2004/07/12PLANNING/COUNCIL
MEETING
Monday, July 12, 2004
Order of Business
and Agenda Package
PLANNING MEETING
July 12, 2004
PRAYER: Alderman Vince Kerrio
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
Niagara Falls Community Fund Proposal
Ms. Liz Palmieri, Executive Director, Niagara Community Foundation wishes
to address Council on a Niagara Falls Community Fund proposal.
Development Charges By-law
Report MW-2004-'12~ - Chief Administrative Officer - Re: Development Charges By-
law and Background Study Recommendations.
- AND -
Report MW-2004-95 - Development Charges Background Study; Conclusions and
Recommendations.
- AND -
Correspondence from Broderick & Partners.
Please note that a copy of the Niagara Falls 2004 Development Charges Background
Study has been provided in your packages.
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ITEM NO. 37 Public Meeting
AM-28/2004, Zoning By-law Amendment Application
6840 McLeod Road
Applicant: Canadian Tire Real Estate Limited
Agent: Carol-Anne Munroe, Planner
Proposed Parking Reduction, Canadian Tire Retail Store
Background Material:
Recommendation Report: PD-2004-58
ITEM NO, 38 Public Meeting
AM-27/2004, Zoning By-law Amendment Application
6733 & 6783 Kalar Road
Applicant: City of Niagara Falls
Proposed Indoor Soccer Facility
Background Material:
Recommendation Report: PD~2004-59
ITEM NO. 39 Public Meeting
AM-16/2004, Zoning By-law Amendment Application
3232 & 3272 Montrose Road
Applicant: Anthony & Pamela Crocco
Agent: Brian Sinclair, Solicitor
Proposed Townhouse Development
Background Material:
Recommendation Report: PD-2004-60
- AND -
Correspondence from Regional Niagara, Public Works Dept.
Correspondence from Niagara South Condominium Corp. #66
Correspondence from Ministry of Transportation
Correspondence from Regional Niagara, Planning &
Development Department
Correspondence from Niagara Peninsula Conservation Authority
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MISCELLANEOUS PLANNING MATTERS
1. Chief Administrative Officer PD-2004-61, Proposals to Expand Buildings
Located on the Sodom Road & Oliver Street
Road Allowances.
2. Chair, Municipal Heritage PD-2004-63, Designated Property Grant, Old
Committee St. John's.
REGULAR COUNCIL
ADOPTION OF MINUTES: Regular Minutes of the May 31, 2004 Council meeting.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Inter-Department Memorandum from the Chief Administrative Officer,
attaching a report that provides an update to the Provincial Government's
proposal to refund a portion of the gas tax.
Recommendation: For the Information of Council.
2. Stamford Centre Volunteer Firemen's Association - Re: Blues in the Park,
Niagara Falls - advising that they would be holding a series of evening concerts at
Firemen's Park from July 22°d, 2004 until September 2, 2003, scheduled for
7:30 p.m. to 9:30 p.m., and requesting that Council consider waiving the 9:00 p.m.
noise by-law requirement for this event.
RECOMMENDATION: That Council consider waiving the 9:00 p.m. noise by-law
requirement for this event.
3. City of Niagara Falls Board of Museums - Re: Re-appointment to the Board of
Museums - requesting that Council consider having Mr. Ken Warren re-appointed
to the Niagara Falls Board of Museums.
RECOMMENDATION: For the consideration of Council.
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Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONR
(Alderman Selina Volpatti, Chair)
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.
CD-2004 -t5, Special Occasion Permit, Niagara Falls Mens Fastball League;
2. F-2004-44, 2003 Investments Report;
3. F-2004-45, Municipal Accounts;
4. L-2004-30, Proposed Permanently Closing of part of Brock Street; Plan 338;
5. L-2004-33, Licence Agreement with The Bruce Trail Association; Proposed closing
of an unopened road allowance between Gore Lot between Township of Stamford
& Niagara; and part of Township Lot 7 Stamford; lying between Mewburn Road &
DP362;
8. MW-2004-109, Contract 2004-09, 2004 Crack Sealing Program;
7. MW-2004-115, Portable Diesel Powered Sewage Pump, Contract 2004-111-01;
8. MW-2004-116, Consultant Appointment; High Rate Treatment Pilot Study Phase II;
9. MW-2004-117, Contract 2004-03, 2004 Asphalt Overlay & Road Rehabilitation
Program;
10. MW-2004-118, Contract 2004-138-04; 2004 New Sidewalk Construction;
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11. MW-2004-124, Consulting Services for Pavement Management;
12. PMP-2004-02, Niagara Falls People Mover Project; Ridership and Revenue Study with
URS Corporation;
13. R-2004-46, Purchase of One (t) 4-Wheel Drive John Deere Tractor;
t4. R-2004-48, Kalar Park "Home for Girls Soccer"; Tender #TRt7-2004 Supply and
Installation of Sports Lighting Equipment.
RATIFICATION OF "IN CAMERA" MATTERR
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2004-126 To amend By-law 79-200, to permit all of the required parking for certain lands
to be provided offsite (Re: AM-02/2003, Niagara 21st Group Inc.)
2004-127 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Re: Stop Signs at Intersections)
2004-128 To authorize the execution of a Consulting Agreement with URS Corporation
respecting services for the Niagara Falls People Mover Project Ridership and
Revenue Study.
2004-129 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Re: Stopping Prohibited, Parking Prohibited, Designated
Lanes)
2004-130 To authorize the execution of a Licence Agreement with The Niagara Parks
Commission respecting the installation of a sign on the railroad bridge located
on McLeod Road at Marineland Parkway, Niagara Falls.
2004-131 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.
.?.
2004-132 To amend By-law No. 79-200, to permit the construction of a triplex dwelling.
(Re: AM-09/2004, Disante Management Inc.)
2004-'133 To amend By-law No. 79-200, to establish regulations for two rural residential
lots created by consent. (Re: AM-18/2004, Ruth Grandoni)
2004-'134 To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan.
2004-'135 To amend By-law No. 1538. (1958), to permit the establishment of a
contractor's yard on land located on the north side of Biggar Road. (Re: AM-
06~2004, River Edge Holdings)
2004-'136 To amend By-law No. 79-200, to permit an existing building to be used as a
dwelling unit and limited GC uses. (Re: AM-24/2004, Deborah Mclnnes).
2004-'137 To amend By-law No. 79-200, to permit the construction of an indoor soccer
facility. (Re: AM-27/2004, 6733 & 6783 Kalar Road)
2004-'138 A by-law with respect to development charges.
2004-'139 To authorize monies for General Purposes (July 12, 2004)
2004.'140 To adopt, ratify and confirm the actions of City Council at its meeting held on
the 12th day of July, 2004.
NEW BUSINESS
PROPOSAL TO CREATE THE NIAGARA FALLS COMMUNITY FUND
Presented to Niagara Falls City Council on July 12, 2004
By Liz Palmieri, Executive Director, Niagara Coromunity Foundation
On behalf of: Bill Amadio, Ann-Louise Branscombe, Peter Brown, Emie Morgan,
Maria Menechella, and Gary Niven
This proposal addresses the opportunity for a partnership with the Nrmgara Community Foundation to
create the Nbgara Falls Community Fund.
Background on the Foundation
The Niagara Communiry Foundation (NCF) is a public foundation established in 2000 with the mandate
to create and maintain funds to be held in perpetuity for the benefit of the residents of Niagara. While
the capital is to be held in perpetuity, a portion of the capital is to be distributed on an annual basis. The
current federal regulations state that 4.5% of the capital must be distributed annually to qualified donees.
This distribution is drawn from the earnings on the fund.
Since the launch of the Foundation, $1.6 million has been donated to the Foundation to create
permanenflyendowed funds. Additional pledges will soon bring the total to over $2 million. These
funds are held in 27 separate endowment funds.
The purposes of these endowed funds vary. While each fund is distinct, there are some commonalities
in how the purposes are applied. We have funds that support:
a region wide community grants program
particular charities as designated bythe donor at the time a fund is created
specific fields of interest (i.e. children and youth in recreation, summer camp bursafies,
environment initiatives)
~ specific communities (i.e. Welland, St. Catharines), or
~ charities as advised on an annual basis bythe donor
Since 2000 NCF granted $171,000 to 94 initiatives throughout Niagara. The revenue to make these
grants came from two sources, either through earnings generated on the endowment funds or through
donations received bythe Foundation, which were then redirected back to the community through a
competitive grants program.
An 18-member Board of Directors governs the Foundation, members of which are elected to serve a
maximum of two three-year terms. Membership on the board is drawn from across Niagara. It is the
policy of the Foundation that board committee members are drawn from a minimum of three Niagara
communities. CurrentlyBrad Hutchings and Ann-Louise Branscombe sit as Directors and our
volunteers from Niagara Falls include Anne Kemp, Bill Amadio, Gary Niven, Emie Morgan, Maria
Menechella and Peter Brown.
The Foundation offices are located in St. Catharines and the current staff includes a full-time Executive
Director with part time clerical and program assistance (15 hours per week).
The Foundation investments are currently pooled with those of the Toronto Community Foundation
(TCF), forming part of a $100 million pool. TCF have five money managers each of which is
Proposal to create the Niagara Fails Commtmity Fund- July 1, 2004
responsible for a particular asset group (or part thereof). The rate of retum on the investments for 2003
was 13.4%.
The annual operating budget of the Foundation, exclusive of special projects, is approximately $130,000
per year. The revenue to support the operations is derived from donations, programs, events,
investment interest and administration fees charged on the endowment fund.
Creating a Niagara Falls Community Fund
The Cityof Niagara Falls is faced with a unique opportunity, specifically the celebration of its 100th
anniversary, to develop a fund that would benefit community groups in perpetuity.
The Niagara Falls ConnofO/Fmd, could be created in the centennial year and built over a period of time
through an allocation of a portion of the proceeds from an annual special event hosted bythe Mayor
and organized bya group of volunteers selected bythe Mayor.
Mayors from across Ontario and Canada have a history of partnering with their local community
foundation in a number of wa~. The most common form of partnership occurs where the local mayor
hosts either a golf tournament or a gala. The net proceeds from the event are directed to their local
community foundation and are utilized in a number of ways. Usually a portion of the proceeds are
permanently endowed in a local community fund with the balance of the proceeds redirected to local
charities in the community (as flow through grants) - either as determined bythe Mayor or by a locally
based Grants Committee. On an annual basis, the interest on the endowed funds is also distributed
through the Grants Committee.
Some Mayors give all the responsibility for determining how the event proceeds are to be allocated to
the Grants Committee, so as to remove anyperception of favouring one group over another. Usually
Grants Committees are comp~ed of volunteers who have an understanding of local community issues.
In the case of Niagara Falls, perhaps the Executive Director of the United Way, the ~ of the Arts
and Culture Commission, a representative of the municipal council and other volunteers with expertise
in health, education and social services could be included on the Committee.
Increasing the capital in the fund
Most funds created with community foundations are open funds. This means that donors who support
the fund purpose can add their gift of any size at any time. There is the potential for Niagara Falls
residents who would like to leave a legacyto their community to contribute to this fund. W~thin the
Niagara Falls Community Fund, donors can have a fund named after themselves, their family or their
business with a gift of $5,000 (which can be accumulated over a five year period). Since the creation of
the Welland Comanunity Fund in 2001, an anonymous donor will be making a gift totaling $250,000
during her lifetime and through her estate.
Promoting the fund
We have a team of volunteers from Niagara Falls who would assist with promoting and encouraging
gifts to the fund. We would promote gifts to the Niagara Falls CommunityFund (NFCF) through our
on-going communications to the community. We find our strongest referrals come from local
professionals advising their clients on estate and tax issues. We would also promote grants from the
NFCF in a similar manner.
Proposal to oeate t he Niagara Fails Community Fund July 1, 2004
Pg. 2
Potential to eliminate discretionary_ grants program of Council
Councils across the region are eliminating their discretionary grants programs. Once the capital in the
NFCF reaches a reasonable level, there is an oppommitythat a Niagara Falls Corrmaunity Fund could
replace the discretionay grants issued in the future bythe Niagara Falls Council.
A fund of $1 million would generate annual grants of $45,000. Based on a 7.5% rate of return, a fund of
this size would generate almost $1 million in grants everytwentyyears. A portion of the annual earnings
wood be reinvested in the fund. The administration fee charged on the fund includes the investment
management fee and a portion of the annual earnings would be reinvested in the fund.
Benefits to Council
The advantages of establishing this fund at the foundation are:
· fund will work in perpetuity in support of community investment projects in Niagara Falls
· fund will be a legacy to the foresight of this council in finding a creative financial approach to
support commumty investment projects
· annual distributions from the fund to the City could in the future reduce the cost to taxpayers
to support community investment projects
· grants are fairly and equitably assessed against a set of published funding criteria, thereby
removing anyundue public pressure to support one cause or group over another
Our Invitation
Tonight we are requesting Council's support to work with the foundation and our Niagara Falls
volunteers to create a Niagara Falls Centennial Community Fund that would work for the benefit of
charities serving this wonderful community both now and long into the future.
Proposal to create the Niagara Falls Community Fund- July 1, 2004
Pg. 3
I I ! ,
DEVELOPMENT CHARGES BY-LAW
Community Services Department MW-2004-121
· f Municipal Works
]'he City o ..~1~. Ed Dujlovic
4310 Queen Street Director
Niagara al Syjl~l~p.o. Box 1023
Can r iagara Fa,,s. ON ,.2E
~l~~¢-r-, web'~"~ "~'~ site: ~.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujiovi~city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-121
Development Charges By-law and
Background Study Recommendations
RECOMMENDATION:
It is recommended that the Development Charge rates calculated in the Development Charges
Background Study (May 14, 2004) be approved and the corresponding figures and policies be
incorporated into the new City of Niagara Falls Development Charges By-law.
BACKGROUND:
The Purpose of this Report
The purpose of this report is to present the final calculation of Development Charge rates and related
policies to the Council for their consideration and approval. The current Development Charges By-
law (By-law No. 99-144) is due to expire on August 1, 2004 and in order for the City to collect
Development Charges from any new development it is necessary to have its new by-law in place in
advance of the expiry date.
The Process
At its meeting on July 14, 2003, City Council adopted the recommendations contained within report
MW-2004-125 which authorized the engagement of C.N. Watson and Associates Ltd. to prepare the
required Background Study that would support and justify the new Development Charges to be
applied throughout the City over the next five-year tenn.
The Background Study and the hosting of at least one Public Meeting are requirements of the
WorMng Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
July 12, 2004 - 2 - MW-2004-121
Development Charges Act 1997 and its accompanying regulations. These regulations set out specific
methodology for the calculation of rates and the identification of eligible and non-eligible costs that
may be recovered through this process. This exercise involves the analysis of the following data;
i) a forecast of the amount, type and location of residential units over the next ten-year period.
ii) a forecast of non-residential development anticipated within the City over the next ten-year
period.
iii) a review of the average levels of service provided by the City over the past ten-year period.
iv) a forecast of capital works required to be constructed to accommodate growth over the next
ten-year period with appropriate deductions in the capital cost estimates to recognize;
benefits to existing landowners; and
· grants, subsidies or private contributions toward the identified projects; and
benefits to new development that may occur beyond the planning period.
An important part of the rate calculation is the re-allocation of any development charge funds that
have accumulated in the reserve fund over the term of the by-law. These reserves must be brought
forward and used to reduce the total net development costs in the new rate calculation. The
Treasurer of the municipality reports the status of this reserve annually including the submission of
a statement to the Ministry of Municipal Affairs and Housing.
Another important part of the process is the engagement of the public and, in particular, the
development community in the rate setting strategy. An informal Public Meeting was held on April
27, 2004 with representatives of the residential and commemial development industry to review the
preliminary rates prepared in a draft document entitled City of Niagara Falls - 2004 Development
Charge Background Study (April 26, 2004).
Valuable input was received at the meeting and during the comment period that followed. Some
adjustments were made to the rate calculations that resulted in increases in each development
category.
The formal statutory Public Meeting was advertised and held on May 31, 2004. Mr. Cam Watson
(C.N. Watson and Associates Ltd.) presented an overview of the process and the findings of the
study. The Background Study was received for information by the City Council. The Council also
received a deputation from Ms. Italia Gilberti on behalf of a number of commemial (tourist core)
developers who have appealed By-law No. 99-144 and continue to pursue the matter before the
Ontario Municipal Board.
Tonight's meeting has also been advertised as a public meeting, pursuant to Section 12 of the
Development Charges Act, 1997.
The Appeal of By-law No. 99-144
City staffis continuing to provide information to the appellants and a series of meetings have been
July 12, 2004 - 3 - MW-2004-121
arranged in an attempt to resolve the dispute. The appellants are seeking a refund of a portion of the
Development Charges paid out during the term of the by-law which, if successful, will affect the
Reserve Fund balance and corresponding new rate calculation.
Although some of the large Capital Projects were completed in the first five-years of the ten-year
planning period there still are a number of infrastructure improvements required to meet the growth
demands identified in previous engineering studies. A reduction in the Development Charges
Reserve Fund will result in having to increase the proposed new rates in order to fully finance these
growth related projects.
The Key Development Principles
The City's Official Plan (section 13.3) specifically states that "the cost of servicing new development
or redevelopment shall be borne by that development or redevelopmem." The objective is to reduce
the financial tax burden that would otherwise have to be absorbed by the existing rate payers. On
balance, development charges should not act as a disincentive to growth and urban renewal occurring
in the community.
The City's current development charge by-law includes the following discretionary exemptions,
which are reconunended for continuance.
· agricultural uses;
industrial development
In addition, a Development Charge Exemption (DCE) program is proposed for the downtown area.
The DCE Program will provide financial incentive in the form of an exemption from payment of
75% of the net City development charge payable on residential conversion, commemial and mixed
use development/redevelopment projects that create additional residential units and/or cormnercial
space. The 75% exemption will be applied at the time development charges are paid. The Region
o fNiagara has adopted a policy whereby redevelopment on fully-serviced, industrial and commercial
lands is eligible for a minium 75% waiver/exemption from the development charge beyond the
redevelopment credit.
The City's proposed DCE Program would commence on or after the date of approval of an enabling
amendment to the City of Niagara Falls Development Charges By-law by Council, potentially to be
passed in future once the Community Improvement Plan has been approved. It is proposed that the
DCE Program will be offered for a period of approximately five-years from the date of introduction.
Providing discretionary exemptions produces a revenue loss and therefore is an implicit expenditure.
If Council is to exempt an area from development charges, the costs required to service this area
cannot be born by development occurring elsewhere in the City and must be funded by the City from
tax and related sources. As with any government subsidy or program which is designed to influence
private sector investment decisions, it is important to ensure that the public expenditure or foregone
revenue produces a community benefit of greater magnitude.
The difficulty in measuring the effect of a development charge exemption is that it would apply to
all projects of a given type or within a defined area. As a result, projects that may have gone ahead
July 12, 2004 -4 - MW-2004-121
without the incentive, ~vould receive a windfall benefit. In addition, the impact of such an incentive
can be difficult to distinguish, particularly if development charges represent a small portion of total
development costs. Nevertheless, the combined impact of a Regional and City DC exemption can,
for some projects, offer a significant financial incentive.
The New Development Charge Rates
Based on the calculations the following schedule of charges has been determined. The services have
been allocated between urban and rural services as well as those attributable to the Core Tourist Area
versus the rest of the City.
Development Type Urban Area Core Tourist Area Non-Urban Area
City- wide+Urban Seohces Total City- wide+Urban Services Total
Residential Development Per Dwelling Unit
Single Detached Dwelling and
Semi Detached Dwelling $3,736 + $3,113 = $6,849 $3,736 + $3,1 I3 = $6,849 $3,736
Townhouse Dwelling/Other $2,402 + $2,002 = $4,404 $2,402 + $2,002 = $4,404 $2,402
Multiple
Apartment
One bedroom & bachelor $1,497 + $1,247 = $2,744 $1,497 + $1,247 - $2,744 $1,497
Two or more bedrooms $1,961 +$1,634=$3,595 $1,961 +$1,634=$3,595 $1,961
Nonresidential Development Per Square Foot of GFA Per Square Foot of GFA
Urban Area Core Tourist Area Non-Urban Area
(excluding Core Tourist Area)
City- wide+Urban Services= Total
City- wide+Urban Services= Total
Commercial and Institutional $I .91 + $0.25 ~ $2.16 $1.92 +$0.45 =$2.37 $1.91
Percent of Charge Percent of Charge Percent of Charge
General Government 5.5% 5.4% 5.5%
Fire Protection 13.1% 13.5% 13.1%
Roads and Related 69.9% 11.5% 69.5% 40.6% 69.9%
Transit 8.5% 8.2% 8.5%
Parks and Recreation 2.2% 2.2% 2.2%
Library 0.8% 0.9% 0.8%
Sewer, Water, Storm 88.5% 59.4%
Total 100.0% 100.0% 100.0% 100.0% 100.0%
A comparison of the various components of the current development charge and the proposed
development charge is also shown below.
July 12, 2004 - 5 - MW-2004-121
Residential Non-Residential Non-Residential
Per Single Detached Unit (Core Tourist) (Urban Outside Core Tourist)
Per Sq. Ft. Of GFA Per Sq. Ft. Of GFA
: CmTent Calculated Change Current Calculated Change Current Calculated Change
Herein Herein Herein
General Gov. $133 $119 -$14 0.04 $0.10 $0.07 0.04 $0.10 $0.07
Fire Protection $285 $274 -$11 .021 $0.26 $0.04 0.07 $0.25 $0.18
Roads & Sidewalks $1,410 $1,602 $192 0.92 $1.52 $0.60 0.92 $1.37 $0.45
Transit $86 $188 $102 0.01 $0.16 $0.15 0.01 $0.16 $0.15
Parks & Rec. $1,435 $1,389 -$46 0.03 $0.04 $0.01 0.03 $0.04 $0.01
Library $524 $523 -$1 0.01 $0.02 $0.01 0.01 $0.02 $0.00
Sewer,Water,Storm $2,538 $2,754 $216 2.34 $0.27 -$2.07 0.33 $0.22 $0.11
Total $6,411 $6,849 $438 $3.56 $2.37 -$1.19 $1.41 $2.16 $0.75
Percent Change +6. 7% -33.4% +53.2%
The rates calculated in the City of Niagara Falls 2004 Development Charge Background Study (May
14, 2004) are the result of a reasonable and responsible approach to managing and financing new
growth-related capital projects. Staff is recommending that the corresponding by-law be approved
which will enable the City to implement these new rates immediately.
Prepared by: Respectfully submitted:
I~i~1 affg elqr° loI~1 Dane v e 1 o p m e nt ~~nDiI01~lsaltrdat iv e Officer
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
Attach:
S:\REPORTS\2004 ReportsWlW-2004-121- Development Charges.wpd
Community Services Department MW-2004.95
'tV ~1~.~ Municipal Works Ed Dujlovic
The Cl_ of 4310 Queen Street
N_,ogar? F,.,s lJ p.o. Box 1023 D,rector
[JQrl~~ Niagara Falls, ON L2E 6X5
~~web site: wvvw.city.niagarafalls.on.ca
Tel,: (905) 356-7521
Fax: (905) 356-2354
E-maih edujlovi@city.niagarafalls.on .ca
May 31, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-95 - Development Charges Background Study
Conclusions and Recommendations
RECOMMENDATION:
It is recommended that the Development Charges Background Study (May 14, 2004) be received for
the information of Council.
BACKGROUND:
At its meeting on July 14, 2003, City Council authorized the engagement of C.N.Watson and
Associates Ltd. to prepare the Development Charges Background Study that will be used to support
the Council's decision regarding new Development Charge rates that will be in effect over the next
five years.
The City of Niagara Falls - 2004 Development Charges Background Study (May 14, 2004) is being
presented this evening to engage the development community in meaningful discussion concerning
the process, calculations and appropriateness of the new rates.
The format of the study is governed by specific requirements in the, Development Charges Act,
1997. Appropriate reductions have been made to the calculations to reflect the benefit those existing
property owners may receive from the planned projects.
There are a couple of important matters that should be brought to the Council's attention at this time
that will affect the calculation of the new Development Charge rates.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
May 31, 2004 - 2 - MW-2004-95
l. The current Development Charges By-law (by-law #99-144) has been appealed to the
Ontario Municipal Board by a group of tourist core property owners and staff is currently
working with the appellants to answer their questions. If the appeal is successful or a
negotiated settlement occurs, a refund would affect the current Development Charges
Reserve Fund balance thereby potentially increasing the new rate.
2. Over the past five years, City Council has seen fit to exempt industrial and agricultural
developers from having to pay Development Charges. Given the current climate for
industrial and agricultural growth staff has directed the consultant to continue this exemption
and discount any growth related to these sectors.
3. The City is currently embarking on the implementation of a new Community Improvement
Plan (CIP) for the Downtown Core Area. Since the policies regarding possible Development
Charges exemptions/reductions have yet to be finalized, it is premature to include specific
provisions. Once the CIP is complete and the policies endorsed by Council an amendment
to the new Development Charges By-law will be necessary.
In an effort to seek some feedback from the development community, staff arranged an informal
meeting on Tuesday, April 27, 2004 at 4:00 p.m. (Committee Room 2). At that time, the group was
provided with preliminary calculations of the new Development Charge and was invited to comment
on any component of the Background Study distributed to them that day.
Staff have received a couple of inquires and comments which were subsequently added to the
Background Study and resulted in even higher rates in all categories.
Finally, notwithstanding the series of complex calculations contained within this study, it is
important to remember that this exercise involves estimated construction costs incurred during an
estimated time frame based on estimated growth rates. It is highly unlikely or improbable that the
final rates calculated will accurately fund the projects that are anticipated in Schedules B, C and D
of this study.
To this end, the setting of Development Charge rates can be strategic in nature so that projects that
need to be implemented to accommodate new growth are funded by new growth and do not put
heavy financial burden on the existing rate payer.
Likewise, the rates should not become a financial impediment to new development to the extent that
the municipality loses opportunities to revitalize its economy and increase property assessment.
The feedback from this evening's Public Meeting will be helpful to the council in striking the
balance. The issues raised can be addressed in the final report and considered with the new
Development Charges By-law presented to Council at a meeting tentatively scheduled for June 28,
2004 or July 12, 2004 if preferred.
May 31, 2004 - 3 - MW-2004-95
P~~ __ Respectfully~/~/~submitted:
Geoff Hottnan .4~"'- John
MacDonald
Manager of Development Chief Administrative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:kREPORTS\2004 Reports\MW-2004-95 - Development Charges Background Study.wpd
April 21, 2004
HAND DELIVERED
Mr. Dean lorfida - City Clerk
City of Niagara Falls
4310 Queen Street, Box 1023
Niagara Falls, ON L2E 6X5
Dear Sir:
RE: IMPOSTS FOR THE CITY OF NIAGARA FALLS
It was brought to my attention that the City is considering an increase in imposts very shortly. 1 would
like to express my opinion on this issue.
As one of the largest developers of residential subdivisions in the City of Niagara Falls, I would like to
caution the City on raising the City imposts at this time. Five years ago we were faced with an increase
of $1,854.00. Council decided to increase the imposts by the full amount in that year as opposed to a
gradual increase over a two or three year period. We, as the land developers found it very difficult to
persuade the builders and the public to accept this large increase all at once.
May I suggest that Council consider very seriously any increase which they may impose be spread over a
two or three-year period. It would seem with the new Casino about to open, there will be an influx of
people who will require housing. Some of these people will want to live in Niagara Falls. Please help to
make our City affordable. The City imposts coupled with the Regional imposts make buying a house
almost prohibitive unless you are a double income family. Currently the City imposts and the Regional
imposts total $9,911.00.
The average family finds that affordability for a new home in Niagara on a 40 50 foot lot is beyond
their reach.
l hope Staff and Council will consider my remarks in making their decision in regards to any new impost
policy, which they may implement.
Yours truly,
RIVER REALTY DEVELOPMENT (1976) INC.
Per: ~
S.A. Branscombe, B.Sc.,
President.
cc: Mayor Ted Saki
Mr. Ed Dujlovic- Director of Engineering
BRIAN SINCLAIR PROFESSIONAL CORPORATION
RJAN N. SINCLAIR. Q.C.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
TEL: (905) 356-7755
FAX: (905) 356-7772
20 May 2004
Mr. Dean Zorfida, City Clerk
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NIAGARA FALLS, Ontario
L2E 6X5
Dear Sir:
Re: Miller Road Estates North Subdivision
727604 Ontario Limited
Your File: 26T-11-2000-05 (Revised)
In connection with the above matter, I note that the City of
Niagara Falls has received the report of C.N. Watson and Associates
Ltd. dealing with the issue of development charges.
The conditions of draft plan approval for this subdivision require
the reconstruction of Miller Road from this site westerly to
Willoughby Drive. A provision for the reconstruction of Miler Road
is made in the draft report as referred to above. The gross
capital cost is estimated at $368,000.00.
This letter is written in the knowledge that the draft development
charge policy is proposed to be considered by City Council in the
latter part of this month. The purpose of this letter is to inform
City Council that it is our intention to obtain final approval from
the City permitting this Plan of Subdivision to be registered at
the earliest reasonable date and, hopefully, prior to the end of
August of this year.
With the forgoing in mind, we are also asking City Council to
approve the allocation of funds for the reconstruction of Miller
Road as set out in the consultant's report.
Please bring this letter to the attention of City Council.
Yours faithfully
BRIAN SINCLAIR PROFESSIONAL CORPORATION
Brign.~'
c.c. R. Volp±ni
G. Holman
P. Fisher
Zak Ali
R. Wilson
G. Cook
IBRODERICK[ .~c. ~LLS OLE~:S'04 0709 J. i 28
B~amsr~as & Seucrroas July 9, 2004
~t~ OSTAR~O AWN~ City of Niagara Falls
Municipal Works Department
~OST0W[CZR0XS9? 4310 Queen Street
P.O. Box 1023
Nl~{iat~a F~LS Niagara Falls, Ontario
ONTARIO
L2E 6X5
CANADA L2E 6V6
Attention: Mr. Ed Dujlovic,
Director of Municipal Works
~¢-~(905)~i~2~ Dear Mr. Dujlovic:
FAX(905)356.6904 Re: Proposed 2004 Development Charges By-law
We are the solicitors generally for the Fallsview and Victoria Centre
Business Improvement Associations. Specifically, as you are aware, we
J.J, BRODERICK.* act as solicitors for certain appellants of the 1999 Development Charges
O~C.,L.S.~t By-law. We hereby make the following comments, which we request
W.A.~[0 that you bring to the attention of his Worship Mayor Salci and all the
members of City Council on July 12, 2004, when the proposed 2004
J.R.~0~s Development Charges By-law will be considered.
I,M. GILBERTIJ- As you are further aware, we have not yet received an entire copy of
the materials, documentation and information that was provided by staff
R.I~.RI]RN8 to Mr. Cam Watson, with respect to the preparation of the background
~tm6m0L~0 study for the 1999 Development Charges By-law. For this reason, we
have not yet been able to complete our review of the said by-law. Given
that we have not been able to fully address the existing by-law, we have
D.F. MARINELLI concerns with respect to the information set out in the background
(1945. 1997) study for the proposed 2004 by-law.
In particular, we question the need and the costs for the projects set out
in the study and the attribution of the costs of same between the
residential and non-residential areas. We further question the benefit
PLANNING MEETIN~L ~ 200/~
-2-
between the existing community development and growth.
It is unfortunate that we cannot provide more detailed comments regarding our
concerns at this time, however, the delay in providing the requested materials with
respect to the 1999 bylaw has left us with an uncompleted examination of the
proposed bylaw.
We are hereby reserving the rights of the various members of the Fallsview and
Victoria Centre BIAs to appeal the proposed 2004 Development Charges By~law.
We thank you for your attention herein.
Yours very truly,
BRODERI~K & P~F~NE~S
c.c. Ms. Jane Pepino
c.c. Mr. Karl Gonnsen
c.c. Mr. John MacDonald
c.c. Mr. Dean Iorfida
Corporate Services Department PD-2004-62
The City of ~J~lt~ Planning & Development Doug Darbyson
Ni(3gor(] F(311syJ~ll[ 4310 Queen Street Director
Con~~ P.O. BOX 1023
Niagara Falls, ON L2E 6X5
~111~~ - l~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-62, Implementation of Height (and Density) for
Proposed Developments in Excess of 30 Storeys
RECOMMENDATION:
It is recommended that:
1) Council adopt the IBI Group's recommended financial formula as a guideline for securing
public benefits under Section 37 of the Planning Act for high-rise development approvals in
excess of 30 storeys; and further, that the policy reflect the comments in the report with the following changes;
1) That Section 37 be used to achieve municipal capital facilitiesand/or cash contributionstoward the achievement of
capital facilities for the betterment of the entire eom munity and for other capital facility objectives set out in the Official
Plan; 2) That the prod ucc of the contribution should be directed toward the provision of capital facilities only & will not
go towards operating expenses; 3) that the Director of Planning suggest how monies are to be allocated with the final
decision at the discretion of Council.
2) should a lesser public benefit formula be approved, that staff be directed accordingly.
BACKGROUND:
On May 3 l, 2004, Council adopted staff report PD-2004-46 which set out a number of actions to
implement the findings and conclusions of the IBI Group's Tourism Policy Review. One of the specific
actions endorsed by Council involved the implementation of a community benefit programme under
Section 37 of the Planning Act for proposed development applications in excess of 30 storeys.
Comments were invited from the development community as part of the input gathering process;
however, the only comments received were from the proponents of the Hilton Hotel expansion
proposal. This input will be addressed later on in this report.
The notion of receiving cash contributions for civic improvements for any development proposal in
excess of the City's 30-storey height cap was introduced by the IBI Group as part of their policy review.
Given the scale of development that Niagara Falls was experiencing relative to other Canadian cities,
the consultants concluded that it was appropriate for Niagara Falls to receive the same types of cash
contributions for height and density increases that other municipalities were receiving. Based on the
experiences of municipalities such as the City of Toronto, the following principles were cited to guide
the City's use of the Planning Act' s Section 37 bonusing provisions.
Working Together to Serve Our Community
Clerks Finance · Human Resources · /nfon'nation Systems Legal . Planning & Development
July 12, 2004 - 2 - PD-2004-62
Implementation Guidelines for Amendments to the Official Plan Requesting
Additional Height:
· Under its existing policies in the Official Plan, the City has the ability and the
authority to require any Official Plan amendment for increased height and density
to be considered in the context of an exchange of benefits secured through Section
37 of the Planning Act.
· An Official Plan amendment application to permit a building in excess of the current
Official Plan maximum of (30) thirty storeys if considered, should be considered in
the context of the Official Plan policy Part 4 - Section 4.5.1 as well as Part 2 - Policy
4.6.11.
· Official Plan amendments for increased height should in the first instance be
weighed in the context of all the good planning tests set out in the Official Plan for
compatible High-Rise Hotel development as described in Part 2 - Policy 4.6.11.
Only if these can be adequately satisfied, Council may then further consider the use
of Section 37 to achieve municipal capital facilities and/or cash contributions toward
the achievement of capital facilities for the betterment of the Tourist District and for
other capital facility objectives set out in the official plan. The contributions
specified should form part of the approved planning program of the City.
· Any matters or services that are to be provided should be specified as policy
requirements in the site specific Official Plan amendment as adopted and similarly
reflected as specific regulations in any implementing zoning by-law. Their
appropriateness will form part of the public statutory review process required to
amend the Official Plan.
· As a guideline, the value of a capital facility or cash contribution should be weighed
against the value of the capital costs of the gross floor area of any habitable floors
above thirty storeys since it is this increased height that the Official Plan amendment
will be authorizing if enacted. The bricks and mortar construction capital cost of the
additional floors is a value that is not difficult for an applicant to determine.
In negotiating these matters, Council can consider the following variables:
· Cash contributions provided under Section 37 of the Planning Act cannot fimction
like an additional tax or growth related development levy. They are provided in
exchange for benefits of increased height and density and related to the approved
planning program set out in the Official Plan.
· Council's approach to evaluating the merits ora Section 37 contribution should be
reasonable and predictable and consistently and equitably applied through its
amendments to the Official Plan and implementing zoning by-laws.
· The product of the contribution should be directed toward the provision of capital
facilities and benefits rather than toward operating expenses.
· There should be a reasonable percentage of the value of these additional floors that
is representative of the value of the public benefits to be provided as capital facilities
July 12, 2004 - 3 - PD-2004-62
or as a cash contribution toward a capital facility. A value of 5% of the capital cost
value of the additional floors is a reasonable percentage to consider. A value
percentage used by Council should be consistently and equitably used and form part
of the Official Plan amendment policy that is adopted on a site specific basis.
· Cash contributions should be secured through Letters of Credit under an Agreement
executed under Section 37 of the Planning Act.
· Agreements should be executed concurrent with the enactment of any Official Plan
amendment and Zoning By-law amendment with provisions that allow the
Agreement to unwind if for any reason the amendments do not become final and
binding.
· The dollar value of the Cash Contributions and their Letters of Credit should be
indexed in accordance with the value of construction published by Statistics Canada
for hotel buildings over two storeys.
· The Capital Facility and/or cash contribution should be deliverable at the time of
Building Permit issuance.
Financial Formula Example for Section 37 Contribution Above 30 Storeys
· The financial formula is simply: Value ofthe floor x the number of additional floors
above 30 storeys x 5% = value of capital facility contribution or cash contribution
toward a capital facility.
In the case of the proposed Hilton Hotel expansion with a 10,100 sq. ft. floor plate that has a value of
construction of$139.75 per square foot, as determined by Stats Canada in their construction cost guide
for 2004, a 5% cash contribution would be calculated as follows:
· Each floor at 10,100 sq. ft. at $139.75 per square foot would be valued as $1.41 M per floor.
· The value of 28 floors would be: 28 x $1.41 = $39.5 M.
· 5% of the total value of the additional floors would be $39.5 M x 5% = $1.98 M capital facility
value or cash contribution.
The IBI Group has forwarded to the City numerous examples 12om the City of Toronto, North York and
Scarborough, etc. where developers have agreed to make a Section 37 cash contribution to the City in
exchange for increases in heights and densities for various building projects. Most projects cited were
of a residential nature or a mixed use commercial residential composition. A 20-storey residential
apartment containing 273 dwelling units with commercial uses on the ground floor, for example,
contributed $900,000 to a nearby community centre and another $100,000 to improve nearby open
spaces. In another example, a 48-storey condominium was permitted in exchange for a community
benefit package comprised of $1,000,000 for streetscape rehabilitation works, 1% public art contribution
and the provision of certain materials for the building's podium and tower facades. The IBI Group's
cash contribution programme has been modeled after these types of examples, albeit for high-rise hotels
rather than residential developments.
July 12, 2004 - 4 - PD-2004-62
Requests for input regarding IBI's Section 37 community benefits formula were sent out as per Council' s
direction May 31, 2004. The only comments received were from the proponents of the Hilton Hotel
expansion proposal by their solicitor Steve Diamond. Mr. Diamond is requesting that Council establish
a lesser contributory rate than recommended by the City's consultants. In this regard, Mr. Diamond has
offered a cash contribution orS1 million for the Hilton Hotel expansion project. This is equivalent to
approximately a 2.65% rather than a 5% contributory rate.
Council will need to make a decision on this matter not only to specify the amount for the Hilton's
Official Plan amendment application, but to be consistent when dealing with other applications in the
future. It is for this reason that this report, PD-2004~62, should be considered prior.to Council's
consideration of the Hilton application. The second matter that needs to be decided is the project or
projects that must be specified in the Official Plan amendment as the community benefit project. Staff
would suggest that the following list of projects be named in the Official Plan amendment for the
proposed Hilton Hotel expansion:
· Approved arena project
· Millennium Trail project
· Hydro corridor trail and buffering project
· Niagara Falls Community Centre project
The developer is in agreement to these projects being specified in the amendment with the proviso that
the Director of Planning be named to designate how the monies are to be allocated.
CONCLUSION:
The Hilton Hotel expansion application will serve as a template for the establishment of the City's new
Section 37 community benefits programme. The implementation of this programme has many planning
and legal ramifications. Staff has endeavoured to be as diligent as possible, given the short time to work
out the implementation details. We appreciate the cooperation and assistance of the 113I Group, Mr.
Diamond and the proponents of the Hilton Hotel in providing input during this process.
If Council is satisfied with the Hilton's proposed community benefit contribution, both in terms of the
dollar amount and the list of projects identified, then these matters will be reflected in the site specific
Official Plan amendment to be approved for this project. Given that future projects will need to be dealt
with consistently and equitably, then Council's decision of the financial formula to be applied to the
Hilton will need to be similarly applied in the future. Council's direction on this matter would be
appreciated.
Recommended by: Respectfully submitted:
~f-- John MacDonald
(flDirector of Planning & Development ~ v Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
DD:tc
S:h°DR~2004\PD2004-62, Implementation of Height ..wpd
· Corporate Services Department PD-2004-56
· ,.~,~ Planning & Development Doug Darbyson
'[he City of ~rJ~l~ 4310 Queen Street
Director
Niagora Falls~,~l~ P.O. Box 1023
Canada .~r~..Niagara Falls, ON L2E 6X5
~arl~ web site: www.city, niagarafal,s.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls·on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PI)-2004-56, Official Plan & Zoning By-law Amendment Application
AM-35/2003, 6361 Fallsview Boulevard & Associated Off-Site Lands
Applicants: 876891 Ontario Limited, 1140464 Ontario Inc.
and 1229142 Ontario Inc.
Agents: Peter Smith, Planner; Stephen Diamond, Solicitor
Proposed Expansion to the Hilton Itotel
RECOMMENDATION:
It is recommended that:
1) Council approve amendments to the Official Plan and Zoning By-law to permit:
· a proposed 58-storey expansion to the existing Hilton Hotel containing 464 rooms;
· a portion of the required parking to be located off-site on Parcel 2 and, on a
temporary basis only, Parcel 3;
· fewer parking spaces than currently required by the Zoning By-law;
· parking to be provided in tandem on Parcels 2 and 3; and
· a reduction in the dimensions of the parking stalls and manoeuvring aisles as
prescribed in the Zoning By-law;
2) the Official Plan be amended in accordance with the draft amendment attached to this report
as Appendix 1;
3) before the amending Zoning By-law is brought before Council for approval, the applicant
shall exeCute, and the City Solicitor shall have ready for registration, a new site plan
agreement for the proposed development and a section 37 agreement, the latter of which shall
secure the following matters:
Working Together to Serve Our Communi02
Clerks Finance · Human Resources Information Systems Legal · Planning & Development
July 12, 2004 - 2 - PD-2004-56
· contribution in the amount of $ which shall be directed toward
.;
that the parking structure be constructed so as to provide for "parking stackers" to
allow for additional on-site parking in the event of closure of the Allendale parking
lot;
· that the parking levels within the parking structure be designated as valet parking
only;
· the theatre be for hotel or conference centre patrons only;
· architectural design including, but not limited to, surface articulation, exterior
materials and roof structure, that is satisfactory to the Architectural Peer Review
panel and the Director of Planning and Development; and
a contribution attributable to the existing development in the amount of $99,141 for
the costs incurred by the City in respect to the streetscaping of Murray Street west of
Fallsview Boulevard; and
· a contribution attributable to the proposed development for streetscaping along the
Stanley Avenue frontage.
4) Council require the applicant to construct immediately closed-board fencing along the west
property line of the Allendale parking lot adjacent to St. Mary's LTkranian Catholic Church.
** and that the contributions related to Section 37 be negotiated between staff
BACKGROUND: and the applicant subject to Council's approval.**
876891 Ontario Limited and others have made application to amend the Official Plan and Zoning
By-law for the lands at 6361 Fallsview Boulevard, site of the Hilton Hotel and a Denny's Restaurant,
and 6408 Stanley Avenue, site of the Days Inn, both shown as Parcel 1 on Schedule 1 and two
associated parcels, being the former Jungleland mini-putt site and a portion of the Hydro corridor
west of Allendale Avenue, shown as Parcels 2 and 3, respectively, on Schedule 1.
On January 19, 2004, Council approved the recommendations of report PD-2004-07, a status report
on the proposed expansion to the Hilton Hotel. This report, which is attached, reviewed the issues
surrounding this proposed development with the purpose of informing Council and seeking its
direction to continue negotiations with the applicant to resolve these matters. Since then, staff,
together with the Architectural Peer Review (APR) panel, has extensively worked with the applicant
and its consultants to the point where a revised application can now be brought before Council for
consideration.
The amendments are requested to permit:
· a proposed 58-storey expansion to the existing Hilton Hotel containing 464 rooms;
· fewer parking spaces than currently required by the Zoning By-law;
· a reduction in the dimensions of the parking stalls and manoeuvring aisles as prescribed in
the Zoning By-law;
July 12, 2004 - 3 - PD-2004-56
· a portion of the required parking to be located off-site on Parcels 2 and 3; and
· parking to be provided in tandem on Parcels 2 and 3.
Details are shown on Schedules 2, 3 and 4.
The subject lands are designated Tourist Commercial in the Official Plan. A portion of Parcel 1 is
deferred in respect to the application of building heights. The applicant is requesting a special policy
within the Official Plan to permit a building height of 172 metres.
Parcel 1 is zoned Tourist Commercial (TC), in part, and TC-455, 503 and 507. Special provision
455 permits the current development. Special provisions 503 and 507 permit required parking to be
temporarily located on Parcels 2 and 3, respectively. Parcel 2 and Parcel 3 are correspondingly
zoned TC-503 and TC-507. The applicant is requesting a new site specific by-law be applied to the
subject lands to permit the proposed development.
Since the last time Council saw the application on January 19% the proposed development has been
revised in the following manner:
the single tower concept has been changed to a two-tower concept with the proposed 58-
storey expansion now being located on the north side of the property adjacent to Murray
Street, as shown on Schedule 5;
· the number of new hotel rooms has been reduced from 487 to 464 for a total of 963 rooms;
and
· the parking structure will be designed to accommodate parking "stackers" to permit
additional on-site parking in the event of the closure of the Allendale lot.
Planning Analysis
The applicant's proposal to construct a 58-storey tower to be added to the existing hotel complex
would be the tallest building in the City, surpassing the Skylon Tower by 55 feet. The proposal is
to be reviewed based on the City's established Official Plan policies and the Tourist Policy
Implementation Handbook adopted May 31, 2004.
1. Building Height
Official Plan Amendment (OPA) #26, which enacted the current Tourist Commercial
policies, established a 30-storey building height for the Fallsview District. However, during
the approval of OPA #26, a portion of the subject lands was deferred from approval, in
respect to building height only. Because of this, the 30-storey maximum does not apply to
the deferred portion of the site. However, the proposal still has to meet the Plan' s objectives,
criteria regarding environmental impacts and the policies established in the Implementation
Handbook. The subject proposal will establish the building height for the deferred portion
of the property.
July 12, 2004 - 4 - PD-2004-56
The applicant proposes to construct a 58-storey addition to the existing building. As shown
on Schedule 5, the addition will be a second high-rise tower on the site, located adjacent to
Murray Street. The Plan requires that any height above 30 storeys be justified through
submission of a planning report and that no significant adverse impacts will be created. It
also states that the skyline be characterized by the three viewing towers. Moreover, the
Implementation Handbook contains policy directives that apply to buildings in excess of 30
storeys. The Handbook states that opportunity exists for the construction of high-rise
buildings in excess of 30 storeys. There should be a gradation of buildings eastward to
Queen Victoria Park and westward to the residential lands; also, that a 300-metre radius
around the Skylon Tower should be protected in order to protect and preserve its iconic
status. The proposed 58-storey tower essentially complies with these policies.
The proposed tower is located within the "second tier" along the west side of Fallsview
Boulevard. Because of this, the tower is separated from the moraine by developments on the
east side of Fallsview Boulevard. The tower is some distance from the residential lands to
the west. It is also located outside the 300-metre radius of the Skylon Tower. By being
outside the 300-metre radius, prominence of the Skylon as a skyline feature is not
compromised. As noted by the applicant's consulting planner, separation distance has
preserved both Seattle's Space Needle and the Calgary Tower as icons of each city's
respective skyline. In both cases, neither is the tallest building in the city; the Space Needle
is the sixth tallest in Seattle with the tallest, the Bank of America Tower, being 100 metres
taller. The applicant's planner provides notes further that the Official Plan states that the
area around Casino Fallsview shall become the second activity node in the Tourist Area. A
wide range of commercial uses is to be provided to ensure that the node is an important
tourist destination. With this policy context, the Fallsview/Murray node has become
characterized by buildings with expansive podium and floor plates, notably Fallsview
Casino, the Skylon Tower and the proposed Skylon development on the northeast comer.
The applicant's planner states:
The result of these large floorplate uses is that there will be fewer
high-rise towers in the immediately surrounding area and, as a
consequence, ongoing protection of sky exposure, in contrast to the
denser cluster of tightly-spaced high-rise towers that has developed
in the vicinity of the Fallsview/Main/Portage intersection, both in the
front and back tiers.
Within the site's built form context as described above, a landmark
high-rise tower on the subject site is particularly appropriate and
will not result in an unacceptable impact on sky views.
2. Built Form and Massing
The Official Plan states that high-rise developments should not create a solid wall at the top
of the moraine and that appropriate gaps be maintained between buildings. In order to
achieve this, the Plan prescribes a base podium, with towers stepping back from the podium
and again at the fifteenth storey. The intent is that tall buildings not overwhelm the public
realm by providing a pedestrian base and a reduction in mass with increasing height. The
July 12, 2004 - 5 - PD-2004-56
Implementation Handbook reinforces achievement of tall, slender buildings within its
Skyview Principle. This principle is a concept to maximize sky, light and air transparency
by building buildings with adequate spacing and mass in order to reduce shadowing, the
blocking of light and air penetration. The Handbook contains certain design objectives that
would implement the principle that including:
a maximum floor plate area of 10,000 to 12,000 sq. ft. to ensure that towers are not
excessively large;
· a length to width ratio of not more than 1:1.5, a de facto prohibition on wide, slab-
like buildings;
· a separation distance of at least 25 metres between towers to provide for sky view
and light penetration; and
buildings are to be set to the streetline and are to have a stepback of at 10 feet from
the streetline above a height of 50 feet to ensure pedestrian-scale and to assist in the
mitigation of wind impacts.
The previous design of the proposed had raised concerns regarding massing and the creation
of a wall within the second tier. This was the most problematic issue of the previous design.
Consequently, the applicant responded, after extensive discussion, to modify the design by
moving the 58-storey tower to the north side of the development. In this way, the greatest
area of massing of the proposed building has been reduced to affect only up to the fifteenth
storey. Above this height the building splits into two towers, the existing 32-storey and the
proposed 58-storey.
The proposed addition to the Hilton is in compliance with these criteria. The floor plate area
of the tower is approximately 10,100 sq. ft., with a length to width ratio of 1:1.6. Although
there is a slight deviation in the length to width ratio, it only represents 10 feet of width
which is not significant. The towers are separated by over 91 feet (28 metres). The towers
rise above and are set back from an extensive podium that extends to the three street
frontages of the subject lands. The podium contains pedestrian-scale uses including retail
and restaurants together with convention/banquet facilities and a theatre. As such, the
proposal represents a comprehensive development of approximately two-thirds of the
Murray/Fallsview/Dixon/Stanley block.
3. Architectural Peer Review
City policy is that buildings above 10 storeys be subject to an Architectural Peer Review.
The Implementation Handbook concurs that Architectural Peer Review should be used to
encourage architectural excellence. The Panel is to evaluate the massing, diversity of
heights, setbacks; as well as the features of the building base (.podium), tower shaft and roof
treatment, among other matters.
The Architectural Peer Review (APR) panel report is attached. The panel's review can be
summarized as follows:
July 12, 2004 - 6 - PD-2004-56
· The podium provides for positive street frontages and is well-scaled for pedestrians.
Refinements in architecture of the podium should be made to achieve greater
(architectural) compatibility with the towers.
· Landscape is to be consistent with the Streetscape Master Plan. The "water and ice"
theme needs to be addressed and included in the section 37 agreement.
· The proposed tower will be a landmark building, set within the second tier and will
be less imposing than a smaller building set close to the moraine.
· The tower height is acceptable due to the large podium and the transitional (15-
storey) building to the south. Additional design could improve its appearance.
· The building will provide for a variable skyline height and be within the context of
the development with small, medium and large structures.
· The provision of a high podium and colonnades with towers set back should produce
a very good microclimate for pedestrians including wind and weather protection.
Sun shadowing is acceptable.
4. Microclimate Issues
The Official Plan requires that high-rise buildings not create adverse impacts at street level
or on open space and residential areas by virtue of wind or shadowing. Studies must be
submitted to address the climatic conditions created by tall buildings.
As noted above, the building design ora large podium and towers well set back should assist
in mitigation of wind impacts. This has been supported by the applicant's wind study. The
consultant has also stated that the two tower concept will improve wind conditions over the
previous design. It should be noted that the building is outside the study area for the Niagara
Parks Commission's recent study on misting. The sun/shadow drawings indicate that
shadowing will not significantly impact adjacent properties or streets.
5. Density
When the application for the Hilton was circulated to commenting agencies and internally,
concerns were raised regarding the impact of developments of this scale and magnitude will
have on services and road capacity. While the applicant's consultants have provided
satisfactory reports to show that the existing infrastructure has the capacity to accommodate
the development proposal, the Region is still concerned with respect to future impacts should
more development be proposed at similar densities, especially from a traffic perspective.
Municipal Works has responded by stating that the proposed Hilton Hotel expansion, despite
exceeding some of these design parameters, does not present a long-term risk to the intent
of the transportation or servicing initiatives that have been completed or planned for the
future. Accordingly, a strategy that uses conservative estimates and aphased-in construction
program gives the City the flexibility to adjust to minor deviations in the expected density
on prime development lands. As certain capacity constraints are approached, new solutions
can be identified and addressed.
July 12, 2004 - 7 - PD-2004-56
6. Public Benefits
Thc Official Plan requires that all developments between four storeys and 30 storeys are
required to contribute to strectscape improvements for all street frontages. Contributions are
to be in accordance with the design requirements of the Streetscape Master Plan and are
collected through agreements under section 37 of the Planning Act.
In this regard the existing Hilton Hotel development was responsible for contribution to
improve the frontage along both Fallsview Boulevard and Murray Street. The Fallsview
improvements were completed under the payment made by OLGC and TMC. However, the
costs associated with improving Murray Street are to bc collected. These costs are calculated
to bc $99,141. The applicant will also have to contribute to the costs ofstreetscaping along
the Stanley Avenue frontage. Detailed design is now being undertaken by the Region for this
portion of Stanley Avenue. As such, a cost attributable to the new development should be
readily obtainable from the Region. It is recommended that the collection of these
streetscaping costs be a condition of the section 37 agreement and payable prior to the
issuance of any building permits.
The Handbook provides that any development seeking approval of an Official Plan
amendment beyond the 30-storey height provision be subject to cash contributions toward
public facilities which improve the quality of life for residents and visitors of Niagara Falls.
This provision responds to the community's desire to be compensated for the privilege of
building higher.
Council, however, retains the fight to grant approval of an increase in height (a bonus). In
return for obtaining an approval for an increase in height, the developer then elects to enter
into a section 37 agreement that details the nature of the public benefit that is to be returned
to the City.
For buildings proposed to be constructed in excess of 30 storeys in height, the Handbook
contains a formula that is applied to a development in order to obtain the amount of the
contribution toward one or more community facilities. This is the subject of report no. PD-
2004-62.
In this case, the tower has a 10,100 sq. ft. floor plate that has a value of construction of
$139.75 per square foot, as determined by Stats Canada in their construction cost guide for
2004. A 5% cash contribution would be calculated as follows:
· Each floor at I0,100 sq. ft. at $139.75 per square foot would be valued as $1.41 M
per floor.
· The value of 28 floors would be: 28 x $1.41 = $39.5 M.
· 5% of the total value of the additional floors would be $39.5 M x 5% = $1.98 M
capital facility value or cash contribution.
Council has yet to address where this contribution should be allocated. The facility that is
to be constructed or where the funds are to be contributed is to be specifically stated within
July 12, 2004 - 8 - PD-2004-$6
the Official Plan amendment and within the section 37 agreement, together with other
matters and services noted below, which is to be ready for registration on title prior to the
passage of the amending by-law.
Other matters, as noted in the recommendation, that are to be secured through the section 37
agreement are:
· the parking garage shall be constructed to accommodate parking "stackers" in the
event of the closure of the Allendale lot;
· the parking levels with or without the stackers shall be valet only;
· the theatre shall only be for hotel or convention centre patrons only; and
architectural design, including and not limited to surface articulation, exterior
materials, roof structure and pedestrian-scale uses, that is satisfactory to the
Architectural Peer Review panel and the Director of Planning and Development.
The above matters are considered to be essential aspects of the development but fall outside
the normal zoning regulations and therefore are recommended to be included within the
section 37 agreement.
7. Parking and Use of the Hydro Corridor
The provision of parking in the tourist core is a significant issue. The Handbook states, as
a general rule, that all required parking for new development should he provided on-site.
Further, new development should concentrate parking in structure lots or underground. The
Hilton utilizes two off-site parcels to provide required parking in combination with an on-site
surface parking area behind Denny's. These parcels, the Jungleland lot and the Allendale lot,
shown as parcels 2 and 3 respectively, have been approved for use as temporary use by-laws.
The temporary use by-laws expired on April 15, 2004.
The application made proposes to zone these parcels permanently for parking and to provide
parking on-site within a three-level underground parking structure. Moreover, the applicant
proposes to reduce the number of parking spaces to be provided for the development and to
reduce the parking module dimensions, as required by the Zoning By-law, to accommodate
more vehicles both on-site and off-site. These proposals have been supported by a parking
demand analysis and an analysis and justification of the proposed module size. Planning and
Parking & Traffic staffs have reviewed the supporting documents and can accept the
proposal to reduce the number of parking spaces and to reduce the parking module size.
However, the proposal to utilize off-site parking, at least with respect to the Allendale lot,
is of concern. During the public consultation process of the Tourism Policy Review,
comments were received that use of the Hydro corridor adjacent to Allendale Avenue was
a threat to the residential lands to the west in terms of noise, dust and lighting impacts, as
well as the potential for tourism uses to begin establishing in the residential areas. Because
of this, the Handbook recommends that the City prepare a Corridor Plan for submission to
Hydro One as part of Hydro One's Secondary Plan Land Use Program to allow use of the
corridor as a transitional area and a stable boundary to the Tourist Commemial lands. The
July 12, 2004 - 9 - PD-2004-56
plan would explore open space linkages, pedestrian reutes and connections and a range of
compatible uses. The Corridor Plan has to be submitted to Hydro One by May 31, 2005 after
which Hydro One will have to approve it and the City will have to adopt any changes to the
Official Plan and Zoning By-law. As the process will take up to three years to complete,
staff has advised the applicant that it can only support a further temporary use by-law and
that parking will ultimately have to be removed from the Allendale lot and provided on-site.
The applicant has responded by modifying the design of the parking structure to
accommodate parking "stackers" which are hydraulic lifts that allow for vertical stacking of
vehicles. Stackers are apparently used in large urban centres, such as Montreal, where
parking is at a premium. The section 37 agreement will contain a condition respecting
construction of the parking structure to provide for stackers and submission of a Letter of
Credit as a guarantee.
8. The proposed Official Plan amendment is appropriate.
The proposed amendment document is attached to the report as Appendix 1. The document
permits the proposed expansion of the Hilton Hotel to a maximum height of 172 metres and
contains a list of matters and services, as noted in the recommendation, that the developer
is to provide as part of the section 37 agreement. The amendment will satisfy the deferral
that currently exists on part of the lands and will establish 172 metres as the maximum height
for the property as an exception to the Plan.
Once approved in principle, staff and the applicant will finalize the wording of the
amendment which will then be brought back to Council for adoption and then sent to the
Region for approval. Within this time period, the amending zoning by-law, section 37
agreement and site plan agreement will be prepared. It is recommended that the agreements
be executed by the applicant and be ready for registration prior to the amending by-law being
brought before Council. In this manner, Council can be satisfied that all conditions have
been appropriately addressed.
9. Other Issues
Staffreported previously that the applicant had yet to execute the current site plan agreement
to allow it to be registered. To date, this agreement has not been registered as various
associated legal documents have not been executed by the applicant. Accordingly, it is
recommended that the approval of the amending zoning by-law be withheld until the current
site plan agreement or a comprehensive site plan agreement encompassing the current and
future development is registered.
Staffhas received a letter of concern from St. Mary's Ukranian Catholic Church located west
of the Allendale lot. The church is currently experiencing litter, noise, dust and lighting
impacts together with trespassing from users of the Allendale lot. Because of this, staffis
recommending that Council require the developer to immediately commence construction
of a closed-board fence along the mutual property line.
July 12, 2004 - 10 - PD-2004-56
CONCLUSION:
Based on the foregoing, staff can recommend approval of the proposed amendments to the Official
Plan and Zoning By-law to permit a 58-storey expansion to the Hilton Hotel because:
· the proposed development is in keeping with the objectives of the Official Plan;
· the lands are suitable for a building of such a height, being within the second tier and in
excess of 300 metres from the Skylon Tower;
· the proposal, with its two tower concept and extensive podium with pedestrian-scale use, will
be compatible with the urban environment of this area; and
· surrounding lands will not apparently experience negative impacts in terms of sky view,
shadowing and wind.
Respectfully submitted:
W~olm ~sley _~ John MacDonald
Planner 2 Chief Administrative Officer
Recommended by:
~noug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
S:WDR~2004WD2004-56, AM-35-03, 6361 Fallsview Blvd-Hilton.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Official Plan and Zoning By-law Amendment.
Location: Parcel 1:6361 Fallsview Boulevard.
Parcel 2: Southwest comer of Murray Street
and Stanley Avenue. AM-35/2003
Parcel 3: West side of Allendale Avenue.
Applicant: 876891 Ontario Limited., 1140464 Ontario Inc and 1229142 Ontario Inc.
SCHEDULE 2
SCHEDULE 3 °~ j-~ i~
SCHEDULE 4
NUMBER OF HOTEL KEYS
EXISTING KEYS =492
NEW KEYS =468
TOTAL NUMBER OF HOTEL KEYS =960
PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - Body of the Amendment, consisting of the
following text and attached map, constitute Amendment No. to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
The referenced "Subject Property" shown on the map attached hereto, entitled "Map 1 to
Official Plan Amendment No. "shall be identified as Policy 4.6.11 (b) on Figure 4 of Part
2, Section 4 - Tourist Commercial of the Official Plan. Figure 4 is further amended by
deleting the note "DEFERRED with respect to Policy 4.4.3. No zoning by-law can be
considered for buildings over 30 storeys without an Official Plan amendment".
2. TEXT CHANGE
PART 2, SECTION 4 - TOURIST COMMERCIAL, is hereby amended by adding the
following new subsection:
Notwithstanding the provisions of PART 2, section 4.4.3 and further to the provisions of
PART 2, section 4.4.4 and PART 4, section 4.5.1, Council may pass by-laws to permit an
addition to the existing 15 and 32-storey hotel located on a 0.89 hectare parcel on the
southwest comer of Fallsview Boulevard and Murray Street, through to Stanley Avenue,
consisting of:
i) one hotel tower to a maximum building height of 172 metres and a podium
comprised of convention centre facilities, a theatre, a four-level parking structure and
associated ancillary pedestrian-scale uses; and
ii) a gross floor are not exceeding 130,000 sq. m, of which a maximum 2,600 sq. m is
to be used for convention centre facilities.
Subject to this specific development policy, the following services, facilities and matters
shall be provided under section 37 of the Planning Act for any building in excess of 30
storeys:
a) the contribution of facilities and/or funds to the City, prior to the issuance of a
building permit, in the amount of $ , to be used for as
determined by Council;
b) the restriction of the use of the theatre for hotel and convention centre patrons only;
-2-
c) the construction of the on-site parking garage to accommodate parking stackers in the
event of closure of the Allendale lot, in accordance with drawings to be attached to
the section 37 agreement or the construction of a parking structure on lands on the
southwest comer of Stanley Avenue and Murray Street;
d) the restriction of the parking levels within the on-site parking garage to valet parking
only; and
e) the provision of the architectural design, including but not limited to surface
articulation, exterior materials, roof structure and pedestrian-scale uses, satisfactory
to the Architectural Peer Review Panel and the Director of Planning and
Development.
Such services, matters and facilities shall be described in the implementing zoning by-law
and secured through appropriate legal agreements executed under section 37 of the Planning
Act to the satisfaction of the City prior to the passing of the implementing zoning by-law.
In order to provide for the implementation of these policies, the section 37 agreements and
site plan agreements shall be executed by the applicant and be ready for registration on title
by the City Solicitor prior to the passage of the amending zoning by-law.
S :\Official.plnLa3vlENDkAm-35 -03kB ODY 35-03.wpd
Mr. Doug A. Darbyson, Director
Planning & Development Department
The City of Niagara Falls
4310 Queen Street Via Fax: (905) 356-2354
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
RE: ARCHITECTURAL PEER REVIEW DRAFT REPORT
Hilton Hotel Expansion - AM-35/2003, Official Plan & Zoning By-law
Amendment Application
6361 Fallsview Boulevard and Associated off-site lands, Niagara Falls
Hilton Site Development
The Hilton site is situated immediately west of the new Niagara Casino on the opposing
side of Fallsview Boulevard. The development proposed includes the integration of the
existing 32 storey Hilton building in a comprehensive site development. The project is
comprised of four primary building elements situated on podium base. They are: the
existing Hilton Hotel; a new 58 Storey Hilton tower; a mid-rise third building positioned
between the towers, all arrayed along Fallsview Boulevard; and a convention/recreation
building wing along the Stanley Avenue frontage. Service Facilities, porte cochere drop-
off and parking access are arranged in the interior of the development screened from all
street frontages. The proposal adds 468 rooms to the 492 already on site.
The proponent spent substantial time and effort on this application on a previous scheme.
That scheme was comprised of an amalgamation of the existing and proposed buildings
into a single mammoth structure, believed to be economic from an operation and
construction point of view. The separation of the tall buildings is a radical improvement to
the proposal.
Regulatory Status
The height permitted on the site was deferred by O.P. 26 legislation and was to be
considered separately on its merits. The Panel takes the position that the fundamental
aspects of the regulatory context including O.P. 26 and its intended reforms, are relevant
to the site despite its deferral. It has been the duty of the applicant to explain why the
regulatory standards should not be applicable, in principal and fact.
Positive Base Building Principle
The development manages to produce a convivial condition on its street frontages of
sufficient height (extra high 4 floors) as to provide a well scaled experience for
pedestrians. The Panel finds these previsions satisfy the base requirements for the
project. The architecture of the base should be refined and made more compatible with
the taller buildings while retaining a scale and materiality suitable to pedestrian proximity.
The location and spacing of entrances for cars and service vehicles is good, maintaining
good street front pedestrian continuity.
-2-
Public Realm at Grade Principle
The landscaping proposed can be made consistent with the city's streetscape
requirements. The "water and ice" theme for Murray needs to be accommodated and
should be addressed in a Section 37 agreement. The current drawings show unresolved
curb details on the Fallsview frontage, which will need to be resolved to the satisfaction of
the city departments; Planning, Parks and Transportation.
Sky View Principle
The building has adopted a maximum width under the 40m. limit for structures over 15
storeys in height, a TADS requirement. The scheme is an Option I project with a floor
plate less than 1000m2.
The building is substantially setback from escarpment edge and the Skylon Tower. The
Skylon Tower would still be dominant from the Niagara Parkway. This tower and other
30+ structures have begun to overtake the dominance of the 3 towers as seen from the
American side. The IBI proposal will accelerate this trend.
The towers (existing and proposed) provide a separation distance of 28.9m. 25m.
separation is required but even at the exceptional height proposed the panel regards the
distance acceptable for three reasons. First, the scheme with podium setbacks and the
fixed position of the existing building produces the maximum available separation.
Secondly, a single owner receives the consequences of the lesser dimension. Thirdly,
the sky exposure in the area are still preserved as a result of the factors previously
discussed.
Skyline Height Principle
Height. The project proposes an exceptional height for Niagara Falls of 58 storey versus
the 30 - 36 storeys previously approved by the city. The justification offered for this in
written submissions are three. First, the building sits in a very particular context
comprised of large floor plate, Iow rise structures at the Casino and Skylon Facilities; few
towers exist or could in fact, exist given the restricted area available for tall buildings.
Secondly, given the Fallsview hotel area node and the aforementioned formation of lower
buildings the tower can be seen as a civic attribute in that it acts as a marker for the sub-
district, a kind of campanile (a district marking landmark tower in Europe). Thirdly, the
building is a large block back from the edge of the escarpment and is less imposing than
a smaller building in the first tier.
These arguments in our view have weight particularly in light of the impending
recommendations by IBI for a second tier of taller buildings.
Because the building provides a podium base and a transitional building to the west we
find the height acceptable. The height is an architectural attribute from a formal point of
view since it provides the tower with a more elegant proportion. The group of three
buildings, large, medium and small constitute an interesting composition. While the top of
the new tower is in the same family as the existing Hilton and is a distinguished element,
additional design could improve it's appearance and make it more appropriate for the new
modern tower.
-3-
Niagara Falls Views and Vistas Principle
The building will be obscure as seen from the Niagara Parkway but visible as seen from
the New York side, providing a variable skyline consistent with the IBI approach.
Positive Micro-Climate Principal
The rigorous provision of a high podium and colonnades with towers setback should
produce a very good micro-climate for pedestrians including wind and weather protection.
The sun shade studies indicate a series of special conditions which we deem collectively
acceptable. Morning shadows of the Point Tower are "mobile" producing shadowing on
adjacent properties for approximately 1 hour per day. Much of the shadowing is on the
site itself; or the adjacent street for limited periods. The pattern does not effect the
forecourt of the casino significantly.
Parking and Circulation
It is our understanding that the parking required should be accommodated conceptually
on site i.e. not in the Hydro R.O.W. since the City intends to take back that space in the
short-run. Some temporary arrangement with the city for phasing may be acceptable
through agreement. Parking stacking is an acceptable form of provision, though it
requires ongoing valet service.
Additional Matters
Because the IBI review is recommending that buildings with floor space over 30 storeys
should provide a contribution to an area improvement and amenity fund. We assume this
project will provide such a contribution.
The Peer Review Panel
Trevor Garwood Jones, Jamie Douglas, J. Michael Kirkland
J. Michael Kirkiand
Chair
cc. Jamie Douglas
Trevor Garwood Jones
Barristers & Solicitors McCarthy T6trault LLP ~
Patent & Trade-mad: Agen= Box 4fl, Suite ~7~ ~
Toronto ~mtni~ B~ Tower ' "~ ~ ~/'-- ~
McCarthy T trauk
TeLephone; ~16 36L1812
Facsimile; ~16 8~8-0673
mc~rth~.ca
Stephen H. Diamond
Direct Line: 416
D/rect Fax: 416 601-8010
June 9, 2004 E-MalI~ diam0~l@mcc~hy.ca
City of Niagara Falls
Planning
4310 Quema Street I ~ -~,.,~a .
Niagara Falls, ON L2E 6X5 In,e:
Attention: Douglas A. Darbysou
Director of Plauning& Development
Dear Sirs:
Re: Niagara Falls Hilton- Proposed Parking Supply
Further to our recent discussions with respect to this matter, we wish to set out a proposed
solution to the parring requirement for both tho existing and new hotel if approved by the
City o£Niagara Falls.
At the outset, it is our client's intention to provide all parking required for the new hotel (444
rooms and 1,750 sqan. ofeonvemion space) on site within the proposed garage. This
parking estimate has boon calculated in accordance with the requirements o£BA's calculation
o£required parking based on the following criteria:
Hotel 0.8 spaces / suite 355 spaces
Convenfi(m Centre 7.9 spaces / 100 sq.m. of 138 spaces
function room floor area
Total 493 spaces
Wi~ respect to the existin~ hotel (516 room~ mad 785 sq.m of convention space), the parking
reqmrement based on BA's criteria would be as follows:
Hotel 0.8 spaces / suile 413 spaces
Convention Centre 7_9 spaces / 100 sq.m. of 62 spaces
function room floor area
Total 475 spaces
PLANNING ~,~eST~NG-,-'jUL f:T-I EIVED
McCarthy Tdtrautt LLP TDO-ELM #7223125 v, / JUN 0 9 ZO0~t
& DEVELOPMENT
McCarthyT tratxlt
June 9, 2004 - 2 - City of Niagara Falls
Our client would propose to provide the 475 spaces required for the existing hotel as follows:
On site parking 71 spaces
Jungleland lot 104 spaces
Allendale lot 300 ("temporary") spaces
In addition, our client would be prepared upon receiving 6 months notice fi'om the City to
give up the 300 temporary parking spaces being provided on the Allendale lot and replace
them with parking stackers if the City required the entire Allendale lot for landscape/buffer
purposes at any point in the future.
We believe thi.~ proposal provides the City with the ability to implement a new policy
fi'amework for parking which in essenco requires that new hotel facilities will be required to
provide parking in accordanco with the City's by-laws but at the same lime provides the City
with flexibility with respect to the requirement for parking as a result of the implementation
of the proposed "people mover" and addifonal financial obligafiom the City may incur over
time to acquire the Hydro lands.
We are hopeful this proposal will meet with your satisfaction. In the meantime, if you have
may questions or comments, please do not hesitat= to contact the writer.
Yours very truly,
McCarthy Tit~ault LLP
Per~ _
LANNII', G EE'TtNG JUL 1 2 200
McCarthy Tdtrault LLP TDO-LeLM #7225125 v. 1
McCarthy T~trault LEI'
RECEIVED
PLANNING
& DEVELOPMENT
St. Mary's Ukrainian Catholic Church
6248 Main St.
Niagara Falls, Ont.
L2G 6A4
July 2, 2004
Doug Darbyson
Director Of Planning And Development
RE: City File AM-35/2003
Revised application to amend the official plan and zoning by-law No. 79-200, site of
Hilton Hotel parcel 3, as shown on schedule 1.
We at St. Mary's Ukrainian Catholic Church, located at 6248 Main St., Niagara Falls,
Ont., do not object to the expansion and modification to the existing Hilton Hotel
building and parking lots, as long as our demands for a privacy fence (to at least past the
storage shed) and some other type offence (to keep trespassers out) is built. Please see
the enclosed drawing showing the fence requested.
We have problems day and night with the noise from cars being parked and retrieved,
dust during the summer, people throwing garbage across onto our property, and people
using the church grounds as a picnic area, leaving their garbage behind.
The priest's residence is occupied by the priest, his wife, four children, and the mother in
law. They all require some privacy and noise reduction.
At the Jan. 19, 2004 council meeting, the Hilton Hotel representative stated that building
the privacy fence requested by our church would be no problem. It would be done.
Nothing has been done since that meeting. There is no fence, but noise and dust levels
have increased.
Yours truly,
Alex Bartkiw
Church Committee Vice President .t~,tO~13~. ~ 2 ~l}l~
(905)-356-1488 '~ A I'!ff' G ...... ....
encl.
ab:sb RECEIVED
JUL - 2
PLANNING
_& DEVELOPMENT
PUBLIC WORKS DEPARTMENT I _b I
I ~ Scanned
OPERA TIONAL SUPPORT SERVICES I F~,: x,~/~,
The Regional Municipality of Niagara
2201 St. David's Road, P.O. Box 1042 u"~.L~l~.J,(.$ ~,~.
Thorold, Ontario L2V 4T7
June 23, 2004
Doug Darbyson
Director of Planning and Development
City of Niagara Falls
Dear Mr. Darbyson:
REVISED Official Plan and Zoning By-law Amendment Application
Applicant: 876891 Ontario Limited, 1140464 Ontario Inc. and 1229142 Ontario Inc.
Proposal: 464-Room, 58-Storey Expansion to the Existing Hilton Hotel; Portion of
Required Parking to be Located Off-Site; Fewer Parking Spaces than Currently Required
by the Zoning By-law; Parking to be provided in tandem on Parcels 2 and 3; and a
Reduction in the dimensions of the Parking Stalls and Manoeuvring Aisles
Location: Parcel 1:6361 Fallsview Boulevard; Parcel 2: S/W Corner of Murray Street and
Regional Road 102 (Stanley Avenue); Parcel 3: W/S of Allendale Avenue
In the City of Niagara Falls
Regional Municipality of Niagara
City File: AM-35/2003
Our File: D.18.04.66 (ID#2588)
Regional Niagara Public Works Department has reviewed the above-referenced revised
Official Plan and Zoning By-law Amendment Application. Our previous comments, dated
January 14, 2004 and November 27, 2003 (see attached), still remain applicable.
Yours truly,
Development & Approvals Manager
WIS/cm
[:~[ngineerin§-Planning-and-Development\Vetrone~armen\Niagara [a~Is\CORR[$POND£NC[ 2004\9246.O.Darbyson.City of Nia§ara Falls.doc
Attach merits
RECEIVED
JUN 2 9 2004
PLANNING
& DEVELOPMENT_
Phone: (905) 685-1571 Fax: (905) 687-8056
1-800-263-7215 Website: www.regional.niagara.on,ca
~'~'~ PI '"LIC WORKS DEPARTMENT
NIAGARA
?,:~.~ .~? OPERA TIONAL SUPPORT SERVICES AdZ
2201 St. David's Road, P.O. Box 1042
Thorold, Ontario L2V 4T7 Trans
January 14, 2004
Doug Darbyson
Director of Planning and Development ~0h~o.
City of Niagara Falls o.s.s.:
Dear Mr. Darbyson:
Official Plan and Zoning By-law Amendment Application (AM-35/2003)
Applicant: 876891 Ontario Limited, 1140464 Ontario Inc. and 1229142 Ontario Inc.
Proposal gl: To Permit a 58-Storey Expansion to the Existing Hilton Hotel
Proposal//2: A Portion of the Required Parking to be Located Off-Site on Parcels 2 and 3 Rohoma,
Proposal #3: A Reduction in the Zoning Standards for Parking as it AppLies to the .. ......
Proposed Development W~ght
Proposal #4: Parking to be Provided in Tandem on Parcels 2 and 3 s. Waste:
Proposal #5: Reduction in the Dimensions of the Parking Stalls and Manoeuvring s~.e~
Aisles as Prescribed in the Zoning By-law
Location: Parcel 1:6361 Failsview Boulevard; Parcel 2: Southwest Corner of ~ M.cciar~lli
Murray Street and Regional Road 102 (Stanley Avenue); Parcel 3: West Side of Sr,~
Allendale Avenue w & w w:
In the City of Niagara Falls
1
Our File: D.18.04.66 0D#2588)
Thank you for convening the meeting on January 8, 2004, to review the Hilton Hotel submission and
implications for other large scale developments on the Stanley Avenue corridor.
As we indicated in our previous comments, dated November 27, 2003 (attached) and confirmed in our -7 ~o~
discussions at the meeting, we have significant concerns with the magnitude of this proposed
development upon existing wastewater, water and transportation services, as well as the implication that
any such precedent setting approval may have upon the ultimate build of this commercial area.
We would again note that the planned and recently constructed improvements to Stanley Avenue cannot
singularly fulfill the transportation needs of this area. Taking into account the comments dated October
24, 2003 (attached) from John Hetnmingway, P. Eng. of Totten Sims Hubicki Associates (our planning
consultants) and the issues discussed at the meeting, we would recommend the following be addressed:
1) Evaluation of the people mover system with its relationship to public transit, rail and parking.
2) Implementation of the Aliendale Avenue/Buchanan Avenue couplet street system.
3) Review of the parking strategy, particularly to off-site parking and the associated need for
dedicated pedestrian links (grade separation crossovers) to such parking areas, with the
understanding that parking is a local issue, but obviously can affect Regional facilities.
4) Review of the access strategy for this commercial district with alternate routing to the area by
providing direct traffic to McLeod Road from the QEW in conjunction with (preferably instead
of) Highway 420/Stnnley Avenue (Regional Road 102). JDL ~ 2
Phone: (905) 685-1571 Fax: (905) 687-8056
1~00-263-7215 Website: www.region al.niagara.on.ca
Doug Darbyson
Director o. arming and Development
Ci~ of Niagara Falls
January 14, 2004
Page 2
On the subject of water and waste,.vnter se,wices, it is prudent that the density of this development and
future proposals not exceed criteria previously established. In this regard, we would again note that the
City previously retained the engineering services of Robert M. Martin Engineering & Project
Management Inc., who logically and out of necessity established some design parameters. We would
suggest that they be adhered to, not only to protect the integrity of the City's system, but to also
safeguard downstream capacity within Regional infrastructure, some of which currently under
design/construction. With regard to water, no individual connections will be permitted to the Regional
trunk system to accommodate the significant pressure required to service the height of this proposed or
other similar developments.
As expressed at the meeting, Regional staff welcomes the opportunity to work closely with your
Planning and Engineering staff in the proposed review of this commemial corridor. The resulting
document should provide your municipality with a comprehensive plan agreeable to our respective
agencies and adopted by your Council for this area. We firmly believe that it is important to establish
and adhere to design parameters, in order to treat all developers equally and not adversely affect our
respective infrastructure. Definitely no initial development should be entertained in isolation until the
plan is completed.
We trust that the foregoing is adequate for your purposes at this time.
Yours truly.
D. K. Cherrington, C.E.T.
Manager of Engineering Planning and Development
DKC/cm
L:\Engineering-plannmg-and-Development\Niagara Falls\CORRESPONDENCE 2004\8827.D.Darbyson. City of Niagara Falls.Hilton.doc
Attachments
c: William J. Stevens, C.E.T., Development & Approvals Manager
Bryan McInnis, Supervisor of Permits
Bob Johnson, Manager Traffic Engineering, Transportation Services Division
John Rizzo, C.E.T., Project Manager, Transportation Engineering
Joe Cousins, C.E.T., Director, Transportation Services Division
Geoff Hoiman, C.E.T., City of Niagara Falls
Karl Dren, Traffic & Parking Services Manager, City of Niagara Falls
Ed Dujlovic, P. Eng., Director of Municipal Works, City of Niagara Falls
John Barnsley, Planner 2, Planning and Development, City of Niagara Falls
Ken Mech, Manager of Current Planning, City of Niagara Falls
John Hemmingway, Totten Sims Hubicki Associates
Zoning By-law Amendment Application (AM-35/2003)
Applicant: 876891 Ontario Limited, 1140464 Ontario Inc. and 1229142 Ontar'~o Lac.
Proposal gl: To Permit a 58-Storey Expansion to the E:dsting Hilton Hotel
Proposal gL'.: A Portion of the Required Parking to bl Located Off-Site on Parcels 2 and 3
Proposal #3: A Reduction in the Zoning Standards for Parkhag ~s it AppLies
to the Proposed Development
Proposal ,~'4: Parking to be Provided in Tandem on Parcels 2 and 3 _
Proposal #5: Reduction in the Dinaensions of the Parking Stalls and Manoeuvring
Aisles as Prescribed in the Zoning By-law
Location: Parcel 1:6361 Fallsview Boulevard; Parcel 2: Southwest Corner of
Murray Street and Regional Road 102 (Stanley Avenue); Parcel 3: West Side of
Allendale Avenue
In the City of Niagara Falls
Our File: D.18.04.66 (12)#2588)
Regional Niagara Public Works Department has reviewed the above-referenced application for aa Official Plan
and Zoning By-law Amendment, which involves a large scale development adjacent to Regional Road 102
(Stanley Avenue). The following corn.menu are provided:
We wish to express our concern with the magnitude of this proposed hotel/convention facilities deve!opment upon
e,,dsting and planned wastewater, water and transportation services, as well as the implication ~at aav tach
precedent se~,_ng approval may have upon the ultimate build out of this commercial area. Accord' ~v '
the opin/on ~t~t this application should not be considered in isolation and certainly not orior to a
of ~ts serv~cm_~ demands and affect on all downstream infrastructure ,- ugh analysts
in tiffs regard, we would request that Niagara Fa/s staff convene a meeting with Rezional and CiLy s'~,.aff, prior to
holding a subsequent meeting with other key stakeholders. Note that we are not in a¢osition ro provide additional
comments or comment positively until our concerns are adequately addressed and resolved satisfactor./.
Yours tralv.
D. K. Cherring. on' C.E.T.
Manager of Ezgineering Planning and Development
DKCIcm
L:\Engineering-P'aaaing-and-Dev¢loprnent\Niagara~alls\CORRESPONDENCE 2003\8714.d.darbyson.ciry of nia_m~ra falls.doc
c: Bryan McIrmis, SupeD'lsor of Permits
John. :?/z-zo, C.E.T., ~.oject Manager, Transportation Engineering
loe C,:asins, C.E.T., Director, Traa.snortation Services Division
John E.~mraingway, Toaen Sims Hubicki Associates
Geoff Holmaa, C.E.T.. City of Niagara Falls
Ecl Du'iovic, Director of Municipal Wodcs, Ci~ of Niaz~a Palls
?~¢ne: (9C~. ~a5-1 ~71 Fax:
i -,~,~ 2-253-7215 Website: ,vw',v :eglon al.n~ag ara. :n
Corporate Services Department PD-2004-57
. . ,~za Planning & Development Doug Darbyson
The City o! 4310 Queen Street Director
Niagara FallsJ~,~l~' P.O. Box 1023
Canada '-- Niagara Falls, ON L2E 6X5
~J~ web site: www.city.niagarafalls.on.ca~''1
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-57, Zoning By-law Amendment Application
AM-31/2004, Kinsmen Court
Applicant: Falls Wholesale Ltd. (Zippo Canada)
Proposed Ancillary Retail and Museum Use
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law Amendment application to add a retail
store and museum as ancillary uses to the Light Industrial (LI) zone on these lands.
BACKGROUND:
Falls Wholesale Ltd. has requested an amendment to the Zoning By-law for a 0.8 hectare (2 acre)
parcel of land on the east side of Kinsmen Court, as shown on Schedule 1. The applicant intends
to erect a 2,051 sq. metre (22,081 sq ft) warehouse facility and ancillary floor area as shown on
Schedule 2.
The land is zoned Light Industrial (LI). A site specific amendment to the zoning is requested to add
a retail and museum use and having a floor area of approximately 423 sq. metres (4,.450 sq fl.) as
an ancillary use to the warehouse.
Surrounding Land Uses
The proposed development is bounded by existing industrial developments to the north and south.
Further to the south is a go-cart trackway. To the west, the Community Centre/YMCA site is being
developed, while the Queen Elizabeth Way (QEW) lies to thc east.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
July 12, 2004 -2 - PD-2004-57
Circulation Comments
· Municipal Works - The applicant is requested to show on the site plan
the tuming path for buses to ensure the access to the
bus parking stalls.
· Regional Municipality of Niagara - Not opposed to this application from a Regional or
Provincial planning perspective.
· Ministry of Transportation - All new structures, services, fire routes and required
parking are to be set back a minimum of 14 metres
from the QEW property line.
- A Building and Land Use permit will be required.
Planning Review
The following is a summary of staffs assessment of the application:
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Industrial in the Official Plan. The predominant use of the
lands is to be for industrial uses. Retail and wholesale showrooms which are ancillary to
industrial operations are permitted. Further, the policies allow Council to consider
amendments to the Zoning By-law to permit commercial services and complementary uses
within industrial districts in order to accommodate changing market conditions. These uses
are to be restricted as to their location, size and extent o findustrial operation so that the overall
industrial function is not diminished. In addition, frontage onto controlled access highways
is intended for prestige industrial uses that require visual prominence and which foster a good
impression of the community. Adequate provision is to be made for on-site parking and traffic
circulation. These uses are to be integrated with industrial uses in business park settings which
encourage an attractive layout and landscaping.
The proposal conforms to the Official Plan as follows:
The retail and museum use represents about 20% of the proposed floor area, leaving the
majority of the site for industrial (warehouse) purposes. These uses are clearly
subordinate to the main industrial use and will not diminish the pr/mary industrial
function of the property.
The proposed uses are in keeping with the existing character and mix of industrial,
commercial and community uses that exist in the immediate area.
The site offers convenient access to Montrose Road and Queen Elizabeth Way, thereby
minimizing impacts on surrounding lands.
· Ample room exists to allow on-site parking circulation and landscaping to be established
which projects a high quality development and incorporates the requirements of the
Ministry of Transportation.
July 12, 2004 - 3 - PD-2004-57
2. The requested zoning amendment to add the retail and museum uses is appropriate for
the site.
The property is currently zoned Light Industrial (LI). This zoning permits a range of
industrial uses. Currently, retail stores are permitted but are limited to those goods which are
produced at thc premises. In this instance, the retail store will be for goods produced elsewhere
but stored and distributed from this location. The retail area proposed is similar in function
to that already permitted by the By-law. The proposed arnendment would add the retail and
museum use as ancillary uses. This is in keeping with the Official Plan and the proposed use
can be controlled through the Zoning By-law amendment. The amending by-law will contain
provisions to restrict the ancillary retail and museum floor area to that proposed in this
application and also to require minimum landscaping standards.
3. Site Design
The MTO does not allow the parking and loading area within 14 metres of its right-of-way.
The owner should revise the site design to increase the landscaping along the QEW to meet the
requirements and achieve the high quality development policies of the Official Plan. Through
the site plan process, the developer will be encouraged to reorient the building to the QEW
(with attractive frontage) or move the loading area away from the QEW frontage.
Alternatively, the loading area could be screened.
CONCLUSION:
The application can be supported for the following reasons:
· The use complies with Official Plan policies respecting complementary uses in the Official
Plan and will not impact on the integrity of the surrounding industrial area.
· The requested retail store is similar to the type of retail facility currently permitted in this zone
for retail goods manufactured on-site.
· The Zoning By-law amendment will restrict the size of the ancillary uses and regulate the
provision of adequate landscaping.
The site plan process will allow a high quality development to be provided on a site that fronts
onto the QEW, in order to meet the objectives of fostering a good impression of the
community.
Prepared by: Approved by: _
T. Ravenda
Planner 2 Executive Director of Corporate Services
Recommended by: espectfully su~/~ed: ~,~
,~.oug Darbyson )hn MacDonald
IJX)irector of Planning & Development ~hief Administrative Officer
AB :pb
S:h°DRk2004h°D2004-57, AM-31-04, Kinsmen Court Ancillary Retail Museum wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Location: Kinsmen Crt
Applicant: Falls Wholesale Limited ~:ms
AM-31/2004
SCHEDULE 2
· I I
.II
[ 1
L__ J
Planning
MEMO~NDUM
TO: Peter Co,osimo, MaP, RPP dUN ~ 0 20~.
Planner ~io.~J ,~?~ny
Planning and Development Depa~ment ~p~,fii.~/
SUBlEt: Zonin8 By-law ~endment Application (~-31/2~4) ~
~plicant: Falls Whol~ale Limit~
Pro~l: To Permit an Ancilla~ Retail Store and Museum in a New
InduArial War~ouse Development
L~ation: Kinsmen CouA
In the City of Nia3ara Falls
Our File: D.18.04.66.643600411 (1~3259)
Regional Niagara Public Works Depar[ment has reviewed the above-referenced Zoning By-'
law Amendment Application. The subject property is located on a local road. We have no
objection to the intended land use,
We would note, however, that there shall be no waterline service connection to the
Re§ional 900 mm diameter watermain, located on Kinsmen Court, as there is a local 200
mm diameter watermain. Caution is to be exercised while working in the vicinity of the
Regional watermain.
Feulllets da tmnsrllJssJofl par l~l~copieur m,~. J ~
POSt-it' Fay Nota 7~7m
~i[li~m J.~, C:E.T. ,.,,~,
Develop~nt & Approvals Manager
Public Works Depa~ment
Operational Suppo~ Sewices Division
WJS/cm
L:~ngineerlng-Planning-and-~velopmenl~Velrone<a~en~Niagata FalIs~CORRESPONDENCE 2004~9274.P. Col~imo.d~
RECEIVED
~ :~ ., , JUL I 2 200/~ JUL - 6 2OFt
Niagara Pl.~,i~iNiN~ J~'J' H~ ...... ~ PLANNING
Works & DEVELOPMENT
Ministry of Mlnlst,re des ~Ontario
Transportation Transports
Phone: (416) 235-4088 Central Region Operations
Fax: (416) 235-4267 Corridor Management Office
E-mail: Gustavo.Rojas~mto.gov.on.ca 7th Floor, Bldg. D
1201 Wilson Avenue
Downsview, Ontario
M3M 1J8
June 23, 2004
Doug D~byson V~ L~ ~j.
Director of Pl~ng ~d Development
City of Niag~a Falls
4310 Queen Street
Niag~a Falls, ON L2E 6X5
De~ Mr. Darbyson:
~: File: ~-31/2004
Public Meeting Notice - Zoning By-law Amendment Application
~nsmen Court
F~her to yo~ cimulation received June 15, 2004, the Minist~ has reviewed the above noted
application. ~ general, the applic~t should be aw~e ~at ~y propos~ development of these l~ds,
including ~y new buildings, will require Mi~s~ review ~d approval. ~ addition, no pre-
se~icing, ~ading, ~d installation of si~s on ~e subject l~d is pemi~d wi~out the issu~ce of
Minis~ pe~its.
We will require ~y new stmc~es, above and below ~o~d be setback a m~um dist~ce of 14m
~om our highway propeay line. This includes ~y new buildings, internal roads, essential p~king,
catch basins, fire routes, sto~ water m~agement ponds ~d ~y other essential stmc~e for ~e
developmem. The applicant should be made aw~e that Miffis~ pe~its ~e required for all
smct~es above ~d below ~o~d, located within 45m 5om o~ h~way prope~ line, ~d wi~ a
radius of 395m ~om the cen~e point of a Miffist~ intersection.
Subsequent requests may require ~e applic~t to submit a site pl~, a s~ey pl~, ~ illumination
report, a site se~icing ~d ~ading pl~, a ~affic impact s~dy ~d a sto~ water m~agement r~o~.
Pe~its must be obtained ~om o~ office located on the 7~ Floor, Attire Tower, 1201 Wilson
Avenue, Toronto, Ont~o M3M 1J8. The Pe~it Officer contact for this ~ea is David Bro~ 416-
235-4081.
RECEIVED
Yours ~ly,
JUN 2 5 2OO
~L,A}I~[A¢'- Gustavo Rojas
Tr~spodation Tec~ician
Coffidor Management Office
Corporate Services Department PD-2004-58
Planning & Development Doug Darbyson
The Oily of jl~l~ 4310 Queen Street
Director
Niagara FallslJ r. w ..o. Box
Canada~,~,~~' Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.o ri.ca
~- ! -- TeL: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city, niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of tho Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-58, Zoning By-law Amendment Application
AM-28/2004, 6840 McLeod Road
Applicant: Canadian Tire Real Estate Limited
Agent: Carol-Anne Mnnroe, Planner
Proposed Parking Reduction, Canadian Tire Retail Store
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment to reduce parking
standards for the existing Canadian Tire retail store at 6840 McLeod Road and to reduce the exterior
side yard setback from Domhester Road for the proposed car wash., and that the neiglTbours
be included in the site plan process.
BACKGROUND:
Canadian Tire Real Estate Limited, through its agent Carol-Anne Mtmme, has requested an
amendment for the land known as 6840 McLeod Road, the C~an Tire retail store, as shown on
Schedule 1. The owner proposes to increase the development of the site by adding a car wash to the
existing operations. This development and an increase in landscaping will necessitate the removal
of parking. Details of the site are shown on Schedule 2.
The lands are zoned General Commercial (GC). Site specific provisions are requested for a
reduction in required parking from 228 to 190 spaces and a reduction in the setback required for an
exterior side yard from 12 metres to 1.98 metres (Dorchester Road).
Site Description and Surrounding Land Uses
The subject propertyis located on the southeast comer of McLeod Road and Dorchester Road. The
site is occupied by an existing Canadian Tire retail store and gas bar. Within the store is an
automotive repair garage and a garden centre.
Contiguous with thc site to the east, but a separate parcel, is a Food Basics grocery store. General
commercial and automotive related uses are located to the north and west of the site. South are
residential lands comprised of single detached dwellings.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems ~ Legal · Planning & Development
July 12, 2004 - 2 - PD-2004-58
Circulation Comments
The application was circulated to City departments, government agencies and the public for
comment.
Municipal Works A 3-metre road widening along the Dorchester Road
frontage is to be dedicated to the City.
A portion of the parking area should be reoriented to
provide for proper traffic flow.
Planning Analysis
1. The proposed amendment is in compliance with the Official Plan.
The subject property is designated Minor Commercial in the Official Plan. Minor
Commercial land represents a moderate concentration of commercial space, ranging in size
from 40,000 sq. ft. to 110,000 sq. fl. The Canadian Tire store and the proposed car wash are
in keeping with the intent of the Minor Commercial policies.
The Official Plan also states that adequate parking is to be provided by each development so
as to minimize the demands for on-street parking and to allow for the flee flow of traffic.
2. The requested zoning amendment will provide appropriate regulations to control
development.
The subject land is zoned GC. Site specific provisions are requested to reduce the zoning
standards for parking and the exterior side yard. Parking spaces will be eliminated to
accommodate construction of the car wash, the expanded garden centre, enhanced
landscaping along McLeod and Domhester Roads and road widening requirements.
Requests to reduce parking are closely scrutinized by Staff and require analysis and
justification from the applicant prepared by a qualified professional. The retail store and
garage require 228 spaces under the current zoning. Parking for 190 cars will be provided
on-site after construction of the car wash. Based on the parking demand analysis submitted
by the applicant and verification by Staff, some reduction in parking can be considered. The
applicant's consultant conducted an on-site survey which indicated that the peak demand was
114 spaces. The consultant assumed a 20% increase for the Christmas season peak and
concluded a demand for 140 spaces. However, City Parking and Traffic staff tested this
result against parking demand rates for retail stores as determined by the International
Transportation Engineering (ITE) organization. Staff calculations produced a range of
between 172 and 219 spaces to serve the subject development. Accordingly, the 190 spaces
to be provided appear to be more realistic to meet the parking demand of the existing retail
store, garage, gas bar and the proposed car wash. Any expansions would require further
zoning relief and justification by the applicant. It should be further noted that currently the
garden centre has been extended toward Dorchester Road thus occupying all of the parking
area west of the building. The area of the garden centre, by virtue of this approval, will have
to be limited such that the 11 parking spaces along Dorchester Road will be fully functional.
July 12, 2004 - 3 - PD-2004-58
Exterior side yard depths are intended to provide a consistent building setback with front
yard setbacks of buildings on the flanking street. In this instance the Canadian Tire property
is quite large and the car wash facility is situated well away from buildings fronting onto
Dorchester Road. As well, the car wash is to be located a sufficient distance away from the
intersection that it will not impact on sight lines at the coruer. The reduced side yard will
apply to the car wash structure only which has an exposure along the exterior lot line of only
13 percent of the total length of the property line. Thc ama along thc Dorchester Road
frontage is to be treated with a landscaped strip which will vary in width from 1.4 metres
(4.5 ft) to 5.3 metres (17 ft) and will actually improve the aesthetics of the property.
CONCLUSION:
Based on the foregoing, staff can recommend approval of the requested amendment to reduce the
required parking for the Canadian Tire retail store at 6840 McLeod Road and to reduce the exterior
side yard for a proposed car wash because:
the amendment is in compliance with the Official Plan;
the reduction in exterior side yard is reasonable given the minor area involved and the
enhanced landscaping; and
the reduction in parking to 190 on-site parking spaces will be linked to the existing gross
floor area, thus limiting expansion potential without further zoning relief.
P~ (~Respectfully submitted~
'~T0~amsley ///John MacDonald
Planner 2 {j~ Chief Administrative Officer
Recommended by:
~Doug Darbyson
irector of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB :pb
Attach.
S:\PDR~2004~PD2004-58, AM-28-04, 6840 McLeod Road-CT Real Estate wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Location: 6840 McLeod Road
Applicant: Canadian Tire Corporation I:NTS
AM-28/2004
IC/GIS Requ~,ta~2004~Schedul~ZoldngAM~AM-28~nappmg apr
SCHEDULE 2
Corporate Services Department PD-2004-59
Planning & Development Doug Darbyson
The Ci~/of ~i~l~ 4310 Queen Street Director
P.O. Bo× 4°23
Niagara
Can_~_ ,~,~,lj~ Ni~g~m F~lls, ON L2E 6X5
web site: ~.city.ni~g~ratells.on.c~
I - Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning~ci~.niagaratalls.on,ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-59, Zoning By-law Amendment Application
AM-27/2004, 6733 & 6783 Kalar Road
Applicant: City of Niagara Falls
Proposed Indoor Soccer Facility
RECOMMENDATION:
It is recommended that Council approve the amendment to permit the construction of an indoor
soccer facility at 6735 and 6783 Kalar Road.
BACKGROUND:
The amendment is proposed for a 10.8 ha (26.7 ac.) parcel of land on the west side of Kalar Road,
as shown on Schedule 1. The parcel is comprised of lands separately owned by the City, Niagara
Falls Hydro and Hydro One. The amendment is proposed to permit the construction of an indoor
soccer facility, through a public/private partnership. The proposed facility will also include
basketball courts, administration offices for the Niagara Falls Girls Soccer Club and other
recreational organizations, a licensed restaurant, concession area and training room. The facility is
also proposed to be used for consumer shows. Details are shown on Schedule 2.
The lands are zoned Development Holding (DH) and Institutional (1-470). Special provision 470
permits a portion of the lands to be used as a place of worship. The zoning of the land is proposed
to be changed to an Open Space (OS) zone with site specific regulations to add the commercial uses
and to recognize an increased building height and reduced southerly side yard setback.
Site Description and Surrounding Land Uses
The subject property is located on the west side of Kalar Road, north of McLeod Road. The north
portion of the site is part of a Hydro corridor and is occupied by overhead transmission lines and
towers. The west portion of the site is occupied by the soccer pitches of the Home for Girls Soccer
and within the northwest quadrant is a Niagara Falls Hydro transformer station.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal · Planning 8, Development
July 12, 2004 - 2 - PD-2004-59
To the north and west are vacant residential lands. South of the site is Kate S. Durdan Public/Loretto
Catholic elementary school. Multiple unit residential development occupies the lands along the east
side of Kalar Road.
Circulation Comments
Information regarding the proposed amendment was circulated to City departments, government
agencies and the public for comments. No objections were received.
Planning Analysis
1. The proposal complies with the applicable policies of the Official Plan and the Garner
Neighbourhood Secondary Plan.
The lands are designated Residential in the Official Plan. A variety of ancillary uses,
including parks, recreational and community facilities, are permitted under the Residential
designation. These uses are to be located conveniently to serve area residents and those that
are to be significant traffic generators should be located on arterial roads to reduce impacts
on area residents. The Garner Neighbourhood Secondary Plan contains policies that allow
for the location of community facilities along collector roads to minimize traffic in
residential areas and to take advantage of public transit. Also, community developments are
to be designed to ensure land use compatibility.
The proposed indoor soccer building is to be a privately operated facility that is being built
to service the city at large. Together with the outdoor soccer pitches, it is anticipated to
generate significant traffic. As such, its location on Kalar Road, which is an arterial road,
is appropriate. However, the recently completed environmental assessment for this section
of Kalar Road forecasts the need for a road widening and turning lane. Construction is slated
for 2007. Because of the road widening, the parking area in front of the building should be
eliminated to ensure for landscaped front yard after the road widening has been utilized. The
main parking facilities are separated fi.om the residential lands west and south of the site by
the soccer pitches and Durdan/Loretto School, respectively. Parking has been provided on-
site and is to be constructed on leased lands within the Hydro corridor to the north of the
soccer facility. Should there be a greater demand for parking, the parking within the Hydro
corridor can be expanded. This northerly parking lot, within the Hydro corridor, abuts vacant
residential lands. To ensure long-term compatibility, it should be constructed with at least
10 feet of landscaping along the north property line to ensure that there is sufficient room to
install planted screening for the future residential development to the north.
2. The requested site specific zone provisions will provide adequate controls to regulate
development.
The subject lands are currently zoned DH and 1-470. Special provision 470 permits a portion
of the lands to be used for a place of worship. It is proposed to change the zoning to a site
specific OS zone. Modifications to the standard OS regulations are proposed to
accommodate a reduction in a side yard setback (fi.om 33 feet to 7.5 feet) and an increased
building height (fi.om 33 feet to 40 feet). The recreational building will be of substantial size
squeezed into a constrained site. Normally, large setbacks are required around recreational
buildings to mitigate the effects ora structure. The additional request for height will further
impact on the area since it will have the equivalent height of a four-storey building in an area
July 12, 2004 -3 - PD-2004-$9
where the tallest residential apartment buildings are three stories and other institutional uses
(school and retirement home) are low in nature and well set back on their respective
properties. Nevertheless, the indoor soccer facility is needed in the community and has the
support of various athletic associations.
The lesser setback from the south property line is mitigated somewhat by the fact that it is
adjacent to Durdan/Loretto school, specifically the parking and drop-offareas. This should
help minimize the impacts of the building's proximity to the property line. Building height
is to be increased to provide for increased ceiling heights and a roof structure. Despite its
setback of 45 feet from Kalar Road, the overall appearance will be somewhat imposing. The
removal of parking from the front of this building, as suggested to accommodate the road
widening, could accommodate some large trees which would help reduce the scale of the
building along Kalar Road.
The operator of the facility proposes to use the building in the off-season (ie., summer) for
consumer shows. This introduces a significant commercial utilization of the property in an
otherwise residential area during the busy soccer period. The demand for parking and the
heavy traffic generated by those using the soccer fields could be exacerbated by the addition
of consumer trade shows. However, the proponent of the indoor soccer facility has indicated
that the consumer shows provide necessary income to make the use viable. In order to limit
the impact, staff has discussed with the proponent the possibility of regulating these uses
through a temporary use by-law and limiting the shows to four per year. Because the
temporary use by-laws can only be in effect for a maximum three-year period, this will allow
the City an opportunity to monitor site functions and the parking and traffic impacts and
undertake an assessment before extending any temporary or permanent uses.
CONCLUSION:
Based on the foregoing, staff can recommend approval of the proposed amendment to the Zoning
By-law because:
· the proposed indoor soccer facility is in compliance with the Residential policies of the
Official Plan;
· the proposal is in keeping with the Garner Neighbourhood Secondary Plan; and
· consumer shows will be regulated through a temporary use by-law.
~, ~, Appr~foved by~/~,
T. Ravenda
C-Flanffer 2
Executive Director of Corporate Services
Recommended by: Respectfully submitted:
~ug'Darbyson John MacDonald
[J'Director of Planning & Development Chief Administrative Officer
JB :gd
Attach. S:kPDRk2004~PD2004-59, AM-27-04, 6733&6783 Kalar-City of Niagara Falls~wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Location: 6733 & 6783 Kalar Road
Applicant: City of Niagara Falls l:r~TS
AM-27/2004
I I I
Corporate Services Department PD-2004-60
~&, Planning & Development Doug Darbyson
The
Clfy
of
43 t0 Queen Street Director
Nlogoro Folls J , l, P.o. Box 1023
Col't~~ Niagara Falls, ON L2E 6X5
~ iT web site: www.city.nlagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: pla nning@city.niagarafalls.on.ca
guly 12, 2004
His Worship Mayor Ted Salci
and Members o£the Municipal Council
Cit~ of Niagara Falls, Ontario
Members:
Re: PD-2004-60, Zoning By-law Amendment Application
AM-16/2004, 3232 & 3272 Montrose Road
Applicant: Anthony & Pamela Crocco
Agent: Brian Sinclair, Solicitor
Proposed Townhouse Development
RECOMMENDATION:
It is recommended that:
l) Council approve an amendment to the Zoning By-law to permit the construction of
townhouses on the lands known as 3232 and 3272 Montrose Road; and
2) the approval be conditional upon a Holding (H) symbol being placed on the lands, along with
the requested R4 zoning, to allow for a noise impact study to be prepared and incorporate any
design modifications as a result of that study.
and that Mr. McAllister, Niagara South Condo Corp. #66 be included in site plan.
BACKGROUND:
The amendment is requested for the land known as 3232 Montrose Road and a poxtion of the land
known as 3272 Montrose Road, as shown on Schedule 1. The amendment is requested to permit the
construction ora 75-unit townhouse development. Details are shown on Schedule 2.
The lands are zoned Development Holding (DH) and Hazard Land (HL). A zone change to a site
specific Residential Low Density, Group Multiple Dwelling (R4) zone is requested to regulate the
development.
Site Description and Surrounding Land Uses
Thc land known as 3232 Montrose Road is currently vacant. It is vegetated with low shrubs and
trees. 3272 Montrose Road is occupied by a single detached dwelling. The rear 70 feet of 3272
Montrosc will have to be severed and added to 3232 Montrose in order to allow for the proposed
development to proceed.
Working Together to Serve Our Community
Clerks Finance Human Resources * Information Systems Legal Planning & Development
July 12, 2004 - 2 - PD-2004-60
Lands to the north are occupied by single detached dwellings. North of these houses is a Hydro
corridor. To the east of the site is the Q.E.W. South and west are residential land uses: singles
within the Mount Cannel North and Katarina subdivisions; the Bumfield Lane, Rosemount and
Promenade townhouse developments; and a three-storey condominium apartment, Kaitlin Court.
The headwaters of the W-5-1 (Shriners Creek) watercourse are directly abutting the southeast
quadrant of the site. The site in this area is treed.
Circulation Comments
Information regarding the application was sent to City departments, government agencies and the
public for comment.
· MinistryofTransportation The 14-metreMinistry setback requirement has
not been met. All above and below-ground
structures essential to the development are to
meet this setback.
Further information regarding the noise barrier
wall is required. Ifa berm is to be used, it is
required to be set back 14 metres from the
Q.E.W. right-of-way.
Building/Land Use and Sign permits will be
required.
· Regional Planning & Development The proposal will provide for an efficient use
of the subject lands as promoted in the
Provincial Policy Statement and the Regional
Policy Plan.
The applicant is to submit a detailed noise
study, conducted by a qualified professional
engineer, to Regional Planning & Development
for review and approval which assesses the
impact of highway traffic noise with
recommendations on mitigation.
The applicant is to submit, prior to any on-site
grading, to Regional Planning & Development,
a stormwater management plan including
detailed lot grading and drainage plans and
sediment and erosion control plans.
· Regional Public Works A 1 O-foot road widening along the frontage of
the property is to be dedicated.
Daylight triangles, 5m x 5m, at each side of the
main access and Montrose Road are to be
dedicated.
July 12, 2004 - 3 - PD-2004-60
One-foot reserves are to be established along
the frontage between units 1 to 7 and 8 to 14 to
preclude access in perpetuity to Montrose
Road.
A traffic impact study is required to determine
the necessity of any road improvements.
Post-development stormwater flows are not to
exceed pre-development flows to the road side
ditch.
· Niagara Peninsula Conservation Any works proposed in or around the W-5-1
Authority watemourse may require a work permit from
the Conservation Authority.
A 15-metre vegetated buffer is required to
remain between the proposed development and
the W-5-1.
· Municipal Works The site access is offset fi.om Matthews Drive
and should be either aligned with Matthews
Drive or shifted further to eliminate the offset.
Planning Analysis
1. The proposal complies with the Residential policies of the Official Plan.
The subject property is designated Residential in the Official Plan. Lands designated
Residential are to provide housing in a variety of forms in order that a wide range of dwelling
units are available. The proposed townhouse development is an infill development. The
policies of the Official Plan require infilling to be designed and integrated with the
surrounding lands so that compatibility is achieved. A number of parameters are used to
evaluate a development's level of integration and compatibility.
· Density
The Plan contains a hierarchy of density guidelines for certain types of residential
development. Townhouses and aparh~nents two to three storeys in height can bc
developed to a density of 20.3 units/ac. ($0 units/ha). These types of developments
should be located on collector or major collector roads and generally integrated
within plans of subdivision. The proposed townhousc has a density of 8.9 units/ac.
(22 units/ha). This density is typical of recent townhouse developments in the area
which generally are comphsed of bungalow and two-storey units with attached
garages. Montrose Road is an arterial road which is intended to carry higher traffic
volumes. A road widening is being requested along the entire frontage.
July 12, 2004 - 4 - PD-2004-60
Height Gradation
The proposed townhouses are to be constructed with bungalow and two-storey units.
This is in keeping with building heights in the area.
Building Mass and Arrangement
The 75 units of the development are arranged into 12 blocks containing between
three and eight units per block. No elevations of the townhouses have been provided
but it is assumed the massing will be similar to adjacent developments. In general,
given the arrangement of development into blocks with different numbers of units
and the low (less than 34%) lot coverage, mass should not be significant.
· Setbacks and Separation Distance
The site plan illustrates that the internal blocks, 10, 11, 13 and 14, have less than the
15.0 metres (50 foot) separation distance between walls with windows to habitable
rooms as required by thc Zoning By-law. As thc separation distance provides for
privacy between thc units, the minimum separation should bc maintained. Also, the
setback of Block 2 should be the minimum of 1.2 metres (4 feet) established for
interior side yards instead of the less than 0.6 metres (2 feet) that has been shown.
The site plan illustrates that mar yard depths vary from 8.8 metres to 5.8 metres (29
fcct to 19 feet). Thc minimum required for singles and scmi's is 7.5 metres (25 feet).
It has long been the City's practice to rcqnire a 7.5 metre (25 foot) rear yard for
townhouses as townhousc residents should have thc same amount of amenity space
as those who live in single and semi units.
Open Space and Landscaping
The proposed development has a lot coverage of 33% for buildings. The plan
indicates approximately41% ofthepropertywillbeuscd for landscaping. Giventhe
ground water aquifer in this area, the percentage of landscaping should be specified
in the amending by-law. This is consistent with requirements for landscaping other
development in the area.
2. It is recommended that a Holding provision be applied to the requested zoning.
The lands are currently zoned DH and in part HL. The applicants have requested a site
specific R4 zoning to be applied to the lands with regulations tailored to the design of the
townhouse development as depicted on the site plan. The lands are adjacent to the QEW
and, as such, will be exposed to highway noise. Regional Niagara has commented that a
detailed noise assessment is required to determine the impacts of noise from the Q.E.W.
This study will also have to recommend mitigation measures to control the noise impacts
which may include a noise attenuation wall or berm and fencing, separation distances and
triple glazed windows. Since a noise study has not been prepared at this point, Regional
Niagara and the Ministry of Environment (MOE) require utilization of a Holding (H)
provision to be attached to the R4 zoning. The current R4 zone permits either townhouses
or apartment buildings as permitted uses. The zoning amendment should limit the
development to townhouse units only given the specific zone provisions necessary.
July 12, 2004 - 5 - PD-2004-60
The Ministry of Transportation (MTO) notes that no specific information has been provided
on the "noise barrier wall". Moreover, the MTO requires a wall or berm is to be set back
46 feet from the Q.E.W. right-of-way. This setback should also be included in the site
specific zoning requirements. The amending by-law will have to be drafted in such a maimer
that it addresses density, setbacks, building and landscape coverages only and not a specific
unit count.
3. The site layout will have to be subject to a site plan agreement.
The townhouse blocks will then have to be set back 7.5 metres (25 feet) fi.om the intemal
edge of the berm or wall located in compliance with the MTO requirements. Given these
modifications, 75 units will tmlikely be attainable using the current configuration. The
Region notes that the location of the driveways onto Montrose Road is not suitable. The
precise location of the intersection can be part of the site plan process. A tree preservation
plan should be completed as part of the site plan agreement as well. In this way, the intent
of the approval will be carried through to the final design. All these issues can be addressed
during site plan review and the Holding provision lifted once the site plan agreement is
registered.
CONCLUSION:
Based on the foregoing, staff can recommend approval of the proposal to construct townhousing on
the lands at 3232 and 3272 Montrose Road conditional upon the application of a Holding provision
to a site specific R4 zoning in order to allow for the completion of a noise impact assessment and
redesign of the development that satisfactorily accommodates the recommendations of the noise
assessment.
Prepared : Respectfully su~
'Y6hn amsley ld
Planner 2 ~,/ Chief Administrative Officer
Recommended by:
Doug Darbyson
irector of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB :pb
Attach.
S 5PDRL2004\PD2004~60, AM-I 6-04, 3232&3272 Montrose-Crocco.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200 [
®
Location: 3232 & 3272 Montrose Road
Applicant: Anthony & Pamela Crocco I:NTS
AM- 16/2004
S,~m'^~ST,OS SCHEDULE 2 ¥'_._ ~"~'--~
............ - I frTl
RECEIVE[
Plan
NIAGARA PLANNING AND DEVELOPMENT DEPARTMENT
.~.?,! ~;.. .
.;[~'.'.~'a~l The Regional Mun,oJpaiity of Niagara
Thorold. Ontario L2V 477 ~ scenr~
Telephone: (905) 984-3630
Fax: (90s) 64%S208 ~,~: ~ ~
E-mail: plan~regional.niagara.on.ca ~ ~ L~ ~5 ~.
Fax Transmittal
Agency:
Re: ~ ~. ~ '~.-'~Z. ~ .~ Page: Including ~ver page
[] Un:jent [] For Review [] Please Comment [] Please Reply [] Please Recycle
Message:
JUL1 hCEIVED
PLANNING
& DEVELOPMENT
CONFIDEN~AL
The information contained in this ~a~imi~e me~sage is legally privileged and confidential and is tended only for the
use of the indivldual or en[iW named below. Any other use, diss~mina~on, distdbu~on, disclosure or copy of this
facsimile is ~trictly prohibited. If you have received this facsimile ~n error, please immedia{ely noti~ us by telephone
so that we may arrange the return of the ~riginal ~ansmission. Thank you.
M;\msword~sb~faxtransmittalsheet
MEMORANDUM
DATE: June 24, 2004
TO: Peter Colosimo, MCIP, RPP
Planner
Planning and Development Department
FROM: William J. Stevens, C.E.,.
Development & Approvals Manager
SUBJECT: Zoning By-law Amendment Application (AM-16/2004)"~ ~'~'~'~-~ :' ' \ "'~-~" ~'/
Applicant: Anthony and Pamela Crocco
Proposal: To Permit Construction of a 75-Unit Townhouse Development
Location: Regional Road 98 (3232 & 3272 Montrose Road)~ north of
Shriner's Creek W-$-1 Watershed
In the City of Niagara Falls
Our File: D.18.05.66.642930613 (ID#3254)'
Regional Niagara Public Works Department has reviewed the above-referenced Zoning By-
law Amendment Application. In general, we have no objection to the intended land use,
provided the following comments are able to be addressed:
1) Regional Road Allowance - Widening Request
This proposal abuts Regional Road 98 (Montrose Road), a major a~terial roadway.
Based upon a review of the site, we request that the owner of this development
provide the following gratuitous road allowance widenings:
A ten (10) foot wide strip across the Regional Road frontage of the subject
property, wide enough to create a road allowance with a minimum distance of
43-feet from the centerline.
· Daylighting triangles at the intersection of the main access and Montrose Road,
which should be a minimum of 5 metres x 5 metres.
One-foot reserves across the Regional Road frontage of Units 1 to 7 and 8 to 14,
to preclude access in perpetuity to Montrose Road.
These requests are made through Regional Public Works Department Policy
PW3.PO1.2,"Dedication of Land for Road Widening Through Development
Applications". The intent is to provide the necessary road allowance needed for
future pavement expansion, shoulderin§, ditching, bouJevards~ sidewalks, utility
placement, guy wires, vaults, pedestals, trees, etc., that are needed to service a
growing community.
LA NtNG EETING JUL I 2 200/
Perer Colosimo, MCIP, RPP
Pla, nner
Plannin§ and Development Department
June 24, 2004
Page 2
The requested widening is to be conveyed free and clear of any mortgages, liens or
other encumbrances. As the widening process can take an average 8-weeks to
process, the applicant is encouraged to contact Mr. Randy Clegg of this Department
at (905) 685-4225t extension 3326, at the earliest opportunity to discuss this matter.
2) Traffic Study
A Traffic Impact Study is required to determine the necessity of any potential
improvements to Regional Road 98 (Montrose Road) with regard to additional
turning lanes and possible traffic signals.
3) Regional Permit Requirements
Prior to any construction taking place within a Regional road allowance, a Regional
Construction Encroachment and/or Entrance Permit must be obtained.
Applications must be made through the Permits Section of the Operational Support
Services Division of the Pubfic Works Department.
4) Protection of Survey Evidence
Survey Evidence adjacent to the Regional road allowance is not to be damaged or
removed during the development of the property. Any agreement entered into for
this development should include a clause that requires the owner to obtain a
certificate from an Ontario land Surveyor, stating that all existing and new
evidence is in place at the completion of said development.
$) Regional Bicycle Network
The Regional Niagara Bicycling Network Plan indicates that the subject property
has frontage on a roadway designated as being part of this plan. If the bicycle route
is currently not established and identified with signage, it is the intent of the Region
to make provisions for doing so when an appropriate opportunity arises. This may
involve additional pavement width, elimination of on-street parking, etc., if required
on this street section.
6) Curbside Collection of Waste
Condominium townhouse developments are now able to receive internal curbside
waste collection. However, in order for this se~ice to be provided, the developer
and/or subsequent owner shall comply with The Regional Municipality of Niagara's
"Collection of Waste By Way of Entry on Private Property" Policy (PW2.W07) and
Peter Colosimo, MCIP, RPP
Planner
Planning and Development Department
June 24, 2004
Page 3
enter into an Indemnity Agreement with The Regional Municipality of Niagara.
Within this agreement, we advise that a key element for garbage collection is that
the site roadway system is to be adequate for waste collection vehicles to access the
site and then leave the site without the need to back out of the driveway. Any
development unable to provide the necessary turn around area will be provided
with pick-up from a main street access point only. Copies of the above referenced
policy may be obtained from the Waste Management Service5 Division, Public
Works Department, 2201 St. David's Road, Thorold.
7) Stormwater
The Region has some concerns about additional flows into the roadside ditch,
which may create flooding downstream. Therefore, we would request that post-
development flows should not exceed pre~evelopment flows to the roadside ditch.
B) Trees
No one, other than the Regional tree crew, shall remove a tree from a Regional road
allowance. The Regional tree crew will identify any dead or diseased trees for
removal. It is the Region's intent to preserve any healthy trees within the road
allowance and may require changes to a proposal in order to preserve the tree(s).
Where development proposals require the removal of a tree, the developer is
required to replace the tree with two trees at the developer's cost.
9) Servicing Allocation
Draft approval should not include a commitment of servicing allocation, but should
be assigned at the time of final approval/registration and any pre-servicing would be
at the sole risk/responsibility of the developer.
Any further comments will be provided through the subdivision application.
Yours truly,
William J. ,B~evens, C.E.T.
Development & Approvals Manager
WLS/cm
L:\Engineerlng-Plannln§-and~Pevek~pment\Vetrone~armen\Ni~gara Fa/Is\CORRESPONDENCE 2004\9256,P. Colosirno,doc
c; Bryan Mclnnis, Supervisor o~ Permits
Randy Cie§g, SPJW^, Co-ordinator Properties
NIAGARA SOUTH CONDOMINIUM CORPORATION
# 66
BURNFIELD LANE
c/o Unit #23
3241 Montrose Road
Niagara Falls,
Ontario
L2H 3L3
July 6, 2004
Mr. Doug Darbyson
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls Ontario
L2E 6X5
Re: Zoning By Law Amendment Application - AM-16/2004
3232 Montrose Road and a portion of the land known as 3272 Montrose Road
Dear Mr. Darbyson and Members of Council
The undersigned is President o£the above noted Condominium Corporation which is
located across Montrose Road and slightly to the South of the above noted proposed town
house development. Our complex is a 24 unit town house development comprised of one
storey, bungalow, one bedroom plus den units designed for adult ownership. As this
proposed development is almost directly across Montrose Road bom our complex we
have significant interest in the type of development being proposed.
The "Public Meeting Notice" and attachments we have do not provide sufficient
information which would allow us to take a reasoned, educated position with respect to
the proposed development and we would ask that the following issues be addressed.
1. We would request that, prior to City approval of the project, we be advised as to the
proposed design of the town houses to be built. Are they to be bungalows? Two
storey units? If there is a mix being proposed what is the ratio of one versus two
storey units? How many bedrooms in each unit are being proposed?
2. The above relates directly to the number of people potentially taking up residence in
this development. Over the past four years, three townhouse developments have
been constructed on both the south and north side of Shriner's Creek. These three
developments comprise approximately 58 units of adult oriented town homes. The
number of residents in this area over the past four years has increased by
approximately 100 people and likely 60 to 75 vehicles. Depending on the design of
the proposed 75 unit complex, we could be faced with a growth of 200 plus people
and likely 90 to 100 additional vehicles in the immediate vicinity of Shriner's Creek.
We question the capacity of the existing basic infrastructure to accommodate such a
further growth:
· The section of Montrose Road fi.om Southwood Drive to Kalar Road is
deficient - it is narrow; has a plethora of dips and valleys; has a speed limit of
60 km per hour through the built up area between Thorold Stone Road and
Matthews Drive and 70 km per hour fi.om Matthews Drive to Kalar Road; has
an abundance of track traffic; has vehicular traffic travelling habitually at
excessive speeds through the area. In short, it is our position that before
permits are granted for this development significant upgrading of Montmse
Road through this area must be undertaken. Speed limits should be adjusted
to 50 km per hour at least to beyond the Church on the west side of Montrose
Road if not through to the trailer park on the east side of Montrose Road.
Indeed, we do not see why a 50 km limit would not be appropriate fi.om
Thorold Stone Road to Kalar Road. We fail to see too much difference
between this area and that section of Mountain Road between Mewbum Ave
and St Paul Ave. which has a 50 km speed limit regularly monitored by the
Niagara Regional Police.
· Side walks across Shriner's Creek are non existent. The City has been kind
enough to construct a temporary walkway over Shriner's Creek on the West
side of Montrose Road. The operative word here is "temporary" and the
walkway, even with the most liberal of interpretations could not be considered
a sidewalk - in fact in the winter months it is impassable. Further, sidewalks
onthe east side of Montmse Road to the north of Shriner's Creek are non
existent. Side walks on the west side of Montrose Road extend only to
Matthews Drive and no further north. It is our position that sidewalks must be
installed on both sides of Montrose Road at least as far as the Church property
on the west side of Montrose Road prior to issuing permits for the proposed
development.
· Lighting along Montrose Road must be upgraded to accommodate the
increase in population projected by the proposed development.
· Sewer systems, we believe, have to be upgraded to accommodate the
increased numbers of residents already in place to say nothing of the potential
growth of 200 plus people.
· We note that the plans for the proposed development provide virtually no
green space - we would estimate that 99°A plus of the proposed development
would be either town homes, roadways or parking spots. In our view green
space must be a consideration in the granting of any development permits or
rezoning. In our view there should be considerably more green space
provided within the confines o f the proposed development. In terms ofpublic
parks, aside fi.om Mount Carmel Park, there are no community parks in the
area to accommodate the ever increasing population base.
· The "Public Meeting Notice" makes reference to a zone change to "--- a site
specific Residential Low Density, Group Multiple Dwelling (R4) zone .... ".
What does this mean in terms of density? In terms of numbers of residents?
What are the minimum numbers of units? What may we expect in terms of
variances to these minimum numbers of units? Once a by law is approved
will the density be subject to any further variances?
· We note with interest that the material makes no mention of price ranges for
these units or intended target market groups - i.e. "adult oriented"; children
(if so what about site facilities for play grounds etc?). We believe such
information should be made available to the residents of the surrounding area.
· We, as well as the Rosemont and Promenade town home developments are
classified as "Condominiums" and as such are governed by the Condominium
Act. We would only support a development that is likewise classified and
would oppose a "Free Hold" or other model of town home development.
Again, we believe that the residents of the surrounding community should be
advised of the intentions of the developers in this regard.
You note in the Public Notice that "If you wish to be notified of the adoption of the
proposed amendment you must make a written request to the Director of Planning &
Development." Please accept this as a written request on the part of Niagara South
Condominium Corporation to be so notified.
Representatives of the Niagara South Condominium Corporation will be in attendance at
the July 12, 2004 meeting to learn more about the proposed development and, if
necessary to speak to or answer questions on the forgoing.
We thank Council for the opportunity to express our views and concerns on this very
important matter.
Yours truly,
President,
Niagara South Condominium Corporation #66
Bumfield Lane
Cc: Owners - Bumfield Lane
Mr. Jeff Eidt, Property'Manager
""""'"" Ontario
Transportation Transport~
Phone: (416) 235-4088 Central Region'Operations
Fax: (416) 2354267 Co,der Management Office
7 Floor, Bldg. D
E-mail: Gu stave.Roi as~mto.gov-on.ea t~,
PLanning
1201 Wilson Avenue I ~ s~n~
Downsview, Ontario I File: ?~)J~ I'~/(~
M3M I J8 ~/C L6 ~Lte.~
July 5, 2004
SENT BY FAX
905-356-2354
Doug Darbyson
Director of Plaun.hxg and Development
City of Niagara Falls
4310 Queen street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
RE: File; A1~-16/2004
Pnblle Meetly Notice - Zoning By-law Amendment Application
3232 & 3272 Montrose Road
Proposed Townhouse development
Further to your circulation received June 15, 2004, the Ministry has reviewed the above noted
application and found that Mr. Jol0a Barasley had already requested comments on this application.
We expressed our concerns regarding the setbacks with a communication that Mr. David Brown,
MTO Permits Officer, sent by fax on May 10, 2004.
In general, the applicant should be aware that any proposed development of these lands, h~cluding
any new buildings, will require Ministry review and approval. In addition, no pre-setwicing, gradirLg,
and installation of sigus on the subject land is permitted without the issuance of Ministry permits.
We will require any ~ew struetva:es, above and below ground be setback a minimm distance of 14m
from our highway property line. This inclndes any new build/ngs, internal roads, essential parking,
catch basi~s, tim mutes, stoma water mm~agement ponds and any ether essential structure for thc
developmem. Thc applicant should be made aware rant Ministry permits are required for all
structures above and below ground, located withit~ 45m from our highwaypropertyline, and withi~ a
radius of 395m from thc centre poiut of a Ministry intersection.
.. IECEIVED
JUL - 5
PLANNING
Please note that the Ministry is planning to widen Q1EW in the area. Since the preliminary design of
the highway widening is not completed at this moment, MTO has not determined the exact property
requirements for the highway widening project. However, the above-proposed development is in the
close proximity of QEW, and therefore the Ministry will strictly enforce the setback requirements
and closely review future development of this lend.
There appears to be approximately 11 proposed parking spots that are within our 14 m set back, It
also appears that the applicant is proposing only 13.73 m. setback from MTO property line instead of
the 14m. setback that is required.
The location and type of noise barrier wall is not clear from the plan. Ifa berm is used, it is required
that the toe of the berm be setback 14.0 m from the Right-of-way. If the b~rii-t is located abutting the
ROW, all buildings and structures on the other side of the berm shall be setback 14 metres from the
toe of tb.e berm.
Subsequent requests may require the applicant to submit a site plan, a survey plan, an illumination
report, a site servicing and grading plan, a Iraffic impact study and a storm water management report.
Permits must be obtained from our office located on the 7th Floor, Atrium Tower, 1201 Wilson
Avenue, Toronto, Ontario M3M 1JS. Thc Pen'nit Officer contact for this area is David Browa 416-
235-4081.
Yours truly,
Transportation Technician
Corridor Management Office
c.c. Richard Young - Corridor Management Engineer
* NIA A PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 $chmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7 ~ ~ Pia~nlng ~
Fax: (~05) 641-5208
E-mail: plan@regional.niagara.on.ca
May 19, 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
3232 and 3272 Montrose Road (Regional Road 98)
City of Niagara Falls
Your File: AM-I 6~2004
This application proposes to amend the City's Zoning By-law to permit a 75 unit townhouse
development on approximately 3.42 hectares (8.45 acres) of land.
This site is within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan
and designated Residential in the City's Official Plan. The site is on the edge of a residential
neighbourhood and in close proximity to commercial shopping facilities which makes this a
desirable location for higher residential densities. The proposed medium density residential
development will provide efficient use of these lands and existing services as promoted in the
Regional Policy plan and Provincial Policy Statement.
The site borders the Queen Elizabeth Way located on the east boundary, A detailed noise
study should be prepared by a qualified acoustical engineer in accordance with Ministry of the
Environment guidelines to consider potential impacts and appropriate mitigation measures.
Noise attenuation and/or setback requirements could affect the layout of the development and
the number of units that may fit on the property. In this regard, the applicant should submit a
preliminary noise study to the Regional Planning and Development Department for review and
approval prior to finalizing the Zoning By-law amendment. The Ministry of Transportation may
also have additional development requirements that should be regarded.
Shriner's Creek is located to the south of the property and is identified as an Important Type 2
Fish Habitat by the Ministry of Natural Resources. A stormwater management plan should be
submitted to address how stormwater runoff will be handled with any requirements for water
quantity and quality and sedimentation and erosion controls addressed. Regional Planning
staff may request that the Niagara Peninsula Conservation Authority (NPCA) assist in the
review of this information. The NPCA may have additional requirements that should be
regarded.
Since the property is situated on Regional Road 98, comments from the Regional Public Works
Department should also be obtained with respect to any traffic, entrance or servicing
requirements,
JUL ! 2 200/
RECEIVED
MAY 2 5 200
PLANNtN~
2
Regional Planning staff would not be opposed to the approval of the proposed Zoning By-law
amendment from either a Regional or Provincial planning perspective subject to any
requirements of the Regional Public Works Department and the Niagara Peninsula
Conservation Authority being regarded and the following requirements:
1. That the owner submit a copy of a detailed noise study, conducted by a qualified professional
engineer, to the Regional Planning and Development Department for review and approval
assessing the impact of highway traffic noise on the proposed development with
recommendations for appropriate measures to reduce noise levels and warning clauses
advising of noise conditions within the development in accordance with the Ministry of the
Environment's noise criteria.
2. That prior to any on-site grading, the owner submit two copies of a stormwater management
plan and the following plans to the Regional Planning and Development Department
designed and sealed by a suitably qualified professional engineer in accordance with the
Ministry of the Environment documents entitled "Stormwater Manaqement Practices
Planning and Desiqn Manual", March 2003, and "Stormwater Quality Guidelines for New
Development", May 1991:
a) Detailed lot grading and drainage plans, noting both existing and proposed grades and
the means whereby overland flows will be accommodated across the site;
b) Detailed sediment and erosion control plans.
(Note: The Region may request the Niagara Peninsula Conservation Authority to review
these plans on the Region's behaff and to submit comments on them to the Regional
Planning and Development Department. )
The City may want to apply a Holding provision to the zoning of these lands that could be
removed without any further public meeting once these requirements are satisfied or when a
site plan agreement is approved by the City to consider these and any other necessary
development requirements.
Please send notice of City Council's decision on this application.
Yours truly,
Pe~e~r Col mo~,~M~P, RPP
Senior Planner
C: Councillor W. Smeaton
W. Stevens, Regional Public Works
P. Bond, Niagara Peninsula Conservation Authority
B. Ryter, Ministry of the Environment, Hamilton
M:\MSWORD\PC\NFzbla\3232 MontroseRd Townhouse.doc
NIAGARA PENINSULA
CONSERVAllON
T H 0 R I T Y
May 26, 2004
File M2R. 9.20
Planning and Development
City of Niagara Falls
Planning and Development
4310 Queen Street, 2'~ floor
Niagara Falls, ON L2E 6X5 ·
Dear Mr. Barnsley,
Subject: Zoning By-Law Amendment
3232 & 3272 Montrose Rd
The Conservation Authority has reviewed the above noted application and offers the following comments and
Application is being made to rezone the a~:ea known as 3232 and 3272 Montrose Road in Niagara Falls to permit a
proposed townhouse development.
Our review of the subject property indicates that there is a Tributary of Shriner's Creek (Tributary W-5-1) to the south of the
proposed development. There is also a significant valley system associated with this watercourse~ Any works proposed in
close proximity to the watercourse would be subject to the current Floodplain Management Policies of the Authority. These
policies do not allow for the placement of new sffuctural development within rivedne floodplain areas.
This watercourse has been identified as a Type 2 Important Fish Habitat by the Ministry of Natural Resoumes. This
designation identifies "below potential but still has the presence of sensitive species and/or habitat certain times of the year".
A development setback buffer of 15m measured from the edge of the watercourse is required for all new development. Our
mappiag indicates that there is at least 13.5m from the edge of the watercourse to the southern boundary limit of the
proposed development. Since it also appears that the townhouses will be set back at least 6m from this rear lot line, the
15m required buffer will not be a problem for this development.
it should also be noted that the Conservation Authority has entered into an agreement with the Federal Department of
Fisheries and Oceans to undertake proposal screening for that agency. Accordingly, projects involving work in or near
water courses which may have the potential to cause a harmful alteration, disruption, or destruction to fish habitat (HADD)
are referred to DFO for their review and approval pdor to approvals being issued by the Conservation Authority, The
Conservation Authority also acts as contact agency in this regard.
In Conclusion, the Conservation Authority has no objections to the above noted application provided that a 15m vegetated
buffer remains, between the development and the watercourse. It should also be noted that any work proposed in or around
the watercourses may require a work permit from the Conservation Authority in accordance with the Fill, Construction and
Alteration to Waterways Regulations.
I bust the above will be of assistance to you. Please send notice of your Council's decision on this matter.
Yours truly,
Sarah Mastroianni PLAnNiNG-- MEEllN6tit
Watershed Planner (ext. 24g)
SJM
.~ NIAGARA PENINSULA
CONSERVATION
~A U T H 0 R I T Y
250 Th~oId Road We~, 3rd fl~r T~ ~o5) 7~'3~35
We~nd, Ontado L3C 3Win F~5)
~-mail: n~aOconse~Jon-nia~ra.on.ca
FACSIMILE
To :~.~ Lr~r ~,,~ ~'~O~- ('~L~I ~~ From:
t
RECEIVED
IqAY 2 § 200~
PLANNING
& DEVELOPMENT
Corporate Services Department PD-2004-61
. ii,. Planning & Development Doug Darbyson
The City of jrj' l 4310 Queen Street Director
Niagara Falls~i~j~r P.O. Box 1023
J Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-61, Proposals to Expand Buildings Located
on the Sodom Road and Oliver Street Road Allowances
RECOMMENDATION:
It is recommended that:
1) Council not support the requests from Peggy Erwin and Ralph Terrio to construct additions
to their respective buildings on the Sodom Road and Oliver Street road allowances; and
2) Staff be authorized to prepare terms of reference for a Waterfzont Master Plan for the
Welland River waterfront.
BACKGROUND:
Peggy Erwin and Ralph Terrio have made requests to construct additions to the buildings they own
which are located within the Sodom Road and Oliver Street road allowances, respectively, where the
road allowances "dead-end" on the south shore of the Welland River. Schedules 1 and 2 illustrate
the subject lands. These portions of the road allowances are owned by the City but are leased to Ms.
Er~vin and Mr. Terrio under a 40-year lease that was approved by Council last year. Ms. Erwin
proposes to construct two additions to her existing 552 sq. fi. cottage, one 60 sq. fl. and the other 612
sq. ft., which would result in the cottage being 1,224 sq. ft. after construction. The intention is to
create a permanent residence for her. Mr. Ten-lo proposes to build a 532 sq. ft. living area addition
to his 377 sq. ft. boathouse. The proposals are shown as Schedules 3 and 4.
The subject lands are designated Environmental Protection Area in the Official Plan and Hazard
Land (HL) in the Zoning By-law. Regardless of the lease agreement, the Zoning By-law does not
permit the conversion, extension or enlargement of an existing building or structure on lands zoned
HL. When a proposal is not permitted by the Zoning By-taw, it cannot be considered through a
minor variance. Ms. Erwin and Mr. Terrio would have to make application for a Zoning By-law
amendment in order to seek approval for their proposals. However, as the City is the owner of the
subject lands, Council will have to authorize the Clerk to authorize these applications on its behalf.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
July 12, 2004 - 2 - PD-2004-61
Additionally, Council must consider that under the Environmental Protection Area (EPA)
designation, development is not normally permitted. The Official Plan states that environmentally
sensitive areas are to be preserved and protected. Moreover, the Plan encourages the acquisition of
lands by public and private agencies along the Welland River. Given this, the proposals of Ms.
Erwin and Mr. Terdo are not in keeping with the Official Plan. Accordingly, authorization of these
requests is questionable as, by doing so, it necessitates an amendment to the Official Plan with the
requisite planning and environmental studies.
The Welland River waterfront is an important public resource. The Ontario Power Generation
(OPG) has again expressed interest in having the City assume responsibility for the lands. Proper
stewardship and controlled development will allow for its enjoyment by the public in general and
for its environmental protection. Because of both the OPG and public interest in this waterfront, it
is recommended that Planning staff be authorized to prepare terms of reference for a Waterfront
Master Plan. This study should address public interest, private lease holdings and recreational
opportunities within the context of an environmentally sensitive area.
CONCLUSION:
Staff cannot recommend support of these proposals as they are contrary to the City's Official Plan.
Council must consider the appropriateness of the requests to expand these buildings and structures
within the context of the Official Plan policies for EPA's and the long-term public interest in the
Welland River waterfront. If Council elects to allow the applications to be made, then it is
recommended that the Clerk authorize them on behalf of Council, also that Official Plan and Zoning
By-law amendment applications be made.
The preparation of a Watershed Master Plan has been generally discussed by previous Councils. It
is recommended that Staff be authorized to proceed with the preparation of terms of reference for
a Waterfront Master Plan for the Welland River waterfront in keeping with the direction provided
by the City~/~Official Plan.
I/
Respectfully submitted:
~ ~n~l~" ')> //John MacDonald
Plar~ier 2 ~// Chief Administrative Officer
Recommended by:
D son
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB :tc
Attach.
S:~PDR~20045PD2004-61, Expand Bldgs. Sodom and Oliver ~vpd
(Lands dr Ontario Hydra)
deck P.[L N. I 64255-001'7
INNUMS£R£D LOTS NO/?THW£$F OF
FS$10N 5, '
- %.
;HBY r- , ~
dro .....'
PART 1 ~[~T ~ ~ ~sr. ~ .
~ ~ PART 2 /'~ P~N 59R-~
~ PART 5
-- 251
P~ 251
S~8(~U~) 425.28' (59R-3910 · M~. 425.65' (M.S.)
.47' (~s · ~.) 3'41'15"E (REFEEENCE B~RING)
~*' ~ ,~// LOT
~ ~ ADJACENT TO LOT 191 p.[N. 64~55-0~24
,~//
SIB(MS)
~ ~ ~ ~T 7 '
~T ,~
~J~' ' (Registered Plan 7)
P~N ~%~J 256I
Attachment 4, Site plan indicating tloo~ plain contour
m ~ P.[~. 64~55-~20
84~55- O0[~LT)
~1 ~ ~ ~OST SOUmERL Y
50,0' (~ & ~t) 736.4~'~
P.I.~.
(P~
{~ BY-~W No. 70-t11, INS[ NO. 1257
(FORMERLY WATER STREW)
786.52'
50.0' (~ · ~.) ~
? LOT 48
~uniclpal Su~ey No. 830) ..
(P/on 251, Confirmed b~ .
4145 Main Street
existing
building
24 ~ . proposed
addition
34'
10'
6' 12' 18'
LIVING AREA
4351 Southerland Court
Niagara Falls, Ontario
L2G 7W4
May 26, 2004
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: William Clark, Senior Zoning Administrator
Dear Mr. Clark:
Re: Proposed Construction - City Owned Lands
John & Peggy Erwin
Part of Sodom Road road allowance
INTRODUCTION
Background
Earlier this year, I spoke to you regarding the possibility of putting a small addition on
our family cottage along the Welland River. In April you sent me a written response, that
included several concerns and recommendations. Thank you for the opportunity to make
my proposal to you and the appropriate personnel at City Hall. I am looking forward to
working together with you, to arrive at a plan that will be beneficial to everyone.
My parents leased the Sodom Road street end from the Village of Chippawa and
subsequently the City of Niagara Falls, since 1950. They made improvements to the land,
in accordance with acceptable practices of the time, and built a 550 square foot cottage.
In 1999, both of my parents passed away, and I began the process of having the lease
reassigned to my husband and me. In 2002, after numerous meetings with your legal
department, council approved an amended lease agreement for a term of forty years and a
sum of twenty-five thousand dollars.
Proposal
In 1997, my husband and I moved to Southerland Court, which is one block away from
the Sodom Road street end. Since my parents passing, we have endeavoured to maintain
and improve the building and lands. We have reached a point where we must decide on
some costly repairs and address some security issues. We would like to live in the he
building year round and wish to build an addition that would enable us to do so. Our plan
is to keep the existing structure intact, with an 18-foot-wide addition, as illustrated in
Attachment 1, proposed building layout.
PARTICULARS -2-
Existing Building and Property
The existing building was built in the early 1950's as a summer cottage. Around 1980 my
parents made upgrades to the building and amenities. Presently, the cottage is 550 square
feet in size, fully insulated with energy efficient windows, electric heat, a new roof, cedar
siding, and a contemporary cottage interior. The foundation is concrete block piers to
grade level and the cottage has City services for sewer and water. The building was
appraised in 2000, and was described as "well maintained and in good condition".
Proposed Addition
The addition we are proposing will be approximately 670 square feet and will be
primarily located on'the north-east side of the existing structure. There will be no
demolition to the structure and we do not intend to add a basement. Attached are two
suggested outside building elevations (Attachment 2), which we believe will fit nicely
with the historic character of the neighbourhood. We have contacted a building design
consultant and architect, who will work with us to design an attractive, unpretentious
addition that will enhance the natural setting.
ADDRESSING YOUR CONCERNS
Legal Department
We are willing to meet your conditions to provide Builders Risk Insurance and will
acknowledge the demolition of all buildings or structures at our expense, at the
termination of lease. We are willing to discuss other amendments to the lease that you
feel may be helpful.
Zoning
Since this is an extension to the existing dwelling, we are prepared to make application to
the Committee of Adjustment for a minor variance. We have decided to rescind our
original proposal for a detached garage, and it will therefore not be necessary to pursue a
Zoning By-Law Amendment.
Other Agencies
We have spoken to and recently written the Niagara Peninsula Conservation Authority,
the Regional Municipality of Niagara and the Ministry of Natural Resources to ensure
our plans to do contravene their legislation_ At the recommendation of the lqPCA, we
acquired an amended land survey to indicate the flood plain contour. Accordingly, we
have received verbal approval for our plans and are awaiting a written response to present
to your office. Attached is a copy of the letter and site plan sent to these agencies
(Attachment 3 and 4), indicating the revised survey showing the flood plain contour at
171.64m GSC, which is outside our building area.
Future Parkland -3-
We can fully understand the City's interest in this property as future parkland, and as
stated are prepared to restore the property to its original condition at the end of our lease.
Should you, at that time, be interested in utilizing our building for your own park needs
we would consider that to be a favourable possibility. Perhaps by then you will have also
negotiated with Ontario Power Generation to obtain the adjacent lands to further your
plans.
BENEFITS
To the City
You will realize several benefits fi.om this proposal. We are responsible tenants who care
about keeping your street end well maintained and the building therein in good repair. By
allowing this addition, you will be assured that this favourable relationship will continue.
As full time residents, we would be even more steadfast in keeping building and lands in
top notch condition over the course of the lease.
The land use associated with our proposal would be more in keeping with the year-round
single family dwellings in the neighbourhood. Of course, the City will be entitled to the
increased tax dollars for the improved building. And, at the end of the lease I am
confident that the property will be even more attractive that it's "original condition".
To our Family
We will have the ability to concentrate our efforts on one property and improve on the
security concerns that are inherent with a seasonal cottage. We will also be able to keep a
family vestige we have cherished for many years.
CONCLUSION AND RECOMI~IENDATIONS
As lifelong members of the community and having an attachment to the property in
question for over fifty years, we would appreciate your sincere consideration to this
proposal. We ask for your support and ask that you kindly circulate this request and
particulars to the appropriate City personnel.
I look forward to our meeting scheduled for Friday, May 28th and will be happy to attend
any meetings you may wish to have to discuss your concerns. If I can provide
information or assistance in making recommendations to staff, I will be pleased to do so.
Yours truly,
Peggy Erwin
Attachments (4)
4145 Main Street
existing
building
Bproposed
24' addition
34'
10'
6' 12' 18'
Attachment l.. Proposed building layout
Attachment 2. Suggested outside building elevations
4351 Southerland Court
Niagara Falls, Ontario
L2G 7W4
May 20, 2004
Niagara Peninsula Conservation Authority
250 Thorold Road West 3~a Floor
Welland, Ontario
L3C 3W2
Attention: Sarah Mastroianni
Re: 4145 Main Street (Welland River, Chippawa)
Thank you for your assistance and information regarding our proposed building addition
along the Welland River in Chippawa.
As we discussed, I have attached a site plan indicating the existing building and the
proposed additior[ The addition will be approximately 672 square feet and will primarily
be located on the north-east side of the existing structure. The property has City services
for sewer and water, so docs not require a septic system. The present foundation is
concrete block piers to grade level. We do not intend to add a basement for the addition,
so there will be no placing or dumping of fill. You will note that this is our most recent
land survey, which indicates the flood plain contours at 171.64 GSC for the area. Our
building will be located entirely outside the floodplain.
The City of Niagara Falls requires a written statement from your office confirming that
our plans are not in contravention with any legislation under your jurisdiction. Would you
kindly provide me with a letter that I may present to them?
They have also asked that I contact the Region and the Ministry of Natural Resources for
their written approval as well. Our intent is to protect the surrounding environment during
the course of construction. Thanks for your help.
Yours truly,
Peggy Erwin
Attachment 3. Copy of letter to Niagara Peninsula Conservation Authority
(also sent to Region and MNR)
wall I
~,Lands !f Ontario Hydro)
~'~¢k P.Llq. I 64255-0017
LO~S NORTHWEST OF
;ESSION 3, * "- ~
'GHBY "'."': '"": "" o o
,'-' ..':. Z.-'. .: -~ ~
/dro) .... 'L: ' ~, --~
INST. . 22810__
¥-~.,.~ ~ PART 2 pLAN
~' PART 5
x PLAN 251
MOST' EASTERLY CORNE~
3.47' (MS ~ M~S.) '41'15"E (REFERENCE BEARING)425'28'(59R-~9~° &
¥'~' ' UNNUMBERED LOT
"~ :-, o~,// tO.O' ADJACENT TO LOT 191 P.I.N. 64255-0224-
.3/
f
_OT %:~,.8! LOT 7
PLAN %%] 256 (Registered Plan 7)
, ~ Attachment 4. Site plan indicating flood plai~ contour
Municipal Heritage Committee PD-2004-63
~__ 4310 Queen Street Margaret Mingle
lhe
City
Of
P.O, Box 1023 Chair
Niagara FallslJ~,~jI, Niagara Fa,,s, ON L2E 6X5
Can~w, web site: www.city.niagarafalls.on.ca
~ i ~ Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-63, Designated Property Grant
Old St. John's Church
RECOMMENDATION:
It is recommended that Council approve in principle a Designated Property Grant for the exterior
painting of Old St. John's columbarium as outlined in this report.
BACKGROUND:
Old St. John's Heritage Association is requesting a grant to assist with the exterior painting of Old
St. John's Church (now Stamford Green Heritage Columbarium). Exterior painting to documented
colours is an eligible item subject to certain criteria. The estimated cost of the work is $6,970. A
grant of 2/3 of the eligible costs up to a maximum of $3,000 could be awarded.
Members of the Municipal Heritage Committee met on-site with representatives of Old St. John's
on July 8, 2004. Old St. John's Church was subject to an extensive restoration plan prepared by
Baird/Sampson Associates in October 1985. The restoration architects specified the replacement of
the pebble dash (stucco) finish of the church and final painting of the exterior. The members of Old
St. John's Heritage Association wish to restore the exterior paint finish which has deteriorated over
the last 20 years. The Designated Property Grant program provides for "a one-time only" restoration
of the exterior paint finish. The finish is to be to the original specifications. The Municipal Heritage
Committee adopted the following motion:
"That all restoration of the painting of the exterior walls, woodwork and trim be
carried out and completed in a manner consistent with the specifications by
Baird/Sampson Associates. The paint is to match the "off-white" colour specified
and be applied to a clean, stable surface."
Wor~ino Tooet~r to Serve Ortr Conm~nit~
July 12, 2004 - 2 - PD-2004-63
CONCLUSION:
The Committee is satisfied the work proposed meets the requirements of the municipal program and
is recommending Council's approval of the grant to the maximum amount of $3,000, payable upon
presentation of the final paid invoices.
Respectfully submitted,
~sMvlargaret Mingle, Chair
unicipal Heritage Committee
AH:tc
S:XPDR~2004h°D2004-63, Designated Prop Grant - Old St. Johns.wpd
Office of the Administrator ~
Inter-Department Memorandum ~_
TO: His Worship Mayor Ted Salci DATE: July 12, 2004
and Members of the Municipal Council
City of Niagara Falls, Ontario
FROM: John MacDonald
Chief Administrative Officer
Ext. 5100
RE: Provincial Gas Tax Funding for Public Transit
Further to Council' s request at its May 31,2004 meeting, the attached report is provided as an update
to the Provincial Government's proposal to refund a portion of the gas tax which was prepared by
Paradigm Transportation Solutions Limited, dated June 1, 2004.
Staffwill continue to monitor the situation. It is anticipated that by September/October 2004, details
of the proposal should be available, and Council will be kept informed at that time.
JM:kk
Attachment
JUL 1 2 ?.OOG
Nlemorandum I
JUN 2004
OFFICE OF
Date: June 1, 2004
TO: I~a'~ NEVILLE, REGIONAL NIAGARA
FROM: BILL O'BRIEN, PTSL
RE: PROVINCIAL GAS TAX FUNDING FOR PUBLIC TRANSIT
This memo is in response to your questions regarding the potential implications of the
recently announced Provincial Gas Tax for public transit.
In regards to the gas tax, the Provincial Government has announced their intention to
transfer 2 cents per litre of the existing provincial tax on gasoline to municipalities for
improved public transit services. (Note that this tax is expected to apply to gasoline only,
whereas in earlier estimates for the Region we had assumed the tax would apply to both
gasoline and diesel fuel.)
The announced plan is to commence this transfer with 1 cent per litre in October 2004,
increasing to 1.5 cents per litre in October 2005 and a third increase to 2 cents per litre in
October 2006. The distribution formula has not been ftnalized and I understand that
consultation is ongoing with the Association for Ontario Municipalities (AMC), the Ontario
Community Transportation Association (OCTA) and the Canadian Urban Transit
Association (CUTA). It appears that the most likely approach is to distribute the funds to
municipalities with public transit service on the basis of a blended formula involving both
population and ridership, probably weighted towards ridership. I also understand that the
funding will only be available to municipalities that provide public transit service and that it
will apply to both conventional and specialized transit services.
Statistics Canada reported Ontario gasoline sales in 2001 as 14,342 million litres (excluding
diesel fuel). I understand that more recent estimates are that the 2 cent per litre tax will
generate about $300 million to be transferred to municipalities. The folloxving table provides
some estimates of the range of funding (with the full 2 cents per litre) that could be
transferred to the five municipalities (St. Catharines & Thorold, Niagara Falls, Welland, Fort
Erie) that currently provide public transit services. This table indicates the range in funding
that may be realized, depending on the weight given to ridership and population. For
discussion purposes, it is likely that the additional funding to the existing five municipal
transit services in Niagara Region ~vill be in the order of $3.3 million annually when the 2
cents per litre is fully phased in (in year 2007).
2109 Ker,s Road, Bur/i,g/on, Onlario L7P 1.P7 Ph: (905) 381-2229 F:ax: 1-866.722-5117
June l, 2004
l)ro/,,in~al Gas Tax I;unding./br Pub~lc Transit
I I 2001 Population 2002 ridership
St Catharines 129,170 3,131,985
IThorold 18,048 incl in St Catherines
Niagara Falls 78,815 1,053,033
Welland 48,402 345,987
Fort Erie 28,143 20,000
Total 5 Cities 302,578 4,551,005
The proposed inter-municipal transit services planned for Niagara Region should be eligible
for the gas tax funding. However, it is not dear how the Province will treat cases of two tiers
being involved with transit. This situation also exists in Peel Region and possibly elsewhere
in Ontario.
For preliminary discussion purposes, I have provided some estimates below based on
funding being allocated for the population outside the 5 dries that currently have municipal
transit. The year 2001 population (Statistics Canada) for the portion of the Region outside
the 5 dries with municipal transit is approximately 108,000 persons. The estimated annual
ridership for the inter-municipal specialized transit service is 15,000 trips and for the inter-
municipal conventional transit service is 250,000 trips.
The following table provides an indication of the potential gas tax funding that would be
available for the specialized service only under different distribution assumptions. Ifa
blended formula of population and ridership is utilized the available funding on reaching the
full 2 cents per htre could be over $0.5 million.
I 2001 Population I/M Ridership {est)
Specialized I/M service 107,996 15,000
Specialized service share based on population $2,839,498
Specialized service share based on ridership $7,029
Spec. Service sham based on 80% ridership &
20% population $573,523
If the Region proceeded with both the conventional and specialized inter-municipal transit
services then there would be additional funding related to the higher anticipated ridership
levels. The following table provided estimates of the gas tax funding for this case.
I 2001 Population I/M Ridership (est)
Spec &Conv I/M Service 107,996 265,000
Total I/M service sham based on population $2,839,498
Total I/M service share based on ridership $124,178
Total I/M service share based on 80% ridership &
20% population $667,242
.June 1, 2004
ProtJmia/ Gas Ta.¥ [:undit~./br P~bh? Tramit
With both the specialized and conventional inter-murficipal services, the funding available
could be in the order of $0.6 to $0.7 million.
While the regulations related to the provision of this new funding are not yet clear, the
governments announced intention is that this additional money should be used for improved
public transit services and it can be expected that there w~ll be measures to prevent the
municipalities utilizing the funding assistance to reduce property taxes contributed to public
transit. Therefore, it is likely that municipalities will be required to provide plans indicating
how the new funding will be utilized. The inter-municipal transit service plan for Niagara
Region certainly should be considered as an alternative to improve transit services and
increase general mobility across much of the Region.
Also, while a funding allocation based on population will be most favourable to the transit
systems in Niagara Region and also better represents the contribution from motorists in the
Region, the stated intentions to date are that there will be a strong preference to a tidership
bias to assist the large city transit systems. However, even with the blended distribution
example used above, the amount of the funding assistance that should be available to the
Region will contribute significantly to funding the recommended inter-municipal transit
service plan.
I hope this information is useful and do not hesitate to call if I can further assist you.
PARADIGM TRANSPORTATION SOLUTIONS LIMITED
W. B. O'Brien, M.A.Sc., P.Eng.
F'ice-Presider~t
WBO/iilm
MEMORANDUM
DATE: June 14, 2004
TO: Peter Partington, Regional Chairman
And Members of Council
FROM: lan Neville, MPA, P. Eng.
Commissioner of Public Works
SUBJECT: Potential Implications of Announced Gas Tax Funding by the
Province on Proposed Inter-Municipal Transit in Niagara
Please find attached a report entitled "Potential Implications of Announced Gas Tax
Funding by the Province on Proposed Inter-municipal Transit in Niagara", which was
approved by the Transportation Strategy Steering Committee at its meeting of June 8,
2004.
The report is being provided to Regional Council for reference since staff are currently
making presentations to local municipal Councils on the Inter-Municipal Specialized
Transit strategy and will be providing this additional information to the municipalities.
It should be noted that the preliminary estimates contained within this report are based
on the most current information available from the Province. The distribution formula
for the funds is still subject to ongoing consultations with the Association of Ontario
Municipalities, the Ontario Community Transportation Association, and the Canadian
Urban Transit Association.
If Members of Council have any questions on this subject, please contact Joe Cousins,
Director - Transportation Services Division at extension 3620.
lan Neville, MPA, P. Eng.
Commissioner of Public Works
~. WoNiagara
rks
THE REGIONAL MUNICIPALITY OF NIAGARA
REPORT TO: Chair and Members of the
Transportation Strategy Steering Committee
SUBJECT: Potential Implications of Announced Gas Tax Funding by the
Province on Proposed Inter-municipal Transit in Niagara
RECOMMENDATION(S)
That this report be received for information.
BACKGROUND
The recent Ontario budget included a commitment to dedicate two cents of the existing
Provincial gas tax to municipalities for public transit, beginning with one cent in October
2004. This funding will increase to 1.5 cents in October 2005 and two cents in October
2006. The two cents per litre will generate approximately $300 million for the use of
transit in municipalities across Ontario. A formula for distributing those funds is subject
to ongoing consultations with the Association of Ontario Municipalities (AMO), the
Ontario Community Transportation Association (OCTA) and the Canadian Urban Transit
Association (CUTA).
REPORT
Implications to Niagara
Paradigm Transportation Solutions Limited, who conducted the study on Inter-municipal
transit for Niagara, have prepared the attached analyses of the potential impacts of the
gasoline tax transfer the provision of transit in Niagara and particularly on the proposed
inter-municipal specialized transit. The following highlights the implications on
Niagara's proposed Inter-municipal Specialized Transit.
· The gas tax monies will be allocated only to municipalities providing transit
services.
· The allocation will be based on a formula that considers both population and
transit ridership (indications are that ridership will account for 80% and population
20%).
Page 2
· Based on the above formula St. Catharines, Thorold, Niagara Falls, Welland and
Fort Erie could receive approximately $3.3 million/year in new funding to
enhance their existing transit operations.
· If the Region's plans for inter-municipal specialized transit were to proceed there
may be an additional $573,000 of gas tax money available to fund that system.
(This is 25% greater that the high end cost estimate of $450,000 for the proposed
Niagara inter-municipal transit operation).
· With the announced phase-in of the gas tax there could be as much as $286,000
available this October 2004 (greater than the $275,000 budgeted by the Region
for inter-municipal specialized transit in 2004); $430,000 available in October
2005 (enough to cover all expected costs of the proposed system in 2005); and
$573,000 in October 2006 (enough to allow for some growth in services
provided).
These are primarily estimates based on limited information from the Province
on its Provincial Gas Tax Rebate proposal. However, it does provide some
perspective on the potential range of financial benefits that could offset the
specialized transit costs previously provided to Regional and Local Councils. It
significantly improves the business case.
SUMMARY
1. If the local municipalities decide to proceed with the proposed inter-municipal
specialized transit service there should be sufficient monies from the
Provincial gas tax allocation to fund the system with no impact on the
amount of gas tax monies that should flow to existing local municipal
transit systems in Niagara, while significantly reducing the net operating cost
of the specialized transit services.
2. If the local municipalities decide not to proceed with the proposed inter-
municipal specialized transit service, there will be an approximate loss of
$573,000 in potential provincial funding to Niagara for a service that has
been well defined as to need by an extensive public engagement process
over the past 30 months.
Page 3
Submitted by: Approved by:
lan Neville, MPA, P. Eng. Mike Trojan
Commissioner of Public Works Chief Administrative Officer
(Appendix I)
This report was prepared by John Barr, P. Eng., Consultant and reviewed by Eric L.
Flora, P. Eng., C.E.T., Transportation Engineer.
e~l~/z~oq ~b:O0 ~b3b/b4ZU CHERYL PELLOW PAGE 82
B ' ES,;N, PARK
~NEI AGARA trALLS CANADa
Notice of Intent
City of Niagara Falls
4310 Queen Slreet, Box 1023
Niagara Falls, ON, L2E 6X5
June 18, 2004
To Whom It May Concern:
This letter is to inform the city of Niagara Fails that the Stamford Centre Volunteer Fireman's Association intends to
hold a series of evening con~erts in our park commencing on Thursday July 22 and subsequent Thursdays until
September 2, 2004 (7 in total), The event is scheduled to run from 7:30 pm until 9:30 pm. It is my understanding that a
recent by-law change limits excessive noise after 9:00pm. We are requesting a waiver until 9:30pm. Unfortunately we
were unaware of the change and have incurred quite an expense in getting print advertising done that states 9:30. Since
our a~phitheatre is a considerable distance from the nearest dwellings we done feel it would be too much of an
imposition.
Various people involved in this endeavor have had informal disclls$ions with yourself and others at city hall. It is our
~mderstanding that since Fireman's Park is private property and fully owned by the SCVFA that we will not r~tlirg a
permit from the city to hold this event. Regardless, I am submittillg a SOP application anyway, in order to trigger a fire,
health and building inspection and whatever else you deem necessary. We also intend to obtain a Special Occasion
liquor permit. These inspe~ions wilt be required for that permit and I will be contacting those agencies directly, as
directed by the permit application.
If you have any questions please don't hesitate to call.
The 5CV~A has alwuys been 100% volnnteer ba~l for all fundr,~isiog. This will be true f~r our n~ project
the Blues in the Par~ In addl~a ~1 p~e~d~ will be going b~ck into the eommuni~.
SCVFA P~idant
419~ Elb~ ~v
Ni~ F~ls, ON
L2E 6G4
716.731.8219 (day)
~5.357.6429 (eve.inS) JUL 1 2
spellow~ bluesi~ep~k.com
City of Niagara Falls Board of Museums
5810 Ferry Street - Niagara Falls - Ontario - L2G 1S9
Tel: (905)358-5082 Fax: (905)358-0920
His Worship Mayor Ted Salci and Members of City Council
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
July 6, 2004.
Dear Mayor Salci and Members of City Council,
This letter comes to you today regarding Mr. Ken Warren, formerly a member of the City of
Niagara Falls Board of Museums. At the meeting of 15 June, 2004, the City of Niagara Falls
Board of Museums passed a unanimous motion to request that City Council consider
re-appointing Ken Warren as a member of the Museums Board. Mr. Warren has been a member
of the Museums Board for over 20 years and has been an active and valuable member in good
standing. Mr. Warren brings a wealth of knowledge and experience to the Museums Board and
his absence from the Museums Board would be sorely felt.
The City of Niagara Falls Board of Museums, therefore, request that City Council consider its
member's request to have Ken Warren re-appointed to the Board of Museums, in addition to the
members elected at City Council recently.
Thank you very much for your time, and we look forward to hearing from you very soon.
Sincerely,
Gordon West
Chairman, City of Niagara Falls Board of Museums
cc. Adele Kon, Parks, Recreation and Culture
Corporate Services Department CD-2004-16
The City of ~[~4 Clerk's Division Dean Iorfida
· 4310 Queen Street City Clerk
N~ogoro Foils ~'~L.~ 4
A , - ~'i~.O. Box 1023
~ClnCl~~Niagara Falls, ON L2E 6X5
~1~~¢ r web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: diorfida@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2004-15
Special Occasion Permit
Niagara Falls Men's Fastball League
RECOMMENDATION:
That Council indicate it has no objection to the issuance of a Special Occasion Permit to thc
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 the Building & By-law Services, Parks Recreation & Culture,
and Fire Services, and Council concurrence with the recommendation is requested.
ORGANIZATION/EVENT DATE LOCATION
Niagara Falls Mens's Fastball League August 6 to 8, 2004 Ker Park
September 10 to 12, 2004 Ker Park
Reco.mmended bY: ~Respectfully sub[nitted: !
cDona
City Clerk {~/ Chief Administrative Officer
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks · Finance Human Resoumes Information Systems Legal · Planning & Development
Corporate Services Department F-2004-44
,a~, , Finance Division Kenneth E. Burden
lhe
City
Of
4310 Queen Street Director
Niagara FallslJ~,~.' P.O. Box 1023
Can~~" Niagara Falls, ON L2E 6X5
~r I~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-maih kburden@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-44 - Annual Investments Report for 2003
RECOMMENDATION:
For the information of City Council.
BACKGROUND:
Annually, Staff provides financial information for the previous year's performance concerning the
investment of the City's Reserve Funds and Trust Funds. Scotia Cassels is engaged by the City to
manage the two investment accounts respective to the two funds.
Reserve Funds
On January 1, 2003, the opening balance in this investment account was $14,977,976. In accordance
with the City's investment policy, the funds were invested in Government treasurybills, Government
and Canadian Corporate issues of bonds, bankers' acceptance, term deposits and similar investments.
During 2003, the investment income was $666,377. Management fees of $48,741 were paid to
Scotia Cassels for their services. As at December 31, 2003, the closing balance in this investment
account was $15,595,612.
Trust Funds
On January 1, 2003, the opening balance in this investment account was $1,830,358. In accordance
with the City's investment policy, the funds were invested in Government treasury bills, Government
and Canadian Corporate issues of bonds, bankers' acceptance, term deposits and similar investments.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
July 12, 2004 -2 - F-2004-44
During 2003, the investment income was $123,914. Management fees of $6,008 were paid to Scotia
Cassels for their services. As at December 31, 2003, the closing balance in this investment account
was $1,948,264.
More information, such as the investment portfolio report or the City's investment policy, is
available for inspection in the Finance Division Office.
Recommended by: Respectfully submitted:
DKirEe ~ tBo rU;dfeFninanc e nistrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Corporate Services Department F-2004-40
· ~,~ Finance Division Kenneth E. Burden
The City ct jr~l~ 4310 Queen Street Director
Niagara FoIIsJJ~i~' P.O. Box 1023
Canada ~' Niagara Fails, ON L2E 6X5
~ llal~ web site: www.city.nisgarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 355-2016
E-mail: kburden@c[ty.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-45 - Municipal Accounts
RECOMMENDATION:
That the City Council approve the municipal accounts totalling $20,222,667.34 for the period ending
July 12, 2004.
BACKGROUND:
The municipal accounts have been reviewed by the Director of Finance and the by-law authorizing
payment is listed on tonight's Council agenda.
Recommended by: Respectfully submitted:
K. E. Burden /,'//ohn MacDonald
Director of Finance L," Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning & Development
CZTY OF NTAGARA FALLS I~L'~YOI /~1 APS200 Page: 1
MUNTCTPAL ACCOUNTS N aro'
Supplier Name Cheque No Cheque Date Purpose Amount
1019536 ONTARIO INC 285220 29~3un-2004 REFUND 5,663.47
1083246 ONTARIO LIMITED 285221 29-Jun-2004 REFUND 877.80
1083278 ONTARIO LIMITED 285222 29-Jun-2004 REFUND 632.28
1174757 ONTARIO INC 285223 29~Jun-2004 REFUND 3,948.81
1184485 ONTARIO INC 285224 29-Jura2004 REFUND 3,796.11
1238838 ONTARIO LIMITED 285225 29-Jura2004 REFUND 3,198.37
1276302 ONTARIO INC 285226 29-Jun-2004 REFUND 24,882.77
1492357 ONTARIO LIMITED 285227 29-Jun-2004 REFUND 2,580.02
151702 CANADA INC 285228 29-Jun-2004 REFUND 290.87
1568329 ONTARIO 1NC 285229 29-Jun-2004 REFUND 8,047.09
2017913 ONTARIO UNITED 285230 29-Jun-2004 REFUND 182.76
407 ETR EXPRESS TOLL ROUTE 284880 22-Jun-2004 REM[1-FANCE 16.58
407 ET'R EXPRESS TOLL ROUTE 285070 29-3un-2004 REMI-ITANCE 62.44
488745 ONTARIO LIMITED 285231 29-Jun-2004 REFUND 371.71
504802 ONTARIO 1NC O/A JCl CONTRACTING 284743 15-Jura2004 CONTRACT SERVICES 3,481.12
550857 ONTARIO LTD 285232 29-~un-2004 REFUND 323.05
6006787 CANADA INC 285071 29-Jun-2004 REFUND 750.00
603755 ONTARIO INC 285233 29-Jun-2004 REFUND 1,505.23
656508 ONTARIO LIMTTED 285234 29-Jun-2004 REFUND 46,787.41
705336 ONTARIO LIMITED 285235 29-3un-2004 REFUND 2,550.34
775657ONTARIO INC 285236 29-Jum2004 REFUND 1,175.97
786 HAMDANI LTD 285237 29-Jura2004 REFUND 1,785.35
816027 ONTARIO LIMITED 285238 29-Jun-2004 REFUND 308.69
886995 ONTARIO LTD 285239 29-Jun-2004 REFUND 2,304.44
942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 284881 22-Jun-2004 MAINTENANCE AND REPAIRS 2,086.S0
942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 285072 29-Jun-2004 MATERIALS 386.74
A B DICK CO LTD 284882 22-Jun-2004 MATERIALS 71.72
ACKLANDS GRAINGER INC 285295 06-Ju1-2004 MATERIALS 396.19
ADT SECURITY SERVICES CANADA INC 285296 06-Jul-2004 CONTRACT SERVICES 83.59
ADVANCE TOWING 284883 22-Jun-2004 CONTRACT SERVICES 706.20
ADVANCETOW]NG 285073 29-Jun-2004 CONTRACT SERVICES 96.30
ADVANCE TOWING 285297 06-Jul-2004 CONTRACT SERVICES 128.40
AFFILIATED CUSTOMS BROKERS LTD 284745 15-]un-2004 MATERIALS 22.85
AFFILIATED CUSTOMS BROKERS LTD 284884 22-]un-2004 MATERIALS 60.22
AFFILIATED CUSTOMS BROKERS LTD 285298 06-.lul-2004 MATERIALS 152.11
AIR CARE SERVICES 284746 15-Jun-2004 MAINTENANCE AND REPAIRS 2,056.26
AIR CARE SERVICES 284885 22-Jun-2004 MAINTENANCE AND REPAIRS 5,883.88
AIR CARE SERVICES 285299 06-Ju1-2004 MAINTENANCE AND REPAIRS 1,419.70
AIR LIQUIDE CANADA INC 284886 22-Jun-2004 MATERIALS 89.13
ALFIDOME CONSTRUCTION 285300 06-Jul-2004 CONTRACT SERVICES 10,114.05
ALL GREEN IRRIGATION 284887 22-Jun-2004 EQUIPMENT 2,974.60
ALL STAR FIRE PROTECTION SERVICES INC 284747 15-.Iun-2004 MAINTENANCE AND REPAIRS 847.64
ALL STAR FIRE PROTECTION SERVICES INC 285074 29-]un-2004 MAINTENANCE AND REPAIRS 82.23
ANDRES, BERNIE 285075 29-3un-2004 REFUND 1,050.00
ANTONIO,CHUCK 285301 06-~u1-2004 ADMINISTRATIVE 61.93
APWAGNER LTD 284749 15-]un-2004 REFUND 20.00
AQUICON CONSTRUCTION CO LTD 284750 15-Jun-2004 CONTRACT SERVICES 846,568.25
ARAMARK REFRESHMENT SERVICES 284888 22-Jun-2004 SUPPLIES 134.50
ARCHER TRUCK SERVICES LTD 285302 06-]u1-2004 MATERIALS 1,771.00
ARCH[E MCCOY (HAMILTON) LTD 285076 29-Jun-2004 MATERIALS 2,780.70
ARGO GRAPH-ICC REPROGRAPHICS 284751 15-]un-2004 MATER[ALS 1,811.25
ARGO GRAPH-ICC REPROGRAPHICS 284889 22-]un-2004 MATERIALS 1,273.00
AVENUE ROOTS 284752 15-Jun-2004 CONTRACT SERVICES 4,982.66
AVENUE ROOTS 285077 29-]un-2004 CONTRACT SERVICES 8,185.50
BANKOF MONTREAL 285078 29-Jun-2004 REFUND 789.70
BARANCA,ANTONIO& BARANCA, MARY 285241 29-]un-2004 REFUND 2,927.03
BARANCA, MARY 285240 29-Jun-2004 REFUND 967.63
BATEMAN,DOLORES 285079 29-]un-2004 ADMINISTRATIVE 60.00
BATEMAN,PAMELA 285303 06-Ju1-2004 REFUND 23.95
CZTY OF NIAGARA FALLS ~leC~yof J~ AP5200 Page: 2
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque D.ate Purpose Amount
BBP ENTERPRISES 285080 29-3un-2004 REMI'rFANCE 1,745.00
BEAUCHAMP, RAN DY THOMAS 285082 29-]un-2004 REMI1TANCE 100.00
BEDARD,APJA 284753 15-]un-2004 MATERIALS 50.00
BELL CANADA 284754 15-]un-2004 UTILTIIES 532.80
BELL CANADA 284755 15-3un-2004 UTILITIES 57.50
BELL CANADA 285242 29-]un-2004 REFUND 10,187.27
BELL CANADA 285304 06-]ul-2004 UTILITIES 106.36
BELL CANADA 285305 06-Ju1-2004 UTILITIES 277.03
BELL MOBILITY PAGING 284756 LS-]un-2004 UTILTTIES 65.24
BENISON INVESTMENTS LTD 285243 29-Jun-2004 REFUND 8,284.24
BERTIE PRINTERS LTD 284893 22-~un-2004 MATERIALS 660.10
BERTIE PRINTERS LTD 285306 06-3u1-2004 MATERIALS 1,334.00
BIAMONTE,3OE 284894 22-~un-2004 REFUND 125.00
BICKLE MAIN INDUSTRIAL SUPPLY 285083 29-]un-2004 MATERIALS 317.40
BIRMINGHAM,JOHN 285084 29-3um20C4 REM1TI'ANCE 325.00
BISHOP,TOM 285085 29-]un-2004 REMITrANCE 1,900.00
BITNER, LAURIE 285307 06-.lul-2004 MATERIALS 104.17
BODKIN LEASING 284758 15-]un-2004 LEASES AND RENTS 435.83
BOLIBRUCK, BOB 285086 29-~un-2004 MATERIALS 558.21
BONCORE,ANGELO 285244 29-Jun-2004 REFUND 516.32
BORDEN LADNER GERVAIS 285087 29-Jun-2004 CONSULTING SERVICES 6,170.56
BOUTILIER,~ 285088 29-]un-2004 ADMINISTRATIVE 49.70
BOYS & GIRLS CLUB OF NIAGARA 284895 22-3un-2004 GRANT 18,577.37
BRINKS CANADA LTD 284896 22-3un-2004 CONTRACT SERVICES 810.35
BRITISH AUTO SUPPLY 284897 22-3un-2004 MATERIALS 617.41
BUDGET CAR RENTALS TORONTO LTD 284898 22-]un-2004 REFUND 15.00
BUNTIN REID 284760 Ls-]un-2004 SUPPLIES 1,968.42
BUNTIN REID 284899 22-~un-2004 SUPPLIES 802.22
BURKE,PATRICK 284761 15-~un-2004 MATERIALS 186.14
C N WATSON AND ASSOCIATES LTD 284777 Ls-]un-2004 CONSULTING SERVICES 4,440.14
C N WATSON AND ASSOCIATES LTD 284914 22-~un-2004 CONSULTING SERVICES 5,121.58
C N WATSON AND ASSOCIATES LTD 285096 29-3un-2004 CONSULTING SERVICES 10,033.40
C N WATSON AND ASSOCIATES LTD 285321 06-Ju1-2004 CONSULTING SERVICES 4,889.90
C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 284920 22-~un-2004 CONTRACT SERVICES 3,147.08
C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 285103 29-~un-2004 EQUIPMENT 6,119.33
CA]A, SANDY 285089 29-~un-2004 REMITTANCE 200.00
CAMBRIDGE SHOPPING CENTRES LTD 285245 29-~un-2004 REFUND 51,481.92
CANADA LAW BOOK 284764 15-Jun-2004 MATERIALS 85.10
CANADIAN CENTRE FOR OCCUPATIONAL HEALTH & SAFETY 284763 15-~un-2004 MATERIALS 172.50
CANADIAN DOOR DOCTOR 284901 22-3un-2004 MAINTENANCE AND REPAIRS 164.51
CANADIAN DOOR DOCTOR 285309 06-3u1-2004 MAINTENANCE AND REPAIRS 4,333.S0
CANADIAN LEAK DETECTION 285310 06-]u1-2004 MAINTENANCE AND REPAIRS 535.00
CANADIAN LINEN AND UNIFORM SERVICE 284765 15-Jun-2004 MATERIALS 129.36
CANADIAN LINEN AND UNIFORM SERVICE 284902 22-Jun-2004 MATERIALS 115.24
CANADIAN LINEN AND UNIFORM SERVICE 285090 29-]un-2004 MATERIALS 159.26
CANADIAN NATIONAL 284903 22-~un-2004 CONTRACT SERVICES 2,973.00
CANADIAN NATIONAL 284904 22-~un-2004 LEASES AND RENTS 535.00
CANADIAN NIAGARA HOTELS INC 285311 06-3ul-2004 MATERIALS 10,973.76
CANADIAN PORTABLE SERVICES 285312 06-Jul-2004 LEASES AND RENTS 1,053.42
CANTEC SECURITY SERVICES 284905 22-3un-2004 CONTRACT SERVICES 562.86
CARL BRAY & ASSOC LTD 284906 22-3um2004 CONTRACT SERVICES 3,246.67
CARSWELL 284766 15-Jun-2004 MATERIALS 91.77
CARSWELL 285091 29-~un-2004 MATERIALS 2,755.25
CARSWELL 285313 06-Jul-2004 MATERIALS 104.86
CARTER CAR & TRUCK RENTALS 285314 06-Ju1-2004 LEASES AND RENTS 723.35
CARTMELL,CHUCK 284907 22-]un-2004 REFUND 974.52
CASCADE INTERNATIONAL 285092 29-]un-2004 SUPPLIES 1,233.66
CASHWAY BUILDING CENTRES 285315 06-]u1-2004 MATERIALS S22.90
CASTLEROCK HOME BUILDERS 285093 29-]un-2004 REFUND 150.00
CZTY OF NI'AGARA FALLS T~Ci~0f /~d APS200 Page: 3
MUNICIPAL ACCOUNTS '
Supplier Name Cheque No Cheque Date Purpose Amount
CENTENNIAL CONSTRUCTION 284908 22-3un-2004 CONTRACT SERVICES 80,672.55
CERIDIAN LIFEVVORKS SERVICES 284768 15-3un-2004 CONTRACT SERVICES 2,253.42
CGT MANAGEMENT 285316 06-]u1-2004 MATERIALS 4,119.50
CH2M HILL CANADA LTD 284769 15-3um2004 CONSULTING SERVICES 1,974.20
CHARLES ~ONES INDUSTRIAL LTD 285094 29-3un-2004 MATERIALS 778.43
CHARLES 3ONES INDUSTRIAL LTD 285317 06-3ul-2004 MATERIALS 865.75
CHIPPAWA AUTOBODY LTD 284909 22-9un-2004 MAINTENANCE AND REPAIRS 1,297.20
CHONG,DR XIN 284771 15-]un-2004 ADMINISTRATIVE 125.00
CHRIS CRISTELLI & ASSOCIATES INC 284772 15-3un-2004 CONSULTING SERVICES 995.10
CHU, IONOK YIU 285246 29-3un-2004 REFUND 381.62
C]AMPENELLI,]OE 285318 06-~u1-2004 REFUND 750.00
CIBC 285095 29-3un-2004 REFUND 76.00
CICCNI & GIANGREGORIO IN TRUST 285247 29-3un-2004 REFUND 1,246.07
C1T FINANCIAL LTD 284773 15-3un-2004 LEASES AND RENTS 108.58
cfr FINANCIAL LTD 284910 22-3un-2004 LEASES AND RENTS 5,468.67
CITICORP VENDOR FINANCE LTD 285319 06-3ul-2004 LEASES AND RENTS 4,347.00
CITY OF NIAGARA FALLS 284774 15-3un-2004 MATERIALS 972.20
CITY OF NIAGARA FALLS 284775 15-3un-2004 CONSULTING SERVICES 6,636.30
CITY OF NIAGARA FALLS 284911 22-3un-2004 REMFFFANCE 24,708.16
CITY OF NIAGARA FALLS 285320 06-3u1-2004 MATERIALS 122,042.29
CITY OF WELLAND 284912 22-3un-2004 EQUIPMENT 12,745.00
CLASS A FIRE E RESCUE 284776 15-3un-2004 MATERIALS 143.75
CLASS A FIRE & RESCUE 284913 22-3un-2004 MATERIALS 287.50
COGECO CABLE CANADA INC 284778 15-3un-2004 UTILITIES 209.15
COGECO CABLE CANADA INC 284915 22-3un-2004 UTILFFIES 152.77
COGECO CABLE CANADA INC 285097 29-3un-2004 UTILITIES 106.95
COGECO CABLE CANADA INC 285322 06-3ul-2004 UTILITIES 310.10
COLLINSON,3ACK 285324 06-3u1-2004 ADMINISTRATIVE 62.32
COLOSIMO,ROSANNE 285098 29-3un-2004 REFUND 750.00
COMMISSIONAIRES 285099 29-3un-2004 CONTRACT SERVICES 16,952.28
COMMISSIONAIRES 285326 06-3u1-2004 CONTRACT SERVICES 14,691.00
COMPRESSOR SYSTEMS INTERN INC 284917 22-3un-2004 MATERIALS 616.62
CONCOLINO, DAN 285100 29-3un-2004 REMFFFANCE 100.00
CORSINI,GUY 284780 15-3un-2004 ADMINISTRATIVE 281.75
COSTA,ANTHONY& COSTA, GABRIELI 285248 29-3un-2004 REFUND 424.86
COSTELLO, BRIAN 285327 06-3ul-2004 ADMINISTRATIVE 229.86
COURT,ALYSON 285101 29-3un-2004 REMFITANCE 700.00
COURTOIS & MATHER CREATIVE INC 284918 22-3un-2004 MATERIALS 1,872.50
CRAWFORD AD3USTERS CANADA INCORP 284781 15-3un-2004 ADMINISTRATIVE 5,760.10
CRAWFORD AD3USTERS CANADA INCORP 284919 22-3un-2004 ADMINISTRATIVE 2,073.85
CRAWFORD AD3USTERS CANADA INCORP 285102 29-3un-2004 ADMINISTRATIVE 894.40
CRAWFORD AD3USTERS CANADA INCORP 285329 06-3u1-2004 ADM]NIS'I1RATIVE 5,468.40
CROWN,HEATHER 285104 29-3un-2004 REFUND 132.32
CUPE LOCAL 133 284782 15-3un-2004 REMFFFANCE 3,253.98
CUPE LOCAL 133 284921 22-3un-2004 REMITTANCE 3,256.35
CUPE LOCAL 133 285105 29-3un-2004 REMFITANCE 3,480.98
CUPE LOCAL 133 285330 06-3u1-2004 REMFITANCE 3,544.63
CURTIS GAIL DEVEL CORP 285249 29-3un-2004 REFUND 113.10
CYTECCANADA INC 285250 29-]un-2004 REFUND 23,804.90
DANYAAL ENTERPRISES LTD 285251 29-3un-2004 REFUND 12,517.24
DAVID SCHRAM & ASSOCIATES 284922 22-3un-2004 CONSULTING SERVICES 8,922.73
DELCAN CORPORATION 284783 15-3un-2004 CONSULTING SERVICES 176,615.25
DELCAN CORPORATION 285331 06-3u1-2004 CONSULTING SERVICES 24,523.22
DEMIAN,NABILA 285332 06-3ul-2004 REFUND 32.50
DEMOL'S TIRE SALES & SERVICE 284924 22-]un-2004 MATERIALS 4,244.30
DEVRON PIPE SALES 284784 15-]un-2004 MATERIALS 159.73
DICARLO,ANTHONY 285106 29-]un-2004 REMFI-rANCE 200.00
DIPAOLA, MIKE 285333 06-3ul-2004 ADMINISTRATIVE 50.42
DIPIETRO, SALVATORE& DIPIETRO, MARY 285252 29-]un-2004 REFUND 814.06
CITY OF NIAGARA FALLS ]~eC~o~ ~ AP5200 Page : 4
MUNICIPAL ACCOUNTS k a lllll
Supplier Name Cheq~Np Cheque ~te Purpose Amount
DISTRICT SCHOOL BOARD OF NIAGARA 285067 22-3un-2004 ADMINISTRATIVE 6,194,335.73
DIX, CARMAN 285107 29-3un-2004 REFUND 750.00
DOBBIN,DR S W 284925 22-3un-2004 REFUND 10.00
DOERING & BROWN CORP 284926 22-3un-2004 SUPPLIES 8.56
DOMINION PAVING CO 285108 29-3un-2004 MAINTENANCE AND REPAIRS 3,691.50
DOUGLAS,JAMIE 285109 29-3un-2004 ADMINISTRATIVE 148.48
DREN,KARL 284927 22-3un-2004 ADMINISTRATIVE 431.44
DREW CANADA 285110 29-]un-2004 CONTRACT SERVICES 325.14
DU.1LOVIC, ED 284785 15-Jun-2004 MATERIALS 45.94
DU]LOVIC, ED 285111 29-]un-2004 ADMINISTRATIVE 115.92
DYCHTIAR, PETER 285112 29-1un-2004 REMrITANCE 100.00
E & R LAWN EQUIPMENT 285336 06-Jul-2004 EQUIPMENT 1,033.85
ELlA HOME BUILDERS INC 285113 29-1un-2004 REFUND 750.00
ELSAWAF,SOBHI G 285253 29-1un-2004 REFUND 400.37
EMCOMP CONSULTANTS INC 284786 15-]un-20C~ CONSULTING SERVICES 166.92
EMERALD 284929 22-]un-2004 MAINTENANCE AND REPAIRS 1,075.35
ENBRIDGE 284787 15-1un-2004 UTILITIES 7,500.41
ENBRIDGE 284930 22-3un-2004 UTILITIES 584.18
ENBRIDGE 285114 29-1un-2004 UTILITIES 53.35
ENBRIDGE 285334 06-1ul-2004 UTILITIES 24.35
ENGINEERING CONCEPTS NIAGARA 285115 29-1un-2004 CONTRACT SERVICES 3,389.12
ENTERPRISE RENT A CAR CANADA LTD 285335 06-1u1-2004 REFUND 20.00
ESSEX,1AMIE 284788 15-~un-2004 REFUND 182.81
EVANS UTILITY SUPPLY LTD 284931 22-]un-2004 MATERIALS. 11,221.70
EVERLASTING IMPRESSIONS 285116 29-1un-2004 CONTRACT SERVICES 438.70
EVIN INDUSTRIES LTD 285337 06-1u1-2004 MATERIALS 230.57
FALLSWAY SUPPLY 285117 29-1un-2004 MAINTENANCE AND REPAIRS 2,530.00
FANTINEL, EGIDIO 284789 15-1un-2004 REFUND 750.00
FAST, DAVID JOHN 285254 29-]un-2004 REFUND 339.08
FAST, DAVID JOHN IN TRUST 285255 29-9un-2004 REFUND 2,363.91
FEDERAL EXPRESS CANADA LTD 284932 22-]un-2004 MATERIALS 333.00
FEREN SIGN SYSTEMS 285068 25-]un-2004 CONTRACT SERVICES 14,980.00
FIDDLERS 3 285118 29-3un-2004 REMITTANCE 395.00
FIRE MONITORING OF CANADA [NC 284933 22-1un-2004 CONTRACT SERVICES 258.94
FIRE MONITORING OF CANADA INC 285119 29-1un-2004 CONTRACT SERVICES 143.91
FLEMING,JOEL 285120 29-1un-2004 REMITTANCE 666.00
FUg(O PRODUCTS LTD 284934 22-3un-2004 MATERIALS 99.19
FLEXO PRODUCTS LTD 285121 29-~un-2004 MATERIALS 2,423.97
FLORIO,MIRELLA 285256 29-.lun-2004 REFUND 123.82
FORCIER, SUE 284790 15-1un-2004 ADMINISTRATIVE 74.24
FOREST CITY MODELS & PA'[TERNS LTD 285338 06-1ul-2004 MATERIALS 423.20
FRANCOTYP POSTALIA TELESET 284791 15-]un-2004 MATERIALS 21,400.00
FRANCOTYP POSTALIA CANADA 284935 22-1un-2004 LEASES AND RENTS 203.55
FRANK COWAN COMPANY LIMITED 284936 22-1un-2004 ADMINISTRATIVE 13,219.30
FRANK 1 ZAMBONI & CO LTD 284792 15-1un-2004 MATERIALS 152.38
FRANK 1 ZAMBONI & CO LTD 285122 29-1un-2004 MATERIALS 2,204.59
FRONTIER EQUIPMENT CO LTD 284937 22-Iun-2004 MATERIALS 161.00
G & K SERVICES CANADA INC 284941 22-1un-2004 MATERIALS 88.37
GALES GAS BARS 284938 22-1un-2004 MATERIALS 274.67
GALT KNIFE CO LTD 284939 22-1un-2004 MAINTENANCE AND REPAIRS 202.40
GE POLYMERSHAPES 284794 15-1un-2004 MATERIALS 294.25
GEORGE BAILEY 284793 15-1un-2004 MATERIALS 250.00
GERRIE ELECTRIC WHOLESALE LTD 284940 22-1un-2004 MATERIALS 799.85
GHAZY,ANTOINE& EBEID, MONA 285123 29-1un-2004 REFUND 250.00
GLADDING SALES AGENCY LTD 284795 15-1un-2004 MATERIALS 1,216.42
GLADDING SALES AGENCY LTD 284942 22-1un-2004 MATERIALS 1,948.18
GLADDING SALES AGENCY LTD 285124 29-]un-2004 MATERIALS 2,389.77
GLADDING SALES AGENCY LTD 285339 06-]u1-2004 MATERIALS 1,791.36
GLOBALSTAR CANADA SATELLITE CO 284796 15-~un-2004 UTILITIES 64.35
CITY OF NZAGARA FALLS ~eC~/01 11~ APS200 Page : 5
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount
GOLDEN HORSESHOE VENTURES INC 285257 29-Jun-2004 REFUND 29,889.49
GOLFINN INTERN INC 285340 06-1u1-2004 MATERIALS 1,765.83
GOW,SUDY 284797 15-~um2004 CONSULTING SERVICES 750.00
GRASSWORKS LAWN MAINTENANCE 284943 22-Jun-2004 CONTRACT SERVICES 1,556.85
GRAyBAR ELECTRIC LTD 284798 15-]un-2004 MATERIALS 392.63
GRAYBAR ELECTRIC LTD 284944 22-.lun-2004 MATERIALS 180.57
GRAYBAR ELECTRIC LTD 285125 29-]un-2004 MATERIALS 411.10
GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND 284945 22-]un-2004 REMFITANCE 69.40
GREENSPACE SERVICES 284946 22-~un-2004 CONTRACT SERVICES 564.43
GREIF BROS CANADA INC 285258 29-~un-2004 REFUND 543.36
GREY ISLAND SYSTEMS INC 284947 22-Jun-2004 MATERIALS 1,752.88
GPJGOROFF, LOUIS 285341 06-.lu1-2004 ADMINISTRATIVE 7.94
GT FRENCH PAPER LIMITED 284948 22-~un-2004 MATERIALS 3,538.78
GT FRENCH PAPER LIMITED 285342 06-Ju1-2004 MATERIALS 605.95
GYM CON LTD 284799 15-~un-2004 MATERIALS 778.89
GYM CON LTD 284949 22-]un-2004 MATERIALS 10,115.37
HALF WAY SAND PIT LIMITED 284950 22-]un-2004 MATERIALS 1,230.78
HALLTECH ENVIRONMENTAL INC 284800 15-1un-2004 MATERIALS 264.25
HAMDANI DRYCLEANERS LTD 284951 22-~un-2004 MAINTENANCE AND REPAIRS 34.79
HAMILTON,STEPHEN 285343 06-3ul-2004 ADMINISTRATIVE 354.12
HARRISON,TODD 285127 29-~un-2004 ADMINISTRATIVE 106.43
HART, KYLE 284952 22-Jun-2004 REMTITANCE 45.00
HELPA CHILD SMILE 284802 1S-Jun-2004 DONATION 250.00
HENLER INVEST LTD BELMER INVESTMENTS LTD 285259 29-1un-2004 REFUND 12,807.71
HERLOVI-rCH,ALEX 285344 06-~u1-2004 ADMINISTRATIVE 81.00
HERTZ EQUIPMENT RENTAL 285345 06-.1ul-2004 ADMINISTRATIVE 1,203.75
HICKEY, NEAL 285346 06-~u1-2004 ADMINISTRATIVE 45.00
HIEBERT,JAKE 285347 06-1ul-2004 ADMINISTRATIVE 45.25
HILL BOLES LTD 285128 29-.lun-2004 MATERIALS 1,616.49
HILL BOLES LTD 285348 06-~u1-2004 MATERIALS 59.90
HOFMANN,DIRK 285129 29-~un-2004 REMI'I-FANCE 666.00
HOIJ'4AN,GEOFF 284803 15-1un-2004 ADMINISTRATIVE 105.21
HOLMAN,GEOFF 285349 06-~u1-2004 ADMINISTRATIVE 100.44
HR SYSTEMS STRATEGIES INC 284953 22-~un-2004 MATERIALS 2,445.60
HUMMELL, HAROLD 285350 06-3u1-2004 ADMINISTRATIVE 142.92
HY GRADE PRECAST CONCRETE 284954 22-]un-2004 MATERIALS 994.75
IAFRATE, MARIO& IAFRATE, GINA 285260 29-1un-2004 REFUND 5,052.55
IN21TIVE GROUP INC 284956 22-]un-2004 MATERIALS 649.99
INDUSTRIAL HOSE & HYDRAULICS LTD 285351 06-1ul-2004 EQUIPMENT 1,700.09
INTERNATIONAL BINDING & LAMINATING SYSTEMS INC 284957 22-.1un-2004 SUPPLIES 441.91
~ M G CORPORATION 285261 29-1un-2004 REFUND 43.66
I P HAMMILL & SON LTD 285133 29-~un-2004 MATERIALS 9,364.62
~ P HAMMILL & SON LTD 285353 06-~ul-2004 MATERIALS 4,364.83
.1AMES G ARMOUR & CO LTD 284958 22-9un-2004 MATERIALS 3,467.25
.1ENKO HOMES 285130 29-.1un-2004 REFUND 750.00
.1ENSEN,RON 285131 29-]un-2004 REMTTTANCE 100.00
1ET ICE LTD 285352 06-]u1-2004 ADMINISTRATIVE 1,911.00
JOHNSON,M 285132 29-~un-2004 REMI'ITANCE 250.00
KAN DU POOLS LTD 284806 15-~un-2004 MAINTENANCE AND REPAIRS 216.56
KAN DU POOLS LTD 284959 22-Jun-2004 MATERIALS 7,768.25
KAN DU POOLS LTD 285134 29-3un-2004 MATERIALS 1,654.01
KAN OU POOLS LTD 285354 06-]ul-2004 MATERIALS 389.85
KATCH'S QUALITY COMMUNICATION 285135 29-~un-2004 CONTRACT SERVICES 523.25
KAUFMANN,ADRIAN 285136 29-]un-2004 REFUND 750.00
KAUN]SMAA,V S 285137 29-]un-2004 CONSULTING SERVICES 1,951.68
KEDZIERSKI,JOHN 285138 29-1un-2004 REFUND 125.00
KENNEY,GERALD 284807 15-3un-2004 ADMINISTRATIVE 75.43
KINDY'S FURS LIMITED 285262 29-]un-2004 REFUND 566.00
KLEIN DEVELOPMENTS LTD 284808 15-.1un-2004 REFUND 71.26
CITY OF NIAGARA FALLS ~C~o[ ~ AP5200 Page: 6
MUNICIPAL ACCOUNTS
Supplier Name CheqqeNo Cheque Date Purpose Amount
KON,ADELE 284809 15-Jun-2004 ADMINISTRATIVE 137.76
KOSTURIK, MILAN 284810 15-]un-2004 REFUND 32.09
KRAFT CANADA INC 284811 15-]un-2004 MATERIALS 34.50
KRAFT CANADA INC 285139 29-Jun-2004 CONTRACT SERVICES 9,100.04
KUCHYT,TOM 285356 06-]u1-2004 ADMINISTRATIVE 299.58
LAFARGE CANADA INC 284812 15-Jun-2004 MATERIALS 6,494.04
LAFARGE CANADA [NC 284961 22-]un-2004 MATERIALS 2,466.66
LAFARGE CANADA INC 285140 29-1un-2004 MATERIALS 3,619.49
LAFARGE CANADA INC 285432 06-.lu1-2004 MATERIALS 730.45
LATOPLAST LTD 284962 22-~un-2004 MATERIALS 136.62
LAW ENFORCEMENT SYSTEMS INC 285141 29-]un-2004 REM]TrANCE 5,744.13
LE CONSEIL SCOLAIRE DE DISTRICT 284963 22-9un-2004 ADMINISTRATIVE 120,175.93
LE CONSEIL SCOLAIRE DE DISTRICT 284964 22-]un-2004 ADMINISTRATIVE 276,868.44
LEGGE, DEBORAH 284813 15-Jun-2004 ADMINISTRATIVE 138.95
LEISUREPLAN INTERNATIONAL INC 285142 29-]un-2004 CONTRACT SERVICES 854.10
LEONE,JERRY& LEONE, CONNIE 285143 29-~un-2004 REFUND 750.00
LESLIE CONSTRUCTION AND INVESTMENTS LTD 285263 29-3un-2004 REFUND 5,761.68
LEXISNEXIS CANADA INC 284814 15-~un-2004 MATERIALS 131.08
LEXISNEXIS CANADA INC 284965 22-]un-2004 MATERIALS 65.54
LINDSAY PRESS 284816 15-]un-2004 SUPPLIES 93.15
LINDSAY PRESS 285360 06-]u1-2004 MATERIALS 113.85
LING,HOLLY 285264 29-]un-2004 REFUND 1,900.21
LOWE, PETER E 284817 15-3un-2004 CONTRACT SERVICES 1,855.00
LYNETT, PHIL 285145 29-~un-2004 ADMINISTRATIVE 100.00
MACDOWELL, R O 285361 06-3u1-2004 CONSULTING SERVICES 1,479.38
MACLEAN,]ASON 285146 29-3un-2004 ADMINISTRATIVE 207.23
MACLEOD,DIANE ANNA 285265 29-3un-2004 REFUND 1,491.41
MANGOFF,TED 285362 06-]ul-2004 ADMINISTRATIVE 28.58
MARCHESE,VINCENT& MARCHESE, VIOLET 285266 29-3un-2004 REFUND 1,526.50
MARl LYNNE EASTLAND 284967 22-3un-2004 MATERIALS 350.43
MARl LYNNE EASTLAND 285363 06-3u1-2004 MATERIALS 933.58
MASCARIN,RUDY 285364 06-~ul-2004 ADMINISTRATIVE 7.94
MASSI,STEVE 285365 06-3ul-2004 REFUND 103.49
MA1THEWS CAMERON HEYWOOD KERRY T HOWE SURVEYIN( 285366 06-Jul-2004 CONSULTING SERVICES 1,983.05
MAVES, DIANE 285147 29-3un-2004 ADMINISTRATIVE 66.00
MAZZONE, NICHOLAS&. MAZZONE, SHIRLEY 285267 29-]un-2004 REFUND 861.74
MCANDREWS AIR LTD 284968 22-~un-2004 MAINTENANCE AND REPAIRS 3,628.37
MCCONNELL, LUCILLE 285148 29-]un-2004 ADMINISTRATIVE 66.00
MCDONALD, ROB 285149 29-~un-2004 ADMINISTRATIVE 356.11
MCGEE MARKING DEVICES 285367 06-3ul-2004 MATERIALS 3,314.88
HCNAMARA, SUSAN 285150 29-~un-2004 ADMINISTRATIVE 72.00
ME OLSEN TITLES INC 284819 15-3un-2004 CONTRACT SERVICES 859.88
ME OLSEN TITLES 1NC 284970 22-]un-2004 CONTRACT SERVICES 386.29
ME OLSEN TITLES INC 285151 29-]un-2004 CONTRACT SERVICES 326.02
MEDCON MECHANICAL LTD 284969 22-~un-2004 CONTRACT SERVICES 7,255.67
MELLEN DISTRIBUTING 284818 15-~un-2004 SUPPLIES 417.05
METRO PLUMBING & HEATING 284971 22-~un-2004 CONTRACT SERVICES 6,233.43
MI-CELL 285152 29-Jun-2004 MATERIALS 724.50
MICHALOPOULOS,TOM 285268 29-]un-2004 REFUND 2,667.12
MICROMEDIA PROQUEST 285369 06-]u1-2004 MATERIALS 318.55
MILOJEVICH,RODNEY 284973 22-~un-2004 REMITTANCE 45.00
MINERVINI,DOMENIC 285370 06-Jul-2004 ADMINISTRATIVE 85.75
MINGLE,JAMES&]ONCAS, PAl-ri 285269 29-.lun-2004 REFUND 793.14
MINISTER OF FINANCE 284974 22-]un-2004 REMi'n-ANCE 503.84
MINISTER OF FINANCE 284976 22-]un-2004 REMI'rrANCE 44,422.19
MINISTER OF FINANCE 284977 22-]un-2004 REMITTANCE 4,993.16
MINISTER OF FINANCE 284978 22-]un-2004 REMI'I-rANCE 835.64
MINISTER OF FINANCE 284979 22-]un-2004 REMITTANCE 2,985.00
MINISTER OF FINANCE 285154 29-]un-2004 ADMINISTRATIVE 9,600.00
CZTY OF NI'AGARA FALLS ~le City of i~l~.APB200 Page : 7
MUNICIPAL ACCOUNTS N' garo
Supplier Name Cheque No Cheque Date Purpose Amount
MINISTRY OF A'I-i'ORNEY GENERAL 284820 15-]un-2004 REMll-rANCE 1,493.76
MINISTRY OF A1TORNEY GENERAL 284975 22-]un-2004 REMI'FrANCE 1,493.76
MINISTRY OFATTORNEY GENERAL 285153 29-~un-2004 REMITFANCE 1,376.48
MINISTRY OF A~rORNEY GENERAL 285371 06-3ul-2004 REMITFANCE 1,375.69
MISS ALL CANADIAN 285155 29-~un-2004 ADMINISTRATIVE 700.00
MISS ALL CANADIAN PAGEANT 284821 15-~un-2004 REMTTTANCE 150.00
MOBILE COMMUNICATION SERVICES 284980 22-]un-2004 MAINTENANCE AND REPAIRS 143.75
MODERN CRANE 284982 22-]un-20C4 CONTRACT SERVICES 617.18
MODERN LANDFILL INC 284822 15-9un-2004 CONTRACT SERVICES 758.38
MODERN LANDFILL INC 284981 22-~un-2004 CONTRACT SERVICES 2,063.04
MONTGOMERY,MOE& MONTGOMERY, MIKE 284983 22-~un-2004 CONTRACT SERVICES 302.28
MOROCCO,]OHN 284823 15-]un-2004 MATERIALS 360.00
MRKAL1,]OVO& MRKAL1, MILIC 285270 29-]un-2004 REFUND 990.75
MTC LEASING INC 284824 15-3un-2004 LEASE5 AND RENTS 277.87
MUNICIPAL WORLD INC 284825 15-]un-2004 MATERIALS 21.65
MUNKLEY,DOUG DR. 285373 06-]ul-2004 ADMINISTRATIVE 557.70
MUSSARI,TOM 285374 06-]u1-2004 ADMINISTRATIVE 305.30
MY COUNTRY DELICATESSEN 284826 15-]un-20C4 MATERIALS 89.84
NAZZAL ENTERPRISES INC 285271 29-]un-2004 REFUND 2,416.07
NEDCO 284827 15-]un-2004 MATERIALS 736.00
NEW WAY MARKEr (NIAGARA FALLS) LTD 285272 29-]un-2004 REFUND 759.25
NEXUS ACTUARIAL CONSULTANTS LTD 284984 22-]un-2004 CONSULTING SERVICES 1,605.00
NGUYEN,NHAN VAN& NGUYEN, DUCTHI 285273 29-]un-2004 REFUND 553.67
NIAGARA CATARACT LODGE I O O F NO 153 285156 29-9un-2004 REFUND 3,870.00
NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 284985 22-~un-2004 ADMINISTRATIVE 3,026,136.03
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284832 15-]un-2004 REMI-ITANCE 1,981.45
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 284991 22-.lun-2004 REM]TFANCE 1,981.45
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 285160 29-9un-2004 REMI'I-FANCE 3,512.31
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 285161 29-3un-2004 REMITTANCE 1,981.45
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 285379 06-3u1-2004 REMiTrANCE 1,981.45
NIAGARA FALLS COMMUNITY CENTER 284986 22-]un-2004 DONATION 10,000.00
NIAGARA FALLS COMMUNITY CENTER 284987 22-3un-2004 ADMINISTRATIVE 480.00
NIAGARA FALLS HUMANE SOCIETY 284988 22-~un-2004 CONTRACT SERVICES 36,529.65
NIAGARA FALLS HUMANE SOCIETY 285158 29-3un-2004 CONTRACT SERVICES 1,170.00
NIAGARA FALLS HYDRO 284828 15-]un-2004 REFUND 127.25
NIAGARA FALLS HYDRO 284829 15-~un-2004 REMEI'~ANCE 442.57
NIAGARA FALLS HYDRO 284830 15-.]un-2004 UTILITIES 2,445.68
NIAGARA FALLS HYDRO 284989 22-3un-2004 ADMINISTRATIVE 13,250.03
NIAGARA FALLS HYDRO 284990 22-]un-2004 UTILITIES 2,119.28
NIAGARA FALLS HYDRO 285159 29-3un-2004 UTILITIES 79,365.91
NIAGARA FALLS HYDRO 285376 06-2ul-2004 REMITTANCE 9,447.57
NIAGARA FALLS HYDRO 285377 06-2u[-2004 UTILITIES 304.03
NIAGARA FALLS TOURISM 284993 22-~un-20C4 GRANT 66,630.95
NIAGARA FALLS TOURISM 285162 29-.~un-2004 ADMINISTRATIVE 8,000.00
NIAGARA FASTENERS 284992 22-~un-2004 MATERIALS 88.31
NIAGARA FASTENERS 285380 06-~u1-2004 MATERIALS 290.63
NIAGARA INFLATABLES 285163 29-2un-2004 ADMINISTRATIVE 500.00
NIAGARA INFLATABLES 285274 29-]un-2004 REM]'ITANCE 500.00
NIAGARA NEWSPAPER GROUP 284994 22-]un-2004 ADMINISTRATIVE 422.31
NIAGARA OCCUPATIONAL HEALTH SERVICES 284995 22-~un-2004 ADMINISTRATIVE 348.75
NIAGARA PARKS COMMISSION 285381 06-]ul-2004 CONTRACT SERVICES 5,350.00
NIAGARA PENINSULA CONSTRUCTION AND EXCAVATING 284996 22-]un-2004 CONTRACT SERVICES 777.60
NIAGARA ROADS SUPERVISORS' ASSOCIATION 284833 15-Jun-2004 REMI'n'ANCE 60.00
NIAGARA SHEET METAL 284997 22-3un-2004 MATERIALS 2,242.50
NIAGARA SOUND SYSTEMS 285382 06-2u[-2004 CONTRACT SERVICES 399.60
NIAGARA THIS WEEK 284834 15-~un-2004 ADMINISTRATIVE 872.86
NIAGARA THIS WEEK 284998 22-]un-2004 ADMINISTRATIVE 528.58
NIAGARA TRANSi-F 284879 21-]un-2004 ADMINISTRATIVE 1,006,700.00
NIAGARA TRANSiT 285383 06-]ul-2004 GRANT 250,000.00
CI*TY OF N]~AGARA FALLS ~1~ C~ 0~ &, AP5200 Page: 8
MUNICIPAL ACCOUNTS Nio a FoI IJ I'
Supplier Name Chequ~ No Cheque Date Purpose Amount
NIAGARA UN[TED ENTERPRISES LTD 285384 06']U1~2004 REFUND 2,573.48
NIAGARA.COM 285157 29-]un-2004 CONTRACT SERVICES 96.20
NIAGARA.COM 285375 06-]u1-2004 CONTRACT SERVICES 798.18
NICHOLLS MARINE LTD 285164 29-1un-2004 MATERIALS 93.58
NORSTAN RESORTS INC 285275 29-]un-2004 REFUND 22,315.80
NORTHSTAR CONSTRUCTION 284835 15-]un-2004 CONTRACT SERVICES 775.75
NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS 285165 29-~un-2004 ADMINISTRATIVE 1,442.50
O & Y REIT HOLDINGS INC 285276 29-]un-2004 REFUND 7,959.31
O K GIFT SHOP 285167 29-3un-2004 REFUND 750.00
OATLEY,SHAWN 285385 06-~ul-2004 ADMINISTRATIVE 76.22
OFFIERSKI,]EN 285166 29-]un-2004 ADMINISTRATIVE 666.00
OLSEN-SOI-FILE INSURANCE BROKERS INC 285168 29-3un-2004 REMITTANCE 1,829.52
OMERS 285169 29-]un-2004 REM1TFANCE 282,217.16
ONTARIO GYM & SPORTS 285386 06-]u1-2004 MATERIALS 1,846.90
ONTARIO MOBILE WASH 284836 15-]un-2004 MAINTENANCE AND REPAIRS 1,225.15
ORR, DAVID ANDREW& ORR, LYNNE 285000 22-]un-2004 REFUND 1,135.00
ORSINI,MR & MRS GUS 285170 29-]un-2004 REFUND 500.00
OSOWIEQEDWARD 285387 06-Jul-2004 REFUND 69.00
OZANIC, PAVAO& OZANIC, IVAN 285277 29-3un-2004 REFUND 2,997.40
P M PRODUCTIONS 285008 22-]un-2004 MATERIALS 1,948.25
PAMBOOKIAN INDUSTRIES LTD 285278 29-~un-2004 REFUND 653.94
PANG,STEPHANIE 284837 15-.lun-2004 ADMINISTRATIVE 500.00
PANG,STEPHANIE 285171 29-3un-2004 ADMINISTRATIVE 2,500.00
PAPER DIRECT 285001 22-]un-2004 MATERIALS 123.88
PARKSMART 284838 15-]un-2004 MATERIALS 773.38
PARRO'n'A, FELICE 284839 15-3un-2004 REFUND 125.00
PASCOE,REBECCA 285002 22-]un-2004 ADMINISTRATIVE 114.08
PA'trEASON,KATHY 285172 29-]un-2004 ADMINISTRATIVE 500.00
PAVAN,MARISA 285173 29-]un-2004 ADMINISTRATIVE 250.00
PEC ROOF MAINTENANCE 284840 15-]un-2004 MAINTENANCE AND REPAIRS S94.68
PEC ROOF MAINTENANCE 285003 22-]un-2004 MAINTENANCE AND REPAIRS 481.54
PEC ROOF MAINTENANCE 285388 06-2ul-2004 MAINTENANCE AND REPAIRS 316.52
PENINSULA CONSTRUCTION INC 285174 29-]un-2004 MAINTENANCE AND REPAIRS 5,577.70
PENINSULA PEST CONTROL LTD 285004 22~]un-2004 CONTRACT SERVICES 261.08
PENINSULA VIDEO & SOUND INC 285175 29-2un-2004 CONTRACT SERVICES 96.30
PEPIN,GHISLAINE GAGNON 285279 29-1un-2004 REFUND 700.75
PETRELLA, MARCELLO 285280 29-2un-2004 REFUND 1,125.01
PHELAN,BARBARA 285176 29-]un-2004 ADMINISTRATIVE 500.00
PHILIPS ENGINEERING 285177 29-]un-2004 CONSULTING SERVICES 5,152.46
PIPE TOOLS SUPPLY LIMITED 285007 22-]un-2004 MATERIALS 170.37
PORSCH,HENRY 284841 15-]un-2004 REFUND 20.00
PRATA,GUY 285389 06-2u1-2004 ADMINISTRATIVE 66.29
PRAXAIR 284842 15-.lun-2004 MATERIALS 324.61
PRAY, AIR 285010 22-3un-2004 MATERIALS 211.69
PRAXAIR 285179 29-~un-2004 MATERIALS 453.19
PRECISE PARK LINKINC 288011 22-3un-2004 EQUIPMENT 1,681.40
PRECISE PARK LINK INC 285180 29-]un-2004 CONTRACT SERVICES 2,019.73
PRICE, PHILIP 285181 29-]un-2004 ADMINISTRATIVE 500.00
PROFESSIONAL ENGINEERS ONTARIO 285390 06-]u1-2004 REMI~-FANCE 267.50
PROFESSIONAL'S CHOICE FLOORING 285391 06-2u1-2004 MATERIALS 1,706.33
PROJECT SHARE 285012 22-]un-2004 GRANT 15,414.95
PRUYN,MICHAEL 285013 22-~un-2004 REFUND 1,049.27
PURE WATER 284843 15-]un-2004 MATERIALS 5.00
PUROLATOR COURIER 285014 22-]un-2004 REMTI-FANCE 564.78
PUROLATOR COURIER 285182 29-]un-2004 REMITTANCE 47.67
PUROLATOR COURIER 285392 06-]u1-2004 REM[TrANCE 80.84
QUAGLIARIELLO CARMEL ESTATE 285281 29-]un-2004 REFUND 592.12
QUALITY SEEDS LTD 284844 15-3un-2004 MATERIALS 1,949.37
QUICK CAR WASH 285183 29-3un-2004 CONTRACT SERVICES 118.96
CI'TY OF NI'AGARA FALLS ~C~o[ ,~ AP5200 Page : 9
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount
R NICHOLLS DISTRIBUTORS INC 285028 22-~un-2004 MATERIALS 41.00
R V ANDERSON ASSOCIATES LIMITED 284849 15-~un-2004 CONSULTING SERVICES 8,535.33
RACINE, PETER 285184 29-]un-2004 REFUND 750.00
RACO AUTO SUPPLY LTD 285015 22-Jun-2004 MATERIALS 124.20
RAIMONDO, MIKE 285185 29-Jun-2004 REFUND 750.00
RAIN DRAIN RESTORATION INC 285393 06-]u1-2004 MAINTENANCE AND REPAIRS 9,617.11
RECEIVER GENERAL 284845 lS-~un~2004 REMEI'I'ANCE 174,646.37
RECEIVER GENERAL 285016 22-]un-2004 REMI'n'ANCE 224,871.49
RECEIVER GENERAL 285017 22-3un-2004 REMITrANCE 400.00
RECEIVER GENERAL 285186 29-.lun-2004 REMI'[-rANCE 169,327.38
RECEIVER GENERAL 285394 06-]u1-2004 REMTITANCE 172,080.84
RECEIVER GENERAL OF CANADA 285018 22-~un-2004 REMI'I-rANCE 36,750.00
REED CONSTRUCTION DATA INC 285019 22-~un-2004 CONTRACT SERVICES 680.86
RFIVOID,JARMILA 285282 29-]un-2004 REFUND 937.43
RESQTECH SYSTEMS INC 285026 22-]un-2004 MATERIALS 471.50
RIDGEMOUNI- QUARRIES LIMITED 285027 22-.lun-2004 MATERIALS 8,296.06
RIDGEMOUNT QUARRIES LIMITED 285188 29-3un-2004 MATERIALS 15,272.04
RIDGEMOUNT QUARRIES LIMITED 285396 06-~ul-2004 MATERIALS 9,247.16
RIVER REALTY DEVELOPMENT (1976) INC 285283 29~~un-2004 REFUND 10,443.18
ROBERT D HOWE 285398 06-Ju1-2004 ADMINISTRATIVE 1,496.63
ROBERTS,CYNTHIA 285397 06-]u1-2004 REFUND 100.00
ROCHESTER MIDLAND LIMITED 285029 22-2un-2004 MATERIALS 192.60
ROGERS, BRITNEY 285189 29-~un-2004 ADMINISTRATIVE 500.00
ROGERS WIRELESS INC 284848 15-]un-2004 UTILITIES 1,143.25
ROGERS WIRELESS [NC 285030 22-~un-2004 UTILITIES 647.30
ROSBERG STORES LTD 285284 29-~un~2004 REFUND 4,564.11
ROYAL AUTO COLLISION LIMITED 285285 29-.lun-2004 REFUND 329.38
ROYAL BANK 285433 06-~u1-2004 ADMINISTRATIVE 3,177.57
ROYAL BANK 285434 06-~u[-2004 ADMINISTRATIVE 2,917.17
ROYAL ENVELOPE LTD 285401 06-]u1-2004 MATERIALS 84.68
RUDAN EXPORTS IMPORT LTD 285286 29-3un-2004 REFUND 3,668.58
SAFE-fY EXPRESS LTD 284850 15-]un-2004 MATERIALS 507.98
SAFETY EXPRESS LTD 285031 22-2un-2004 MATERIALS 1,984.44
SAFETY EXPRESS LTD 285191 29-]un-2004 MATERIALS 653.57
SAFETY EXPRESS LTD 285402 06-~u1-2004 MATERIALS 1,278.43
SAFETY KLEEN CANADA INC 285190 29-Jun-2004 MATERIALS 858.89
SALC],TED 285032 22-.lun-2004 ADMINIS-rP, ATIVE 900.00
SCERBO,SUSAN 284851 15-~un-2004 ADMINISTRATIVE 76.00
SCHA'[Z, STANLEY 284852 15-~un-2004 ADMINISTRATIVE 100.00
SCHOFFRO,ROBERT 285403 06-~ul-2004 REFUND 750.00
SCIME,CRAIG 285192 29-Jun-2004 ADMINISTRATIVE 100.00
SCOTIABAN K 285033 22-~un-2004 ADMINISTRATIVE 5,036.52
SCOTIABANK 285404 06-]ul-2004 REMITTANCE 149,983.17
SCOTIABANK 285405 06-]ul-2004 ADMINISTRATIVE 613.56
SCOI-¥,]ESSE 285193 29-Jun-2004 ADMINISTRATIVE 800.00
SERIANNI CONSTRUCTION LTD 285034 22-]um2004 CONTRACT SERVICES 12,144.50
SHADOW GRAPHIC 285194 29-3un-2004 MATERIALS 5,117.50
SHAHEEN & PEAKER LTD 285195 29-~un-2004 CONSULTING SERVICES 5,547.95
SHAHEEN & PEAKER LTD 285406 06-]u1-2004 CONSULTING SERVICES 107.00
SHERATON FALLSV[EW HOTEL & CONFERENCE CENTRE 284853 15-Jun-2004 ADMINISTRATIVE 313.48
SHERW]N WILLIAMS 284854 15-]un-2004 MATERIALS 766.05
SHERWIN WILLIAMS 285035 22~]un-2004 MATERIALS 1,482.04
SHERWIN WILLIAMS 285196 29-Jun-2004 MATERIALS 636.26
SHERWIN WILLIAMS 285407 06-]u1-2004 MATERIALS 72.35
SICO INC 285036 22-]un-2004 MATERIALS 1,306.44
SIDOFF, ROBERT 285287 29-]un-2004 REFUND 991.04
SIGNATURE SIGNS 285037 22-]un-2004 MATERIALS 230.00
SIMPLEX GRINNELL 285408 06-]ul-2004 CONSULTING SERVICES 428.00
SINGULAR PRODUCTIONS LIMITED 284855 1S-Jun-2004 MAINTENANCE AND REPAIRS 2,298.85
CZ'P( OF NIAGARA FALLS ]~1~C~0~ ~ AP5200 Page: 10
MUNICIPAL ACCOUNTS
Supplier Name Cheque NO Cheque Date Purpose Amount
SMILE THEATRE 285197 29-~un-2004 MATERIALS 1,500.00
SMITH,LEE 285409 06-]ul-2004 REFUND 69.95
SMITH,SYDNEY 285198 29-]un-2004 ADMINISTRATIVE 500.00
SOIL MAT ENGINEERS & CONSULTANTS LTD 284857 15-~un-200~ CONSULTING SERVICES 1,498.00
SOIL MAT ENGINEERS & CONSULTANTS LTD 285199 29-3un-2004 CONSULTING SERVICES 321.00
SOIL MAT ENGINEERS & CONSULTANTS LTD 285410 06-9ul-2004 CONSULTING SERVICES 556.40
SORENSEN,DAN 284858 15-3un-2004 REFUND 115.00
SPECIALTY COMMERCIAL AND INDUSTRIAL LEASING LTD 285288 29-3un-2004 REFUND 507.66
SPECK INDUSTRIES INC 285200 29-]un-2004 MATERIALS 1,975.70
5PORTEXE 285412 06-~)ul-2004 MATERIALS 1,271.80
ST CATHARINES & DISTRICT SHRINE CIRCUS 284859 15-.)un-2004 REMI-I-FANCE 107.00
ST SAGA HOLDINGS INC 285289 29-]un-2004 REFUND 2,529.03
STAMFORD CENTRE VOLUNTEER FIREMENS ASSOCIATION 285413 06-]ul-2004 REMI'I-FANCE 160.00
STEED & EVANS LIMITED 285069 25-~un-2004 CONTRACT SERVICES 5,000.00
STEPHENS,TANYA 285202 29-~un-2004 ADMINISTRATIVE 228.56
STEVENSVILLE LAWN SERVICE INC 285038 22-~un-2004 CONTRACT SERVICES 7,302.75
STOLK CONSTRUCTION LTD 284860 15-]un-2004 REFUND 750.00
STREAMLINE 285203 29-~un-2004 MAINTENANCE AND REPAIRS 189.75
SUE TECH CONCRETE RESTORATION 285414 06-3ul-2004 MAINTENANCE AND REPAIRS 481.50
SUN LIFE OF CANADA 284861 15-~un-2004 REMITTANCE 176.69
SUN LIFE OF CANADA 285040 22-~un-2004 REMIq-rANCE 226,785.81
SUN LIFE OF CANADA 285415 06-]ul-2004 REMI'I'~ANCE 324.00
SUNCOR ENERGY PRODUCTS INC 285039 22-3un-2004 MATERIALS 1,388.53
SUPERIOR PROPANE INC 285041 22-]un-2004 MATERIALS 23.00
SUPERIOR PROPANE INC 285204 29-Jun-2004 MATERIALS 1,011.06
SUPREME)( INC 285205 29-~un-2004 MATERIALS 1,707.60
TELUS INTEGRATED COMMUNICATIONS 285043 22-1un-2004 UTILITIES 488.75
TELUS MOBILITY 284862 15-]un-2004 UTILITIES 6,099.87
TELUS MOBII.I'TY 285417 06-.1ul-2004 CONTRACT SERVICES 857.82
TELUS NATIONAL SYSTEMS INC 285044 22-~un-2004 CONTRACT SERVICES 431.25
THE CAMERA PLACE FOTO SOURCE 284863 15-9un-2004 MATERIALS 138.00
THE CAMERA PLACE FOTO SOURCE 285045 22-~un-2004 MATERIALS 28,75
THE DRAWING CENTRE 285418 06-]u1-2004 SUPPLIES 487.18
THE EQUIPMENT SPECIALIST INC 284864 15-]un-2004 LEASES AND RENTS 2,926.66
THE JACKET CELLAR 285047 22-3un-2004 MATERIALS 79.35
THE PEPSI Bo'n-LING GROUP 285207 29-3un-2004 SUPPLIES 1,006.50
THE REGIONAL MUNICIPALITY OF NIAGARA 284846 15-]un-2004 REMII-rANCE 2,300.00
THE REGIONAL MUNICIPALITY OF NIAGARA 284847 15-]un-2004 ADMINISTRATIVE 1,637,892.04
THE REGIONAL MUNICIPALITY OF NIAGARA 285020 22-3un-2004 ADMINISTRATIVE 313,402.50
THE REGIONAL MUNICIPALITY OF NIAGARA 285021 22-Jun-2004 ADMINISTRATIVE 130,967.50
THE REGIONAL MUNICIPALITY OF NIAGARA 285022 22-Jun-2004 ADMINISTRATIVE 1,355,631.20
THE REGIONAL MUNICIPALITY OF NIAGARA 285023 22-]un-2004 CONTRACT SERVICES 4,123.23
THE REGIONAL MUNICIPALITY OF NIAGARA 285024 22-~un-2004 CONTRACT SERVICES 5,564.00
THE REGIONAL MUNICIPALITY OF NIAGARA 285025 22-~un-2004 MATERIALS 153.10
THE REGIONAL MUNICIPALITY OF NIAGARA 285187 29-~un-2004 ADMINISTRATIVE 1,420,847.78
THE REGIONAL MUNICIPALITY OF NIAGARA 285395 06-]ul-2004 MATERIALS 3,687.78
THE REVIEW 284866 15-3un-2004 ADMINISTRATIVE 222,22
THE REVIEW 285049 22-3un-2004 MATERIALS 10,181.18
THE REVIEVV 285420 06-]ul-2004 ADMINISTRATIVE 197,74
THE REVIEVV 285435 06-3ul-2004 ADMINISTRATIVE 188.32
THE SOCIETY OF MANAGEMENT ACCOUNTANTS OF ONTARIO 285421 06-3ul-2004 REMI~ANCE 719.04
THE UNIFORM GROUP [NC 285290 29-3un-2004 MATERIALS 3,445.75
THOMPSON,TAMMY 285208 29-3un-2004 ADMINISTRATIVE 700.00
THOROWEST PLAZA LTD 285291 29-3un-2004 REFUND 5,316.82
TOMCO RENOVATION 284867 15-3un-2004 CONTRACT SERVICES 535.00
TORONTO STAMP INC 285050 22-]un-2004 MATERIALS 30.20
TO'~EN SIMS HUBICKI ASSOCIATES 284868 15-3un-2004 CONSULTING SERVICES 287.36
TO'I-fEN SIMS HUB]CKI ASSOCIATES 285051 22-]un-2004 CONSULTING SERVICES 15,827.27
TRAILERS NIAGARA MFG 285052 22-3un-2004 MATERIALS 1,155.75
CZTY OF NIAGARA FALLS ~eC~ol J~ AP5200 Page : 11
MUNICIPAL ACCOUNTS Nm OFOII IJ I'
Supplier Name Cheque No Cheque Date Purpose Amount
TRAPASSO, FRANCESCO& TRAPASSO, GUIDFITA 285292 29-3un-2004 REFUND 2,044.28
TRI CITY CURB CU1TING INC 285209 29-3un-2004 CONTRACT SERVICES 716.72
TROW CONSULTING ENGINEERS LTD 285210 29-Jun-2004 CONSULTING SERVICES 454.75
UNITED PARCEL SERVICE 285211 29-.lun-2004 REM1TrANCE 14.40
UNITED WAY 284869 15-Jun-2004 ADMINISTRATIVE 120.00
UN]TED WAY 285053 22-Jun-2004 REMITTANCE 1,424.00
UNUM LIFE INSURANCE COMPANY 285054 22-3un-2004 REMI-CFANCE 1,143.68
URBAN & ENVIRONMENTAL MANAGEMENT INC 28S055 22-3un-2004 CONSULTING SERVICES 14,161.67
V GIBBONS CONTRACTING LTD 285424 06-]u1-2004 CONTRACT SERVICES 15,020.06
VADIM COMPUTER MANAGEMENT GROUP LTD 284870 15-Jun-2004 ADMINISTRATIVE 13,092.50
VALUE ADDED SYSTEMS INC 285056 22-.1un-2004 EQUIPMENT 8,239.75
VECTOR TOOLING 284871 15-~un-2004 MATERIALS 171.20
VOLPINI,TONY 284872 15-Jun-2004 DONATION 45.00
W H REYNOLDS CAMBRIDGE LTD 284874 15-.lun-2004 MATERIALS 641.24
WALKER BROTHERS QUARRIES LTD 284873 15-.lun-2004 MATERIALS 6,295.65
WALKER BROTHERS QUARRIES LTD 285057 22-.lun-2004 MATERIALS 5,819.21
WALKER BROTHERS QUARRIES LTD 285212 29-1un-2004 MATERIALS 1,539.04
WALKER BROTHERS QUARRIES LTD 285425 06-1u1-2004 MATERIALS 3,773.22
WARNER,BILL 285213 29-~un-2004 ADMINISTRATIVE S00.00
WASHINGTON MILLS ELECTRO MINERALS CORP 285293 29-Jun-20C4 REFUND 55,051.26
WA'IT, DAVID 285058 22-~un-2004 ADMINISTRATIVE 81.78
WATf, DAVID 285426 06-~ul-2004 ADMINISTRATIVE 104.01
WAYNE SAFETY INC 285059 22-]un-2004 MATERIALS 248.40
WAYNE SAFETY INC 285427 06-~u1-2004 MATERIALS 248.40
WEIR FOULDS 285060 22-3un-2004 CONSULTING SERVICES 42,258.92
WEIR FOULDS 285428 06-]ul-2004 CONSULTING SERVICES 29,375.00
WELKER, KENDALL 285214 29-3un-2004 REFUND 250.00
WESTBURNF_/RUDDY 285061 22-.1un-2004 MATERIALS 27,915.52
WESTBURNE/RUDDY 285215 29-]un-2004 MATERIALS 1,193.25
WH'~TE,BARRY& WHYTE, 3OYCE 284875 15-Jun-2004 REFUND 1,671.34
WILSON,DONALD 285294 29-3un-2004 REFUND 181.60
WILSON,RICHARD 284876 15-]un-2004 ADMINISTRATIVE 108.25
WINGER,TERRI 285216 29-3un-20C4 ADMINISTRATIVE 65.00
WOLSELEY WATERWORKS GROUP 285217 29-~un-2004 MATERIALS 4,091.24
WOMEN'S PLACE OF SOUTH NIAGARA INC 285062 22-1un-2004 GRANT 2,083.33
WRIGHT FUELS INC 285063 22-Jun-2004 MATERIALS 18,542.71
WRIGHT FUELS INC 285218 29-3un-2004 MATERIALS 14,522.16
WSIB 284877 15-]un-2004 ADMINISTRATIVE 11,583.90
WSIB 285429 06-3ul-2004 REMITTANCE 12,861.95
WYLIE,BRENDA 285430 06-3ul-2004 ADMINISTRATIVE 357.13
YARNELL OVERHEAD DOOR 285431 06-~ul-2004 CONTRACT SERVICES 459.96
YMCA 285064 22-3un-2004 GRANT 7,500.00
YMCA 285065 22-3un-2004 REMI'I-rANCE 940.98
YOUNG SOD FARMS LTD 284878 15-3un-2004 MATERIALS 1,278.29
YOUNG SOD FARMS LTD 285066 22-~un-20C4 MATERIALS 133.41
Total: 20,222,667.34
Corporate Services Department L-2004-30
~K~&, Legal Services R.O. Kallio
City
of
Niagara
P.O. Box 1023
Canada ~~ Niagera Fells ON L2E 6X5
TeL: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city, niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-30
Proposed Permanently Closing
of part of Brock Street, Plan 338
Our File No. 2003-234
RECOMMENDATION:
That this will constitute notice to the public that at its meeting to be held on the 16th day of August,
2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00
p.m., the Council of The Corporation of the City of Niagara Falls will consider a by-law to authorize
the permanent closing of part of Brock Street, Plan 338 being parts 1, 2 and 3 on 59R- 12450,
("subject lands") as shown hatched on the Reference Plan attached as Schedule "A". The contact
person is the writer of this report.
BACKGROUND:
Report L-2004-18, a copy of which is attached as Appendix "l" was presented to Council on March
22, 2004 authorizing Staffto commence proceedings to permanently close part of Brock Street, Plan
338. The parts are shown hatched on the Reference Plan attached as Schedule "A".
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
July 12, 2004 -2- L-2004-30
Staff has no objections to permanently closing the subject lands.
Prepar6d by: Respectfully submitted:
Re~'~ended by:
· City/Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MMdlb
attachs.
SCHEDULE "/I"
Corporate Services Department L-2004-18
PENDIX .. ___
_, ~. O. Kallio
Niogoro Folls~ P.O. Box m23
Conodo ~~ Niagara Falls, ON ~E6X5
~~ web site: ~.ci~.niagarafalls.on.ca
Tel.: (905) 356-7521 ] The r~ommendation(s)
Fax: (905) 371-2892 contain~ in this repeal were
E-mail: rkallio~ci~.niagarafalls.on.~ ~ adopt~ by Ci~ Council
March 22, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-18
Permanently Closing Part of Brock Street
and Conveyance of an unopened Road
Allowance to Abutting Owners
Our 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 Stxeet, being part of Plan 338,
Willoughby, located west of Niagara River Parkway and noFth of Sherk Road, shown in heavy
outline on the Plan attached as Schedule "A" (subject lands).
BACKGROUND:
Staffreceived a request from an abutting owner to permanently close the subject lands and convey
same to the abutting owners. The subject lands are part of unopened road allowance approximately
66 feet in width and 262 feet in length. The subject lands are located at the ~ear of three homes
fronting the Niagara River Parkway and one home fronting Sherk Road. Permanently closing and
disposing of the 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.
IYorMng Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
March 22, 2004 -2- /-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 £or Council's
consideration once the road is permanently closed.
~?by: / Respectfully submitted:
~/Chief Administrative Officer
d by:
City Solicitor
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
64253022'7
642530223
642530231
64252001~
Hat 11, 2004 w E
Teranet Customer Service Centre: 1-800-208-5263 (Toronto: 416-360-1_190)
Corporate Services Department L-2004-33
The City of ~ Legal Services R.O. Kallio
Niagara
P.O Box 1023
CQn~~ Niagara Falls, ON L2E 6X5
~- ~ web site: ~.ci~.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio~ci~, niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-33
Licence Agreement with The Bruce Trail Association
Proposed closing of part of an unopened road allowance
between Gore Lot between Township of Stamford
and Niagara (known as Gore Lot 9); and Township Lot 7 Stamford;
Part of road allowance between Stamford and Niagara
(known as Gore Lot 8) and Township Lot 7 Stamford;
lying between Mewburn Road and DP362
Our File No. 2003-234
RECOMMENDATION:
That this will constitute notice to the public that at its meeting to be held on the 16th day of August,
2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00
p.m., the Council of The Corporation of the City of Niagara Falls will consider a by-law to authorize
the permanent closing of part of unopened road allowance between Gore Lot between Township of
Stamford and Niagara (known as Gore Lot 9); and Township Lot 7 Stamford; Part of road allowance
between Stamford and Niagara (known as Gore Lot 8) and Township Lot 7 Stamford; lying between
Mewburn Road and DP362 ("subject lands") as shown hatched on the Reference Plan attached as
Schedule "A'. The contact person is the writer of this report.
BACKGROUND:
Report L-2004-16, a copy of which is attached as Appendix "1" was presented to Council on March
22, 2004 authorizing Staff to commence proceedings to permanently close the subject lands as
shown on the plan attached as Schedule "A'.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
July 12, 2004 -2- L-2004-3:~
Staff has no objections to permanently closing the subject lands.
Prepare~,: Respectfully submitted:
Mary M)jfTone
Law Cl~rk (~ht~ef~adCmDi~insa~rdative Officer
RecoTended by:
' City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
SCHEDULE '~"
Corporate Services Department L-2004-16
The City of Legal Services R. O, Kallio
Niagclra FollslJl~lr 4310 Queen Street City Solicitor
P.O. Box lO23
Niagara Fails, ON L2E6X5
~-r web site: www.city.niaga rafalls.on.ca
Tel.: (905) 356-7521 ] The recommendation(s)
Fax: (905) 371-2892 contained in this report were
E-mail: rkallio@city, niagarafalls.on.ca adopted by City Council ] ,..-
March 22, 2004 X
His Worship Mayor Ted Salci
and Members of the Municipal Council Z
City of Niagara Falls, Ontario LL[
Memb ers:
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:
I. That a Licence Agreement for the lands being described as follows:
Parcel I - Part of Township Lot 5 being the ("the subject lands") shown in heavy outline on
Schedule "A attached;
Parcel 2 - Part of an unopened mad allowance between Gore Lot between Township of
Stamford and Niagara; and part of Township LOt 7 Stamford; lying between Mewbum 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 Brace Trail Association ("BTA"), for it and the general public to
use a portion of the subject lands being 10 metres in width ("the Trails") shown dotted on
Schedules "C" and "D"res-~A':-- ' ~ '
r~,:uvc~y, [or recreabonal trails to form part of an escarpment trail
known as the Brace Trail, for nominal consideration.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systercs gegai · Planning & Development
March 22, 2004 - 2 - L-2004-16
2. That Staff be 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 Mewbum Road and DP362 located so~th of
Warner Road, west of Mewbum Road and east of the Queen Elizabeth Highway, ( Road
Allowance") shown hatched on Schedule "B', attached to this report (PIN 6426%0146).
BACKGROUND:
Parcel I 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 from BTA 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 Liceneo Agreement with BTA. 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;
· BTA 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 iks 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 l~imitted;
(iv) keeping the Trails in good condition and repair, free 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. BTA shall take out and keep in force
comprehensive general liability insurance in the minimum mount of $2,000,000.00;
· the City and BTA may terminate the Licence Agreement upon six month's written
notice;
March 22, 2004
I--2004~16
Staff does not have any objections with respect to entering into a Licence Agreement with BTA and
the general public to use the Trails, for recreational purposes to form part of the escarpment trail
known as the Bruce Trail, to be used for cross-country skiing, hiking, walking and jogging, for
nominal consideration.
Staffdoes not have any objections to the request to pennan ntly close the
on Schedule "B". e Road Allowance as shown
Prepar/ea~/y: /
../"~' /// .~. Respectfully submitted:
LU
Law Cler!~ r
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MM/lb
APPENDIX ".~--"
"~,
SCHEDULE .i,..,..,,-
APPENDIX
SCHEDULE
APPENDIX "_/_."
Community Services Department MW-2004-109
The City of J~l~ Municipal Works Ed Dujlovic
Niogoro Foils lJ~,~l~ 4310p.o. BoxQUeen1023Street Director
C(]n~,~" Niagara Falls, ON L2E 6X5
~1~~~ -I~ web site: www.city.hiagarafalis.on.ca
Tel: (905) 356-752'~
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on,ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-109
Contract 2004-09
2004 Crack Sealing Program
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Roadmaster Road
Construction & Sealing Ltd., be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened
tenders on Thursday, June 10, 2004 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by five (5) Contractors and four (4) bids were received. The
bid submitted by David S. LaFlamme Construction Inc. was incomplete and rejected.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
four (4) Contractors.
1. Roadmaster Road Const. (Weston) $ 71,400.00
2. Niagara Crack Sealing (Port Colbome) $ 82,400.00
3. Road Savers Ltd. (Rexdale) $ 84,050.00
4. David S. LaFlamme Const. Inc. (Stittsville) Incomplete Bid
The lowest tender was received from Roadmaster Road Construction & Sealing Ltd., in the
amount of $ 71,400.00. To the best of our knowledge, this Contractor has not performed any
works for the City. Staff contacted the Town of Newmarket, City of Brampton, Region of York,
and the Ministry of Transportation (MTO) in Owen Sound where this company has performed
similar work. These Cities and the MTO all indicated that they would use this company again.
We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this
project.
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July 12, 2004 -2- MW-2004-109
Financing:
The Engineer's estimate for this contract was $63,000.00.
Project Costs:
Awarded Contract $ 71,400.00
Net G.S.T. 3% $ 2,142.00
TOTAL $ 73,542.00
Funding:
2004 General Purpose Budget
Roadway Services
Account No. 11-3-311000-040000 $65,500.00
TOTAL $65,500.00
A letter was sent to the Contractor on June 14, 2004, outlining the City's 2004 Crack Sealing
budget and to see if Roadmaster Road Construction & Sealing Limited was still interested in
carrying out this contract up to the budgeted amount. The Contractor replied and is still
interested in completing this contract. This project is scheduled to commence on August 3, 2004,
and all work is to be completed by September 3, 2004.
Council's concurrence with the recommendation made would be appreciated.
Prepared by: . ,~ , _.Respectfully submitted:
Mike DiPaola / ]6hn MacDonald
Project Manager L/Chief Administrative Officer
Approved by:[
[Director of Municipal Works
Community Services Department MW-2004-11 5
· ~1~/ Municipal Works
The Qty of
Ed
Dujlovic
...... ~--, 4310 Queen Street
1,41ggQrQ I-QII$ Director
_ . lJ P.O. Box 1023
L, cln~,~' Niagara Fails, ON L2E 6X5
~T'~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih ed ujlovi@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-115
Portable Diesel Powered Sewage Pump
Contract 2004-111-01
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, John Brooks Company Limited
be accepted. The City's net cost for this piece of equipment by virtue of funding arrangements in
place with both the Ontario Great Lakes Renewal Foundation and the Regional Municipality of
Niagara, is 33% of the pumhase price, $ 27,266.70 excluding G.S.T.. This pumhase has been
provided for in the 2004 Capital Works Budget, account number 12-3-410000~030000.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders
on Tuesday, June 15, 2004 at 1:30 p.m. for the above noted purchase.
Tender documents were delivered to three suppliers and one bid was received.
The lowest and only bid was received from John Brooks Company Limited in the amount of
$82,626.35 excluding G.S.T.. This particular pump will be used for the High Rate Treatment Pilot
Study for approximately one year and will then be deployed to our works yard for use in the
alleviation of basement flooding during times of heavy rain by either the Regional Municipality of
Niagara or City forces.
The City currently owns two six-inch pumps of the same brand being purchased. Both six inch
pumps are now in excess of 15 years old and in need of replacement. This cost sharing agreement
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
July 12, 2004 -2- MW-2004-115
will provide both Region and City forces with a larger and more reliable unit for flood control
purposes in the long term.
This H.R.T. pilot project is scheduled to commence in approximately six weeks and be completed
by November of 2005 at which time the pump will be converted for general use
Council's concurrence with the recommendation is requested.
Prepared by: Respectfully submitted:
David Watt [ ] John MacDonald ~
Manager of Infrastructure '-' Chief Administrative Officer
A~e~
_~dclEd Dujlovic
Director of Municipal Works
S:\REPORTS~004 Reports\MW-2004-115 Tender 16-2004 Diesel Powered Sewage Pump.wpd
Community Services Department MW-2004-116
]'he City of MunicipalWorks Ed Dujlovic
.,. - .., Ii~., 4310 Queen Street Director
NlOgoro I"CIIIS
-- , S IJ~..P.O. Box 1023
r,..clnQ~.~,~(~ Niagara Falls, ON L2E 6X5
~F web site: www.city.niagarafalls.on.ca
Tel,: (905) 356-7521
Fax: (905) 356-2354
E-mail: ed ujlovi@city.niagarafalls,on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-116 - Consultant Appointment,
High Rate Treatment Pilot Study Phase II
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of
Niagara Falls enter into a Consulting Services Agreement with R.V. Anderson Associates Limited
for the engineering Services required for the joint Regional Municipality of Niagara and City of
Niagara Falls High Rate Treatment Pilot Project for the upset limit of $73,050 excluding GST. The
City's share of this cost will be a maximum of 33% or $24,106.50. This assignment has been
provided for in the 2004 Capital Works Budget, account number i2-3-410000-030000.
BACKGROUND:
The City of Niagara Falls in conjunction with the Regional Municipality of Niagara, Environment
Canada and the Ontario Great Lakes Renewal Foundation are working cooperatively on a project to
identify the effectiveness of two commonly available combined sewer overflow treatment units at
the largest sewer overflow in Niagara Falls, the Muddy Run Dropshaft to the Niagara River.
Approved background council reports for this project include but are not limited to the following:
Report # Title Date
MW-2003-136 Ontario Great Lakes Renewal Foundation Funding 11/08/2003
MW-2003-196 Pilot High Rate Treatment Consultant Selection 11/17/2003
This particular project will result in substantial savings in the long term by providing a cost-effective
alternative to combined sewer overflow control for the High Lift Pump Station tributary areas
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
July 12,2004 - 2 - MW-2004-116
primarily in the south end of Niagara Falls. Please reference the aforementioned reports for a more
detailed explanation of the goals of the project. In addition a copy of both the terms of reference and
the consultant's proposal is attached.
The City of Niagara Falls Engineering Services Department has assumed the lead for this project on
behalf of all the partners and has completed the first phase of the proj oct in conjunction with R.V.
Anderson. A preliminary draft design has been completed and the materials necessary for the proj oct
have been purchased.
Phase II of the project, this consultant assignment, includes: completion of the final design,
preparation of the necessarytender documents and supervision of the construction of the test facility.
The test facility should be operational within the next two months.
Council's concurrence with the above recommendations is requested.
Prepared by: Respectfully submitted:
David Watt ~qhn MacDonald
Manager of Infrastructure & Environment Chief Administrative Officer
Approved by:
~flEd~uj loJ~
~Director of Municipal Works
S:XREPORTS~2004 Reports\MW-2004-116 Pilot HRTConsultant Selection Phase II.wpd
R.V. Anderson ited 76 Division Street, Suite 405
Associates Lim Weiland, OntarioL3B3Z7Canada
Telephone: 905.735.3659 Fax: 905.735.9299
Welland@rvanderson.cem www,rvanderson.com
June 21, 2004
RVA 6142
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Attention: Mr, Dave Watt, eLS, OLIP
Manager of Infrastructure
Dear Sir:
Re: Regional Municipality of Niagara and City of Niagara Falls
Central Combined Sewer Overflow High Rate Treatment Pilot Project
Proposal for Consulting Engineering Services
Design and Contact Administration Phase
As you are aware the preliminary engineering phase of the project has been completed
and we are currently proceeding as instructed with the final design of the Pilot Project.
The purpose of this letter is to address the engineering budget required to complete the
final design and carry out the necessary contract administration during construction.
The following Table outlines our budget estimate to complete the design and contract
administration phases.
Table 1 - Additional Budqet for Final Desiqn and Contract Administration
PHASE FEES DISBURSEMENTS SUBTOTAL
1. Final Design $49,800 $2,500 $52,300
2. Contract Administration
a) Office Supervision $11,250 $300 $11,550
b) Field Inspection $12,000 $850 $12,850
Total Amount $73,050 $3,650 $76,700
Please note that Professional fees for work performed shall be invoiced for the actual
time expended, at rates based on our "2004 Billing Rate Schedule. These rates are
reviewed on an annual basis and may be subject to change.
Mr. Dave Watt, OLS, OLIP - 2 - June 21,2004
The fees associated with contract administration are based on an eight-week
construction period, with both part-time office and field inspection.
Office supervision is based on 1.5 days per week, while field inspection is based on
2 days per week (10 hour days).
Per Diem and hourly rates for each project member are noted as follows:
Project Member Discipline Hourly Per Diem
Rate Rate
V. Raun, P. Eng. Project Director $155 $1,162.50
J. Perrotta, P. Eng. Project Manager/ $125 $ 937.50
Contract Admin
M. Khalid, P. Eng. Electrical $125 $ 937.50
R. Bartolomeau, CET Instrumentation/Controls $110 $825.00
P. Capello, CET Mechanical $100 $750.00
N. Mezaini, P. Eng. Structural $115 $862.50
V. Grande, EIT Contract Admin $ 70 $ 525.00
Sam DeRose, P. Eng. Field Inspection $75 750.00
The total estimated engineering service fees for this assignment will not be exceeded
without prior written approval from the City.
We trust that the above information is satisfactory and that you can provide written
confirmation that fees are acceptable.
If you have any questions or require clarification, please do not hesitate to contact the
undersigned.
Yours very truly,
R.V. ANDERSON ASSOCIATES LIMITED
Joe Perrotta, P. Eng.
Project Manager
cc: Mr. P. Baker, P. Eng. - Region of Niagara
RVA 6142
R.V. Anderson ited 76 Division Street, Suite405
Associates Lim Welland, Ontario L3B 3Z7 Canada
Telephone: 905.735.3659 Fax: 905.735.9299
Welland@rvanderson.com www.rvanderson.com
June 23, 2004
RVA 6142
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Attention: Mr. Dave Watt, OLS, OLIP
Manager of Infrastructure
Dear Sir:
Re: Regional Municipality of Niagara and City of Niagara Falls
Central Combined Sewer Overflow High Rate Treatment Pilot Project
Proposal for Consulting Engineering Services
Design and Contact Administration Phase
Further to our letter of June 21, 2004 and our subsequent telephone discussion please
find enclosed a breakdown of the design fees by discipline, and a tentative schedule for
design and construction.
Table 1 below provides a breakdown of the engineering fees by discipline
Table t :Breakdown of Detailed Design Engineering Fee Estimate
Item Description Fee
1. Structural (incl. drafting) $13,500
2. Electrical (incl. drafting) $13,800
3. Mechanical (incl. drafting) $3,500
4. Process/Civil (incl. drafting) $12,000
5. Preparation of Tender Documents and $6,000
Tender Call
6. Project Management $1,500
Subtotal $50,300
Disbursements $2,000
Total $52,300.00
Amount
Mr. Dave Watt, OLS, OLIP - 2 - June 21, 2004
Table 2 is tentative timetable of activities associated with the detailed design, tendering
and construction
Table 2: Tentative Schedule of Activities
Activity Duration Completion Date of
Associated Activity
Complete Detailed Design 3 weeks July 19, 2004
Review with Client 2 days July 21, 2004
Drawing Modifications 3 days July 26, 2004
Tender By Invitation 2 weeks August 9, 2004
Review and Recommendation 2 days August 11, 2004
Award by City 1 week August 18, 2004
Contract Execution 1 week August 25, 2004
Duration of Construction 8 weeks October 20, 2004
Start-up and Testing 1 week October 27, 2004
If you have any questions or require clarification, please do not hesitate to contact the
undersigned.
Yours very truly,
R.V. ANDERSON ASSOCIATES LIMITED
Joe Perrotta, P. Eng.
Project Manager
cc: Mr. P. Baker, P. Eng. - Region of Niagara
RVA 6142
Community Services Department MW-2004-117
lhe City of Municipal Works Ed Dujlovic
Niogoro
P.O. Box 1023
Col~do ~~' Niagara Falls, ON L2E 6X5
~1~¢-r web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls
Members:
Re: MW-2004-117 - Contract 2004-03
2004 Asphalt Overlay & Road Rehabilitation Program
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be
accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of a representative of the City Clerk, Mr. Ray
Miller, opened tenders on Tuesday, July 6, 2004 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by five (5) Contractors and five (5) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the five
(5) Contractors.
1. Norjohn Limited (Thorold) $ 533,300.00
2. Rankin Construction Inc. (St. Catharines) $ 617,375.00
3. Economy Paving Co. Ltd. (Niagara Falls) $ 625,000.00
4. Steed & Evans Ltd. (Thorold) $ 636,788.00
5. Hard Rock Paving Co. Ltd. (Port Colbome) $ 701,605.00
The lowest tender was received from Norjohn Limited in the amount of $ 533,300.00 This
Contractor has previously performed similar type projects for the City. We are therefore, of the
opinion, that this Contractor is capable of successfully undertaking this project.
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Municipal Works Fire Services Parks, Recreation & Culture Business Development
July 12, 2004 - 2 - MW-2004-117
Financing:
The Engineer's estimate for this contract was $645,000.00
Project Costs:
Awarded Contract $ 533,300.00
Net G.S.T. 3% $ 15,999.00
TOTAL $ 549,299.00
Funding:
2004 General Purposes Budget
Roadway Services
Account No. 11-3-311000-080001 $ 650,000.00
Cemetery Site Improvements
Roadway Reconstruction
Account No. 11-3-541000-040000 $ 16,000.00
TOTAL $ 666,000.00
This project is scheduled to commence on July 26, 2004, and all work to be completed within 50
working days. Additional streets may be added to meet the budgeted amount.
Council's concurrence with the recommendation made would be appreciated.
Prepared b : Respectfully submitted:
Mike DiPaola John MacD~na
Project Manager dministrative Officer
A~ -_
..Ed 1Dujlovi-c, P.Eng
Director of Municipal Works
S \REPORTS/2O04 Reporls/MW 2004. I 17 2004 Asphalt Overlay & Road Rehabilitation Program wpd
Community Services Department MW-2004-118
The City of ~ Municipal Works Ed Dujlovic
· 4310 Queen Street
?.,ogor? Fo,s lJp.o. 8ox 4023 D,rector
L. QFIQQQ~,~~ Niagara Fails, ON L2E 6X5
~-~ web site: www.city.niagarafalls.on.ca
Tel,: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on .ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-118
Contract 2004-136-04
2004 New Sidewalk Construction
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Sacco Construction
Limited, be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of a representative of the City Clerk, Mr. Ray
Miller, opened tenders on Thursday, July 8, 2004 at 1:30 p.m. for the above noted contract.
Tenders were picked up by four (4) Contractors and four (4) bids were received.
Listed below is a summary of the totaled tendered prices, excluding GST, received from the four (4)
Contractors, together with the corrected bids *.
1. Sacco Construction Limited (Niagara Falls) $ 317,615.00 *
2. Centennial Construction (Niagara-on-the-Lake) $ 331,337.50 *
3. Steed & Evans Limited (Thorold) $ 343,989.75
4. Alfidome Construction (Niagara Falls) $ 355,740.00
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I I I
July 12, 2004 - 2 - MW-2004-118
The lowest tender was received from Sacco Construction Limited, in the amount of $ 317,615.00.
This Contractor has previously performed similar type projects for the City. We are therefore, of the
opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $350,000.00.
Project Costs:
Awarded Contract $ 317,615.00
Net GST 3% $ 9,528.45
TOTAL $ 327,143.45
Funding:
2004 Capital Projects Budget
Account No. 12-3-310000-030000 "R6" $ 280,000.00
Development Charges $ 52,000.00
Developer Cost $ 17,500.00
TOTAL $ 349,500.00
The streets that are included in this contract are as follows:
Kalar Road (east side), from Thorold Stone Road to TS&T
Montrose Road (west side), at Shriner's Creek
Mewbum Road (east side), from Scholfield Road to town house development
Murray Street (north side), at 6333 Dawlish Avenue, west of Dawlish Avenue
Lundy's Lane (south side), from Kalar Road to east of Garner Road
Culp Street (south side), from Corwin Avenue to Carlton Avenue (PROVISIONAL)
Corwin Avenue (west side), from Stokes Street to north of Culp Street (PROVISIONAL)
Huggins Street (north side), from Portage Road to Marlborough Place
Sinnicks Avenue (missing pieces), from south of Keith Street to north of Atlas Street
Mountain Road (south side), fi'om west of Woodfield Avenue to west limit of Mt Forest Vt
Subdivision (DEVELOPER COST)
July 12, 2004 - 3 - MW-2004-118
At the time of writing this report, no objections were received from the residents/businesses on Kalar
Road, Montrose Road, Mewburn Road, Lundy's Lane, Huggins Street, Sinnicks Avenue, or
Mountain Road. Objections were received from two (2) residents on Culp Street and one (1) resident
on Corwin Avenue.
On April 14, 2004, a letter was received by Princess Margaret Public School requesting for sidewalks
along Culp Street, from Corwin Avenue to Carlton Avenue, and on Corwin Avenue, from Stokes
Street to north of Culp Street. On September 25, 2000, members of the Community Services
Committee recommended that no sidewalk be constructed on Culp Street and Corwin Avenue (MW-
2000-110).
A report wilt be presented to City Council at the next meeting on August 16, 2004, that will ask for
Council to make a decision regarding the construction of the sidewalks on Culp Street and Corwin
Avenue. Therefore, both Culp Street and Corwin Avenue are subject to receiving Council approval
prior to the Contractor commencing any work on these two streets.
This project is scheduled to commence on August 9, 2004, and all work is to be complete within 50
working days.
Council's concurrence with the recommendation made would be appreciated.
Prepared by: // , Respectfully submitted: .,
Mike DiPaola John MacDonald .
Project Manager C Chief Administrative Officer
Approved by:
d ~c, p.~Eng
~irect~r o~M~'~ici;al Works
S:kREPORTSk2004 ReportskMW-2004- I 18 New Sidewalk Coastmction.wpd
Community Services Department MW-2004-124
· jl~,/~ Municipal Works
The Qty of
Ed
Dujlovic
..... ~. 4310 Queen Street
Director
INIQgarQ h(:]llS
_ . 5 ~JkP.O. Box 1023
~a13~,~" Niagara Falls, ON L2E 6X5
~f'~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih edujlovi@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-124
Consulting Services for Pavement Management
RECOMMENDATION:
It is recommended that the ERES Consultants be retained at a cost of $ 30,000 excluding G.S.T.
to perform a Pavement Management System Data Update and staff training.
BACKGROUND:
City Engineering Services Staff conducted a road condition assessment in 2001 that determined the
condition of each City-owned section of road relative to one another. The 2001 survey completed
the first phase of an objective and proactive pavement management plan.
The intent of the plan is to show the deterioration of our road network over time due to weather,
increased traffic load and other factors in order to establish a funding regime that promotes a
minimum service level for all of the roads in our inventory.
City staff is in receipt of a proposal to conduct a follow-up inspection while training Infrastructure
Section Staff to conduct inspections in subsequent years. The consultant will also define prediction
models based on the new and old data to show the rate of deterioration on a system wide basis. These
predictive models do not currently exist of the Niagara Falls road network and need to be defined
by a qualified pavement professional.
The consultant will also provide Council and staff with a status of the road network report outlining
a recommended general funding level to sustain a given customer service level or condition rating
on a network basis in the long term.
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July 12, 2004 ~ 2 - MW-2004-124
The result of this pavement assessment will be combined with condition ratings for the sewer and
water infrastructure under each road section to give an overall picture of the condition of all City-
o~vned assets on any given street section. This approach should prevent the premature or out of phase
replacement of underground infrastructure or pavement and promote the wholesale replacement of
all infrastructure on a given road section on a priority basis.
ERES consultants have performed satisfactory work in the past for the Engineering Section with
respect to both pavement management inspection and analysis. A report will be presented to Council
later in the year outlining the findings of the project. This project will be funded from the 2004
operating budget line item Pavement Management.
Council's concurrence with the above recommendation is requested.
Prepared by: ~,~pectfully submitted:
David Watt hn MacDonald ~
Manager of Infrastmctare & Environment ~chihnJAdministrative Officer
Approved by:
E d D~'Ii~
~,~_~ uj ovic, .Eng.
T"~Director of Municipal Works
S:\REPORTSL2004 Reports\MW-2004-124 Consulting Services for Pavement Management.wpd
PEOP[E A.'I 0 VER PRO/E T o,
N~agara Falls I1~1~.
Edward P. Lustig can~~~ ~',~*'
Director 4310 Queen Street ~ ~
Niagara Falls, ON L2E 6)(5
Tel: (905) 356-7521 Ext. 4203
Fax: (905) 358-3910
E-mail: elusti§~,city nia,qarafalls.on.ca
His Worship Mayor Ted Salci July 12, 2004
and Members of the Municipal Council
City of Niagara Falls, Omario
Members:
Re: PMP-2004-02 - Niagara Falls People Mover Project
- Ridership and Revenue Study with URS Corporation
RECOMMENDATION:
That Council pass the by-law appearing on tonight's agenda to confirm its decision to authorize
the above noted agreement with URS Corporation.
BACKGROUND:
At is meeting of June 14, 2004 Council approved Report M-2004-01 which dealt primarily with the
short listing of responses to the Request for Proposals (RFP1) for this Project. The report also,
however, included the following paragraph relative to the undertaking of a Ridership and Revenue
Study as the next step in the process:
"At the Steering Committee Meeting on June 4th, Members also endorsed the undertaking of
a Ridership and Revenue Study as the next step in the process. The purpose of this study is
outlined in the sheet attached to this report. The Terms of Reference for the Ridership and
Revenue Study have been developed by Totten Sims Hubicki and approved by the Steering
Committee. The cost of the study in the estimated amount of several hundred thousands of
dollars has been agreed to be paid for by Falls Management Company. The selection of a
company to undertake this study will occur this month with an authoriz'mg by-law to be
submitted to Council for approval at the end of June or early July. The Ridership and Revenue
study will be undertaken within a 4 to 6 month period during which time various other tasks
required to conclude an RFP2 document for distribution by the end of the year will be
undertaken by our Technical Advisory Team. The release of the RFP2 document will mark
the commencement of a competition between the short listed groups to produce a proposal for
the Project that is acceptable to the City, its partners and the community."
The procurement by way of invited bids for this Study has now been concluded on behalf of the
Steering Committee for the Project by Totten Sims Hubicki. It is their recommendation that the City
engage the firm of URS Corporation to undertake this Study (Phase 1) at an amount not to exceed
July 12, 2004 - 2 ~ PMP-2004-02
U.S. $316,000 (Cdn approximately $425,000). The cost for this work is to be borne emirely by Falls
Management Company. The Technical Advisory Committee and the Steering Committee for the
Project have agreed with this recommendation which is attached hereto. Last week by poll Council
accepted this recommendation and this report and the by-law appearing on tonight's agenda will
confirm Council's decision.
Prepared by: Respectfully submitted:
Edward P. Lusti~ J~o~ Mac'Dolld~
Director People Mover Project Chief Administrative Officer
EPL:fs
att.
~'i~ :--P~o~ieMoverPoll. pd f Page 2j
~un ~8 04 03:25p Ed Lu;~i; 9053583810
Chief Administrative Officer ~ Inter-Department Ue~orandu~
TO: Mayor Ted SalcJ and DA'I'~:
Mcmbe~ of Niagara Fall* City Coax, cfi
FROM: John MacDonald
ChlefAd,.~.,~ara6vc Officer, Bxt. 5100
RE: Niagara FalJs People Movc~ Project - PoRing of Council for Approval of
Awarding of Contract for Ridership and Revenue Study to UR~ Corporation
At ~ mcctlng of.lun¢ 14, 2004 Council approved Report M-2004-01 which dealt pr'u,~u;~y with thc
short listing of responses to thc Request for Proposal* (R.FPI) for this l~oject The report also,
:. however, included the following paragraph relative to the under/aking ora R/dcrship and Rc~nue
Study es thc ncxt ~ in thc process:
"At the Steeling Committee Meeting on Juue 4', Members also ~ndorsed the lirldettaking of
a Ridership and Revenue Study as the next step in th~ procuss. The purpose of this study is
outlincd in tho sheet attached to this re'pon. Tho Tenm of Refer~oen for the Ridershlp and
Revenue Study have been der~lop~d by Totten Sims Hubicki a~d approved by ~ S t~'ing
Committee. The co~t of the study in the estimated amount of several hund~d thousands of
dollara has b~n agreed to bo paid for by l:all~ Managcm~t Company, The selection of a
company to undel~.ake this study will occur this m~nth with an authorizing by-]aw to be
suiai,;iled to Council for approval at the end of Juun or early July. The R/de~hlp and Revennc
study will be unde~lakcn within a 4 to 6 month p~riod du~mg which time various oth~' ~
required to conclude un RFP2 docurn~t for distn'bation by the end of the year will be
undertaken by our Technical Advisory Teant The release of the R. FP2 docume~ will mark
the comm~c.~m~t o fa competition b~wce~ the short listed grOUl~ to produce a proposal for
the Project that is acceptable to the City, ~s parmers and the co~a.unity."
The procureme~ by way of invited bids for this Study has now been concluded on behalf of the
Steering Committee for tbe Project by Totten Sims Hublckl, h is tholr recordation that th~City
e~gage the rum of I. IRS Corpo~-ation to undertake this Study (Phase l } at an amount not to exceed
U,S. $316,000 (Cdn approximately $425,000). The co~t for thisworkis to bebom¢ entir¢lybyFa~s
M~n~ment Con~my. The Technical Advisory Committee and the Stecring Committ~ for the
Project have agreed with thls recowa'aendetion whleh is attached hereto. Council are being polled t o
iccept this recomrt~adation so that work may start i,~edintely rather than wait until afle~ the next
Counm'l Meeting on July 12e.
A by-law to confirm this decision will be placed before Council at its meeting of July 12a' to conflnn
Council's decision by poi[
att.
~_L_usti~g- P_?_p?MoverP¢. pd~f Pag_~ ~
[ E~ Lustig:- PeopleMoverPoll.pdf _.P.~ge 4
MEMORANDUM
TO: File : '
FROIV~ Do~gl~ 2,n~sham ."
DA~: J~,~
h~d_ _L~?_ti_g--~.PeopleMo_v_er?o~lJ:p_df~ ......................... Page 5 I
Community Services Department R-2004-46
The City of Parks, Recreation &Culture Adele
Kon
NiQgoro Foils~II ~ 431p.o.0 BoxQUeen1023Street Director
CCIFi~~ Niagara Falls, ON L2E 6X5
~-I~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-46 - Purchase of (1) One 4 Wheel Drive John
Deere Tractor
RECOMMENDATION:
That Council authorize the purchase of (1) one 4 wheel drive John Deere tractor for the supplied
price of $21,629.86, including all applicable taxes.
BACKGROUND:
Staff requested tender prices for (1) one Kubota tractor or equivalent form. Through the Supply and
Services Section of the Clerk's Department, seven (7) companies picked up the tenders and two (2)
bids were received. The Tendering Opening Committee, in the presence of the City Clerk, opened
the tenders on June 10, 2004, at 1:30 p.m. The result of the bid process is as follows:
Contractor City Tender Bid Price
(including taxes)
1. Green Line Equipment Smithville, ON $21,629.86
2. Ben Berg Farm & Industrial Wainfleet, ON $22,998.85
Staff is recommending that the low bid for a John Deere tractor be accepted. The recommended
supplier is Green Line Equipment.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
July 12, 2004 - 2 - R-2004-46
Funds to proceed with this purchase were included in the 2004 Cemetery Budget.
/~d by: ~s~
~o~'~o~cco~'~ ///Vo tm MacDonald
Operations Superintendent {,/Chief Administrative Officer
Recommended by:~-"~ ~
Adele Kon
Director of Parks, Recreation & Culture
AK/JM/das
S:\Council\Counci12004\R-2004-46 -One 4 Wheel Drive John Deere Tractor.wpd
Community Services Department R-2004-48
' Parks, Recreation & Culture
The City of Adele Eon
'" Fall Iffi~ · 4310 Queen Street Director
~lagar~ s yJ ~,.. P.O. Box 1023
L. an~~ Niagara Falls, ON L2E 6X5
~'-~ web site: vvv~v.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
July 12, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-48 - Kalar Park ' }Iome For Girls Soccer'
Tender # TR 17-2004 Supply and Installation of
Sports Lighting Equipment
RECOMMENDATION:
It is recommended that Tender # TR17-2004 for the supply and installation of sports lighting
equipment at Kalar Park 'Home For Girls Soccer' be awarded to Cyril B. Smith Electric Limited,
of Vineland Ontario, for the total price of $200,769.45 including all taxes.
BACKGROUND:
Further to the approved Council Report R-2004-20, Parks, Recreation & Culture staff issued a
tender for the supply and installation of sports lighting equipment for the two(2) new senior soccer
pitches at Kalar Park 'Home For Girls Soccer'. Council had approved the pm-selected sports
lighting equipment company, being Musco Sports Lighting. This tender required bidders to submit
prices to cover the costs for both supply and installation of the Musco Sports Lighting System.
Through the Supply and Services Section of the Clerk's Department, four (4) companies picked up
the tenders and three (3) bids were received by the Clerk's Office. The tender opening occurred in
the presence of the Manager of Supply & Services on Monday, July 5, 2004. The result of the bid
process is presented as follows:
Contractor City Tender Bid Price (including taxes)
1. Cyril B. Smith Electric Limited Vineland $ 200,769.45 (low bidder)
2. Wiens Underground Electric Ltd. N-O-T-L $ 221,543.50
3. Utility Installation Ltd. Fort Erie Disqualified Due To Incomplete Tender
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
July 12, 2004 - 2 - R-2004-48
FINANCING:
Funds for the Kalar Park ' Home For Girls Soccer' development are within the 2003/2004 Capital
Construction Budget. The Niagara Falls Girls Soccer Club (NFGSC) is committed to 50% funding
toward the construction costs for this project with the remaining funds coming from development
charges.
The Committee's approval of the above would be appreciated.
Ar ~spectfully su)mitted: /
chitectural Technologist f///Chief Administrative Officer
Recommended~ ~
Adele Kon f-~'f~
Director of Parks, Recreation & Culture
JC/das
S:\Council\Counci12004\R-2004-48-Kalar Park, Supply and Installation of Sports Lighting.wpd