1972, at 7:30 p.m. for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Besrss offered the Opening Prayer. All Members of Council were present with the exception of Aldermen Somerville, Hunt, Mann and ~rtin. ADOPTION OF MINUTES The minutes of the October 23rd meeting indicate that Aldermen Galloway, Thomson and Wilson voted contrary to Report #569 in respect to the acceptance of certain tenders for new equipment. Although the minutes also indicate that Resolution #122, formally accepting the tenders, had 'Carried', Alderman Galloway suggested the record should also indicate that the three Aldermen were contrary to the resolution as well as the report. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the minutes of the regular meeting held October 23, 1972, be adopted as printed with an addltl0n on Page 7, Line 55 to indicate the contrary vote of Aldermen GalloVay' Thomson and Wilson. PRESENTATIONS Twenty-five year service pins were awarded to A. Dell, Foreman, Parks and Cemeteries; J. Montagna, Foreman, Service Centre and C. Davyes, Equipment Operator, Sanitation Department. Certificates for completing courses at the C.S.Anderson Road School were awarded to H. Laur, J. Marshall and J. Grnninger. Mr. Gruninger also completed an Oatario Traffic Conference Training Course. Messrs Davyes, Marshall and Gruninger were present at the meeting and accepted the awards from His Worship Mayor Miller who conveyed the congratulations and commendation of Council. DEPUTATIONS Mr. M. J. McQuaid, Solicitor for Canadia Niagara Ltd., had requested permission to address Council in respect to the decision of the Ontario Municipal Bm rd regard- ing the application of Cannai Holdings Ltd. Mr. McQuaid was granted Permission to speak on the motion of Alderraan Bearss, seconded by Alderman Thomson. Mr. McQuaid said it appeared that before the Ontario Municipal Board considers Amendment Nos. 57 and 58 (Niagara Square and Csnadia(N,F,)Ltd.)and potential shopping plazas for the City of Niagara Falls, it will be necessary to comply with the directions of the Board. He suggested the Board is seeking, either through the municipality or Regional Niagara, additional studies with respect to the amount of con~nercial acreege ~n be allocated to the City of Niagara Falls. The speaker referred to Discussion Paper ~5 of the proposed Regional Official Plan and which is described as the refined long-range concept and p~el~m~a~y t991 'dev&~Opment areas. ~'Re neted the paper refers to residential and industrial areas but is "totally silent" as to cormnercial designation. It was Mr. McQuaid's opinion that the O.M.B, apparently expects the Region to become involved in co~nercial land use but Discussion Paper ~5 indicates they will not become involved at all. He said the principals of Canedis, being cognizant of Regional issues and the impact on existing commercial, have retained experts to undertake studies and are prepared to produce evidence regarding those areas of study. The Board, however, appears to be asking Council itself to undertake the type of studies that the developers themselves have already completed. The speaker suggested that it would be very difficult for the City to process Amendments 57 and 58 to final ization unless there was a response from the Region regarding commercial land use. Re urged the members of Council to obtain from the Region a clear indication or statement of policies as to whether the Region intends to become involved in connnercial land use designation. He said also that, to his knowledge, the City of Niagara Falls had not, by formal resolution, ind iceted the City~s position in respect to Discussion Paper ~5 and suggested the municipality should go on record as to its position in this regard. Hr. McQuaid stated that slnce the original Cansdis application, numerous studies had been on-going which provide further details of the market end commercial square footage available in the municipality. Amendment ~58,~anadia(NiagareFalls)Ltd.has been forwarded to the Official Plans Section and indicates 190,000 sq. ft. in Phase I and 325,000 sq. ft. of comercisl floor space in Phase II~ Recent studies indicate - 2- original estimates were too conservative and Cansdis is now requesting an amendment to increase the Phase I figures to 264,000 sq. ft. and Phase II to 430,000 aq.ft. Mr. McQuaid also requested deletion of the sentence "additional ma phasing would follow from analyses of market de ads". In view of the O.M.B. Chairmanes questions about connercial acreage in Niagara Falls, FAr. McQuaid suggested the City could launch a minimal study relative to existing commercial square footage in order to be "armed" with the information when hearing dates are granted. He also requested an opportunity to make submissions to Council, at the appropriate time, with respect to the studies that may still be required before further processing of the applications of Niagara Square and Canadia Holdings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that Mr. M. Vaughan be granted permission to address Council. Mr. Vsughan, a solicitor appearing on behalf of Niagara Square,emphasized that the Ontario Municipal Board is not going to approve additional shopping centres unless a study is made. He said that such a study should not be under- taken by the Region but preferably under the auspices of the City of Niagara Falls. He suggested a study by objective experts should do the following things: 1. To review the City's present official plan policies concerning the Central Business District and the establishment of new shopping eentres and to determine their present and future validity with respect to: (a) tile feasibility and likelihood of carrying out the proposed urban renewal program; (b) the t~kelthbOd of,~st~b~t~h~n~ in~the Central Business District the kind of retail facilities required to retain the maximum share of · retail sales, in particular, the likelihood of seeing a major depart- ment store facility in the downtown area; (c) alternate policies respecting new shopping centres if it is concluded that the original projection for the Central Business District may not materialize. 2. To advise on the appropriate location of a major new shopping centre, taking into consideration both the anticipated growth pattern of the City and prospective or possibly regional development of transportation patterns. 3. To advise on the appropriate methods to be used in reviewing and analyzing shopping centre proposals and, specifically, on the appropriateness of using the above'methods based on population, retail gales and land use ratios. 4. Specifically to advise the City on the appropriateness of the present shopping centre proposals and on specific conditions which should be'attendant to approval of all such proposals. In regarding to FAr. McQuaid's request that :Canadia ~{mitOd'-beallawed increase the floor space in Phases I and II of.a proposed shopping centre, Mr. Vaughan urged Council to not approve such a major increase without a!,complete study being done by City staff and a full opportunity for Canadia and other ' parties to make detailed submissions. The remarks by FAr. Mcquaid and Mr. Vaughan will be given further considera- tion by members of Council and by City Staff. · UNFINISHED BUSINESS .V.L.A. (PITTON) SUBDIVISION Report ~577 - City Manager - Notin8 the City is responsible for installing a pumpin8 station and forcemain in the V.L.A. subdivision and the cost of a required easement over Westlane School propert y from Pitton Road to Luridyes. lane is also a municipality respbnsibility rather than the developer's; recofi~nding the approve1 of an expenditure of $2,675 from the total pumping station a11ocstfon so the required easement can be obtained from the Depart- meat of F~ucation. - 3 - V.L.A. (PITTON)SUBDIVISION (Cont 'd) ORDERED on the motion of Aldermsn Thomson, seconded by Alderman Jonovich that the report of the City Manager be received and adopted. The motion Carried with Alderman Puttick voting contrary and all others in fayour. APPLICATION OF J. CHRISTENSEN Report ~578 - City Clerk - The application of J. Christensen to amend Zoning By-law No. 395 of the former Township of Willoughby, would permit the erection of four single-family dwellings on four lots located on the north side of Weaver Road, east of Willoughby Drive; the By-law would provide for 100-foot frontages on three lots and a 94-foot frontage on the fourth lot; advising of one letter of objection signed by two property owners; requesting the direction of Council. Cormn.#157 - Mrs.J.Christensen - Comments regarding objections to the proposal. Cormn.#158 - Niagara Health Unit - An advisory report respecting sewage disposal systems in the Weaver Road area; advising that an inspection and investigation of the area indicates no serious septic tank or pollution problem. ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that the communications and report be received and filed and notwithstanding the objections received, Council reaffirm an earlier decision to approve the application of J. Christensen and the application, together with the objections, be forwarded to~ the O.M.B. for consideration. COMMUNICATIONS No. 159 - D.Jamieson,Vice-Chairman, Ontario Municipal Board - re: Proposed Amendments to Official Plan (Niagara Square and Cansdis). Advising when the applications have reached the stage where an appointment can be granted, an appointment will be given for a motion to consider whether or not these matters should proceed. ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that the communication be received and filed. The City Clerk confirmed that members of Council will be provided with a copy of a letter sent to Mr. Jamieson by the City Clerk dated October 13, 1972. No. 160 - Main and Ferry Business Association - Requesting approval of the installa- tion of lighted Christmas trees in the south end business area. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the request be approved subject to similar approval being granted by the Niagara Falls Hydro Commission. · No. 161 - Drummond Road Home and School Association - Requesting the extension of the safety barrier on the Drunnnond ~oad cr.ossing of the Q.E.W, Hown the roadside to the intersection of Valley Way. ORDERED on the motion of Alderman Bearss, seconded by Aldenman Schisler that the communication be received and referred to staff to arrange a consultation with Regional authorities; further, that a copy of the con=aunication be also forwarded to the Niagara· Safety Council for consideration and c.omment. No.16~ - Ungaro and Nicoletti - Re: Cash in Lieu Agreement - Mr.S.Gizzi. Referring to Council's earlier decision to request a contribution of $4,500.00 in lieu of required parking spaces. Requesting that due to the unusual circumstances', Council reconsider the matter and allow Mr. Gizzi to contribute $3,000 as originally quoted. It was moved by Alderman McKinley, seconded by Alderman Thomson that Mr.Gizzi be allowed to contribute $3,000 in lieu of parking spaces rather than $4~500. The motion was Defeated with the following vote: ~YE: Aldermen McKinley and Thomson. NAYE:Aldermen Bearss, Galloway, Puttick, Schisler, Jonovich, Wilson. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the communication be received and filed. The motion Carried with the following vote: ~YE: Aldermen Bearss, Galloway, Puttick, Schisler, Jonoyich, Wilson. ,,NAYE :Aldermen McKinley and Thomson. No. 163 - Niagara Fells Public Library Board - An application for the approval of' $1,100,000 to be raised by municipal debentures to pay for pert of the cost of building s new public library. ' It was moved by Alderman Puttick, seconded by Alderman Thomson that the Communication be received and filed and Council approve the $1,100,000 debenture for library purposes,and, further, that the question of raisins the additional $500,O00. be referred to the 1973 City Council. L - 4- Cor~nunication # 163 (Cont'd) The City Solicitor expressed the concern of City Staff regarding the fact that the amount bf $1,100,000 presently in the 1972 Capital Budget does not cover the entire cost of the construction of the library. Due to additional costs an additional $500,000 is required. He suggested that Council would "not get far" if the required by-law was forwarded to the Ontario Municipal Board without indicating the entire estimated cost of the project and information as to how the additional monies will be raised. There is also some concern that current figures do not appear to make allowances for interim financing. The City Clerk pointed out that in dealing with the O.M.B. certain procedures must be followed and any ~pplication for capital expenditures must be supported by what is normally called an engineer's estimate of cost. The Board, he said, is going to want assurance that the municipality is not going to proceed with construction if full approval has not been granted. He expressed doubt that the O.M.B'. would accept a statement that the balance of the money is to be referred to a future Council as there is no guarantee as to what decisions a future Council may make. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that Mr. George Hamilton, a member of the Library Board, be granted permission to address Council. Mr. Hamilton introduced Mr. R. Durdan, Vice Chairman of the Library Board, Mr. Ron Pearce, Building Chairman and Miss Van 81yke newly appointed Chief Librarian. He indicated that, within the next week, the architect's plans would be approved, tenders would be called early in 1973 and construction may proceed by the first of March. Mr. Hamilton said the Library Board and the architect have endeavoured to keep the costs within the original calculat.ions and suggested that the present. figures are not unduly high. In reply to a question by Alderman Galloway, the City Solicitor agreed that there was "no dnager" in preparing the by-law and forwarding it to the Ontario Municipal Board at this 'stage. The motion on the floor to approve the Library Board's application for the issuance of municipal debentures in the amount of $1,100,000 and refer the balance of $500,000 to the 1973 City Council Carrie~ unanimously. Comm.# 164 - Ronald and Christins Woolley - Re: AM-31/71 - Dalecombe Development Ltd., part of Lot 107, West Side of Drummond Road. An objection to the proposed construction of multiple family dwellings on property located ~mmediately north of the H.E.P.C. Canal. Con~n.#165 - Mr. &Mrs. T.Cook, Mr. &Mrs. E.Drost - Re:~Proposed development of multiple family dwellings on property located on the west side of Drummond Road immediately north of the H.E.P.C.Canal. Requesting full assurance that construction will be carried out according to the site plan agreement. ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that the communications Nos. 164 and 165 be referred to the By-law. See. By-law No. 72-197 REPORTS No. 578 - City Clerk - Report of the Council Committee. 1. MOUNTAIN ROAD LIGHTING - Niagara Fells Hydro has reviewed the lighting proposal suggested by the Ministry of Transportation end Communications in conjunction with the construction of the Mountain Road interchange with the Q.E.W. and has recommended that thirty-two 400 Watt Mercury-Vapor lights be erected on twenty-one new concrete poles and eleven existing wooden poles on Mountain Road between Montrose Road and Kalar Road. Installation costs of seven units wouM be paid for by the M.T.C. and twenty-five lights would be paid for by Niagara Falls Hydro and billed to the City. The maintenance and operation of all thirty-two lights is a City reSponstbilitX. Rec~.-~nding that the M.T.C. be advised that the City has approved the installation of the thirty-two lights and that payment will be made on the basis outlined in the report. ORDERED on the motion of Alderman Wilson, seconded by Alderman Schisler that the reconm~ndation of the Council Co~nittee be adopted. -5 - Report of the Council Connnittee (tout'd) 2. LIGHTING ON PORTAGE ROAD FROM FORMER VILLAGE OF CHIPPAWA TO McLEOD ROAD Recorfnnending that twenty-eight 400 watt Mercury-Vapor units be installed on existing poles located on Portage Road from the former Village of Chippaws to McLeod Road and costs be borne by the City of Niagara Falls. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that the recommendation of the Council Committee be adopted. 3. SATELLITE ARENA - Recommending that staff be authorized to prepare a by-law for the construction of a satellite arena adjacent to the Stamford Memorial Arena. Cormn.# 166 - Mr.E.Allebone - Cor~nents re: Recreation facilities and, in particular, the location of ice surface facilities. The brief presents arguments against the proposed satellite arena including location, required parking spaces, affect on Prince Edward Park facilities and possible objections by area residents. The counter proposal of the Citizens Action Committee provides that funds presently in the Capital Budget be utilized for the erection of an arena and, eventually, a complete recreational complex on the former Starlite Drive-in property on Sodom Road. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that Mr. Allebone be granted permission to address Council. Mr. Allebone elaborated on the contents of the prepared brief and suggestgd the recommended satellite arena adjacent to the Stamford Arena was made as a matter of expediency to meet budgetary deadlines. Such a procedure, he said, made no sense when the pros and cons of such construction had not been fully discussed. The suggested recreational complex on the Starlit~tproperty would serve all age groups whereas the satellite arena would only provide a skating surface to satisfy the needs of younger groups. Mr. Allebone suggested an amount of $50,000 allocated for recreational facilities in Niagara Falls South in the 1971 Operating Budget, could also be utilized and the Citizens' Action Committee feel they could raise a like amount. On behalf of the Committee, Mr. Allebone asked the members of Council to not approve a by-law to use $250,000 presently in the Capital Budget for the erection of the proposed satellite arena. Following considerable discussion, it was moved by Alderman Thomson, seconded by Alderman Wilson that the brie~ submitted by the Citizens Action Connittee be received and referred to a meeting of representatives of the Recreation Commission, the S.P.I.C.E. Conm~ittee and the Citizens Action Connittee at which time the points raised in the brief will be thoroughly discussed and a recommendation pre- sented at the next regular meeting of the City Council; further, that City Staff be authorized to proceed with the preparation of the by-law authorizing the construction of a satellite arena adjacent to the Stamford Memorial Arena as reconnended.by the Council Connlttee. The motion Carried with the following vote: AYE:Aldermen Bearss, Thomson, Wilson, McKinley and Mayor Miller. NAYE Aldermen GallowayJ Puttick, Schisler, Jonovich. 4. TRANSIT STUDY REPORT - ACRES CONSULTING SERVICES LIMITED - The Transit Commission has requested an opportunity to meet with Council at which time arrangements will be made to have the Consultants formally present the report. ORDERED on the motion of Alderman Wilson, seconded by Alderman Galloway that the request be referred to His Worship Mayor Miller to arrange ~he~de~a~18. for the requested meeting with the Niagara Transit Conmission. Reports (tout'd) No. 579 - City Manager - Re: 24" Watermain, DorChester Rd. to Montrose Rd. Referring to a by-law appearing on the agenda which authorizes an easement agreement between the Regional Municipality and the City; recommending approval of the required by-law. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that the report be received and filed. See By-law No. 72-205 No. 580 - City Manager - Stamford Interceptor Sewernmin. Referring to a by-law appearing on the agenda authorizing the execution of an assignment agreement with the Regional Municipality and the H.E.P.C.of Ontario in respect to the City's interests in the 196Z agreement between the Townshlp of Stamford and the H.E.P.G. of Ontario as it applies to the Stamford Interceptor Sewermain.'The agreement provides that easement rights to the small diameter connecting sewermains at Brookfield Ave., Royal Manor D~ive and Fraser St. be retained by the City; recoa~uendtng approval of the authorizing by-law. -6- Report # 580 (Cont'd) ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the report be received and filed. See By-law No. 72-206 No. 581 - City Manager - Re: W-5-2 and W-5-3 Watercourses West of Kalar Road. Recommending the approval of deepening and improving the W-5-2 watercourse at an estimated cost of $75,000 and the deepening of the W-5-3 watercourse at an estimated cost of $50,000; recommending further that the required by-laws be prepared and application made to the Ontario Municipal Board. ORDERED on the motion of Alderman Schisler, seconded by Alderman Jonovich that the report be received and adopted. The motion Carried with Alderman Wilson voting contrary and all others in favour. No. 582 - City Manager - Re: Site Plan approval for addition to exist ing build ing on Pt. Twp. Lot 56 (South West corner Stanley Ave. and Swayze Drive). Noting a condition of the sale of the property to Mr.F.Sacco was approval of a site plan by Council before the issuance of a building permit; advising that a proposed 40~ x 60' addition to the existing building complies with the zoning by-law and the general policies of the Site Plan Technical Group; recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the report be received and adopted. No. 583 - City Manager - Re: Petition of Residents from North Street re Basement Flooding. Suggesting the widening of Stanley Avenue did not contri- bute to f~6dding occurring on North Street; acknowledging the combined sewers on both Stanley Avenue and North Street are presently overtaxed during periods of heavy rainfall and relief is required in the form of a storm sewer as outlined in the report; suggesting the construction of a storm sewer would be premature st this time due to the proposed lowering of the Q.E.W. extension on Stanley Avenue and costs would be prohibitive to proceed with the construction of a storm sewer before work is carried out to the Q.E.W. extension by the Ministry of Transportation and Communications. ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the advisory report be received and filed. It was suggested that the petitioners be provided with a copy of the report. No. 584 - City Manager - Re: Dorchester Park Extension Subdivision. Referring to the developer's request for certain deviations from the City's subdivision policy including reduction in the $400 per lot impost charge; reduction in t he width of pavement; elimination of double sidewalks except for main streets; the use of plastic watermains and water services; the use of a bank letter of credit rather than cash deposits and the use of precas~ curbing. The report recommending no changes to the present policy on subdivisions other than the following: (1) the installation of 6" plastic watermain with plastic water services on an experimental basis; (2) the construction of sidewalks on both sides of all streets in the Dorchester Park Extension with the exception Of the cul-de-sac shown as street '~" on the plan and (3) future sidewalks w~ltl,not beqmequ~red on cul-de-sacs if the total length is less than 550' from the adjacent street to the centre of the bulb and provided the cul-de-sac is in a single family residential area. ORDERED on the motion.of Alderman McKinley, seconded by'Alderman Galloway that the report be received and adopted. No. 585 - City Manager - Advising that the standard caution sign to indicate splayground and a 10 m.p.h. speed limit sign have been erected on both approaches to Ontario Park as requested by residents of River Lane. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the advisory report be received and filed. No. 586 - C_~ity Manager - Public Transit System.- City of Welland. Advising that the Greater Niagara Transit Cu.u,,lssion has indicated no objections to the application of the City of Welland for a bus franchise to provide a public transit system in that City. ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the report be received and filed end the City express'no objections to the application. - 7 - Reports (Cont'd) No. 587 - City Manager - Re: Local Initiatives Program. Recon~ending that the City Manager be authorized to make application to the Department of Manpower and Immigration for approval of the following projects: (1) Proposed Youth Arena (2) Stamford Centre Volunteer Firemens' Pool (3) Murray St. Storm Sewer Outfall (4) Prince Edward Ave. and Cook St. storm sewers (5) Brookfield, Garden Leeming and Mouland storm sewers (6) Ontario Ave. storm sewer (7) heating of Niagara Falls arena by natural gas, painting of the arena and painting of the Fallsview Fire Department building (8) clearing and improvement of rural cemeteries. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that the report be received and adopted. No. 588 - City Manager - Re: Rental of Snow Removal Equipment. Advising only two contractors submitted tenders for rental of snow removal equipment, both offering only one of the two graders called for and only one contractor offering the two trucks and two loaders r~quired; recommending the City offer a stand-by payment of $7.50 per day for graders and trucks and $4.00 per day for front end loaders with loss of pay for seven days for failure to respond to call-outs;reconunending further that City equipment and rental equipment be called out to work simultaneously; advising the cost of the proposed stand-by pay for two graders, two trucks and three loaders would be $6,350.00 with 50% subsidy; recommending also that tenders be called with a closing date of November 21, 1972. ORDERED on the motion of Alderman Puttick, seconded by Alderman Bearss that report of the City Manager be received and adopted. The motion Carried with the following vote: AYE: Aldermen Bearss, McKinley, Puttick, Schisler, Jonovich, Thomson. N~AYE:Aldermen Wilson and Galloway. No. 589 - City Manager - Re: Municipal S~rvice Centre Building. Reconnnending acceptance of the price of $2,300.00 submitted by Pre-Con Co. for the construction of a mezzanine at the east end of the service centre building to provide for storage of hydrants, valves and water works supplies in general. ORDERED on the motion of Alderman Schisler, seconded by Alderman Jonovich ttm t the report be received and adopted. See Resolution No. 126 No. 590 - City Manager - Re: Demolition Tender for buildings on Ellen Avenue and Huron Street - D.T.32-72. Recommending the low tenderer, Collee Demolition, be awarded the contract for the demolition of four municipally-owned buildings on Huron Street and Ellen Avenue. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the report be received and adopted. See Resolution No. 127 No. 591 - City Clerk - Re: Distribution of the 1972 preliminary list of electors together with a street index and a map outlining the polling boundaries. Advising that revision of the list will continue until November 8th and provision has been made to add to the list, by means of a Clerk's certificate, the names of eligible voters who may have been omitted from the original list. ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that the report be received and filed. No. 592 - City Clerk - An advisory report providing members of Council wi~h infor- mation in respect to an application of Bell Canada to transfer the Niagara Falls exchange to a higher rate group; an invitation from the Stamford Chapter, I.O.D.E. to attend a reception for new Canadians; a communication from the }land Assoc. of Sewer, Watermain and Road Contractors expressing appreciation of Council's decision relative to the Pitton (V.L A.) subdivison; notification that tenders will be called for the Murray Street Storm Sewer Outfall and a request from the Niagara Falls Optimist for the City to subscribe to an adv~rtisement in the Poe Wee Hockey Tournament program. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that His Worship Mayor Miller and the Purchasing Agent, J. Smyth, ~e authorized to arrange for the presentation of appropriate gifts to citizens received Canadian Citizenship at the reception sponsored by the Stamford Chapter, I.O,D.E. ORDERED on the motion of Aldernmn Galloway, seconded by Alderman McKinle~ that a half-page advertisement in the Poe Wee Hockey Tournament program be approved and the report of the City Clerk be received and filed. -8- Reports (Contd) No. 593 - City Manager - Re: Ministry of Environment Training Courses for Inspectors, December 4th to 8th, 1972, Toronto. Reconunending that the City Engineer be authorized to apply for the enrollment of Mr.D.Snyder, Construction and Contract Control Superintendent. ORDERED on the motion of Alderman Wilson, seconded by Alderman Bearss that the report be received and adopted. No. 594 - City Manager - Building Permits issued for the month of October, 1972. ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that the report be received and filed. No. 595 - Lottery Licensing Officer - Reconnnending approval of applications to manage and conduct raffle lotteries. ORDERED on the motion of Alderman Schisler, seconded by Alderman Jonovich that the report be received and adopted. No. 596 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the motion of Alderman McKinley, seconded by Alderman Thomson that the report be received and adopted and licences granted. Alderman Thomson requested the City Clerk to investigate toy discount stors which occupy vacant buildings during the peak Christmas season and unfairly complete with established local bua iness. The Alderman asked for an investigation to determine what steps can be taken to diseonrage this practice. No. 597 - City Manager - Recommending payment of Municipal Accounts. ORDERED on the motion of Alderman Bearss,'seconded by Alderman Wilson that the report be received and adopted. RESOLUTIONS No. 126 - SCHISLER - JONOVICH - RESOLVED that the price of $2,300.00 submitted by Pre-Con Company for the construction of a mezzanine at the east end of the Service Centre Building be accgpted; AND'the Seal of the Corporation be hereto affixed. Carried Unanimously No. 127 - BEARES - GALLOWAY - RESOLVED that the contract for the demolition of municipally owned buildings on Ellen Avenue and Huron Street, D.T.32-72, be awarded to the low tendeter, Collee Demolition; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 128 - WILSON - BEARSS - RESOLVED that Ontario Housing Corporation be requested to provide rental housing accommodation for families on a geared-to- income basis in the 'City of Niagara Falls, acconnnodation to comprise 31 two- bedroom, 31 three-bedroom, 8 four-bedroom and 8 five-bedroom units, as indicated by the survey of need and effective demand dated March 1971. Location of the units is not to be within close proximity of an existing Ontario Housing Corporation project and such proposed units are to comprise of 25, and not more than 30 unit, in any one area to accommodate the 78 family housing units within the municipal limits of the City of Niagara Falls. The Corporation of the Municipality of the City of Niagara Falls hereby undertakes and agrees to contribute 7%% of any annual loss arising out of the operation of the said family housing; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 129 - MCKINLEY - THOMSON - RESOLVED that a message of ,congratulation be tforwarded ,to ,Mr. 8teven ,Cra~e omithe .occaSion, ot ,his ninety-~ftfth ~btvthday; ~ANDa~the See~ Io~,,thee~oJ~po~a~omdle ~het~e~o~alfftxed~ the, Sea } ~'l ]'V h~lcto alJix~,d,. Carried Unan~ously No. 130 - JONOVICH - BEARSS - A resolution that the next meeting of the Council Conmaittee be held on Tuesday, November 14, 1972s due to the Remembrance Day Holiday, was defeated on the motion of Aldet~nan Jonovich, seconded by Alderman Bearss. The motion Carried wlth the following vote: AYE: Aldermen Bearss, Galloway, McKinley, Puttick, Jonovich, Wilson. NA'~E:Aldermen Thomson, Schisler. The next meeting of the Council CormuLtras will, accordingly, be held on Monday, November 13, 1972, c~n~encin8 at 7|30 p.m. - 9 - NEW BUSINESS PROPOSED HYDRO RATE INCREASES Alderman Wils on expressed his concern about the announced increase in hydro rates and a proposed meeting of Hydro officials and the Niagara Peninsula Basic Power Users at which time, he said, the views of Council sh6uld be made known. Mayor Miller advised that the Hydro Commission had met with the Basic Power Users Committee and were awaiting a report from them. Stamford Memorial Arena Alderman Wilson reported the inconvenience at the Stamford Memorial Arena because the women's washrooms are locked. RETIRED EMPLOYEES Alderman Wilson referred to a $12,000 allocation in the budget for retirement allowances for retired City employees and requested a report about the feasibility of distributing the funds equally among retired employees. The City Clerk pointed out that a report had been presented to the Council Committee at a previous m~eting but no action was taken at that time. MONTROSE ROAD SOUTH At the rqquest of Alderman Wilson, the City Engineer will again contact the Ministry of Transportation and Communications regarding the unsafe condition of Montrose Road South. .PARKING AT HOSPITAL Alderman McKinley requested a report in respect to parking problems in the vicinity of the General Hospital during construction. He suggested the meters could be covered during this period. PARKING - EPWORTH CIRCLE A suggestion by Alderman McKinley that parking be prohibited on the inside of Epworth Circle during the winter months was referred to the Parking Committee. PUBLIC SERVICES COMMITTEE MEETINGS Alderman Bearss referred to the minutes of the Niagara Falls Public Services Committee and the comments regarding proposed standardization of underground utilities by Regional Niagara. The Alderman noted that no Regional representatives were present at the meeting. The City Engineer will convey to the Region the suggestion that Regional representation st the Niagara Falls Public Service Committee meetings should be encouraged. CIVIC MONTH ELECTION BROCHURE Alderman Bearss commended the City Treasurer, the City Clerk,'Mr.D~Fa~kenhagen and. City Staff who had contributed toward the preparation of the Civic Month Election brochure. The pamphlet has been widely distributed in the City. HOME FOR TNE AGED Alderman Wilson noted that Dorchester Manor presently has a waiting list of 200 names and suggested consideration be given to the construction of a similar type of accommodation for the aged. The matter was referred to the City Clerk, BY-LAWS No. 72-196 - A By-law to authorize a subdivision agreement with Klydel Holdings Incorporated. (V.L.A.(Pitton) Subdivision) ORDERED on the motion of Alderman Schisler, seconded by Alderman Bearss that Alderman Thomson be granted the privilege of introducing the By-law and the By-law be given the first reading. ~srried Unanimo. uslF - 10 - By-law No.72-196 (Cont'd) ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously No. 72-197 - A By-law to authorize the execution of a site plan agreement with Stewart A. Branscombe and Group 2 Development Limited. (West side of Drunmond Rd., North of H.E.P.C.Bridge) ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that the By-law be now given a second and third reading. Csrried Unanimously No. 72-198 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagar~ Falls, as amended. ORDERED on the motion of Alderman Bearss, seconded by Alderman McKinley that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Schisler that the By-law be now given s second and third reading. The motion Carried with Alderman Wilson voting contrary and all others in favour. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that Con~nunications Nos. 164 and 165 be received and filed. No. 72-199 - A By-law to authorize the execution of a site plan agreement with River Realty Development Limited. (West side of Portage Rd.) ORDERED on the motion of Alderman McKinley, seconded by Alderman Puttick that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. / Carried Unanimously ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that the By-law be now given s second and third reading. Carried Unsnimpusly No. 72-200 - A By-law to amend By-law No. 2530, 1960 of the former Township of Stamford, now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wilson that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously No. 72-201 - A By-law to amend By-law 'No. 72-40 respecting motorfzed snow vehicles. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Wilson be granted the privilege of introducing the By-law and the By-law he given the first reading, Carried Unanimously ORDERED on the motion of Aldermen Wilson, seconded by Alderman Schisler that the By-law be now given a second and third reading. Carried Unanimously - 11- By-laws (Cont'd) No. 72-202 - A By-law to authorize the reconstruction of Ontario Avenue from Park Street to Simcoe Street. (Two Readings Only) ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Jonovich be granted the pri, ilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Jonovich, seconded by Alderman Wilson that the By-law be given the second reading. Carried Unanimously No. 72-203 - A By-law to authorize the construction of wa termains as improvements and extensions to the water supply system in the Urban Service Areas of the City. ~pte: The By-law was deleted from the agenda. No. 72-204 - A By-law to authorize the execution of an agreement with Richard ~ollee for the demolition of buildings. ORDERED on the motion of Alderman McKinley, seconded by Alderman Thomson that Alderman Puttick be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried UnanimousIF No. 72-205 - A By-law to authorize the execution of a grant of easement to The Regional Municipality of Niagara for a trunk watermain. ORDERED on the motion of Alderman McKinley, seconded by Alderman Bearss that A~de~man Galloway be granted the privilege of introducing the By-law and the By-law be given the first read ing. The motion Carried with Alderman Wilson voting contrary and all others in favour. ORDERED on the motion of Alderman Galloway, seconded by Alderman Jonovich that the By-law be now given a second and third reading. The motion Carried with Alderman Wilson voting contrary and all others in favour. No. 72-206 - A By-law to authorize the execution of an assignment to The Regional Municipality of Niagara ~f an easement for a sanitary interceptor sewer. ORDERED on the motion of Alderman Schisler, seconded by Alderman Wilson that Alderman Jonovich be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Jonovich, seconded by Alderman Bearsa that the By-law be now given a second and third reading. Carried Unanimou_H~/ No. 72-207 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Bearss be granted the privilege of int~oductn8 the By-law and the By-law be given the first reading. errled Unanimg~usly - 12- By-law No. 72-196 (Cant'd) ORDERED on the motion of Alderman Bearss, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously. ADJOURNMENT The meeting adjourned at 11:30 p.m. on the motion of Alderman Puttick, seconded by Alderman Wilson. READ AND ADOPTED. ~or THIRTY-SEVENTH MEETING SPECIAL MEETING Committee Rooms 2 & 3 November 13, 1972. Council met on Monday, November 13th, 1972, immediately following the meeting of the Council Cormnittee to ratify the action of the Committee. His Worship Mayor F. J. Miller presided as Chairman. All Members of Council were present. APPLICATION FOR MUNICIPAL LICENCE - METRO RESTAURANT The City Clerk advised that an application has been received for a licence to re-open the former Totem Pole Restaurant, 6536 Thorold Stone Road. The application has received the necessary approvals of the Public Health Inspector, the Fire Inspector and the Building Inspector. Closing date for the sale of the building is November 15, 1972, subject to the applicant receiving the necessary licence. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the application of Mr. Sue Hin Fang for 1972 t. Restaurant' licence to operate the Metro Restaurant, 6536 Thorold Stone Road as well as a licence to sell cigarettes, be approved. The motion Carried unanimously. ADJOURNMENT The meeting adjourned on the motion of Alderman McKinley seconded by Alderman Puttick. READ AID ADOPTED, Clerk Mayor THIRTY-SEVENTHMEETING Council Chambers, November 20, 1972. REGUIAR MEETING Council met on Monday, November 23, 1972, for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Wilson offered the Opening Prayer. All Members of Council were present. ADOPTION OF MINUTES The minutes of the regular meeting held November 6, 1972 and the special meeting of November 13, 1972, were adopted as printed on the motion of Alderman Wilson, seconded by Alderman Thomson. RELCOME On behalf of Council, His Worship Mayor Miller welcomed the Girl Guides of 4th Stamford Group, St. John's Church who, together with their leaders Mrs. Joselin and Mrs. Mach, were in the Council Chambers as observers. PROPOSED SHOPPING PLAZAS UNFINISHED BUSINESS Report ~598 - City Manager - Re: Connnercial Developnmnt. Referring to a letter from the Ontario Municipal Board which indicates a formal hearing with the Board could be held when the Niagara Square/Canadia applications are ready to proceed. The report ~ugge~ts a,.~ormal hearing at this time would serve no useful purpose and includes comments regarding the desirability of reta ining an advisor; existing zoning; clarification of existing commercial areas; size of development; a re-study of con~nercial patterns in the City and the input to be obtained from the Regional Councillors of N~agara Falls. The report recommends: l) that the City Manager be authorized and directed to select and retain an independent professional person to advise Council and Staff on the strategy and procedures for the developnmnt of conanercial areas at a per diem rate. R) Staff be authorized and directed to review, in consultation with the advisor, the existing zoning by-laws to determine what changes are needed to meet the Ontario Municipal Board requirements. 3) that it be the objective of Council to encourage a reasonable amount of expansion in existing commercial areas. 4) that Council is desirous of having a commercial development consisting of a minimum 1st Phase floor area of 250,000 gross leasable floor area and a mir~ultimate floor area of 450,000 gross leasable floor area, subject to review with the advisor. 5) the Planning Department be authorized and directed to immediately start to collect data for the re-study of commercial patterns in the City and to prepare a study in consultation with the advisor. ORDERED on the motion of Aldernmn Msnn, seconded by Alderman Hunt that Mr.M. Vaughan,Solicitor for Niagara Square be granted permission to address Council. Mr. Veughan expressed the opinion that the p~od~dure and type of study recommended in the staff report is entirely satisfactory and will lead to the development of a Regional shopping centre in the municipality. He urged Council to adopt the report and act on it as quickly as possible. ORDERED on the motion of Alderman Thomson, seconded by Alderman M~rt in that Mr. M. McQuaid, representing Cansdis (Niagara Falls) Ltd. be permitted to address Council. ' Mr. McQuaid agreed with the recommendations contained in the report with the exception of number four which indicates el,desire ~or 250,000 sq. ft. gross leasable floor area in the first phase and 450,000 aq. ft. ultimately. The figures in the report, he said, are lsss than what ia desired for Canadta and suggested approval of the recommendation would connit Council before ~he report of an independent pro~essional advisor was received. o 2- Following considerable discussion, it was moved by Aiderman Puttick, seconded by Alderman Hunt that the report of the City Manager be received and adopted. The motion Csr.riF~ with Alderman Wilson voting contrary and all others in favour. .APPLICATION OF J. C~RISTENSEN Report ~339 - Planning and Development Conmittee - Re: AM-16/72,J. Christensen, Pt.Twp.Lot 17, Concession 1, Twp. of Willoughby. An applica- tion to amend the zoning by-law for the subject property from Rural to Village Residential. Report #599 - Planning and Development Committee - Recommending that Council certify that the application of J.Christensen conforms to Official Plan Amendment No. 29, as amended and approved by the Minister of Municipal Affairs. ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson that the report be received and adopted. See Resolution No.131 APPLICATION OF D. D'ADDIO Report #480 - Planning and Development Cosnnittee - Re: AM-28/72, D.D'Addio, 4410 and 4420 Drummond Road. A rezoning application to permit the erection of a general garage; advising the area is presently zoned Commercial but would not permit the use requested; reconnnending denial of the application. At s regular meeting held September 11, 1972, the City Council received and filed the report of the Planning and Development Committee and approved the application of D'Addio. Report #600 - Planning and Development Connittee - Reconm~ending that Council certify the application of D. D'Addio conforms to the Official Plan Ammndment No.28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs. ORDERED on the motion of Alderman Mann, seconded by Alderman Martin that the report be received and adopted. The motion Carried with Alderman Bearss voting contrary and all others in favour. See Resolution No. 132 COMMUNICATIONS No. 166 - M.J.McQuaid - Re: Canad ia Niagara Falls Limited. Referring to an earlier presentation regarding the initial stages required to be taken by the City to comply with Ontario Municipal Board orde[s; advising that in view of the indications received from members of Couhcil that some recent reports may have set out the Region~s position on the designation of conmartial acreage, a sunnnary of coumenta made at the November 6th meeting of Council is deferred until the reports referred to are examined; summarizing the request of Cansdis to amend and modify Official Plan Amendment No. 58 to provide that Phase 1 comprises 264,000 square feet of gross leasable floor area and Phase 2 would raise the total grnsa leasable floor area to 430,000 square feet. It was moved on the motion of Aldernmn Hunt, seconded by Alderman Puttick that the communication be received and the request not be considered until the applicants provide the municipality with data normally required for Official Plan amendments and, further, when an application is made to the O.M.B., the Board be informed that the. request for increased floor area was made by the applicants and not by the municipality; further, that residents affected by the Official Plan amendment be notified of the proposed changes. The motion was Defeated with the following vote:' AYE: Aldermen Hunt and Puttick. ~E:Aldermen Bearss, Somerville, Galloway, Mann, Martin, .McKinley,Schisler, Jonovich, Thomson, Wilson. it was then moved by Alderman Schisler, seconded by Alderman Martin that the cosmunication be received and filed and the request for increased L - 3 - CommJfi166 (Cont 'd) gross leasable floor area be not considered until the applicants provide the municipality with the data normally required for Official Plan Amendments. The motion Carried. No. 167 - Niagara Falls Jaycats - Re: December 4th Municipal Elections. Advising the Association will be sponsoring a 'Meet the Candidates Night', Wednesday, November 29, 1972, 8:00 p.m. at the Niagara Falls Collegiate Auditorium. Advising that only the candidates for the Mayoralty will be participating in the speeches. ORDERED on the motion of Alderman Puttick, seconded by Alderman Bearss that the connnunication be received, the date of the meeting noted and the partici- pants notified of the event. No. 168.- Industrial Accident Prevention Association - Requesting that the month of January be proclaimed as "Safety Month". ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the conm~unication be received and the proclamation approved in accordance with established policy. No. 169 - Canada Safety Council - Requesting endorsation of Safe Driving Week, December 1st to 7th, inclusive. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the ~ conmaunication be received and the municipality endorse and support Safe Driving Week. No. 170 -.W. Bean, Team Manager, Stamford Centre Fire Department Bantam Baseball Team, All-Ontario Champions. Requesting that the City donate approximately $160.00 for the purchase of crests bearing the City's name; advising that any donation will be appreciated. ORDERED on the motion of Alderman Wilson, seconded by Alderman Bearss that Mr. Bean be granted permission to address Council. Mr. Bean displayed the crests provided to the team by the Ontario Baseball Association which were unsatisfactory and did not bear the City's name. The City Clerk pointed out that the Achievement Award Dinner was instituted as an alternative to supplying Jackets or crests to local organiza- tions or teams. As All-Ontario Champions, The Stamford Centre Fire Department Balltam Baseball Team, will be eligible for Achievement Awards in 1973. ORDERED on the motion of Alderman Galloway, seconded by Alderman Mann that the connnunication be received and filed. The motion Carried with the following vote: ~YE: Aldermen Bearss, Somerville, Galloway, Hunt,"~iann, Martin, McKinley,Schisler, Jonovich, Wilson. NAYE:Aldermen Puttick and Thomson. No. 171 - Downtown Business Association - Requesting permission to erect "Santa's House" on Centennial Square from December llth to 23rd, 1972. ORDERED on the motion of Alderman Wilson, seconded by Alderman Somerville that the communication be received and the request approved on condition the City is provided with proof of adequate public liability insurance and all utilities be supplied at the expense of the Association. No. 172 - Ministry of the Environment - Re: Improving the standard of Plumbing Inspections. Requesting that the matter of re-inspection of plumbing sys tams be brought to the attention of Council for the purpose of ensuring that existing plumbing inspection programs are critically reviewed and the needs of the CityIs plumbing inspection staff are considered. ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the comnunication be received and referred to Staff 'for a report. No. 173 - Bell Canada - re: Applications for Approval of New Telephone Rates. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the communication.be received and the City Clerk be directed to contact the Association of Municipalities of Ontario to determine if the Association, as a group, propose to object;l,,1 to the applications for increased ratesand, further, that arrangements be made for representatives of Bell Canada to meet with Council and provide sn explanation as to why the proposed increases are warranted. The motion Carried with the following vote: AYE:Aldermen Bearss, S~e'~le, Galloway, Mun~, Martin,McKinley,St islet, homson. ~E:Aldermen Puttick, Wilson, Nann an~ Jonov~h. -4- Conmunications (Cont'd) No. 174 - Regional Municipality of Niagara - Re: Niagara Falls South Side Sewer System. Requesting the closure of Oldfield Road during the period of February to September 1973 to facilitate the construction of a sanitary trunk sewer. ORDERED on the motion of Alderman Schisler, seconded by Alderman Puttick that the request be approved and Regional authorities be reminded of the importance of maintaining adequate access facilities to C.I.L.Industries at all times. No. 175 - Ministry of the Environment - Referring to an article in the Evening Review regarding the action taken by the City of Niagara Falls to eliminate the problems associated with leaf burning; expressing appreciation to Council, the Engineering Department and the Fire Department. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the conanunication be received and filed. REPORTS No. 601 - City Clerk - Report of the Council Coranittee. I, ROBINSON STREET BRIDGE - The Council Committee recormnended approval of a proposed four-lane roadway running easterly from Clark Street, the alignment of Ontario Avenue extended and an application by the City to the Canadian Transport Cor~ntssion for funds to construct a three-span bridge over the Penn Central right-of-way at Robinson Street. It was noted the property owners affected included Welland Securities, Niagara Wire Weaving, the SkyIon, the proposed Botyanski development and the Niagara Parks Conanission. Alderman Thomson stated the Cascade Motel property would also be affected and suggested the owners should be bronght up to date on the proposed changes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Thomson that the recommendation of the Council Committee be adopted. 2. BRIDGE STREET - STANLEY AVENUE INTERSECTION - Recon~nending the Region be authorized to proceed with necessary improvements to the intersection of Bridge St. and Stanley Ave. on the understanding that the dedication of the required land will not in any way prejudice the City's position as to a policy regarding the acquisition of lands by another authority. QRDERED on the motion of Alderman Wilson, seconded by Alderman Somerville that the reconmaendation be adopted. The motion Carried with Alderman Galloway voting contrary and all others in favour. ~ 3. REMUNERATION FOR ELECTION WORKERS - Recommending that for the purpose of the 1972 Municipal Election, the following rates be paid: Deputy Returning Officers - $30.00; Poll Clerks - $25.00 and Pblltng Stations - $25.00. ORDERED on the motion of Alderman Mann, seconded by Alderman Bearss .that the recommendation of the Council Conmittee be adopted. Report No.602 - City Manager - Re: Acquisition of Property by Regional Municipality of Niagara. Not(rig that at the Council Conmittee meeting of November 13, 1972, a suggestion was made regarding the acquisition of area municipal property by the Regional Municipality of Niagara for road construction purposes. A policy for future use when properties are required by the Region was proposed and the report enumerates a number of reasons why such a policy should be established. The report rec~mLends adoption of the suggested policy fully outlined in the report ard that it be forwarded to the Regionsl Municipality of Niagara for consideration and possible ratlficetion. ORDERED on the motion of Alderman Wilson, seconded by Alderman Puttick that the report of the City Manager be received and adopted. No. 603 - Planning and Development Committee - Re: W.G.L.Apartmauts Ltd. Pt.Block A, R.P.245, Meadowvale Drive, AM-33/7'2. The requested sonlug amendment would permit three semi-detached lots. Rec~u~nding approval of the application including a change in the road width of the cul-de-sae from 50 feet to 60 feet and recommending further that Council certify the application confoLm~s toO~ficial plan Amendment No. 28 of the Niagara Falls Planning Area. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the report be received and adopted, See Resolution No. 133 - 5 - Reports (Cont'd) No. 604 - Planning and Development Con~nittee - Submitting a copy of a letter from the Grandoni family who own property west of Kalar Road expressing their concern about the future location of Morrison Street. The report indicates that the exact location of Morrison Street west of Kalar Road is not fixed at this time and the extension would likely be some time in the future. ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the report be received and filed. No. 605 - City Manager - Re: Emergency Lighting System for the Niagara Falls Memorial Arena. Requesting permission to call tenders for the proposed work. ORDERED on the motion of AIderman McKinley, seconded by Alderman Hunt that the report be received and adopted. No. 606 - City Manager - Re: Weed Control. Reviewing the City's Weed Control program; submitting comparative figures for the years 1970, 1971 and 1972. Noting that the present Weed Inspector, if re-appointed, will retire at the end of the 1973 season and recommending that he be provided with a full time assistant; recommending further that in future, it become the duty of the Weed Inspector to fully enforce the Weed Control Act; advising that revisiVns affecting the control of weeds and enforcement of the Act will be brought to the attention of Council prior to the appointment of a Weed Inspector in 1973. ORDERED on the motion of Alderman Mann, secunded by Alderman Wilson that the report be received and adopted. No. 607 - City Manager - Re: E.S.Fox Lim~ ed and Proposed Exchange of Land between the City and Vincent Kerrio-Germano Ltd. The exchange of land for the purpose of providing a site for a railway spur leading to the Fox property was previously approved by Council. Advising that the by-law to authorize the exchange appears on the agenda. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that the report be received and filed and the land exchange approved. See By-law No. 72-210 No. 608 - City Manager - Re: Unit Rig Equipment Co.(Canada) Ltd. and Homewood Avenue. Advising that a by-law to authorize the sale and exchange of land and a liceace agreement respecting an unused portion of Homewood Avenue and the abutting land purchased by'the City, has been prepared and appears elsewhere on the ageado. ORDERED on the motion.of Aiderman Bearss, seconded by Alderman Thomson that the report be received and filed. See By-law No. 72-209 No. 609 - City Manager - Re: Benches at Bus Stops. Noting that Council previoosly approved an agreement with the B~Nai Jacob Sisterhood for placing benches at bus stops; advising that a by-law permitting the placing of benches and an agreement appears elsewhere on the agenda. The report was received and filed on the motion of Aiderman Bearss,seconded by Alderman ThomSon.i. See By-law No. 72-212 No. 610 - City Manager - Re: By-law Respecting Fires. Advising thata new by-law applicable to the enlarged City has been prepared and approved by Fire Depart- ment officers; recommending . the by-law be passed by Council. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that th~ report be received and adopted. See By-law No.~2-211 No. 611 - City Manager - Re: Future Council Meetings. Reconnnend ing that a special meeting of Council be held on Monday, November 27th; that the regularly scheduled Council meeting of December 4th be cancelled; that a regular Council meeting be held on December llth and a Council Committee meeting be'held on December 18, 1972. ORDERED on the motion of Alderman Martin~ seconded by Alderman Galloway that the report be received and adopted. No. 612 - City Manager - Re: Resolutions from Ontario Municipalities. 1. City of London - A resolution requesting the Ministry of Transportation and Conw~unications to alter the method of calculation of subsidies receivable from .8 cash .basis to an accrual basis; recorlm~el~ ing endorsation of the resolution and the Ministry and the A.M.O. be advised accordingly. ORDERED on the motion of Aldermen Wllson~ seconded by Alderman Martin that the recoum~endation be adopted, · -6 - Report ~ 612 Coni'd. 2. City of Sarnia - Proposed reduction of library grants. Advising that assurance has been received from the Director of Public Libraries that the 1973 grant will be approximately the same as that received in 1972; recommending that inasmuch as the information from the City of Ssrnia conflicts with information received from local library authorities, the 'resolution be received and filed and the City of Ssrnia be notified of this City's findings. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the recon~nendation be approved. 3. City of Woodstock - Requesting the Ministry of Health to review the basis epon which nursing home beds are allocated; recommending endorsa- tion of the resolution. ORDERED on the motion of Alderman Thomson, seconded by Aldermen Wilson that the reoonm~endat~on be adopted. 4. City of Pembroke - A resoletion expressing dissatisfaction with Provincial and Federal censorship of movies, books and television. Alderman Puttick noted :;I.~ the resolution as prepared by the City of Pembroke suggested that the Board in charge of censorship "start to act or be replaced" and stated Council should not approve the replace- ment of the Board. Members of Council agreed that while they did object to the level of censorship, they wouid not approve the replacement of the censorship board. Alderman Thomson said censorship was the responsi- bility of the Hon. J.Clement, Minister of Consumer and Coranercial Relations, and suggested a copy of the resolutimn be forwarded to him. ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that Council approve that portion of the Pembroke resolution dealing with the level of license currently evident in books, magazines, films end television programming and the measure of review presently exercised. 5. Town of Whitby - A resolution requesting the Province of Ontario to provide capital incentive grants to municipalities for the repair of existing or construction of new arenas. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the resoletion from. the Town of Whitby be endorsed. 6. City of St.Thomas - City of Sarnia - A resolution expressing dissatis- faction with a decision of the Ministry of Conununity and Social Services to terminate payment of grants under The Community Canires Act to munici- palities having a population in excess of 25,000. Recommending that both resolutions be endorsed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Martin that the recommendation be adopted. No. 613 - Lottery Licensing Officer - Recommending approval of applications to manage and conduct lotteries. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the report be received and adopted. No. 614 - City Clerk - Reconnnending the granting of Municipal Licenoes. ORDERED on the motion of Alderman Wilson, seconded by Alderman Runt that the r~port be received and approved and licenoes granted. No. 615 - City Manager -Reeommending payment of Municipal Accounts. ORDERED on the motion of Alderman Bearas, seconded by Alderman Wilson that the report be received and adopted. RESOLUTIONS No. 131 - SCHISLER - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Fells certify that the application of J.Christenaen, AM-16/72,Pt.Twp.Lot 17, Concession 1, former Township of Willoughby,conforms to Official Plan Amendment No. 29 o~ the Niagara Falls Planning Area, as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 7 - Resolutions (Coni'd) No. 132 - MANN - MARTIN - RESOLVED THAT THE Council of the Corporation of the City of Niagara Falls certify that the application of D.D'Addio, AM-28/72 for the rezoning of property known as 4410 and 4420 Drummond Road conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affairs; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Bearss voting contrary and all others in favour. No. 133 - WILSON - MANN ~ RESOLVED that the Council of the Corporation of the City of Niagara Falls certify that the application of W.G.L.Apartments Ltd. for the rezoning of property known as Pt. Block A, R.P.245, Meadowvale Drive, AM-33/72, conforms to the Official Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved by the Minister of Municipal Affa ira; AND the Seal of the Corporation be hereto affixed. Carried Unan.'.~nously No. 134 - SCHISLER - WILSON - RESOLVED that the Municipality of Niagara Falls petition the Department of Transportation and Communications for interim payment under the Public Transportation and Highway Improvement Act on expenditures made in the year 1972; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 135 - BEARSS - MCKINLEY - RESOLVED that s message of sympathy be forwarded to the family of the late Alvin Albert Eidt, a respected resident of the Municipality and father of C.H.Eidt, Regional Director of Engineering; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 136 - GALLCWAY - HUNT - RESOLVED that a letter of condolence be forwarded to the family of the late John J. Gogul, respected businessman and resident of the Municipality for many years; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 137 - MARTIN - GALLOWAY - RESOLVED that a special meeting of Council be held on Monday, November 27th, 1972; that the regularly scheduled Council meeting of December 4th be cancelled; that a regular Council meeting be held on December llth and a Council Con~nittee meeting be held on December 18,1972 with all meetings commencing at 7:30 p.m.; AND the Seal of the Corporation be hereto affixed. Carried Unanimously PETITION A petition requesting an ice rink at the Bridge Street Athletic Grounds was withdrawn from the ageads and referred to the Recreation Commission on the motion of Alderman Mann, seconded by Alderman Hunt. Carried Unanimously. NEW BUSINESS INDUSTRIAL HOCKEY LEAGUE Alderman Wilson advised that representatives of the Niagara Falls Industrial Hockey League have been invited to participate in a hockey tourna- ment in Washington, D.C. on December 16,1972. The Alderman suggested that perhaps the Niagara Resort and Toilet Association or the Niagara Promotion Association would be interested in providing some token of goodwill. SANITARY lANDFILL SITE Alderman Wilson reported receiving complaints about the closing of .the City dump on November 13th, Remembrance Day. Although there was an · employee on duty, a road grader had been pulled across the roadway. The Alderman suggested that local contractors who wanted to use the facilities should have been allowed to enter the site. SNOWPLOUGBING Alderman Wilson was critical of the fact that sidewalks had not been ploughed during a recent snowstorm. Mayor Miller had been advised that sidewalk ploughtng had not been undertaken because there was no frost in the ground and the equipment would ~ave damaged the sod considerably. - 8- ADDITION TO HOSPITAL Alderman Wilson expressed his concern about the recent announcement of the cancellation by the Ministry of Health of losns and grants to the Niagara Falls Hospital for the construction of an ambulatory care and outgoing patient unit. Alderman Thomson enquired as to what the City could do to indicate their support to the hospital. The City Manager replied that meetings had been held with the City Treasurer and representatives of the Hospital Board but, at this time, the hospital's next step is not known. ORDERED on the motion of Alderman Wilson, seconded by Alderman Thomson that the-Hospitsl Board be advised that they have the support of the City Council in whatever sction is required to enable the construction of the new addition to the hospital to continue. SORORITY BAKE SALE ORDERED on the motion of Alderman Jonovich, seconded by Alderman Galloway that a request by the Iota Sigma Phi Sorority for permission to hold s bake sale on Saturday morning, December 23rd, 1972, be approved. The sale will be hald at the corner of St. Clair Avenue and Queen Street in front of the Lincoln Trust Building. MUNICIPAL ELECTION Alderman Hunt enquired if the electors are notified of the location of election polls. The City Clerk replied that under new legislation, the municipality is required to send postcards to each resident telling them where to vote. EXTENSION TO STAMFORD MEMORIAL ARENA Alderman Thomson suggested that, pending the report regarding the proposed extension to the Stamford Memorial Arena, alternate locations should be investigated. He cited the need for additional ice facilities in the north-west section of the City and suggested consideration be given to either Mitchelson Park or the Optimist Park. The Alderman also considered it advisable to have all the infornmtion available regarding the former Starlira Theatre property where it has been suggested a new arena shnuld be constructed. Mayor Miller noted that during the Council Committee meeting there was no discussion regarding the necessity of installing new brine tanks and it was his understanding that present equipment would be sufficient to service a satellite arena. Alderman Martin, aI member of the Arena Board explained that the "chiller" equipment is very old and its replace- ment has been considered by the Board for many months. The estimated cost of the equipment is $15,500. INDUSTRIAL DEVELOPMENT Alderman Puttick referred to a meeting with the Business and Industrial Growth Committee during which Council hsd been advised of a potential industry, and enquired if there were any recent developments or if the finn had located elsewhere. The City Manager indicated there had been no change in the proposal since Council was briefed prior to his departure for 'Germany and the finn had not yet selected a locat ion. Alderman Puttick suggested Council and-the general public should have a full report about the details of the Industrial Tesm~s trip to Germany. The City Manager replied thst it had been arranged for a report to be presented at the next Council meeting. It was noted by Alderman Puttick that a lar8e truck centre had been established on Moatrose Road South end he requested information regarding the status of a proposed distribution centre in the area. · Council, he said, had not been 'informed of the details regarding the owner of the property and who wished to develop it. The Alderman had received information that the City had paid $800 more per acre to - 9- option the land than the amount paid by another developer. The City Manager stated that this project was being developed by the Business and Industrial Growth Committee. He confirmed that the proposed development was not a '~ead issue" and negotiations are presently underway with certain developers. COMMERCIAL DEVELOPMENT IN ST.CATHARINES Alderman Puttick referred to ear liar cormnents regarding the establish- ment recently of a new shopping plaza in the City of St. Catharines on Glendale Avenue opposite Pen Centre and stated it was already zoned properly and had been approved eight years previously. The Alderman pointed out that plazas in St.Catharines were approved prior to .that City having a Draft Official Plan. HURON STREET - BEIWEEN FIRST AVE. AND VICTORIA AVE. Alderman Martin reported receiving complaints about parking problems on Huron St, between First Ave. and Victor ia Ave. and the inability of residents of the area to get out of their driveways. A suggestion that the block be metered or parking restricted to two hours was referred to staff. SPEED LIMITS - THOROLD STONE ROAD Alderman Martin questioned the speed limits on Thorold Stone Road in the area of the Q.E.W.overpass. He pointed out discrepancies in the signing and suggested that speed limits for both eastbound and westbound traffic should be the same. The matter was referred to staff. RECEPTION FOR NEW CANADIANS Alderman Bearss reported the success of the reception for new Canadians which had been held in the Council Chambers and the City Hall cafeteria. She expressed appreciation for the small teaspoons presented to those receiving their citizenship by the City as a memento of the occasion. On behalf of the I.O.D.E. she thanked Council and staff with a special commendation to Miss Barbara Scott of the Clerk's office who had made the necessary arrange- ments. · PARKING DURING HOSPITAL CONSTRUCTION Alderman McKinley reported that residents of North Street between Portage Road and Drummond Road have requested two hour parking until the construction st the Hospital is completed. The matter was referred to the Projects Engineer. ROCK FALL - NIAGARA GORGE Alderman McKinley conmented on the recent rock fall in the lower Niagara River gorge and expressed concern about the possibility of additional falls along River Road. He noted the wall near Table Rock had been reinforced and suggested the Niagara Parks Commission should be consulted about the possibility of similar precautionary measures at other parts along the gorge as a winter works program. Alderman Thomson, Council's appointee to the Parks Conmission, mentioned the exorbitant cost of the remedial work at Table Rock but agreed to bring the suggestion to the attention of the .Connnission at the next meeting. Aldernmn McKinley's motion to have con- sultations with the Niagara Parks Conmission and the Ontario Hydro about the suggestion was seconded by Alderman Thomson. TRANSIT CO~ISSION SHUTTLE AND TOUR SERVICE Alderman Puttick referred to a booklet prepared by the Greater Niagara Transit C~m.ission which published unsolicited letters received from persons using the shuttle and tour service and suggested the report ehould be made public. TRANSPORTATION FOR THE HANDICAPPED Alderman Thomson noted that a report prepared by the Social Planning Council regarding Transportation for the Handicapped included suggestions about the type of service that could be provided. He requested that a letter of commendation be forwarded to the Social Planning Council end the Transit Conmission be provided with e' copy of the report. .o..o 10. - 10 - BY-LAWS No.72-171 - A By-law to amend By-law No. 71-124 respecting the construction of a storm sewermain crossing the Queen Elizabeth Highway. THIRD READING - Alderman Wilson and Alderman Martin. Carried Unanimously No. 72-203 - A By-law to authorize the construction of watermains as improvements and extensions to the water supply system in the Urban Service Areas of the City. (NO READINGS ONLY) ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that Alderman Thomson be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Thomson, seconded by Aldermau Mann that the By-law be now given a second reading. The motion Carried with Alderman Wilson voting contrary and all others in favour. No. 72-208 - A By-law to authorize the sale of land.(Cristelli & Dem~io) ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Hunt that the By-law be now given a second and th~ d reading. Carried Unanimously No. 72-209 - A By-law to authorize an exchange of land and a licence agreement with Unit Rig & Equipment Co. (Canada) Limited. ORDERED on the motion of Alderm~n!!Hunt,seconded by Alderman Mann thatAlderman ~earss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Aldermen Bearss, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-210 - A By-law to authorize an exchange of land with Vincent Kerrio-Germano Limited. ORDERED on the motion of Alderman Schisler, seconded by Aldermen Thomson that Alderman Jonovich be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the mot ion of Alderman Jonovich, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously No. 72-211 - A By-law respecting fires. ORDERED on the motion of Aideman McKinley, seconded by Aideman Wilson that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously - 11- By-law No.72-211 (Cont'd) ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unan~mus ly No. 72-212 - A By-law to authorize the placing of benches at bus stops on City Streets. ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried UnanimousiF ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-213 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman Martin, seconded by Alderman Hun~ that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously ADJ OURNM~NT The meeting adjourned at 10:30'p.m. on the motion of Alderman~McKinley, seconded by Alderman Martin. READ AND ADOPTED, Mayor THIRTY-EIGHTH MEETING Council Chambers, November 27, 1972. REGULAR MEETING Council met on Monday, November 27, 1972, for the purpose of considering general business. His Worship Mayor F. J. Miller presided as Chairman. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hunt noted the minutes of the November 20th meeting referred to Report #339 which was submitted to Council previously and indicated the applica- tion of 3. Christensen was for an amendment to the zoning by-law of the former Township of Willoughby to change the designation of his property from rural to village residential. It was the decision of Council on June 22, 1972 to amend the by-law in regard to frontage only. It was confirmed by the Planning Adminis- trator that the zoning would remain rural. The minutes of the regular meeting held November 23, 1972 were adopted on the motion of Alderman Mann, seconded by Alderman Wilson. UNFINISHED NIAGARA FALLS PUBLIC LIBRARY BUSINESS Comm.~163 - Niagara Falls Public Library Board - An application for the approval of $1,100,000 to be raised by municipal debentures to pay for part of the cost of building a new public library. Note: At the meeting of November 6th it was the decision of Council to have a by-law prepared approving the raising of $1,100,000. (the amount in the 1972 Capital Budget for the new library building) and the remainder of the cost be referred to the 1973 Council. Comm.~176 - Niagara Falls Public Library Board - Advising that the architect and building consultants were asked to make revisions in the plans for the new library with a view to reducing the total estimated cost; advising that proposed savings result in a reduction of $285,000; requesting approval of $1,400,000 to pay for the construction of a new main library building. Report #616 - City Manager - Re: New Public Library. Suggesting the approval of a by-law to raise the $i,400,000. requested by the Library Board provided the expenditure is within the limits of the total amount included for all purposes in the 1972 Capital Budget; noting that capital expenditures in the 1972 Budget include projects for which no commitment will be made in 1972; recommending that $65,000 for a market building and $235,000 for bridges be deleted from the 1972 Capital Budget and they be added to the budget figure for the library. The deleted projects will be included in the 1973 Capital Budget Program and considered by City Council in January 1973. ORDERED on the motion of Alderman Wilson, seconded by Alderman Martin that Mr. George Hamilton, Ohairman, of the Library Board, be granted permission to address Council. Mr. Hamilton commented on the importance of library services in the community. Film, record, music, picture loan services and story telling hours are also provided. The Library Board, he said, has worked long and hard to get the best value for every dollar because of their concern about the City's problems and the taxpayer. In addition, the architect has been instructed to utilize local workers and businesses wherever. possible. ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that Donald N. Chapman, Architect, be granted permission to address Council. Replying to questions raised by Alderman Runt, Mr. Chapman indicated that archltect's fees include design and selection of special furnishings and equip- ment, rugs, drapes, shelving, cataloguing, files as well as the se~ction and purchase of items for the historical and theatre portions of the building. He confirmed that open public tenders will be called and every effort will be made to ensure that local people will beworking with the contractor. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the comunication from the Niagara Falls Public Library Board and the report of the City Manager be received and filed. o 2- New Public Library (Cent'd) ORDERED on the motion of Alderman Thomson, seconded by Alderman Martin that By-law No. 72-214 be brought forward for consideration at this time. By-Law No.72-214 - A By-law to approve an application of The Niagara Falls public Library Board for the issue of debentures in the principal amount of $1,400,000. (Two Readings Only) ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman McKinley that the By-law be now given a second reading. Carried Unanimously PROPOSED SATELLITE ARENA Report No.617 - City Manager - Report on proposed Satellite Arena. The report reviews the action of the Recreation Commission and cormnents on the planning, parking and financial aspecta of the proposed extension to the Stamford Memorial Arena which would provide an additional ice surface for the fall of 1973; advising that the Recreation Director, City Treasurer, Flanning Administrator, Building Inspector, Projects Engineer and City Manager unanimously agree with the following recom- mendations: 1) that Council approve the construction of a satellite arena at the Prince Edward Park, adjacent to Stamford Memorial Arena, at an.estimated cost of $256,000. and give two readings to the by-law appearing on the agenda. 2) that the Stamford Memorial Arena and Community Centre Board provide refrigeration and administration for the satellite arena. 3) that Council.recommend to the new 1973 Council. that .a minimum of $250,000. be included in the 1973 Capital Budget toward a recreation complex. 4) that Council, by resolution, place in reserve, the $50,000. provided in the 1971 and 1972 Operating Budgets for Chippawa recreational facilities 5) application be made to the Committee of Adjustment to permit this extension to the existing Stamford Memorial Arena 6) that Donald N. Chapnmn and Associates be retained as architect for this project. ORDERED on the motion of Aldernmn McKinley, seconded by Alderm~WilSon that Dr. George LaMastars be permitted to address Council. Dr. LaMastars, president, Stamford Skating Club, conunented on the need for additional ins surfaces for figure skating purposes as well as hockey. Local skaters have found it necessary to travel to other centtea to obtain ice time and the Stamford Club is unable to accept more than the present 500 memberships. A twin ice surface at the Stamford Memorial Arena, he said, would encourage figur.e skating in the municipality and provide facilities for figure skating competitions. ORDERED on the motion of Alder~mn Bearss, seconded by Alderman Schisler that Mr. Bill Mitchell be granted permission to address Council. As spokesman for the Niagara Falls Minor Hockey Association, Mr. Mitchell asked the members of Council to approve the Stamford Arena site for the proposed new ice surface for various reasons: the greater percentage of the c~unitY~s youth reside in the northern section of the City; the satellite arena would be a practical and economical method of providing facilities for m,nor hockey; suether locatLon would be inaccessible to many hockey players because of lack of parental and adult interest. Mr. Mitchell provided the following statistics~ 1960, 675 boys participated in hockey in two arenas, in 1972 there are 1814 boys participating. In 1960 there were 28 hockey teams, today there are '8~ team, 75 hours are siloted for m~nor hockey; 212 hours -3- Proposed Satellite Arena (Cent'd) are required. In stressing the immediate need for additional ice facilities, Mr. Mitchell said that even with the establishment of the satellite arena, the requirements of minor hockey will still not be met. ORDERED on the motion of Alderman Galloway, seconded by Alderman Thomson that Mr. Earl A~lebone be granted permission to address Council. At the Council meeting of November 6th a prepared brief regarding the proposed satellite arena was read. For the benefit of those members of Council who were not at that meeting and for other interested persons, bt. Altebone reviewed the brief which expressed the views of the Citizens Action Committee and their concern about the lack of recreational facilities in the fo~er Village of Chippaws. ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that Mr. Fred Weston be granted permission to address Council. Mr. Weston suggested that not enough information was available regarding the benefits, servicing and costs of alternate sites. Alderman Thomson referre~. to the report of the City Manager and attached documents which provided many details and all the information requested by Council previously. He suggssted that all interested parties should be supplied with a copy of the report and the appendices. The suggestion was approved by Council on the motion of Alderman Thomson, seconded by Alderman Wilson. Foliowing considerable discussion during which members of Council expressed their personal views, it was moved by Alderman Puttick, seconded by Alderman Bearss that the report of the City Manager regarding the proposed s~ellite arena be received and adopted and the six recommendations enumerated in the report be approved. The motion ~.arried with the following vote: ~YE: Aldermen Bearss, Galloway, Martin, McKinley, Puttick, Schisler, Jonovich, Thomson, Wilson. .NAYE:Aldermen Mann, Somerville and HuBt. COMMUNICATIONS No. 177 - Renzo Bosco - Comments re: Proposed Niagara-on-the-Lake rezoning by-law for Queenston Quarry purposes. Advising that the Queenston Quarries has offered a set-back of 200 feet behind the Bevan Heights boundary and 175 feet behind Melrose Drive but has made no mention of a set-back from Townline Road where the writer lives; requesting the ass istance of Council. ORDERED on the motion of Alde~nan Galloway, seconded by Alderman Thomson that the communication be received and tabled for consideration when notification is received that the by-law has been passed by the Town of Niagara-on-the-Lake. No. 178 - City of Windsor - Re: Essex County Flood Relief Fund. Inviting the Municipality to support the cause and advising that all donations will be matched by the Province of Ontario. ORDERED on the motion of Alderman Puttick, seconded by Alderman McKinley that the communication be received and the City of Niagara Falls contribute $1,000. to the Essex County Flood Relief Fund. REPORTS No.618- City Manager - Re: Industrial Visit to West Germany. Advising of the major industrial centtea visited by the industrial group; the distribution and translation to the German language of the industrial brochure, market, wage and employment surveys and a summary of the 1971 Economic Report; advising that approximately 170 contacts were made with manufacturing firms, Geman and Canadian banks, governmental offices and officials, institutions, Chambers of Commerce and trade shows; expressing confidence and optimism about the immediate and future results of the German trip and the hope that a Joint meeting ~an be arranged within the next few weeks between the Business and Industrial Growth Co~nittee and City Council to discuss the trip. in more detail when additional information. and comments can be provided by the four Niagara Falls representatives. Report No.618 (Coni'd) The report indicates that licensing arrangements have been made between a German manufacturer and a local company and Alderman Galloway requested further information. The City Manager explained that the item will be manufactured in Niagara Falls by a local industry under the licensing agreement. ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report of the City Manager be received and filed. No. 619 - City Manager - Re: Site Plan, Block E, N.S.15, Heritage Homesteads. The proposal is for the development of three separate buildings having a total of twenty-seven rental units; recommending approval of the site plan as submitted. ORDERED on the motion of Alderman Hunt, seconded by Alderman Wilson that the report be receivdd and adopted. No. 620 - City Manager - Re: Earth Berm - Heritage Homesteads Subdivision. Noting that the agreement with the municipality provides for s sound barrier in the form of an earth berm ~b be constructed before a building permit is issued; recon~nending approval of necessary changes to the Subdivider's Agreement to permit the issuing of building permits for the construction of the 4-plex dwelling units on the lots adjoining the railway line, before the sound barrier is placed, providing the buildings not be occupied until the sound barrier is constructed. ORDERED on the motion of Alderman Schisler, seconded by Alderman Martin that the report be received and adopted. No. 621 - City Manager - Re: 1972 Current Budget Items for Municipal Service Centre. Recommending acceptance of'the following tenders: 1) Heating - Daw Sheet Metal Heating - $5,090.00 2) Insulation - Stamford Insulation Co. Ltd. - $4,378.00, excluding taxes. 3) Roofing - Columbus Plate Works Ltd., - $1,286.00. excluding taxes. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and adopted. See Resolution No. 139 No. 622 - City Manager - Re: 1972 Reserve Resolution. Advising that the carrying forward of funds to complete work which overlaps the fiscal year end is in accordance with proper accounting procedures and ap~revedthyl~the City auditors; requesting approval of the formal resolution to transfer certain current budget funds to reserves. ~ ORDERED on the motion of Alderman Galloway, seconded by Alderman Martin that the report be received and adopted. See Resolution No.140 Note: Alderman Mann retired from the Council Chambers. No. 623 - City Manager - Re: Rating By-law for $983,000. Debenture Issues. Advising that a by-law to provide for the levy of rates to pay the principal and interest on a recent debenture issue of $983,000. has been prepared and appears elsewhere on the agenda. ORDERED on the motion of Alderman McKinley, seconded by Alderman Wilson that the report be received and filed. See By-law No.72-222 No. 624 - City Manager - Re: Tenders for Standby Equipment'for Winter Maintenance. Recc~mnending acceptance of the tendered price of $24.50 per hour, submitted by Provincial Grading and Excavating for the first unit under Part A; the tendered price of $20.00 per hour submitted by Provincial Grading and Excavating for the second unit under Part A; the tendered price 'of $28.50 per hour, submitted by Demote Bros. for the first unit under Part C be accepted; the tendered price of $24.50 per hour, submitted by Demote Bros.for the second unit under Part C end the tendered price of $20.50 per hour, submitted by Woodington Systems Lid. for the third unit under Part C, ORDERED on the motion of Aldermen Marttn~ seconded by Alderman Thomson that the report be received and adopted. The motion Carried with Aideman Wilson Vo~ing contrary and all others in layout. See Resolution No.141 - 5 - Reports (Coni'd) No. 625 - City Manager - Re: AM-25/72 and 27T-23113 Proposed Subdivision, Leawood Estates, Dunn Street (former Weaver property). Advising that repre- sentatives of the Plans Administration Branch have suggested that the park area lying between the Weaver Homestead and Dunn Street be dedicated to the Municipality as a condition of the subdivider's agreement and the balance of the land required by The Planning Act for public purposes be covered in the form of a cash in lieu payment; suggesting that the conditions of approval of the subdivision be amended to read: 2.(s) the owner dedicate for Municipal purposes the lot immediately north of the Weaver Homestead and (b) that cash in lieu for park purposes be obtained based on 5% of the land, less the lot dedicated for Municipal purposes. ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report be received and adopted. No. 626 - City Manager - Re: Canadian Association of Municipal Administrators. Requesting permission to represent the City of Niagara Falls on the Executive Board and to attend meetings as required; advising that the next meeting is scheduled for Montreal on December 8, 1972. ~ote: Alderman Mann returned to the Council Chambers. ORDERED on the motion of Alderman Bearss, seconded by Alderman Mar~in that the report of the City Manager be received and adopted and the request to serve on the Executive Board of the C.A.M.A. be approved. No. 627 - City Manager - Re: Transit StUdy. Advising that arrangements have been made for Acres Consulting Services Ltd. to formally present the Transit Study report at the meeting of December 11, 1972. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and filed. No. 628 - Lottery Licensing Officer -' Reconmend ing approval of applications to manage and conduct raffle lotteries and approval of the request of the Niagara Training and Employment Agency Inc. for permiss ion to sell tickets in the City in connection with a proposed lottery in Port Robinson. ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the report be received and adopted. No. 629 - City Clerk - Recommending approval of Municipal Licences. ORDERED on the motion of Alderman Hunt, seconded by AldermanWilson that the report be received and adopted and licences granted. No. 630- City Manager - Recommending approval of Municipal Accounts. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wilson that the report be received and adopted, RESOLUTIONS NOTflag - PUTTICK - BFARSS - RESOLVED that the amount of $50,000 presently in the 1971 and 1972 OoR~f Budget and allocated for Chfppawa recreational facilities be transferred to a reserve&lu,~,I- AND the Seal of the Corporation be hereto affixed. Carried No. 139 - THOMSON - WILSON - RESOLVED that the contracts for certain works at the Municipal Service Centre be awarded as follows: 1) Heating - Dew Sheet Metal Heatingin the amount of $5,090.00 2) Insulation - Stamford Insulation Co. Ltd. in the amount of $4,378.00 excluding taxes, and 3) Roofing - Columbus Plate Works Ltd. in the amount of $1,286.00, excluding taxes; AND the Seal of the Gotpotation be hereto affixed. .Carried No. 140 - GALLOWAY - MARTIN - RESOLVED that the Council of the City of Niagara Fails hereby authorizes and d tracts that the following amounts be established as reserves accounts and said amounts be used for the purposes set out hereunderl,- -6 - Resolution No.140 (Coni'd) Amount 84,000 8. Chippaws Recreational Facilities 50,000 9. Perking Lot for Stamford Memorial Arena 4,400 Budget Budget Year Account 10. Market Development in North End of City 9,500 AND THE SEAL OF THE CORPORATION BE HERETO AFFIXED. 1. Niagara Falls Memorial Arena for: Heating System $10,000 1972 ~12415 Emergency Lighting 6,000 1972 ~12415 2. Stamford Volunteer Firemen'a Swimming #12176 Pool 35,000 1972 #12177 3. Crowland Park Site 10,000 1972 #12175 4. Greasy Brook Park Site 15,000 1972 #12178 5o Urban Renewal properties 11,000 1972 #12790 6. Christmas Street Lighting 4,000 1972 #10877 7. Property Purchase for Roadways and 1972 #11257 Palmet Ave. extension ' 1971 #11257 1970 #11257 1971 #12173 1971 ~12500 1971 #12000; Carried Unanimously No. 141 - MARTIN - THOMSON - RESOLVED that the following tenders for Standby Equipment for Winter Maintenance be eccepted: 1. The tendered price of $24.50 per hour, submitted by Provincial Greding and Excavating for the first unit under Pert A of the tender surmnaryl 2. The tendered price of $20.00 per hour, submitted by Provincial Grading and Excavating for the second unit under Part A of the tender summary; 3. The tendered price of $28.50 per hour, submitted by Demote Bros. for the first unit under Part C of the tender summary; 4. The tendered price of $24.50 per hour, submitted by Damore Bros. for the second unit under Pert C of the tender summary; 5. The tendered price of $20.50 per hour, submitted by Woodington Systems Ltd. for the third unit under Part C of the tender summary; AND the Seal of the Corporation be hereto affixed. Carried NEW BUSINESS INDUSTRIAL DEVELOPMENT Alderman Puttick said he had fects and figures to substantiate his curlier statement regarding the City's option on lend lotstud on the north ac side of Lundy's Lane. He was criticel of the f t that an curlier offer was not pursued ~nd the City is now compelled to pay a higher price to obtain the site for the development of a distribution centre, A proposal to construct the distribution centre at no cost to the City, he said, was never presented to or considered by the BuSiness and Industrial Growth Conmittee. ORDERED on the motion of Alderman Puttick, seconded by Alderman Galloway that Mr. J. O'Brien, Chairman of the B.I.G.Connittee, be permitted to address Council. Mr. O'Brien advised that a committee comprised of City staff, members of the BIG Committee and representatives of the business c~,m~unity, was established to implement the reconnendations contained in the Batells report. He challenged the statement that the City's option on the property cost $800. more than what had been offered previously. An offer of $250. less per acre, he said, was turned down by the v~ndor some months before the City's option was executed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the City Manager be requested to prepare a report on the offers made for the acquisition of lands on the north side of Lundy's Lane for e possible distribution centre; said report to outline offers made prior to and following involvement by the City or the B.I.G.Co~ittee. The motion Carried with the following vote: AYE: Aldermen Mann, Martin, McKinley, Puttick, Schisler, Jonovich, Thomson, Wilson. NAYE.|Aldermen BearssJ Somerville, Galloway, Hunt. - 7- Q.E.W. DETOUR Alderman Wilson reported the unsafe condition of the detour being used by traffic travelling southbound on the Q.E.W. from the City of St,Catharines, BUILDING PERMITS Aldermen Wilson requested a report to clarify the increased cost of a building permit. The Alderman had been informed of one individual paying a five dollar fee for e building permit fours years ago to extend a building. The same person recently applied for another building permit for a similar extension and the fee for the permit was $25.00. Alderman Wilson questioned the increased cost. EPWORTH CIRCLE Alderman McKinley reiterated his concern about the hazards created on Epworth Circle as e result of parking being permitted on both sides. He also expressed concern that fire trucks would not be able to get through in an emergency, especially during the winter months. The Projects Engineer, A. Lamb, advised that the Board of Education had been contacted and indicated they would have no objections to a parking prohibition during daytime hours but questioned prohibition in the evening because of the activities at the school. Mr. Lamb advised the matter will be discussed at the December 12th meeting of the Parking Committee. He has also requested the Works Department to comment regarding snow removal on Epworth Circle. WELCOME BANNER - GREY CUP FANS Mayor Miller noted that many Grey Cup fans will be visiting Niagara Falls and suggested that a welcoming banner be erected. ORDERED on the motion of Alderman Wilson, seconded by Alderman Puttick that arrangements be made to erect a banner to welcome Grey Cup fans to Niagara Falls. The location of the banner will be considered by City officials. PENSIONS - RETIRED EMPLOYEES Alderman Wilson noted that a report concerning retired employees pensions was not on the agenda as requested. He suggested the matter be considered by Council at the next meeting. .BY-LAWS No.72-214 - A By-law to approve an application of The Niagara Falls Public Library Board for the issue of debentures in the principal amount of $1,400,000. (SEE PAGE TWO) No. 72-215 - A By-law to authorize alterations to the Stamford Memorial Arena. (TWO READINGS ONLY) ORDERED on the motion of Alderman Martin, seconded by Alderman Hunt that Alderman Galloway be granted the privilege of introducing the By-la~ and the By-law be given the first reading. Carried Unanimous ly ORDERED on the motion of Alderman Galloway, seconded by Alderman Wilson that the By-law be now given a second reading. The motion Carried with the following vote: ' AYE: Aldermen Beerag, Galloway, Martin, McKinley, Puttick, Schisler,Jonovich, Thomson, Wilson. .NAYE:Aldermen Somerville, Hunt, Mann. No. 72-216 - A By-law to authorize the execution of a site plan agreement with Dotbern Investments Limited. (Dunn Street) ORDERED on the motion of Alderman McKInley, seconded by Alderman Wilson that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unan,.hnousl~ ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that the By-law be now given a 8ecoRd and third reading. Carried Unanimously - 8- By-laws (Cont'd) No. 72-217 - A By-law to amend By-law No. 2530, 1960 of the former Townshi~ of Stamford, now in the City of Niagara Falls, as amended. ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann that Alderman Galloway be granted the privilege of introducing the By-law and the By-law be given the first reading. .Carried Unanimously ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-218 - A By-law to authorize the execution of a site plan agreement with Dominic D'Addio. (Drummond Road) ORDERED on the motion of Alderman Martin, seconded by Alderman Thomson that Alderman Jonovich be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Jonovich, seconded bY Aldernmn Mann that the By-law be now given a second and third reading. The motion Carried with Alderman Bearss voting contrary and all others in favour. NfffE: Alderman Thomson retired from the Council Chambers. No.72-219 - 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. NOTE: Alderman Thomson retired from the Council Chambers. ORDERED on the motion of Alderman Martin, seconded by Aldernmn Schisler that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motlon of Aldernmn Somerville, seconded by Alderman Hunt that the By-law be now given a second and third reading. The motion Carried with Alderman Bearss voting contrary and all others in favour. No. 72-220 - A By-law to authorize a subdivision agreement with Cedar House Realty Incorporated. ORDERED on the motion of Alderman Somerville, seconded by Alderman Jonovich that Aldernmn Hunt be granted the privilege of introducing the By-law and the Byelaw be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by'Alderman Somerville that the By-law be now given a second and third reading. Carried Unanimously No.72-221 - A By-law to provide for the-voluntary payment of penalties for con~avention of parking and certain other by-law provisions. ORDERED on the motion of Alder~mn McKinley, seconded by Alderman Martin, that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanhnously i - 9- By-Law No. 72-221 (Cont'd) ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the By-law be now given a second and third reading. Carried Unanimously No. 72-222 - 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 $983,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. ORDERED on the motion of Alderman Schisler, seconded by Alderman Martin that Alderman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Bearsss, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 72-223 - A By-law to authorize the construction of certain improvements and extensions to the storm drainage of the sewage system in the Urban Service Areas of the City. (TWO READINGS ONLY) ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman biann that the By-law be given a second reading. The motion Carried with Alderman Wilson voting contrary and all others' in favour. No. 72-224 - A By-law to provide monies for general purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Hunt that Alderman Mann be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Mann, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried U~animousl7 ADJOURNMENT The meeting adjourned on the motion of Alderman McKinley, seconded by Alderman Wilson. READ AND ADOPTED, Mayor SPECIAL COUNCIL MEETING Council Chambers, December 11, 1972. TRANSIT STUDY REPORT A special meeting of Council was held on Monday, December llth, 1972 at 9:30 p.m. to receive the formal presentation of the Transit Study Report. All Members of Council were present with the exception of His Worship Mayor F.J.Miller. Acting Mayor, N. Puttick, chaired the meeting. Representatives in attendance: Mr.W.E.Griswold, Transit Management Consultant, Tramco Inc. Mr. Philip Wade, Project Manager, Acres Consulting Services Ltd. Mr. Marc Soiffer, representing Paul Arthur & Associates Mr.John Bonaall, Ministry of Transportation and Coam~unications. On behalf of the Greater Niagara Transit Commission: Mr. George Mowers, Chairman Mr.W.R.Sootheran Mr.J.T.McMahon, Manager Mr. Sootheran, Chairman of the special Trans it Study Connnittee,stat~d that the preparation of the Study Report had been recon~nended by the Minister of Transportation and Communications, which body would be responsible for 75% of the total cost of $25,000. Following the development of terms of reference, the committee had received submissions from a number of companies and the Acres firm had been selected to prepare the Study. Mr. Philip Wade, followed by Mr. W. E. Griswold, then reviewed the Study Report in detail, outlining the various factors related to the subject of public transit requirements in the City, the decisions arrived at during the course of the study, and the reconmmndations contained throughout the report. It was explained that the study had been initiated because of the steady increase in the deficit and the trend in decline of riders. Statis- tics of transit use in Ontario indicated that the average ridership was 40 trips per capita, while in Niagara Falls it is only 20 trips. The threefold nature of the transit market - (described as local city service, the tourist market, and the potential charter bus market) was reviewed. The report stated that the goal of the study was to provide a comprehensive review of the services and facilities of the Greater N~agara Transit Commission including the design of a new system of transit routes and schedules. The objective of the proposed changes is to control costs and increase ridership so that the deficit can be controlled or reduced. It was indicated that three main deficiencies in the present roetea and schedules were: circuitous routes, slow running times and overlapping route coverage. The new routes and schedules recommended for adoption, consist of eight buses through-routed on a system of four radial routes. Co-ordinated connections would be scheduled at C'ty Hall and at Main and Ferry Streets. It was recommended that services to Glenview and Chippaws should be on a trial basis. It was stated that adoption of the proposed system of routes and schedules should reduce the deficit by approximately $100,000 without the Chippaws route, and by $75,000 if the Chippaws route was operated for a full year. It was also recommended that planning be initiated for a new maintenance facility, which will be required within a year or two. Several reco~nendations to improve the marketing aspect of the transit system were also outlined. The report outlined certain steps implemented during the course of the study, ie:- granting of s temporary Provincial Licenee to operate a sightseeing service to Niagara-on-the-Lake; application for s permanent Provincial licenee to operate charters anywhere in Ontario and approval of the purchase of three new 40 foot transit diesel buses to be delivered in the spring of 1973. Mr, Marc Soiffer gave a presentation in relation to the marketing aspect of the transit system, aided by the use of display boards. He advised that the Translt Commission would become known as "Niagara Transit", and a functional and useful identification symbol and logotype would be developed, throughout all aspects of its service, to reflect and reinforce a new image. The changes would include new bus stops, new timetables and route maps, new destination signs, etc. - 2- Following the presentations by the Consultants, a question and answer period ensued during which time Members of Council requested informa- tion and expressed their opinions in respect to many aspects and reconunenda- tions of the Study. At the conclusion of the discussion, it was indicated that there were several reconunendations in the Study which would involve expenditures, and it was therefore agreed that the matter be referred to the 1973 Council for consideration. The meeting adjourned on the motion of Alderman Wilson, seconded by Aldernmn Jonovich. READ AND ADOPTED, Acting Mayor THII~Y-NINTH M~'A'ING Council Chambers, December llth, 1972. REGUIAR ME~.AiNG Council met on Monday, December llth, 1972, for the purpose of considering general business. All Members were present with 'the exception of His Worship Mayor Miller. ACTINGMAyOR Resolution No. 142 - HUNT - MASTIN - RESOLVED that Alderman N. Puttick be appointed Acting Mayor during the absence of His Worship Mayor F. J. Miller; AND the Seal of the Corporation be hereto affixed. Carried Unanimously PPAYER Aldsrman Jonovich offered the Opening Prayer. ADOPTION OF MIN~ES The Minutes of the regular meeting of November 27th, 1972 were adopted on t~e motion of Alderman Thomson, seconded by Alderman Mann. DEPUTATION 141t. JAMES HENNESSE"f . "lIESIGN TASK FORCE" PROPOSAL Mr. Hennessey was granted permission to address Council on the motion of Alderman Bearss, seconded by Alderman Wilson. He outlined his proposal for the formation of a "DesignTask Force" composed of young persons, who would work on problem areas of decay and neglect in the City whichrequire develotment or re- develol~nent. The group would be involved in the areas of engineering, design, economics, visual ccmmnnications, etc. ' ApPointments to the Task Force would be made through the localManpower Office. Mr. Hennessey stated that the project would follow the requirements laid down bythe Local Initiatives ProgrAmme, and would involve sixty-two persons for a five month period. He advised that al- though he was the sponsor of the project, he needed the endorsement of the Council because the City would be the beneficiary. In answer to a question,Mr. Hennessey confirmed that he would apply for the necessary funds independently. Following Mr. Hennessey'spresentation, Members of Council requested that he provide written copies of his proposal for their assistance in arrivingat a decision onhis requast for endorsement. UNFINISHED BUSINESS O~'AClAL PIANA~NO. 43 Report 631 . CityManager . Advising ofOntarioMunicilml Board Decision approving of Official Plan Amendment No. OREMIF~D on the motion of Alderman ~am~on, seconded by Alderman Martin. that t~e Report be received and filed. PROPOfilH} SENIOR CITIZEN AP~ BUILDING ON PORTAGE ROAD Report 632 - City Solicitor -'Ad$i~idg of 'Ontario Municipal Board Deeision of approval of the City's Application if By-law 72-107 is amended to include a number of pro~risions specified in the decision, and that a draft mn~nding by-law will be forwarded to the Board for approval as to form, prior to submission to Council. ~ on the motion of Alderman Mann, seconded by Aldeman Hunt that the Repor~ be received and filed. DALECOMBE I~P~ , TOWNHOU~INGUNITS, WE~T SII~ DRI~iONDRD. Report 633 - City Clerk - Advising of objections received in respect to proposed Re-zoning By-law72-198, and requesting Council's direction in order that the Ontario Municipal Board may be notified. ORII~RED on the motion of Alderman Galloway, seconded by Alderman Hunt that the Repor~ be received and Council re-affirms its previous decision of app~l of the re-zoning application, notwithstanding the objections received, and the Ontario Municipal Beard be so informed. This mc~ionwas Carried withAldermanWilson voting contrar~undall other members in fayour. NIAGAPA S0~TH BOARD OF EDUCATION - LUNDY' S LANE SCHOOL pROPERTY Report 634 - City Solicitor - Advising of the decision of Mr. justice Callon of the Supreme Court of Ontario that the Board's lands "are not restricted in their usem which the City Solicitor interprets as msaning that the Judge has decided the Board' s property is free of any restrictions and not Just that it is deemed to be included in the c_~m~ereial zone. Referring to letter sent to the Building Inspector from River Realty Develo~~m~nt Ltd. setting out the manner in Which it proposes to proceed with the cmm~rcial development. Requesting Council' s instructions as to whether an appeal should be made from Mr. Justice Callon's decision. Y~rs. Patricia Spiotti had requested permission to address the City Council on behalf 0f residsnts of the 'y~nd~'s-Lane area. It was Ordered on the motion of Alderman Bearss, seconded by Alderman Themmen that Mrs. Spiotti he heard. Mrs. Spiotti requested that the Council exercise the right of appeal in this case. She suggested that unless the decision was appealed, the 1,nd in question was "free of any restrictions in its use" and the developer could erect a gas bar, an industrial , building, etc. The City Solicitor advised that the written reasons for the decision had been rec- eived from Mr. Justice Callon &arlier in the day, and the conclusion was the same as the telephone message. Mr. young also advised that the letter from River Realty Develo~asnt stated that they intended to proceed, as set out in their letter, with the c~mmerciaI development. He also stated he did not hold any great hope for success on appeal. The City Clerk stated that the subject application for re-zoning had been appro~ed by the Council at the meeting of February 28th, 1972- It was Moved by Alderman Mann, seconded by Alderman Wilson that Council appeal the decision of Mr. Justice CaBon of the Supreme Court of Ontario. This motion'was Defeated_ with the foll~lng vote: . _ ~ye:_ - Aldermen X~um# Wilson.' . .. "'-. ' ' · "' . . Na~e: "Aldermen Scares, :_Somerville, Ca~llo~, Hunt, Mar~ln, McKinley, ~chisler, ': -- ' Jonovich, Thomson. -' ORD~a~D on the motion of Alderm~n Martin, seconded by Alderman Galloway that the Repor~ of the City Solicitor be received and filed, and the previous decision be re-affirmed, and no appeal be taken on the decision of Mr. Justice Callon of the Supreme Couxt of Ontario. This motion was Carried with the following vote: ~e:_ Aldermen Bearss, Somerville, ~Llloway, Hu~t, Maxtin, McKinley, Schisler, Jonovich, Thomson. _NayeL Alderm~a M~mn, Wilson. C0~e~JNICATIONS ~ No. 179 - Mrs. Winnifred Hill - Resignation as a member of the planning and Develop- ment Ce~mittee of Niagara Falls. OR~ on the motion of Alderman Bearss, seconded by Alderman Hunt that the resigna- tion of Mrs. N~l l be acce~ted with regret, and a letter of appreciation be forwarded for her long and dedicated service to the municiP~--litY· No. 180 - Downtown Business Association - Submission of recommendations for appointees to the Boar~ of Manage-merit of the Downtown Business Improvement Area. ORA~ au the motion of Alderman The,on, seconded by Alder~"n Hunt that the com- mu~cation be received andfil~d~the appointees as named be approved. No. 181 - Rainbow Motor Court (Mr. A. Cser~es) - Requesting exemlT~ion from the pro- visions of City ]~-law 7611 ~eztalaing to the ,.comstmction of motel units to replace fifteen cabin ~uildings. O]~ on the motion of Alderm~u Mckinley, seconded by Alderman The,on that the comaumication be received and referred to the City Manager for report. No. 182 - Cit of Windsor - Resolution requesting the City'.to file an intervention with the C~l-~a~ Transpor~ C-~em~ ssion with respect to the application of ~ell Canada for an increase in rates. 0]~ on the motion of Aldsr~a~ McKinley, seconded by Alderman Thcms0a that the resoldion from the Cit~ of Windsor he endorsed. REPORTS No. 635 - City Manager - Reconmaending that Council approve the sale of Lot 7 on Murie Street in the Fells Industrial P~rk to Mr. R. P. Poor~inga, at a total price of $5,160.00. ORE~FF_~D on the motion of Aldsrman Mann, seconded by Alderman Schisler that the Report be received and adopted. SEE By-law No. 72-225 No. 636 - City Manager - By-law to provide for the levy of rates on the Urban Service Areas to pay the annual instalments of principal and interest on the debenture issue of $200,000. ORDERED on the motion of Alderman Galloway, seconded by Alderman Hunt that the Report be received and filed. SEE By-lay No. 72-229 No. 637 - City Manager . By-law to authorize execution of agreement with subdivider of Reg. Plan N. S. l~ (Heritage Homesteads S~bdivision), to provide for two requests previously approved by Council. ORREE on the motion of Alderman Thomson, seconded by Alderman Mann that th~ Repor~ be received and filed. No. 638 - City Manager - Recommending that the release from a covenant in respect to Lot 48, Plan 160 be given at this time. 0~ on the motion of Alderham Hunt, seconded by Alderman Schisler that the Repoxt be received and adopted. SEE By-law No. 72-226 No. 639 - City Manager - Rec~famending that the unit prices received from Damore Bros. Ltd. for Sewer and Watermain installations in the Westlane Village Subdivision be accepted by Council. ORE on the motion of Alderman Mann, Seconded by Alderman Thomson that the Report be received and adopted. SEE Resolution No. 14~ No. 640 - City Manager - Intersection Control - rec~ndetions: (a) Stop Sign on Buckley Avenue at Simcce Street; (b) Changed locations for stop signs at:. li) Lyons Creek Road at McKenney Road; (ii) Ridge Road at McKenney Road; iii) Ridge Road at Morris Road. (c) Stop signs on both Ealar Road approaches at Brown Road. (d} Stop signs on Spence ~street at Cor~in Avenue. (d) Yield Signs - Mitchell Avenue (both approaches) to Freeman Street; On Morrison Street at Kent Avenue. On Ymdnstrial Street at Kent Avenue. ORE~ on the motion of Alderman Themson, seconded by Alderman Schisler that the Report be received and recna, endations adopted. No. 641 - City Manager - Street Lights on Druanond Road Bridge over the H.E.P.C. Canal, recommends,8 the installation of three 400-wett mercury yapour lumi~aires with alumintm brackets mounted on B al~,~num poles be erected at an estimated cost of $1,860;00. OP~ on the motion of Alderman Bearss, seconded by Alderman Wilson that the Hepoxt he received and adopted. No. 6~2 . City Manager - List of Standing Instructions to Municipal Law Enforcement Officers. ORIERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the Report be received and the Standing Rules be adopted, with the addltion to number 1~ to include the FerkAng C~ttee. No. 643 - City Manager - Murray Street OutfaLl Contract. Recc~anending that a decision in respect to the awarding of the Tender Contract for the Murray Street Outfall atom sewer system, be tabled to the December 18th meeting of Council. OREF~RED on the motion of Aldex~an Hunt, seconded by Alderman Mann that the Report be received and filed. No. 644 - City Manager - provincial-MuniciPal Employment Incentive program 1972-73. Recommending that the City apply to the province for approval of projects to cost $123,876 being the initial allocation of funds to the City, as well as a further mount of $27,000 for projects which could be carried out should additional funds become available · ORESRED on the motion Of Alderman Hunt, seconded by Aldernml Schisler that the Report be received and adopted in respect to the applications for the initial alloc- ations and an additional allocation- No. 645 - Recreation C~mm~ssion - Senior Citizens' Christmas Lights Tour, Dec. 18th. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the Report be received, filed, and as many members Of Council as possible particiPate in this event. No. 6~6 s Lotte Licensing Officer - Reccm~nending approval of Raffle Lottery Licehess for: Young Men~s Hockey League; ChipPaws Legion (Ladies Auxiliary) Branch 396; Niagara Falls Curling Club; Quota Club. Recc~nending that the application for a Raffle Lottery Licenee frnm the Niagare Falls young Progressive Conservatives be denied. 0RDEP~.D on the motion of Alderm~n Mann, seconded by Alderman Hunt that the Report of the Lottery Licensing Officer be received and rec~m"endations adopted. No. 647 - City Clerk - Rac-fwnm~nding the approval of MuniciPal Licenoes. 0RA~D on the motion of Alderman Wilson, seconded by Alderman Hunt that the Report be received, adopted, and licenoes grented. No. 648 - City Clerk - Applications for Hawker & Pedlar Licehess from four applicants who propose to sell Golden Canada products. O~DERED on the motion of Alderman Bearss, seconded by Alderean Thomson that the Report be received, filed and the applications for licenoes be denied. No. 649 - City Manager - Rec_.m. uding approval of MAtniciPal Accounts. ORE on the motion of AldermAn Wilson, seconded by Alderman Marsin that the Repolt he received and adopted. No. 650 - City Manager - Breakdown of permits issued by the .BullSing Department for the month of Novamber, 1972. OI~D on the motion of Alderman Wilson, seconded by Alderman Bearss that the Report of the City Manager be received and filed. EESOL~TIONS NO. 143 - MANN - TH0~80N -EESOLVED that the unit-prices received from Damore Broa. Ltd. in the amount of $394,96e.52, for the installation of sewer and watermain services in the Westlane Village Subdivision be accepted; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously NEW B~IESS New InterchanCe - Sodera Rood, Queen Elizabeth Way Alderman Hunt referred to the hazardous interchange at Sodera Ro~d, off the Queen Elizabeth Way. The City Engineer advised he would check into the matter. Status of Canadia Re-zonin~ Application In answer to a ~uestion from Alderman ~elloway as to the status of the Canadia Re-zoning application, the Planning Administrator reviewed the steps required to permit the applicants to proceed with their proposal, · Be ~ointed out' that the applicants proposed several changes which would entail changes in the Official Plan Amendments 8ire Plaq, and Site Plan A~reement, and would he reflected in the Zoning By-law. · Rearing in Stamford Memorial Arena Alderman Thomson advised that he had been contacted concerning heating and/or lounge arrangements at the Stamford Memorial Arena. He stated that persons attending minor hockey games do not have proper facilities for keeping ~arm. The possibility of the use of the lounge area at the north end of the arena had been suggested, but it had been indicated by arena officials that the area would not be opened unless someone was prepared to take fu/1 responsibility for same. Those in charge of the minor hockey leage are reluctant to take on this responsibility in addition to their other duties at the games. The City Manager stated that a report would be PrePared on this matter. Dorchester Road Fire Station Alderman Themson requested the preParation of a report as to whether the two firemen stationSat the Dorchester Road Fire Station are considered sufficient, or ~aether another fireman should also be on duty here. The City Manager stated that a report on this matter would be prePared for submission to Council in January, 1973 · Re-location of Finlay Fish Campany , Alderman Th~8on referred to the plans of the Firflay Fish Company for location from the City. The City Manager advised of the n~etings which had been held ~ith Company officials in an effort to have the Company re-locate within the City. However, due to econ~nic conditions within the Ccmpany itself, their plans for re-location within the City were dropped. Requests to Purchase Lot 28s Stamford Industrial Subdivision (Plan 160) Acting Mayor N. Puttick asked if Lot 28 within the Stamford Industrial Sub= division was for sale. He mentioned that three companies had inquired about the possibility of parchasing this Lot recently. The City Manager advised that Lot 28 had been set aside to accammodate the construction of a storm sewer sometime in the next three to five years. Following the location of the main thro,,gH the Lot, it would then be available for sale. The Acting Mayor requested the PreParation of a report outlining where the three industries who inquired about the availability of the lot had located. BY~-IAWS No. 72-225 - A By-law to authorize the sale of lend in the Fa/ls Industrial Park to Renze Pier Poorrings. ORIe on the motion of Alderman McKinley, seconded by Alderman Wilson that Alderman Rearss be granted the privilege of introducing the I~-law and the By*law he given the first reading. Carried Unanimously. ORRERED on the motion of Alderman Bearsss seconded by Alderman Nnnt that the By-law be now given a second and third reading. No. 72-Fa6- Carried Unanimously A l~-law to authorize the execution of a release respecting Lot 48, Registered P/an No. 160 for the T~wnship of Stamfords now in the City of Niagara Falls. O~ESF~D on the motion of Alderman Schisler, seconded by Alderman Jonovich that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously. 0PaF/~ED on the motion of Alderman Hunt, seconded by Alderman Wilson that the "By-law be now' ~iven a second and third readi~.' ................... Carried Unanimously T8 ~ A No. 72-227 - To authorize the execution of an agreement with Damere Bros. Limited for the construction of sewermains and watermains. 0R~RED on the motion of Alderman Bearss, seconded by Alderman Mann that Ald- erman Schisler be granted the .privilege of introducing the t~-law and the By-law be given th~ first reading. Carried Unanimously. OR~U~D on the motion of Alderman Schisler, seconded by Alderman Martin that the By-law be now given a second and third reading. Carried Unanimously- No. 72-228 - To authorize the execution of an amending agreement with Branscombe Invest-- merits !.~m4ted. 0RESRED on the motion of Alderman Martin, seconded by Alderman Nunt that Ald- erman Bearss be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously. 0RIF_~D on the motion of Alderman Bearss, seconded by Alderm6~ WilsOn that~, ... the By-law be now given a second and third reading. Carripd UnanimouSly. No. 72-229 - To provide for the levy of' rates to lmy the principal and interest on debentures of ~e Regional Municipality of Niagere in the principal · amount of $200,000.00 iSSued for the purposes 'Of Tat 'Corporation of the City of Niagara Falls. ORDEF~D on the motion of Alderman. Bearss, seconded by A~derman Sumorville that Alderm_~n Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously. ORDFa~D on the motion of Aldem.n Hunt, seconded by Alderman Wilson that the By-law be now given a second and third reading, t Carried. UnanimouSly. No. 72-230 - To authorize the payment of $512,~8~.51 for general purposes. e ou the motion of Alderman Bearss, seconded by Alderman M~rtin that Alderman S~.~wille be granted the privilege of introducing the By-law and the By. law be given the first reading. Carried Unanimously 01tE~D on the motion of Alde.r.man Sumorville, seconded bY Alderman Hunt that the By-law be now given a second and third reading. .~, Carried Unanimously. The Regular Meettn~ adjourned on the motion Of Alderman Mar~ln, seconded by Alderman ~,~. FORTIETH MEETING REGULAR MEETING Council Chambers, December 18th, 1972. Council met on Monday, December 18th, 1972, for the purpose of considering general business. All Members of Council were present. His Worship Mayor F. J. Miller presided as Chairman. Alderman Thomson offered the Opening Prayer. ADOPTION OF MINUTES The minutes of the regular meeting held December 11, 1972, were adopted as printed on the motion of Alderman Martin, seconded by Alderman Jonovich. UNFINISHED BUSINESS STAMFORD INDUSTRIAL SUBDIVISION Report ~651 - City Manager - Re: Lot 28, Plan 160, Kent Avenue, Stamford Industrial Subd ivision. Submitting requested information regarding the availability of Lot 28, Plan 160, Stamford Industrial Subdivision and advising the City has not been in a position to sell the site because of the necessity to install a large stor~ sewer on the lands; submitting copies of letters and reports relating to queries coneerning the possible sale of the lot and commenting on same. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hunt that the report be received and filed. HEATING STAMFORD MEMORIAL ARENA Report ~ 652 - City Manager - Referring to Council's concern about the lack of heated areas for spectators at the Stamford Memorial Arena; advising the problem was discussed by the Arena Board and it was resolved that the recreation room will be opened for spectator events on a trial basis of one month when the matter will be reviewed. The Board has requested the Recreation Director to continue his efforts to have interested parties attend a meeting to discuss supervision of the recreation room. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and filed. REPORTS No. 653 - City Manager - Re: Murray Street Outfall - Contract S.S.27-72. Referring to a report presented to Council on December 11, 1972, concerning the tenders received for the installation of storm sewers and certain sections of t~nnel work to permit an outfell for Murray Hill and other areas; submitting a report of the City's consultants, R.V.Anderson Asset.Ltd. wherein it is noted that L.J.S.Contracting Limited, the low tenderer, is a newly-formed company with no staff or equipment and no demonstrated capability to perform work as a company. The!'~eport reconmaends that, in view of the consultant's report and the time factor, Dixhill Coppotation Ltd. be awarded the contract for the required works, subject to the approval of the Ontario Municipal Board; recommending further that Council pass the necessary amending by-law involving the use of an additional $33,000 from By-law 76-11. In his explanatory remarks and in reply to numerous questions by members of Council, the City Engineer stressed that inconvenience to the Niagaraa Parks Commission must be kept to a minimum and the work must be completed by May 1, 1973. He suggested that although the successful contractor would be honded for completion of the work, it does not necessarily follow that the work will be completed within the time limit. If it became necessary for the bonding company to arrange for another contractor to fulfil the contract, considerable inconvenience to the City, the Niagara Parks Con~ission and the tourist industry would result. In reply to conunents by Alderman McKinley, the City Engineer indicated that a copy of the report could be forwarded to the O.M.B. together with the necessary amending resolution dealing with revised costs. Alderman Thomson questioned the contractor who assured members of Council that his company could be bonded and could acquire the needed qquipment and qualified personnel. - 2- Report ~ 653 (Cont'd) It was then moved by Alderman Puttick, seconded by Alderman Wilson that the report of the City Manager be received and filed and the unit prices submitted by L.J.S.Contracting Limited for the Murray Street Outfall, Contract S.S.27-72, be accepted. The motion Carried with the following vote: AYE: Aldermen Somerville, Hunt, Mann, Martin, McKinley, puttick, Schisler, Jonovieh, Thomson, Wilson. NAYE:Aldermen Bearas and Galloway. See Resolution No.144 Report #654 - City Manager - pumping Station and Forcemain Construction - Contract ;P.S. 35-72 - Westlane Village Subdivision (V.L.A.); reconmending that the unit prices received from Damore Brothers Ltd. for the work necessary under Contract ~p.S.35-72, be accepted and recommending further that the unit price in the amount of $20,625.00 from Utility Technology of Canada Ltd. for the supply of the required ~prefabricated pumping station De accepted. ORDERED on the motion of Alderman Thomson, seconded by Alderman Wilson that the report be received and adopted. See Resolution No. 145 Report #655 - City Manager - Re: Street Lighting on Mountain Road between Kalar Road and Montrose Road. Referring to an earlier report which was submitted on the basis that no Regional participation in lighting costs at the subject location was possible; advising that following the decision of Council to proceed with the lighting, infor- mation was received that the Region had contributed to similar works in other municipalities; reco~ending that the Region be requested to provide financial assistance for erecting street lights on Mountain Road from Kalar Road to Montrose Road and, further, that the Region be asked to forward its complete policy on roadway lighting. ORDERED on the motion of Alderman Hunt, seconded by Alderman Bearss that Councillor E. Mitchelson be granted permission to address Council. Mr. Mitchelson noted that it was several days after Council made the decision regarding the installation of lighting on Mountain Road that information was conveyed to staff that the Region had contri- buted 50% of the capital cost of such works previously. He suggested that the application for assistance should be before the Regional Public Works and Utilities Co~tttee before the Conmittee~s next meeting on December 28th and urged Council to approve the report as submitted by the CitX!'Manager. ORDERED on the motion of Alderman Wilson, seconded. by Alderman Thomson that the report be received and adopted. Report # 656 - City Manager - Re: City Float. Advising that the City Float was entered in a number of parades during 1971 and enumerating the prizes awarded; suggesting the float be entered in both the Grey .Cup Parade and the Octoberfeat Parade in future years and monies be included in the current budget for 1973. At the suggestion of Alderman Thomson, staff members will consider some suitable method of expressing Council~s appreciation of the efforts of Mr.D.Costello on the City's behalf. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that the report of the City Manager be received and filed; that staff members responsible for the float be commended and, further, that the suggestion that necessary monies be allocated for the entry of the float in future Grey Cup and Octoberfeat parades be referred tothe 1973 Council. Report ~ 657 - City Manager - Emergency Lighting - Memorial Arena. Referring to an earlier report regarding the installation of a natural gas=driven generator to power'the lights in the Memorial Arena in case of a power failure; recon~ending that the quotation received from Ronelco Contractors in the amount of $4,165 be accepted. - 3 - Report #657 (Cont'd) ORDERED on the motion of Alderman Martin, seconded by Alderman Mann that the report be received and adopted. See Resolution No,146 Report ~658 - City Manager - Re: Tender for Purchase - Fire Department's Used 1968 Ford Bronco. Submitting a summary of the prices received and recommending acceptance of the offer of $800.00 by Mr.N.Biamonte,Niagara Falls Lumber. ORDERED on the motion of Alderman Wilson, seconded by Alderman Mann that the report be received and adopted. See Resolution No. 147 Report #659 - City Manager - Re: Safe File Ledgers, Finance Department. Recommending the purchase of eight fire resistant safe fi~ cabinets with automatic locking system from Sperry Rand Canada Ltd. in the quoted amocnt of $4,679.64. ORDERED on the motion of Alderman Wilson, seconded by Alderman Hunt that the report be received and adopted. See Resolution No. 148 Report #660 - City Clerk - Recommending the granting of Municipal Licences. ORDERED on the mot-ion of Alderman Hunt, seconded by Alderman Schisler that the report be received and adopted and licences granted. ~ Report ~661 - Planning and Development Committee Re: AM-35/72 Diol Investments Ltd., Pt. Twp. Lot 141,south-west corner Lundy's Lane and Dorchester Road. The rezoning would permit a mixed-use building consisting of a two-storey connnercial section with shops on the ground floor, offices on the second floor and a nine-storey apartment building; advising that a meeting of City staff and the applicant-will be arranged to discuss the proposal. ORDERED on the motion of Alderman Bearss, seconded by Alderman Galloway that .the information be received and filed. Re: Revised Plan of Subdivision 27T-23301, River Realty and Group 2 Develop- ments Ltd.,Pt.Twp.Lot 37,north-west corner Churches Lane and Stanley Ave. Recommending adoption of Official Plan Amendment No. 63 which implements Council's approval of the application and amends the boundary between the residential and industrial sectors. ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann that the recon~nendation of the Planning and Development Committee be adopted. See By-law No.72-235 Re: Revised Plan of Subdivision 27T-22813,River Realty Development Ltd., N.S.11, Block B. Recommending a change in zoning for the westerly 90 feet of the proposed plan of subdivision from Agricultural 1 to Residential; reconunending further that Council certify by resolution that the By-law conforms to Official Plan Amendment No.28 for the Niagara Falls Planning Area. ORDERED on the motion of Alderman Mann, seconded by Alderman Hunt that the recommendation of the Planning & Development Committee be adopted. See Resolution No.149 Report #662 - City Manager - Reconunending payment of Municipal Accounts. ORDERED on the motion of Alderman Wilson, seconded by Alderman McKinley that the report be received and adopted. Report ~663 - Deputy City Clerk - Advising that the Assessment Review Court considered a recorm~endation of the City Treasurer and has spproved a total write-off of certain tax arrears in the amount of $19,763.25; submitting a list of the properties affected; reconmending that the City Treasurer be permitted to strike the taxes from the Collector's Roll. ORDERED on the motion of Alderman Schisler, seconded by Alderman Galloway that the report be received and adopted. The motion ~srried with Alderman Wilson voting contrary and all others in favour. - 4 - RESOLUTIONS No. 144 - PUTTICK - WILSON - RESOLVED that the unit prices submitted by L.J.S.Contracting Limited for the Murray Street Outfall, Contract S.S.27-72, be accepted; AND the Seal of the Corporation be hereto affixed. Carried No. 145 - THOMSON - WILSON - RESOtVED that the unit prices received from Damore Brothers Ltd. for the construction of a pumping station and forcemain, Westlane Village Subdivision (V.L.A.), Contract ~p.S.35-72, be accepted and, further, that the unit price in the amount of $20,625.00 from Utility Technology of Canada Ltd. for the supply of the required prefabricated pumping station be accepted; AND the Seal of the Corpora- tion be hereto affixed. Carried Unanimously No. 146 - MARTIN - MANN - RESOLVED that the contract for the installation of a natural gas-driven generator at the Niagara Falls Memorial Arena be awarded to Ronelco Contractors at the quoted price of $4,165.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 147 - WILSON - MANN - RESOLVED that the offer of $800.00 submitted by Mr.N.Biamoneefeor the purchase of the Fire Department's used 1968 Ford Bronco, be accepted;. AND.the Seal of the Corporation be hereto affixed. Carried Unanimously No. 148 - WILSON - HUNT - RESOLVED that the contract for the supply of eight fire resistant safe file cabinets with automatic locking system be awarded to Sperry Rand Canada Ltd. at the tendered price of $4,679.64, tax included; AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 149 - MANE - HUNT - RESOLVED that the Council of the City of Niagara Falls certify that the by-law for the property 90 feet westerly from Block B, N.S.11, confoms to Official Plan Amendment No. 28 for the Niagara Falls Planning Areasas amended and approved by the Minister of Treasury, Economics and intergovernmental Affairs; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously No. 150 ~ MCKINLEY - THOMSON - RESOLVED that the Council of the Corporation of the City of Niagara Falls petition the Ministry of Transportation and CoA~unications for an allocation of monies for public transportation pursuant to The Public Transportation and Highway Improve- -ment Act R.S.O. 1970, as.amended, said request to be in the amount of $10,000.00 and to be in the form of a supplementary subsidy allocation being in addition to any amounts previously applied for in the year 1972; AND the Seal of-the Corporation'be hereto affixed. Carried Unanimously No. 151 - MARTIN - WILSON - RESOLVED that Tuesday, December 26, 1972, be proclaimed Boxing Day in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NEW BUSINESS SNOWMOBILE BY-LAW Alderman Bearss queried the status of the Ctty's sno~rmobile by-law and the City Clerk advised that a spokesman of the Ministry of Transportation and Con=nunioations had confirmed by telephone that the By-law had been,approved. WINTER M~INTENANCE Several members of Council c~mnented on snow removal problems Winter Maintenance (Cont'd) in various sections of the City, the routes followed by snow removal equipment and the erection of snow fencing. Clarification was provided by members of staff and the conmlents of the Aldermen noted. RECREATIONAL ACTIVITIES A letter criticizing City Council for the lack of recreational facilities and activities for young people in the municipality was received by Alderman Thomson. The Alderman suggested that the writer be provided with a copy of the Recreation Calendar. The communication was referred to the City Manager for consideration. APPRAISAL SERVICES Alderman Galloway noted that the City generally engaged the same appraiser and suggested there should be more competition between competent local appraisers. TEXAS HOCKEY TEAM - VISIT TO NIAGARA FALLS The City Manager advised of a letter from the Hamilton Junior Hockey League regarding the expressed wish of a Fort Worth, Texas, hockey team to visit Niagara Falls while in the area to participate in a hockey tournament. The group of one hundred young men in the 9 to 14 age group will arrive in Niagara Falls on December 31st and the City has been asked to welcome them in some manner. Alderman Thomson suggested that arrange- ments be made for the group to do some sightseeing and visit Niagara Parks Commission attractions. The matter was referred to the City Manager. COMMENTS OF RETIRING MAYOR AND MEMBERS OF COUNCIL Alderman Puttick expressed a vote of gratitude to His Worship Mayor Miller for his leadership in past years and offered best wishes to the Mayor and the retiring Aldermen. Alderman Martin said it had been an honour and privilege to serve the City for 24 years as Alderman and Separate School Trustee. He expressed appreciation for the cooperation and assistance received from the members of Council and City Staff. The Alderman congratulated the incoming Council and offered the best wishes of the season to all. Mayor Miller said he had no regrets and had enjoyed every minute of his nine years on Council and twelve years aa Mayor. Mayor Miller thanked the retiring members of Council and congratulated and wished every success to the newly-elected Council. BY-lAWS No. 72-231 - A By-law to authorize the execution of an agreement with L.J.S. Construction Limited for the construction of the Murray Street o~tfall sewer works. ORDERED on the motion of Alderman McKinley, seconded by Alderman Jonovich that Alderman Schisler be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unan. imously ORDERED on the motion of Alderman Schtsler, seconded by Alderman Martin that the By-law be now given a second and third reading. The motion Carrie_dwith the following vote: ~YE: Aldermen Somerville, Hunt, Mann, Martin, McKinley, Puttick, Schisler, Jonovich, Thomson, Wilson, NAYE Aldermen Bearss and Galloway. No. 72-232 - A By-law to authorize the execution of an agreement with Damore grog. Limited for the construction of a sewage pumping station and forcemain. - 6 - By-law No.72-232 (Cont'd) ORDERED on the motion of Alderman Bearss, seconded by Alderman Hunt that Alderman Somerville be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Somerville, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously No. 72-233 - A By-law to authorize an agreement with Ontario Housing Corporation.respecting 73 senior citizen housing units on Huron Street. ORDERED on the motion of Alderman Martin, seconded by Alderman Schisler that Alderman Jonovich be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Jonovich, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Unanimously No. 72-234 - A By-law to authorize an agreement with Ontario Housing Corporation respecting 22 family housing units on Sinnicks Avenue. ORDERED on the motion of Alderman Bearss, seconded by Alderman Somerville that Alderman Hunt be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Hunt, seconded by Alderman Mann that the By-law be now given a second and third reading. Carried Unanimously No. 72-235 - A By-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. ORDERED on the motion of Alderman McKinley, seconded by Alderman Jonovich that Alderman Puttick be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler that the By-law be now given a second and third- reading. Carried Unanimously No. 72-236 - A By-law to provide monies for general. purposes. ORDERED on the motion of Alderman McKinley, seconded by Alderman Schisler that Alderman Martin be granted the privilege of introducing the By-law and the By-law be given the first reading. Carried Unanimously - 7- By-Law ~72-236 (Cont'd) ORDERED on the motion of Alderman Martin, seconded by Alderman Wilson that the By-law be now given a second and third reading. Carried Uns.~i~o~s.ly ADJOURNMENT The meeting adjourned at 9:30 p.m. on the motion of Alderman Galloway, seconded by Alderman Wilson. READ AND ADOPTED,