2004/03/22
PLANNIN G/CO UN CIL
MEETING
Monday, March 22, 2004
Order of Business
and Agenda Package
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PLANNING MEETING
March 22. 2004
1. PRAYER: Alderman Carolynn Joannoni
2. 0 CANADA: Mr. Rick Richardson, Niagara's premiere classical guitarist will sing
the National Anthem.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
.....
DEPUTATIONS
Club Italia Ladies Auxiliary
Margeurita Radice, Mary Fruci, and Angela Sofia, on behalf of Club ltalia's
Ladies Auxiliary wish to address Council to promote their fundraising efforts in support
of the GNGH New Emergency Department Campaign.
.....
Niaaara Community Foundation
Ann-Louise Branscombe, President and Board Chair, and Liz Palmieri,
Executive Director, Niagara Community Foundation wish to update Council and the
community about the work of the Foundation.
PLANNING MATTERS
ITEM NO. 14 Public Meeting
AM-44/2003, Zoning By-law Amendment Application
Surface Commercial Parking Lots
Applicant: City of Niagara Falls
Background Material:
Recommendation Report: PD-2004-29
Please Note: There is a request for deferral.
. --
- 2 -
ITEM NO. 15 Correspondence from D.L. Enterprises
Re: AM-O9/2004, Zoning By-law
Amendment Application
Requesting deferral.
ITEM NO.16 Public Meeting
AM-O7/2004, Zoning By-law Amendment Application
Applicant: Janice Mariglia
Proposed Bed and Breakfast Operation
Background Material:
Recommendation Report: PD-2004-23
-AND-
Correspondence from Regional Niagara, Planning &
Development Department
Correspondence from Ann and Peter John Stokes
ITEM NO. 17 Public Meeting
AM-48/2003, Zoning By-law Amendment Application
Applicant: Nancy Mcintosh
Agent: Emilio Raimondo
Proposal to Eliminate Meeting Rooms
Background Material:
Recommendation Report: PD-2004-24
-AND-
Correspondence from Regional Niagara, Planning &
Development Department
ITEM NO.18 Public Meeting
Golia Estates Draft Plan of Subdivision
File: 26T-11-2004-01
Owner: Nicola Golia
Background Material:
Recommendation Report: PD-2004-27
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- 3 -
MISCELLANEOUS PLANNING MATTERS
1. Chief Administrative Officer PD-2004-05, Regional Chair's Agricultural Task
Force Discussion Paper - Securing a Legacy for
Niagara's Agricultural Land, A Vision from One
Voice.
2. Chief Administrative Officer PD-2004-26, New Provincial Planning Initiative
Amendments to the Planning Act; The Greenbelt
Protection Act and Provincial Zoning Order.
3. Chief Administrative Officer PD-2004-28, Secord Mills, Draft Plan of
Condominium; File: 26CD-11-2004-01; Owner:
1546952 Ontario Limited.
BUDGET MATTERS
1. Chief Administrative Officer F-2004-19, Optimist Club Request.
Please note: Mr. Mike Carey, Optimist Club wishes to address Council on the matter.
REGULAR COUNCIL
ADOPTION OF MINUTES: Special Budget Minutes of March 1, 2004; and Regular
Council Minutes of March 8, 2004.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
- 4 -
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL
ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE
MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED
OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
1. CD-2004-07, Special Occasion Permit;
2. F-2004-20, Statement of Remuneration and Expenses for Member of Council and
Commissions;
3. L-2004-16, Licence Agreementwith The Bruce Trail Association for Part ofTownship
Lot 5; part of road allowance between Gore Lot between Township of Stamford &
Niagara and part of Township Lot 7 Stamford; lying between Mewburn Road and
DP362; AND to proceed with permanently closing an unopened road allowance as
described;
4. L-2004-18, Permanently Closing Part of Brock Street and conveyance otan unopened
Road Allowance to Abutting Owners;
5. L-2004-19, Pattison Outdoor, licence agreement with The Corporation of the City of
Niagara Falls, Lot 175, being Part 19 on 59R-3044 and obtaining blanket authorization
to process and renew existing Easement Licences & existing outdoor advertising
Licence Agreements.
RATIFICATION OF "IN CAMERA" MATTERS
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-laws
listed for Council consideration.
2004-62 To amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
2004-63 To amend By-law No. 2004-01, being a by-law to permanently close part of a
highway. (Part of Lane lying between Victoria Avenue and Acheson Avenue
and Leader Lane and Ferguson Street)
- 5 -
2004-64 To establish Part 1 on Reference Plan 59R-12350 as a public highway, to be
known as and to form part of Kalar Road.
2004-65 To adopt, ratify and confirm the actions of City Council at its meeting held on
the 22"d day of March, 2004.
NEW BUSINESS
The Cily of .
Clerk's Department Niagara Falls
Inter-Departmental Memorandum Canada ~
0:;,,-
--- -
To: Mayor Ted Salci Date: March 22, 2004
& Members of Council
From: Dean Iorfida
City Clerk
Ext. 4271
Subject: Capital Budget
In the original Budget Schedule, it was indicated that the approval of the Capital Construction
Budget would take place at the March 22"d Council meeting. That will not be the case. It is expected
that the Capital Budget will be brought forward for approval at one of the April meetings.
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Workinø Toøet&er to Serve Our Communit:9
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03/12/2004 12: 21 19053587443 GNGH DEV./COM. REL PAGE 01
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'.'.....'.,
G!N.GtH
11IRG.F~
-I-'1\KJNERJNG WITH OUR COMMUNIT\' VeRA 1IEAL"nIIER NIAGAJ/A -
March 11, 2004
Barb Muir
City Hall
.4310 Queen Street
Niagara Falls, ON
L2E 6X5
Fax: 905-3.56-9083
Dear Barb,
Thank you for helping to iUrimgeformembers of Club Itaiia's Ladies AuxHi¡¡ry to
appear at the March 22, 2004 meeting of city còuncil. As I mentioned, this is tbe 5"'
Annual dinner in supportQfthehospita!.C1ub Italìa has made a pledge 01'$100,00010
hdp with the construction of the new EnwrgellCY Department and proceeds fì:òm this
eyent will be used towards this colJUÌ1Ìt.m.ent.
There wm be three representatives from tbe Ladies Auxiliary, Marguerita l~adíce,
Mary Fruci and Angela Sofia. They will make a brief presentation to City Council
inv;r.;ng ""veryon" in Niagara Fall~ to orin ! their lamilies and e1\ÌOY a Llood meal Wbik
supporting our hospitat
Thanl:s agajnB¡u:b. We åppreciBteyour help.
Sincerely,
~v<--.<--~ /rfA/C£;;""-c
Carrie HUtton
GNGH Foundation
PLÞ.NNING MEE.I\NG ~
<1REAIER NlAGAJ/A OEI'i8I!AL HOSPI'IJ'.L FOUNDATION
Malll"R Ada""", ~O..'B!I1Ì' IOrS.1'!¡B(;J>ra Valls. Dn"'rlò. Ú"nad. L2E (;)(2
1.I..hon.-905-{Jõ~49! O . Facsimile 005-{J58- 7443
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NIAGARA COMMUNITY FOUNDATION
-=>
Feb. 5,2004
Mayor Ted Saki
City of Niagara Falls
4310 Queen St.
Niagara Falls, ON L2G 2N2
Dear Mayor Saki,
Congratulations on your election to the Mayor's position. With changes in government at both
the provincial and federal levels, the next three years should prove to be a very exciting, albeit
challenging, period.
As you know, The Niagara Community Foundation was officially launched in November of
2000. The Foundation was created through the vision of Mr. Frank Branscombe and the
leadership of former Regional Chair Debbie Zimmerman.
As we move into our fourth year as an institution established to meet the ~PiC interests
of donors and to serve charities throughout the Niagara region, we would be . ted in
making a presentation at an upcoming council meeting so that we can update the members of
your council, your staff, residents and groups in your community about the work of the
Foundation, and especially about our impact in your community.
We are an independent public foundation and registered charity run by a board of directors who
are leading citizens from around Niagara. The Foundation has three main objectives:
0 to pool the charitable gifts of many donors into permanent, income-earning endowment
funds that benefit charities in the region
0 to make grants from the earnings on these funds to support a range of local initiatives -
including health, education, social services, arts, and the environment
0 to provide leadership to <JUT community by bringing people together from all sectors to
identify and address local'issu.es
The presentation to your coun-cil would be made by one of the members of our Board of
Directors in conjunction with our Executive Director, Liz Palmieri. I have attached a brief
background about the Foundation for your review.
We look forward to making this presentation at an upcoming council meeting. ---
Sincerely,
~.-I..~ ~~V'
Ann-Louise Branscombe
President and Board Chair
PLANNiNG MEETiNG -
17 Qu«n Su«,. 3,' Fl.. SL C"h.dn". ON L2R 5G5 ph. 905.684.8688 fn 905.684.2337
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.
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NIAGARA COMMUNITY FOUNDATION
=>
About Us
A Charity for Charities
The Niagara Community Foundation exists to support other charities whose work helps
make Niagara a better place to live... it is a charity for charities. The Foundation funds
initiatives from a broad spectrum of interests including arts and culture, education,
recreation, social services and the environment.
Areas Served
The twelve municipalities in the Region of Niagara.
Our Vision
Linking legacy to community forever
Our Goal
To generate in excess of $10,000,000 over time that will enable us to make grants of more
than $450,000 per year.
Our Role
The Niagara Community Foundation:
. Builds endowments focusing on Niagara's community needs
[I] . Grants monies with integrity, sensitivity and creativity
. Collaborates with the community and individuals to meet the philanthropic goals of the
donors and the needs of the community
. Facilitates individual gifts that will have a long term benefit for the community
. Is an organization of recognized leaders who through their skills bring leadership to the
comìIlumty
What We Do
. We provide a means of keeping charitable donations within the community
. We are not in competition with other charitable organizations; we support them
. We create an endowment fund from which only the earnings are disbursed every year
[I] . The endowments we manage for donors allow them to provide gifts forever.
Choice of Endowment Funds
Donors may create or contribute to any of the following funds.
General Community Fund
A donation to this fund gives the Foundation the greatest flexibility. The earnings on this
fund enable our Board of Directors to respond to current community needs through the
awarding of grants to charities throughout Niagara.
17 Q"" S"on- "d F1,- SL C"h"',,,- ON L2R 5G5
ph. 905.684,8688 fa 905.684.2337 om,iI "f@bn""",, www.""",comm"ò<yf",d,,'oo,oog
Corporate Services Department PD-2004-29
~~ ~;lo"b~~~~ï:rPm." Doug Darbyson
The City of P.O. Box 1023 Director
Niagara Falls Niagara Falls, ON . L2E 6X5
Canada ~ web site: www.cltY.nlagarafalls.on.ca
--- - .J' Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: plannlng@clty.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-29, Zoning By-law Amendment Application
AM-44/2003, Surface Commercial Parking Lots
RECOMMENDATION:
That Council defer consideration of the above noted matter until May 17, 2004 in order to allow
Staffto work with interested local stakeholders to deal with issues raised in relation to this matter.
BACKGROUND:
On January 19,2004 Council deferred consideration of a City-initiated zoning by-law amendment
to eliminate surface commercial parking lots as a permitted use in the Fallsview and Clifton
Hill/Victoria Avenue areas, in implementation of the IBI Parking Strategy for the People Mover
Project that was approved by Council on October 20, 2003. This matter was again deferred on
February 23, 2004 at Staffs recommendation to enable Staff to meet with various local stakeholders
to discuss issues raised by the stakeholders concerning the proposed zoning by-law amendment. The
dialogue with the local stakeholders is continuing in respect of a number ofthe issues that have been
raised, as set out below, and it is accordingly deemed desirable and prudent to further defer the
matter to allow these discussions to continue with the hope that a satisfactory resolution can be
obtained.
Attached are copies ofthe previous two reports to Council as well as a form letter sent by the Project
Director to all of the local stakeholders advising of Staffs intention to request Council to further
defer this matter. As Mr. Lustig's letter sets out, a number of meetings have been held and among
other things, issues concerning the following subjects have emerged:
legal non-conforming uses cash-in-lieu policies
(and form of the proposed temporary use by-laws
by-law relating only to surface competition issues
commercial parking lots in Official Plan conformity
Fallsview - Clifton Hill/Victoria licensing
Avenue areas)
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Devetopment
-~_.- -~- -~~- ..
March 22, 2004 - 2 - PD-2004-29
In order to properly assess these issues and hopefully address them to the satisfaction ofratepayers,
while at the same time attempting to maintain parking policies that are supportive of the People
Mover Project, will take a little longer time. For example, the City's Planning Division is presently
considering an Official Plan Amendment to address an issue that was raised. As well, the City's
Parking Division has scheduled meeting(s) respecting the licensing issue.
RÐO~:- Respectfully submitted:
J ~(Jø/
Doug Darbyson ¥ John MacDonald
Director of Planning & Development Chief Administrative Officer
~ ./~ J Approved by:
fß~
E. P. Lustig, T. Ravenda
Director People Mover - oject Executive Director of Corporate Services
EPL/DD:tc
Attach.
S;IPDR\20041PD2004-29. Surface Commercial Pkg Lots-wpd
Corporate ServIces Department PD-2004-o1
:i~ Planning & Development Doug Darbyson
The City of 4310 Queen Street Director
Niagara Falls P.O. Box 1023
Canada Niagara Falls, ON L2E 6X5
~ web site: www.city.niagarafalls.on.ca
'" no" MATI" .m,",." ,.""m I
-- Tel.: (905) 356-7521
Fax: (905) 356.2354
E-mail: planning@city.niagarafalls.on.ca
January 19, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-01, Zoning By-law Amendment Application
AM-44/2003, Elimination of Parking Lots as Permitted Uses
Applicant: City of Niagara Falls
RECOMMENDATION:
It is recommended that:
1) Council defer its decision regarding the City initiated Zoning By-law amendment which
proposes to require approval of Council for any new surface parking lots for purely
commercial purposes in the Fallsview and Clifton Hill area in order to give concerned
citizens and property owners an opportunity to review this report and have their questions
properly addressed by staff; and
2) this report be circulated to all parties having expressed an interest in this proposed
amendment and that the matter be brought back for Council's consideration on February 23,
2004.
BACKGROUND:
As Council is aware, the ffiI Group was engaged (at the expense of Falls Management Company)
to prepare a Parking Strategy Study since it was deemed critical to the ultimate success of the
Niagara Falls People Mover Project that parking strategies be devised to support ridership in order
to enhance the potential economic viability of the project. given the Partners' (the City, OLGC and
NPC) position that the project would be financed and operated by a private sector partner as part of
a public/private partnership without further cost or risk to the City.
At the Community Services Committee meeting on April 7, 2003, a preliminary draft of the report
was reviewed in general tenns with the Community Services Committee. At that time, the following
points were made:
. About 90% of the people who visit Niagara Falls arrive in automobiles that need to be
parked. Accordingly, converting "parkers" of motor vehicles into "riders" of the system is
a key challenge.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems' Legal Planning & Development
"
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January 19, 2004 -2- PC-2oo4"()1
. To complement the People Mover System and to maximize ridership capture, it is necessary
to develop and implement a parking strategy. It has been recognized that the location, supply
and management of parking facilities will be a key to the success of the People Mover.
. Having supported and approved the Official Plan, Environmental Assessment and the
acquisition of the lands for this Project, it is now critical for the City to implement a parking
strategy to provide for the support of the economics of the Project so that it can occur and
also to protect the investment that the local taxpayers have made. Unless ridership is
supported by a rational parking strategy, it is unlikely that private investment in the Project
will occur.
Subsequently, IBI, Totten Sims Hubicki and the Project Director visited with each of the major local
private stakeholders in the tourist area on an individual basis to discuss the draft Parking Strategy.
In light of the importance of the report, it was the Director's view that these direct consultations with
interested local parties were necessary. Accordingly, there were over 10 such consultations and
while this exercise delayed the final preparation of the report, it was an extremely worthwhile effort
providing valuable input that resulted in a number of positive changes to the draft report.
At its meeting on September 29, 2003, the Steering Committee for this Project unanimously
approved the report and directed that it be forwarded to City Council for approval. The membership
of the Steering Committee includes the Mayor, the CAD, the President of OLGC, the President of
FMC, the Chainnan and General Manager of NPC and the Project Director.
Copies of the full report and the Executive Summary thereofwere forwarded to all of the major local
tourism stakeholders as well as all of the Tourism BIAs and the Visitor and Convention Bureau on
October 8, 2003 with a request for comments and an invitation to attend the Council Meeting of
October 20, 2003 for final approval of the report. As a result, a letter ftom the Lundy's Lane BIA
and a letter ftom HOCO Limited were received requesting changes. The comments contained in
those two letters were reconciled with appropriate changes to the report. The report went to Council
last October 20,2003 and after a presentation by Mr. Loane ofIBI and comments by Mr. Lustig,
Council unanimously adopted the report including the recommendation to take "all necessary steps
to implement the report". Arepresentativeofthe Victoria Avenue BIA and the FallsviewBIA were
present at the meeting but did not request the opportUlÙty to speak. No other person came forward
to speak to the matter.
Accordingly, the final report represented the work ofthe consultant IBI with input from the Partners
and various major local private stakeholders who were consulted during the course of its preparation.
The authors of the report attempted to reconcile, to the greatest extent possible, the views ofvarious
interests that were presented to it while at the same time maintaining the basic principle that parking
strategies are needed to support ridership in order to enhance the potential economic viability of the
Project thereby protecting the City's investment.
As Council is aware, recently the City received approval from the Federal Government for Canada
Strategic Infrastructure Funding for this Project in the amount of $25 million. In reviewing the
City's application for this funding, Federal Government representatives made it clear that theyregard
the implementation of a supporting parking strategy as an important component in relation to their
grant.
January 19, 2004 -3. PD-20D4-D1
As Council is also aware, the Project has been set up as a public/private partnership. The City has
taken the position that together with its Partners NPC and OLGC it will make the lands required for
the Project available for the route for a communitY acceptable proposal provided a Private Proponent
(consortia/investor) takes all responsibility for the costs of design, build, finance, operation and
maintenance of the proposed facility (i.e., all risk) other than the Federal Government's Grant
contribution. The process of selecting a private proponent under these conditions within a
transparent competitive scenario was commenced over nine months ago with the issuance of Request
for Expressions of Interest. It is submitted that ridership is the key to revenues and economic
feasibility for the Project and having access to "parkers" is a key to getting "riders". These potential
Private Proponents, in the absence of any guarantee or financial commitment to ridership revenues
iTom the CitY or its Partners, are unlikely to make the investment required to build the Project. The
potential Private Proponents have to be able to depend upon the City to use its regulatory and zoning
controls to create conditions that would avoid the proliferation of new purely commercial parking
spaces that are competitive to and unsupportive of the People Mover Project and its potential revenue
stream. Without these conditions, it is unlikely that they would be able to achieve the necessary
return on investment sufficient to make a significant investment in the Project.
The RFQ (Request for Qualifications) part of the process for this Project has now been concluded.
Six groups were qualified to participate and the next phase of the process, being the RFP (Request
for Proposals) is now underway. Among the six groups that have been qualified are some ofthe
largest companies involved in transportation projects world wide including Bombardier, Siemens,
SNC-Lavalin, Mitsubishi and others. These groups have indicated the importance of a parking
strategy to sustain the viability of any proposal for this project that may make.
Scope of Proposed By-law Amendment
The recommendation contained in tonight's report would implement one of the over 30 strategies
contained in the Parking Strategy Study as approved by Council last October 20, 2003. Ifapproved,
it would require approval iTom Council of any new surface parking lots for purely commercial
purposes in the Fallsview and Clifton Hill areas. (Presently commercial parking structures require
such approvaL) The effect of this change would not impact any existing purely commercial legal
surface parking lots and would not impact the provision by the owners of hotels and other tourist
establishments of providing parking facilities of any kind to serve the parking needs of their patrons
or employees on-site or even off-site if approved by by-law whether for a parking fee or not.
Moreover, the Parking Strategy Study approved by Council even allows for such owners to market
their surplus parking spaces to non-patrons or employees ¡ftied to a People Mover pass. As such,
the change contemplated in the recommendation contained in this report is only aimed at the
development of new sudace parking lots for purely commercial pnrposes that wonld reduce
the potential viabilitY of the People Mover Project.
In order to effect the change described in recommendation 1 of this report, the technical requirement
for the amendment will:
1) eliminate "Parking lots with services" as a permitted use in the Commercial 1 (C-1) and
Industrial I (I-I) zones of By-law No. 5335;
2) eliminate "Parking lot" as a permitted use in the General Commercial (GC) and Tourist
Commercial (TC) zones of By-law No. 79-200; and
- ,. - - -
--~. ~-------_.._--y---- '"
------~---_. --
January 19, 2004 -4- PD-2004-o1
3) add a provision to the Parking (P) zone of By-law No. 79-200 to clarify that a commercial
parking lot is not a pennitted use.
Since public notification of this proposal, staff has received letters and calls of concern from
stakeholders. Because ofthis, staff is requesting deferral of the proposal until Council's meeting of
February 23, 2004 in order to allow for further discussion with stakeholders.
"""fu'~ H
hn MacDonald
hief Administrative 0 Icer
Recommended by:
j)!?~--
Doug Darbyson
Director of Planning & Development
Approved by:
~
T. Ravenda
Executive Director of Corporate Services
ID:gd
Attach.
S:\PDR\2004\PD2004-01. AM-44-{)3, Elimination o¡Parking ù>ts.wpd
Corporate Services Department PD-2004.14
PlannIng & Development Doug Darbyson
:Ø1 4310 Queen Street Director
The City of P.o. Box 1023
Niagara Falls Niagara Falls, ON . L2E 6X5
Ca"ado ~~ -oO ,"". -.0.",_'"".00." ~"MATTERD""RED"CO",C1L i
':..I
-- - Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: pianning@city.niagarafalls.on.ca
February 23, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-14, Zoning By-law Amendment Application
AM-44/2003, Surface Commercial Parking Lots
RECOMMENDATION:
It is recommended that Council defer consideration of the above noted matter until March 22, 2004
in order to allow staff to review all comments and concems raised by the stakeholders.
BACKGROUND:
On January 19, 2004, Council deferred consideration ofa City-initiated Zoning By-law amendment
to eliminate surface commercial parking lots as a permitted use in the Clifton Hill and Fallsview
subdistricts. Staff has met with the various stakeholders to discuss the proposed amendment. A
number of issues have been raised which need to be properly assessed before the matter is brought
back to Council. Accordingly, a deferral to March 22, 2004 is recommended. Attached is a
memorandum fi-om the Director of the People Mover Project.
---. -- APfP:;~ .
T. Ravenda
Executive Director of Corporate Services
Recommended by: Respectfully su~
\'§~::J!.- 1t1 cr¡;
Doug Darbyson
Director of Planning & Development
~ .r' 2"'"
/ . )
E.P.Lustig ...
Director of People Mover Project "
JB:tc S:\PDRI2004\PD2004.14, Elim;",t;oo ofPkg Lo",wpd
Working Together to Serve Our Community
Clerks Finance Human Resources Informetion Systems Legal Planning & Development
u_-'-~ "
-'----~---- __n__-_n-_~ ____n~__~_~'-
Di"oM Pwpl, ...~ Pmj"'.& Inter-Department Memorandum
HI~.FRLLSCL
TO: D. Darbyson DATE: February 16,2004
Director of Planning & Development
FROM: E. P. Lustig
Director People Mover Project, Ext. 4203
RE: PD-2004/01, AM-44/2004 " '-;,
- Surface Connnercial Parking Lots in Fallsview and Clifton HilWieioria Avenue
" ".
On January 19, 2004 the above noted report was deferred by Council until February 23'" pending
meetings with "concerned citizens and property owners".
As you know, we now have had meetings with each of the Fa1Isvicw BIA and Victoria Avenue BIA
(as well as individuals in those areas) and are meeting this Wednesday and Thursday with the Clifton
Hill BIA and the Lundy's Lane BIA as well as other persons who have made specific arrangements
to meet with us,
--'
While the BIAs have told us that they are very supportive of the People Mover Project and value our
efforts to move the Project folWard, it appears that there a number of issues that are now being raised
with respect to the above noted proposed zoning amendment as well as the Council approved IBI
Parking Strategy.
We have always attempted to try to address issues that are raised with us regarding the Parking
Strategy and since we will not know all of the comments until after our meetings this Thursday
afternoon (i.e. after this Wednesday's Staff Management Meeting), we have agreed that it would be
prudent to put this matter over until the next CounciVPlanning Meeting on March 22ft'.
EPL:rn ¿ /~ ¿j
Chief Adnúnistrative Officer
c: -
- 'Executive Director of Corporate Services
- City Solicitor
- €ity Clerk
1fØ~ 1:2 ENTERPRISES I
DE$IGN. DRAFTING & SITE $UPIÕRVISION C L6R,K) Pll,
7094 YORK DRIVE - NIAGARA FALLS. ONTARIO L2E 7A3 . PHONE 374-0690
March 17,200""
The City of Niagara Falls
Planning & Development
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario L2E 6XS
Attention: Mr. Doug Darbyson, Director
Dear Mr- Darbyson:
Re: AM-09/20O4, Zoning By-Law Amendment Application
6177 McLeod Road, Proposed Four-Unit Apartment-
'Could you please defer the above noted application that has been scheduled for a
Pablic Meeting on Monday, March 22, 2004. We would like to discuss this application
with our-client and his Solicitor, since we have received some concerns on March 16,
2004 ITom your Planning Staff on the density issue ofthis Development, after our
submission.
We will be in contact wíth you in thç next few days to set up a meeting and
discuss this matter further.
:.-, L-
Donato A. Colangelo, C.E.T., President
cc: - Dean Iorfida, City Clerk
- Disante Management Inc.
RECEIVED
MAR 1,8 2OOIt
PLANNING
& DEVELOPMENT
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Corporate Services Department PD-2004-23
The City of 4~ PI",',. & O""'p.'" Doug Darbyson
4310 Queen Street Director
Niagara Falls P.o. Box 1023
Canada ~ Niagara Falls. ON L2E 6X5
.-i web site: www.city.niagarafalls.on.ca
--- -
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mai;: planning@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-23, Zoning By-law Amendment Application
AM-O7/2004, 6362 Maitland Avenue
Applicant: Janice Mariglia
Proposed Bed and Breakfast Operation
RECOMMENDATJON:
It is recommended that Council approve the requested Zoning By-law amendment application to
permit the existing single detached dwelling at 6362 Maitland Avenue to be used as a tourist home
(bed and breakfast accommodation) containing no more than three bedrooms for tourists.
BACKGROUND:
An amendment to Zoning By-law No. 79-200 has been requested to permit an existing single
detached dwelling at 6362 Maitland Avenue (See Schedule 1) to be used as a tourist home (bed and
breakfast) containing up to three bedrooms for tourists. Schedule 2 shows details of the development
as originally proposed. After discussions with staff, the parking area was reduced in size to increase
landscaping and amenity space. Details of these revisions are shown as Schedule 3.
The land is currently zoned Residential Single Family and Two Family (R2). The R2 zoning is
requested to be amended site specifically to permit a dwelling on the land to be used as a tourist
home containing up to three (3) bedrooms for tourists.
Surrounding Land Uses
The subject land is surrounded by single detached dwellings to the north, east and west. The subject
property backs onto commercial properties fronting onto Lundy's Lane to the south.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
-~------_.--~------ . ..
March 22, 2004 -2 - PD-2004-23
Circulation Comments
Regional Municipality of Niagara The land lies within the Niagara Falls Urban Area
Boundary according to the Regional Policy Plan.
The proposed bed and breakfast is a small-scale
home occupation use that would not have a
detrimental impact on the surrounding area. The
Region is not opposed to the proposed amendment
from either a Regional or Provincial planning
perspective.
Municipal Works The existing municipal services and road widths
are adequate to service the City's needs.
Provided there is a no new building construction,
development charges are not applicable.
(Applicability of Development Charges to be
reviewed at the time of building pennit review)
No objections or conditions to impose.
Parks, Recreation & Culture No objections.
Building & By-law Services All required building pennits to be obtained prior
to construction. The owner is to contact Building
& By-law Services for all requirements for
renovation to the existing dwelling.
Planning Review
The following is a sununary of staff's assessment ofthe application:
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. Lands under this designation
are intended to be used primarily for dwelling units. Bed and Breakfast accommodations are
pennitted within owner occupied homes where they are considered to be compatible with the
residential neighbourhood. Establishment of these facilities is to be regulated as to their
location, size and traffic generation to minimize potential disturbances to adjacent properties
and to protect the character and identity of the overall neighbourhood.
The proposed bed and breakfast confonns to the Official Plan as follows:
There is convenient access to the Lundy's Lane tourist district.
The reduced parking area and increased landscaping as currently proposed and shown
on Schedule 3 will better ensure the use will not negatively impact the neighbouring
properties. The residential character of the property will be maintained.
March 22, 2004 - 3 - PD-2004-23
The property is large enough to provide the required parking in the rear yard, while
providing sufficient amenity space and retaining the ftont yard for landscaping.
A bed and breakfast with three bedrooms for tourists would generate minimal traffic
in the neighbourhood.
2. The requested amendment is appropriate for the site.
The property is zoned R2. The applicant has requested site specific provisions to be added to
the R2 zoning to permit a three-room bed and breakfast. The dwelling would continue to
conform with the intent of the existing zoning and would be maintained in a manner that is
appropriate with the surrounding areas.
CONCLUSION
The requested amendment can be supported for the following reasons:
1. The proposal is within the intent and purpose ofthe Official Plan respecting bed and breakfast
accommodations.
2. The site is easily accessible to Lundy's Lane tourist areas.
3. There is sufficient lot area for parking and amenity space.
4. The residential character of the property will be maintained.
Prepared by: Respectfully submitted:
~ /37( dW~~
Andrew Bryce ~ John MacDonald
Planner 2 Chief Administrative Officer
Recommended by:
'Ð~--
Doug Darbyson
Director of Planning & Development
Approved by:
f (1Jffvt fJL
T. Ravenda
Executive Director of Corporate Services
AB:pb
S,IPDR\2004IPD2004-23, AM-O7-04, 6362 Maitland Ave.wpd
-~---- --~ -~---- -_._-_._.~_.._-~--
SCHEDULE 1
LOCATION MAP.
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Amending Zoning By-law No. 79-200 ~
Location: 6362 Maitland Avenue J
Applicant: Janice Mariglia ,
AM-O7/2004 J:NTS
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Regional PLANNING AND DEVELOPMENT DEPARTMENT
NIAGARA
9ßf The Regional Municipality of Niagara f'J\IJ.12LI-'. '1.1--10\-
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: (905) 984-3630
Fax: (905) 641-6208
E-mail: plan@regional.niagara.on_ca
February 20,2004 File: D.10.M.11.23
Doug Darbyson, MCIP, RPP f ~-PI.nnl"g
Director of Planning and Development ""'"(Ied
City of Niagara Falls Fì!@; 20MI"'",
4310 Queen Stre~t - ,/ Clerks fß,
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
RE: Zoning By-law Amendment Application
6362 Maitland Street
Janice Mariglia
City of Niagara Falls
Your File: AM-07/2004
This application proposes to amend the City's Zoning By-law to allow an existing single
detached dwelling to be used as a tourist home (beq and breakfast) containing up to
three bedrooms for tourists.
This site is within the Niagara Falls Urban Area Boundary according to the Regional
Policy PJan and designated Residential in the City's Official Plan. The proposed bed
and breakfast establishment appears to be a small scale home occupation use that will
be provided within an existing residence. This should maintain the character of the
surrounding area without any detrimental impact. The City, however, may have more
specific requirements that should be regarded, Regional Planning staff would not be
opposed to the approvaJ of the proposed Zoning By-law amendment from either a
Regional or Provincial planning perspective.
Please send notice of City Council's decision on this application-
Yours truly,
~~
Peter Colosimo, MCIP, RPP
Senior Planner
c: CounciliorW. Smeaton
M:\MSWORDlPCINFzbla\6362 MaiUandSI MangUe.dOc
RECEIVED
FEB 2 3 2004
PLANNING
& DEVELOPMENT
-----~- . ------ - -"-
~--
.. I --j
ÆTfR JOHN STOKES, B.Arch., ~Lt F.R.A.I.G. ......þ Planning
ScBnned
Rle: ZOl\JíÑ&
Consulting Restoration Arc ¡Ject LL(;/Zk5 'fß. ~
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'M "'G ~ ',0, '" n" "AGA,^~"li'" O",A",O ". '"" PHONE (905) 458."7840
IGHarch, 2004
Doug Darby&on, E5'l" '
Director of Plalllling and Deve10 ment,
City of Niagara Falls, ! '
City Hall, 4310 Queen Street, '
Niagara Falls', Ontario. i
LZE 6XS.
Dear Mr. Darbyson, Ite: City FUe AM 07/2004
With regard to, the pr~posed amendment to Zoning By~Law No. 79 - ZOO
to permit a tourist nome at 6362 ~aitland Street we would wish to make the
following comments with regard to 'the proposed Site Plan attached and seemingly
..~.". bfu_<fu, '<~'1'; fuH"""
(1) It would appear t a~ the whole of the'backyard is Co become parking
access, which may confirm an ex sting arrangement to the existing acceasory
building to the rear. ,
, !
- .""'~< ~y ~~ j'..' .."'.",.,., .m ".m' .. ". ,"pm,
might be unfortunate for the i ediate eastern neighbour. ,
(2) If'addition~l,ope y;.rd space should ha~e 'to be provided the Huish
should be of a permêBole naCur Co help preserve che neighbourhood water-table,
and pre~erably "green" in naturJ, either a plastic "-gg-<:rate turf reinforcemenc
(eg. Martek) or Turfstone, of c nsolidated gravel or stone fines rather than
asphalt or concrete.
(3) There seems to be inlidequate screening to the east side neighbour's
rear yard particularly at the p k¡tng yard and spaces" '
By taking 'a few i hee off the width of each parking space, shown
on,plan as a full 10-0" , all east rn border could be created for a columnar
evergreen hedge and/or fence as $uitab1e screen and continuation of that infue
~orth half. I ;
Otherwise the lot appe 1'9 to be a sufficiently generous size to
accommodate this change in,use.
y¡::~~
Ann and Peter John St es .
(;;781 Highland Avenue, Niagara Falls)
RECEIVED
I MARt 1 2004
PLANNING
, & DEVELOPMENT
I -"---_._,- -- , --- --~-
u- --- n-
Corporate Services Department PD-2004-24
The C1y of i~ PI,,"'", """'opm,,, Doug Darbyson
I 4310 Queen Street Director
Niagara Falls P.O. Box 1023
Canada I!I Niagara Falls, ON L2E 6X5
¿ web site: www.city.niagarafalls.on.ca
---
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-24, Zoning By-law Amendment Application
AM-48/2003, 6289 Fallsview Boulevard
Applicant: Nancy McIntosh
Agent: Emilio Raimondo
Proposal to Eliminate Meeting Rooms
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment application to
eliminate meeting rooms from the existing Best Western Fallsview Hotel at 6289 Fallsview
Boulevard.
BACKGROUND:
Nancy McIntosh has requested an amendment for the land known as 6289 Fallsview Boulevard, site
of the Best Western Fallsview Hotel, as shown on Schedule 1. The amendment is requested to
permit the elimination oftwo meeting rooms within the hotel that are required by the Zoning By-law.
The subject land is currently zoned Tourist Commercial (TC). The definition of hotel in the Zoning
By-law is proposed to be site specifically modified to eliminate the requirement of having to provide
meeting rooms within the hotel.
Site Description and Surrounding Land Uses
6289 Fallsview Boulevard is currently occupied by the Best Western Fallsview Hotel, an existing
six-storey hotel with a one-storey restaurant portion that extends out toward Fallsview Boulevard.
Surrounding land uses are a variety oftourist commercial uses including hotels, motels, restaurant,
the Skylon Tower and Casino Fallsview.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
-~-_nT-'--- -~--- - ------r--~-~---
March 22, 2004 -2- PD-2004-24
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comment. No objections or concerns have been raised regarding the proposal.
Planning Analysis
1. The applicant is proposing an addition to the hotel.
The proposed addition, as shown on Schedule 2, will involve the construction of additional
restaurant space and new retail units. As proposed, the addition would have resulted in a
parking deficiency. Rather than obtain relief ITom the Zoning By-law requirements for
parking, discussions with applicant and architect revealed that the meeting rooms in the
existing hotel could be eliminated as they are not being used and could be converted to
storage and office space, neither use required parking. The elimination ofthe meeting rooms
will result in the development complying with the parking requirements of the Zoning By-
law.
2. The proposal does not offend the Tourist Commercial policies of the Official Plan.
The land is designat~d Tourist Commercial in the Official Plan and is within the Fallsview
subdistrict. The subdistrict is to function as the primary location for large-scale
accommodations, entertainment, retail and cultural attractions. Although the area is
developing in this manner, low to medium-rise hotels are being built or renovated to service
a segment of the tourist population that requires a more modest level of amenities.
Juxtaposed against the high-rise hotels that offer convention/conference facilities, the low
to medium-rise hotels do not require meeting rooms or banquet facilities and have restaurant
facilities that may only provide breakfasts given the variety of restaurants in the area.
Consequently several new hotels have received Council approval to eliminate the Zoning By-
law requirement to provide meeting rooms within a hotel. Given the nature of development
in the Fallsview district, the proposal to eliminate the meeting rooms ITom the Best Western
Fallsview hotel does not offend the Tourist Commercial policies of the Plan.
3. The requested amendment is appropriate.
The subject land is currently zoned Tc. The elimination of the meeting rooms, site
specifically, ITom the hotel can be supported as this By-law requirement is now outdated
since, as noted above, the standard of hotel development has improved since the inception
ofthe Zoning By-law.
CONCLUSION:
Staff can recommend the requested amendment to eliminate meeting rooms from the hotel as
required by the Zoning By-law because:
. the proposal does not offend the Tourist Commercial policies of the Official Plan;
SCHED ULE 1
LOCATION MAP.
Subject Land
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Amending Zoning By-law No. 79-200 ~
e
Location: 6289 Fallsview Boulevard ~
Applicant: Nancy Mcintosh
AM-48/2003 I:NTS
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fèg/onBJ PLANNING AND DEVELOPMENT DEPARTMENT
NIAGARA
91 The Regional Municipality of Niagara
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 417 -Þ ~;;~d !
Telephone: (905) 984-3630
Fax: (905) 641-5208 File: 2JJMìJb
E-mail: plan@regional.niagara.on.ca V Cl..ÇRKS Re.
March 8, 2004 File: D.10.M.11.23
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Darbyson:
RE: Zoning By-law Amendment Application
6289 Fal/sview Boulevard
Nancy Mcintosh
City of Niagara Falls
Your File: AM-48/2003
This application proposes to amend the City's Zoning By-law to permit the elimination of
two meeting rooms within the existing Best Western Fallsview Hotel that are currently
required in accordance with the Zoning By-Iaw-
These lands are within the Niagara Falls Urban Area Boundary according to the
Regional Policy Plan and designated Tourist Commercial in the. City's Official Plan.
Regional Planning staff is not opposed to the approval of the proposed Zoning By-law
amendment from a Regional or Provincial planning perspective.
Please send notice of City Council's decision on this application-
Yours truly,
p~~, RPP
Senior Planner'
c: CounciilorW. Smeaton
W. Stevens, Regional Public Works
M:IMSWORDIPCINFzblaI62S9 Fallsvlew Mclnlosh.doc RECEIVED
MAR - 8 2004
PLANNING
& DEVELOPMENT
Corporate Services Department PD-2004-27
Doug Darbyson
Director
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-27, Public Meeting
Golia Estates Draft Plan of Subdivision
File: 26T-1l-2004-01
Owner: Nicola Golia
RECOMMENDATION:
It is recommended that Council consider input received at the Public Meeting and refer all matters
to staff for review of the Golia Estates Draft Plan of Subdivision.
BACKGROUND:
The purpose of this Public Meeting is to receive information and provide an opportunity for the
public to comment on the proposed subdivision. Planning & Development will consider all
comments received from the public, Region, agencies and City divisions and prepare a
recommendation report to Council at a future meeting. There is to be no decision made at the
meeting held tonight. Notice ofthe Public Meeting was given in accordance with the requirements
of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an
overview ofthe subdivision proposal and answer any questions.
Proposal
The applicant proposes to subdivide a 2.335 hectare (5.77 acre) site into 25 lots for single-detached
dwellings. The property is located on the east side of Stanley A venue and north side of Portage Road
as shown on Schedule 1. A cul-de-sac roadway is proposed to connect with Stanley Avenue and
contains the majority of the lots. There are three lots fronting on Portage Road and three lots
fronting on Stanley Avenue proposed with driveway access to these roadways. Schedule 2 illustrates
the submitted subdivision layout. The City's Official Plan designates the property Residential which
permits a variety of housing types. The land is currently zoned, in part, Prestige Industrial (PI) and
Residential Single Family (RlE) by Zoning By-law No. 79-200. The applicant has requested the
zoning of the land be changed to a modified Residential Single Family lE Density (RlE) category.
The related zoning by-law amendment (File AM-05/2004) will be subject to a Public Meeting at a
later date.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
-----~ --- r--~- -~------- . ..
March 22, 2004 -2- PO-2004-27
Preliminary Review
Based on input received to date ftom the circulation of the subdivision and preliminary staffreview,
the following outlines some of the issues for consideration in the lotting design and future decision
on the applications:
. individual driveway access to Stanley Avenue, traffic impacts, sightlines, increased dwelling
setbacks from this roadway and landscaping treatment;
. noise impacts ftom nearby CN Rail lines, traffic and potential hydro construction associated
with Sir Adam Beck III; and
. the inclusion of two additional properties to the north (2220 & 2256 Stanley Avenue) in the
zoning amendment to be in conformity with the Official Plan designation of Residential
approved through an amendment for this quadrant in 2001.
CONCLUSION:
The Public Meeting is an important part of the consultation and input process in the review of
development applications. This meeting satisfies the requirements ofthe Planning Act. Comments
received will be considered in preparing the recommendation report on the proposed subdivision.
Prepared by: Respectfully submitted:
~~ 1~
Richard Wilson --tOr John MacDonald
Planner 2 Chief Administrative Officer
Recommended by:
~;)---
Doug Darbyson
Director of Planning & Development
Approved by:
1~~
T. Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
S,IPDRI2004IPD2004-27. Gol;, E""es Dmft Plan of Subd;v;,;on.wpd
SCHEDULE 1
Proposed Plan of Subdivision
Golia Estates
26T-11-2004-01
Location Map
THOMPSON RD
Li -~
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Subject Land ~
J:NTS
K,IGIS - Requ"~\2004\S,h<dul"\Subd;~';o,,,\Goli, "tat"""'pp;n.-,!" Mmh2003
------~---- --------- --~- ----~-------~ ..
SCHEDULE 2
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Corporate Services Department PD.2004.05
Doug Darbyson
Director
His Worship Mayor Ted Sa1ci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-05, Regional Chair's Agricultural Task Force Discussion
Paper - Securing a Legacy for Niagara's Agricultural Land,
A Vision from One Voice
RECOMMENDATION:
It is recommended that this report be forwarded to the Regional Chair's Agricultural Task Force as
the City's preliminary comments on the Agricultural Task Force Discussion Paper.
BACKGROUND:
A Regional Chair's Task Force on Agriculture was organized in early 2003 to discuss the key issues
impacting the viability of agriculture in the Niagara Region. The formation of the Task Force
evolved from a panel discussion on the concept of an agricultural preserve at the 2nd Annual Smart
Growth Niagara Summit held in November 2002.
The Task Force has prepared a discussion paper entitled "Securing a Legacy for Niagara's
Agricultural Land - A vision from One Voice". The discussion paper has been circulated to key
stakeholders for review and comment as part of the public consultation phase ofthe Task Force's
Work Plan. A presentation on the Discussion Paper was made to the City's Community Services
Committee by Patrick Robson, Director of Corporate Strategy for the Niagara Region on January 19,
2004. No action on the presentation was taken by the Committee.
Purpose of the Discussion Paper
The purpose of the Task Force Discussion Paper is to define a Regional Strategy dedicated to
securing a long-term, economically viable agricultural base in Niagara. In order to achieve this
strategy, three goals were outlined: to set firm urban boundaries, the promotion of agriculture; and
the preservation of land through trusts, taxes, and legislation at all government levels. The Task
Force outlines the actions required from Regional Niagara and the tools needed to implement the
goals of the Discussion Paper.
Working Together to Serve Our Community
Clerks Finance Human Resources fnformaUon Systems Legal Planning & Development
-------- ----~- ---~ ,.
March 22, 2004 - 2 - PD-2004-05
Planning Comments
Based on a review of the Task Force Discussion Paper, Planning staff offers the following
preliminary comments:
The Definition of Agriculture
The Discussion Paper proposes the establishment of a new comprehensive definition of agriculture
and the creation of new Agricultural designations in the Regional Policy Plan. The two new
designations of "Unique" and "Prime" agricultural areas are based on the existing extent of the
"Good Tender Fruit", "Good Grape" and "Good General Agricultural" designations of the Regional
Niagara Policy Plan. All of the lands within Niagara Falls that fall outside ofthe jurisdiction of the
Niagara Escarpment Plan would be designated "Prime".
The paper states that the policies associated with the proposed designations will become the
'definitive' policies. Ifthese designations are to be used to prescribe new 'definitive' policies, it is
the opinion of City Planning staff that their application should be carefully considered and have
reference to:
the actual capability of the lands (soils, slope, climate, significant features, amount ofcurrent
agricultural activity);
the existing local site specific designations which have already had the benefit of site specific
analysis; and
complementary designations such as EnvironmentallHazard lands which serve a very
important function in communities with regard to water quality and climate control.
City Planning staff requests that the Task Force clarifY its position on lands that are currently
designated "Rural" in the Regional Policy Plan. The Protected Agricultural Land Map contained in
the Discussion paper appears to include these "Rural" areas within the proposed "Prime" designation
although the text of the paper does not make this suggestion.
The Consideration of Planning Applications on Agricultural Lands
The Discussion Paper states "Applications on agriculturally designated land should be dealt with at
the Regional level".
Clarification of this statement is necessary. It is unclear whether a change of responsibilities
between the Municipalities and the Region is proposed (e.g., land division decisions, variances, etc.)
or a general review by the Region (as is currently in place) is proposed for decisions made at the
local level. Any change to the current process should be specifically outlined for Municipal review
and approval. The policies should restrain ITOm limiting local involvement in the planning process.
Non-Farm Uses in the Agricultural Area
The Paperrecommends the removal of provisions in the Provincial Policy Statement that allow non-
farm development in agricultural areas. The Policy Statement currently places limits on the creation
of non-fann uses based on the need, alternative locations for the use including lower priority
agricultural lands and the impacts of the use on surrounding agricultural operations and lands.
March 22, 2004 -3 - PD-2004-05
Although it is agreed that agricultural land must be preserved for long-term viability of the industry,
Planning staff is concerned that the removal of the non-farm use provisions at the Provincial level
will remove the flexibility ofthe Region or the Municipality to consider uses on pockets oflands that
have poor soil or any other factors that make them unsuitable for agriculture.
The Protection of Specialty Crop Lands
The Discussion Paper bases the Unique Area designation on 'the combination of superior soils and
a specific micro climate which elevates the area's importance. . . allowing crops to be grown in this
area that cannot be grown as successfully in any other parts of North America'. However, the Paper
also states that a full range of agricultural activities including greenhouse production will be
permitted, as of right, in the "Unique" designation. Planning staff recognizes the importance of
greenhouses in the Region's agricultural industry (greenhouses provide largest share of farm
receipts in Niagara) but question the 'as of right' position of the Discussion Paper which would
allow greenhouse operations to occupy a large acreage of unique soils with permanent structures.
The Task Force may wish to consider a provision in the agricultural policies that would ensure that
alternative locations (for example on soils of relatively poorer quality) are not available prior to
permitting any agricultural use that will occupy and take unique lands out of production.
Infrastructure in the Agricultural Area
The Discussion Paper proposes that "Agricultural needs should be a priority in expanding and
allowing access to infrastructure (water, natural gas, three phase power and transportation), not as
incidental to expansion for other uses".
Planning staff questions how this would be accomplished without encouraging other growth. It is
also unclear on who would bear the cost of providing or maintaining these levels of services in the
agricultural areas.
CONCLUSION:
Planning staff supports the vision of the Task Force Discussion Paper to promote and protect the
strength, stability and diversity of the Region's agricultural industry. The Paper should be
commended for discussing not only policy or legislative changes to support the industry but also for
providing support and flexibility for agriculture through economic initiatives, education and
research. The Task Force has prepared a comprehensive strategy for achieving their goals.
However, there are certain issues within the Discussion Paper that either cannot be supported by
Planning staff or that require further clarification.
Planning Staff does not support:
. the use of the current Regional Niagara Policy Plan designations as the sole boundary
determinants for the new 'Unique' and 'Prime' designations proposed by the Discussion
Paper.
. the elimination of non-farm uses as permitted uses in an agricultural area.
. the 'as of right' provision for greenhouses in the 'Unique' designation, especially where
alternative locations are available.
. policies that limit local involvement in the Planning process.
----- ~~--~- "
March 22, 2004 -4- PD-2004-05
Further Clarification is requested with regard to:
. the status ofthe "Rural" designation in the Regional Niagara Policy Plan within the proposed
"Prime Area" designation.
. the intent of the statement "Applications on agriculturally designated land should be dealt
with at the Regional level". Any change to the current process should be specifically
outlined for Municipal review and approval.
. the provision ofinfTastructure in the rural area (such as long-term impacts, maintenance and
implementation costs).
Prepared by: R;rßl~rbmitted:
}ð~M.~ -
Francesca Berardi -W- Jo1m MacDonald
Planner 2 Chief Administrative Officer
Recommended by:
~~son
Director of Planning & Development
Approved by:
J~
T. Ravenda
Executive Director of Corporate Services
FB:pb
S,\PDR\2004\PD2004-05, Agricultu" Tosk Force.wpd
Corporate Services Department PD-2004-26
The C'ty of .J~ ~,""'"' & """"pm,,' Doug Darbyson
I 4310 Queen Street Director
Niagara Falls P-O- Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
.J' web site: www.city.niagarafalls.on.ca
---
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: piano ing@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-26, New Provincial Planning Initiatives
Amendments to the Planning Act
The Greenbelt Protection Act and Provincial Zoning Order
RECOMMENDATION:
It is recommended that this report be received for information purposes.
BACKGROUND:
In December 2003, the Provincial govermnent introduced proposed changes to the Planning Act, as
well as a proposed Greenbelt Protection Act and a Ministerial zoning order addressing development
in the Golden Horseshoe.
The purpose of this report is to highlight the proposed changes and discuss their relevance in
planning for the City of Niagara Falls.
Proposed Planning Act Changes
Bi1l26, the Stronger Communities (Planning Amendment) Act, would mean significant changes to
planning in Ontario. The key changes which would affect local planning and their ramifications are
as follows:
1. Policy Statements
Municipal land use decisions and advice would be required to be "consistent with"
Provincial Policy Statements. The existing legislation requires municipalities "have regard
to" the Policy Statements. The Provincial Policy Statements provide direction on matters of
Provincial interest in planning decision making.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
-----~-- . ..
March 22, 2004 -2 - PD-2004-26
Such a wording change could better ensure the intent of the Provincial Policy Statements
(PPS) is maintained, however, clear guidance needs to be established in the Policy
Statements on balancing the varied Provincial interests and allowing flexibility which can
accommodate local needs while still ensuring the proper protection of natural features. The
Province is currently undergoing a review of the PPS and there is an opportunity for these
matters to be clarified and for the PPS to better define and provide guidance on matters of
Provincial significance.
2. Urban Bonndary Expansions
Regional Councils, the approval authorities for urban boundary expansions, would be given
greater control over the expansion of urban settlement areas. Decisions which do not support
a proposed urban area boundary expansion, because it is considered premature, cannot be
appealed to the Ontario Municipal Board.
The proposed change provides the municipality with the control to make planning decisions
and ensure that growth takes place in the context of a comprehensive growth management
strategy.
3. Provincial Interest
In cases where a planning matter is appealed to the OMB, the Minister of Municipal Affairs
may advise the OMB if a matter of Provincial interest is likely to be adversely.affected. The
final decision on matters of Provincial interest would rest with Cabinet who could render a
decision different than the OMB.
For this proposed change to be effective, and fair for all parties involved in planning
decisions, the Provincial Policy Statements will have to clearly state the criteria used to
identifY a matter of Provincial interest. In addition, a planning issue of Provincial interest
should be identified by the province or agency with the responsibility of Provincial review
functions early in the process.
4. Time Lines for Reviewing Applications
Proposed changes to the act would increase the time period for municipalities to make
decisions before the applicants may appeal to the OMB. The extra time allotted to the
various plans is as follows:
From 90 to 180 days for official plans, official plan amendments and subdivision and
condominium approvals.
From 90 to 120 days for zoning by-laws and holding by-laws.
From 60 to 90 days for consents.
It would appear this extra time would allow municipalities a better opportunity to review and
analyze complex planning issues comprehensively. Applications which contain the
necessary studies, and where there has been appropriate preliminary consultation, would not
necessarily be held up by the proposed time changes.
March 22, 2004 -3- PD-2004-26
Proposed changes will also remove an applicant's ability to bypass municipal Council by
appealing to the OMB should the municipality not hold a public meeting (65 days) or giving
notice of a public meeting (45 days) for an official plan amendment under the Planning Act.
This proposed change will provide municipalities control to ensure applications are complete
and provide more review time for complex applications.
5. OMB Restructuring
The proposed legislation also refers to an overhaul of the Ontario Municipal Board. The
OMB plays an important role in the planning and development process. Any restructuring
should be based on a comprehensive review of the administration and effectiveness of the
OMB.
The Greenbelt Protection Act and Provincial Zoning Order
The Greenbelt Protection Act and accompanying Ministerial zoning order impose a one-year
moratorium within the Golden Horseshoe on planning applications that would permit new
urban uses outside urban settlement areas. The moratorium is intended to provide the
Province time to determine which lands should be included within a protected greenbelt.
The moratorium would be retroactive to December 16, 2003. The study will have important
implications for the Fruitbelt in Niagara. The Act establishes a Greenbelt Study Area
extending from Toronto to Durham. In Niagara, the study area includes all lands between
Lake Ontario and the northern boundary of the Niagara Escarpment Planning Area plus all
lands south of the escarpment designated as Good Tender Fruit or Good Grape Areas. It
would appear the Greenbelt Study Area and corresponding area subject to the zoning order
would not impact development within Niagara Falls as the involved lands are in the Niagara
Escarpment (NEC) Plan area and the NEC Plan provides a high degree of protection against
urban development.
CONCLUSION:
The proposed changes to the Planning Act, as well as the Greenbelt Protection Act (GP A) and
corresponding zoning order, are initiatives designed to enable the Province to look at development
comprehensively. The GP A will have no effect in Niagara Falls and the Planning Act changes will
provide staff and Council with greater opportunity to review and assess important development and
policy planning initiatives.
p[jed by: . ~ JQ;¡
ewer!
Dave Heyworth T. Ravenda
Manager of Policy Planning Executive Director of Corporate Services
Recommended by: Respectfully submitted:
~¿- for ~i:.'ld
Doug Darbyson
Director of Planning & Development Chief Administrative Officer
DH:pb
S,IPDR\2004IPD2004-26, New PcovinClal Planning Initiatives.wpd
,- --._-- ------ - T----'. ---T--- "
Corporate Services Department PD-2004-28
TheClfyof ~~ ","",",'D""",m,"' Doug Darbyson
4310 Queen Street Director
Niagara Falls P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
.J' web site: www.city.niagarafalls.on.ca
--- -
Tei.: (905) 356-7521
Fax: (905) 356-2354
E-mail: pian n ing@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-28, Secord Mills
Draft Plan of Condominium
File: 26CD-1l-2004-01
Owner: 1546952 Ontario Limited
RECOMMENDATION:
It is recommended that:
I) the Secord Mills Plan of Condominium be draft approved subject to the conditions in the
attached Appendix;
2) the Mayor or designate be authorized to sign the draft plans as "approved" 20 days after
notice of Council's decision has been given as required by the Planning Act, provided no
appeals of the decision have been lodged; and
3) draft approval be given for three years, after which approval will lapse unless an extension
is requested by the developer and, subject to review, granted by Council.
BACKGROUND:
The Secord Mills townhouse development is located at the southeast comer of Sodom Road and
Weinbrenner Road as shown on Schedule 1. Construction of the 14 unit project was initiated in
August 2003. The site layout is shown on Schedule 2. The application for plan of condominium
subdivision will permit the individual ownership of each unit in the development with the common
elements (e.g. open space, driveways) shared by the condominium corporation.
Planning Process
This development has proceeded through various planning approvals and consultation with the
public. The project has been designed for compatibility with surrounding land uses and contributes
to the mix of available housing types in the area. The property was subject to a rezoning application
(AM-03/98) that was approved in principle in March 1998. The zoning by-law amendment (98-94)
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
'0----- -------T-- . ~----
March 22, 2004 - 2 - PD-2004-28
was adopted by Council in May 1998 to zone the land Residential Low Density, Grouped Multiple
Dwellings (R4) with special provisions. The Committee of Adjustment approved application A-
14/2003 in March 2003 to accommodate a bungalow townhouse design for the site that resulted in
variances to zoning requirements for sideyard setbacks, lot coverage, landscaping and separation
between buildings. The site plan for the development was approved in September 2003. The Site
Plan Agreement was registered on title January 8, 2004.
Conditions of Approval
Standard requirements for all subdivision developments are applied to plans of condominium
including payment of cash-in~lieu of parkland dedication as permitted by the Planning Act.
Construction has not been completed and a condition is included respecting confirmation of zoning
by-law and site plan compliance when the project is finished. The designation of a fire access route
through the site, if required by Fire Services, is also a condition of approval. Council authorized the
sale of surplus municipal property abutting the east limit ofthe site in December 2003 and February
2004 and this additiona11and is now included with the development. The Region advises that the
internal driveway design appears to accommodate sufficient turning area to provide safe access for
waste collection vehicles.
CONCLUSION
The Secord Mills townhouse development has received the appropriate zoning _and site plan
approvals. The proposed Draft Plan of Condominium will allow the separate ownership ofthe units.
The conditions of approval are listed in the Appendix.
Prepared by: Respectfully submitted:
~~ Jßil~Qv
Richard Wilson -W- John MacDonald
Planner 2 Chief Administrative Officer
Recommended by:
~f-
Doug Darbyson
Director of Planning & Development
Approved by:
fQw~
T. Ravenda
Executive Director of Corporate Services
RW:pb
Attach.
S,IPDR\2004IPD2004-28, Seco,d MiJls.wpd
March 22, 2004 .3. PO-2004-28
APPENDIX
Conditions of Draft Plan of Condominium Approval
1. Approval applies to the Secord Mills Draft Plan of Condominium prepared by Matthews,
Cameron, Heywood - Kerry T. Howe Surveying Limited, dated February 27,2004 showing
a phased development of 14 townhouse units.
2. The developer enter into a registered Condominium Subdivision Agreement with the City
to satisfy all requirements, financial and otherwise, related to the development of the land.
3. The developer submit a Solicitor's Certificate of Ownership for the property to the City
Solicitor prior to the preparation ofthe Condominium Subdivision Agreement.
4. The developer submit a request to Fire Services to designate through municipal by-law a fire
access route on the property, if required.
5. The developer provide information to Planning & Development to confirm compliance with
the provisions of the Zoning By-law and Site Plan Agreement.
6. The developer pay the City cash-in-lieu of 5% parkland dedication.
7. The developer provide five copies ofthe pre-registration plan to Planning & Development
and a letter stating how all the conditions imposed have been or are to be fulfilled.
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice from
applicable City Divisions indicating that their respective conditions have been satisfied.
----------. ------ ---------,-- --~ "
SCHED ULE 1
Proposed Plan of Condominium
Secord Mills
26CD-11-2004-01
Location Map
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----- --_.- -------,----' _._--------r-- "
Corporate Services Department F.2004.19
. .J~ Fi"", OM"" Kenneth E. Burden
The CIty of 4310 Queen Street Director
Niagara Falls P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
.... web site: www.city.niagarafalls.on.ca
---
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Saki
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-19 - Optimist Club Finaucial Request
RECOMMENDATION:
That the financial request of the Optimist Club be referred to final budget deliberations.
BACKGROUND:
The Optimist Club of Niagara Falls, Inc. was incorporated in January 1950 under the laws of the
Province of Ontario. The Club is a non-profit organization registered under the Income Tax Act
(Canada) and, as such, is exempt ftom income taxes. The Club operates a service organization in
Niagara Falls, Ontario.
On April 23, 1990, City Council approved a $500,000 mortgage to the Optimist Club to provide a
sport facility on the property located on Dorchester and Morrison. This mortgage was an
interest~ftee loan with a term of ten years. Since that time, the City has enjoyed a cooperative
relationship with the Optimist Club in the use of their facilities for the benefit of City residents.
On December 8,1997, City Council approved an amendment to this mortgage to extend its term of
full payment and further approved a second mortgage of $100,000 for necessary repairs to the
Optimist Club building. The second mortgage has interest at the floating rate that the City incurs
at its financial institution and has a term of five years.
As at December 31, 2003, the Optimist Club has fully repaid the first mortgage and has annually
paid the interest on the second mortgage, however, the balance outstanding on the second mortgage
still remains at $100,000.
The City also provides operation support to the Optimist Club for the upkeep of the sports fields.
City staff work alongside Optimist Club management in the maintenance ofthese fields. City funds
are used to purchase materials and supplies and contracted services. For 2004, the budget for the
City's commitment in maintaining this level of service is $30,000.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
- ----~---- . -------r- co
---~.-~-
March 22, 2004 - 2 - F-2004-19
On March 3, 2003, representatives ofthe Optimist Club made a deputation to request an interest~fj-ee
loan of$400,000. The funds were required in order to construct a 40' by 130' metal addition to the
north side of the building to provide additional space for a walk-in cooler, storage space and
washrooms.
At its meeting of May 12, 2003, City Council approved recommendations in Report F-2003-26 that
the City would debenture the required monies of approximately $474,355, enter into a new mortgage
agreement for a consolidated loan, and discharge the existing mortgage agreement upon the
registration of the new mortgage.
On May 27,2003, Staff met with the Optimist Club who advised that they would not be proceeding
at this time with their request for financial assistance fj-om the City.
Should Council wish to provide financial assistance for this new endeavour for the Optimist Club,
Staff would again recommend that the City consolidate the existing mortgage with the new
financing. Staff also recommends that an examination of their business plan be undertaken and,
finally, staffrecommends that this matter be referred to final budget deliberations.
Recommended by: Respectfully submitted:
/.~ /¡J'~
K. E. Burden John MacDonald
Director of Finance Chief Administrative Officer
Approved by:
-j'(}¡WrDJ '
T. Ravenda
Executive Director of Corporate Services
.{;
NIAGARA FALLS
OPTIMIST CL VB
(8
OPTIMIST
tNTERNA T10NAL .
BUSINESS PLAN
'2004 - 2006
( , PREPARED: FEBRUARY 2004
. <._-
--- ._-----------.-' .-- . "
~.il
EXECUTIVE SUMMARY
This is a building plan for the Niagara Falls Optimist Club. We consider
ourselves to be a very important and intricate part of the community because of our
diversiveness.
We are currently experiencing problems with a tired building which means. we
can't properly meet the demands of the public. We have a failing refiigeration unit which
is essential to servicing a large portion of our summer activities, which account for a
significant portion of our revenues. We are also losing opportunities for rentals to service
midsize groups of 200 to 250 people. At present we field approximately 10 calls a day
for this service which we must turn away.
The solution is to once again expand. What we are proposing is a major addition
to our main building which will include a refiigerated room, a much needed storage area,
new handicapped accessible men's and women's washrooms, and a new medium sized
hall with kitchen and bar area. This addition will also include a new lobby and .
, cloakroom. This will mean a 65% increase in the size of our main building.
't
What we are looking for from the City of Niagara Falls is a Grant of $750,000.00
over a 2 to 3 year period. We plan to do as much finishing work as possible to hopefully.
keep costs less than anticipated.
We expect our operating costs to increase, but by increasing our size, you will see
in our plan that we more than expect to cover costs, eventually ending up with a yearly
surplus.
With the proposed new hall, we not only increase the size of our existing hall for
rentals, we also enter the medium sized hall market. You will see in our proposal that
revenues will increase therefore allowing us to reduce costs in our budget and possibly
allowing us to repay our outstanding debts sooner than expected on loans from the City
and ban1e
In closing; after assessing the situation logically, we reasonably expect the
outcome to profit not only our club, but the community of Niagara Falls as a whole.
Please consider every aspect of what the Niagara Falls Optimist Club does and
stands for in making an impact for the youth of our community.
THE OPTIMIST CLUB OF NIAGARA FALLS
P.O. Box 124, 4751 Dorchester Road. Niagara Falls. Ontario L2E 658 Phone: 905-358-0033 Fax: 905-358-9661
._-----~
~.;tF1
COMPANY PROFILE
Niagara Falls Optimist Club
4751 Dorchester Road
P.O. Box 124
Niagara Falls, Ontario
L2E 6S8
(905) 3580033
Service Group
BOARD OF DIRECTORS
.
President - Bob Wilson
! Past President - Michael Carey
1 st Vice President - Kent They
2nd Vice President - Chris Pettay
3rd Vice President - Al Scordino
Treasurer - George Smith
Secretary - Fred Martin
Bulletin Editor - Jeff Detlor
Board Member - Grant Shaw
Board Member - Peter White
Legal- William Amadio
Financial- Bank of Montreal
Accounting - Crawford, Smith & Swallow
i
,:~E
9O5-353-C<.') =ax 905-353-9661
~i~1
THE MARKET & TRENDS
Product...............................................Hall Rentals
Size ofMarket....................................36,OOO
(# of prospective customers)
Estimated Growth ..............................1 % per year
Major Trends......................................Competition
Planned Response ..............................Stress Quality and Value of New Hall
..............................Meet Demand for 1 to 250 person hall rentals
..............................Service low to midrange income bracket
..............................Meet demand for more space for trade shows,
wedding and slopitch tournaments
.
( ........-.....................Rental Groups may bring in their own caterer,
unlike major hotels
..............................Handicap accessibility
.."}..........................Superior parking and location
THE OPTiM'ST .J? NJAGAR,'.
?'.:. Be' .:!, ,:l"S.: Jcc':- R~jc. ~Jiagara Fe'le. F,'x: 905-358-9661
~-- ---~
f ~~"I
COMPETITION - EXISTING HALL
NAME SEATING PRICE COMPETITIVE
ADVANTAGE
Canadian Serbian .. . Serves-S-erbian
Cultural Centre 400 $850.00 Communitv
Cannot be rented. Established
Club Italia 1000 Priced by plate. customer base,
newlv decorated
Best Western Established for
Fallsview 500 $1,500.00 weddings and
conferences
Cannot be rented. Established for
Sheraton Fallsview 1000 Priced by plate. weddings and
conferences
Any other prominent hotels are the same as above.
COMPETITION - PROPOSED HALL
NAME SEATING PRICE COMPETITIVE
ADVANTAGE
Canadian Polish Established Polish
Hall 250 $850.00 Community
Location
Fallsview Hose 120 #250.00 Used mainly by
Brigade members & friends
German Village 250 $600.00 + Established German
Community
Knights of 150 $330.00 Established for Stag
Columbus and Does
St. Antoine Parish Established
Hall 200 $325-00 parishioners &
French cOmmunity
Stamford Lions Lions Club is long
Club 200 $350.00 established in
communitv
Niagara Falls Lions 150 $225.00 Same as above
Club
Used mainly by
St. Pats Parish Hall 125 $200.00 parishioners and
friends
THE OPTIMIST CLUB OF NIAGARA FAllS
po. Box 124.4751 Dorchester Road. Niagara falls, Ontario L2E 658 Phone: 905-358-0033 fax: 905-358-9661
{ ~"*I
BARRIERS
PLANNED RESPONSE
. -I';; 'ust rice to reflect Com etition
Describe Attributes of our hall, example
handica accessible arkin and location
Competition in main hall, example major Our hall is multi-functional. Only hall to
hotels allow own caterer to be used.
The Optimist Club continues to experience a number of inquiries regarding hall
rentals on a daily basis. That demonstrates that the CUITent choices are not meeting the
needs of all members of the community.
We have examined some of the barriers that may affect our ability to successfully
enter this market, but we are confident that barriers are low and that we can easily
overcome them.
.
THE OPTIMIST ClUB OF NIAGARA FAllS
~O. Box 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 658 Phone: 905-358-0033 Fax: 905-358-9661
--- ----- - -~-----~-- "
~.I
OPTIMISTS
PRICING AND TARGET SALES
. Existing main hall rentals would be increased due to proposed expansion
. Increased floor area means increased revenues for existing hall
. Proposed small hall would target the 200 to 250 person market which we sorely lack
. Our location is very central and therefore a plus over the competition
. Our parking is more extensive than that of our competition
. We are handicap accessible and the competition is not!
. Once price is set for the proposed hall, all other features of our hall will be a positive
influence in customers choice
. More value for your money .
t . Majority of existing halls in this category are older and have not been updated in
years. If it came down to a choice between an older hall or a newly decorated hall,
we feel we will prevail.
THE OPTIMIST CLUB OF NIAGARA FAllS
P.O. Box 124.4751 Dorchester Road. Niagara Falls, Ontario L2E 6SB Phone: 905-358-0033 Fax: 905-358-9661
f ß'j" I
FUTURE SALES
Main Hall
. By providing proposed hall to potential customers, you thereby increase total square
footage, therefore increasing revenue by 25%.
. 2003 - $68,000.00 ... Estimated Revenue - $85,000.00
Proposed Hall
YEAR 1 YEAR 2
.
$15,000.00 (including taxes) $30,000.00 (including taxes)
. Sales forecasts for next 2 years most likely
. At $350.00/rental
. Year 1 - 40 rentals
. Year 2 - 80 rentals
THE OPTIMIST CLUB OF NIAGARA FALLS
ro, Box 124, 4751 Dorchester Road, Niagara Falls. Ontario L2E 658 Phone: 905'358-0033 Fax: 905-358-9661
---- ---. - ----- - -~ - --'--'--------'
~'il
ADVERTISING PROGRAM
. Currently we advertise for rentals in Yellow Pages, on COGECO Cable and on the
Millennium Clock
. We also advertise upcoming functions on our billboard sign as well as a newly
purchased portable street sign
. Any advertising costs come from the administration budget
DESCRIPTION NEXT 2 YEARS
YEAR 1 YEAR 2
Signs $300.00 $150.00
Yellow Pag:es $1,000.00 $1,000.00
Advertising: $1,500.00 $1,500.00
Community Advertising $0 $0
(ex. Millennium clock,
COGECO, Niagara Falls
Review) .
TOTALS: $2,800.00 $2,650.00
j,," C? ¡..vl!.;;; CLUJ OF NIAGARA FALLS
PO "." 12". 4751 Dorchester Road. ~!I¿"aa 'ai:". Ontario l2E 658 Phone: 905-358-0033 Fax: 905-358-9661
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Niagara Falls Optim~st Club
Program Delivery Net Revenues
Current Proarammina Prooosed Proarammina
1 SDorts ODerations . Snorts Onerations
Revenues Re.venues
SID-Pitch Provincials $73,000.00 SID-Pitch Provincials (5%) $76,650.00
SID-Pitch Nationals $13,000.00 SID-Pitch Nationals (5%) $.13,650.00
Other Tournaments $2,000_00 Other Tournaments $2,000.00
Total SDorts Revenues $88,000.00 Total snorts Revenues $92,300.00
2 Binoo Binoo
Revenues Revenues
36 Events $40,000.00 36 Events $40,000.00
Total Bingo Revenues $40.000.00 Total BIngo Revenues $40,000.00
3 Canteen Canteen
Revenues Revenues
Summer $20,000.00 Summer 10% $22,000.00
Sio-Pitch $25,000.00 SIc.Pitch (10%) $27,500.00
Kitchen Catering $20,000.00 Kitchen Catering (20%) $24,000.00
Total Canteen Revenues $65,000.00 Total Canteen Revenues $73,500.00
4 Carnival Carnival
Revenues Revenues
Annual Carnival $9,000.00 2 Camivals (65% increase) $14,850.00
Carnival Canteen $3,000.00 2 Carnival Canteens (65%) $4,950.00
Total Carnival Revenues $12,000.00 Total Carnival Revenues $19,800.00
5 Hall Rentals Hall Rentals
Revenues Revenues
600 and 80 seat Halls $68,000.00 600 and 80 seat Halls (5%) $71,400.00
200 Seat Hall $15,000.00
Total Hall Rental Revenues $68,000.00 Total Hall Rental Revenues $86,400.00
6 Nevada Tickets Nevada Tickets
Revenues Revenues
Sold at Various Events $4,000.00 Sold at Various Events (5%) $4,200.00
Total Nevada Revenues $4,000.00 Total Nevada Revenues $4,200.00
._-~ ~_.- ..
7 Fundraising Events Fundraising Events
Revenues Revenues
Wild Game Dinner $6.000.00 Wild Game Dinner $6,000.00
Fish Frv's $3,000.00 Fish Frv's $3,000.00
Magic Show $1,500.00 Magic Show $1,500.00
Golf Tournaments $3,000.00 Golf Tournaments $3,000.00
Prooosed Fundraisers $5,000.00
Total Fundraising Revenues $13,500.00 Total Fundraising Revenues $18,500.00
. Fundralslng Activfties are Directed to Building Fund Account
Total Annua/Revenues 1 $290,500.001 Total Annual Revenues $334,700.00
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[) PLAN OF GRoUND
AGENDA
The Niagara Falls Optimist Club opened its doors as a service club in 1936 and to this
day, some 68 years later, we're larger, stronger and provide a very valuable service to the City of
Niagara Falls and surrounding communities.
From day one, the Optimist Club has doneeverythingitpossib1y could for the young and
citizens of our community. Within our club roster of 57 people are a total of 722 volunteer
years. I stress that everything we do is strictly volunteer by members, spouses and friends.
Starting out from building one small hall; over the years with the help and partnership of
the City of Niagara Falls we've built on 2 additions, our youth building, 8 baseball diamonds and
numerous renovations.
Even during financial difficulties, the Optimists have always put the needs of youth in
our community first. One example would be in 1960 we built and founded the first Boys & Girls
Club in the City, eventually handing it over to them non-gratis, even to this day the Club donates
the hall non-gratis approximately 20 to 30 times per year, which is also a financial strain.
We as a club have grown in stages to meet the expanding needs of the community. We
consider our club to be very unique and over the years, as the needs of the community grow, it's
time for us to grow again. In order to keep up with our financial commitments, we need to onCe
i again expand in order to create new revenues as past revenues, such as bingo, decrease rapidly.
We need to enhance a tired building and bring it up to today's standards.
What we propose now is an addition to the northern and western sides of our building.
Included in this addition will be a refrigeration area, a storage area which we desperately need,
new handicap accessible washrooms and a new medium sized hall to compete with the 200 to
250 rental market including kitchen and bar areas. To the west we propose a new front to the
existing building which will house a much needed lobby, as well as a cloakroom.
We are at the point where we have to expand to create new revenue or unfortunately it
could possibly come to us selling the property, in which case you never know what will replace
us, or just handing the property and the burden over to the city and walk away from it all.
What do you think the reaction of the community that counts on us for so much would
think of that!
Lets talk a little about what the Optimist Club actually does for the young and the rest of
Niagara Falls. We sponsor many youth groups in the City including:
. Niagara Girls Minor Softball
. Red Raider Basketball (boys and girls)
. Niagara Regional Minor Football
------ ~--,----- ---------r
"
. Niagara Girls Minor Hockey
. Niagara Boys Minor Hockey
. Athletics Niagara (track and field)
. Lightening Gymnastics.
. Greater Niagara Baseball Association
. Niagara Catholic Schools Baseball Tourneys
. Special Olympics
. Y.M~e.A::~-.--_.
. Boys & Girls Club
. Mayors Youth Advisery Committee
. Y.W.C.A. Slo-Pitch League
. Optimist Junior Golf Program
. Optimist Junior Golf Ontario Championship
. Optimist Playground which is open to the public 365 days a year
. Greater Niagara General Hospital (Candy Stripers)
. Optimist 126th Squadron Air Cadets
. Sea Cadets
. Niagara 31 sI Scout Group
. Girl Guides and Beavers
. Stamford Skating Club
. Niagara Falls Minor Soccer
.
Every year we try and take on 1 or 2 new groups to comply with our mandate of
sponsoring youth, but with these commitments comes again more financial strain.
Next, a little about programs that we support:
. We donate bursaries for scholarships to the 5 high schools known as the "Spirit of
Optimism" Award
. Oratorical Contest }
. Essay Contest } Grade School Kids
. Oratorical for Hard of Hearing Contest }
. Hugh O'Brien Award for Underprivileged Kids
. Make a Wish Foundation
. Tender Wishes Foundation
. Help A Child Smile Program
. Kids with Cancer Program
. ABC Program (Always Buckle Children)
. Carseat Coalition (for which we have 3 certified inspectors)
. Send a Kid to Camp Program
. Optimist Youth Appreciation Awards
. Optimist Respect for Law Awards
. Bike Fun Day (in conjunction with the City of Niagara Falls)
..
. We offer the use of our hall to members of the community for practising to represent the City
of Niagara Falls in provincial competitions
. International Cheerleading Competitions
Let's further show what ~ur club means to this City and how our hall and property are used:
. Canada Day (10,000 people through in one day)
. Tender Wishes Christmas Parties
. Canadian Blood Services
. City Meetings and Functions
. Federal and Provincial Political Meetings
. Optimist Carnival and Lions Carnival
. Craft Shows (indoor and outdoor)
. Art By The Falls (Rotary craft show)
. NOVA House Book Riot
. Woodcarver Show
. Railroad Show
. Golf Liquidator Trade Show
. Optimist Golf Show
. Racing Against Drugs
. M.S. Walk and M.S. Supercities Walk
. P.O.M.B.A. Clothing Sale (parents of multiple births)
. Oktoberfest
. North American Cheerleading Competition
. Heritage Day Festival
. Kidney Foundation
. Naval League Celebration
. United Way "Poor Boy Luncheon"
. Local Car Sales Promotion
. Serbian Picnic
. Optimist Fish Fries
. Project Share
. Bid Auction Services
. Trade Shows (Chamber of Commerce, Niagara Plumbing, Flexo, etc.)
. Soup Kitchen } Donations three to
. Out of the Cold } four times per month
. Zehrs, IGA, VINCOR, Marriott, Casino Christmas parties
. Wild Game Dinners
. Private Weddings and Parties
. Claude Haggerty Magic Show
~
-- r~ --
Now it's time to talk about the use of our baseball diamonds. Throughout the summer we
host many tournaments such as:
. Workman Compensátion
. Y.M.C.A
. Bell Canada
. VINCOR
. United Way
. Casino
. Slo-Pitch National
It's estimated that with all of these functions taking place on our property, there is an
estimated 1 million people that pass through our hall and grounds, the City and surrounding
communities.
The revenue from people attending functions on our property produce spinoff business to
the City's motels, restaurants and attractions.
Our biggest and major fundraiser to offset our budget is the Slo-Pitch Provincial
Championships and Slo-Pitch National Championships. The amount of patronage to businesses
in this City is staggering. In a study done by Brock University and S.P.N., it was estimated that
spinoff revenue from these tournaments was approximately 22 million dollars. .
There are between 700 and 800 teams that attend.these tournaments which means they
have to sleep somewhere. This is a direct benefit to motels, hotels and campgrounds. When the
Lundy's Lane business Association and Fallsview Business Associations were contacted, they
said this mean an approximate 7% to 10% increase in revenues for them over this 3 week period
which some smaller motel owners say was the difference between breaking even and showing a
slight profit. This is a definite plus for us.
These teams must eat while they're here. Restaurants, fast food restaurants, coffee shops,
grocery stores, snack bars and pubs all benefit greatly from this. A cross-section of business
owners in this sector all report an influx in business and profits during this period ranging from
5% to 17%. Once again, because of slo-pitch, this could be the deciding factor between a make
or break year. The largest benefactor in this area is the liquor and beer stores. These three
weekends are comparable to the Christmas season in sales for them.
Next, these teams all shop when they're here. Everything from convenience stores to
clothing stores, shoe stores, sporting goods, specialty shops, boutiques, grocery stores and music
shops benefit from the mass influx of people over these 3 weekends. When a number of store
owners at the Factory Outlet Mall were interviewed, they agreed wholeheartedly that there was a
definite increase in business and profits when slo-pitch people are in town.
..
-C,-" -.....-~..
Next, we focused on attractions. This is probably the largest sector to benefit from slo-
1 pitch, mainly the Casino. Just about every adult person from out oftown visits our Casino. Not
to mention museums, arcades, bowling alleys, night clubs, adult entertainment theaters,
sightseeing and tours.
Especially benefiting from these visitors is the Clifton Hill area and the Niagara parks
Commission.
Last but not lease we must mention the spinoff business slo-pitch creates to our Region as
a whole. Ball players visit Chippawa, Fort Erie, Weiland, St. Catharines, Virgil and Niagara-on-
the-Lake. Games are scheduled out of town during these tournaments and therefore practically
every aspect of business benefits fromslo-pitch.
So, in closing, we think it's pretty evident what impact the Optimist Club of Niagara
Falls has not only on our City, but the Region as a whole and in order to survive, this expansion
is much needed to keep up with the growing community and economic growth of our City.
We ask you for this grant to make our proposed addition happen.
(
.
- -.
_'0-- ,.
Corporate Services Department CD-2004-07
TheCilyof ~~ C~rI<'sDivisíon Dean lorfida
Niagara Falls 4310 Queen Street City Clerk
P.o. Box 1023
Canada !!rf Niagara Falls, ON L2E 6X5
.J" web site: www.city.niagarafalls.on.ca
--- -
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mai!: diorfida@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: Re: CD-2004-07
Special Occasion Permit
Niagara South No Hit Hockey Tournament
RECOMMENDATION:
That Council indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
BACKGROUND:
An application in the required form has been submitted by the following organization and has
been reviewed and approved by Fire Services, Building & By-law Services and Parks,
Recreation & Culture. Council concurrence with the recommendation is requested.
ORGANIZA TION/EVENT DATE LOCATION
Niagara South No Hit Hockey April 5 to 10,2004 Chippawa/Willoughby Arena
Tournament
Recommended by: Respectfully submitted:
~~~ u~
ohn MacDonald
City Clerk Chief Administrative Officer
Approved by:
J~~'
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks Finance Human Resources Infonnation Systems Legal Planning & Development
~.-- .- - .__._---~ .
Corporate Services Department F-2004-20
Finance Kenneth E. Burden
The CIW Of:l~ 4310 Queen Street Director
P.o. Box 1023
Niagara Falls Niagara Fails, ON L2E 6X5
Canada ~ Web site: www.city.niagarafalls.on.ca
¿ Tel: (905) 356-7521
---
Fax: (905) 356-2016
E-maii: kburden@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-20 - 2003 Annual Statement of Remuneration and Expenses
RECOMMENDATION:
For the information of the Municipal Council.
BACKGROUND:
The attached statement of remuneration and expenses for the year ending December 31, 2003 has
been prepared pursuant to sections 283 and 284 of the Municipal Act (RSO, 2001 Chapter 25).
A breakdown of remuneration and expenses by member for City Council, and various bodies and
local boards is provided in the attached statements. A summary for 2003 is provided below:
SUMMARY:
Remuneration Expenses Total
City Council $269,771.46 $30,741.49 $300,512.95
Committee of 4,080.00 918.32 4,998,32
Adjustment
Niagara Falls
Transit 8,050.00 408.00 8,458.00
Commission
Working Together to Serve Our Community
Clerks . Finance Human Resources' Information Systems. Legal' Planning
.--.- .------ ---~- -- ----~ .
---,
March 22, 2004 - 2 - F-2004-20
Respectfully submitted:
/1f tU
Recommended by:
~
K.E. Burden
Director of Finance
Approved by:
.-J ~rnCa
T. Ravenda
Executive Director of Corporate Services
March 22, 2004 -3 - F-2004-20
2003 STATEMENT OF REMUNERATION AND EXPENSES
NIAGARA FALLS CITY COUNCIL
Alderman Remuneration Travel! Expenses Expense Total
Contingency Allowance
Campbell, W. $17,220.00 - $1,512.65 $500.00 $19,232.65
Craitor, K. 14,350.00 - 995.02 50.00 15,395.02
Diodati, J. 1,435.00 - - - 1,435.00
Federow, A. 15,785.00 - 2,916.58 35.00 18,736.58
Feren, K. 15,785.00 - - 500.00 16,285.00
Fisher,S. 15,785.00 - 147.72 500.00 16,432.72
loannoni, C. 17,220.00 - 1,473.88 324.10 19,017.98
Janvary-Pool, P. 15,785.00 0
- - - 15,785.00
Kerrio, V. 1,435.00 - - - 1,435.00
Morocco, J. 1,435.00 - - - 1,435.00
Orr, J. 15,785.00 - - 100.00 15,885.00
Pietrangelo, V. 17,220.00 - - 150.00 17,370.00
Puttick, N 15,785.00 - 2,891.46 501.10 19,177.56
Salci, T. 5,409.60 910.00 - - 6,319.60
Thomson, W. 64,896.86 12,650.07 2,959.32 - 80,506.25
Vol patti, S. 17,220.00 - 1,460.04 164.55 18,844.59
Wing,J. 17,220.00 - - - 17,220.00
TOTAL $269,771.46 $13,560.07 $14,356.67 $2,824.75 $300,512.95
--~--- ------------r--- --- -_o_---y- "
March 22, 2004 -4. F.2004.20
2003 STATEMENT OF REMUNERATION AND EXPENSES
COMMITTEE OF ADJUSTMENT
Member Remuneration Expenses Total
Antonio, C. $900.00 $222.72 $1,122.72
Collinson, J. 1,020.00 211.71 1,231.71
Hiebert, J. 1,080.00 435.22 1,515.22
Prata, G. 1,080.00 48.67 1,128.67
TOTAL $4,080.00 $918.32 $4,998.32
March 22, 2004 - 5 - F-2004-20
2003 STATEMENT OF REMUNERATION AND EXPENSES
NIAGARA FALLS TRANSIT COMMISSION
Member Remuneration Expenses Total
Diodati, J. $1,500.00 $67.06 $1,567.06
Planche, R. 1,500.00 - 1,500.00
SaJci, T. 2,200.00 171.92 2,371.92
Stranges, L. 1,500.00 135.61 1,635.61
Thomson, W. 1,350.00 33.41 1,383.41
TOTAL $8,050.00 $408.00 $8458.00
~~ '"
Corporate Services Department L-2004-16
The City of l ~ L..- s,,"~ R O. Kallio
Niagara Falls 4310 Queen Street City Solicitor
P.O. Box 1023
Canada II') Niagara Falls, ON L2E 6X5
,¿ web site: www.city.niagarafalls.on.ca
~
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-16
Licence Agreement with The Bruce Trail Association
for Part of Township Lot 5; part of road allowance
between Gore Lot between Township of Stamford and
Niagara; and part of Township Lot 7 Stamford;
lying between Mewburn Road and DP362
AND to proceed with permanently closing an unopened
road allowance as described
Our File No.: 1999-181
RECOMMENDATION:
1. That a Licence Agreement for the lands being described as follows:
Parcell - Part of Township Lot 5 being the ("the subject lands") shown in heavy outline on
Schedule "A attached;
Parcel 2 - Part of an unopened road allowance between Gore Lot between Township of
Stamford and Niagara; and part of Township Lot 7 Stamford; lying between Mewburn Road
and DP362 being the ("the subject lands") shown hatched on Schedule "B" attached, being
all of PIN 64267-0146.
be entered into with The Bruce Trail Association ("BT A"), for it and the general public to
use a portion of the subject lands being 1 0 metres in width ("the Trails") shown dotted on
Schedules "c" and "D" respectively, for recreational trails to form part of an escarpment trail
known as the Bruce Trail, for nominal consideration.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
.-.-- -- . "
,
March 22, 2004 -2- L-2004-16
2. That Staffbe authorized to commence proceedings to permanently close part of an unopened
road allowance between Gore Lot between Township of Stamford and Niagara; and part of
Township Lot 7 Stamford; lying between Mewburn Road and DP362 located south of
Warner Road, west of Mewburn Road and east of the Queen Elizabeth Highway, ("Road
Allowance") shown hatched on Schedule "B", attached to this report (PIN 64267-0146).
BACKGROUND:
Parcell was acquired by The Corporation of the Township of Niagara on September 23, 1958.
Parcel 2 is an unopened road allowance.
Recently the City received a request ITom BT A for it and the general public to use a portion of the
subject lands being the Trails, for recreational purposes to form part of an escarpment trail known
as the Bruce Trail, to be used for cross-country skiing, hiking, walking and jogging, for nominal
consideration. The proposed Trails are shown on Schedules "c" and "D" respectively, attached
hereto. The Trails will be approximately 10 metres wide. The width may vary depending on the
natural obstacles encountered along the Trails.
In order to facilitate this request, the City will need to permanently close the unopened Road
Allowance as set out in Schedule "B" and enter in a Licence Agreement with BT A. The following
is a list of highlights that will be incorporated into the Licence Agreement with BTA:
> annual licence fee of $2_00;
> fifty (50) year term;
> BT A is responsible for:
(i) grading and resurfacing the Trails;
(ii) designating areas within the Trails for use and for entrances and exits;
(iii) at its own expense and upon approval of the City and Director of Parks,
Recreation & Culture, installing a sign to indicate access points and that the
Trails are part of the Bruce Trail;
(iii) at its own expense and upon approval of the City and Director of Parks,
Recreation & Culture, install a sign to indicate that no motorized vehicles,
ATV etc. are permitted;
(iv) keeping the Trails in good condition and repair, ITee of obstruction and clean
and clear.
(v) an annual clean-up on the Trails;
> BTA shall assume all liability and obligation for any and all loss, damage, or injury
(including death) to any persons or property. BT A shall take out and keep in force
comprehensive general liability insurance in the minimum amount of$2,000,000.00;
> the City and BT A may terminate the Licence Agreement upon six month's written
notice;
March 22, 2004 - 3 - L-2004-16
Staff does not have any objections with respect to entering into a Licence Agreement with BT A and
the general public to use the Trails, for recreational purposes to fonn part of the escarpment trail
known as the Bruce Trail, to be used for cross-country skiing, hiking, walking and jogging, for
nominal consideration.
Staff does not have any objections to the request to pennanently close the Road Allowance as shown
on Schedule "B".
~<Pït i Respectfully submitted:
~~"~ ~n~
Mary Mo ne hn MacDonald
Law Clef Chief Administrative Officer
~bY
a 10
City Solicitor
Approved by:
i(w~
T. Ravenda
Executive Director of Corporate Services
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Corporate Services Department L-2004-18
. I.J~ L..,I S~iœ' R. O. Kallio
The City of 4310 Queen Street City Solicitor
Niagara Falls P.O. Box 1023
Canada ~ Niagara Falls, ON L2E 6X5
.." web site: www.city.niagarafalls.on.ca
---
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Salci
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-18
Permanently Closing Part of Brock Street
and Conveyance of an nnopened Road
Allowance to Abntting Owners
Onr File No. 2003-324
RECOMMENDATION:
That Staff be authorized to commence proceedings to permanently close the southerly 262 feet
(approximately) of an unopened road allowance known as Brock Street, being part of Plan 338,
Willoughby, located west of Niagara River Parkway and north of Sherk Road, shown in heavy
outline on the Plan attached as Schedule "A" (subject lands).
BACKGROUND:
Staff received a request ITom an abutting owner to permanently close the subject lands and convey
same to the abutting owners. The subj ect lands are part of unopened road allowance approximately
66 feet in width and 262 feet in length. The subject lands are located at the rear of three homes
fronting the Niagara River Parkway and one home fronting Sherk Road. Permanently closing and
disposingofthe subject land will relieve the City of all maintenance and potential liability. It should
be noted that presently the subject land only serves the abutting owners. The interested abutting
owners agree to pay for any and all costs associated with the transfer of the subject lands.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
--- . "
-~-- --~- --,-------
March 22, 2004 -2- L-2004-18
Staffhas no objections to permanently closing and conveying the subject lands and recommends that
the subject lands be permanently closed and offered for sale to the interested abutting owners.
A subsequent report, dealing with the sale of the subject lands, will be presented for Council's
consideration once the road is permanently closed.
..~. Ræpœ<fully '"R
¡v.
John MacDonald
Chief Administrative Officer
~
T. Ravenda
Executive Director of Corporate Services
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S\-IE.R( ~OAC
I AND BROKEN FRONTNR
642520012
----------------
~R~' 0 163248648096~"", +N
Mar 11, 2004 W E
Protected by Copyright. May not b€ reproduced without permission. This map was compiled using plans and documents S
recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey.
For actual dimensions of property boundaries, see recorded plans and documents. Only major easements are shown.
Teranet Customer Service Centre: 1-800-208-5263 (Toronto: 416-360-1190)
----~ --- ---- -~- ----- -----~---~--
Corporate Services Department L.2004.19
l~ L..., Sowl,,' R. O. Kallio
The City of 4310 Queen Street City Solicitor
Niagara Falls P.O. Box 1023
Canada Niagara Fails, ON L2E 6X5
~ web site: www.city.niagarafalls.On.Ca
......
-- Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
March 22, 2004
His Worship Mayor Ted Saki
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-19
Pattison Outdoor
a Division of Jim Pattison Industries Ltd,
Licence Agreement with The Corporation ofthe City
of Niagara Falls
Lot 175, being Part 19 on 59R-3044
AND
Obtaining blanket authorization to process and
renew existing Easement Licences and
existing outdoor advertising Licence Agreements
Our File No, 2002-443
RECOMMENDATION:
1. That The Corporation ofthe City of Niagara Falls renew a Licence Agreement with Pattison
Outdoor, a Division of Jim Pattison Industries Ltd. ("Pattison") with respect to Lot 175,
being Part 19 on 59R-3044 (subject lands) for two existing advertising display signs and to
amend same so as to include two double-sided advertising panels.
2. That Outdoor Opportunities Inc. (Outdoor Opportunities) be given blanket authorization to
process and renew existing Easement Licences acquired through the railway land acquisition
and existing outdoor advertising Licence Agreements on City-owned lands, that are presently
being managed by Outdoor Opportunities, including amending existing agreements, provided
that all requirements and conditions are satisfied and that the guidelines are generally
complied with and approved by the City Solicitor prior to execution by the Mayor and Clerk.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
, , . '"
March 22, 2004 - 2 - L-2004-19
BACKGROUND:
Pattison entered into an Agreement with Canada Southern Railway (CASO), which expires in April
2004, for two advertising display signs on the subject lands. The subject lands were acquired by the
City through the railway land acquisition which is set out in Schedule "A" attached to this report.
Pattison now wishes to enter into a new Licence Agreement with the City for the existing advertising
display signs on the subject lands. Upon receiving authorization ftom Council, the new Licence
Agreement will be amended so as to incorporate two additional advertising display signs on the
reverse side of the existing signage. The following are highlights of the amendments, terms and
conditions:
+ A one-year term with a 3% rate increase above the existing Agreement with CASO. The
Agreement with CASO set a rate of$2,100.00 per year, commencing May 2001, with an
annual increase of 3% per annum on each sign. Therefore the new rate will be set at
$2,300.00, commencing May 2004;
+ The City provide Pattison with written permission to apply for two additional advertising
display signs on the reverse side of the existing signage. This will result in two additional
fees of $2,300.00 per sign. Upon Pattison receiving the City's consent, the additional
advertising display signs could be completed by the summer of 2004;
+ As this location is still an operational railway right-of-way, Pattison will obtain CASO's
approval.
The rates should be re~evaluated once the impact of the new casino can be determined and the
accompanying traffic increase is measured. The rates should be revisited before renewing the
proposed one-year Licence Agreement that would expire April 30,2005.
Attached as Appendix "1" is excerpts of Council Reports L-2003-19 and L-2003-23, wherein at its
meeting of March 17, 2003, Council authorized the City to enter into Agreements with Outdoor
Opportunities to manage easement licences acquired through the railway land acquisition and to
develop and manage outdoor advertising licences on City-owned lands.
The process can be expedited if Outdoor Opportunities is given a blanket authorization to process
and renew existing Easement Licences acquired through the railway land acquisition and existing
outdoor advertising Licence Agreements on City-owned lands, that are presently being managed by
Outdoor Opportunities, including amending existing agreements, provided that all requirements and
conditions are satisfied and that the guidelines are generally complied with. The City Solicitor will
review all renewals to ensure that they comply with the guidelines before having the Mayor and
Clerk execute same.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
March 22, 2004 - 3 - L-2004-19
Outdoor Opportunities would be permitted to negotiate easement licences and advertising licences
as the market will bear, provided at the very least that the rates used are the greater of rates set by
the Consumer Price ]ndex or 3%.
Prepared by: Respectfully submitted:
1 . v, 1 I ~-----Z..... Jm "~{
MaJ M~one MacDonald
Law Clérk
(i/J; ~
City Solicitor
Approved by:
Jt2¡~@ -
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
, , . "
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Corporate Services Department L-2003-19
1~ L~,' s.vl,~ R. O. Kallio
The City of 4310 Queen Street City Solicitor
Niagara Falls P.O. Box 1023
Canada Niagara Falls, ON L2E 6X5
~ web site: www.city.niagarafalls.on.ca -
.-' -
--- - Tel.: (905) 356-7521 .......
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.C8 -
-
><
-
March 17,2003 Q
:z:
His Worship Mayor Wayne Thomson W
, and Members of the Municipal Council a..
City of Niagara Falls, Ontario £1.
Members: «
Re: L-2003-19
Outdoor Opportunities Inc.
Management of Easement Licences acquired
through railway acquisition
Our File No, 2002-134
RECOMMENDATION:
That The Corporation of the City of Niagara Falls enter into an Agreement with Outdoor
Opp~rtunities Inc. to manage the easement licences acquired through the railway land acquisition,
pursuant to the terms and conditions as set out in Appendix "I" attached.
BACKGROUND:
On December 19, 2001, the City purchased the 5.1 miles (8.2 kilometres) rail corridor from the
Canada Southern Railway Company, being approximately 48.04 acres. The rail corridor runs north
to south through the urban core ofNiagara Falls, past the downtown area, the central area, the tourist
commercial centre, along Marineland and the niagara industrial area to the Marineland Parkway.
Upon acquiring the rail corridor, the City assumed approximately 280 leases, easements, licences
and agreements ("easements") that attach to the land. Approximately 230 easements may be viable
but are not current and to establish the current holders ("tenant") of these easements, extensive
investigation is required, as insufficient documentation was provided.
Working Together to Serve Our Community
Clet/(s Finance ' Human Resoun:es Infonnaüon Systems . Legal' Planning & Development
, , . "
March 17, 2003 -2- L-2003-19
An example of an easement is one between Bell Canada and Canadian Pacific Limited, dated May
15,1986, in the amount of$185.00 per annum. As the proper assignment documentation was not
provided, an Agreement has not been entered into. Further, the value of these lands will need to be
established in order to detennine the current market value owing to The Corporation of the City of
Niagara Falls.
In order to bring all the easements into good standing and establish an accurate database, the
following steps are required:
. Review of each easement;
. Establish contact with current tenant of each easement;
. Plot out and obtain proper legal description for each easement;
. On-site visit, if necessary;.
. Determine appraised value ofland where each easement is located;
. Negotiate new rate for each easement;
, . Draft Agreement with each tenant for each easement;
. Prepare and distribute tenant invoices;
. Recover aITearS of payment for each easement;
. Collect current payment for each easement;
. Prepare and communicate with tenants;
. Maintain each easement file;
. Forward payment to Finance;
. Create and maintain tenant inventory database which consist of:
. Historical, current and future rents;
. Landlord lease ID;
. Tenant lease ID;
. Street, legal description;
. Property Identification Number;
. Commencement date, termination date;
. Site-specific comments.
. Provide database query reports;
. Prepare and distribute applicable tenant termination letters.
Outdoor Opportunities Inc. is a corporation that can provide the foregoing services without incurring
any other agency charges. Outdoor Opportunities Inc. can provide experienced, professional and
objective services by assuming the management of the existing easement licences and maximize
collection of arrears and current rent. Since 1993, Outdoor Opportunities Inc. has specialized in real
estate development and lease management services with revenue maximization as its main objective.
In years past, Outdoor Opportunities Inc. has provided specialized services to such companies as
Canadian National Railway, Hydro One, Canadian Pacific Railway in Ontario and Quebec, CN/CP
Ottawa Joint Venture, Toronto Terminals Railway and Quebec-Gatineau Railway.
Outdoor Opportunities Inc. has furnished Staff with its portfolio, a copy of which is attached as
Appendix "2" hereto. The portfolio sets out proven track records in significantly raising revenues.
Collectively, Outdoor Opportunities Inc. has increased its clients' annual revenues by over $2.7
million.
March 17, 2003 -3- L-2003-19
The City will not have to pay for services up-front. Rather, Outdoor Opportunities Inc,'s fee is set
out in Appendix "1" attached and is performance driven.
As the management of the 230 existing easement licences is extensive, it is strongly recommended
that the administration of these files commence immediately. The Agreement with Outdoor
Opportunities Inc. will be exclusive to the existing easement licences. The City will be able to
negotiate any future licences with other parties, as well as Outdoor Opportunities Inc. At this point
in time, no additional staff would have to be hired.
~~ Æ;~
. Mary Mo e lohn MacDonald
Law Clerk Chief Administrative Officer
.""
Ray Kallio
City Solicitor
Approved by:
fPaJtrf}øJ,
T. Ravenda
Executive Director of Corporate Services
/rom
, , . "
March 17,2003 -4- L-2003-19
APPENDIX "1"
COMPENSATION TO OUTDOOR OPPORTUNITIES
. Initial Management Fee
Compensation to Outdoor Opportunities is calculated on the basis of one hundred (100%)
percent of the first $60,000.00 collected from the easement licences, through audit
recoveries, licence fee arrears and cWTent-year licence fees.
. Thereafter, Outdoor Opportunities Inc. will be compensated as follows:
. Audit and Contract Renewals
, 35% of all monies recovered on behalf of the City:
a. For unpaid easement licence fees resulting from discovery of unreported
assets situated on City-owned lands;
b. For unpaid easement licence fees resulting from discovery of discrepancies
(size, type, quantity, etc.) resulting in underpayment of rent to the City;
c. For the first year, for negotiating an increase in incremental revenue for
easement licences rates.
. Management
5% per annum of the revenue received to manage the files;
. Development / Growth
The first full year of revenue derived from each new licence added to the City's
portfolio of railway land easement licences. Thereafter, the City would receive the
full annual revenue.
: A Proposal to Manage Ucence Agreements
on City of Niagara Falls' Rail Lands March 6, 2003
;
I Proposed Role - Portfolio Management & Development Tasks
I The tasks and activities that will be undertaken by Outdoor Opportunities to effectively manage and
develop the City of Niagara Falls' Rail Lands Uœnce Portfolio are rlSted under the following four
categories-
I Andit
Contract RenewaJs
. Management
. Devdopment I Growth
I Audit
I a PhysIcal verificaIionf Inspection of Ran Lands and tenant assets
a identify tenant assets not covered by liœnœ agreements
a Acquire GPS coordinates, where applicable
I a Acquire Image AICOId, where applicable
a Calculation, negotiation, collection Of any unpaid back rent
I a OngoIng spot checks
I Contract Renewals
I a COInpIIe & maintain Iiœnoe revenue knowledge base
a MonItor tenant health through analysis of their finandal statements, where applicable
I a Fonnuiatee & present liœnœ fee opJIons to CIty
a Prepare reports to validate fairness of proposed Iicanœ fee in<reases
I a NegoUate with tenant on behalf of CIty
a ProvIde analysis & opinion of1enant counter-offers
I a Preparation & dissemination of draft & final master lease agreements
a Assisl City with licence assignments
I
I
I OmdoorOooorlunfflesm~ Page 7
, , . ..
I A Proposal 10 Manage Licence Agreements
on City of Niagara Falls' Rail Lands March 6, 2003
I
I Proposed Role - Portfolio Management & Development Tasks
Management
,
I
0 Drafting of master agreements
0 Preparation & dissemination of tenant Invoices
0 Collection of licence payments
0 Reconåliation of liœnœ payments
0 Preparation & dissemination of aU correspondence with Rail Lands tenants
0 Attendance at J presentations to applicable CouncIl J CommIttee meetings
, 0 Development & presentation of future revenue generation opportunities
0 Evaluation & analysis of proposals submitted to The CIty
0 Compilation & maintenance of de1relopment site files
0 Compilation & maintenance of municipal bylaws knowledge base
0 MeetIngs with tenant pecsonneI for CIty policies & procedures famU~
0 Scheduling of tenant maintenance on CIty property requiring entJy pennlssion
0 Dally backup of client computer files
0 Creation & maintenance of &oenœ agreement database
. HistoriœI, COO1II1I, Mure Iiœncé revenue
. Landlonllicenœ ID
. Tenant licence ID
. Street, Municipal desaipllon
. Property Identification Number
. GPS coonfinates
. Tenant asset desaipllon
. Uœnoe anniversary dates, tenninalion dates
. Images, where applicable
. Uœnœ-specIfic comments
0 ProvIde database quei)' reports
0 Land sales support
. Preparation & dissemination of tenant termination letter
. Closing adjustment calculations
. Losl revenue reporting
Outdoor O/J/Jorlunities Inc. PageS !
I
i
I A Proposal to Manage licence Agreements
on City of Niagara Falls' Rail Lands March 6, 2003
I
I Proposed Role - Portfolio Management & Development Tasks
I Development I Growth
IJ Acquisition of Title Record Plans
I IJ Conespondence
. Preparation & dissemination of permission letter & tiIIe record plan to proposed tenant, as
r required, to apply for required permits
. Preparation & dissemination of final approval letter authorized by the City
, . Preparation & dissemination of new licence agreemenls
r . Conduct Request for Proposals orTencfers, where applicable
I IJ T~ Site Plan Drawings
. Peffonn on-sIte review, make corrections to drawings submitted by proposed tenants
I . Prepare drawings using Autocad (.dwg or .cad format), as required
IJ Scheduling
I . Scheduling enIJy onto City property for site meetings
. Scheduling buried utilities locates
I . Construction coordination with proposed tenant
IJ Site Meetings
I . Tenant Leese Represertatives
. Generate Interest in unoccupied property
. Identify underutIlization
I . Asset placement
. Review site plan drawings
I . Engineers
. SoIls analysis, shoring
I . StlUctuml Engineers
. Installation foreman
I . Asset placement, review approved site plan drawings
. Buried utility locates
I . Identlfiœtlon of ovethead hazards; high voltage wires
I . Attendance at Installation. as required
Outdoor Opportunities Inc. Page 9
, , . "
I A Proposal to Manage Ucence Agreements
on City of Niagara Falls' Rail Lands March 6. 2003
I
I Proposed Role - Portfolio Management & Development Tasks
I Development I Growth
I [J Site Meetings cont'd
. Tree Service SWc;ontractor
I . Acquire permission to remove trees. brush
. Arrange entrY onto City.property
ì . Attendance at tree removal, .pruning, as ~uired
EJectñœI SWc;ontractor
.
I . EJectricaI service configuration. installation
. Compile submission material for electrical aossing agreement, as ~uired
I . Po$t-4nsta/laliOn tnspection
. SIte clean-up verification
I . Acquire Image record for database, where applicable
. Acquire GPS OOOItIinates for database, where applicable
I
[J Work-in..progress database
I . Date site offered or requested
. Date pennission to proposed tenant granted
. Date of permit application, as ~uired
I . Date t(H;Ç81e site plan received, prepared. approved
. Building permit number. as required
I . Date of final CIty approval
. Estimated liœnce revenue
I . Date of installation
[J Development Reporting
I . Activity reports
. Growth revenue projections
I . Compilation. malntenanœ. storage of WOJ1(-ln-progress files
I
I OmdoorOooorlunfflesm~ page 10
I A Propo$81 to Manage Ucence Ag<eements
OR City of Niagara Falls' Rail Lands March 6, 2003
I
I compensation to Outdoor Opportunities
Ini.nal Management Fee
I We respectfully suggest The City of Niagara Falls compensate Outdoor Opportunities with an 'Initial
Management Fee. calculated on the basis of one hundred (100%) percent of the first sixty thousand
I ($60,000) dollars received from Rail Lands Uœnces, due to audit recoveries, licenCe fee alTBars, and
cummt-year licenCe fees, payable within sixty (60) days of reœipt from time to time of such revenues
received by The City of Niagara Falls. Thereafter, Outdoor Opportunities will be compensated In
I accordanœ with the rates set out as foIlows-
Audit
,
I OUtdoor Opportunities would be compensated with 35% of all monies recovered on behalf of The City of
Niagara Falls for unpaid Jiœnce feeS resulting from,
a) DiscoveIY of unreported assets situated on City-owned property
I b) DiscOvery of discrepaI1åes (size, type, quantity, etc.) resulting in underpayment of rent to The
City
I Contract Renewals
Outdoor Opportunities would receive 35% of the Inaease In inaemental revenue for the first year as a
result of ~Iy negotiating licenCe rate Increases on behalf of The City of Niagara Falls.
I Management
I In compensation for managing the Rail Lands licenCes, Outdoor Opportunities would receive 5% of the
Rail Lands licence revenue received by The City of Niagara Falls each year.
I Development I Growth
Outdoor Opportunities would receive the first fun year of revenue deñved from each new licence added
I to The CIty's portfolio of RaIl Lands licenceS. Thereafter, The .City would receive the full annual revenue.
It Is understood that the proposed "one-tïme" fee of $60,000 Is required to bring the Ralls Lands
I licences up to date, Induding resolution of any outstanding issues, ThØreafter, we propose
Outdoor Opportunities Inc., with the exception of the 6% management fee, be compensated
solely on a pelformancHriven basis, as outlined above,
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I Outdoor Opportunities Inc. page 11
Corporate Services Department L-2003-23
~ Legal Services R. O. Kallio
The City of ~ 4310 Queen Street City Solic~or
Niagara Falls P.o. Box 1023
C d Niagara Falls, ON L2E 6X5
ana a ~ web s~e: www.city.niagarafalls.on.ca :
.J
--- - Tel.: (905) 356-7521 ....¡.
Fax: (905) 371-2892 \
E-mail: rkallio@city.niagarafalls.on.ca : .~
><
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Q
March 17,2003 Z
UJ
His Worship Mayor Wayne Thomson a..
, and Members of the Municipal Council a..
City of Niagara Falls, Ontario «
Members:
Re: L-2003-23
Outdoor Opportunities IDe.
Development and Management of
Outdoor Advertising Licences
on Gty-owned lands
Our File No. 2002-134
RECOMMENDATION:
That The Corporation of the City of Niagara FaIls enter into an Agreement with Outdoor
Opportunities Inc. to develop and manage outdoor advertising licences on City-owned lands,
pursuant to the terms and conditions as set out in Appendix "I" attached.
BACKGROUND:
Staff records indicate that the City only has two outdoor advertising licences on City-owned lands.
Outdoor Opportunities Inc. is a corporation which could expand the City's revenue for secondary
land uses on City-owned lands by utilizing outdoor advertising.
Outdoor Opportunities Inc. can provide experienced, professional and objective services by
structuring a plan to generate and manage outdoor advertising licences. This would maximize the
use of City-owned lands, thereby collecting revenues ftom an otherwise untapped resource.
Working Together to Serve Our Community
Clerks Finance. Human Resources' Information Systems' Legal' PlannIng & Development
, , ...
March 17, 2003 -2- l-2003-23
Since 1993, Outdoor Opportunities Inc. has specialized in real estate development and lease
management services with revenue maximization as its main objective. In years past, Outdoor
Opportunities Inc. has provided specialized services to such companies as Canadian National
Railway, Hydro One, Canadian Pacific Railway in Ontario and Quebec, CN/CP Ottawa Joint
Venture, Toronto Tenninals Railway and Quebec-Gatineau Railway.
In order to cany out the development of a plan for outdoor advertising licences and establish an
accurate database, the following steps are required:
. Drafting of agreements;
. Preparation and dissemination oftenant invoices;
. Collection of lease payments;
. Reconciliation oflease payments;
. Preparation and dissemination of all correspondence with outdoor tenants;
. Preparation and dissemination of all correspondence with COMB (Canadian Outdoor
, Measurement Bureau);
. Compilation, scrutiny of COMB traffic counts per display face;
. Attendance at / presentations to Council meetings;
. Compilation and analysis of CARD (Canadian Advertising Rates and Data) data by market;
. Development and presentation of future revenue generation opportunities;
. Evaluation and analysis of advertising proposals submitted to The City;
. Compilation and maintenance of municipal by-laws knowledge base;
. Meetings with outdoor tenant personnel for City policies and procedures familiarization;
. Scheduling of sign maintenance on City property requiring entry pennission;
. Ou-site attendance for sign maintenance, brush removal, as required;
. Daily backup of client computer files;
. Creation and maintenance of sign inventory database:
. Historical, current and future rent per face;
. Historical, current traffic counts per face;
. Landlord lease ill;
. Tenant lease ill;
. Street, legal description;
. Property Identification Number;
. GSP coordinates;
. Display type, sixe
. Installation date, tennination date;
. Images;
. Site-specific comments.
. Provide database query reports -
. Land sales support:
. Preparation and dissemination oftenant tennination letter
. Closing adjustment calculations;
. Lost revenue reporting.
. Detennine appraised value ofland;
. Draft Agreement with each tenant;
. Prepare and distribute tenant invoices;
. Collect current payment for each easement;
. Prepare and communicate with tenants;
. Maintain each file;
March 17,2003 .3- L.2003.23
~ forward payment to finance;
. Create and maintain tenant inventory database;
. Provide database query reports;
. Prepare and dis1ribute applicable tenant termination letters.
Outdoor Opportunities Inc. Can provide the foregoing services without incUlTÌng any other agency
charges.
Outdoor Opportunities Inc. has furnished Staff with its portfolio, a copy of which is attached as
Appendix "2" hereto, The portfolio sets out proven track records in significantly raising revenues.
Collectively, Outdoor Opportunities Inc. has increased its clients' annual revenues by over $2.7
million.
The City will not have to pay for services up-front. Rather, Outdoor Opportunities Inc. 's fee is set
out in Appendix "I" attached and is perfonnancc driven.
,
As the City has been presented with a way to generate revenue for City-owned lands, it would be
a good opportunity for the City to consider. Secondary land uses such as outdoor signs could be
a significant revenue source.
~~- t:? -Uy~
Mary OITOne 000 MacDonald
Law Clerk Chief Administrative Officer
711
Ray h
City Solicitor
Approved by:
~~.
T. Ravenda
Executive Director of Corporate Services
/mm
. ..
March 17,2003 -4 - L-2003-23
APPENDIX "1"
COMPENSATION TO OUTDOOR OPPORTUNITIES
+ Audit and Contract Renewals:
35% of all monies recovered on behalf of the City:
a. For unpaid rent resulting ftom the discovery of unreported advertising displays
situated on City-owned property;
b. For unpaid rent resulting ftom the discovery of discrepancies ( display size/type,
traffic count, illumination, etc.) resulting in underpayment of rent to the City;
c. For the first year, for negotiating an increase in incremental revenue for lease rates.
, + Management
5% per annum of the revenue received to manage the signboard leases.
+ Development / Growth
The first full year of revenue derived ftom each new advertising display face added to the
City's portfolio of outdoor advertising leases. Thereafter, the City would receive the full
annual revenue.
+ Permit Rights Sales
In years past outdoor advertising companies traditionally retained leasing representatives in
order to secure new sites for their advertising displays. In recent years, the large outdoor
media companies have reduced or eliminated their leasing departments in favour of
free1ancers. The freeIancers secure new lease locations ftom landowners, acquire bnilding
permits, then assign the newly acquired lease and permit to the outdoor company.
The sign building permit is the property of the landowner, not the outdoor company uti1izing
it. The net effect of the aforementioned procedural change is that the rights to permits are
changing hands, sometimes for considerable sums, with no benefit accruing to the landowner
from the transaction.
To correct the situation, Outdoor Opportunities will secure the building permit for the City,
then transfer the permit to the end user, a qualified outdoor company, through a competitive
process.
Under this scenario, the City provides the signboard location by virtue of being the
landowner, and Outdoor Opportunities Inc. acquires the pennit and runs the competitive
process through which rights to the permit are awarded. The net proceeds would be
distributed 50:50 between the City and Outdoor Opportunities Inc.
I A Proposal to Manage the Development of Revenues from
OUtdoor Advertising on City of Niagara Falls' Properties February 4, 2003
I
I Track Record
I c:.I'J ~ 127% Revenue Growth
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I hydr°One ~ 131% Revenue Growth
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I. ... 178 % Revenue Growth
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~ 204% Revenue Growth - Ontario
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I S"""'"
I :.',,"';', '.0: "', ~ 134% Revenue Growth - Quebec
"'." :,:,.~~;,...
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I ~ 200% Revenue Growth
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I Outdoor OIJIJorlunities Inc. Page 6
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, ~7~'~ "~.'-.x~'fJ'.--- .m- _.._-_._-_.~---
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. A Proposal to Manage the Development of Revenues /Tom
outdoor Advertising on City of Niagara Falls' Properties February 4, 2003
.
. Proposed Role - Portfolio Management & Development Tasks
. The tasks and acIivItieS that will be undertaken by OUtdoor 0pp0Itunities to effectively manage and
develop the CIty of Niagara Falls' slgnboald portfolio are listed under the following five categories.
. Audit
Management
. Development I Growth
Contract Renewlls
. Permit Rights Sales
.
.. Audit
c Physical verification of inventOIY
II c PhysIc8IInspedion of Clty4tWlØd propedIes
c Identify disci epallCIes In display faœ count
II c Identify ~epallCIes In display size. type
c Identify disaefIaIICIes In traffic count
c AcquIre GPS coonrmates
c AcquIre image reconI
c CoIIedion of any unpaid book rent
c OngoIng spot cheçks
Outdoor Opportunities Inc. Page 7
A Pr_1 to Manage the Development of Revenues from
OUtdoor AdvertisIng on City 01 Niagara falls' Properties February 4, 2003
Proposed Role - Portfolio Management & Development Tasks
Management
!J Drafting of master agreements
!J Preparation & dissemination of tenant invoices
!J CoIIecIIon of lease payments
!J ReconcIfllllion of lease payments
!J Preparation & dissemination of aU conespoI KIenoé with outdoor tenants
!J Preparation & dissemInaIion of aU conespoIldenœ with COMB (Canadian Outdoor Measurement
, Bureau)
!J CompIlation, scrutiny of COMB traffic counts per display face
!J AItendance at I presenIatIons to CouncIl meetings & SIgn CommIttee meetings
!J CompIIaIIon & analysis of CARD (Canadian Advertising Rates & Data) data by IIIaI1æt
!J Development & presentation of future ..-Jue genendion opportunities
!J Evaluation & analysis of acIvertisIng proposals submitted to The City
!J CompIlation & maintenance of development site files
!J CompIlation & maintenance of municipal bylaws knowledge base
!J MeeIIngs with outdoor tenant peISOIIIIØI for City policies & procedures famHiarization
!J Scheduling of sign maintenance on City property requiringently pennissIon
!J OIHiIte attendance for sign maintenance, brush removal, as required
!J Dafty backup of client computer files
!J Creation & maIntenance of sign inventOl)' database
. HisioricaI, current, future rent perfaœ
. Historical, current traffic counts per faœ
. Landlord lease ID
. Tenant lease ID
. Street, Municipal desaipIIon
. property Identification Number
. GPS coonIinates
. Display type, size
. InsI8Ilation date, tennlnation date
. Images
. Slte-specific comments
!J Provide database query reports
!J Land sales support
. Preparation & dissemination of tenant tennination letter
. Closing adjustment calculations
. Lost revenue reporting
Outdoor Opportunities Inc. Page 8
II A Proposal to Manage the DeveJopmenl of Revenues from
OUtdoor Advertising on City of Niagara FaDs' Properties Februaly 4, 2003
..
. Proposed Role - Portfolio Management & Development Tasks
Development I Growth
. a Acquisition of Title Record Plans
. a Conespondence
. Prepandion & dissemination of pennIssion letter & tiIIe record plan to outdoor company
. . Preparation & dissemination of final approvaIlelter auIhorized by ihe CIty
. Preparation & dissemination of .- lease agreements
, . Conduct Request for Proposals or Tenders 'Where applicable
. a T~ Site Plan OnIwings
. . Perfonn OIHiIte review, make oorrec:tioIlS to drawings submitted by outdoor company
. Prepare drawings using Autocad (.dwg or .cad fonnat), as required
. a Scheduling
. Scheduling entry onto CIty property for site meeIings
. . Scheduling buried uIIIities Iocatas
. ConsIrudIon coordination with sign InsIaJIaIion conIr8ctor
. a Site Meetings
. Olidoor Lease Repreærtatives
. . Genenlte Interest In IIIIOOOIIpied property
. kIentIfy undendiIization
. Sign placement
. . Review site plan drawings
. EngitJÐers
. . SoIls analysis, shoring
. Structural Engineers
. . SiUJ lnstaIIøtion foreman
. SIgn pIaœmenl, review approved site plan drawings
. . Buried utilitY locates
. IdentlfIClllion of ovetf1ead hazaIds; high voltage wires
. Attendance at sign base InsIaIIation
. . Attendance at sign installation
.
. Outdoor Oøøortunities Inc. Page 9
A Proposal to Manage the Development of Revenues fTom
OUtdoor AdVertising on City of Niagara Falls' Properties February 4, 200Z
Proposed Role - Portfolio Management & Development Tasks
Development I Growth
[J Site Meetings cont'd
. TIÐ8 SeMœ SuboonttactoI
. Acquire pennission to remove trees, brush
. Arrange entry onto CIty property
. Attendance at tree removal, pnming, If required
,
. EIBctrIcaI SUbcontractor
. EIecIricaI service configuration, /nstanatlon
. CompIle submission material for eIectticaI crossing agreement
. Post.fmtallatfon fnspection
. SIte clealHlp vetIficaIion, caR back sign Installer If unsatisfactory
. AcquIre Image record for database
. Acquire GPS coordinates for database
i
[J Work~ress database
. Date site offered or requested
. Date permission to outdoor company granted
. Date of pennJt application
. Date to«ale site plan reœlved, prepared, approved
. Bulkfmg pennlt number
. Date of final CIty approval
. Estimated circulation
. Estimated rent
. Date of Installation
[J Development Reporting
. Activity reports
. Growth revenue projeåions
. Compilation, maintenance, storage of work-ln-progress files
Outdoor Oooorlunities Inc. Page 1 0
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I A Proposal to Manage the Development of Revenues from
OUtdoor Advertising on City of Niagara Falls' Properties February 4, 2003
I
I Proposed Role - Portfolio Management & Development Tasks
Contract Renewals
I c Compile & maintain CARD knowledge base
c Compile COMB traffic count data
I c MonItor Indusby health through analysis of outdoor company finanåal statements
c Formulate & present lease rate options to CIty
I c Prepare repoIts to validate fairness of proposed lease rate Inaeases
c NegotIate with outdoor tenant on behalf of CIty
, c Provide analysis & opInIon of tenant counter -offers
I c PreparatIon & dissemination of draft & final master lease agreements
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I Permit Rights Sales
I c Review CIty title records to Identify potenIIaI development sites
c Cross-reference title records with munlåpal bylaws to IdenIIfy development sites
c ObtaIn munIåpaI planning staff approval
I c Obtain ward councillor approval
c SUbmIt permit øppIicaIion and/or variance appflC8tion
I c Make deputations to CIty CouncIl andIor Sign CormnIttee
c Administer Request For Proposals, Tender, SOIiåt bids for permIt from outdoor companies
I c Award pennit rights, collect & distribute proceeds of sale
0 Prepare pennit rights transfer documents
0 AssIst with ImpIemenIaIion (see Development I Gruwth)
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I Outdoor Opportunities Inc. Page 11