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2000/08/21PLANNING MEETING August 21. 2000 PRAYER: Alderman Selina Volpatti DISCLOSURES OF PECUNIARY INTEREST ~' Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS Banner for Mike Stranges Send-Off A banner will be presented to Council for signatures for Mike Stranges on his pursuit of Olympic Gold. DEPUTATIONS Board of Museums Ms. Kim Bubnick, Treasurer, Board of Museums wishes to provide an update of the Board of Museums initiatives and upcoming events and activities. Heart Niagara Community Public Access Mr. Jim Boutilier, Manager, Heart Niagara Community Public Access, wishes to address Council on the Defibrillation Program. -2- Licence to Operate a Hot Dog Cart Messrs. John and George Wellman wish to address Council with respect to obtaining a licence to operate a hot dog cart. PLANNING MATTERS ITEM NO. 2000-34 Public Meeting Colangelo Estates Draft Plan of Subdivision 26T-11-2000-03 (Revised) Zoning By-law Amendment Application; AM-13/2000; 586112 Ontario Ltd. (In Trust) Background Material: Recommendation Report: PD-2000-92 - AND - Correspondence from Mr. Sherman Zavitz. Correspondence from Chown Cairns Correspondence from Chown Cairns Correspondence from Mr. Clyde Carruthers Correspondence from Mr. Sterling Wood MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2000-89, City of Catharines Resolution; Long Term Protection for Unique Agricultural Areas. - AND - News Article from the Standard, dated August 10, 2000. Chief Administrative Officer PD-2000-90, Request for Extension to Draft Plan Approval; Ascot Woods Extension 6 26T-92003; Owner: Ascot Woods Limited. Chief Administrative Officer PD-2000-91, Zoning By-law Amendment Application; City File: AM-36/99, Peter J. Lesdow; do Andrew Cserpes; Property: Rainbow Motel and Hydro One Property; and 2) The Use of Hydro One (formerly Ontario Hydro) Property for Parking. Chief Administrative Officer PD-2000-93, Application for Site Plan Approval; SPC-29/2000; 8066 to 8078 Norton Street; Proposed Five-Unit on-Street Townhouse. Chief Administrative Officer PD-2000-94, Application for Site Plan Approval; SPC-04/2000, 5651 Lewis Avenue; Proposed New Warehouse for Kraft Canada. Chief Administrative Officer PD-2000-96, Regional Policy Plan Amendment 147; Minor Urban Area Boundary Expansion; Thorold Stone Road and Kalar Road (Northwest Comer). REGULAR COUNCIL MEETING ADOPTION OF MINUTES: Planning/Regular Council Meeting of July 17, 2000; and Special Council Meeting of July 31, 2000. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS lb) COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Royal Canadian Legion, Niagara Falls, Branches 51,396, 479 - Re: Proclamation - requesting that Council proclaim the week of September 17u~ to 23~, 2000 as "Legion Week". RECOMMENDATION: That the request be approved. The Royal Canadian Legion, Niagara Falls, Branches 51,396, 479 - Re: Flag Raising - requesting permission for a Legion Flag Raising Ceremony on Monday, September 18, 2000 at 9:00 a.m. in honour of Legion Week. RECOMMENDATION: That the request be approved. The Royal Canadian Legion, Branch 51 - Re: Annual Parade - requesting permission to use the venue of Fairview Cemetery to hold their annual parade to the Unknown Soldier on September 17th, 2000 at 10:30 a.m.. RECOMMENDATION: That the request be approved. -4- Rotary Club of Niagara Falls Sunrise - Re: Community Festival - requesting that the City recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 15, 16 and 17, 2000 and designates the event as a "Community Festival" in Niagara Falls RECOMMENDATION: That the request be approved. Niagara Peninsula Canadian Hungarian Cultural Sports Centre - Re: Picnic - requesting permission to hold a picnic on August 27t~, 2000 at the corner of Montrose and Biggar Roads. RECOMMENDATION: That the request be approved. ;- Inter-Department Memorandum - Peter Corfield, Fire Chief - Re: Proclamation - requesting that Council proclaim the week of October 8th through October 14t", 2000 as "Fire Prevention Week". RECOMMENDATION: That the request be approved. Fetal Alcohol Support Network (FAS) - Re: Proclamation - requesting that Council proclaim September 9~, 2000 as "Fetal Alcohol Support" (FAS) Awareness Day. RECOMMENDATION: That the request be approved. McKinley-Milodynia Chiropractic Clinic - Re: Annual Man-A-Mile Relay Race - requesting the use of Victoria Avenue, Valley Way, and Morrison Street for the Man-A-Mile Relay Race on Monday, October 9th, 2000 at 9:00 a.m. at McFarland Park. RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further Items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chairman) Chief Administrative Officer MW-2000-83, Public Information Session & Open House for Collins Drive and Toby Crescent. -5- Chief Administrative Officer MW-2000-84, Contract 2000-187-00 - Collins Drive and Toby Crescent Road Reconstruction. Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer MW-2000-85, Contract 2000-190-00 - 2000 Watermain Replacement Program. BBS-2000-01, Appointment of Inspectors - Robert Judge and Sandro Ella. BBS-2000-05, Application for Projecting Sign; Sign By-Law Variance Request By Poll, August 11, 2000, 5008 Centre Street. RATIFICATION OF ENVIRONMENTAL PLANNING AND GREENING COMMITTEE ACTIONS (Alderman Paisley Janvary-Pool, Chair) Chair, Environmental Planning and Greening Committee R-2000-57, Actions Stemming from the Environmental Planning and Greening Committee Meeting of July 17, 2000. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chairman) MISCELLANEOUS MATTERS Chief Administrative Officer CD-2000-19, Advance Polls - 2000 Municipal Election. Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer CD-2000-20, Hours of Voting. CD-2000-21, Special Occasion Permits. L-2000-62, Street Name Change; Part of Edgeworth Road to become Weinbrenner Road. ¸5. Chief Administrative Officer Chief Administrative Officer L-2000-63, Release of Site Plan Agreement; 2886 Stanley Avenue (at Church's Lane). L-2000-65, Erskine Agreement with the City; Building Permit ~ Testamentary Devise. -6- Chief Administrative Officer L-2000-66, Niagara District Airport- Agreement. Chief Administrative Officer L-2000-67, Establishment of Daylighting Triangles as Public Highways; Russell Street and Robinson Street. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS RESOLUTIONS That the Ministry of Energy, Science and Technology amend Bill 100, "An Act to Promote Efficiency, in the Municipal Electricity Sector and to Protect Consumers from Unjustified Rate Increases" and that the for-profit option originally proposed for local electric utilities be retained. That the Council hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September. 15, 16 and 17, 2000 and designates the event as a "Community Festival" in Niagara Falls. That the City Council formally oppose the issuance of a liquor licence to Elektrowerkz Care or any renewal of liquor licences for the Anaconda (former Cell Block). BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2000-161 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan Amendment No. 30. (Re: AM-47/98, Canada Niagara Hotels Inc.) 2000-162 To authorize the execution of an agreement with respect to the operation of the Niagara District Airport. 2000-163 To provide for advance votes to be held prior to voting day. 2000-164 To provide for hours of voting on election day and reduced hours of voting in institutions and retirement homes. 2000-165 To amend By-law No. 79~200, as amended. (AM-02/99; c/o Reno Marcon) 2000-166 2000-167 2000-168 2000-169 2000-170 2000-171 2000-172 2000-173 2000-174 2000-175 2000-176 -?- To amend By-law No. 93-283, as amended, being a by-law to appoint a chief building official and inspectors under the Building Code Act. To authorize the execution of a supplemental agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program (R.R.A.P.). To establish Part 3 on Reference Plan No. 59R-11067, as a public highway, to be known as and to form part of Russell Street. To establish Part 1 on Reference Plan No. 59R-9906, as a public highway, to be known as and to form part of Robinson Street. To authorize an Agreement, dated July 27, 2000, between Mary Erskine and Robert James Erskine and The Corporation of the City of Niagara Falls regarding application for a Building Permit. To change the name of part of Edgeworth Road designated as Parts 1 and 2 on reference Plan No. 59R-11122 to be known as and to form part of Weinbrenner Road. To authorize a Release of a Site Plan Agreement registered in 1990 as Instrument No. 594918 on the title to property now owned by Classic '59 Investments Inc. To provide for the adoption of an amendment to the City of Niagara Falls Official Plan Amendment No. 31. (Re: AM-24/00) To authorize the execution of an Agreement with Centennial Construction and Contracting (Niagara) Inc. respecting road reconstruction on Collins Drive and Toby Crescent. (Re: Report MW-2000-84) To authorize the execution of an agreement with Condotta Construction Limited respecting 2000 Watermain Replacement Program. (Re: Report MW-2000-85) To authorize monies for General Purposes. (August 21, 2000) NEW BUSINESS BOARD OF MUSE UMS Niagof~ Falls Canada aB~dbl~ ~ ~r~ ~ ~e~r ~' c/o Lund~'s ~ne H~storic~] M~se~m, 58Io ~e~ S~et, Ni~ F~ts~ ON L~G Mr. Woody Wagg City of Niagara Fails 4310 Queen Street Niagara Falls, L2G Dear Mr. Wagg, I have enclosed a copy of the information I wish to present to City Coundl on August 14, 2000 or alternately, August 21, 2000. Please contact me at 685-1539 ext. 234 during business hours to confirn-t the date and time for the presentation I would like to make to City Council. Thank you for your time. Sincerely, Kim A. Bubnick Treasurer, Board of Museums BOARD OF MUSE UMS "B ;tiMing a Future out of our Past" c/o Lundy's Lane Historical Museum, 5810 Ferry Street, Niagara Falls, ON L2G IS9 Mayor Wayne Thomson and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, L2G Your Worship and Members of Council, I'm here to present to you on behalf, of the City of Niagara Falls Board of Museums, a continued update of the Board of Museums initiatives, the volunteer members .h~2, the second newsletter, (please see attached in your package) as well as upcoming events and activities. Thgse efforts will continue to support programming that will draw not only tourists, but local visitors as well. We would like to thank those members of Coundl who show their continued support of the City owned Museums at the open house held May 28, 2000. (See attached newspaper article and a copy of the invite.) Ithere is a need to begin the expansionof the museum now! It is the Board's continued intention to revitalize the Lundy's Lane Historical Museum building expansion plans and forge ahead to make it a reality in time to commemorate the War of 1812 Bi-Centennial. At this time we will be concentrating our efforts on an Autumn fund raiser (more details at a future date) not only to promote our museums, but also to provide some much needed funcling for the expansion plans. It is our opinion that the City of Niagara Falls is a world class tourist destination, and as such, it our responsibility to ensure that our museums present a visitor with a world dass experience. There is a need to better serve our visitors and residents as well as doing justice to the most important conflict known to our city, the Battle of Lundy's Lane, which was also a significant turning point in Canadian history. The Lundy's Lane Historical Museum needs to have the continued moral and financial support of this Council to make the Niagara Falls Board of Museums' vision of expanding the Lundy's Lane Historical museum a reality. We hope that this can be accomplished by the City of Niagara Falls while it is also focusing its attention on other important Heritage properties. I would like to thank you on behalf of the Board of Museums for giving me the opportunity to present tonight. Sincerely, Kim A. Bubnick Treasurer, Board of Museums Lundy's I. ane q~storical B4useum 581o 'F,~,y Strut 358-5082 wia'ou~hby ~['isrorical qvluseum 9935 ~bl~u~ara ~arf'way 295-4036 ZEHRS FOOD pLUS CASH izehrs zehrs i m~"i{e~s food plus · , 1 THE WAY IT WAS: Wearing the uniform of a sergeant in ~e Glengarry Light Infantry Fencibles, War of 1812 military re-enactor Jesse Pudwell conducts a guided tour of the Lundy's Lane Battlefield as part of open house activities at the Lundy's Lane Historical Museum Sunday. Standing at the corner of Main Street and Peer streets.' Pudwell describes the location as it would have appeared on the evening of July 25, 1814 when regiments of an American invasion force formed up their lines in preparation for an assault on the British occupied heights that lay before them. PhotO: John Robbins I Review Lundy's Lue The Publication of the City of Niagara Falls Board of Museums W~ll~u~txby The Willoughby Museum Former S.S.#2 Willoughby Township School, in use from 1916 to 1957 is now the home to Willoughby Historical Museum. Opened in 1968 to commemorate the historical significance of the foimer Willoughby Township, the mu- seum is home to a variety of exhibits that display various time periods of Niagara's rural roots. Many school related items including a photograph of Willoughby S.S. #2 in session help bring the visitor come from the past to the present as they look around the build- ing. Highlights of the Willoughby collection include a War of 1812 exhibit, pioneering tools, appliances and housewares as well as a tribute to telecommunication in Niagara. The Baffle of Chippaws is featured in the war of 1812 ex- hibit that includes regimental buttons,. bullets, cannon balls, written material about the war and a variety of guns from various time periods. If you feel like making a phone. Call you can. With the assistance of the museum staff, y6u can try your hand at operator duty with a turn of the century switchboard. A small display about tele-communications in Niagara is cen- tred around this showpiece. Pioneering life in rural Ontario is well represented with many and unusual items including numerous houseware artifacts, a wood stove that was manufactured in Chippaws and many antique.dishes on display, including a set that came from Scotland in 1846. There is also a panoiama of pioneering tools and farm implements as well as some of the first electrical appliances used in Willoughby Town- ship! A wonderful bedroom vignette filled with antique furni- ture, clothing, toys and a specially made Centennial Quilt embroidered with many familiar Willoughby names. In addition to all these pioneer articlei is a printing press from 1886. This particular printing p;r.ess was used by Empire Novelty in nearby Chippaws during that time. Also included in the collection is a fantastic display of German Bibles and many of the original land grants and title deeds to the lots in Willoughby Town- ship: Take i~ step ba~k in-time to Niagara's country cross- roads. Visit' the Willoughby Historical Museum soon! What am I? I a'm two times eight feet tall, I can lift a tree in a single haul two horse power is my speed along With a helper at the lead the Willoughby Museum is now my home can you guess what I am from this poem? All submissions are welcome. Please forward in care of: Lundy's Lane Historical Museum, 5810 Ferry Street, Niagara Falls, ON L2G 159. Lundy's Lane Volume 1, Issue 2 Circa... The Publication of the City of Niagara Falls Board of Museums A Quarterly Newsletter for Museum Volunteer Members Willoughby ~gss ~/aSara June 2000 City Of Niagara Falls Board of Museums 2000 Chair Alderman, Shirley Fisher Vice-Chair Ken Warren Secretary Peter McKenna Treasurer Kim Bubnick Sherman Zavitz Jesse Pudwell John Harkness Jim Mitchinson Gordon We. st Bernie Villamil Lundy ~ Lane Museum Margaret-Anne Tabaka W~lloughby Museum Emma Chambers Recording Secretary Verna Reid Volunteer Open House :' Success! We had a wonderful turnout at the Volunteer Open House, and the tour of the Battlefield with Sgt. Jesse Pudwell was spectacular! Sgt. J;se Pudwell (Board Member, Museum Member, Volunteer, Etc.) dressed in his Glengarry uni- form, gave a living history walking tour of the Battle of 1814. This media opportunity was another visible testament to the successes of the City of Niagara Falls Board of Museums (NFBOM) initiatives. This Volunteer Mem- bership Program Open House, being the first of its kind, displayed growth for community awareness - one of the NFBOM objectives. With representatives from the corporate sector, community groups, s~hools, city council and the media, our members in attendance experienced the growing re- birth of our city's past and what the museum has to offer. All of this could not have been possible without the great support received from Donna, Janet, Jean and most of all from our Curator, Margaret-Anne. Thank you to all and may the future bring more of the past alive with events .like this. Save-a-Tape Program Establishing parmerships is a precious means of reaching objectives. Recently, another' NFBOM initiative - to support the long term goals of our membership and volunteers - brought Zehrs into the fold. One of their community programs involves the collection of register tapes to assist in fundraising efforts for commu- nity projects. So help us secure the interests of our past by saving your Zehrs receipts or collecting them from friends, family and co-workers. (Feel free to make copies of the enclosed poster to get the word out). July 1 July 24 August 4 September 24 Calendar of Events Canada Day, Visit us at Optimist Park! Enjoy the fun and festivities! Volunteer Meet and Greet and Fundraising Get-together! Antique & Classic Car Club of Canada, Willoughby Histori cal Museum 8:30-8:45 am for a short time. Antique, Classic, & Vintage cars. "Gas Up" Exhibits and Demonstrations of antique gasoline powered engines, equipment, and vehicles. cS'he City o qq~c~ara qzaCCs ~Boa/~of VoCunteer ~em~ers~ ~roSram invites you w: ~xplore Our ~rita~e and Req the ~ast ~live at t~e: LunaCy's £ane qlistorica( qvtuseum 58~o q;ernJ Street Sunclay qv[ay 28, 11:30am to l:30ym We invite you to take this opportunity t'o 6ecome a partner in history and see where the future can take RSV P to 358-5082 ~gilding a future from our past. An initiative of the C~ of Niagara Falls Board of Museums nvi ;ed Sllrtda.y 54a.y 2 8~ 2 000 ~1:3o~,. to AUGUST 04/2000 JOHN/GEORGE/WELLMAN #1- 4569 FIRST AVE. NIAGARA FALLS,ONTARIO. L2E-4G3 (905)354-0286 TO THE MAYOR AND MEMBERS OF CITY COUNCIL THE CITY OF NIAGARA FALLS, Please be advised that I,am writing your offices in reguards to your previous request,that a letter of permission be obtained from any licenced restaurant within two hundred feet giving permission to the owners,operators of a hot dog ca=Et to operate ,and ask City Council,to ammend the by law and seek an exemption,to the same. As the By Law officer was aware,the only restaurant that falls within the boundary,was TACO AND TEQUILA. We advised this officer that we had already obtained permission from this party to conduct business in this location. However,as requested,a letter of permission has been obtained. A photo copy is attached,and the original will be filed with City Council. As you are aware.most of our season has been lost,although we have done everything possible to ensure that we follow the By Law as set out by the City of Niagara Falls. We were inspected by the following parties: 1) NIAGARA FALLS FIRE DEPT. SITE INSPECTION,CART INSPECTION 2)'FREE GAS,FONTHILL. CART INSPECTION,PROPANE CYLINDER INSPECTION AND ALL PROPANE LINES INSPECTED AND PASSED. 3) REGIONAL NIAGARA HEALTH INSPECTION. ALL PROBLEMS CORRECTED AND HAVE PASSED TO THEIR SATISFACTION. 4) APPLICATION FOR LICENCE PENDING RESULTS OF COUNCIL ME~TING. Please be advised that we wish to attend the next City Council meeting,in an attempt to ask the Council to grant an exemption so that we be licenced and be allowed to operate for the duration of the season. SINCERELY, Letter of Permission August 3, 2000 To Whom it May Concern; Please be advised that John and George Wellms have approached me, in regards to their efforts to operate a hot dog rending cart, which until one week ago was located on Ferry. St. I know that this cart was located within the two hundred foot boundary as set out under the city by-law. However, I am not against the hot dog can being located at the original location providing that it is agreed upon by City Council. and a license is granted. Dated this 3"~ day of August 2000, Signature of i~h~,~~~Tequila Witness Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-92 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: August 21, 2000 PD-2000-92, Recommendation Report Colangelo Estates Draft Plan of Subdivision 26T-11-2000-03 (Revised) Zoning By-law Amendment Application AM-13/2000 586112 Ontario Limited (In Trust) RECOMMENDATIONS: It is recommended that: 1) 2) Council determine if they wish to continue Dellpark Drive as originally intended across the hydro haulage road trail (municipal property); If Dellpark Drive is to be extended: a) b) the Colangelo Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; c) d) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and the application to amend the Zoning By-law be approved to provide the necessary land use regulations to guide the development of the subdivision. 3) If Dellpark Drive is not to be extended, the subdivision and zoning amendment applications be deferred to consider alternative designs. PROPOSAL: The subject land is south of Mountain Road, between Dorchester Road and St. Paul Avenue, and extends to the hydro haulage road trail (see the attached location map). The applicant proposes to subdivide a 1.67 hectare (4.13 acre) site into 17 single-detached lots and a block for future residential use in combination with abutting land. There is 1 lot designed with direct access to Mountain Road. The proposed roadways connect to Dellpark Drive and to land for future development to the east and west. The subdivision layout is shown on Schedule 2. Workin~ Toeether to Serve Our Community August 21, 2000 - 2 - PD-2000-92 BACKGROUND: The Planning Act requires that a Public Meeting be held on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on May 8, 2000. The purpose of this first meeting was to provide information on the proposed development and receive input. Several area residents spoke at the meeting, with letters and a petition submitted to the City. Concems were raised about the extension of Dellpark Drive and impact on the haulage road trail and traffic. All matters were to be referred to staff for technical review and the preparation of a recommendation report for a future Council meeting. At the conclusion of the Public Meeting, Council passed a motion to develop a plan for the overall area, to preserve the haulage road trail and to examine traffic. However, no formal decision was made on the subdivision application. Staff held a meeting on May 17, 2000 with the developer and Mountain Road property owners. The existing Neighbourhood Plan and various concept plans for the undeveloped land south of Mountain Road were discussed. Most landowners were not interested in developing their properties currently but wish to protect future development potential. Staff arranged a meeting with all area residents on July 19, 2000 at the request of the developer. Approximately 40 members of the public attended. Design options prepared by the developer were presented respecting the roadway and trail crossing. Several residents stated they did not want to consider any subdivision plan that showed a road across the hydro trail. The applicant wishes to proceed with the plan as submitted. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another opportunity for public comment. The recommendation report for the proposal is presented for a decision. PLANNING REVIEW: Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, and contingent on the Dellpark Drive connection to the land, approval is recommended subject to appropriate conditions associated with urban development. The review of the applications is addressed under the following headings. Official Plan & Gauld Neighbourhood Plan The City's Official Plan designates the property and the large undeveloped land south of Mountain Road as Residential. The area comprises in total over 20 acres (8.1 hectares) for future residential development. There are single-detached homes along Mountain Road on very deep properties. Fruit trees exist on a portion of the subject site as well as the parcel to the east. The land to the west is partly cultivated. The City's hydro haulage road trail and the hydro corridor are to the south. Established single-detached residential areas are located further south. The Official Plan promotes the coordination of developments, a compatible mix of housing types and variety of lot sizes to provide a full range of housing opportunities. The subdivision provides a mix of single-detached lot sizes that adds to the supply in the area and is a reflection of the strong market for this type of housing. The development should be compatible with the surrounding uses. The Gauld Neighbourhood Plan was adopted by Council in 1975 as a guide for future development. The Plan allows for flexibility in assessing development applications over time while recognizing the basic principles will remain valid. These principles include the integration of residential areas, proper roadway connections and access to recreational areas. In the area of this application, the Plan shows low density August 21, 2000 - 3 - PD-2000-92 residential, the hydro trail as open space and a road pattem that connects to Dellpark Drive and Mountain Road in two locations. Dellpark Drive is under municipal control while the land shown with the other roads serving the area are in private ownership. The property owner and abutting neighbours object to the westerly street connection to Mountain Road indicated in the Gauld Neighbourhood Plan. A concept plan submitted with the subdivision application demonstrates that this proposed development is consistent with the street pattern in the Neighbourhood Plan. Subdivision Design The Dellpark Woods Subdivision (N. S. 10) was registered in 1971. The easterly limit of Dellpark Drive was not designed as a cul-de-sac, but rather a dead-end. A reserve block exists at the end of the street to restrict access to abutting land until future sections of the road are constructed. Municipal v~ater and sanitary sewer must be extended from Dellpark Drive to service the land to the north. Sidewalks currently end at the base of the trail slope. The roadway and services have always been intended to continue. The Colangelo Estates proposal provides an integration with existing and future developments. Suitable street connections are provided to the south, east and west. This will allow vehicle and pedestrian access to schools, parks and major transportation routes. The subdivision street connecting to the west was shifted further south from the initial plan to address concems of the abutting property owner. The previous design would have dictated a certain lotting plan on the adjoining land whereas the revised road location allows several options. Realignment will be needed to improve the Lucia/Dellpark/Daniel intersection. Residents have suggested this plan only have access to Mountain Road through the proposed Lot 14. This area has insufficient width for a standard road allowance and is not the preferred location in relation to separation distance between future access points on this Regional road. The existing Dellpark/Topaz/Lepp area contains approximately 60 lots with only one access point at Dorchester Road. The extension of Dellpark Drive, and ultimate connection of the area to Mountain Road, will improve emergency access for the existing subdivision. Within the proposed plan, temporary emergency access will be provided to Mountain Road over Lots 12 and 14 until a permanent roadway is constructed on adjacent land. Hydro Haulage Road Trail Except for the section within the hydro transmission corridor, the municipality owns the hydro haulage road trail. The land was transferred to the City in approximately 1974. This recreational trail is a valuable asset and amenity feature to the neighbourhood. It provides a link to Fireman's Park at the northwest intersection of Mountain Road and Dorchester Road. Currently, the trail is elevated approximately 10 feet (3.05 metres) above the grade of Dellpark Drive and land to the north. The trail is accessed at this location by climbing a steep dirt path. The Parks Department' s preference is for the trail to remain in its present state as a continuous, uninterrupted walkway. This proposed subdivision development provides an opportunity to improve the accessibility of the trail for all present and future users. Landscaping and design options (sloping down or bridge) were presented by the developer at the July 19, 2000 neighbourhood meeting. If the roadway were to cross the trail, the basic design alternatives presented would be acceptable to the Parks Department. If the Dellpark Road connection is not approved, improvements are required to the trail access and to control slope erosion. Changes to the dead-end roadway will also be needed for a vehicle tum-around. August 21, 2000 - 4 - PD-2000-92 Severance Applications The City's Committee of Adjustment considered applications in April to separate land containing existing dwellings on Mountain Road from the balance of the property now proposed for this subdivision. Following staff and agency review, approval of the applications was recommended and the Committee granted the severances. This decision has been appealed to the Ontario Municipal Board by three separate parties along Mountain Road with a hearing scheduled for September. Reasons cited for the appeals are lot depth, drainage, fencing and possible impact on an abutting agricultural use. Attempts to negotiate a resolution to the appeals have been unsuccessful. Notwithstanding the appeals, consideration of the subdivision application is appropriate since the severances satisfied planning requirements and were supported by the Committee. In the event changes are needed to the subdivision plan resulting from the OMB hearing, these would likely be minor and a condition of approval has been included as a s. afeguard. Traffic The existing Dellpark Woods subdivision streets and those in the proposed plan are local or minor collector roads intended to ean'y low to moderate volumes of traffic (area homeowners). The addition of the new lots with access to Dellpark Drive would be a minimal increase in traffic. Further development north of the hydro trail would involve a permanent access to Mountain Road. Traffic concerns were raised in a letter submitted to Council on May 8, 2000 regarding Dorchester Road. This is an arterial roadway designed to carry large volumes of traffic throughout maj or areas of the City. Dorchester Road is now under the City's jurisdiction and the Municipal Works Division is considering undertaking a study to review broader concerns such as roadway improvements and installation of traffic lights. Zoning Amendment The site is currently zoned DH (Development Holding) through Zoning By-law 79-200, as amended. This is a holding category in anticipation of future development. The applicant has requested a zoning change to a modified R1C (Residential Single Family) classification to permit the proposed subdivision. This is the same zoning category as the residential development to the south. The requested modification is to reduce the lot frontage required for a comer lot from the 18 metres (59.1 feet) specified in the by-law to accommodate the subdivision design. The reduced standard is considered appropriate. House designs on the comer lots should be selected to meet setback requirements. Regional Comments Standard conditions relating to servicing have been requested by the Regional Public Works Department to allow development of this subdivision. In addition, the Region has requested that a storm sewer connection be provided from Mountain Road to the subdivision to resolve drainage problems on that roadway. The Region supports the proposed road pattern of the subdivision with no Mountain Road access in this location. The Regional Planning Department notes that, subject to road access being gained through the extension of Dellpark Drive, the development meets the basic requirements of the Regional Policy Plan. Regional Planning also reviewed the proposal with regard to the interests of the Ministry of Municipal Affairs and Housing, Ministry of Environment, Ministry of Natural Resources and Ministry of Citzenship, Culture and Recreation. A stormwater management report is a standard requirement. There are concerns of potential soil contamination related to pesticides used in older orchards such as on a portion of the August 21, 2000 - 5 - PD-2000-92 property. Some pesticides contained lead and arsenic which do not break down and therefore, an Environmental Site Assessment is requested. Based on the property's location close to a native burial site and along a historic transportation route, there is a moderate to high potential for archaeological resources on the site. A condition of approval for an archaeological assessment is included. Agency Comments Canada Post has indicated that this subdivision will be served by Community Mailboxes. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: Dependent on the extension of Dellpark Drive, as originally intended, the Colangelo Estates Draft Plan of Subdivision is an appropriate development of the site. The application complies with the policies of the Official Plan, is consistent with the principles of the Gauld Neighbourhood Plan, and should be compatible with the neighbouring uses. The associated zoning by-law amendment will provide guidelines for the construction of the dwellings. The required conditions of approval are listed in the Appendix. If Council decides not to continue Dellpark Drive across municipal property (hydro haulage road trail), this will require an alternative subdivision design on the subject land. Richard Wilson Planner 1 Respectfully submitted: Edward P. Lus~ig Chief Administrative Officer Recommended by: D n Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. FILE: S:\PDR~2000XPD2000-92.wpd August 21, 2000 - 6 - PD-2000-92 APPENDIX Conditions for Draft Plan Approval Approval applies to the revised Colangelo Estates Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated May 17, 2000, showing 17 lots for single-detached dwellings and a block for future residential use. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) provision of a 20.0 metre road allowance width for Dellpark Drive; b) dedication of the road allowances to the City as public highway and the streets named to the City's satisfaction; c) provision of water distribution, sanitary sewer and storm sewer systems; and d) application of the City's Lot Grading and Drainage Policy. The intersection of Lucia Crescent/Dellpark Drive/Daniel Court be modified to provide an improved alignment. The developer construct 1.5 metre wide sidewalks on the west side of Dellpark Drive to its northeasterly limit, and south side of Lucia Crescent. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. The existing 0.3 metre reserve at the present terminus of Dellpark Drive (Block "B", N.S. 10) be dedicated as public highway. The developer grant the City and Public Utilities any easements required to service the subdivision. 10. The developer provide an interim emergency access route to Mountain Road over Lots 12 and 14, designed and constructed to the satisfaction of the Fire Department. 11. The developer submit a detailed grading and landscaping plan for the review and approval of the Director of Parks, Recreation and Culture illustrating the treatment of the hydro haulage road trail and Dellpark Drive extension. 12. The developer pay the City cash-in-lieu of 5% parkland dedication. August 21, 2000 - 7 - PD-2000-92 13. The developer provide boulevard trees in accordance with City policy. 14. The northerly section of the plan be adjusted, if required, in accordance with any Ontario Municipal Board decision regarding Consent Applications Bll/2000/NF and B12/2000/NF currently under appeal. 15. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 16. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to the City's Planning and Development Department confirming that all lots comply with the Zoning By-law. ~- 17. The developer provide six copies of the pre-registration plan to the City's Planning and Development Department and a letter stating how all the conditions imposed have been or are to be fulfilled. 18. The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. 19. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. 20. The developer provide an easement for a storm sewer connection between Motretain Road and the internal storm sewer system for the subdivision to the satisfaction of the Regional Public Works Department. 21. The developer submit a stormwater management report, prepared and certified by a qualified professional engineer in accordance with the Ministry of Environment's "Stormwater Management Practices Planning and Design Manual" (Jtme 1994), to the Regional Planning Department for review and approval, and that the report's recommendations be implemented through provisions in the subdivision agreement. 22. The developer undertake a Phase 1 Environmental Site Assessment (ESA) (history of past site use), prepared by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites ~n Ontario, Ministry of the Environment, February 1997 and a copy of the report be submitted to the Regional Planning Department for review. 23. If required, the developer undertake a Phase 2 ESA (soil testing), concentrating on lead and arsenic, prepared by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in Ontario for any lands identified in the Phase 1 ESA as potentially having been impacted by older-generation pesticides and a copy of the report be submitted to the Regional Planning Department for review. 24. If the soil testing from the Phase 2 ESA reveals levels of any contaminants exceeding the Ministry of the Environment's limits for residential use, a Phase 3 ESA (site remediation) be undertaken by a qualified consultant in accordance with the Guideline for Use at Contaminated Sites in Ontario and a copy of the report be submitted to the Regional Planning Department for review. August 21, 2000 - 8 - PD-2000-92 25. The developer provide a copy of a Ministry of the Environment-acknowledged Record of Site Condition, signed by the owner and the consultant verifying that the site assessment has been completed in accordance with the Ministry of the Environment's procedures, to the Regional Planning Department and the City of Niagara Falls. 26. There shall be no disturbance of the site until the Environmental Site Assessment required in accordance with Conditions 22 to 25 has been completed. 27. The developer undertake an archaeological assessment of the entire development site, conducted by a licensed amhaeologist, with adverse impacts to any significant archaeological resources found on the site to be mitigated through preservation or resource removal and documentation. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation, through the Regional Planning Department, confirming that all archaeological resource concems have met licensing and resource conservation requirements. Note: A copy of the archaeological assessment report is to be submitted to the Regional Planning Department for information. 28. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Department acknowledging that draft approval is not a commitment of servicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 29. Immediately following notice of draft plan approval, the developer provide the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision, shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. Clearance of Conditions Prior to granting approval to the final plan, the City's Planning and Development Department requires written notice from applicable City Departments and the following agencies indicating that their respective conditions have been satisfied: Regic;nal Niagara Public Works Department for Conditions 18, 19 and 20 Regional Niagara Planning and Development Department for Conditions 21, 22, 23, 24, 25, 26, 27, 28 and 29 Proposed Plan of Subdivision & Zoning By-law Amendment Application Colangelo Estates 26T-11-2000-03 & AM-13/2000 Location Map Subject Land 1: NTS July 2000 SCHEDUI~E 2 Colangelo Estates CITY OF NIAGARA FALLS ~ ~ ~. ~,,,,,, ......~-~ ....~~ ~, _: ..... , ~ · ~"'F'~,", ,k ~]oOsX34809.dOBX3480gsml .Owg Ned May 17 09: 49:15 8000 KEY' PLAN CITY OF NIAGARA FAILS OWNER'S CERTIFICATE 5UR¥[YOR'S CERTI/ICATE l.llft~. FP, LLS CLE~'KS '00 08i6 15'.50 7020 Woodington Road Niagara Falls, ON LZI 2C3 August 15, 2000 Friends of the Haulage Road C/o Clyde Carruthers 6681 Dellpark Drive Niagara Falls, ON L2J 3G7 Dear Clyde, Thank you for your recent letter. I was interested to hear about the Friends of the Haulage Road and the group' s mandate to preserve this bit of Niagara Falls' past. This road certainly does offer fine recreational opportunities - I have eyeled along it myself. HoWever, as you point out, it is also a part of our city's heritage. Probably no other community in Ontario is so dosely identified with Ontario Hydro (now Ontario Power Generation) as is Niagara Falls. This road is part of Hydro's heritage and is, therefore, of significance to Niagara Falls. I hope the means can be found to keep the road in tact. Sincere , City of Niagara Falls, Canada AuK-17-OO 11:23am From-CHOV~ CAIRNS 9056890015 T-O08 P-OZ/03 F-853 Ring STreet m F~oor Corimoc ~O Bo;. 760 C,.msrines ~'tTa. no L2R 6Y8 gO5) 688~500 ~a~m~ie ,905) 688-001 August 17, 2000 Our rite: 13386-1 RECEIVED AUG 17 2000 PLANNING &DEVELOPMENT City of Niagara Falls Planning & Development Department 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 BY FAX Atterltion: PJ~lnning & Development - Mr. Rick Wilson Dear Sirs: Re: Colangelo Estates: Proposed Subdivision Submission to City Council August 21. 2000 As advised in past meetings. discussions and correspondence, we represent Ferdinando Fuoco and Lucia Fuoco who reside at 6630 Mountain Road, Niagara Fails. Ontario, and whose properly is adjacenT, to and directly affected by T,he proposed Colangelo Estates Ptan of Subdivision. While we did not receive notice that this matter was again scheduled for consideration by Council on August 21. 2000. our clients have received such notice and we are wnT,ing T,o you on T,heir behalf. We would appreciate it if you would directly provide us with cop~es of future notices or other correspondence relating ~o this matter. As'we wilt be unable to aT,tend the August 21:' Council Meeting, we ask that you ensure that th~s letter is submined pubhcty to Council at that Meeting, and that a copy is provided to all Council members. Thank you for your assis;ance in that respect. When this matter was last cons;tiered by Council at its May 8~", 2000 Meeting, we submitT,ed our position that this draft Plan of Subdivision is. at this point in time, premature. Council should be made aware that the two severances along Mountain Road, the rear boundarms of which will dictate the northerly boundary of tots in the drab Plan of Subdtvision, remain under appea[. The OMB Hearing of those appeals is not scheduled untit September INTERNET/~yers,~cno,t~-caans.com wOP,.I.D WIDIE x,t/EB ilttp I/x,..,,v,. chox~rt-ceiira~ coin Au(-1T-O0 II:Z3am From-CHO~ CAIRNS T-00B P,03/03 F-B5~ Of this year. Until such severances are final, the boundaries for the Plan of Subdivision, and the location of the lots, cannot be determined. Council should not be asked to consider a draft Plan of Subcfivision when the boundaries of the subdivision and the location of the lots remain entirely uncertain pending the outcome of the OMB appeal of the severances. The public shoulcl not be expected to properly determine the effect of a draft Plan of Subdivision when such matters as boundaries and numbers of lots remain unclear.pending the OMB appeals. The appeals relate specifically to the limited depths of the Mountain Road lots to be severed, which depths are far less than the 200 or more feet which has been required for the depths of-all other properties severed between the proposed subdivision lands and Dorchester Road. The 200 foot requirement has been imposed as recently as last year. At the very least, the outer boundaries of the land proposed for subdivision should be determined before submission of a draft Plan of Subdivision. The draft Plan of Subdivision provides for only one access within the Developer's land, by an extenston of Dellpark Drive. The draft Plan shows an extension of a road illustrated as "Lucia Crescent" into property which is not owned by the Developer, continuing out to Mountain Road directly adjacent to the Fuoco property. Mr. and Mrs- Fuoco strongly object to the proposed location of this road. There is no agreement for locating the road in that position. and the Cotangelo Estates Draft Plan which ~s dependent upon a road in that posit,on for additional access to Mountain Road. is therefore premature. The Developer should be required to provtde adequate and proper road access within his own property. Our chents, Mr. and Mrs. Fuoco remain open to consideration of a proper draft Plan of Subdivision after finalization of the boundaries and the related lot severances. and in conjunction with a proper plan for the area and the adjacent propeR:ies upon which this developer relies for access. However, approval of the draft Plan at this time, withou~ determination of those additional issues, remains premature. Thank you for your consideration of this matter, Yours truly, John C. Willey~ JCWles c.c- Mr. & Mrs. F. Fuoco Aur17-00 11:21am Fr0m-CH0Y~ CAIRNS 9056880015 T-008 P.0Z/O4 F-852 0 K,,ng Street ,th Floor Cod~lo¢ ~O Box 760 ;t Camlunes 3ntars} L2R 6Y8 905) 688-4500 :acs~mde .905) 638-0015 3 G Parker D.M Kemr B.A. Banfield B W. Aaams J B Granim G F1; McClelland E.S. Mamn J C N F Ferguson J.E M,rynecn P M. elyerie e M Boone T N. Arresttoni; R Tftvmeh R. Ca,ms. QC Counsel M A Chown . (1921-1S83) R B E~Oar, QC (1934-1998) August 17, 2000 Our file: 13386-1 PLANNING & DEVELOPMENT City af Niagara Falls Planning & Develapment Department 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 6X5 BY FAX Attention: planning & Development - Mr. Rick Wilson Dear Sirs: Re: Colangelo Estates: Proposed Subdivision Submission to City Council AUgust 21. 2000 As advised in past meetings, discussions and correspondence, we represent Joseph Mannetl~ and Assunta Marinelli who resIde at 6610 Mountain Road, Niagara Falis, Ontario. and whose property is adjacent to and directly affected by the proposed Colangelo Estates Plan of Subdivision. Whde we did not receive notice that this matter was again scheduled for consideration by Council on August 21, 2000, our clients have received such notice and we are writing to you on their behalf. We would appreciate it if you would directly provide us with copies of future notices or other correspondence relating zo th~s matter. As we will be unable to attend the August 21" Council Meeting, we ask that you ensure ~hat this letter is subretorted publicly to Council at that Meeting, and that a copy is provided to all Council members. Thank you for your assistance in that respect. When this matter was last considered by Councd at its May Btn. 2000 Meeting, we submitted our position that this draft Plan of Subdivision is, at this point in time, premature. Council should be made aware that the two severances along Mountain Road. the rear boundaries of which will dictate the northerly boundary of lots in the draft Plan of Subdivision, remain under appeal. The OMB Heanng of those appeals is not scheduled until INTERNFT. h.~,.yers~.%:ho.n-calrnl corn VvORLD 9viDE WED h~Ip:/tw,m,,w cnown..<,~,rns coat, Aui-17-O0 11:ZZam From-CHOWN CAIRNS 9056880015 T-O08 P.03/04 F-85Z September of this year. Until such severances are final, the boundaries for the Plan of Subdivision. and the location of the lots, cannot be determined. Council should not be asked to consIder a draft Plan of Subdivision when The boundaries of the subdivision and the location of the lots remain entirely uncertain pendin9 the outcome of the OMB appeal of the severances. The public should not be expected to properly determine the effect of a draft Plan of Subdivision when such matters as boundaries and numbers of lots remain unclear pending the OMB appeals. The appeals relate specifically to the hmited depths of the Mountain Road lots to be severed, which depths are far less than the 200 or more feet which has been required for the ;' depths of all other properties severed between the proposed subdivision lands and Dorchester Road. The 200 foot requirement has been imposed as recently as last year. At the very least, the outer boundaries of the land proposed for subdivision should be determined before submission of a draft Plan of Subdivision. The Draft Colangelo Estates Plan of Subdivision contains "blocks" which are not usable as lots and which wiil dictate the development of adjacent land. Our ctients, Mr. and Mrs. MarineIt=, object to the block locations. as they affect any future development of their property- The Colangelo Estates Draft Plan of Subdivision also shows tot locations and road extensions beyond the boundaries of the Colangelo property, and specifically upon the Marinelti properties, Mr. and Mrs. Marsneili strongly obiect to the location of roads and the Io~s shown on their own property. They have not agreed ~o the size or location of any of these tots. The Cotangelo Estates Draft Plan should not be allowed to dictate the development of the MarineIll property. The Developer of Colangelo Estates has been clearly advised that the Draft Plan does not coincide with Mr. and Mrs. Marineili's future plans for development consistent with existing severed properties. The location of lots 10 and 11 on the Draft Plan have a significant negative impact upon the MarineIll property, as they overlap with the depth of the Marinelli property. It has already been submitted to the Developer of Colangelo Estates that the rear boundaries should be altered so that the westerly boundary of any property to be developed adjacent to the Marinelli property should be consistent with ~he MarineIll property and the other lots located to the west to maintain lot depths and consistent developmenu. A proposed compromise has been rejected by Mr. Colangelo. The Io~ sizes shown on the Draft Plan of Subdivision are inconsistent with existing development along Mountain Road. The Draft Plan is an a~zemp~ to Aui-IT-00 I1:2Zam Fr0m-CHOV~ CAIRNS 905S880015 T-008 P.04/04 F-85Z squeeze too many small Jots into too small a propercy. Council should also be made aware l:ha't ~:he land owned 13y Mr. and Mrs. Marinelli conl:ams a no.tation on 'the Draft Plan describing it as "vacan't land" "development holding" which is somewha'[ misleading, as 'the land is curran'ely used for an orchard. Our c!ien'ts. Mr. and Mrs. MarineIll remain open 'to cons~dera'cion of a proper draft Ran of Subdivision aher finaliza'tion of '~he boundaries and 'the related lo'c severances, and in conjunction wi'th a proper plan for 'the area and 'the adiacen'~ properties upon which this developer relies for access. However, approval of the draft Plan at this time, without determination of those addt'~ional issues remains premature. Thank you for your cons,dora'lion of this ma'cter. Yours 'truly, John C. Willey~F..c-,f/~ . JCW/es c.c. Mr. & Mrs. J. MarineIll Letter of Concern Re: "Colangelo Estates" Draft Plan of Subdivision (File: 26T-11-2000-03 Revised) RECEIVED AUG 0 4 2000 PLANNING ~ OEVELOPMENT V. Clyde Carruthers 6681 Dellpark Drive Niagara Falls, Ontario L2J 3G7 July 31,200(L 358-9966 Doug Darbyson Director of Planning and Development City Hall P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 ' Dear Mr. Darbyson My purpose in writing this letter to you is to express my concerns over the "Colangelo Estates" Draft Plan of Subdivision (File: 26T-11-2000-03 Revised) as described in the "Notice of Public Meeting" that I received in the mail today. (July 31, 2000) As you are aware, this "Colangelo Estates" Revised Draft Plan of Subdivision is almost identical to the plan brought before Councillors at the May 8, 2000 City Council Planning Meeting. It still contains plans for a connection road from the proposed Colangelo Subdivision to cut directly across the Haulage Road Trail to meet the present Dellpark Drive. It is this connection road aspect of the I}lan that our nei~hbours continue to find comoletelv unacceptable! I am very concerned that the City Planning and Development Department would even consider bringing this "revised" plan to the August 21, 2000 Public Meeting at City Hall since at the May 8, 2000 Public Meeting there was an Order of Council issued that stated: "Ordered on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a plan be secured for the area attd the preservation of the Haulage Road trail; and further, that the issue of traffic be looked into. Carried Unanimously." This Order of Council directs any revised plan to preserve the Haulage Road trail. It surprised me, then, when I studied the latest "revised" Colangelo Draft Plan of Subdivision that I received today and find that it still includes a connection road curing directly across the Haulage Road Trail to Dellpark Drive! Having this connection road cut directly across The Haulage Road Trail diminishes this fine recreational resource and does nothing to "preserve" it! I thought that Mayor Thomson was very clear and emphatic at this May 8, 2000 Public meeting when he stated that he did not want to see any revised Colangelo plan that involved touching the Haulage Road Trail! Apparently the Developer and the City Planning and Development Department chose to ignore both the Order of Council and Mayor Thomson's wishes regarding the preservation of this excellent community walking/bicycling trail in generating this "revised" plan. In addition, I wish to remind the City Planning and Development Department that ~ petition signed by 221 of our neighbours opposing the connection road aspect of the Proposed Colangelo Subdivision was submitted to Council at the May 8, 2000 Public meeting. As we!i, over 100 of our neighbours attended this May 8, 2000 Public Meeting to express their displeasure with the connection road aspect of the plan and its negative impact on the Haulage Road Trail. Our neighbours believe that this Colangelo Estates Draft Plan of Subdivision is premature and is not in the public's best interests. The connection road aspect of this plan does not take into consideration the health, safety, convenience and welfare of the present inhabitants of our neighbourhood. The connection road cutting directly across the Haulage Road Trail will introduce the unsafe and unhealthy aspects of traffic, noise, air pollution and vibration to an area that is presently a wonderfully safe and tranquil refuge. In closing, the residents of our neighbourhood will be present at the August 21, 2000 Public Meeting to speak against this "revised" plan. Si~rely, ~hers CC: Mayor Thomson All City Councillors All Dellpark Area Residents NI~G. F~L=S CLERKS '00 0818 ii:12 STERLING WOOD 6671 DellBark Drive Niagara Falls, Ontario LZJ 3G7 1-905-354-8468 via fax: 1-905-356-9083{~ 18 AUgust 2000 Council city of Niagara Falls 4310 Queen Street Niagara Falls, Ontario Attention: Barb Muir, Clerk of the City of Niagara Falls Re: Colangelo Estates Proposed Plan of Subdivision A/~-13/2000 Dear Sirs: I am writing with respect to the meeting scheduled for August 21, 2000 to deal with the developers request for approval of the above noted plan. I and my wife Judith Wood had previously written, for the May 2000 meeting, expressing our opposition to the suggested extension of Dellpark Drive through the Haulage Trail Linear Park. I would like to add a few comments for your consideration. I wish to ~mphasize that the decision to be made is a decision of our elected representatives. The Council should not believe that they do not have the ability to successfully make the right decisioN'to refuseextension of Dellpark because of the possibility of ~n OMB appeal. I and others have spoken to your legal department and the OMB and because the municipality owns the relevant parts of the Haulage Road Park you are in a different position from the typical plan' being submitted. I suggest council should not be deterred by the possibility of an OM~ appeal. I had previously objected to the increased traffic and I note a lack of a completed traffic study by your staff. As an example of the problem, within the past two weeks, I entered Dorchester Road heading to the corner of Mountain and was the 22nd vehicle back- The traffic is heavy and there is no doubt in my mind that the road arrangement with Dellpark Drive terminating at the trail. You indicated that as an existing arrangement the department would accept it- I believe ~ have accurately reflected our conversation but if you wish me to add or clarify any part of our conversation as noted in this letter please call me at my office at 735-3620 or fax_~e a note at 735-1577. I note my understanding this matter goes to council on August 21st I thank you for responding to my call. the possibility of the access being a dedicated road which could in the future be closed by the municipality or region depending on which level of government had jurisdiction. Again I thank you for t~king my call. Yours very truly H. Sterling Wood Sent by fax only: 687-8056 August 15, 2000 D.K. Cherrington C.E.T. Approvals Co-ordinator Regional Municipality of Niagara Dear Sirs: Re: Draft Plan of Subdivision Colangelo Estates Subdivision File No. 267-11-2000-03 Proposed: 17 Single Family Lots Your file: Dll-601 (04.2000.207) I wish to thank you for discussing the above noted Draft Plan and in particular the issue of access to Mountain Road. As indicated I am a resident of Dellpark a/ld oppose the cutting of the Haulage Road trail. I indicated that I would write this letter to confirm our conversation to ensure I do not inadvertently misquote you in any respect. We discussed section 4 of your letter dated May 17, 2000 to Pat Busnello, Planner dealing with Regional Roads and briefly touched on section 3 dealing with Storm Sewers. It was my understanding that on a long t~rm basis you do not w~nt too many access points onto Mountain Road. You indicated however that you would ~onsider a temporary single access point onto Mountain Road through the building. lot referred to in your letter if approached to do This wouid not he simply an emergency access but rather the temporary sole access to the subdivision until lands on either side were developed. Your concern was that in the future as the other lands on either side develop, the design of the whole area involve a limited number of access points to Mountain Road with appropriate spacing. This would involve the eventual closing of the temporary access if and when the other access points develop- One alternative I raised concerning a future closing of the road access and which you indicated you were familiar with was the concept of a private road which has been used in Welland and Fort Erie subdivisions for different reasons. I noted the access point through Lot 14 could be a private road until such time as the other lands develop and other outlets are created. I also raised Sent by fax only: 905-356-1583 AUgust 16, 2000 City of Niagara Falls Fire Department 5809 Morrison Ave. Niagara Falls, Ontario L2E 2E8 Attention: L. Smith Dear Sir: Re: Colangelo Estates Subdivision I wish to thank you for discussing the above noted Draft Plan last Friday, August 11, 2000 and providing your fax number for further communication. I intended to write earlier but unfortunately misplaced my notes between home and office. As you are aware I am a resident of Dellpark and one of those opposed to extending Dellpark Drive through the Haulage Road Trail. I am writing this letter to confirm our conversation to ensure I do not inadvertently misquote you in any respect during future dealings with the municipal council- I had indicated my belief that the developer expected to receive a letter from the Fire Department approving the proposed plan of subdivision. I questioned whether you were asked, in preparing such letter, to comment on alternatives to the plan as submitted and whether the fire department objected to the existing Dellpark Drive terminating at the Haulage Trail. It was ~y understanding that your department comments only on the plan as submitted and whether it was acceptable or not to the department. You were not asked to make a judgement on the alternatives. You did indicate that the department recognized an operational benefit to having an emergency exit from Dellpark Drive but you did not suggest that it was essentiB1 or otherwise comment on the measure of that benefit- Notwithstanding your comment on the emergency access, I understood that your department did not object to the existing extension of Dellpark would result in it being a dangerous shortcut through to Mountain Rd. I understand that the developer wants to make a graded path at approximately 8 degrees extending 120 feet back on each side of the road allowance. While this level of incline may be the standard used in parks where a ramp is necessary, it does not mean a ramp should be created where a level park already exists. Consider the effect of snow and ice on 240 feet of sloping pavement in the winter. Who is going to clean this path and pay the damages when accidents occur? ~ Finally I enclose copies of two letters outlining my discussions with representatives of the Fire Department and the Regional Municipality of Niagara. Following my conversations, the letters were faxed to'Mr. Cherrington at the Region and Mr. Smith at the Fire depaz~cment for any further comments they..might wish to make and I have not received any response indicating I have not accurately stated the content of our conversations. I note my understanding that the Fire Department does not object to the Colangelo Plan but this does not mean that department objects to existing situation. It is my understanding that the Fire Department does accept the existing situation with Dellpark ending at the park and is not pressing for change. In the case of the Region, I understand they would consider having a single access from the Colangelo lands to Mountain Road. Their concern is not having too many access points in the future. This can be accomplished by having the developer design his plan with access to Mountain Road and in the future, whether that be 1 year or 25 years, when the adjoining lands develop and two new road access points are created, the direct road link from the Colangelo lands to Mountain Road would be closed and could at that time be developed into a home. I suggest the council reject the proposed plan and let the developer properly investigate alternatives such as access via Mountain Road. ~ood O0 0818 ll.gB The City of Niagara Falls~ Canada Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: E-mail: nfplan@city. niagarafalls.on.ca Doug Darbyson Director PD-2000-89 August 21, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-89, City of St. Catharines Resolution Long Term Protection for Unique Agricultural Areas RECOMMENDATION: It is recommended that this report be received for the information of Council. BACKGROUND: At its meeting of Monday, July 31, 2000, Council considered a newspaper article and corresponding resolution from the City of St. Catharines which requests the Province, through Provincial Policy, to provide long term protection for unique agricultural areas both within the Region and Province in general. Council referred the item to the Planning Department Staff for a report. Council was interested in hearing the comments from the directly affected municipalities such as Niagara-on-the-Lake, Lincoln, Grimsby, West Lincoln and Pelham. It was indicated that the matter should return to Council for their August 21, 2000 meeting. St. Catharines Resolution It should be noted the St. Catharines resolution, a copy of which is attached, does not request the support and/or comments of other municipalities. The resolution is a direct request from the municipality to the Province. Other Municipalities Staff contacted the planning departments of Niagara-on-the-Lake, Lincoln, Grimsby, West Lincoln and Pelham. None of the depat hnents are reporting on the matter nor have been directed to date to report on the matter. Working Together to Serve Our Community August 21, 2000 -2- PD-2000-89 PLANNING REVIEW: Current Provincial Policy Current Provincial policies with respect to expanding urban boundaries state: "Urban areas and rural settlement areas will be expanded only where existing designated areas in the municipality do not have sufficient land supply to accommodate the growth projected for the municipality" and; "Expansions into prime agricultural areas are permitted only where: There are no reasonable altematives which avoid prime agricultural areas; and There are not reasonable alternatives with lower priority agricultural lands in the prime agricultural area." It should be noted that prime agricultural lands are defined as Class 1, 2, and 3 soils which would include soils suitable for grapes and tender fruit as well as the better general agricultural lands. The St. Catharines request mainly deals with the protection of the more unique grape and tender fruit lands and comes on the heels of the Town of Pelham's urban area expansion approval. The St. Catharines request to the Province could have an impact on municipalities which need to expand but have no other options but to expand on more unique agricultural lands. Prohibiting development on this unique agricultural land would also direct development to municipalities which have the capacity in the urban area to accommodate development or which can expand on to lesser quality soils. The St. Catharines request would appear to support the Region's Conservation and Development strategy which encourages Regional development corridors in specific areas for future expansion. This approach has development corridors established on top of and south of the escarpment. One of these development corridors is in Niagara Falls between Chippawa and Fort Erie and the QEW and Niagara Parkway. The development corridors are depicted to show future growth directions when the need for urban expansion occurs. Niagara Falls has a 25 year residential land supply and there is no need for urban boundary expansions on the horizon. While the St. Catharines request focuses on the unique agricultural lands, Provincial policies as indicated above provide similar protection towards the better good general agricultural soils. The soils in the southern area of the City (Willoughby and Crowland) are predominantly Class 3, requiring investment in drainage, and have long been considered to be grouped into this category. The City attempted to create slightly more flexible policies for this area in its new Official Plan but the policies were deferred. Currently, the City, Region and Niagara Parks Commission have jointly hired a consultant to complete a land use and policy development study for the Willoughby area east of the QEW and south of Chippawa. The study is being completed to address the extra development pressures envisioned by the opening of the Niagara Parks Commission golf course. The results of this study can be incorporated into the local and Regional Official Plans and could have an influence on policy development for the remaining Willoughby and Crowland areas which have had somewhat more agricultural activity and better soils in certain locations. August 21, 2000 - 3 - PD-2000-89 CONCLUSION: The St. Catharines request to the Province pertains to the unique (grape and tender fruit lands) between the Escarpment and Lake Ontario, of which Niagara Falls has no designated areas in its Official Plan. The request does not directly affect Niagara Falls. If urban expansion is prohibited on the unique agricultural lands then there will possibly be added growth pressure on lesser quality lands in municipalities like Niagara Falls. Niagara Falls has the residential inventory and local and Regional growth strategy to accommodate such growth. Council has the option of sending a resolution of support to the Province. ave Heyw Planner 2 Respectfully submitted: Edward Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda ~/Executive Director of Corporate Services DH:lt FILE: S:XPDRX2000XPD2000-89.wpd t. II~C. FI:ILLS CLERKS I'I'~M NO. 287 Motion l:~e: Long Term Protection for Unique Agricultural Areas Within the Region and tile Province File: 35.2.2 COUNCII,LOK KATZMAN DECLAR F;n A CO~NI,'LICT OIF INTI~REST ('Pecuniary) to Item Number 2B 7. COLrNCT[J,OR PATRIOIJII~ DECLARED A CONFLICT OF rNT_L6RI~ST (Pecuniary) to Item Nttmber 287. MOVR. D BY COLrNCBr.LOR CASSE'LIX4ANi SECOIN'D~Lm · BY COD'N'CILL(/R Vv'ILLIAMSON: Whereas the unique agricultural lands in the N~agaxa Peninsula capable of growing tender fruit and grapes are a limited and Lrreplaceable resource; and whereas the availability of land is considered to be a major limiting factor in the expansion of the tender fruit industry; and whereas in recent years we have seen tremendous competition b6tvqeen Tender Fruit growers, grape growers and greenhouses which is forcing fruit growers to look at lower quality lands outside of our Region; and whereas the Provincial Government in 1997 removed the protection for unique ~'ricultural lands and provided opportunities fbr Municipalities to expand their urban ereas if there were no reasonable alternatives; and whereas pressure for continued urban growth is placing tremendous pressure on our litaired supply of unique agricultural land; end whereas other jurisdictions in North Anaerica such as Napa Valley in California are recognizing the need to preserve their -nique agricultural lands for the long term; Be it resolved that St. Catharines Council request that the Province through Provincial Policy provide long t~u~ protection for the unique agricultural areas both within this Region and throughout the Province; and further, that a copy be forwarded to the Regional Municipality oflqiagara, local M.P. and I'~_P .P.s. ~i:~,F~LL~LL,~kq~b'$)JL~ib']U;Lb AGRICULTURE oe Cr'L'y CO~Ne~ THREE CENTURY CLUB Fi~Z/~Z criticize St. Catharines' request pan:~of~'td ad," said St. mcillor Peter :e and see k is s duty: 15- each daily 'nade iginat y per s dis- .far~ SlxFia<js' ~ueen St.' St. I I ] A'I'FENTION I I on your envelope. I RPN Clndy RIchardson holds a certificate presented to Rhoda Beert from NIagara Flits MPP eart Maves, officially making Rhoda part of the exclu- sive Thee Centiary Club, Rhoda was born May ?.2, 1895 lind lives It the DEVELOPMENT Sm t ville hopes to avoid OMR Town, tieveloper resolve creek ware.heal and ..'t be devel- two objections to project oped. By KALVIN REID est Lincoln is hopin~ to kill an befot~itishe~l. opmeut CO~p. ha~n~ convinced two par- ties to drop theix objections to a pro- ~ commercial and r~id~nfial pro- j~t v~ of Smithyfile, 'but a third ob- j~on And if a deal can't be wotl~d out to have him drop his a~peal, Su~mside is still hopinS a hearing will not take place. *"We are hopin8 the ~ird will wi~h- draw," said Boben Hazra, a consulrot representing Streamside. ~If not, we wfil appeal w the boald not to hear this because it is frivolous and only intend- ed w cause delay," Streamside has 25.5 hecmres along Highway 20 just west of Smhhville's urban boundary. Howewe, most of the the.property lies in the TwenW Mile About four hectares finndug on the hiZhway is targeted for a conercial plaza and 8.7 hectares between that development and the flood line is pro- pnsed for a mix of detached and wwn-' house dwellinSs. In the sprinZ, Niagara P-,egion's plan- n/n~ services committee approved an ~n to Smithville's tuban bound- ary to permit the development, and Wednesday it recommended the land' be redesi~tated from ag~icolt~l w a mix of commereiai, residential and hazard. Planning director Corwin Cambray said the latest step would allow the OMB appeal, if it is heard, to deal with all the issues at once. - "We do expect this to be appealed," he said. "Two objectors may have with<inwn, but one remains: West Lincoln Mayor Lorne Nelson said he is anxious to have the matter se~ed. · "We certainly are in [avour of this project goin~ through," he said, to be reviewed by Region ~y KALVl~ R~3D ~tandard Staff drew criddsm imm ~ae L.~ic~'s plarmin8 body The motion, passed by St, Catharines dtycouncilJnly24,~ksthelmovinceto d a poHcyforffie long-term pm0ec Nia.gara peninsula and across the provmce. But some mereben of Niagara's plan- t~'esccne_ "I think were taldng a .'~.al shot at the greenhouses here," said Pelham Mayor Ralph Beamer. "Quite fra:ak~; if I was s~ffi~gafnfitfannlzx:lay,~dgotoWain- ~eet or Dunnv~le. Ttk-/~gutgr,'.at fruit land down that way," St. Catharines Regional Councalor ter Partington said he was concerned about the gn~-',honse querdon estx~Sal~, considering~emremicpommia3. He d/d n~gnizc the need to presente farm lands, but added some concessions hav~tobemadeforgtowth. date urban dwellezs." The St. Catharines recommendation wasalsolookedatcr/ticailyinlightofthe recent Ontario Munkipal Beard derision adding2Olhecsareso agriculturalland However, th~ intent was more to clear the air than slam the modo~ "The Town of Pelham will not grow very difficult to'grow French hybrid "Unfortunately, the recommendation f~om the dry of St. Catharines came out azound the sane time. lthas',~.nj'tittleto do with ttfis because ~ is nut unique Even ~hough the mc~en was passed by SL Catharines council a~er the OMB deri- sion was tabled, City Counddor Judy. Cas- daxd, she said the tooden was prompted by concerns from the wine indusuy be- The planning commktee has recom- mended the St,' Cad',adnes motion be re Msn-SUMMER SAVINGS SALE! -_ ) The City of Niagara Falls j Canada Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfpian@city.niagarafails.on.ca Doug Darbyson Director PD-2000-90 August 21, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-90, Request for Extension to Draft Plan Approval Ascot Woods Extension 6, 26T-92003 Owner: Ascot Woods Limited RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. BACKGROUND: The approval authority for this Draft Plan of Subdivision has been delegated to the City from the Region. In accordance with the original draft plan approval conditions, final approval must be obtained within two years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions o.f approval. In order to ensure that draft plans are not automatically extended without consideration being given to current C. ouncil policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. PLANNING REVIEW: In a letter dated June 28, 2000, Mr. Brian Sinclair submitted a request for an extension to draft approval of the Ascot Woods Extension 6 Plan of Subdivision (see attached letter and location map). Original draft approval for the Plan was received from the Region on September 15, 1994. Several extensions have previously been granted. IVnvki. r, Tnoatbav tn .~arvp (gttr (TnnD. unitv August 21, 2000 - 2 - PD-2000-90 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan consists of 3 blocks of land for residential apartments and a block for commercial use. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The Region has no objection to the extension of&aft approval for a one-year period. The developer has indicated that marketing the plan h~ been difficult but anticipates proceeding in the near future. The final registration of this subdivision plan, as well as others in the City, .may potentially be delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a development strategy in place that permits development to proceed City-wide on the basis that the City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation program has been suspended which affects this City/MOE development strategy. Therefbre, all developments must be reviewed individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a further one-year extension (until September 15, 2001) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information purposes. Prepared by: Richard Wilson Planner 1 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda /~'Executive Director of Corporate Services RW:gd Attach. FILE: S:XPDRX2000XPD2000-90.wpd BRIAN SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356-7755 FAX: (905) 356-7772 June 28, 2000 Mr. Ricbard Wilson Planning & Development Department City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Ascot Woods Extension 6 Subdivision We note that draft plan approval for the above-noted subdivision expires on September 1S, 2000 and would request that you treat this letter as a request for an extension of draft plan approval for a further period of one year to September 1S, 2001. We would point out that Ascot 6 has been very difficult to market, however, we are doing everything we can and anticipate that something will develop in the near future. We are sending a copy of this letter and the appropriate fee to Eric Conley of the Regional Municipality of Niagara so that he is aware of our request for an extension. Yours faithfully BS/ab Enclosure c.c. Mr. Eric Conley - Enclosed please find cheque of Ascot Woods Ltd. in the amount of $350.00 to cover your draft plan appr'ovp_/_.:e~./c~.sio~ fee.~ , tRECEIVED jrLr~ 3 0 280~ Draft Plan of Subdivision Ascot Woods Extension 6 26T-92003 post Location Map Subject Land Wanless Street Hwy. 420 1: NTS The City of Niagara Falls Canada Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Fax: 356-2354 E-mail: nfplan@city.niagarafalls.on.ca August 21, 2000 Doug Darbyson Director PD-2000-91 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-91 1) Zoning By-law Amendment Application City File: AM-36/99, Peter J. Lesdow, c/o Andrew Cserpes Property: Rainbow Motel and Hydro One Property; and 2) The Use of Hydro One (formerly Ontario Hydro) Property for Parking. RECOMMENDATIONS: It is recommended that: 1) Council reaffirm its decision to deny Zoning By-law amendment application AM-36/99 and staff be directed to advise the Ontario Municipal Board accordingly; 2) Council adopt a policy that the westerly half of the Hydro Corridor will be maintained as a vegetative buffer between the City's residential neighbourhoods and the Central Tourism Districts; 3) Council adopt a policy that allows the easterly half of the Hydro Corridor to be used for commercial parking lots in accordance with the TADS study recommendations, and for overflow parking in conjunction with specific accommodations and attractions within a 1,000 foot radius; and 4) Council continue to use temporary use by-laws for parking, but only in emergencies or special circumstances where there is a hardship and for land already zoned for commercial purposes. BACKGROUND: On May 8, 2000, Council held a public meeting to consider an application (AM-36/99) to amend the City's Zoning By-law No. 79-200. The amendment was requested to permit the Rainbow Motel to be expanded into a 5-storey hotel through the construction of a 2-storey and 5-storey addition on top of and in front of the 3-storey portion of the building and to permit some of the parking for the hotel to be provided off-site on land to be leased from Hydro One. After considering staff's report (PD-2000-54) and the objections of area residents, Council denied the application. August 14, 2000 -2- PD-2000-91 On May 29, 2000, John Crossingham appeared as a delegation before Council in an attempt to get Council to reconsider the rezoning application for the Rainbow Motel. After hearing Mr. Crossingham's presentation, Council decided not to reconsider the application, but rather to hold a neighbourhood meeting to enable the applicant to further explain the project and to become more familiar with the area residents' objections. Subsequent to Council's decision not to reconsider the application, the applicant filed an appeal with the Ontario Municipal Board and asked the Board to mediate a solution. A neighbourhood meeting was held on July 19, 2000 as directed by Council. The meeting was attended by eight area residents, the applicant, his agents, the Mayor, several members of Council and staff. During the meeting, the area residents made it clear that they were still opposed to the. applicant's proposal to build parking spaces on Hydro One lands adjacent to their homes. Th_e..v also made it clear that they feel the hotel should provide all of its required parking on-site (in a parking garage if necessary) and that any extra parking spaces that were desired should be provided on other lands in the area owned by the applicant and already zoned for commercial purposes. In response, the applicant stated that he did not want to use any of his other land holdings to provide extra parking spaces for this project. Several members of Council reiterated that Council was willing to allow off-site parking on a temporary basis, but that was rejected by the applicant. Area residents suggested that impacts on residents living near the City's tourist areas could be reduced by: 1) maintaining Hydro One's lands as open space and refraining from using them for parking altogether; and 2) maintaining half of Hydro One's lands nearest the residences as open space and allowing the other half to be used for overflow parking. A third option suggested by the applicant's lawyer was to increase parking standards and require them to be provided on the same site as the development. The meeting was concluded acknowledging the residents' opposition to the off-site parking proposed next to their homes on Hydro One's land and their relief that Council had denied the application. AN OVERVIEW OF THE USE OF HYDRO ONE'S LANDS FOR PARKING: The issue of using Hydro One's land for off-site parking has recently been a topic of much Council debate and discussion. This portion of the report is in response to Council's request for guidance and direction on this issue. Historically, Hydro One's land has been used as the boundary between sensitive land uses in the City's Official Plan (ie. residential & industrial; residential & tourist commercial). In keeping with the Plan, in most cases, a line drawn down the middle of the Corridor forms the boundary between various zones in the City's Zoning By-law. As a result, the easterly half of the Corridor adjacent to the City's Central Tourism Districts is zoned Tourist Commercial (TC) which permits a variety of commercial uses as well as parking lots. Exceptions to this occur where a street provides a more logical boundary or when the corridor abuts a zone which allows less sensitive land uses (ie. Institutional). Refer to the attached map for further detail. August 14, 2000 -3- PD-2000-91 Normally all required parking is to be provided on-site in accordance with the Zoning By- law. The recent development boom in the City's tourism industry has resulted in a new interest in satisfi~ng parking requirements off-site on less expensive and leased lands. In the past, staff have generally recommended off-site parking only when the site was owned by the same party and in close proximity to the development (ie. Renaissance Hotel, Sheraton Fallsview Hotel). The TADS study encourages the use of the Hydro Corridor for public parking lots to encourage pedestrians to walk through and about the tourist area and to facilitate the removal of parking from Queen Victoria Park. TADS also recommends that parking requirements should be met within a 1,000 foot radius of a development. Where parking is provided off-site, it must be secured through ownership or a long-term lease. To date, these recommendations have not been adopted as Official Plan policy. The apparent reason for the interest in providing required parking off-site on leased l~nds is that it is less expensive to lease lands and build a surface parking lot than it is to build a parking garage. Council has responded by passing temporary use by-laws to allow off-site parking on leased Hydro One's lands premised on the developer using the off-site parking only until a parking garage has been built on the same land as the hotel (ie. Hilton, AM- 10/2000). Regardless whether Council allows the practice of providing off-site parking to continue on owned or leased lands or not, it has become apparent in recent months that area residents have grown accustomed to the buffering effect of the Hydro Corridor. Hydro One's planting of hedgerows around the perimeter of their lands many years ago has only served to improve their ability to screen and buffer residences from noise, dust, light and odour impacts associated with tourist commercial uses. It is understandable, therefore, that residents have become upset at the prospect of losing this buffer to parking lots and being subjected to their associated impacts. As already noted earlier in this report, in many places the easterly half of the Corridor is currently zoned TC which permits the development of a variety of commercial uses as well as parking lots. Council should decide whether it wants to remove the TC zone from the Corridor and replace it with an Open Space (OP) zone to make the entire corridor a buffer, which Hydro One would likely object to, or whether it wants to leave the zoning intact and allow the easterly half of the Corridor to' be developed as currently allowed. If Council chooses the latter option, which is basically the status quo, they may want to adopt a policy th~it all parking provided on the corridor must be over and above what is required and provided on-site, in accordance with the Zoning By-law. Staff recommend this latter approach. Temporary use by-laws should only be used to allow off-site parking on leased or owned land in emergencies or in special circumstances when there is a "hardship" as was the case with the Hilton Hotel (AM-10/2000). In all cases where a temporary use by-law is used, the land should already be zoned for commercial purposes. In accordance with good planning principles, and the Zoning By-law, all developments should continue to be required to provide their required parking on the same lands as the use they serve. August 14, 2000 - 4 - PD-2000-91 On June 12, 2000, Council adopted the recommendations contained in PD-2000-70 which addressed landscaping standards for surface parking lots. Council directed staff to update the design guidelines contained in TADS to require a 20-foot landscape buffer strip between parking lots and structures and abutting residential properties. Council also authorized staff to investigate revisions to the Zoning By-law to implement the guidelines contained within TADS as they relate to landscaping within and around surface parking lots. When these two changes are implemented, they should assist in ensuring that an acceptable measure of land use compatibility is achieved between parking lots/parking structures and abutt'mg residential properties. CONCLUSION: Council denied Zoning By-law amendment application AM-36/99 based on the comments and submissions received from area residents at the public meeting held on May 8, 2000. In accordance with Council's instructions, a neighbourhood meeting was held on July 19, 2000. At this meeting the area residents reiterated their strong opposition to the applicant's proposal to construct a parking lot on the Hydro Corridor next to their homes. It would be appropriate for Council to reaffirm its decision to deny the application. With the recent development boom in the City's tourism industry and the recent interest in using the Hydro Corridor between the City's Central Tourism District and the abutting residential neighbourhoods, it would be appropriate for Council to establish a number of policies on its use as a guide to future development applications and to ensure that area residents are protected from potentially incompatible land use relationships. Prepared by: Ken Mech Planner 2 Respectfully submitted: Chief Administrative Officer Recommended by: Doug Darbyson Director of planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services KM:lt Attach. S:~PDRX2000~PD2000-91 .wpd ~OB~NSON 9T, TC iTCH 47T-' !. 96 ST ~ The City of Niagara Falls Canada Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-93 August 21, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: PD-2000-93, Application for Site Plan Approval SPC-29/2000, 8066 to 8078 Norton Street Proposed Five-Unit On-street Townhouse It is recommended that Council approve the site plan for a proposed five-unit on-street townhouse at 8066 to 8078 Norton Street. BACKGROUND: On July 17, 2000, Council deferred its decision regarding this application due to concerns raised by a neighboufing resident, David Ovens. Mr. Ovens had concerns with surface drainage and grading, as well as preservation of street trees. A meeting took place between Mr. Ovens, the developer and representatives of Municipal Works. The matters in question were resolved and mutually agreed upon by all parties. As such, approv. 1 of the site plan is recommended. Prepared : msley -* ' Recommended by: Director of Planning & Development Approved by: ,--Tony Ravenda Executive Director of Corporate Services JB:gd Attach. FILE: S:\PDR\2000'~PD2000-93.wOd _R_~,ectfu~ su~tted: Th" Eity of Niagara Falls~ Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca July 20, 2000 Ed Dujlovic, p. Eng. Director Mr. David Ovens 3881 Front Street Niagara Falls, Ontario L2G 6G3 Dear Sir, Subject: Site Plan - Proposed 5 Unit Townhouses Front Street File: AM-03-2000 The purpose of this letter is to reiterate our discussion which took place during our meeting of July 19~ with the developer. It was agreed that initially; one municipal tree will be removed to facilitate the construction of a driveway. It is also understood that the installation of services and the construction of driveways could possibly damage some of the remaining three trees. If a tree is damaged, the developer will call the city forestry supervisor, Mr Tony Giaeobeti, to determine if the tree must be removed. It was agreed that the proposed drainage system was adequately designed to improve the drainage of your lands. However, prior to construction, the developer will take an elevation shot to confimx that the proposed invert of the 250 mm diameter pipe is at or below the invert elevation of the existing ditch. As a result of our meetingOt was clearly understood that all your concems have been addressed and you would have no objection to the site plan receiving council approval. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development ./ -2- If there is any misunderstanding, please contact the undersigned as soon as possible. .'~./Brad Simpson, C.E.T. BS:bp Doug Darbyson Aldemtan Fisher Alderman Michalczyk Ed Duj lovic Tony Gialobetti Brookdale Properties Inc. Attention: Greg Strano :i The City of Niagara Falls Canada Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafatls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city. niagarafalls.on.ca Doug Darbyson Director PD-2000-94 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario August 21, 2000 Members: Re: PD-2000-94, Application for Site Plan Approval SPC-04/2000, 5651 Lewis Avenue Proposed New Warehouse for Kraft Canada RECOMMENDATION: It is recommended that Council approve the site plan for a proposed 61,000 sq. ft. warehouse for Kraft Canada' at 5651 Lewis Avenue. BACKGROUND: An application for site plan approval has been received from Kraft Canada for the facility at 5651 Lewis Avenue. The applicant proposes to construct a 61,000 sq. ft. warehouse which will replace a recently demolished warehouse. The site plan also proposes some site improvements along with the expansion that includes a new parking area for visitors and employees, landscaping along Lewis Avenue, Slater Street and Lome Street and improved truck entrances off Lewis Avenue. The site plan has been satisfactorily reviewed by the Site Plan Technical Committee and, as such, approval is recomm nded. PrepaU;;: Recommended by: D~b~son'~ Direeter of Planning & Development Approved by: Tony Ravenda z~Executive Director of Corporate Services Respectfully submitted: Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2000-96 August 21, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2000-96, Regional Policy Plan Amendment 147 Minor Urban Area Boundary Expansion Thorold Stone Road and Kalar Road (Northwest Corner) RECOMMENDATION: It is recommended that Council advise the Region that the City has no objection to proposed Regional Policy Plan Amendment 147. PROPOSAL: Regional Niagara has circulated this application for municipal comments. The property is on the northwest comer of Thorold Stone Road and Kalar Road (see location map). The amendment is for a minor expansion to the Niagara Falls Urban Area Boundary which currently is directly east of the subject land along Kalar Road. The applicant proposes to develop a residential subdivision on the 1.166 hectare (2.88 acre) site with 11 single-detached lots and 1 block containing an existing dwelling. Additional approvals will be required for Official Plan and Zoning By-law amendments (File AM-.16/2000) and the subdivision CVegter Estates", File 26T-11-2000-04). These related applications will be considered by Council following the Region's decision on the inclusion of the land within the Urban Area Boundary. PLANNING REVIEW: The site is designated Good General Agricultural Area in the Region's Policy Plan. Similarly, the City's Official Plan designates the property Good General Agricultural and the land is zoned A (Agricultural) through Zoning By-law 79-200. Shriner's Creek abuts the property to the noah and west with agricultural uses beyond this watercourse. There is a commercial plaza located to the south with existing and proposed residential development to the east. Working Together to Serve Our Community August 21, 2000 - 2 - PD-2000-96 The expansion of the Urban Area Boundary to include this property has merit. The small size and location of the parcel restricts its potential agricultural use. The site is not farmed currently and a change to urban use should not impact the broader agricultural area. Shriner's Creek provides a natural separation from the agricultural land to the west. Urban-type uses exist to the south (although outside of the Urban Area Boundary) and residential development is located to the east and southeast. Municipal services are available to be extended to the property from Kalar Road and Thorold Stone Road. The protection of the environmentally sensitive Shriner's Creek appears to be the major issue with respect to the urban use of the land. The creek is designated Environmental Protection Area in the City's Official Plan with portions surrounding it designated Open Space. Details of the required protection this fish habitat and weftand area, including stormwater management and erosion control techniques, will be addressed through the specific development applications. The Region has requested the applicant to prepare an Environmental Impact Study and may include special protection measures for Shriner's Creek if Regional Policy Plan Amendment 147 is approved. CONCLUSION: The proposed minor expansion of the Urban Area Boundary to include the subject land is appropriate. Further approvals will be required to municipal planning documents and for a plan of subdivision in order for the site to develop for residential use as proposed. Special consideration is necessary for the environmentally sensitive Shriner's Creek. Prepared by: Richard Wilson Planner 1 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda f~"Executive Director of Corporate Services RW:tc Attach.' FILE: S:~PDR',2000~PD2000-96.wpd Regional Policy Plan Amendment 147 Thorold Stonl / Subject Land ~1 ~~n Map 1: NTS S:~uhtiv~XPsuMW=gt~ap~ing,~p~ June 2000 t'lI AG. FALLS C:LER iCE: '(fj ('35' I 5 (jLzl ::'_-L :J The Royal Canadian Legion NIAGAkA FALLS (ONT. NO. 51} BRANCH July 14, 2000 His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Your Worship, On behalf of the Royal Canadian Legion Branches No. 51, 396 and 479, we request that the week of September 17th to 23rd be proclaimed "LEGION WEEK". This week will be observed through Canada and many Branches will have activities to make the public aware of Branch and Community projects. Branch 51 will be responsible for the payment of publication of the Proclamation in the Niagara Falls Review. Thank you for your attention to this very important event. For any further information, please contact Helen Keating at 354-8331, regarding Legion Week. Yours truly, Verna Bird Pres. Br.51 cc:.Br.479 396 124 AL)6 2 1 5743 Valley Way, Niigara Falls, Ontario L2E 1X7 Tel: 905-354-8331 FALLS: CLERKS' .)f'3 i:lg 15 07,:'-' -": The Royal Canadian Legion NIAGARA FALLS (ONT. NO. 51} BRANCH July 14, 2000 His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 OFFICE OF i '. ~A/~YOR Dear Mayor Thomson: On behalf of the Royal Canadian Legion Branches 51, 396, and 479, we request that permission be granted for a Legion Flag Raising Ceremony to be held on Monday, Septe~Der 18, 2000, at 9:00a.m. in honour of Legion week. This week will be observed throughout Canada and it would be greatly appreciated if permission could be received to fly the Canada Remembers flag at City Hall. We also request your presence and members of City Council at this event. We appreciate your attention to this matter. Yours truly, Verna Bird Pres. Br.51 I::,LM,',NtNC~ 1~EET!NG. AgO 2 t 'L'6%% 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 JUly 14, 2000 FALLS CLEO The Royal Canadian Legion NIAGAkA FALLS (ONT. NO. 51} BRANCH His Worship Mayor Wayne Thomson 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Thomson: On behalf of Branch 51 O~FIC'~ OF THE M~YOR of the Royal Canadian Legion, we are requesting permission to use the venue of Fairview Cemetery in Niagara Falls to hold our annual Parade to the Unknown Soldier at 10:30 a.m., Sunday September 17th, 2000. This is the beginning of Legion Week and other Branches and Veteran units will be participating. Thank you for your attention to this matter, we remain Yours truly, Verna Bird Pres. Br.51 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905-354-8331 FALLS CLEP. KS ' O0 !~8U4 ~b ~-' ROTARY CLUB of Niagara Falls SUNRISE "He prof~ most who serves best" "Service above self" August 4, 2000 Mr. E. C. Wagg, C. M. O. City Cterk City of Niagara Fairs 4310 Queen Street Niagara Fails, ON L2E 6X5 Dear Mr. Wagg: The Rotary Ctuf of Niagara Fairs Sunrise wit[ be hosting its annuat arts and crafts show, "Art By The Fairs" once again this fail. We respectfully request that the City Councfi of the Corporation of the City of Niagara Fails adopt a resolution to recognize this event as a designated "community f. estiva[". This year's show dates are September 15, 16 and 17, 2000. Arthough we are fu[ty aware this is an extremely busy weekend in Niagara Fails and the Niagara Region we woutd tike to take this opportunity to extend an invitation to Mayor Wayne Thomson, Members of Council, City Staff and a[[ their families to visit us at our show located at the Niagara Parks Commission's Rapidsview Parking Lot. There wi[[ be an excet[ent selection of arts and crafts from across Ontario as we[[ as entertainment and food servives from the Region. Yours truly, Rotary Ctuf of Niagara FaUs Sunrise .... , i, t, P. E.g. ," ,, ~: i~.~.T' "L~ ~i~ the Fails MEETINGS: THURSDAYS, 7:30 AM ' SHERATON FALLSVIEW HOTEL ~ 6755 OAKES DRIVE, NIAGARA FALLS ' L2G 3W7 T NIAGARA PENINSULA 2ANADIAN - HUNGARIAN CULTURAL SPORTS CENTRE NIAGARA FI~LSZIGET KANADAI - MAGYAR KULTLIR I~S SPORT KC~ZPONT P.O. Box 95, Niagara Falls, Ontario L2E 6S8 July 23, 2000 City Hall Niagara Falls, Ontario L2E 6X5 To Whom It May Concern: As social organizer of the Hungarian Club, I am informing you that we would like to have a picnic on Sunday, August 27, 2000, on our grounds where alcoholic beverages will be served outside and in our hall. The Arpad Hall together with 1174732 Omario Inc. will be holding this picnic. The Arpad Hall and 1174732 Ontario Inc. are situated at the comer of Montrose and Biggar Roads and is on 34 acres of land that is partially fenced in. We will be serving traditional Hungarian foods and have folk music and dance. We expect a turnout of about 250-300 people. The beverages to be served outside will be served by our pavilion in a fenced area approximately 60' x 70' with a 4' fence. Our washroom facilities can be accessed in our hall either by the main hall entrance or from the north side of the building. We hope to have a good turnout and that everyone has a good time. Thank you. Sine~ely, Margaret Szoke Social Organizer c.c.L.C.B.O. Hi~iC. FriLLS CLERKS '00 Or:,'i_ j. i4:'[,~ INTER-DEPAR TMENT MEMORAND UM TO: E.C. Wagg City Clerk FROM: Peter Corfield Fire Chief SUBJECT: PROCLAMATION - "FIRE PREVENTION WEEK" August8,2000 We respectfully request that the Mayor of the City of Niagara Falls proclaim the week of OCTOBER 8th through OCTOBER 14th, 2000 as "FIRE PREVENTION WEEK". This date is universal throughout North America. Please find attached a recommended layout to be inserted in the newspaper. We would appreciate if this proclamation could be scheduled for the September 25th council meeting. Please advise us should it be scheduled at a different date. The theme for the second consecutive year is: "FIRE DRILLS: THE GREAT ESCAPE!l" Fire Chief PC:th PLAN.~ING tti~t::Th".~i~, AUIj 21 ZOO_O__ Fetal Alcohol Support Network 250 Scarborough Golf Club Road Toronto ON M1J 3G8 Mayor Wayne Thompson City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 00/07/14 !tf OFFtG~ ,. ~- u~vnR Dear Mayor Thompson: Through your initiative, Niagara Falls, ON, was among the first cities in North America to proclaim September 9, 1999 as FAS Awareness Day. In fact, a number of other cities used your model for their proclamations. International Fetal Alcohol Syndrome Awareness Day started right here in Canada, and by September 9 last year, there were over 80 volunteer coordinators in eight countries around the wo~d who were carrying out events to let their communities know that, during the nine months of pregnancy, a woman should not drink alcohol. We haven't changed the world yet, but we are making progress. This year, 4 more countries will be adding their voices to ours and the media is beginning to pay some attention to the fact that there is no lower threshold for the amount of alcohol that is safe for the fetus. I have enclosed a copy of the FASworld Report that details the impact of the work done by volunteers last year, the media coverage, and some of the key points about FAS. We would be very pleased to have Niagara Falls back with us this year by proclaiming September 9, 2000 as FA__S Awareness Day. I have attached the copy that was sugg(stei]"F6i last yea?s proclamation, modified for this year. Your support helps us to send a very important message to all citizens who care about out future generations. Thanks again for your help last year. Yours truly, Brian Philcox President PLANNING t,EEThNG Tel 416.264.8111 Fax 416.264.8222 · E:mail ogrady~pathcom.com · www. fasworld.com Volume No.l, Issue No. I International FAS Day In One Magic Minute, Changed the W/arid: 1999/9/9 9:09 am n late February, 1999, a small group of burned- lout parents, most of whom had never met face- to-face, set out to change the world. We are parents of children with Fetal Alcohol Syndrome or Fetal Alcohol Effects (aka FAS/E), one of the more common birth defects in the world, and the one which could be totally prevented. FAS/E is caused.by maternal drinking in pregnancy, and it affects about 1 in 100 people in North America, about 4 times in incidence of AIDS/HIV. (There are about 3 million help for our problems on the online support group, Faslink, for two years or more. An~on that February day, we began to wonder: What if, on the ninth minute of the ninth hour of the ninth day of the ninth month of the year one thousand, nine hundred and ninety-nine, we asked the world to remember that during the nine months of pregnancy, a woman should not drink alcohol? And, what if we also asked the world to remember those millions of people who will never ful~l their genetic potential, because of people with FAS/E in the U.S., and 300,000 in Canada, the majority undiagnosed.) In Eastern Europe and the countries of the former Soviet Union, the rate of undiagnosed FAS is even higher. Our original volunteers were mainly adoptive and foster Ijarents, plus a '-\~ small but committed number of mothers in recovery, who have been working hard to inform and support o.ther women with substance abuse problems. All of us lived daily with children whose prenatal damage caused mental retardation or learning disabilities, plus severe acting-out behaviour that disrupted our lives and their classrooms, and often physical problems requiring much medical attention. For most of us, life revolved around our children's crises: most mothers had been forced to abandon any thought of a full- time career. Frustrated by the lack of public awareness of FAS by both public and professionals, we had sought prenatal alcohol? At this magic minute in history, could we begin to change the world? And we began to work on it, building alliances, with only the help of the Internet. Our group grew to include more than 70 ~-: volunteer coordinators in eight countries. Our northern-most volunteers were in Alaska, Yukon and the new Canadian territory, Nunavut, our southern-most in New Zealand. We obtained FAS Day prodamations from numerous cities and towns, and 13 U.S. states. FAS Day began in Auckland, New Zealand, where "Minute of Reflection" bells rang at 9:09 a.m., at Mt. Albert Methodist Church. Then it moved to Adelaide, Australia, and then to South Africa, where at 9:09 a.m., Cape Town volunteers gathered to hear the War Memorial Carillon that rang when Nelson Mandela was released from prison. Volunteers in Italy, Germany and Sweden held events - and then FAS Day crossed the FASworld: ogrady@pathcom.com voice 416.264.8000 or 264.8111 fax 416.264.8222 -2- Atlantic. There were events in every time zone across Canada and the U.S., including ringing of carillons in Toronto, ON, Hastings, NE, Wichita, KS, Minneapolis and Rochester, MN, Austin and San Antonio, TX, and Chicago, IL. The western- most activity was the community breakfast on the tiny island of Kitkatla, BC, near the Queen Charlotte Islands, where the village bell rang at 9:09 a.m. followed by prayers in the native tongue by village elders. We missed a few international time zones. We did it all on $100 in donations, plus thousands of hours of volunteer labor. It was a labor of love and passionate commitment. And all of us know that in one magic minute, we really did begin to change the world. · ~i~r~ at ~ of ~o~ &hoo~ Tok~, Og ~ng be~ ~ 1999 919 9:09. 5. ~'inl:s il{ ]k:x6' t~xrrcaust a slorm .'...: 'n:i.::,, the. firsl hucrnafiolml I:~S ~ baucrcd ~nd 'cighl c~umries proved a.:i~}]' . ... . :..: Adopdv~'f~heb 'ai]~ .:.... ': ,FAS/FAE,: ~ .P... ~*i;Uildiii ~.~k,; .?'... i,sychologists,, :d ps~;Chi/:~'[{[~'.' ~4` "' al , . · udde.,fl · die · (ou,td the eneq~y.xo write to S )~ ..... , , ,:,:'~. ...'...f ]:AS l)a>: l,rodam~tio,u;'pi{'o,iea;or'~'rot~'the' ' · mesa .n2.':'" asked' The Minute of Reflection and Bell Concordance Everyone participating in FAS Day was invited to share in the "Minute of Reflection" - 9:09 a.m. on September 9, 1999, as it moved around the world. This was a magical moment in history - the ninth minute of the ninth hour of the ninth day of the ninth month of the year one thousand, nine hundred and ninety-nine. The Minute of Reflection symbolized the worldwide circle of community which links all of us who care about FAS. On Sept. 9, bells in many time zones marked the "magic minute" at 9:09 a.m. We called this, the ' FAS Bell Concordance". In early August, we learned that the only carillon in Africa, the historic 37-bell War Memorial Carillon in Cape Town, South Africa was scheduled to ring at the Moment of Reflection. Installed in 1924 in memory of those who fell in World War I, the carillon has rung out on numerous historic occasions, including the release from prison of Nelson Mandela. Carillons are the world's largest musical instruments, and their music can be heard for miles. chimes, hand bells, musical instruments, or shook traditional aboriginal "rain sticks". We came up with the bell idea as there is a purity about bells that reminds us of the innocence of children. As well, bells are historically associated with warnings, alarms, marking important moments, and simply pealing for the joy of connecting with the community. FAS Day was all of these things. ~_ We plan to have even more carillons and bells ringing on Sept. 9, 2000. ~- From the Oxford English Dictionary: Concordance: 1. The fact of agreeing or being concordant; agreem Oat, harmony... 4. An agreeable or satis~ctory blending of musical sounds or notes; harmon~ Below: Vivien Lourens of Cape ~wn, South Africa, with daughter ~t~ha, FAS. CoundesLs other church bells and other bells rang -4- The KNOT Tied Round the World We have been pleased by the enthusiasm that volunteers from New Zealand to northern Canada have expressed for our new wearable symbol, the "FAS Knot". Each FAS Knot can be easily made in about a minute, for less than ten cents, and can be used as a fund-raiser ($2 - $3 each) or given away as promotions. (See photo, page I) This piece of knotted cord was designed in memory of Abel Dorris, 1968-1991, whose brief and poignant life resulted in the groundbreaking 1989 book about Fetal Alcohol Syndrome, "The Broken Cord", written by his father, Michael Dorris, 1945-1997. The broken cord may refer to the umbilical cord, the spinal cord, the nervous system, the cord between the generations, or the cable on an elevator. Michael Dorris wrote that if we back off on our children with Fetal Alcohol Syndrome or Fetal Alcohol Effects, they will sink like an elevator once the cable is snapped. Ten years later, a loving community around the world reconnected the broken cord, and the FAS Knot is our symbol. The cord is tied in a square knot, sometimes called a reef knot, the favored knot for reconnecting a broken line or cord. The knot is stronger than the cord itself, and cannot be broken or snapped. To make the FAS Knot, we suggest an eight-inch piece of 3/16" white cord, available in most hardware Stores for a few cents per foot. You make a circle approximately the size of your thumb, then tie right over left and under; left over right and under. It should look like two loops intertwined. By choosing a cord instead of a ribbon, we are separating ourselves from all of the other disorders. We are not just another cause trying to raise money - we represent those millions of individuals and their families who have gone unrecognized, unidentified, neglected on this continent and throughout the world. The cirde symbolizes the womb, a baby's head, the human brain, the earth. And we, a planet-size network of people who care about people living with FAS, are the knot that will make them whole. If women did not drink in pregnancy, FAS would be totally eliminated. Our long-range goal is to rename this small piece of cord, "The FAS Not!". The FAS Knot was designed by Bonnie Buxton and Brian Philcox, trademark pending. You can find step-by-step photos at http://www. come- over. to/FASWORLD/. We encourage groups supporting FAS/E endeavours to use it for promotion or fund-raising, and ask only that you notify us before doing so. Write to us at: 250 Scarborough Golf Club Road Toronto, ON M1J 3G8 Tel 416.264.8000 Fax 416.264.8222 E-mail ogrady~pathcom.com ' The tMIdren of Kira Meawasi~e. FAS Day volunteer and yo.th worker at Native Child ~nd Fatally Services, Toronto. 2}p rowt Chrls, 10, ]~ck~ 14, ]anie, 15; second row: Raven, Z Lisa. 8; front row: Brenda. 5. -5- As the World Turned on FAS Day A Sampling of Events and Activities: · Auckland, NZ: breakfast for FAS supporters, Minute of Reflection bells ringing in nearby Mt. Albert Methodist Church. Events also held in · San Antonio, TX~ day-long information program for teachers and others concerned with FAS, included presentations from FAS Day volunteers, Claudia Barker and Dr. Bob Clayton. Wellington. Hamilton and Invercargill. · Austin, T~ program built around the 56-bell · Cape Town, South Africa: program outside; ;; Kniker C~illo~' at~ldi~t~rsity of Texas. historic 37-bell War Memorial Carillon. which'~'s? ~:Tu~a;"'AZe.~-gt:09 a.m.~;ils at St. Augustine rang when Nelson Mandela was released Eeam" ~ ";s Ca~gdral;. cCoor program featuring two young prison. peg~/;'whg s~ggle daily with FAS. :- · Kiel, Berlin, Flensb urg and Hamb urg,'jGerm~r: % Lak~landi ~.: five communities partidpa_.ted in posters, buttons, info stand in town ~ntre; ?=.~!~: :~dayg'lon. g evg~':induding poster blitz,.:mza-~ information evening for Social~'Servicg~gh~s,;i,~,?!T~ ~g~ar .~{tf~ering "pregnant pause". a~z~' physicians; famous restaurant giving free non-alcogaic . for pregnant women,:v~urch bells alcoholic drinks to pregnant women all day long. · Iqualuit, Nunavut: events induded church bells, art exhibit featuring soapstone carving donated by famous artist Ookpik Pitseolak, showing drinking mother with baby in "amouti" (parka hood.) · Toronto, ON: program inside Mctropolitar. United Church induded in,e, ,m~ io,ml MM,c.s on church carillon, native drum singericicle, oflcri,l: ringing, junior high school students r/i~g FAS Knots, prodamations in all five commumnes. · Rea:iSeei;~iMl-..da.y mall displays, use:of FAS b~'~:~~~in o~restau~. .... . i'tfimester" in!b~ fi'ms i6'n inbvklcd .eves v fittee blocks. At the end 'a[ ih~",:~lk thg .hando~,, szWere assembled into prayer in English and Qjibw;,. keynote aclc'lr<~s~ b~ a'pi~:.sre df':P"lse:dshv bot,,~cing bab~ Dr. Carolyn Bennett, MP. ' ""' .....""" ~""~" ' ' · Ri;'i';ft"Vii~t~;~fi~Y3,. B.(: :.: c,,-cd swea~odge held by · Sioux Lookout, ON:-pfiSgr:,m in l,,cal I,ask'~dfi:~i~i'i~;."~'ii'!g'~'T,s,,,,~ Soc"i,,t:"' with traditional pipe featuring sharing cli'd~,'l~avc, by I:i,s, N:,, i,,,~s '.. ..7-"~g~c~iifi~'i~f~';,'v~'rs i,C'~I',!~:i,.m., on Capilano el&r, Minute oeRe~ecti6n'with'wi,,d chimes a,,d..':i~'~ '}~'.:~ae 'g..':' · Kenon. Keewatin, Jaffrey Melick. C)N:,pos~er,. ~~. a~ the cd=e of"~ sa'uic hilly bay ...... .. "' ~7..-." =. '-?.0~: ..' '~ {.,_ ' .. ~." .' ,: . ;,.'i3,::',· ( :t s emony Z: 27; 292ZV2:; L · Toledo, OH: day-long acti~,t,cs in~. .... ;,, B.( T.:, o,n,m,,.L~ breakfast for more PLAGUE" and matching v.'llow "l naa";;{~T-~$~g'!~!;"':"};,~,,.: ,~... ~,..,.,, ~. :i:,,: ~,,~,,.... featuring local church T-shir~. ' ....~$~.:'.~,.,,....,.,".,~ i,.. ,,,,'.i'.',' ,.Id:,~ in native tongue. · Minneapolis. MN: 9:09 a.m. l:clls ,.c "w¢~~' carillons. City Hall, three ¢.::d ,cd r'=,! ' churches, followed by large rally and sp.~ outside State Courthouse. -6- Is Fetal Alcohol Syndrome Just Another "Disease of the Week"? As there are so many worthy illnesses and disabilities, people sometimes ask why we want to single out FAS for an o~cial day. Here are nine good reasons - one for each month of pregnancy: 1. FAS is the largest cause of mental retardation in most industrial nations. 2. FAS is more than a disability - its a sodal disorder which causes many of the expensive problem which plague governments, and all of ns. On both a financial and personal level, we are all affected by the secondary disabilities of FAS and FAE: learning disabilities, early school drop-out, juvenile delinquency, poverty, chronic unemployment, sexual acting-out (promiscuity, early pregnancy, prostitution or sexual assault), mental illness, homelessness, violence, crimes against property, alcoholism and addiction. 3. The general public, not to mention many professionals, know very little about either FAS, or the fact that no amount Of alcohol in pregnancy has been established as safe for the fetus. 4. FAS has the largest incidence of any birth defect. In Canada and the U.S., of 10,000 births, 3 out of 10,000 will have Muscular Dystmphy. There will be 4 with HIV infection, 4 with Cystic Fibrosis, 8 will be born with Spina Biflda, 10 with Down Syndrome, 20 will have Fetal Alcohol Syndrome, and another 100 will have Fetal Alcohol Effects, which will probably never be diagnos~d. 5. The secondary disabilities of people with FAS are costing the taxpayers far more than any other disability. Some economists have estimated that every individual with FAS will cost the U.S. taxpayers a minimum of $1.9 million in his or her lifetime. 6. FAS could be totally prevented. 7. People with FAS tend to have many children, who generally also have FAS. It is not unusual for a young woman with FAE to have given birth to four or five children damaged by alcohol or drugs by the time she is 21 - and the cycle continues. 8. There is no "indusiveness" for people~with FAS. In general, our society has very little compassion for those thousands of individuals whose damaged brains lead them to crime, homelessness, and addiction. Instead, we assume that they have chosen to behave as they do. Few people realize that the severely acting-out teenager, the addicted prostitute, the homeless beggar, or the mancharged with killing his girlfriend's baby may all behave as they do as the result of brain damage caused by their mothers' drinking in pregnancy. 9. We can beat FAS, just as we have beaten other health disorders. Prevention programs and treatment programs for alcoholic women could dramatically reduce the incidence of FAS. Early diagnosis and new techniques of therapy, medical treatment, education, and residential facilities, could allow people with FAS to lead productive lives. And save each nation millions of dollars that could be diverted for other disabilities. A hard-won trophy fir Isaac Henke, 9, who lives with FAS, son of FAS Day volunteer Traci Henke of Key Facts on Fetal Alcohol Syndrome/Effects · Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects (FAE) are caused by women drinking alcohol while pregnant. · No mount of alcohol in pregnancy has been established as safe for the fetus.t · FAS is the biggest cause of mental retardation in North America, and could be totally prevented if all women abstained from alcohol in pregnancy. · The less obvious and seemingly milder Fetal Alcohol Effects (FAE) can be equally damaging to babies. · Some experts estimate that about 1% of North Americans are living with FAS or FAE - about four times as many people as those with AIDS/HE There are three to five times as many people with FAE as FAS.2 · However, some research indicates that as many as one in eight children in the U.S. has some form of permanent brain damage caused by maternal drinking in pregnancy.3 · Since 1973, the medical profession has known that alcohol in pregnancy impedes fetal brain development, affecting intelligence, learning skills and behaviour. · People with FAS have distinctive physical appearance and lower IQs, but have lower crime and addiction rates than individuals with FAE as they get earlier diagnosis and can be better protected by society and their parents. · Individuals with FAE may look normal and have seemingly normal intelligence, but their damaged brains can result in learning disabilities, impulsivity, lying, stealing, tantrums, violence and aggression, inability to predict consequences or learn from experience, lack of conscience, and being highly addictive. · Most people with FAE look perfectly normal and are never diagnose& A high percentage of homeless people and juvenile and adult offenders suffer from undiagnosed FAS/E. · Of individuals with FAE between the ages of 12 and 51,4 · 95% will have mental health problems; · 68% will have "disrupted school experience"; · 68% will experience trouble with the law; · 55% will be confined in prison, drug or alcohol treatment centre or mental institution; ~ · 52% will exhibit inappropriate sexual behaviour. · Of individuals with FAE between 21 and Sq:5 · more than 50% of males and 70% of females will have alcohol and drug problems; · 82% will not be able to live independently; · 70% will have problems with employment. · Some researchers estimate that each individual with FAS/E costs the taxpayer approximately $2 million in his or her lifetime, for health problems, special education, psychotherapy and counselling, welfare, crime, and the criminal justice system.6 · During their lifetimes, the individuals with FAS/E now alive in Canada will cost the taxpayers about $600 billion, about the same as the current national debt.7 In the U.S., they will cost the taxpayers about $6 trillion. '1. Surgeon GenerA% Advisory on Alcohol and Pregnancy, U.S. Surgeon- General, Washington, D.C., 1981. 2. Fetal Alcohol Syndrome. Diagnosis, Epistemology, Prevention and Treatment, Washington Institute of Medicine, National Academy Press, Strastun, K., Howe, C., Barraglia (Eds.,) 1996. 3. Journal of the American Academy of Child and Adolescent Psychiatry. 4. Understanding the Occurrence of Secondary Disabilities in C[ienu with Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects (FAE), University of Washington School of Medicine, Department of Psychiatry and Behavioral Sciences, 1996. 5. See above source. 6. Fact sheet. Current Perspectives: Fetal Alcohol Syndrome. Alcohol-Related Effects, Dr. CAlvin IL Sumner. M.D.. West Virginia University, Department of Behavioral Medicine and Psychiatry (undated), quoting study from National Counci[ on Alcoholism and Drug Dependence, (U.S.). 7. Multiply the 300,000 Canadians currently affected by FAS/E by $2,000,O00 = $600 billion. FAS Breaking News Print/Online · Article by B. Buxton: Ketchikan Kanoe. · Article by Bonnie: Chicago Tribune. · Article on FAS/FAS Day: St. Patti Pioneer. · Article/photos on FAS/FAS Day: Toronto Star. · T. Star article picked up by CP (Cdn. Press), Montreal Gazette, London (ON) Free Press, Saskatoon Star- Phoenix, Welland Tribune, Thunder Bay Chronicle- Herald, Winnipeg Free Press, and a newspaper in Prince George, B.C., among others. · Calgary Herald, Calgary, AB, article on FAS/FAS Day. · Article on FAS Day, Mackenzie Report (northern Alberta), distributed in High Level Echo, La Crete/Fort Vermilion Northern Pioneer, Manning Banner Post, Grimshaw Mile Zero News. · Article by Bonnie: Beach Metro News, Toronto. · Article/photos on FAS/FAS Day: Scarborough Mirror, Toronto. · Guelph Mercury - Guelph, ON, FAS Day story. · Guelph Mercury - Brenda Chamberlain, MP, column on FAS/FAS Day. · Guelph Mercury - coverage of C. Margetson's petition to Guelph City Council re FAS DAY proclamation. · New Tanner, Acton, ON, article on Shiona Watson · The Sattit Star - Sattit Ste-Marie, Karen Pomber ~Digest' article. · Sattit This Week - Ann Sarich item. · Toronto Hospital for Sick Children newsletter, "This Week", article on FAS Day. · Prince Albert Daily Herald, article on FAS/FAS Day. · Montreal Gazette interview w/Louise Morin. · CCSA Newsletter (national) - articles on FAS Day. · The Catholic Register (Cdn. weekly) FAS story. · The United Church Observer, article on FAS and FAS Day, scheduled for November. · Whitehorse Star, article on FAS and FAS Day. · Kelowna Courier, Kelowna, BC, Nola Barry - 3 FAS adopted native children. · Cold Lake Sun, Lakeland, AB, articles week of FAS Day. · Cold Lake Courier, Lakdand AB, artide. · Bonnyville Nouvelles, Lakeland, AB, article on FAS Day proclamation. · The Regional, serving 7 communities comprising Lakeland, AB - full page articles weekly for 4 weeks up to Sept. 9. · Chatelaine (Cdn. women's magazine) -Aug.'99 -Why I Don't Leave Him by Carol LePage. · Exchange Today, nat'l Exchange Club (US), newsletter. · North County Times, San Diego, CA - E'Louise Ondash article. · North County Times, San Diego, CA - FAS/FAS Day column. · Minneapolis Star, article. · The Press, Aftantic City, NJ - Story on Allen family and FAS Day. ¥ · Des Moines Register, Des Moines, IA: FAS article. · Tucson Citizen, article on Kellerman family/FA~S Day. · Rochester Post-Bulletin, Rochester, MN, article. · The Tribune, Hastings, NE, story on Hause family, FAS/FAS Day. · The Daily Texan, Austin, TX - item on FAS Day bells. · Austin American Statesman, Austin, TX - article on FAS Day. · Austin Chronicle - FAS Day story. · P~ugerville P~ag, P~ugerville, TX - FAS Day article. · The Tader, Cape Town, S.A. - "Fighting abuse with love and family", full-page article with photos on Lourens family. · Cape Times, front page article on FAS Day. · Die Burger, Cape Town, article in Aftikaans language on FAS Day and bell-ringing. · Cape Argus front page article with photos, "The Hangover That Lasts a Lifetime". · Die Burger "Klokhelder klanke" or 'Crystal clear bells" article reporting FAS Day events with photo of carilloneur Donovan Baguley playing. · Kieler Nachtrichten, Kiel, Germany - Poison Through the Umbilical Cord. · Kindeswohl, Germany (magazine about children). · Mittendrin (magazine from Bundesverband behinderte P~egekinder). · The Woman Magazine, UK - article on Ann Gibson and her child with FAS. · Women's Day magazine, New Zealand, Shirley Winikerei story. · Cape Argus Newspaper, Cape Town, S.A., FAS Day story. · The Southern Cross, Cape Town, S.A. - Catholic Weekly, FAS story. Radio · CBC Radio 1 Toronto, "Metro Morning", FAS interview w/Buxton & Philcox. · CHUM-AM & CHUM-FM, Toronto, ON - FAS Day news items. · CHUM National News Network (Canada) - news items. · Mix 100 & Q104 - Sault Ste-Marie, ON, PSAs. · WYSS-FM/WKNW-FM - Sault SteoMarie, ON, PSAs. · CBC Northern Ontario Regional Service - PSAs, · Radio-Canada live interview with Louise Morin (en franc~ais). · Quebec City radio station items on FAS Day - CKLD & CFJO. · 66CFR, Calgaxy, AB - Nancy McDonald. QR77, Calgary, AB - N. McDonald interview. · CJCW, Lakeland, AB - PSAs, interviews with Cold Lake mayor, volunteer, Monique Corbiere, many news items. · CBC Midday Express, Lethbridge, AB. · CBC News, Lethbridge, AB. · CKBI News, Prince Albert, SIC · CBC Questionnaire/phone-in with FAS activlst Val Surbey, Winnipeg, MB. · CHON-FM, Whitehorse, YT, interview with volunteer Lilliam Sequeira Duran. · KBRW, PSAs, Barrow, AIC · KKPR 1460 AM. Airing 9~9°99 in Keamey Nebraska. · FOR K/D'S SAKE! RADIO: CFRC-FM Kingston, ON; CJMQ-FM Lennoxville, POd WNEDoAM Buffalo, NY. · KFDI-FM, Wiehita, KS: interview with Dayna Brown. · ~ Austin, TX - public service announcements. · KTTC, Rochester, MN - PSAs. · KKPR, Kearney, NE - FAS Day coverage. · Radio NZ - New Zea/and interview with Chris Rogan, exec. dir. of F.ANZ. · KFM Radio, Cape Town, interview with Vivien Loureus, ringing bells at 9:09 a.m, · CapeTalk Radio, 567 AM 3 hour on-location phone-in broadcast on FAS Day morning ourside War Memorial Carillon, interviews, bells, FAS experts, etc.; linked to national South African audience via 702 AM. · CHRY~FM, Toronto, interview with B. Buxton on "The Aboriginal Spirit". · KARE 11, Minneapolis, interview with mom and daughter Jodee and Liz Kulp. · WCCO Radio, Minneapolis, interview with volunteer Susan Carlson. · MN Public Radio, All Things Considered, interview with Susan Carlson. · MN Public Radio, interview with Jodee and Liz Kulp. · KTIS Christian Radio, Minneapolis, numerous mentions on news programs. · CITY-W, Toronto, ON - B. Buxton interview. · V~sion TV (Canada) 2 public affairs shows on FAS, "Skylight". · CBC NewsWorld TV (nat'l) - morning news~nterview (B. Buxton/B Philcox). · Shaw Cable 10 - Sault Ste-Marie, ON, Conun~.unity Bulletin Board. · CBC-TV, Calgary, AB - FAS Day item. · W Channel News, .Calgary, AB. · CISA-TV, News Report, Lethbridge, AB. · CBC-TV, In the Company of Women item on FAS with Carol LePage, scheduled for October/99. · Rogers Cable - Community Affairs. · TVA (French network in Canada) - interview with Louise Motin and Luc Roy. · "Eye on Saskatchewan~, TV interview, Prince Albert. · Radio-Canada (French-language TV), public affairs feature with Claudia Park, date TBA. · CBC-TV, Native Program,Whitehorse, YK. · KAKE-TV, Wiehita, KS: promos for FAS Day. · PAX TV, Chicago, IL - interview with volunteer Barbara Ferguson. · WCCO TV, Minneapolis, interview with Susan Carlson. · Cable 30 TV, Minneapolis, complete TV coverage of FAS courthouse rally. · Tucson, AZ, TV coverage of FAS Day events by both channel 13 KOLD (CBS) and Channel 9 KGUN (ABC). · Channel 13, Sacramento, CA, interview with volunteer Traci Henke. · Austin, Texas, TV news. ° Turnwater, WA, proclamation read on televised City Council, channel 26. · TVNZ - New Zealand network interview with Chris Rogan. · Cape Town, "AM2DAY", National Television breakfast TV program made 9 mentions of International FAS Day. FAS Day Proclamations Cities and Towns · Ketchikan, AK · Niagara Falls, ON · Toronto, ON · Kenora, Keewatin & Jaffray Melick, ON · Prince Alberta, SK · Calgary, AB · Red Deer, AB · Lakeland, AB: proclamations in seven neighboring communities, including Cold Lake, Bonnyville, Lac La Biche · Fort St. James, BC · Vanderhoof, BC · Chicago, IL · Evanston, IL ° Warsaw, IN · St. Paul, MN · Hastings, NE · Bowling Green, OH · Cincinnati, OH · Columbus, OH · Maumee, OH · Perrysburg, OH · Sylvania, OH · Toledo, OH · California · Covington, KY . Florida · Austin, TX · Georgia · Pflugerville, TX · Indiana · Turnwater, WA · plus resolution: · Kansas Minneapolis, MN · Minnesota ..and many other · New York communities around the · Nebraska world · New Jersey States · Ohio · Alaska · Texas · Arizona International - South Africa Letters of support from: · President Thabo Morkel · Former president Nelson Mandela · Western Cape premier Gerald Morkel Plus leaders of the: · South African Anglican Church, · Roman Catholic Church · Dutch Reformed Church 7 wanna hold it.t' New Jersey volunteen Carlyn Graham and Carol Ann Alien, plus Carol Ann}five children with FAS receive a dvic proclamation flora their local mayor. Front.' Carol Anne Marie, 6, Anthony Francis, 5. Back row; Paul Anthon3 11, Carbtn, Vincent, 12, Carol Ann (ageless), Will Jr., 12, (fate hidden), Mayor Charles Leusner of Middle Township, Cape May Count} -11- Supporters of the International FAS Day initiative Canada · The Canadian Centre on Substance Abuse, Ottawa, ON · The Centre for Health Promotion at the University of Toronto · Hospital for Sick Children, Motherisk Program, Toronto, ON · Fetal Alcohol Syndrome Advocacy and Training, Guelph, ON · Adoption Council of Canada, Ottawa, ON · Special Needs Adoption Parents (Canada), Vancouver, BC · Adoption Council of Ontario, Toronto, ON · Ontario Association of Children's Mental Health Centre. s, Toronto, ON · Ontario Association of Parents for Children's Mental Health, Toronto, ON · FAS Regional Educational Initiative (Ontario) · Saskatchewan Institute on Prevention of Handicaps, Saskatoon, SK · Fetal Alcohol Family Association of Manitoba, Winnipeg, MB · B. C. Fetal Alcohol Support Network, Vancouver, BC · B.C. Association of School Psychologists, Vancouver British Columbia · Association for Community Living, Manitoba, Winnipeg, MB · Alberta Alcohol and Drug Abuse Commission · SAFERA, Quebec City, PQ · Association for Community Living, Sunshine Coast, BC · Squamish Nation Social Development Dept., Squamish, BC · Change of Seasons Society, N. Vancouver, BC · Brighter Future, Kirkaria, BC · Fetal Alcohol Support and Information Centre, Windsor, ON · Six Nations Social Services FAS Committee, Ohswekean, ON · FAS Family Support Program, Sioux Lookout, ON · Kenora FAS Committee, Kenora, ON · Kirkland Lake FAS Ctte., Kirkland Lake, ON · Native Children and Family Services, Toronto, ON · Breaking the Cycle, Toronto, ON · Fetal Alcohol Support Network, Toronto, ON · Wings of Power, Pine Falls, MB · Fetal Alcohol Syndrome Society Yukon (Whitehorse) · Baffm Alcohol Network, Iqaluit, Nunavut · Employment Access, Red Deer, Alberta=- · Cold Lake Community, Alberta · Peace Health Region, Peace River, AB ~- · Kahnawake Preconceptual Health Program, Kahnawake, PQ United States · National Organization on Fetal Alcohol Syndrome, Washington, DC · National Exchange Clubs (U.S.) · FAS Community Resource Center, Tucson, AZ · The Yellow Umbrella, Florida · Campaign for Alcohol-Free Kids, Clearwater beach, FL · Family Resource Institute in Everett, WA · FAS (Friendship and Support), Lexington, KY · Wal-Mart, Wichita, KS · Red Ribbon Coalition, California · Texas Office for Prevention of Developmental Disabilities, Austin, TX · Texas FAS Consortium, Austin, TX · Student Family Services, Wesley Foundation of Austin, Austin, TX · Project A.D.A.P.T, University of Texas Health Science Center, San Antonio, TX · SouthWest Medical Health Center, San Antonio, TX · Minnesota Organization on Fetal Alcohol Syndrome, Minneapolis, MN · Minnesota Fetal Alcohol Coordinating Board, Minneapolis, MN · New Dawn Board and Lodge, Brainerd, MN · Double ARC, Toledo, OH · FAS Family Support Group, Cincinnati, OH, and Northern Kentucky -12- Supporters of the International FAS Day initiative cont'd International · "Bundesverband behinderter Pflegekinder e. V" in Germany · Children's Hope, Sweden · FAS-foreningen, Sweden · New Zealand's national FAS organization, FANZ · Fetal Alcohol Advocacy, Invercargill, NZ · Fetal Alcohol Support Group, Adelaide, Australia · Virtual Parenting, Coffs Harbour, NSW, Australia · Fetal Alcohol Support South Africa, Cape Town, South Africa Our thanks to a world full of brilliant butterflies... Mercedes E. Alejandro, Carol Ann Allen, Claudia Barker, Tim Bannon, Andy Barrie, Dan Blakley, Sheilagh Beatty, Janice Beddard, Dr. Carolyn Bennett, M.E, Mary Berube, Helene Branch, Dayna Brown, Frances Brown, Geraldine Brown, Janet Budgell, Ria Busink, Tracy Buffer, Larry Camp, Lance Carlson, Helen Chesterfield, Dr. Robert Clay, Theone Collins, Jack Conover, Joan Cubbon, Carolyn Dartnell, Helen Dolick, Kim Downey, Renn Doyle, Patty Dryden-Holstrum, Lilliam Sequeira Duran, Sue Egert, Shannon Felix, Barbara Ferguson, Sister Suzette Fisher, Margie Fulton, Ann Gibson, Carlyn Graham, Mary Green, Judy Grove, Traci Henke, Trudy House, Deb Hoyt, Mado Kaskoto, Judy Kay, Kathy Kay (Sauve), Dale Kendel, Diane Kerchner, Jodee Kulp, Deborah Locke, Anita l%vig, Suzanne M. Lucier, Vivien and Peter Lourens, Beth McBlaine, Deanna McBurney, Delinda McC/nn, Carol Ann McDonald, Nancy McDonald, Gerald Martindale, Chris Margetson, Kim Meawasige, Sue Miers, Viki Miller, Louise Morin, Robert Nahanee, Steven Neafcy, Saula Nelson, Colleen Orrick, Karen Palmet, Terry Palmet, Joan Panteluk, Claudia Park, Pattyanne from Florida, Cleo Philcox, Mark Philips, Gigi Pilcher, Kathy Porter, Sister Eileen Power, Susan Rich, Carmen Robillard, Elspeth Ross, Bruce Ritchie, Chris Rogan, Susan Santiago, Marge Schaim, Mark Schneider, Nelda Sharp, Bill and Joan Smith, Jamie Smith, Margaret Sprenger, Carol Stimmdl, Sue Truax, Susan Trussux, Val Surbey, Roseanne Terry, Jacqueline Thorne, Kim Trotter, Lee Ann Tyrrell, Fran Valentine, Shiona Watson, Nancy White, Elaine Wills, Shirley Winikerei, Katarina Wittgard, Edith Woodward, and all of the wonderful FAS Day volunteers. Special Appreciation To Susan Carlson, former First Lady of Minnesota, for assisting our volunteers in obtaining state prodamations; and Linda Graves and Hope Taft, First Ladies of Nebraska and Ohio, for their enthusiastic support. To donors Judy and Sheldon Godfrey, and to Enbridge Consumers Gas who designed and printed this first edition of the FASworld Report. To James B. Smith and Mark Sylvain, creators of original FASworld graphics. Our deepest gratitude to FASworld co-coordinator Teresa Kellerman, without whose enthusiasm, support, computer skills, and tireless work, FAS Day could not have happened. To our children, struggling with fetal alcohol disorders every single day, many of whom have courageously allowed themselves to be publicly identified and, in particular, our beloved daughter Colette Philcox, who sent us on this journey in September 1983. Rusty Kerchne~, 6, with FAS, son of FAS Day volunteer, Diane Kerchner, of San Dimas, CA. Can We Put You to Work on FAS Day 2000? We'd love to hear from you. Bonnie Buxton or Brian Philcox fl~pt_, F~S CLERKS '(.~10815 Mc~rinley-Molodynta Chiropractic Clinic 4750 Valley Way (at Victoria), Niagara Falls, Ontario L2E 1W1 (905) 357-2060 Fax (905) 374-3135 July 26, 2000 FOR THE INFORMATION OF COUNCIL His Worship Mayor Wayne Thomson and Members of the Municipal Council, City of Niagara Falls, Ontario Dear Members: Re: Annual Man-A-Mile Relay Race The Niagara Parks Commission has approved the use of the Niagara Parks Commission Recreation Trail for this year's Man-A-Mile Relay Race. The details of the race are as follows: Date: StarLing Time: Place: Mond~Y;~tobe.r,9*, 2000:-~ 9:00 a.m. McFarland Park Proposed Route: The race will start at McFarland Park on the Niagara River Parkway and proceed south to Victoria Avenue in Niagara Falls, south on Victoria Avenue to Valley Way, southwest on Valley Way to Morrison Street and west on Morrison Street to Oakes Park. we respectfully request the use of the Municipal Roads for this event and request that the Mayor, or his representative, be present for the award presentations at Oakes Park. If any member is interested in entering a team (family, open, etc.) please contact me. A good way to wear off all ~at turkey!! Chairperson, Man-A-Mile Committee JMM/sh CC: Acting Chief Nickoils, Niagara Regional Police Chief Ray Vasallo, Niagara Parks Police Karl Dren, City Service Centre PLANNING MEETING Community Sen/ices Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city,niagarafalls.on.ca August 21, 2000 His Worship Mayor Wayne Thomson and Members of the Municipal Council, City of Niagara Falls, Ontario Members: Re: MW-2000-83 Public Information Session & Open House for Collins Drive and Toby Crescent Ed Dujlovic, p. Eng. Director of Municipal Works MW-2000-83 File: 00-187-00 RECOMMENDATION: It is recommended that the information contained in this report be received and filed. BACKGROUND: On Wednesday July 26, 2000 an Open House and Public Information Session was held for the above project. The proposed works on: Collins Drive from Drummond Road to Southeast limit Toby Crescent from Collins Dr. to Collins Dr. will consist of complete road reconstruction with new storm sewers, watermains, curb and gutter, sidewalk and all related appurtenances. The curb and gutter installation is subject to Local Improvement being appmved at the Council meeting on September 11, 2000. At the Open House and Public Information Session, three (3) residents attended and approximately two (3) residents telephoned or had previously contacted us to obtain information. The concerns or comments expressed by these residents are as follows: The three (3) residents that attended were satisfied with the proposed works and their comments were adequately addressed. The three (3) residents that called were happy with the proposed works but two were concerned about the Local Improvement Curb and Gutter. The process was explained to them and what needed to be done to petition against it. Municipal Works Working Together to Serve Our Community Fire SeNices Parks, Recreation & Culture Business Development - Page 2 - The schedule for this project is as follows: Tendering Council Approval' Construction Start August 2 to August 15 August 2 1 September 5 A further report will be presented to City Council at their meeting on September 11 regarding the curb and gutter Local Improvement works. Council's concurrence with the above recommendation would be appreciated. Prepared by: Frank Higgins, C.E.T., Manager of Projects Director of Municipal Works Approved by: John Ma : Director of Community Services Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca Director August 21, 2000 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2000-84 Contract 2000-187-00 Collins Drive and Toby Crescent Road Reconstruction Ed Dujlovic, Po Eng. MW-2000-84 File 00-187-00 RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Centennial Construction and Contracting Inc., be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened tenders on Tuesday, August 15, 2000 at 1:30 p. m. for the above noted contract. Tender documents were picked up by ten (10) Contractors and six (6) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the six (6) Contractors, together with the corrected bids * 1. Centennial Constr. & Contracting ( Niagara Falls ) 2. DeRose Bros. Gen. Contracting 3. Trenchline & Roads Inc. 4. Condotta Construction Ltd. 5. Provincial Construction Ltd. 6 V. Gibbons Coreracting Ltd. ( Thorold ) ( Jordan Station) ( Thorold ) ( Niagara Falls ) (Ridgeway) Municipal Works *$522.090.00 ($521,948.54) $558,605.02 *$559,971.00 ($560,133.00) *$565,374.21 ($565,360.21) $631,669.45 *$640,971.68 ($640,971.68) Working Together to Serve Our Community Fire Services · Parks, Recreation & Culture Business Development 2000-03-27 2 MW-2000-84 The lowest tender was received from Centennial Construction and Contracting Inc. in the amount of $522,090.00. This Contractor has previously performed similar type projects for Developers within the City under our inspection. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Local Improvement curb and gutter have been included in this tender. However, actual construction of curb and gutter is dependent upon the majority of the residents not petitioning against the works. This petition must be received by the City no later than September 1, 2000. A report will be presented to City Council at their meeting on September 11, 2000 with the final recommendation for the curb and gutter. The Contractor will than be advised whether to proceed with that item of the contract Financing: The Engineer's estimate for this contract was $525,000.00. Project Costs: Awarded Contract Top Asphalt (next year) Miscellaneous Fees ( MOE ) Testing Net G.S.T. 3% $522,090.00 $ 20,000.00 $ 1,200.00 $ 2,000.00 $ 16,358.70 TOTAL $561,648.70 Funding: Capital Construction Program Local Improvement (Residents) $550,000.00 $ 40,000.00 TOTAL $590,000.00 This project is scheduled to commence on September 5, 2000. All works are to be completed within 35 .working days. Council' s concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Manager of Projects Res tfully Submitted by: Edward P. Lustig, - Chief Administrative Officer August 21,2000 3 MW-2000-84 Recommended by: pP~EdDuj~'lov~ Director of Municipal Works Approved by: John MacD~o~a~zd~'''''~// ~eDirector Of Community Services Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: darrells@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2000-85 File 00-190-00 August 21, 2000 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2000-85 Contract 2000-190-00 2000 Watermain Replacement Program RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Condotta Construction Ltd., be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened tenders on Wednesday, August 16, 2000 at 1:30 p. m. for the above noted contract. Tender documents were picked up by six (6) Contractors and five (5) bids were received. Listed below is a summary of the tomlied tendered prices, excluding GST, received from the five (5) Contractors, together with the corrected bids *. 1. Condotta Construction Ltd. ( Thorold ) *$538,999.07 ($538,884.63) 2. DeRose Bros. General Contr. Ltd. ( Thorold ) *$543,957.35 ($543,950.11) 3. Volsci Construction Co. Inc. ( Niagara Falls ) $560,042.00 4. Trenchline & Roads Inc. ( Jordan Station ) $601,189.00 5. Provincial Construction Ltd. ( Niagara Falls ) $627,706.56 Municipal Works Working Together to Serve Our Community Fire Services Parks, Recreation & Culture Business Development 2000-08-21 -2- MW-2000-85 The lowest tender was received from Condotta Construction Ltd. in the amount of $$538,884.63 This Contractor has previously perforated 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 $500,000.00. Project Costs: Awarded Contract $538,884.63 Consultant $ 10,511.00 Miscellaneous Fees ( MTO & MOE ) $ 1,200.00 Net G.S.T. 3% $ 16,166.54 TOTAL $566,762.17 Funding: 2000 Capital Construction Program Water Reserves $220,000.00 $350,000.00 This project is scheduled to commence on September 5, 2000. All works are to be completed within 30 working days. Council's concurrence with the recommendation made would be appreciated. Darrell~ Manager of Engineering Services Respectfully Submitte by: d P usti Chief Administrative Officer ERS~Z~g., Director of Municipal Works Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca BBS-2000-01 Mel Brown, Chief Building Official August 21, 2000 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BBS-2000-01 Appointment of Inspectors - Robert Judge & Sandro Elia RECOMMENDATION: That Robert Judge and Sandro Elia be appointed as Inspectors pursuant to the Building Code Act 1992, the appointment of Ted Armstrong, as an Inspector, be cancelled and that By-law 93-283 be mended accordingly. BACKGROUND: Robert Judge and Sandro Elia have been hired as a Building Inspector and Applications Examiner, respectively, in the Building Division. Accordingly, in order for them to perform their functions, it is necessary for them to be appointed as Inspectors, in accordance with the provisions of the Building Code Act 1992, as amended. Ted Armstrong has retired and is no longer employed by the City. ended by: Mel BroGn Chief Building Official Respectfully Submitted: ~X) Edward P. Lustig, , Chief Administrative Officer Approved by: J hn MacDon//~al~~ xeI~~M'~DiStector of Community Services, Encl. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & CuHure · Business Development · Building & By-law Services CITY OF NIAGARA FALLS By-law No. 2000- A by-law to amend By-law No. 93-283, as amended, being a by-law to appoint a chief building official and inspectors under the Building Code Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Section 2 of the said By-law No. 93-283 is amended by adding the names of Robert Judge and Sandro Elia and deleting the name of Ted Armstrong, therefor. This by-law shall be deemed to have come into force on the day of passing. Passed this 21st. day of August, 2000 E.C.WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: August 21, 2000 August 21, 2000 August 21, 2000 Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario · L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls,on.ca BBS-2000-05 Mel Brown, Chief Building Official August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Fails, Ontario Members: Re: BBS-2000-05 Application for Projecting Sign Sign By-Law Variance Request By-Poll August 11, 2000 5008 Centre Street RECOMMENDATION: That Council not approve the variance to the Sign By-law for the application for a projecting sign at 5008 Centre Street, for Alien Encounters, Yanks and House of Cuban Cigars. BACKGROUND: An application was received for a projecting sign at 5008 Centre Street for Alien Encounters, Yanks and House of Cuban Cigars. The proposed sign will be: - twenty-one by six feet (21' x 6") - with an area of one-hundred and twenty-six (126') square feet,. - thirteen and one-half feet (13'6") above grade. - total height of the sign above grade will be thirty-four and one-half feet (34'6"). The Sign by-Law states that the maximum size of a projecting sign shall be no greater than seventy- five square feet (75'). There is no objection to the additional size of the structure, however, the location of the sign will pose a problem. The proposed location of the sign will project six feet six inches (6'6") from the face of the building at 5008 Centre Street. The City of Niagara Falls Sign by-law states that "Projecting signs attached to buildings shall not extend more than ten (tO) feet beyond the face of such building and shall not project beyond a line two and one-halffeet (2-l/2) from the face, nearest the roadway of an existing sidewalk or future sidewalk." Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services August 21, 2000 -2- BBS-2000-05 The sidewalk area in question is only seven feet six inches (7'6") wide, measured from the face of the building, to the point where the sidewalk and gutter meet. This would allow only a one foot ( 1 ') projecting clearance between the edge of the road and the edge of the sign. A site inspection has revealed that there are signs in this area that also project beyond the By-Laws recommended distance. Although the proposed sign would be in keeping with the area, staff are concerned with the projection to the curb line and potentially having the structure interfere with trucks, tour buses or large recreational vehicles at this narrow and congested area. Photographs showing similar signage in the area are attached for Council's review. As well, attached you will find a diagram of the sign, and a plot plan, showing the distances discussed in the report. Prepared by: Wheeler ~y-law Enforcement Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer Mel Brown Chief Building Official Approved by: {~ John MacDonald ~ Services. iv Director of Community a~ach. I BBS-2000-05 August 8, 2000 10:30 a.m. facing south eas[ towards Clifton Hill and Victoria Avenue Schedule "B" BBS-2000-05 August 8, 2000 10:30 a.m. facing south east towards Clifton Hill and Victoria (opposite side of street from proposed sign) Schedule "C" BBS-2000-05 August 8, 2000 10:30 a.m. Centre Street facing north west to Ellen Ex~stin~ intersec~ion and signs. .EXCOUXTER INTE RNATI :~.'NAL CURRENCY EXCHANGE · FOREIGN CURRENCY · TRAVELLrcR' S CHEQUES · ATM MACHI.NE · USA CASHW,.,~ Schedule "F" BBS-2000-05 Computer generated photo of proposed location of sign at existing intersection.  PT. LOT ~8 ~J ROSERTO Z & T. ~..mme C/O 5875 ',4CTORIA AVE. 5008 CENTRE 3-3-17 19.206 64 , ' 15.240 'PROP, HYDRANT ASSEMBLY  '1 15.24 ; ERAMIC :UT ~'OP. TL STD. ;ROSS METAL TYPE 5 LIMIT OF ST. CY--,, ~.~m o qmllmlme \ MH ' o IN Fr..RLO. I~)V ROAD CONSTRUCTION PT. 2 PT. 2,3 &: Gu 1 (NIAGARA LINENS) (SUPER SOUVENIR: GUPTA SOUVENIRS LTD. (FAR EAST FASHIOr THE ROYAL BANK OF CANADA 5731 MULER, L ,t- M 5733 3-3-140 5729-5725 3-3-141 3-3-139 c/o 4o,~ DORCHEbmu~ RD. NIAC. FALLS L2E 6MS PILLARS Fd.~ STOP d8 CURB STOP ROP. , SL JB C/O 5823 Ic'E~Ry S1 NIAO. F~ L,qO 1S.8 '/,::'x: ' X'/(. ip. 186.338 TO 186.362 186.481 PROP. TL SI'D. 5 The City of Niagara Falls~ Canada Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca Adele Ken Director R-2000-57 August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2000-57 - Actions Stemming from the Environmental Planning and Greening Committee Meeting of July 17, 2000 RECOMMENDATION: It is recommended that Council endorse the actions of the July 17, 2000 meeting of the Environmental Planning & Greening Committee. BACKGROUND: The Environmental Planning & Greening Committee dealt with a couple of matters at a recent meeting and they are highlighted as follows: a) Request to Remove a Tree - 4099 Pettit Avenue A request was made to remove a Sycamore Tree along the boulevard in front of 4099 Pettit Avenue in order to accommodate a proposed driveway widening. The Committee agreed to support the removal of the boulevard tree provided proof was obtained that a curb cut was to be performed and the resident was to pay for a replacement tree as offered previously. This request for tree removal brought about a need to develop an application for driveway widenings and curb cuts. The matter of an application is being followed up with the Building Department for future requests. b) Proposed Adopt A Trail Program - Friends of Haulage Road A request was received from the Friends of Haulage Road Trail who wish to clean the Haulage Road Trail on a regular basis. The Committee supported their request and the development of an Adopt A Trail Program will be set up similar to the City's Adopt A Street Program. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development R-2000-57 - 2 - Council's endorsement of the above, would be appreciated. R. Bolibmck/das Respectfully Submitted, Alderman Paisley Janvary-Pool, Chair Environmental Planning and Greening Committee V:X2000COUNCIL\000821\R-2000-57.wpd ne City of ,liagara Falls ~anada City Clerk's Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: wwagg@city.niagarafalls.on.ca CD-2000-19 E.C. Wagg, CMO City Clerk August 21, 2000 His Worship Mayor Thomson and Members of Municipal Council City of Niagara Falls Members: RE: CD-2000-19 ADVANCE POLLS - 2000 MUNICIPAL ELECTION RECOMMENDATION: That Council pass a By-law appearing on this evening's agenda. BACKGROUND: Section 43 Subsection 1 of the Municipal Elections Act S .O. 1996 provides that Municipal Council shall pass a by-law establishing at least one day for an advance vote and the hours for voting on that date. Traditionally, the Municipal Elections Act had required two (2) advance polls and staff is recommending that Council continue the practice, holding two advance polls on the Saturday and Wednesday immediately preceding Election Day, and that the hours of these advance polls be 10:00 a.m. to 8:00 p .m., at the locations indicated in the by-law. Council's concurrence with this recommendation is respectfully. Prepared by: William Matson Election Assistant Resp~e_~_tfully submitted: t/ ~ Edward P. Lustig Chief Administrative Officer Recommended by: E.C. Wagg City Clerk Approved by: Tony Ravenda Executive Director of Corporate Services WM/kc Art. File: S:\ELECTION\Election 2000\Bylaws\reponadvpolls.wpd ne City of iiagara Falls ;anada City Cierk's Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: wwagg@city.niagarafalls.on.ca CD-2000-20 E.C. Wagg, CMO City Clerk August 21, 2000 His Worship Mayor Thomson and Members of Municipal Council City of Niagara Falls Members: RE: CD-2000-20 HOURS OF VOTING RECOMMENDATION: That Council pass a By-law appearing on this evening's agenda. BACKGROUND: The Municipal Elections Act S .O. 1996 allows for municipalities to set the hours of voting in the Municipal Election. The hours set can be general as in municipality-wide or poll specific. Staff is recommending that, except for the polls being held specifically for nursing homes and retirement homes, that the hours of voting be set as they traditionally have been, from 10:00 a.m. - 8:00 p.m., as outlined in Schedule "A" to the bylaws. In addition to the traditional voting places, staff plan to provide voting places for a limited period of time at each of the retirement homes, nursing homes or chronic cam facilities that meet the requirements of the Municipal Elections Act S.O. 1996. Those times and places are as outlined in Schedule "B" to the by-law. Prepared by: William Matson Election Assistant Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: E.C. Wagg City Clerk Approved by: x, Tony Ravenda Executive Director of Corporate Services Vv'IVl/kc Art. File: S:\ELECTION\EIection 2000\BylawsXrcporthrsbl.wpd Clerk's Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Phone: (905) 356-7521 Fax: (905) 356-9083 EC. Wagg, G.M.O. City Clerk August 21, 2000. His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2000-21 - Special Occasion Permits RECOMMENDATIONS: That Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations listed in this report. BACKGROUND: Correspondence has been submitted by the following organizations and has been reviewed and approved by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's concurrence with the Recommendation is requested. ORGANIZATION First Niagara Oldtimers First Niagara Oldtimers EVENT Three-Pitch Tournament Annual Hardball Tournament DATE August 25 - 27, 2000 Sept. 7 - 10, 2000 I LOCATION Houek Park, Arthur St. Oakes Park/ Chippawa Lions Park Recommended by: E.C. Wagg, City Clerk Respectfully submitted: Edward P. Lustig Chief Administrative Officer Approved by: ~ Tony Ravenda " Executive Director of Corporate Services ECW:Iw Legal Department 4310 Queen Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-maih (905) 356-7521 (905) 374-7500 rkallio@city.niagarafalls.on.ca August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-62, Street Name Change Part of Edgeworth Road to become Weinbrenner Road Our File No.: 2000-145 RECOMMENDATION: That Council authorize the name of part of Edgeworth Road, as shown shaded on the plan attached, be changed to Weinbrenner Road. REPORT: On June 12, 2000 Council authorized Staff to proceed with changing the name of part of Edgeworth Road to Weinbrenner Road. The subject road is shown shaded on the plan attached. Various services, including local utility companies, Niagara District Ambulance Service, Niagara Regional Police and Niagara Falls Fire Department have no objection to the street name change. In accordance with the Municipal Act, notice of Council's intention to pass a by-law to change the name was published in the Niagara Falls Review once a week for four consecutive weeks, commencing July 22"a, 2000. Notice was also published in the August 5th issue of Niagara Shopping News. The notice advised the public that any person who claims that he or she will be adversely affected by the by-law may apply to be heard by Council. To date, no such applications have been received. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. R.O. Kallio City Solicitor L-2000-62 V" City Solicitor. R _e_s~ctful_Lly Su_~Ited: ~2 p/on 5~ 545 547 .LEGENO BEARING NOTE BEARIHGS ARE ASTRONOHIC ANn ARE REFERRED TO THI~ PLAN S9R-230/,, HAVIN~ A EEARING QF Ni5'0l,'E B'tPERIAL NOTE: Distances on this pt:n are in feet and can be converted to moires bY multiplying by .3g~8 I C:D PART " f- IS.l* PART cu PLAN 59 t=- Lhie:ify of jj Legal uepartment 4310 Queen Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-maih (905) 356-7521 (905) 374-7500 rkallio@city.niagarafalls.on.ca I.~.u. I'~allio City Solicitor L-2000-63 August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Fails, Ontario Members: L-2000-63, Release of Site Plan Agreement 2886 Stanley Avenue (at Church's Lane) Our File No.: 2000-177 RECOMMENDATION: That Council release Classic '59 Investments Inc. from a 1990 Site Plan Agreement registered on title to the property formerly owned by Daniel and France Mowbray, and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing the parties and terminating the said agreement, at no cost to the City. REPORT: A Site Plan Agreement, dated September 28, 1990, was registered as Instrument Number 594918 for the purpose of setting out the teims and conditions under which former owners, Daniel and France Mowbray, should be pezmitted to construct a coin operated car wash on the subject lands. A new site plan agreement was entered into to construct mini-storage warehousing on the same site. As the car wash is part of the larger warehousing development and the terms and conditions of the new agreement govern both the existing car wash and the proposed warehousing, the 1990 agreement is now redundant and no longer required. The owner agrees to pay for any costs incurred by the City to prepare and register the release. August 21, 2000 - 2 - L-2000-63 Staff agrees that a release of the 1990 agreement has no impact on the City' s control over the current redevelopment of the property. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. and ~, Approved by: Tony Ravenda, //""Executive Director of Corporate Servid~s. ~~by: City Solicitor. Re_~.tfu/lly_y_y_~Su~j~t d: Chief Administrative Officer. Legal Department 4310 Queen Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 374-7500 rkallio@city.niagarafalls.on,ca R.O. Kallio City Solicitor L-2000-65 August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-65, Erskine Agreement with the City Building Permit - Testamentary Devise Our File No.: 2000-209 RECOMMENDATION: An Agreement dated July 27, 2000 between Mary Erskine and Robert James Erskine and the City regarding application for a Building Pennit with respect to Part 10 on Reference Plan No. 59R-7428, on the east side of Morris Road, be authorized. REPORT: Mary Erskine and Robert James Erskine are the owners of part of Lot 6 Concession 7 Township of Crowland, being designated as Part 10 on Reference Plan No. 59R-7428 and shown in heavy outline on the plan attached. The subject parcel was created under testamentary devise by the Last Will and Testament of Helen Preston. Pursuant to City policy, respecting lots created in this manner, any person or persons making application to the City for a building permit is required to enter into an agreement with the City to ensure that no building penztit would be issued until such time as certain requirements are met. The Agreement not only binds the owner of the subject land but also their respective heirs, executors, administrators, successors and assigns and assigns in title. In exchange for meeting the requirements described in the Agreement, a building permit would be granted to the owner of the subject lands. L-2000-65 August 21, 2000 Staff reviewed the request and has detennined that an agreement between the parties would be appropriate to adequately protect the City. Prepared by: , S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: //~Tony Ravenda, Executive Director of Corporate Services. Recommended by: R.O. Kallio, City Solicitor. Respectfully Submitted: C) /> I.~IEi'JA;;,,'DER 0 F I ,'. ,,., ': '<:H8 -I I 15 9 '? '.; ~ OF' DECEr'4BER :, BEARING NOT o LEGEND CAUTION THIS PLAN IS NOT A i WITHIN THE MEANIN( Legal Department 4310 Queen Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 374-7500 rkallio@city.niagarafalls .on .ca R.O. Kallio City Solicitor L-2000-66 August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-66 Niagara District Airport - Agreement Our File No. 92CNF000.038 RECOMMENDATION: That the attached Agreement among The Corporation of the Town of Niagara-on-the-Lake, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold and The Corporation of the City of Niagara Falls relating to the operation of the Niagara District Airport, be approved. REPORT: The Niagara District Airport is operated and maintained by the Niagara District Airport Commission, which in turn is made up of representatives appointed by the cities of Niagara Falls, St. Catharines, Thorold and the Town of Niagara.on.the. Lake. The Niagara District Airport is located in.the Town of Niagara_on_the_Lake. On December 31, 1999, the Agreement among the four municipalities was set to expire but all the municipalities agreed to continue the said Agreement until such time as a new agreement could be entered into. A meeting was held in September, 1999 with the Niagara District Airport Commission and the municipalities to hammer out the terms of a new agreement. Pursuant to that meeting, the agreement has been significantly changed and the changes as well as other terms are set out below: The Niagara District Airport Commission will now be composed of the following: b) c) d) -2- One (1) elected Council member appointed by each of the respective councils for a term of three years or less, which term will coincide with the term of the Council. Seven (7) additional members at large, consisting of three from the City of St. Catharines, two from the City of Niagara Falls, one from the City of Thorold and one from the Town of Niagara-on-the-Lake. These appointments shall be made by the respective Councils after considering the recommendation of the Commission. The Commission shall establish a Nominating Committee who shall be responsible for reviewing a list ofcandidites submitted by the municipalities. The seven (7) additional members shall be appointed for a term of three years or less. The Nominating Committee shall be comprised of the Commission Chairman, Past Chairman, and four Council members of the Commission. The Nominating Committee will interview the applicants and make their recommendations of the proposed candidates to each of the respective municipalities for their consideration. Council shall not be required to appoint those recommended by the Commission but are free to make other appointments. The Niagara District Airport Commission will continue to control and manage the Airport. The annual budget of the Commission will be approved at its November meeting and copies of the budget shall be submitted to the four municipalities on or before November 30th in each year for the respective Councils' consideration. If the budget is objected to, it shall be referred back to the Commission for further study, review and modification. In any event, the budget will not be binding on an objecting party until approved by that party. Even though there may be an objection to the budget, each municipality shall pay an amount equal to twenty-five per cent (25%) of the last approved budget by January 1~t and a further twenty-five per cent (25%) of the last approved budget no later than April Ist . -3- On July 1st and October 1st, equal payments based on the most recently approved budget, less the amounts already paid on January 1st and April Ist, will be paid to the Commission. The cost of operating, maintaining and improving the Airport shall be bome by the parties on a population ratio basis, which population will be determined by information obtained by the Regional Assessment Office. Each party shall pay its share of the Commission's budget in quarterly installments. As long as the Airport is operated as an airport and all the parties provide funding as set out in the Agreement, all four municipalities will share on a per capita basis in a distribution of assets that Nay occur as a result of a sale of the Airport. The Commission shall meet on the 3~d Thursday of every other month. Other meetings may be called as necessary by the Chairperson. It is our understanding that should Council approve the said agreement, there will be a formal signing ceremony at a later date. Recommended by: Ken Burden Director of Finance. Reco ed by: City Solicitor. Approved by: T. Ravenda, ~Executive Director of Corporate Services ROK:jm Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. THIS AGREEMENT made in triplicate the day of , 2000, and BETWEEH: THE CORPORATION OF THE CITY OF ST. CATHARINES hereinafter called "St. Catharines" of the FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called "Niagara Falls" - and - of the SECOND PART; THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE hereinafter called "Niagara-on-the-Lake" of the THIRD PART; of the FOURTH PART; - and - CORPORATION OF THE CITY OF IHOROLD hereinafter called "Thorold" WHEREAS pursuant to paragraph 10 of section 207 of the Municipal Act, being R.S.O. lggO, c. M.q5 as amended, the Councils of any two or more municipalities may enter into. an agreement for the establishment, operation, maintenance and improvement of aerodromes in compliance with the Canadian Aviation Regulations and for entrustlng the control and management of any aerodrome so established to a Commission appointed by such Councils. AND WHEREAS the Niagara District Airport Commission was established in the year 1959, and has operated the Niagara District Airport since that date under a lease with the Ministry of Transport of Canada; °2- AND WHEREAS by agreement made on the first day of January, 1964, the existence of the Niagara District Airport Commission was continued in accordance With the terms and provisions of the said agreement and subsequently, by other agreements, the most recent expiring on the 31st day of December, 19gg. AND WHEREAS the parties hereto have deemed it advisable to continue to administer and maintain the Niagara District Airport through the Niagara District Airport Conmnission in compliance with the requirements of the Ministry of Transport and has agreed to enter into this agreement for a term to expire on the 31st day of December,' 2006; AND WHEREAS ownership of the Niagara District Airport was transferred by the Federal government to the ToWn of Niagara-on-the-Lake, Ontario on September 13, lggG, providing the Town of Niagara-on-the-Lake continues to operate the said premises as an airport. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants and agreements hereinafter contained and expressed, the parties hereto covenant and agree, each with the other, as follows: 1. That there shall be continued an aerodreme hereinafter called an Airport in the Town of Niagara-on-the-Lake, in the Regional Municipality of Niagara, to be known as the Niagara District Airport. 2. That a Commission known as the Niagara District Airport Commission shall be and it is hereby continued and shall be composed as follows: a) One (1) elected Council member appointed by each of the respective councils of each of the parties hereto who shall be a member of the Commission for a term of three years or for such lesser period as may be determined by the appointing Council, which term shall coincide with the term of municipal council. b) Seven {7) additional members at large, consisting of three from the City of St. Catharines, two from the City of Niagara Falls, one from the City of Thorold, and one from the Town of Niagara-on-the-Lake. The appointment of those additional members shall be made by the respective C~uncils after considering the recommendation of the Commission. The Commission shall establish a Nominating Committee who shall be responsible for reviewing a list of candidates submitted by respective clerks of each municipality pursuant to a process outlined herein. The seven additional members shall be appointed for a term of three years by Council of each .municipality unless for such lesser period as may be determined by the appointing Council. The parties agree that the members shall continue to hold office until their successors are appointed. c) For the purposes of providing continuity, the Commission may recommend the term of appointment to respective Councils, when submitting a list of recommended additional members. The Commtssion's suggested term for the appointment of recommended members shall ensure the necessary continuity of experienced members on the Commission. Notwithstanding the three year term, nothing shall prevent the reappointment of an existing member of the Commission for subsequent or future terms. d) The Nominating Committee shall be comprised of the Chairman of the Commission, the Past Chairman and the four Council members of the Commission. The process for determining prospective members of the Commission shall be as follows: t} Each Municipality will advertise in the local newspaper, and the City Clerks will receive applications for open positions on the Commission before the end of December. lt) The City Clerk of each Municipality will forward the applications to the Nominating Committee of the CoFa~ission. The Nominating Committee will scrutinize the applications and determine a short list based on the experience, expertise and overall beneficial participation on the Commission. ill) The Nominating Committee will interview the applicants on the short list and present their recommendations to the Co~nission for approval. iv) The Commission will forward its recommendations of proposed candidates to each of the respective municipalities for their consideration in making the necessary appointments. Council shall not be required to appoint those recommended by the Commission. Appointment~ will be made by the appropriate Municipality. 3. That the control and management of the said Airport shall be and is hereby entrusted to the Niagara District Airport Commission, herein called the Commission. The Commission constituted in accordance with section 2 of this agreement, is hereby appointed and shall for purposes of this agreement be deemed to be appointed byall parties to this agreement. The Airport is to function as a viable commercial entity under the direction of the Airport Commission, with its primary purpose being meeting the needs of cor~nercial and corporate aviation within the commercial service area of Niagara Region. In this role, the Commission should provide land and facilities to attract aviation related businesses to locate at the Airport, support local area industrial growth by facilitating access by corporate aviation and encourage coranercial passengers and freight air services to the extent that markets for these can be developed. - 5 - 4. That the Comnission shall be required to present to the respective Councils of each Municipal party, with a business plan setting out anticipated improvements and operating results on a yearly basis together with their budget as outlined herein. 5. That the Conmnlssion shall engage a manager and such other employees as may be necessary for the proper operation and maintenance of the Airport . 6. That the officers of the Commission shall consist of a Chairman, a Vice Chairman, a Secretary, a Treasurer and such other officers as the Commission may deem necessary, from time to time. 7. That the Conmnission may appoint from its membership such committees as it may consider advisable. 8. That the annual budget shall be approved by the Conmnission at its November meeting and copies of the said budget shall be submitted to the Clerks of the parties hereto on or before the 30th day of November, in each year, for consideration by the respective Councils of the parties. If the budget is objected to by one or more of the parties hereto, it shall be referred back to the Commission for further study, review and modification. In any event, the budget will not be binding on an objecting party until approv~d by that party. Notwithstanding the foregoing, each of the parties hereto, shall in each year during the term of this agreement, pay an amount equal to twenty-five (25~) per cent of the last approved budget as approved by that party, by January 1st. A further twenty-five per cent of the last approved budget by that party, shall be paid to the Commission no later than April 1st. On July 1st and October 1st, equal payments based on the most recently approved budget, less the amounts already paid on January I and April 1, will be paid to the Commission by the respective parties. -6- g. That the cost of operating, maintaining and improving the Airport shall be borne by the parties hereto on a population ratio basis. Such population to be determined by information obtained from the Regional Assessment Office of the Province of Ontario, and each party shall pay its share of the Commission's budget for the respective years covered by this agreement to the Treasurer of the Commission in quarterly installments as provided in paragraph 8. In the event that any of the parties hereto disputes the aforesaid determi~ition of the population of any one or more of the municipalities in any year for the purpose of this agreement, or in the event that such determination of the population di frets from the population figures for Such year published in the Municipal Di rectory, the Municipal Directory shall govern and all necessary adjustments shall be made in the share to be paid by each party for such year. 10. Providing that as long as the Airport is operated as an airport and that the parties hereto provide the funding as discussed herein, all four municipalities will share on a per capita basis any distribution of assets that may occur as a result of a sale of the Airport. 11. That the Commission shall appoint an auditor at the first meeting of the Commission in each year and a copy of the auditor's statement shall be sent to the Clerks of each of the party municipality forthwith after it has been prepared. 12. That the Con~ission shall meet on the third Thursday of every other month at the call of the Chairperson, commencing at February's annual meeting. Other Commission meetings may be called as necessary by the Chairperson. - 7- 13. This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2006. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corporate seals under the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED in the presence of: o THE CORPORATION OF THE CITY OF ST. CATMARINES Mayor Clerk THE CORPORATION OF THE CITY OF NIAGARA FALLS Mayor Clerk THE CORPORATION OF THE TOWN OF NIAGARA-OH-THE-LAKE Mayor Clerk CORPORATION OF THE CITY OF THOROLD Mayor Clerk Legal Department 4310 Queen Street Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: Fax: E-mail: (905) 356-7521 (905) 374-7500 rkallio@city.niagarafalls .on.ca R.O. Kallio City Solicitor L-2000-67 August 21, 2000 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2000-67, Establishment of Daylighting Triangles As Public Highways - Russell Street and Robinson Street Our File Nos.: 2000-135, 1997-141 RECOMMENDATION: That the daylighting triangle at the comer of Russell Street and St. Patrick Avenue, described as Part 3 on Reference Plan No. 59R-11067, and the daylighting triangle, described as Part 1 on Reference Plan No. 59R-9906, located at the intersection of Robinson Street and Grey Avenue, be established as public highways to form part of Russell Street and Robinson Street, respectively. REPORT: As a condition of Land Division Committee Consent, Deborah Kirschner and Todd Kirschner transferred a daylighting triangle to the City. The subject land is located at the comer of Russell Street and St. Patrick Avenue and is shown hatched on the plan attached. In 1997, Part 1 on Reference Plan No. 59R-9906 was conveyed to the City for the purpose of a daylighting triangle. The subject land is shown cross-hatched on the plan attached. Staff is recommending that the subject lands be dedicated as public highways to form part of Russell Street and Robinson Street, respectively. Prepared by: Legal Assistant/Property Manager. Recommended by: City Solicitor. Approved by: Tony Ravenda, //~Executive Director of Corporate Services. Respectfully Submitted: Edward P. Lustig, Chief Administrative Officer. PART AREA LOCATION 1 5175 sq. ft. Part of Lot 110. Plan 6 & 7 2 8260 sq.fi. Part of Lots 109 & 110, Plan 6 & 7 Part of Lot 110, 3 109 sq. fi. Plan 6 & 7 P.I,N. ALL OF P.I.N. 64260-0085(LT) (formerly Hunter Street by Plan) Russell P,.642.0~,16 Street N89'24'[ (Plan 6) N89'lO'W (Plan 7) ~B ot N.E. C~NER (R~. d2 & ~os} (d~d d2 ~ ~t) -- N88'52'W 1 b4.65'~ ' ,/ ~P ~ ~ s . ~ ~ f~ ~89 ~ ~ N~52'W [me~s.) L-~;".,~..~ ~,=,,~"'- .... / ~o ~P~T 1 / ~ ~ PIN 642800086 -~" INST. NO. 742623 AND I~ No. 1157, (plon ~'rneas.) 66.0' N O PLAN 2 6 LOT 42 insfrurnenf no. 712101 ROBINSON STREET ',~ L( BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTH LIMIT OF ROBINSON STREET AS SHOWN ON PLAN 267° HAVING A BEARING OF NBT°OO'E IMPERIAL NOTE Disteni:es on thls olon ore in feet end can i"-_/or SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1. THIS SURVEY AND THIS PLAN ARE CORRECT AND If ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYOI ACT, THE REGISTRY ACT AND TH~ RE(3tJL/rTIONS MADE Utt:)ER THEM, 2. THE SURVEY WAS COMPLETED ON THE lit DAY OF .E/~.Y ...... 1997.. ~~,~Uurvey~ DATE.- Mk.Y_.~e_J.9_~?____ KI The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman August 21, 2000 WHEREAS the City of Niagara Falls distributes and retails electricity through its Niagara Falls Hydro Commission and successor companies; AND WHEREAS the City and its Hydro Commission have not allowed a rate increase since 1993, despite the impacts of inflation and other economic factors; AND WHEREAS the Hydro Commission has maintained quality service to a continuously increasing number of customers with the same number of employees; AND WHEREAS the Province has de-regulated the Ontario electrical market which would allow private companies to enter the market; AND WHEREAS in anticipation of the open market, the Province ordered mandatory restructuring of Municipal Electrical Utilities by November 7, 2000; AND WHEREAS the original proposal was to allow municipalities to either hold its local utility or sell it; AND WHEREAS the original proposal was to allow municipalities that retained their local utility to decide whether to operate the utility as a for-profit or not-for-profit business; AND WHEREAS the local Hydro Commission has spent over $500,000 to implement the changes required by the Provincial Electricity Act, the Business Corporation Act and Energy Board Act; -2- AND WHEREAS the local changes were planned under the assumption that Niagara Falls Hydro Inc. would be a for-profit operation; AND WHEREAS Niagara Falls City Council approved a for-profit orientation which was consistent with overall electric industry restructuring and was provided for by the Performance-Based Regulation under the Ontario Energy Board's regulatory regime; AND WHEREAS the new Hydro Corporation has submitted a request for a 3.7% rate increase to pay new taxes to the Provincial Government for Ontario Hydro's debt; AND WHEREAS the Hydro Corporation's request for a rate increase includes only L~% for the city's entitlement as sole shareholder; AND WHEREAS the City of Niagara Falls would accept no surplus payments from the Niagara Falls Hydro until infrastructure improvements to the local distribution system have been performed; AND WHEREAS Bill 100, "An Act to Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers from Unjustified .Rate Increases" will not allow any rate increase that results from the servicing of debt (interest payments) or the sharing of profits (dividends on shareholdings) or any rate increase that results from the transfer of assets from Niagara Falls Hydro Inc. to the City through the transfer bylaw; AND WHEREAS by introduction of Bill 100 the Province has effectively Changed their own rules mid-way through the de-regulation process at great expense to our customers; AND WHEREAS the Bill 100 legislation has put into doubt the financial stability of Niagara Falls Hydro Inc. due to the restrictions on the payment of dividends and interest; AND WHEREAS Bill 100 does not allow municipal owners to be treated in the same manner as any Shareholder of an Ontario business corporation in that they are unable to receive a commercial rate of retum on their investment; AND WHEREAS the Bill 100 legislation provides for operating margins at Niagara Falls Hydro Inc..which will be insufficient to provide any cushion for unexpected operating requirements such as major environmental or weather related factors such as an ice storm as experienced a few years ago in Eastern Ontario; AND WHEREAS Bill 100 appears to favour the provincial utility Hydro One, in that Hydro One was granted the lower cost of power than that of municipal electric utilities and Hydro One seems to have a confidence concerning regulatory matters which are not shared by the distribution utilities, thereby translating into an unfair advantage for Hydro One; AND WHEREAS Bill 100 creates many potentially anti-competitive implications for the Province's and Hydro One's dominance of the distribution sector; -3- AND WHEREAS the Bill 100 legislation may cause serious consequences to the newly incorporated Hydro Company and the City as they must give careful consideration to a new set of Provincial rules. NOW THEREFORE BE IT RESOLVED that City Council resolves to object to the proposed legislation and to petition the Ministry of Energy, Science and Technology to amend Bill 100, "An Act to Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers from Unjustified Rate Increases"; AND FURTHER BE IT RESOLVED that the for-profit option originally proposed for local electric utilities be retained or at least phased in. AND the Seal of the Corporation be hereto affixed. E.C. WAGG WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. Moved by Seconded by August 21, 2000 BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 15, 16 and 17, 2000 and designates the event as a "Community Festival" in Niagara Falls. AND the Seal of the Corporation be hereto affixed. E. C. WAGG WAYNE THOMSON CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. August 21, 2000 Moved by Alderman Seconded by Aldecfaan WHEREAS on February 18, 2000 a letter was sent by the Mayor' s Office to the Alcohol & Gaming Commission of Ontario (AGCO) raising concems about the liquor licenee application for an establishment named Elektrowerkz Caf~ located at 4439 Queen Street, Niagara Falls; AND WHEREAS the municipal address for Elektrowerkz Caf~ was similar to the Anaconda Night Club (formerly the Cell Block), which had run afoul with AGCO for liquor violations leading to a revocation of their licenee; AND WHEREAS there were concerns that the new establishment was merely a front for the old management attempting to regain a liquor licenee; AND WHEREAS the Downtown BIA had gone on record opposed to the issuance of the liquor licenee for Elektrowerkz Caf~; AND WHEREAS the Anaconda has been the site of many complaints to the police and criminal charges have been laid on the premises; THEREFORE BE IT RESOLVED that City Council formally oppose the issuance of a liquor licenee to Elektrowerkz Caf~ or any renewal of liquor licences for the Anaconda (former Cell Block). AND the Seal of the Corporation be hereto affixed. E.C. WAGG WAYNE THOMSON CITY CLERK MAYOR CITY OF NIAGARA FALLS By-law No. 2000- A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and schedule constituting Amendment No. 30 to the City of Niagar;~a Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to The Regional Municipality of Niagara for approval. 3. This By-law shall come into force and take effect on the day of final passing thereof. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading ,2000 Second Reading ,2000 Third Reading ,2000 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. 30 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 "Subject Site", shown on the map attached hereto, entitled "Map 1 to Amendment No. 30", shall be redesignated from Residential to Tourist Commercial on Schedule "A" of the Official Plan. MAP 1 TO AMENDMENT NO. 30 SCHEDULE- A- TO THE OFFICIAl, PLAN Area Affected by this Amendment Proposed Change From: RESIDENTIAL Proposed Change To: TOURIST COMMERCIAL MEW BURN ROAD THOL REEN BOU O iW OODII' O RING CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERIvr FROM SCHEDULE - A - FUTURE LAND USE PLAN Residential Parkway Residential Minor Commercial Major Commercial Tourist Commercial Resort Commercial Open Space Industrial Extractive Industrial Niagara Escarpment Plan Area Environmental Protection Areas Good General Agricultural Rural / Agricultural Special Policy Area AM-47/98 NOTE: This schedule forms part of Pancndmcnl No. 30 to the Official Plan for the City of Niagara Falls StO~-gS~m.dmnts~Sa~U-47.ga,~ and it must be mad in conjunction with the written text. June 2000 CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to authorize the execution of an agreement with respect to the operation of the Niagara District Airport. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement between The Corporation of the City of St. Catharines, The Corporation of the Town of Niagara_on_the_Lake, The Corporation of the City of Thorold and The Corporation of the City of Niagara Falls respecting the operation of the Niagara District Airport, subject to such terms and conditions as set out in the agreement and an excerpt of the Condition of Agreement attached hereto as Schedule "A", is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said agreement. Passed this day of ,2000. E.C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000 Second Reading: ,2000 Third Reading: ,2000 THIS AGREEMENT made in triplicate the day of , 2000, and BETWEEN: THE CORPORATION OF THE CITY OF ST. CATHARINES hereinafter called "St. Catharines" of the FIRST PART - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS .hereinafter called "Niagara Falls" - and - of the SECOND PART; THE CORPORATION OF THE TOWN OF NIAGARA-ON-THE-LAKE hereinafter called "Niagara-on-the-Lake" of the THIRD PART; of the FOURTH PART; - and - CORPORATION OF THE CITY OF THOROLD hereinafter called "Thorold" WHEREAS pursuant to paragraph 10 of section 207 of the Municipal Act, being R.S.O. lggo, c. M.45 as amended, the Councils of any two or more municipalities may enter into an agreement for the establishment, operation, maintenance and improvement of aerodremes in compliance with the Canadian Aviation Regulations and for entrustlng the control and management of any aerodrome so established to a Commission appointed by such Councils. AND WHEREAS the Niagara District Airport Commission was established in the year lg5g, and has operated the Niagara District Airport since that date under a lease with the Ministry of Transport of Canada; CITY OF NIAGARA FALLS By-law No. 2000- A by-law to provide for advance votes to be held prior to voting day. WHEREAS Section 43(1) of the Municipal Elections Act, S.O. 1996 provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE, the Council of The Corporation of the City of Niagara Falls enacts as follows: An advance vote shall be held on the 4m day of November, 2000, between the hours of 10:00 a.m. and 8:00 p.m., at the Optimist Club of Niagara Falls, 4751 Domhester Road, Niagara Falls. A second advance vote shall be held on the 8th day of November, 2000, between the hours of 10:00 a.m. - 8:00 p.m., at the Optimist Club of Niagara Falls, 4751 Dorchester Road, Niagara Falls. PASSED this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: ,2000. ,2000. ,2000. CITY OF NIAGARA FALLS By-law No. 2000- A by-law to provide for hours of voting on election day and reduced hours of voting in institutions and retirements homes. WHEREAS Section 46(3) of the Municipal Elections Act, S.O. 1996 provides~'hat a municipal council may pass a by-law with respect to reduced voting hours in voting places in retirement homes or those institutions as defined in Section 45(7) of the said Act, where the voting place is only for the use of the residents; NOW THEREFORE, the Council of The Corporation of the City of Niagara Falls enacts as follows: Those voting places as shown in Schedule "A" attached hereto and forming part of this by-law, shall be open between the hours of 10:00 a.m. and 8:00 p.m. Those voting places as shown in Schedule "B" attached hereto, shall be open for those hours as also detailed in Schedule "B". PASSED this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000. Second Reading: ,2000. Third Reading: ,2000. SCHEDULE "A" to By-law Number 2000- VOTING PLACES TO BE OPEN BETWEEN THE HOURS OF 10:00 A.M. AND 8:00 P.M. Voting Place #1 Christ Church 4750 Zimmerman Avenue Voting Place #2 St. Pat~ek's Church Hall 4673 Victoria Avenue Voting Place #3 Buckley Towers 4900 Buckley Avenue Voting Place #4 Eventide Home 5050 Jepson Street Voting Place #5 Niagara Falls Memorial Arena 5145 Centre Street Voting Place #6 Niagara Falls Badminton & Tennis Club 5300 Wilmott Street Voting Place #7 Fallsview Brethren Chumh 7189 Drummond Road Voting Place #8 St. Thomas More Roman Catholic Church 6548 Domhester Road Voting Place #9 Boys' and Girls' Club of Niagara 6681 Culp Street Voting Place # 10 Niagara Falls Fire Fighters Association 6493 Orchard Avenue Voting Place #11 Cavendish ManOr 5781 Dunn Street Voting Place # 12 St. Andrew's United Church 5645 Morrison Street Voting Place #13 Lundy's Lane United Church 5825 Lowell Avenue Voting Place # 14 Optimist Club 4751 Dorchester Road Voting Place #15 Niagara Worship Centre 6846 Frederica Street Voting Place #16 Greater Niagara General Hospital 5546 Portage Road Voting Place #17 Our Lady of the Scapular Hall 6557 Thorold Stone Road Recreational Voting Place #18 Mitchelson Park - Soccer Club Building 3800 Springdale Avenue Voting Place # 19 Stamford Lions Club Memorial Hall 3846 Portage Road Voting Place #20 St. John's Anglican Church 3428 Portage Road Voting Place #21 Greek Canadian Cultural Centre 2349 Portage Road Voting Place #22 Niagara Falls Christian Fellowship Church 6970 Mountain Road Voting Place #23 Fire Station #3 3401 Dorchester Road Voting Place #24 Redeemer Bible Church 3017 Montrose Road Voting Place #25 Shriner's Creek Cooperative Homes 7887 Thorold Stone Road Voting Place #26 Greendale Public School 5504 Montrose Road Voting Place #27 Ameri-Cana Resort & Conference Centre 8444 Lundy's Lane Voting Place #28 St. George Serbian Orthodox Hall 6085 Montrose Road Voting Place #29 Falls Place Co-op 6730 Kalar Road Voting Place #30 Fire Station #2 7036 McLeod Road Voting Place #31 Ecole Notre Dame 7374 Wilson Crescent Voting Place #32 Chippawa Lion's Club 3970 Welland Street Voting Place #33 Chippawa Willoughby Memorial Arena 9000 Sodom Road Voting Place #34 Fire Station #5 (Willoughby Fire Hall) 11208 Sodom Road SCHEDULE "B" to By-law Number 2000- VOTING PLACES TO BE OPEN BETWEEN THE HOURS OF Voting Place #1 Oakwood Park Lodge 6747 Oakwood Drive Voting Place #2 Dorchester Manor 6350 Dorchester Road Voting Place #3 Valley Park Lodge 6400 Valley Way Voting Place #4 Queenston Place 6640 Valley Way Voting Place #5 Lundy Manor 7860 Lundy's Lane Voting Place #6 Greycliff Manor 8158 Lundy's Lane Voting Place #7 Willoughby Manor 3584 Bridgewater Street Voting Place #8 Chippawa Place 4118 Main Street 10:00 a.m. to 2:30 p.m. 3:30 p.m. to 8:00 p.m. 10:00 a.m. to 2:30 p.m. 3:30 p.m. to 8:00 p.m. 10:00 a.m. to 2:30 p.m. 3:30 p.m. to 8:00 p.m. 10:00 a.m. to 3:00 p.m. 4:00 p.m. to 8:00 p.m. I CITY OF NIAGARA FALLS By-law No. 2000- A by-law to amend By-law No. 79-200, as amended. WHEREAS City Council adopted Official Plan Amendment No. 26 to ensure the creation of a high- quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by-law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by-law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the by-law that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; AND WHEREAS, Subsection 37(3) of the PlanningAct provides that, where an owner of land elects to provide facilities, services or matters in retum for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinat~er referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By-law No. 79-200, as amended, is to be permitted in remm for the provision of facilities, services and matters set out in this by-law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City"); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted: NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By-law No. 79-200, as amended, is further amended by numbering 482 the land on the east side of Buchanan Avenue through to Clark Avenue, being Part of Lots 21, 22, 26 and 27 and all of Lots 23, 24 and 25, according to Plan 173 of the former Village of Niagara Falls, now known as Plan 266 in the City of Niagara Falls, in the Regional Municipality of Niagara and now shown hatched and designated TC and numbered 482 on the plan Schedule 1 attached to and forming part of this by-law. 2. Notwithstanding subsections 8.6.2 (b), (d) (ii) and (g) of By-law No. 79-200, as amended, no person shall use the land described in section 1 of this by-law and shown hatched on plan Schedule 1, attached hereto, or erect or use any building or structure thereon for a hotel having a height more than 4 storeys, but not exceeding 10 storeys except in compliance with the following provisions and regulations: (a) Maximum height of building or structure and maximum number of storeys 29 metres or 10 storeys, whichever is lesser, subject to section 4.7 of By-law No. 79-200, as amended. (b) Minimum yards for the hotel building having a height more than 4 storeys, but not exceeding 10 storeys. Refer to plan Schedule 2 attached to and forming part of this by-law. ~ (c) Minimum landscaped open space 2 metre wide strip parallel to and along the Buchanan Avenue road allowance save and except for any driveways and/or buildings which are constructed to the tiont lot lines. 6 metre wide strip parallel to and along the Clark Avenue road allowance save and except for any driveways. 3. The owner of the lands described in section 1 of this by-law is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City to secure the facilities, services and matters referred to in section 4 of this by-law and such agreements are to be registered on title. 4. The height of development permitted by section 2 of this by-law shall only be pem-dtted subject to compliance with the conditions set out therein and in return for the provision by the owner or occupant of the lands, described in section 1 of this by-law, providing the following facilities, services or matters to the City, namely: streetscape improvements to the street frontages adjoining the subject lands described in section 1 of this by-law, inclusive but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2 percent parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan and in keeping with the City's Urban Design Standards; and a building design approved by Council, as contained in the bonusing clause of the agreement, which assists in adding a distinct and interesting feature to the City of Niagara Falls skyline. The design shall include distinctive massing, and surface articulation. A building facade which is exclusively mirrored shall be avoided. 3 5. No person shall use the land, erect or use any building or structure on the land within the area described in section I of the by-law shown hatched on the said plan Schedule 1, attached hereto, unless such municipal services as set out below are available to service the said land, building or structure: (i) an adequate sanitary sewer system; (ii) an adequate stotni sewer system; (iii) an adequate water supply system; and (iv) an adequate road system. 6. This by-law is passed pursuant to Section 24(2) of the Planning Act and shall not come into effect prior to the date the required tourism policies in the City's Official Plan come into effect. 7. Section 19 of By-law No. 79-200, as mended, is further mended by adding the following: 19.1.482 Notwithstanding subsection 8.6.2 (b), (d) (ii) and (g) of By-law No. 79-200, as mended, no person shall use the land on the east side of Buchanan Avenue through to Clark Avenue, designated TC and numbered 482 on Sheet D4 of Schedule "A" as mended, or erected or use any building or structure thereon for a hotel having a height more than 4 storeys, but not exceeding 10 storeys, except in compliance with By-law No. 2000- Passed this day of ,2000. E.C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading ,2000. Second Reading ,2000. Third Reading ,2000. SCHEDULE I TO BY-LAW No. 2000 - Subject Land Robinson r' 54.92 m ~ I~2,2~m~' · C t- // 'Amending Zoning By-law No. 79-200 Description: Part of Lots 21,22,26 and 27 and All of Lots 23,24,and 25. Plan 173, Village of Niagara Falls n.k.a. Plan 266 Now in the City of Niagara Falls Regional Municipality of Niagara Applicant: 757270 Ontario Limited c/o Reno Marcon Planning & Developmere Department AM-02/99 ':~'~ Schedule 2 to By-law No. 2000- E 54.92 m 8.90 m .7 55.98 m 84m ~"'55.98 m ~ · ~'---~'~ 0.22 m 41,15 m ~,\\ 13.72 m \, 15.44m Amending Zoning By-Law No. 79-200 Tower Component /'Location "~ Maximum # of Storeys Maximum Height Tower O 10 Storeys 29 m Part of Lots 21, 22, 26, and 27 and All of Lots 23, 24, and 25 Plan 173, Village of Nigara Falls n.k.a. Plan 266 Now in the City of Niagara Falls Regional Municipality of Niagara planning & Development Department $:'~tmng~AMS~19991AM0~-99'~Noti~e.~r,r 757270 Ontario Limited c/o Reno Marcon I:NTS AM-02/99 CITY OF NIAGARA FALLS By-law No. 2000- A by-law to amend By-law No. 93-283, as amended, being a by-law to appoint a chief building official and inspectors under the Building Code Act. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Section 2 of the said By-law No. 93-283 is amended by adding the names of Robert Judge and Sandro Elia and deleting the name of Ted Armstrong, therefor. This by-law shall be deemed to have come into force on the day of passing. Passed this 21st. day of August, 2000 E.C.WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: August 21, 2000 August 21, 2000 August 21, 2000 CITY OF NIAGARA FALLS By-Law No. 2000- A by-law to authorize the execution of a supplemental agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program (R.R.A.P.). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: A supplemental agreement effective June 30, 2000 terminating March 31, 2001 between Canada Mortgage and Housing Corporation, Hamilton Office and the Corporation of the City of Niagara Falls, in the form attached hereto, providing for, inter alia, the City to act as agent for Canada Mortgage and Housing Corporation in the processing of loans for the repair, rehabilitation and improvement to family housing units within the boundaries of the City of Niagara Falls, upon the terms and conditions as set out therein, his hereby approved and authorized. The Mayor and Clerk are hereby authorized to execute the said agreement and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said supplemental agreement Passed this day of August ,2000. E.C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: ,2000 ,2000 ,2000 CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to establish Part 3 on Reference Plan No. 59R-11067, as a public highway, to be known as and to form part of Russell Street. WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, c. M. 45 provides, in part, that the council of every municipality may pass by-laws for establishing and laying out highways; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the establishment by The Corporation of the City of Niagara Falls of part of Lot 110 on Plan No. 6 and 7 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part 3 on Reference Plan No. 59R-11067, for public highway purposes, is hereby approved and authorized. 2. That said Part 3 on Reference Plan No. 59R-11067, is hereby established as a public highway, to be known as and to form part of Russell Street. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000. Second Reading: ,2000. Third Reading: ,2000. CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to establish Part 1 on Reference Plan No. 59R-9906, as a public highway, to be known as and to form part of Robinson Street. WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, c. M. 45 provides, in part, that the council of every municipality may pass by-laws for establishing and laying out highways; AND WHEREAS The Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the establishment by The Corporation of the City of Niagara Falls of part Lot 42, Plan No. 267, in the former Village now the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part 1 on Reference Plan No. 59R-9906, for public highway purposes, is hereby approved and authorized. 2. That said Part 1 on Reference Plan No. 59R-9906, is hereby established as a public highway, to be known as and to fo,m part of Robinson Street. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000. Second Reading: ,2000. Third Reading: ,2000. CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to authorize an Agreement, dated July 27, 2000, between Mary Erskine and Robert James Erskine and The Corporation of the City of Niagara Falls regarding application for a Building Permit. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS EN.A_CTS AS FOLLOWS: 1. An Agreement, dated July 27, 2000, in the form attached hereto, between Mary Erskine and Robert James Erskine and The Corporation of the City of Niagara Falls regarding application for a Building Permit, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and the Clerk is hereby authorized the affix the corporate seal thereto and to deliver such document. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000. Second Reading: ,2000. Third Reading: ,2000. THIS AGREEMENT made this 27'~ day of July, 2000. BETWEEN: MARY ERSKINE and ROBERT JAMES ERSKINE Heroinafter called the "Owner" OF THE FIRST PAKT THE CORPORATION OF THE CITY OF NIAGARA FALLS Heroinafter called the "City" OF THE SECOND PART WHEREAS the Mary Ersldne and Robert James Erskine are the owners of part Lot 6 Concession 7, in the former Township of Crowland, now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Part 10 on Reference Plan No. 59R-7428, hereinafter referred to as the "said lands"; AND WHEREAS the said lands were created under testamentary devise by the Last Will and Testament of Helen Preston, deceased; AND VerlEREAS any person or persons making application to the City for a building permit to build on the said lands are required to enter into an agreement with the City for the purposes set out heroin; NOW THEREFORE THIS AGREEMENT W1TNESSETH that in consideration of the issuance of a building permit, the Owner hereby covenants and agrees with the City as follows: 1. The Owner shall provide the City with a valid transfer/deed registered on title to the said lands. 2. The Owner shall provide the City with a letter of clearance from the Regional Health Services Department indicating the said lands can be serviced by private water supply and sewage disposal facilities. 3. The Owner shall provide the City with a letter of clearance from the Niagara Peninsula Conservation Authority indicating that there is sufficient land associated with the said lands (1 acre) properly situated outside the flood plain for a dwelling and septic system. 4. The Owner shall provide the City With a letter of clearance from The Regional Municipality of Niagara indicating that the said lands comply with the Regional Policy Plan, specifically with respect to the Minimum Distance Separation Formula of the Agricultural Code of Practice or a distance of 1,000 feet, whichever is greater, between building lots and livestock operations. 5. The Owner shall pay the current Development Charges of the City. -2- 10. I1. If applicable, the Owner shall pay the current Development Charges of The Regional Municipality of Niagara. The Owner releases the City from any obligation to provide urban municipal services, such as sewers, municipal water and parks, to or for the benefit of the said lands. The City agrees to issue to the Owner a building permit for the said lands within one year from the date of this agreement subject to the Owner satisfying the above requirements and subject to any changes respecting the said lands by any other authority having jurisdiction. This agreement shall enure to the benefit of and shall be binding upon the parties hemto their respective heirs, executors, administrators, successors and assigns and succe~ors in title. The Owner acknowledges and agrees that the City may register this Agreement on title against the said lands. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or feminine or the neuter has been used where the context or the party or parties so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have the authority to bind the corporation and the Owner hereunto sets their hands and seal. In the presence of ROBERT SAM~S EP, SKn'~ THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Wayne Thomson Title: Mayor Name: E.C. Wagg Title: City Clerk CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to authorize a Release of a Site Plan Agreement registered in 1990 as Instrument No. 594918 on the title to property now owned by Classic '59 Investments Inc.. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The issuance of a Release to Classic '59 Investments Inc., the present owner of the property described in the following Instrument, for the purpose of releasing the said owner from the requirements and provisions of the Site Plan Agreement registered in 1990 as Instrument No. 594918, at no cost to the City, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000. Second Reading: ,2000. Third Reading: ,2000. CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to change the name of part of Edgeworth Road designated as Parts 1 and 2 on Reference Plan No. 59R-11122, to be known as and to form part of Weinbrenner Road. WHEREAS Section 111 of the Municipal Act, R.S.O. 1990, provides, in part, that the council of every municipality may pass by-laws for the changing of names of highways; AND WHEREAS in accordance with Section 300 of the Municipal Act, R.S.O. 1990, notice of Council's intention to pass this by-law has been duly published once a week for four successive weeks in the Niagara Falls Review; AND WHEREAS The Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That The Corporation of the City of Niagara Falls change the name of part of Edgeworth Road designated as Parts 1 and 2 on Reference Plan No. 59R-11122, in the City of Niagara Falls, in the Regional Municipality of Niagara, to be known as and to forth part of Weinbrenner Road, is hereby approved and authorized.. This by-law shall not take effect until a certified copy of this by-law has been registered in the Registry Office for the Land Titles Division of Niagara South. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: ,2000. ,2000. ,2000. CITY OF NIAGARA FALLS By-law No. 2000- A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and schedule constituting Amendment No. 31 to the City of Niagar~Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to The Regional Municipality of Niagara for approval. 3. This By-law shall come into force and take effect on the day of final passing thereof. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading ,2000 Second Reading ,2000 Third Reading ,2000 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. 3 1 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is herebyamended as follows: 1. MAPCHANGE The "Subject Site", shown on the map attached hereto, entitled "Map 1 to Amendment No. 3 1 ", shall be redesignated from Tourist Commercial to Residential on Schedule "A" of the Official Plan. I MAP 1 TO AMENDMENT NO. 31 SCHEDULE- A- TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From: TOURIST COMMERCIAL Proposed Change To: RESIDENTIAL [2223 ["'1 Parkway Residential F"'] Minor Commercial ~ Major Commercial .-.."' I .... ."" .. ,,.,,;" I; .1':, _Sdbject Lands TOrehard Grove Cres. 1 (//~vvooclsv Cres. O ~ > O n,' > ':[ ~ < o rn lit CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN Residential Tourist Commercial Resort Commercial Open Space NO FE: This schedule fonns part of Amendment No. 00 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text Ethel Street Industrial Extractive Industrial Niagara Escarpment Plan Area Environmental Protection Areas Good General Agricultural Rural / Agricultural Special Policy Area AM-24/00 July 2000 CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to authorize the execution of an Agreement with Centennial Construction and Contracting (Niagara) Inc. respecting road reconstruction on Collins Drive and Toby Crescent. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated the 21st day of August, 2000 between Centennial Constmcti~Tt and Contracting (Niagara) Inc. and The Corporation of the City of Niagara Falls respecting road reconstruction on Collins Drive and Toby Crescent, at a cost of $558,636.30, subject to such terms and conditions as set out in the agreement and an excerpt of the first page attached hereto as Schedule "A" is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said agreement. Passed this day of ,2000. E.C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000 Second Reading: ,2000 Third Reading: ,2000 SCHEDULE "A" COLLINS DRIVE & TOBY CRESCENT ROAD RECONSTRUCTION CONTRACT NO. 2000-187-00 THIS AGREEMENT made in quadruplicate the 21st day of August, A.D. 2000. BETWEEN: CENTENNIAL CONSTRUCTION AND CONTRACTING (NIAGARA) INC. Hereinafter called the "Contractor", of the FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "Corporation ", of the SECOND PART. WHEREAS the Corporation has awarded to the Contractor the contract for the supply of all labour, materials and equipment necessary for the installation of underground services and road rehabilitation on: Collins Drive from Drummond Road to southeast limit Toby Crescent from Collins Drive to Collins Drive in the City'of Niagara Falls, in accordance with the drawings, specifications, general conditions of the contract and other documents and papers listed in paragraph 4 of this agreement (all of such drawings, specifications, general conditions of the contract and other documents and papers herein referred to as the "contract documents"), copies of which are hereto attached, the Contractor having put in a tender therefor, a copy of which is hemto annexed, which said tender has been accepted by the Council of the Corporation; CITY OF NIAGARA FALLS By-law No. 2000 - A by-law to authorize the execution of an agreement with Condotta Construction Limited respecting 2000 Watermain Replacement Program. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement dated the 21st day of August, 2000 between Condotta Construction Liinited and The Corporation of the City of Niagara Falls respecting Stanley Avenue watermain replacement program, at a cost of $576,606.55, subject to such temis and conditions as set out in the agreement and an excerpt of the first page attached hereto as Schedule "A", is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said agreement. Passed this day of ,2000. E. C. WAGG, CITY CLERK WAYNE THOMSON, MAYOR First Reading: ,2000 Second Reading: ,2000. Third Reading: ,2000. SCHEDULE "A' 2000 WATERMAIN REPLACEMENT PROGRAM CONTRACT NO. 00-190-00 THIS AGREEMENT made in quadruplicate the 21st day of August, A.D. 2000. BETWEEN: CONDOTTA CONSTRUCTION LIMITED Hereinafter called the "Contractor", of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafier called the "Corporation", of the SECOND PART. WHEREAS the Corporation has awarded to the Contractor the contract for the provision of all labour, materials and equipment necessary for the abandonment and installation ofwatermain on: North Street from Stanley to MeRae Buchanan Street from McRae to Stamford Stanley Avenue from Valley Way to McRae Chippawa Parkway from Daly to Thomaswithin the limits of the City of Niagara Falls, in accordance'with the drawings, specifications, general conditions of the contract and other documents and papers listed in paragraph 4 of this agreement (all of such drawings, specifications, general conditions of the contract and other documents and papers herein referred to as the "contract documents"), copies of which are hereto attached, the Contractor having put in a tender therefor, a copy of which is hereto annexed, which said tender has been accepted by the Council of the Corporation;