2004/08/16PLANNING/COUNCIL
MEETING
Monday, August 16, 2004
Order of Business
and Agenda Package
PLANNING COUNCIL MEETING
August 16, 2004
PRAYER: Alderman Vince Kerrio
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
Quilt Celebratin.q City's Centennial
Debbie Mclnness of the Patchwork Porch will present a commemorative quilt
celebrating the City's centennial.
DEPUTATIONS
Terry Fox Run
Les Potapczyk, Chairman of this year's Terry Fox Run will outline various activities
surrounding the annual event.
PLANNING MATTERS
ITEM NO. 4'1 Public Meeting
AM-05/2002, Official Plan & Zoning By-law Amendment Application
West Side of Morris Road and the North Side of Grassy Brook Road
between Morris Road and Crowland Road
Owner: Grand Niagara Resort Corporation
Agent: Glenn Schnarr & Associates
West Golf Course Expansion
-2-
Background Material:
Recommendation Report: PD-2004-76
-AND-
Correspondence from Lucille Coleman
Correspondence From Jeffrey Wilker, Thomson Rogers
Correspondence from J. Ross MacFarlane, Flett Beccario
ITEM NO. 42 Public Meeting
AM-32/2004, Official Plan & Zoning By-law Amendment Application
9441 Lundy's Lane
Applicant: Willi Helmut Praxl
Agent: Richard Brady, Planner,
Proposal to Permit Estate Wineries
within Good General Agriculture Lands
Background Material:
Recommendation Report: PD-2004-72
-AND-
Correspondence from Jean Grandoni
ITEM NO, 43 Public Meeting
AM-36/2004, Zoning By-law Amendment Application
6269 & 6293 Dorchester Road
Applicant: 121190 Ontario Inc.
Agent: Richard Brady, Planner,
Proposed Single Detached and Apartment, Vacant Land Condominium
Background Material:
Recommendation Report: PD-2004-66
-AND-
Correspondence from Planning and Development Department,
Regional Municipality of Niagara
Correspondence from Dr. Vladmir Vasic
Correspondence from Shelagh & Robert Lalonde
Correspondence from Cheryl Slater
Petition from area residents.
-3-
ITEM NO. 44 Public Meeting
AM-34/2004, Zoning By-law Amendment Application,
5830 Stanley Avenue
Applicant: Feliciano Pingue
Request to Add a Tattoo Studio as a Permitted Use
Background Material:
Recommendation Report: PD-2004-67
-AND-
Correspondence from Mary Dion
Correspondence from Charles Zarafonitis, Kings Inn Motor Lodge
ITEM NO. 45 Public Meeting
AM-33/2004, Zoning By-law Amendment Application
5205 Fourth Avenue
Applicant: Margaret Elizabeth Pinter
Proposed Martial Arts School and Residential Unit
Background Material:
Recommendation Report: PD-2004-65
-AND-
Correspondence from Planning and Development Department,
Regional Municipality of Niagara
ITEM NO. 46 Public Meeting
AM-35/2004, Zoning By-law Amendment Application
4403 Morrison Street and 4781 & 4785 Ontario Avenue
Applicant: Eric Leatherbarrow
Agent: Allan Heywood, Surveyor, Recognition of Existing Dwellings
Background Material:
Recommendation Report: PD-2004-74
-4-
MISCELLANEOUS PLANNING MATTERS
1. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City
of Niagara Falls hereby determines, in accordance with Section 34(17) of the
Planning Act, R.S.O., that the change to the proposed zoning by-law for application
AM-21/2004 (Carmen Grisafi (TAGC Holdings) regarding a proposed 6-storey hotel
at 5640 & 5700 Stanley Avenue and 5651, 5653 & 5659 Buchanan Avenue) is
minor in nature and does not require any further notice.
Please note: the resolution above must be passed to proceed with the next item of
business.
2. Chief Administrative Officer PD-2004-68, Zoning By-law Amendment
Application, AM-21/2004
5700 Stanley Avenue
Applicant: Carmen Grisafi (TAGC Holdings)
Proposed Holding Zone Provision
3. Chief Administrative Officer PD-2004-75, Implementation Report, Fernwood
Draft Plan of Subdivision 26T-11-2004-03
(Revised), Official Plan & Zoning By-law
Amendment Application AM-23/2003, Zoning By-
law Amendment Application AM-17/2004,
Owner: 800460 Ontario Limited
-AND-
Correspondence from Planning and Development Department, Regional Municipality of
Niagara
Correspondence from Victor Muratori, Sullivan Mahoney
Correspondence from Frank Fohr
Please note: Dr. John Bacher, Jean Grandoni and Peter Grandoni have requested to
speak to this matter. Victor Muratori reserves the right to address Council depending on
the above noted deputations.
4. Chief Administrative Officer PD-2004-79, 1) Hilton Hotel Official Plan
for Securing Cash Contributions for Capital
Facilities under Section 37 of the Planning Act;
and
2) Implementation of Council's Section 37
Community Benefits Programme
-5-
5. Chief Administrative Officer PD-2004-77, Removal of a Holding Symbol,
AM-01/2003, Lands South of Marineland
Parkway
Applicant: Fallsview Golf Inc.
Agent: Italia Gilberti, Broderick & Partners,
Proposed Golf Course
ADDITIONAL PUBLIC MEETINGS AND RELATED REPORT,~
Note: the first two reports that follow have been advertised to the public as per
legislation or as a courtesy.
1. Chief Administrative Officer CD-2004-18, Fees & Charges
2. Chief Administrative Officer F-2004-49, 2004 General Purposes Budget
Amendment
3. Chief Administrative Officer F-2004-50, Review of Budget Process & 2005
Budget Schedule
4. ChiefAdministrative Officer CPS-2004-02, Sewer Consumption Rate Refund
REGULAR COUNCIL MATTERR
ADOPTION OF MINUTES: Planning/Regular Minutes of the July 12, 2004 Council
meeting and the Regular Minutes of the July 26, 2004
Council meeting.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARK,~
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Letter from Klm Craitor, M.P.P. - Re: 5440 Drummond Road
RECOMMENDATION: Refer to staff.
2. Letter from the Arthritis Society - Re: Proclamation of September as National
Arthritis Month and request for approval a Flag Raising at City Hall.
RECOMMENDATION: That the request be supported.
-6-
3. Letter from the Port Colborne/Wainfleet Healthy Lifestyles Coalition - Re:
Request for $300 to go toward funding their conference on Substance Abuse
Prevention.
RECOMMENDATION: For the consideration of Council.
4. Letter from the Rotary Club of Niagara Falls Sunrise - re: requesting that the
City designate "Art by the Falls" as a "Community Festival".
RECOMMENDATION: Council approve the resolution listed later in the agenda.
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 Selina Volpatti, Chair)
LEGAL MATTERS
The following by-laws must be read and approved before Council can proceed with the
subsequent Legal reports. Descriptors in the brackets are for ease of reference.
His Worship Mayor Salci will request whether there is anyone present that has an
interest in the roads being closed and lands being sold.
2004-146 A by-law to permanently close part of a highway. (Brock Street)
2004-147 A by-law to permanently close part of a highway. (Bruce Trail/Gore Lot)
2004-148 A by-law to permanently close part of a highway. (Golia/Stamford Township
Lots 18 and 23)
2004-149 A by-law to permanently close part of a highway. (Murie St./Anderson Cres)
1. Chief Administrative Officer L-2004-31, Permanently Closing and Sale of
Part of Brock Street, Plan 338, Being Parts 1,2
and 3 on 59R-12450.
-?.
2. Chief Administrative Officer L-2004-34, Licence Agreement with The Bruce
Trail Association, Declare Lands Surplus -
Parcel 1 - Part of Township Lot 5; and Parcel
2 - Part of an Unopened Road Allowance which
as been permanently Closed between Gore Lot
between Township of Stamford and Niagara
(known as Gore Lot 9); and Township Lot 7
Stamford; Pad of Road Allowance between Gore
Lot between Townships Stamford and Niagara
(known as Gore Lot 8 and Township Lot 7
Stamford; lying between Mewburn Road and
DP362.
3. Chief Administrative Officer L-2004-39, Nicola and Esther Golia, Purchase of
Part of Road Allowance (unopened) now known
as Part 2 on Reference Plan 59R-12498
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL
ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE
MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED
OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
1. CD-2004-19, Special Occasion Permit, Chippawa Lions Club;
2. F-2004-52, Municipal Accounts;
3. F-2004-48, Agreement with Brinks Canada Limited;
4. F-2004-51, Major Receivables Quarterly Report;
5. MW-2004-123, Grassybrook Service Area, Sanitary Servicing Review, Municipal Class
EA, Consultant Engagement;
6. MW-2004-119, Traffic Control Signal Devices Maintenance Operations Agreement;
7. MW-2004-127, Occupation of City Roads NRBN Fibre Optic Project;
8. MW-2004-128, 2004-127-03, Beaverdams Road Traffic Calming and Asphalt Overlay,
Lundy's Lane to Kalar Road;
-8-
9, MW-2004-129, 2004-130-03, Kalar Road Reconstruction & Storm Sewer from Thorold
Stone Road to Shriner's Creek;
I0. MW-2004-130, 2004-140-04, Kalar Road Sidewalk Construction from Shriner's Creek
to Mount Carmel Boulevard;
tt. PD-2004-69, Ministry of Municipal Affairs & Housing, Planning Reform Initiatives;
t2. PD-2004-7t, Request for Extension to Draft Plan Approval, Chippawa West Phase
II, File 26T-94009, Owner: Queensway-Chippawa Properties Inc.;
13. PD-2004-73, Proposed Terms of Reference Niagara Waste Systems (Walker
Industries Holdings Limited), Provision of Future Waste Disposal Capacity in the City
of Niagara Falls;
14. R-2004-55, Management Agreement with the Old St. John's Stamford Heritage
Association;
15. R-2004-54 - Lease Agreement with the SCVFA;
t6. R-2004-53, Firemen's Park Creative Playspace Equipment Proposal P.O. 1-2004;
RATIFICATION OF "IN CAMERA" MATTERS
RESOLUTIONS
1. THEREFORE 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 October 2nd and 3fa, 2004, and
designates the event as a "Community Festival".
2. THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal
Program, the Council of the Corporation of the City of Niagara Falls hereby requests
payment of renewal funds for transit vehicles for physically disabled persons in the
amount of $24,875.00.
3. THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal
Program, the Council of the Corporation of the City of Niagara Falls hereby requests
payment of renewal funds for transit vehicles for conventional transit vehicles in the
amount of $345,754.00.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2004-150 A by-law to amend By-law No. 2002-081, being a by-law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by-laws.
2004-151 A by-law to establish Parts 5, 7 and 9 on Reference Plan 59R-12203 as a
public highway, to be known as and to form part of Garner Road, as set out
in Schedule "A" attached hereto.
2004-152 A by-law to amend By-law No. 2001-103 respecting the classes of
development that may be undertaken in site plan control areas without the
approval of plans and drawings otherwise required under subsection 4 or 5
of section 41 of the Planning Act, R.S.O. 1990.
2004-153 A by-law to authorize the execution of an Encroachment Agreement with JIM
PATTISON ENTERTAINMENT LTD. respecting permission from the City to
encroach over part of the highway with a sign.
2004-154 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (OPA No. 51, Fernwood Subdivision, 800460 Ontario
Limited).
2004-155 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan (OPA No. 56, Hilton Hotel).
2004-156 A by-law to amend By-law No. 79-200, to permit the construction of a 6-
storey hotel. (AM-21/2004, TAGC Holdings). (HANDOUT)
2004-157 A by-law to amend By-law 79-200, to permit a residential plan of subdivision
and interim zoning on abutting land (AM-23/2003 and AM-17/2004,
Fernwood Subdivision, 800460 Ontario Limited). (HANDOUT)
2004-158 A by-law to amend By-law No. 79-200, to recognize two existing residential
buildings on the northwest corner of Morrison Street and Ontario Avenue.
(AM-35/2004, Eric Leatherbarrow). (HANDOUT)
2004-159 A by-law to amend By-law No. 2003-46, to remove the holding symbol on a
portion of the lands fronting onto Marineland Parkway and allow them to be
developed as a golf course. (AM-01/2003, Fallsview Golf Inc.) (HANDOUT)
- l0 -
2004-160 A by-law to authorize the payment of $21,808,626.54 for General Purposes.
2004-161 A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 16th day of August, 2004.
NEW BUSINESS
Corporate Services Department PD-2004-76
Planning & Development Doug Darbyson
T ..... Jta[ 4310 Queen Street Director
ne c;l~y oT jr~lf P 0 Box 1023
Niagara FallsyJ~l~_- Niagara Falls, ON L2E 6X5
Ccln~~/~' web site: www.city.niagarafal[s.on.ca
~---------'""~"~- ! -- Tel.: (905) 356-7521
Fax: {905) 356-2354
E-maih planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-76, Official Plan & Zoning By-law Amendment Application
AM-0S/2002, Grand l~liagara Resort Corporation
West side of Morris Road and the North Side of Grassy Brook Road,
between Morris Road and Crowland Road
Agent: Glenn Schnarr & Associates
West Golf Course Expansion
RECOMMENDATION:
It is recommended that Council approve the Official Plan and Zoning By-law amendment application to
facilitate the expansion of the golf course component of the Grand Niagara Resort Development and direct
staff to prepare the necessary document for adoption as outlined in this report, once environmental matters
have been reviewed by the Ministry of Natural Resources and the Niagara Peninsula Conservation
Authority.
BACKGROUND:
In 2001, City Council approved Official Plan Amendment No. 37 and Zoning By-law Amendment 2001-
157 for those lands located east of Morris Road, between Biggar Road and the Welland River as shown
as Grand Niagara Resorts on the attached Schedule 1. The amendments were part of the Grand Niagara
Resorts Development, which involves the development of two championship calibre golf courses and a
driving range, as well as the following uses: a full-service hotel, vacation villas, a conference centre, a
fitness centre/spa and administrative offices. The amendments also recognized the Environmental
Protection areas along the Welland River, the Creeks and the Provincially Significant Wetlands located
within the development (see Concept Plan, Schedule 2).
Grand Niagara Resorts Corporation has requested an amendment to both the Official Plan and Zoning By-
law for an expansion to the west golf course component of the Development.
Proposal
The subject application involves three parcels of land. The first two parcels have a total area of
approximately 3.64 ha (9 ac.) and are located between Grassy Brook Road and the Welland River, east of
Morris Road. They have been identified as Part 1 on Schedule 1. The third parcel consists of 22 ha (54.4
ac.) and is located along the west side of Morris Road. It has been identified as Part 2 on Schedule 1. The
proposed use of these lands is for golf course and golf driving range uses only.
Working Together to Serve Our Community
Clerks Finance Human Resoumes Information Systems · Legal · Planning & Development
August 16, 2004 - 2 - PD-2004-76
The majority of Parts I and 2 is currently designated Rural/Agricultural (deferred) in the Official Plan
while portions of the lands abutting Grassy Brook and along the Welland River are designated as
Environmental Protection Area. All of parts 1 and 2 are zoned Rural/Agricultural (RA) in By-law No.
1538 (1958) of the former Township of Crowland. The application proposes to redesignate these lands
by extending Open Space - Special Policy Area 34 to these lands from the existing course. Similarly, it
is proposed to rezone the lands to a site specific Open Space (OS-553) zone to permit the proposed golf
course development. The buffer areas along the creeks and the Welland River, as well as a woodlot west
of Morris Road, would be designated Environmental Protection Area and zoned Environmental Protection
Area (EPA 555).
It is noted that an application to amend the Regional Niagara Policy Plan (Amendment #172) is being
processed simultaneously to recognize the golf course use of the lands.
Site Description and Surrounding Land Uses
The two parcels of land located north of Grassy Brook Road (Part 1) are both vacant and slope down
toward the Welland River. The most easterly parcel of land is entirely contained with the floodplain of
the Welland River. The westerly parcel includes a significant portion of land that is within the Welland
River Provincially Significant Wetland (PSW).
The larger parcel of land on the west side of Morris Road (Part 2) is crossed by Grassy Brook and a
tributary of Lyon's Creek. A woodlot located in the southwest comer of Part 2 contains a swampy area
and is considered part of the Lyon's Creek North PSW Complex. The remainder of the property has been
used in the past and is currently being used as agricultural lands. An interprovincial pipeline easement also
cuts through this parcel.
The surrounding land uses include rural residential lots along the no~Ja side of Grassy Brook Road and
agricultural lands, farm related dwellings and wooded areas to the west and south of Part 2. To the east
and south are the remaining lands of Grand Niagara Resorts. Several significant industrial uses are located
north of the Welland River (Cytec, Regional sludge transfer site, a composting facility). The east golf
course component of the Resorts development (east of Crowland Road) is currently under construction
with grading works.
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and the
public, with the following comments being received.
Municipal Works No objections or conditions of approval requested as part of
this application.
· Traffic and Parking Services Daylighting triangles will be required at the intersection of
Morris Road with Biggar Road and Grassy Brook Road.
The triangles can be implemented through site plan control.
The applicant is required to update their traffic impact study
dated March 2001 which was tentatively approved to
incorporate their revised developmental phasing schedule.
In addition, the consultant was requested to review several
issues that were not addressed in the study and have yet to
be received. Specifically:
visibility studies were requested to be carried out at the
proposed entrances to the development to determine
August 16, 2004 - 3 - PD-2004-76
whether visibility is adequate based on the operating
speed, crossing sight distance and safe stopping sight
distance; and,
an analysis of the railway crossing at the intersection of
Crowland Avenue and Biggar Road with respect to
visibility, additional traffic control devices or whether
other improvements will be warranted.
These traffic issues relate to the resort accommodation
component of the development on the lands to the east of
the proposed golf course expansion considered herein. An
update to the traffic impact study will be required through
the site plan control process prior to the construction of any
structures on the abutting lands.
· Parks Recreation & Culture The implementation of the recommendations contained in
the Environmental Assessment Report is requested as a
condition of development approval.
· Public Comments - L. Coleman - opposed to the redesignation of Part 1 (as
shown on Schedule 1) since it is an environmentally
sensitive area and constitutes a high quality site for wildlife.
This letter has been attached as Schedule 3.
· Regional Planning & No written comments received.
Development
· Building and By-law Services All required building permits to be obtained prior to the
commencement of construction of any stmctures. (Note: No
structures are proposed on the subject lands.) Any further
comments with regard to the Ontario Building Code shall be
addressed during the Site Plan Approval process.
· Niagara Peninsula Conservation Conservation Authority Staff has requested that a closer
Authority (NPCA) review of the Welland River Wetland should be conducted
including an on-site meeting with the applicant's consultant
and relevant agencies to confn-m the extent of land area to
be protected. It is also noted that the Conservation
Authority's Valleyland Guidelines protect the Welland
River natural valley corridor from development below the
top of slope.
The environmental protection area setback from Grassy
Brook and the tributary to Lyon's Creek should follow a
15m setback from the creek or the mapped regulatory 100
year floodline, whichever is greater.
Planning Review
The proposed amendments would designate and zone the subject lands under the same site specific
provisions considered for the Grand Niagara Resorts area to the east. Under Official Plan Amendment No.
37 "Open Space" uses are limited to a golf course/driving range including a club house and the lands
identified with significant natural features are designated 'Environment Protection Area'. Both of these
[ I [
August 16, 2004 - 4 - PD-2004-76
designations are subject to the special provisions of Special Policy Area "34" which requires that a site
plan agreement be entered into with the .City before a golf course is allowed to be developed. In addition,
the required site plan will reqmre the implementation and mitigation of environmental
protection/mitigation measures, as well as address other issues such as road improvements,
herbicide/pesticide impacts, grading, stormwater management, lighting, fencing, servicing and preservation
of any archaeological resources.
Similarly, the provisions of the Open Space (OS 533) and Environmental Protection Area (EPA 555)
zoning of By-law No. 2001-157 would apply to the subject lands. Included in the zoning provisions are
minimum development setback requirements from the creeks and PSW.
An assessment of each parcel considered through this application follows:
Part 1 (Eastern Portion)
This parcel is currently designated 'Environmental Protection Area' (EPA) and zoned 'Rural -
Agricultural'. Since the entire parcel is located within the wetland buffer of the Welland River
Pro.vincially Significant Wetland (PSW) the applicant has requested an "Environmental Protection Area"
zonmg of the lands. This change would bring the zoning into compliance with the existing Official Plan
designation and is supported by Planning staff.
Part 1 (Western Portion)
Approximately one third of this property is within the Welland River PSW according to mapping prepared
by the Ministry of Natural Resources (MNR). A 30-metre buffer from the wetland boundary has been
designated as EPA in the City's Official plan. A March 2004 Environmental Impact Assessment prepared
by Stantec Consulting Ltd., on behalf of the applicants, identified wetland communities extending beyond
this 30-metre buffer. In order to further redefine the limits of the PSW, Stantec prepared a more detailed
evaluation based on wetland plant cover. This evaluation identified a new wetland boundary and
concluded that based on the tolerance of the vegetative comminutes, a 5-metre development setback would
provide an adequate buffer for a golf course use. The existing EPA designation of the Official Plan falls
within this newly mapped wetland and recommended buffer.
The shape of the parcel, the slope of the lands, as well as the amount of area occupied by the wetland
would not be conducive to agricultural use of the property. In consideration of these limitations and the
associated golf course to the south, the use of this property as a hole for the golf course can be supported.
However, both the Niagara Peninsula Conservation Authority and Regional Planning staff(through verbal
communications) have questioned the wetland boundary and buffer area identified by the applicant's
environmental consultant and have requested a further review and approval by the Ministry of Natural
Resources. Ultimately, the extent of the proposed Environmental Protection area on the amending
planning documents will depend on the agreed upon location of the wetland boundary and its associated
buffer. It is quite possible that there may be insufficient area on this parcel to support a golf hole.
Consequently, the amendments to designate and zone part of these lands for golf course use (i.e., "Open
Space") should be deferred until it is confirmed that a properly designed golf hole can be accommodated
on the lands. Should it be concluded that a hole cannot be accommodated, all of this parcel will be
designated and zoned as "Environmental Protection Area".
Part 2
Located on this parcel is a wooded area containing a portion of the Lyon's Creek North Wetland Complex,
a stretch of Grassy Brook, and a tributary of Lyon's Creek. These areas are proposed to be designated and
zoned "Environmental Protection Area".
August 16, 2004 - 5 - PD-2004-76
The remaining lands are either currently in agricultural use or have been in the past. An Agricultural
Impact Assessment has been submitted by the applicant (prepared by ESG International) to study the
potential loss of agricultural resources for the proposed expansion. According to the study, only half of
the parcel (about 22 ha) is presently in agricultural production and that the soils are predominantly Class
3, clay-based soils. The study concludes that there are few opportunities within Niagara Falls where lands
of lower agricultural capability can be used for this type of development and that there will be no
significant retirement of agricultural infrastructure or investment as a result of this application.
The Grand Niagara Resorts golf course to the east of this property was approved on surplus industrial lands
within the urban area boundary. This application represents an extension of this permitted use rather than
the establishment ora new golf course. The course extension onto these lands can be designed to minimize
impact on the surrounding agricultural and rural residential uses. In fact, the preliminary plans submitted
by the applicants show only three holes on the whole of this parcel.
CONCLUSION:
As an extension of the permitted golf course use to the east, the proposed amendmants to the Official Plan
and Zoning By-law can be considered a compatible use for this area and are supported in principle. By
incorporating these lands into the currant site specific Official Plan and zoning provisions applied to the
Grand Niagara Resorts to the east, the detailed development provisions will also apply to these lands.
However, prior to the passage of an amendment, the developable area for a golf hole on the western parcel
of Part 1 should be confirmed through a review by the Ministry of Natural Resources and Niagara
Peninsula Conservation Authority. Should there be insufficient area to support a hole, the requested "Open
Space" designation and zoning should not be applied and the environmental nature of the lands recognized
through these amendments.
Respectfully submitted:
Francesca Berardi <~t'l~r-' John MacDonald
Planner 2 ~Chief Administrative Officer
Recommended by:
hj~Dbug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
FB:tc
Attach.
S:kPDR~2004XPD2004-76, AM05-2002, Grand Niagara Rcsort.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Official Plan and zoning By-law Amendment
Applicant: ' Grand Niagara Resort Inc.
Legal Description: Part of Lots 5, 6 and 7,
broken front concession,
former Township of Crowland
AM-05/2002
i I I [
SCHEDULE 3 fllMd 8686 Lyons Creek Road
R.R. #1
('~) W elland, ON
Lucille Coleman L3B 5N4
905 384 1597
July 29, 2004 ,
Mr. Doug Darbyson
Director of Planning & Development
City Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Darbyson:
City 1~11 AM-05/2002
With respect to an application to amend the Official Plan and Zoning By-law No. 1538, for the
record:
I oppose the official plan and zoning by-law amendment application
The lands noted in Schedule 1 as Part 1 is a wetland area, and as such, constitutes a high quality
site for wildlife. The land in Part 1 is an environmentally sensitive area as identified by the
Province of Ontario and the Regional Municipality of Niagara. Parcels of lands such as this are
rare and there is a special urgency to protect these areas since they represent a particularly fragile
and in many cases, a rapidly disappearing natural resource.
It would be fatal for this Council to overlook the urgency of the moment and to underestimate
the importance of preserving this distinct area. To preserve this unique rural/agricultural area is
to render the greatest homage possible to the species that make this their home.
People look to their governments with the hope that they do the fight thing. Please do the fight
thing now and turn down the application for official plan amendment.
Yours truly,
RECEIVED
Lucille Coleman AU6 '0 3
PLANNING
&DEV. E_LOPMENT
8686 Lyons Creek Road
R.R. #1
Welland, ON
L3B 5N4
Lucille Coleman 9O5 384 1597
July 29, 2004
Mr. Doug Darbyson
Director of Planning & Development
City Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Darbyson:
City Fill AM-05/2002 ~
With respect to an application to amend the Official Plan and Zoning By-law No. 1538, for the
record:
I oppose the official plan and zoning by-law amendment application
The lands noted in Schedule 1 as Part 1 is a wetland area, and as such, constitutes a high quality
site for wildlife. The land in Part 1 is an environmentally sensitive area as identified by the
Province of Ontario and the Regional Municipality of Niagara. Parcels of lands such as this are
rare and there is a special urgency to protect these areas since they represent a particularly fragile
and in many cases, a rapidly disappearing natural resource.
It would be fatal for this Council to overlook the urgency of the moment and to underestimate
the importance of preserving this distinct area. To preserve this unique rural/agricultural area is
to render the greatest homage possible to the species that make this their home.
People look to their governments with the hope that they do the right thing. Please do the right
thing now and turn down the application for official plan amendment.
Yours truly,
RECEIVED
Lucille Coleman Al J60 3 20Oil
PLANNING
& DEVELOPMENT
I
SENT BY FAX
AuguSt 3, 2004
Ms. Franeeaca Berardi
City of Niagara Falls
Planning Department -- ' ....
P.O. Bo~- 1023 R EC~l~ ~/ED
4310 Queen S~eet
Niag~a Falls, Ontario ~0~ ~ ~ ~
L2E 615 PLANN~t~
D~ Ms. Ber~di:
Grand Niag~a Reso~ ~ ~d ~nlng By-law Amendmen~ Applications
CIW ~le: ~-0~/2002
O~ Client: C~ee Eana~ ~e.
Our File No. 040874
We are: the solicitors for Cytee Canada Inc. with respect to this matter. Our client has
major land holdings north of the Welland River. Its ~hemical manufacturing plant, which
manuf~ctur~ phosphine, is located on Garner Road, north of CbJppawa Creek Road.
The pl~mning approvals for the C~rand Niagara Resort development were determined by the
Ontario Municipal Board ("the Board"). The Board approved a separation distance from
the resort developraent block to the intersection of Garner Road and Chippawa Creek
Road. This separation distance is included in both the Official Plan Amendment No. 37 as
policy no. 14.34.3(a), and is also incorporated on Schedule 1 to Zoning By-law 2001-157.
Additionally, restrictions were placed on the resort development block with respect to a
densiLv of 42 units per acre and a height not to exceed five storeys (Official Plan
Amendment No. 37, policy no. 14.34.3). A copyofthe Board decision is attached for your
ease o-? reference.
It is ottr understanding that the amendments being sought to tiao Regional Official Plan and
to the City Official Plan Amendment a~d for the rezoalng affect the open space areas only.
The proposed planning approvals do not in any way change the separation distance
component of the existing plaaaiag approvals. Additionally, it is our understanding that
B A R R I S T E R S A N D S O L ! C I T O 1~ S
SUITE 310O · 390 BAY STREET · TORONTO, ONTAF~IO ~u CANADA · M5H ~W2 · FAX 416368..3134 · TEL 416~68-3100
Thomson
gooers
the density and height provisions for the resort development block are also being left
In sum~ it is our specific understanding that the purpose of these amended planning
approw[ls is to permit an extended area for the golf course itself and is not to permit other
types of development (such as expanded resort development block).
Should this understanding be in any way incorrect, we request that we be so notified well
prior tc the public meeting date of Monday, August 16, 2004 in order that we can seek
further instructions from our client.
We further request that we be provided with notice of any further documentation with
respect to this matter, including being prov/ded with copies of any planning report* being
prepare~l by the City or Region Planning Department(s) and the passage of any by-laws or
other development approvals by the either the City and/or by the Region.
We have copied both the City and Region Clerks on this correspondence to ensure that oar
offices are listecl for notification purposes.
Yours 'very truly,
~Je~ey J. Wilk~
SJW/pf
Enclosure
ce: Bmee Jones, Plant Manager, Cytec Canna Inc.
cc: Doug Darbyson, Dir*ctor of Pl~uming
ce: Dean Iorfida, City Clerk
co: Drew Scruple, Region of Niagara Planning Department
Tom Itollick, Regional Clerk
ce: Glenn Sehnarr, Planning Consultant for Crrand Niagara R~ort Inc.
i I I
~SSUE D^'r~: [ !,, ~1~ ,~ 'I PL010797
April 10, 2002
Ontario
DECISION/ORDER NO: Ontario Municipal Board
046'1 Commission des affaires municipales de I'Ontado
Cytec Canada Inc. has appealed to the Onlario Municipal Board under subseclion 17(24) of the
Planning A¢~, R.S.O, 1990, ¢. P.13, as amended, from a decision of the City of Niagara Falls to
approve Proposed Amendment No, 37 to the Official Plan for the City of Niagara Falls
City of Niagara Falls File No,: By-law 2001.56
OMB File NIo. O010164
Cytec Cans,da inc. has appealed to the Ontario Municipal Board under subsection 34(19) of the
Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 2001-157 of the City of
Niagara Fa'.ls
OMB File No. R010175
APPEARANCES:
Parties Counsel
Grand Niagara Resort Corporation H. Arnold
B. Smith
Cyl:ec Canada Inc. J. Wilker
MF!MORANDUM OF ORAL DECISION DELIVERED BY M. HUBBARD ON
APRIL 8, 2002 AND ORDER OF THE BOARD
TI-dS MATTER having come on for hearing and determination this day, and upon
reading the Affidavit of Doug Darbyson, Director of Planning for the City of Niagara
Fails, and upon being advised of the consent of the parties to this Order:
1. THE BOARD ORDERS that the appeals of Cytec Canada Inc. of City of
Niagara Falls Official Plan Amendment No. 37 and Zoning By-law No.
2001-157 of the City of Niagara Falls are hereby granted as follows:
_g_ PL0t0797
Section 14,34.3 of Official Plan Amendment No. 37 is hereby
deleted and is replaced with the wording set out and attached as
Schedule "A" to this Order and forming part of this Order;
Official Plan Amendment No. 37, as amended by Schedule "A" is
hereby approved;
Schedule 1 of Zoning By-law No. 2001-157 is hereby deleted and is
replaced with the map attached as Schedule "B" to this Order and
forming part of this Order; and
Zoning By-law 2001-157, as amended by Schedule "B" is hereby
approved.
The Board so orders.
VICE-CHAIR
SCHEDULE "A"
GRAND NIAGARA RESORT OPA MODIFICATION:
14.34.3 Notwithstanding the Open Space policies of this Plan, approximately 16
hectares of land within the urban area may be developed as a resort
development block, and may include a full-service hotel, vacation villas, a
conference centre, a fitness centre/spa, and administrative office and related
ancillary uses as integral components of a golf course resort. Accommodation
facilities'within the resort development block will be permitted at a density of
42 units per hectare and a height not to exceed 5 storeys.
Pursuant to Section 9 of this Plan, it is important to ensure that a compatible
m:rangement of land uses be maintained respecting recreational and resort
development and the industrial lands designated and zoned for heavy industrial
purposes to the northwest. These heavy industrial facilities are situated to the
northwest of the Garner Road and Chippawa Creek Road intersection_ In
order to ensure compmibility between these sensitive land uses, the fo]lowing
policies will apply:
a) A separation distance of 1.09 km will be implementc<l providing for
a transition of land uses fi'om these heavy industrial facilities to the
resort development block.
· b) Open space lands in proximity to these heavy industrial facilities,
i.e. within the separation distance, will be restricted to low intensity
recreational type uses such as golf course facilities ,and uses
,ancillary thereto_
c.) Resort development block buildings providing places of assembly
and overnight accommodations wilt be restricted to areas beyond the
1.09 km separation distance.
d) To effectively establish a separation buffer between the resort
development block and these heavy industrial facilities, the
implementing zoning by-law will provide a minimum distance
setback of 1,09 km from the intersection of Gmmer Road and the
Chippawa Creek Road to the closest point of the resort development
block.
e) Any application to amend OPA No. 37 and/or Zoning By-law 2001-
57 shall be subject to the public notification requirements of the
Planning Act with an expanded notice circulation to all properties
within 1,500 metres of the resort development block_
'SCHEDULE "B"
Amending Zoning By-law No. 79-200
Zonln~: and part of the Road Allowance
'Ret, orr (lq) OS 554 ~ Belween Lots 2 and 3
Broken Front Concession
Environmental EPA 555 ~ Former Township of Crowland,
protection Area now the City oflqiagam Falls
Golf CounZ OS 553
__ _ Grand Niagara Resort Corporation
AM-08/2001
FROM: JEFFREY J. WILKER
TlloIII$OI1 RE: cYrEc
]~ ei~S FOREST NIAOAKA DEVELOPMENT
T~R Fl[LIE NO:
NO. OF PAGES:
(Including Tvansmlttal
AUGUST 3, 2004
TRANSMITTAL
SHEET
TO: FRANCESCA BERARDI ~']RM: CITY OF NIAGARA FALLS FAX NO: 1-905-356-2354
DOUG DARBYSON CITY OF NIAGARA FALLS 1-905-356-2354
DEAN IOILglDA CITY OF NI AGAILa. FALLS 1-905-356-9083
DREW S~MP LE REGION OF NIAGARA 1-905 -641-5208
TOM HOLLICK REGION, OF NIAGARA 905-685-6543
COMMENT:
A Confmming Copy of this Fax Transmission: [] Will not be sent unless requested
[] Is b~ing sent by ordinary mail
[] 'Is being sent by
TRANSMITTAL THE INFORMATION CONTAINED IN
VERIFICATION THIS TRANSMISSION 18 CONFIDEN-
TIAL AND INTENDED ONLY FOR THE
INDIVIDUAL OR ENTITY TO WHOM
IT IS ADDRESSED, IF YOU HAVE
RECEIVED THIS TRANSMISSION IN
ERROR, PLEASE NOTIFY US
IMMEDIATELY.
IF YOU DO NOT RECEIVE ALL
PAGES, PLEASE TELEPHONE OUR
Verification will be stamped SWITCHBOARD AT 416-868-3100 AND
immediately after transtnission TELL THEM YOU AILE CALLING
REGARDING A FAX PROBLEM.
Prepared By: JJW
Suite 3100 · 390 Bay Street · Toronto, Ontario · Canada · MSH lW2 · FAX416-868-3134 · TEL. 416-868-3100
FLETT
._...I EcCARIO VIA FACSIMILE ONLY
(905) 356-2354
BARRISTERS &
SOLICITORS
tTound~ ~) August 12, 2004
190 DIVISION STILEET
P,O, BOX 340
WELLAND, ONTARIO
t~e sP~ Director of Planning and Development
Attention: Doug Darbyson
T~LE]~HOh, E City Hall
(905) 732-4481 4310 Queen Street
(905) 7344370 Niagara Falls, ON
1-866473-5388 L2E 6X5
(905) 732-2020 Dear Sir:
(905) 734-7719
Re: Official Plan and Zoning Amendment Application
City File; AM-0512002
JOl~q' H. FLETT, LL.B.
os9049~) I am the solicitor for Jack Facca and Aileen Cerroni, who reside at
c~u~tD.s~.cc~o,Q.C. 9733 Crowland Avenue. Their property is on the west side of
(1914-19s?) Crowland Avenue, north of Biggar Road and south of Grassy Brook
PmLl~ CROUCU, Road.
Q.C-~ B.~,LL.B-
P.~TIRFaD
Jack and Aileen have retained me to represent them in connection
A~mONVD'M4]CO, with the proposed amendment. They wish to record their
LL.B.
opposition to the proposed amendment for the following reasons:
DUNCAN M. MACFARLANE,
Q.¢., B~, LL.B.
1. The current preliminary site plan submitted by the applicants
~ ~. ~.a~osv,, contemplates Crowland Avenue being closed north of Biggar
S.A.,LL.]t. Road, and Grassy Brook Road closed east and west of
STE¥'gN N. LAT~TOVTCil, Crowland Avenue. It appears from the applicants' intended
~.A.,~.~.~. plan that the main entranceway for the resorUgolf course
,]'[FFI~Jg¥ Il. ROOT, would run along the existing Crowland Avenue, and indeed
s'~"[['s' would replace Crowland Avenue in front of my clients'
(2A.R.LOGUALTIER.I~ property (therebY, blocking access to their property). On
B,Comm.,LLB, June 2, 2003, Council denied the applicant's request to
J. ROSS MACFARLANE, close these roads (City File: MW-2003-103). I attach a copy
B. Am S~l:l. ons.), LL.B. of the relevant portions of the Council Minutes in this regard.
It is respectfully submitted that it would be inappropriate to
E-M. AIL grant the requested amendment, when the applicants have
fl.u~a.tt~.¢car~..~o, ignored Council's decision to leave Crowland Avenue and
,damic~flettbectario.com Grassy Brook Road open. Without a preliminary site plan
dmacrarlanel~le~beccario, com
mlarose~llettbeetarlo.¢om that reflects Council's decision, it is impossible to properly
~tl,ovkh®n~ttl)~rlo.~o= consider the overriding policies of the Official Plan, and the
jrootl~tlettbeccario, rom factors listed at clause 18 "Assessment of the Application"
c§ualtierif~flettbeccario.com
jrmacfar~fl~ttbecc~rto.com of the Application for Amendment dated July 26, 2002.
[ I 1
FLETT
BEcc u o
Page 2
2. The current preliminary site plan submitted by the
applicants appears to contemplate golfers crossing
public roadways (Crowland Avenue, Morris Road, and
Grassy Brook Road) at seven separate points: from hole
1 to hole 2; from hole 6 to hole 7; from hole 7 to hole 8;
from hole 11 to hole 12; from hole 12 to hole 13; from
hole 13 to hole 14; and from hole 15 to hole 16. Six of
these seven crossings are from and to the lands that are
proposed to be rezoned. It is respec[fully submitted that
this poses a significant safety hazard for residents of the
area, and for golfers on the proposed course. This is
particularly the case if alcohol is to be served on the
course, as is done at many golf courses. To the best of
my knowledge, there has been no report commenting on
this aspect of traffic impact. From Aileen and Jack's
perspective, they will be most directly affected by this
issue as they use the local roadways to and from their
home, as it is literally in the middle of the proposed
development.
Please include this letter in the matedal to be circulated to
Council, and please consider this as my request to speak to this
issue at the Council meeting to be held on Monday,
August 16, 2004 at 7:00 p.m..
Finally, as discussed with Francesca Berardi of your
department, whom I tha. nk for her assistance, would you please
ensure that I receive a copy of your department's
Recommendation Report by fax no later than Monday morning.
Thank you for your cooperation.
~JRM*sw ~' ~"~'
Enclosure
c.c.: clients
June 003 Co cll Minutes
l~eduetlon of Weelea
Hie Wo~hip Mawr ~eon ~ma~ on ~e ~dous even~ ~at ~e ~
a~ed ~e ~U~ indu~ a~ ~m~ ~n~ms ~at ~e~onal ~p~y~ may not be
~lled ba~ ~ ~ough ~ a~ain ~e mqu~e houm ~r Empl~e~t I~u~n~ during
· ~ due to ~e d~cu~ being ~Han~ a~ ~e Pmvin~ ~ ~pe~ ~ ~u~
thM ~ ~ ~e number of ~ ~ui~ ~r unemplo~t insumn~ ~g~il~
t~ ~nter mon~.
M~r ~o~on ~ ~t m~gs am ~i~ he~ w~h ~e P~I 3nd
F~l govern, ~ ~ge Commi~, ~e N~ga~ P~ ~m~ a~ major
~e~lde~ ~ ~mul~ ~e ba~ ~ ~e tou~st ~on and indi~ ~ ~ ~lno,
~ ~njun~on ~ ~ NI~a~ P~ C~m~, am lau~ at holding major
dung ~e sum~.
ORDER~ on ~e mo~on of Alde~ V~pa~, s~d~ byron F~n, ~ata
mquJ~ ~r Unempl~n/Insu~n~ ~1~, due to ~e m~nt ~on~ aff~ hl~ng
In ~ ~u~sm ind._ ~
SHED B ~
Av~, Road CI~u~. ~e mp~ ~mende~at~ G~Niagam Falls pm~a
to ~ a~ ~ po~a of G~sy ~ook R~ and Or.land Avenue R~ ~ ~t
in ~mman~on In Report L-~03~3 aub~ ~e ~d~nal ~ns~ de~d
~mmuni~ NO, ~4 - Mr, 4. R~a Ma~adane~ Flea Be~a~o, ~ &
8olJo~, ~ ~mmun~n a~s ~ Mr. ~Ha~ ~uld b. · aae~an~ at
June ~, ~003 Ooun~l m~ ~ a~m~ ~ ~.
Mr. ~ Ma~ane, ~r. ~ In a~e~an~ on ~half ~ the
~t~ ~at ~ ~ ~y 2a~ ~ang h~ ~ ~e d~elo~ ~ ~ml r~, no~
or ~e r~e~' ~n~ ~m maoW~. He ad~ mat aeve~l r~ge~ p~e~,
pa~ a~ve~ in d~o~ a~ mede s~o~ ~ to ~ ~at ~ ~elo~r
~uld go f~ ~ e ~ ~a~ ~r go~ m~ and ~p ~e ~da ~; he
~pr~ hla oHnion on ~e ah~ notJ~ gi~n ~ ~ard to ~e ~ng on ~ 2~
~ repo~ dg n~ ~d~ ~e Impa~ ~ ~ r~d.d~u~ ~u~ ~ve on ~e
re~en~ In ~ ~a: mf~ to ~e eme~e~ ~ p~o~; he u~d ~un~l
to fo~ ~a ~enda~na ~U~ ~ ~s ~ pubic in.mM had ~ be
~ns~e~ M~e ~me ~ ~e by~ ~ng ~n~emd ~d not at a la~me ~mugh
The D~m of Mun~pal Wo~ ~ ~M ~ a~al m~ ~ ~u~ not
~me i~ e~ un~l ~ si~ p~ had ~ ap~ a~ ~a~ the i~u~, aa o~n~.
~M b~ d~g ~ du~ng ~ a~ plan p~.
~e ~ ~Ror ~v~ed ~ ~e ~sue of~e p~lic Intent ~ de~l~ ~le~
I
J~ne 2. 200~ Council M]nut~
Mr, Macfadane ~'vised thai; his clients wanted this development to proceed, were
interested In parflrJpating in the s~ plan process; and that a world-class resort ~ an
improved Crowiand Avenue and Grassybrook Road would be of benefit to the residents
of Niagara Falls,
Mr, Colin Vigor, who resides at th~weat end of the proposed development, advised
that he had no objections to the mad closure_
Mr. Glen Schnaar, representative of the developer, discussed the proposed style
of the development which was to be 300 time-share units north of Grassyb~ook Road and
a 350-room hotel/spa/conference centre~valking trails complex to the south; he indicated
that even if the roads were not closed, [he develepmerlt would still continue. Mr. Schnaar
re~erted to the t~-affic concerns of the residents and advised that harms could be
constructed to deal wilh the treffio Issues and that the develcl3er was willing to work with
the resider~ts through the site planning process.
Mr. Bob Rob~so~ expressed ~a~fic con(ems in the area; he also s~ated that the
the roads remain open w~h a~neiderat~n being given to mad improvements.
In respoi3se to cone. ems ex~ms,sud, the Director of Municipal Works advised that
the acluat road closure would not happen until the site plan agmernent was signed and that
Impmvenrei~ts to ~he mad could he handled through payment el~development chou'gas and
various other funding sources.
Mr. Schnaar advised that the golf course wo~Jld still be built in its present layout end
stated that it was necessary to t~y and tie-in the norther zone lands for the l~me share un]ts
into all the facilities of'the southern lands. He indicated that the request was more for the
resort development component than the golf coume.
Followi~lg the discussion, it was ORDERED on the motion of Alderman Puflick,
seconded by Alderman Fisher, that the matfer be deferred for further engineering
information. The motion was Lost.
Following further discussion, it was ORDERED on the m~flon of AJderman Femn,
sec, o~ dad byAIderman Pietrerlgeio, that the request for GraSsyflmok Road and Crc~yland
Avenue mad closure be denied. The motion Carried wi~ AldelTnan Flaher Voting contrary
to the motion and with all ol~ers voting in favour.
ORDERED on the motion of,alderman PJotrangelo, seconded by Alderman Feren, thai the
communications be received alld filed, q:arrled Unanirnouely.
COMMI~ICATIONS
Comreunicatlon Ne. 116 -The Victoria Gellt~'e BJ.A., Re: Approval of tim 2003
Budget. The communication requests that Council approve the Victoria Centre B,I~,.
2003 Budget.
ORDERED on the motion of Alderrnan Pietrangelo, seconded by Alderman Feren, that
the request be approved. Carried Unanin]ouslv.
Communication No. 117 · Main & Ferry B.I,A, -Re: Approval of the 2003 Budge~-
The communication requests that Council approve the Main & Ferry B.IA. 2003 Budget.
ORDERED on the motion of Alderman Platr~ngelo, seconded by Alderman Feren, that
th~ request be approved, Carried Unanimously.
Corporate Services Department PD-2004-72
f ~l,~ Planning & Development Doug Darbyson
The City o jrj'~l~ 4310 Queen Street Director
Niogoro Folls~l~llll, P.O. Box 1023
Canada ~',~,- Niagara Fails. ON L2E 6X5
~Jlrl~r web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-72, Official Plan & Zoning By-law Amendment Application
AM-32/2004, 9441 Lundy's Lane
Applicant: Willi Helmut Praxl
Agent: Richard Brady, Planner
Proposal to Permit Estate Wineries within
Good General Agriculture Lands
RECOMMENDATION:
It is recommended that Council hold the public meeting in order to obtain information respecting
the issues surrounding the proposal to establish estate wineries within Good General Agriculture
lands so that staff may continue to work with the Region and the applicant in order to formulate the
appropriate amendments for Council's consideration.
BACKGROUND:
Willi Helmut Praxl, through his agent, Richard Brady, has requested amendments to the Official Plan
and Zoning By-law for 24.3 hectares (60 acres) of land known as 9941 Lundy's Lane, as shown on
Schedule 1. The amendment is requested to permit the establishment of an estate winery, a wine
store and a restaurant in addition to the permitted tourist home and residential uses, all within the
existing building. Details are shown on Schedule 2.
The land is designated Good General Agriculture in the Official Plan. The land is further affected
by Special Policy Area 43 which permits a four-room tourist home. A general amendment to the
Good General Agriculture policies is proposed by the applicant to permit estate wineries.
The land is also zoned Agricultural (A-639). Special provision 639 permits a four-room tourist
home. The applicant is requesting a site specific A zone to permit a winery, a wine store and
restaurant uses, together with the permitted tourist home and residential uses, within the existing
building.
Working Together to Serve Our Communigy
Clerks · Finance Human Resources Information Systems Legal · Planning & Development
August 16, 2004 - 2 - PD-2004-72
Site Description and Surrounding Land Uses
Thc subject land, located on the north side of Lundy's Lane between Bccchwood Road and Thorold
Townline Road, is currently occupied by a 5,300 sq. ft. building that was constructed as a single
detached dwelling. The land is farmed with 5 acres of grapes planted and another 3 acres of land
being prepared for grape plants. The remainder is planted with field crops. Lands to the north arc
used for agriculture as are some of the lands to the south and east. Other uses to the south and east
include a driving range, single detached dwellings, a nursery and the Italo-Canadian Centennial Club.
Agricultural uses are also found on the west side of Thorold Townline Road within the City of
Thorold.
Circulation Comments
Information regarding this application was circulated to City departments, government agencies and
the public for comment.
Regional Public Health More information is required regarding the septic
system since there will be increased sewage flows.
The system may require Ministry of Environment
(MOE) approval.
Municipal Works Dedication of a 2.94 metre road widening along the
Becchwood Road frontage.
· Parks, Recreation & Culture No objections.
· Building & By-law Services The building, as a single detached dwelling, was
occupied without authorization under the Ontario
Building Code.
No permits have been issued for thc four-room bcd
and breakfast and are required to be obtained prior to
any further change of use being authorized by the
Chief Building Official.
- The proposed amendments for the inclusion of
commercial uses are subject to building permit
requirements in accordance with the Ontario Building
Code and Act.
· Fire Services Use of the existing bcd & breakfast cannot be
permitted at this time as no permits have been issued
to convert a single residence to a bed & breakfast.
Approval of the application for an estate winery to be
conditional on thc applicant satisfying permit
requirements prior to occupancy.
An adequate water supply for fire fighting will be
required.
August 16, 2004 - 3 - PD-2004-72
Planning Review
1. Introduction
The proposed Official Plan amendment would introduce policies to provide for the
establishment of estate wineries throughout the area designated Good General Agriculture
in the City's Official Plan. The subject lands lie outside those identified as Good Grape
Areas in the Regional Policy Plan. Over the past 20 years, the cottage winery industry has
flourished in the Region to the point where many Niagara wines are internationally
recognized. These wineries are typically located below the escarpment within Niagara~on-
the-Lake, St. Catharines and Lincoln on lands identified as Good Grape Areas and Good
General Agriculture Areas in the Regional Policy Plan.
A small area of land in Niagara Falls, north of Mountain Road, is identified as Good Grape
Area with the remainder as Good General Agriculture in the Policy Plan. Although the
subject lands lie outside the current areas identified for grape growing, significant advances
in the development of grape cultivars and farming techniques have occurred such that grapes
are now being introduced in non-traditional areas. With the vineyards, estate wineries are
frequently developed to process the grapes and to serve as a form of agri-tourism business
for visitors to the region.
2. Issues
The applicant's agent, Regional Planning Staff and City Planning Staff met to discuss the
merits of this application. As a result of those discussions, a number of issues have arisen
which are noted below.
(a) Consistent approach to uses in agricultural areas. The Regional Policy Plan
contains agricultural land use classifications which take into consideration soil
conditions and climatic features among the evaluation criteria. Local official plans
must be consistent with the Regional Plan. Regional Staff is concerned that the
introduction of policies to provide for establishment of estate wineries outside of the
traditional commercial fruit growing areas and in locations where cultivation of an
adequate fruit crop has not been demonstrated to support an estate winery, is
tantamount to allowing an urban industrial use in the agricultural area. If this is the
case, such an approach may not be consistent with the Regional Plan or reflect the
policies of other municipalities governing estate wineries (primarily Niagara-on-the-
Lake, Lincoln and St. Catharines) or the Niagara Escarpment Plan policies regulating
estate wineries. Therefore, further information is necessary to establish that the
subject property is indeed used for agriculture and has sufficient grape crop to
support the winery use.
(b) An estate winery is to primarily use grapes/fruit produced on the farm where
the winery is located. Estate wineries are operations that produce wine primarily
from the grapes/fruit grown on the property. These differ from farm wineries which
produce wine only from grapes grown on the farm. In order to control this, most
municipalities establish a minimum size for the vineyard. The towns of Lincoln and
Niagara-on-the-Lake both have extensive official plan policies that serve to
August 16, 2004 - 4 - PD-2004-72
encourage the development of estate wineries but also to protect the agr/cultural land
base. The critical element of the policies is that the subject land has to be at least 8
hectares (20 acres) in area and the majority has to be planted and in production. It
is likely in non-traditional areas the minimum acreage for a vineyard to support an
estate winery would exceed 8 hectares.
By comparison, the applicant has 2.0 hectares (5.0 acres) of grapes planted. While
it has been stated that the grape vines will be in production next year, a recent site
inspection found the plants to be small and not anywhere near the condition of grape
vines planted within approximately the same time period on 8 hectares on the north
side of Mountain Road. More investigation is needed to know whether this
difference can be attributed to type of plant, climatic conditions, soil, tile drainage
or basic farm practices.
(c) Estate Wineries are to be secondary to an existing farm. The primary use of the
land is to be for agricultural purposes. In addition to the requirement to use fruit
primarily grown on-site and augmented by locally grown fruit, most municipalities
have policies regulating the size of operations. Often estate wineries include some
limited ancillary uses such as a hospitality/tasting room, retail outlet, restaurant and
bed and breakfast operations. Usually limitations are placed on restaurant seating
capacity, retail outlet size and the number of bed and breakfast rooms. Without such
policies, the door would essentially be left open for the establishment of an
industrial/commercial operation in an agricultural area.
The applicant has suggested the following limitations which would be consistent with
St. Catharines, Niagara-on-the-Lake and Lincoln:
· a retail floor area of 139 sq. m. (1,500 sq. ft.);
bed and breakfast accommodations to a maximum of six rooms;
· a restaurant with a maximum seating capacity of 100 seats;
a hospitality room to a maximum of 139 sq. m (1,500 sq. ft.); and
an agricultural market to a maximum of 139 sq. m (1,500 sq. ft.).
Typically these floor areas would come with an overall aggregate floor size.
(d) Site Plan Control to be used for the non-agricultural uses. As estate wineries will
be located in the agricultural area, no municipal water, sanitary or storm sewers are
available. Accordingly, water will have to be obtained through wells or trucked to
the farm. Sanitary effluent will have to be disposed ofwithin private septic systems.
Given the rate of flows from an estate winery and ancillary uses, it is likely that most,
including the subject proposal, will require approval fi-om the MOE. Stormwater will
have to be contained on-site. Estate wineries should also locate with direct and
convenient access to roads that can accommodate the anticipated traffic volumes.
Traffic impact studies may be necessary as a condition of development. Because of
the potential issues of storm water drainage and traffic, together with building and
parking location, estate wineries should be placed under site plan control.
August 16, 2004 -5 - PD-2004-72
CONCLUSION
Based on the foregoing, further deliberations are necessary to ascertain the merits of introducing
policies to permit the establishment of estate wineries in the Good General Agriculture area. The
opportunity exists to use the Public Meeting to gather additional information and to assist with the
determination of whether this application should proceed as a general amendment to the Official
Plan, or as~ specific amendment, and the goveming policies that Council will have to consider.
Pre~ared~:]/ -- Respectfully submitted:
ey _.ffht~John MacDonald
~tey - 4~-'I Chief Administrative Officer
and
Alex Herlovitch,
Deputy Director of Planning and Development
Recommended by:
~<~oug Darbyson
irector of Planning & Development
T. Ravenda
Executive Director of Corporate Services
JB:pb
Attach.
S :~PDR~2004~PD2004-72new, AM-32-04, 9441Lundy'sLn-Praxl.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
0
O
O
Amending Zoning By-law No. 79-200
N
location: 9441 Lundy's lane
s
Applicant: Willi Helmut Praxl I:NTS
AM-32/2004
~,~ ~ T- .~ · .--~- .-//~/ ..... "~'~ · ---' .....
PARKING AU~ - 8 ~
AR~ PLANNING
& DEVELOPMENT
~[ D~AIL OF D~ELOPMENT
Corporate Services Department PD-2004-66
The "" f ~ Planning & Development Doug Darbyson
(...l~y O ~r~l~ 4310 Queen Street Director
Niogoro Follsll~..~lr P.O. Box 1023
Canada ~,- Niagara Falls, ON L2E 6X5
1l~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city, niagarafaIIs.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-66, Zoning By-law Amendment Application
AM-36/2004, 6269 & 6293 Dorchester Road
Applicant: 121190 Ontario Inc.
Agent: Richard Brady, Planner
Proposed Single Detached and Apartment
Vacant Land Condominium
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment application to
permit the future development of four single-detached dwellings and an 8-unit apartment, at 6269
and 6293 Dorchester Road through the vacant land condominium process.
BACKGROUND:
121190 Ontario Inc., through its agent Richard Brady, has requested an amendment for the lands
known as 6269 and 6293 Dorchester Road, as shown on Schedule 1. The amendment is requested
to permit the lands to be developed as a future vacant land condominium containing four single-
detached units and an 8-unit apartment on a private road. Details are shown on Schedule 2.
The lands are currently zoned Residential Single Family (R1C). A site specific Residential Low
Density, Grouped Multiple Dwellings (R4) zone is requested to permit the development proposed.
History
Two previous Zoning By-law amendment applications (AM-46/2002 and AM-45/2003) were
previously denied by Council respecting proposals to develop an apartment building on the lands.
Planning staffhad previously not supported the earlier forms of development because it was believed
those projects were too dense for the area. A consent application (B03/2003/NF) to sever the
westerly 265 feet of 6293 Dorchester Road and add it to 6269 Dorchester was also denied and has
been appealed to the Ontario Municipal Board. The owner met with area residents to establish the
form of development and number of units which would satisfy the majority.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Infonmation Systems Legal · Planning & Development
I I i I
August 16, 2004 -2 - PD-2004-66
Planning Analysis
1. The proposal satisfies the Residential policies of the Official Plan.
The subject property is designated Residential in the Official Plan. Lands designated
Residential are to provide housing in a variety of forms in order that a wide range of dwelling
units are available. The proposed vacant land condominium is an infill development which
is governed by a specific policy in the Plan. Infilling is to be designed and integrated with
the surrounding land so that compatibility is achieved. Infilling is considered to be one of
the basic smart growth principles. A number of parameters are used to evaluate a
development's level of integration and compatibility.
· Density
The Plan contains a hierarchy of density guidelines for certain types of residential
development. The previous apartment proposals had densities of 57 units/ha and 48
units/ha, respectively. Staff has stated that the density criteria imply that multiple-
unit dwellings can develop at a density of approximately twice the density of the
surrounding area. This would suggest development close to 20 units/ha for this site.
The proposed vacant land condominium has a density of about 23 units/ha. If
developed at the standard R1C density, it would be 18 units/ha.
· Height Gradation
Building height will not exceed 10 metres which is the same limit established
through zoning for the adjacent R1C lands.
Building Mass and Arrangement
The site layout illustrates that the buildings are to be distributed on the lands with
detached dwellings adjacent to the south and west property lines and the apartment
adjacent to Dorchester Road. The apartment has been redesigned into a "double
quadraplex" (see redesign Schedule 3) with two floors of four units separated
horizontally and vertically. By designing the site in this manner, the apartment with
its amenity space and parking area has been separated from the surrounding lands
with the proposed singles backing onto the existing singles to the south and west.
Alternatively, if there is no other way to address concerns &the resident to the south,
the lots for detached dwellings could be reconfigured for three units (see alternative
Schedule 4).
· Setbacks and Separation Distance
With one exception, the setback from the south property line for Unit 3, the setbacks
for the singles comply with the standard R1C regulations. As noted above, the
apartment is well removed from the surrounding lands.
· Open Space and Landscaping
Sufficient open space and landscaping have been provided for amenity space, snow
storage and aesthetics. The detached dwellings have a 9 metre (30 feet) setback from
the west property line which should assist in the retention of existing trees.
August 16, 2004 -3 - PD-2004-66
2.A site specific R1C would be appropriate for this development.
The subject lands are zoned R1C. Although the applicant has applied for an R4 zone, it is
staff's opinion that the R1C zoning should be retained but modified to permit the proposal.
The following modifications will be required:
to permit the 8-unit apartment dwelling;
· to establish site specific regulations for the apartment dwelling requiring frontage
onto Dorchester Road, maximum building size, maximum building height and the
setbacks from the property lines;
· to permit the development of single-detached dwellings on lots that have frontage on
a private street rather than a public street;
· to reduce the rear yard of Units 2 and 3 to 4 metres in order to provide for a
satisfactory building envelope; and
· to increase the rear yards of Units 3, 4 and 5 to 9 metres.
By retaining the R1C zoning, the subject lands remain similarly zoned with the surrounding
lands. Each of the new lots for detached dwellings meet or exceed the lot area requirement
of 550 sq. m already established for the lands. Therefore, the singles should have similar
characteristics to the adjacent singles. The site specific regulations for the apartment will
establish appropriate setbacks to ensure that the apartment is located away from the adjacent
lands.
3. The proposal requires submission of a Vacant Land Condominium application in order
to facilitate development.
A vacant land condominium is one of several new types of ownership permitted under the
Condominium Act, 1998. This type of condominium plan allows vacant land to be divided
into "units" with exclusive or shared areas (i.e., roadways, services, open space). The vacant
land units are sold when the condominium is registered and then the dwellings can be
constructed. Through the future condominium application review, issues such as fencing,
landscaping, servicing and garbage storage and collection can be addressed.
CONCLUSION:
Based on the foregoing, it is recommended that a Zoning By-law amendment for a proposed vacant
land condominium be approved because:
· the proposal complies with the Residential policies of the Official Plan;
· the proposal achieves a density and a design that are more compatible than previous
proposals;
· the RI C zoning will be retained, though modified, to establish site specific regulations for
the development; and
August 16, 2004 -4 - PD-2004-66
specific design issues can be addressed through the Vacant Land Condominium application.
Respectfully submitted:
John llamsley ,_.~/~ohn
MacDonald
Planner 2 ~f"*~ v Chief Administrative Officer
Recommended by:
~.oug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
S:~PDR~2004XPD2004-66, AM-36~)4, 6269&6293Dorchester- 121190OntmSo.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
CLARE CRES
~ ,
Amending Zoning By-law No. 79-200
N
Location: 6269 and 6293 Dorchester Road
S
1 :NTS
Applicant: 1211990 Ontario Inc. AM-36/2004
ENTERPRISES
PROPOSE[ SINGLE FA~', ~ ~ - r~% ' ~ . ,~ , ~ . ~ ~ x / X I i
, , ..... ,,, / ~ ,~"' , ~ ,'1 I ' '~" ¥ . ~ = ,,; ,'/, ~, ~' J
~'~~og ':7 ~.' · , . ~/ ... .., . ,
. ..,, ~ ?1 -- I ~.~ .
x .......
E~;2T~G ,DINGI,~, MILY E;~S~IAt, SINGL~7 ~HMiI, Y
' j
................................... .... PART OF SIA~F'ORD rO~q~lP LOI
t
NIA~A
PLANNING AND DEVELOPMENT DEPARTMENT
~~P~/t/ The Regional Municipali~ of Niagara
3550 Schmon Parkway, P.O. Box 1042
IP,anning J
Thorold, Ontario L2V 4T7 '~ $can~ed
Telephone: 905-984-3630 ] F'~e: ~ I
Fax: 905-641-5208
E-maih plan@regional.niagara.on.ca ~" C.J,~f-~,5 PJ~,
July 22, 2004
File: D.10.M.11.23
Mr. Doug Darbyson, MCIP, RPP
Director of Planning
City of Niagara Falls
4310 Queen Street, 2nd Floor
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
Re: Zoning By-law AmendmentAM-36/2004
1211990 Ontario Inc.
6269 and 6293 Dorchester Road
City of Niagara Falls
Regional Planning Department staff has reviewed the above noted proposal to permit
the subject lands to be developed as an 8-unit apartment building and 4 single detached
units on a private road. It is intended that the ownership form be by way of plan of
condominium.
This is, at least, the third development proposal which has been submitted for approval
for this site. Previous proposals were for higher density condominium apartment
developments. These proposals met with resistance and were not approved by City
Council.
As noted in our comments regarding the previous proposals, Regional planning staff is
supportive of opportunities to increase housing densities and create an opportunity to
provide reasonable mixes of affordable housing on sites of this type. Such development
conforms to Regional and Provincial policies. Although we would have preferred that
this site provide a higher density than now proposed, Regional Planning staff has no
objection to approval of this latest zoning by-law amendment application.
It must be noted, however, that Regional Public Works has criteria regarding collection
of waste from such sites and this must be attended to the through the site plan and
condominium approval processes. Prior to preparation and submission of a site or
condominium plan, it is advisable that the applicant contact Regional Public Works and
become aware of the matters to be addressed.
If you have any questions, please do not hesitate to contact Peter Colosimo at this
office (ext.3382). IRE C El V E D'
! PLANNING
~' & DEVELOPMENT
2
Please provide us with notice of Council's decision regarding this application.
L;~. Held, MCIP,c.onsulting Planner RPP
c: Councillor W. Smeaton
Mr. John Barnsely, Planner II, City of Niagara Falls
Mr. W. Stevens, Regional Public Works
Mr. B. Peters, 1211990 Ont. Inc., Box 341, St. Davids ON, LOS 1P0
Mr. Rick Brady, 4701 St. Clair Ave, Niagara Falls, ON, L2E 3S9
cwh/ZBLA-1211990 Ont Ltd-NF
RECEIVED
JUL I
& DEVELOPMENT
I
RECEIVED-
JUL 2.7 ~
PLANNIN6
& DEVELOPMENT
August 10, 2004
Director of Plenning and Development
City Hall, 4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
Re: City File: AM-36/2004
We are located at 6918 Coach Drive which is located at the comer of Coach Drive and Dorchester Road,
located approximately 5 properties away from the proposed land. We have been homeowners in this area
for over 9 years. We have 2 children and a pool in our hackyard so our home is our oasis.
We partially oppose the proposed plan for 6269 end 6293 Dorchester Road. The prospect of 4 single
family homes on the properties is appealing but the idea of adding a 8 unit apartment building is the part
that we oppose. We have previously opposed the proposed 37 unit apartment building.
The apartment complex would make the land area overcrowded and not suitable to the surrounding areas.
The amount of traffic entering and exiting the proposed project would greatly disrupt the surrounding
homes and could cause traffic congestion and even accidents.
The homes and apartment complex would be on a "private" road which would be maintained by en
individual. What are the guarantees that this area would be maintained to the same extent that the public
roads and surrounding areas would be maintained?
The owner of the property has met once with neighbors, which I will give him credit for (although he only
met with us alter his initial project was turned down by City Council). He was hard pressed to find
neighbors to agree with his plan. He told the neighbors that this land and project was his "pension plan".
Are our homes not our pension plan or more? They are our little piece of the world, our memories for our
children, our HOMES.
Please allow the owner of this property to only build single family dwellings on this property to keep the
integrity of the neighbourhood and the privacy of the neighbors. Don't allow en apartment building that
will crowd the adjacent properties, cause traffic problems end change the style of the neighbourhood.
Yours truly, ~~~
Shelagh Lalonde ~olo~l:nl~.
6918 Coach Drive ye
Niagara Falls, Ont [ /~/Niagara Falls, Ont
L2G2JI [. ~" L2G2J1
905-357-3498 905-357-3498
I I [ I
J ~ Planning
August ]0, 2004
City Hall
4310 Queen Street
Niagara Falls, Ontario L2E 6X5
Re: City File AM-36/2~4
Dear Sir:
This letter is in reply to the Public Meeting Notice of an application to amend Zoning
Byqaw No. 79-2~ for the properties ~own as 6269 and 6293 Dorchester Road.
My views on this matter have not changed sin~ the first notice/meeting back in
J~ua~, 2003. Severing 6293 Dorchester's prope~ ~d adding it to the 6269
Dorchester to allow for Multiple Dwelling (R4) is something I do not want to see
happen. The meeting to be held on Au~st 16, 2~4 will be the fourth meeting
regarding the s~e matter.
The nei~bours have met with the owner and have voiced our concerns. We do not
want a multi unit apartment/condominium on residential pro~rty. We do not object to
the building of 3-4 sin~e family homes. A multi unit is not a~ptable. My reasons
mentioned in the past are still a ~n~rn to me. The most apparent one is the traffic
issue. Dorchester Road is a very busy road in Niagara Falls. We have been told that
this particular concern is known to ~e City and that a plan to investigate the traffic issue
will take pla~ in the future - Dorchester Road must wait its turn. With the proposed
development for "Dorchester M~or" it will only incre~e this traffic flow.
I also don't like to be given ultimatums. At the neigh~hood meeting on the pro~y
not too long ago it w~ said to us that "if we go along with this pl~ ~en I will wi~aw
my application with ~e On~'io Municipal Bo~d". This withdrawal is the application
first proposed back in February 2~3 (a 29 unit apartment building).
We realize that the owner has invested a substantial ~ount of money in the planning
stages. (He was offered an out by a sale of the property.) I do realize that he wants an
incoming "income" therefore the reason for the multi unit ap~ment. However, he
could build some beautiful homes and invest his money elsewhere - not in our
nei~bourhood.
At this neighbourhood meeting the owner said he would have another meeting to show
us the drawings for the 8 unit apartment. This has not happened. However, it really
doesn't matter. I am not interested in seeing his sketch. Just a pl~ that includes 3-4
single family dwellings.
ECEIVED
AUG 11 200
PLANNING
z nF~lFl OPMENT
Also the threat given to us by his previous planner about being forced to comply
because of government pressure does not sit well. I would hope that.the City of Niagara
Falls will understand and protect our neighbourhoods from mass development and
squeezing in as much as they can on our properties. There has to be some sort of
conformity as to how we want our properties to look and remain. We are an established
neighbourhood - not a newly developed "farmer's field". Our neighbourhood has
character and charm. We have well established vegetation (trees) and wildlife. Turning
a single family home property into a property holding 12 residents is too much. I only
hope that the City Council members agree, once more, and finally put this to bed. Do
we really have to keep coming year after year to rehash the same issue. Does the owner
think he can brow beat us until we finally give up. We will not.
I am enclosing copies of my previous letters to the Planning Department dated January
14, 2003, February 11, 2003 and April 14, 2004.
Thank you, once again, for the opportunity to voice my concerns. I will be attending the
meeting on Monday, August 16, 2004.
Sincerely,
Cheryl Slater
6243 Dorchester Road
905 354-0474
Enclosures
April 14, 2004
Director of Planning and Development
City Hall
4310 Queen Street
Niagara Falls, Ontario L2E 6X5
Re: City File AM-45/2003 - 6293 and 6269 Dorchester Road
Dear Sir/Madam:
Once again I find myself in a position in writing to the Planning Department regarding
the above property.
As I haven't changed my mind and still feel very strongly opposed to such an
application I am enclosing a copy of my letter dated February 11, 2003. This was sent
to the Director of Planning and Development at the time this proposal was first brought
to City Council.
I feel that Mr. Brady (representative for the developer) owes the City Council members
an apology for wasting their time as well as ours. At the invitation of Mr. Brady and his
client, the neighbourhood met with them to discuss this application/proposal on January
20, 2004. At that time we voiced our concerns as well as what we would agree upon for
this property. We will not tolerate an apartment building or townhouse complex as they
suggested. We would, however, not object to 3-4 single family homes being built on
the two properties.
The fact that the number of units has been reduced from 29 to 25; supposedly the units
would be sold to seniors; and the building has been moved (slightly) inward away from
the property line - it is basically the same. We questioned the "saving" of the residence
on the proposed severed property. Mr. Brady's client said "he liked that house, has
lived in the house and might still live in the house". We like our houses too. We like
our neighbourhood the way it is and wish it to remain so.
Thank you for the opportunity to voice our concerns. I will be attending the meeting on
Monday, April 19, 2004.
Sincerely,
Cheryl Slater
6243 Dorchester Road
905 354-0474
Enclosure
February 11, 2003
Director of Planning and Development
City Hall
4310 Queen Street
Niagara Falls, Ontario L2E 6X5
Dear Sir/Madam:
This letter is in reply to the Public Meeting Notice, Zoning By-Law Amendment
Application, City File AM-46/2002 that I received in the mail. I am writing to you to
inform you that I am not in favour of this application. I strongly oppose this application.
I do not want the zoning to change in order to accommodate a three-storey, 29 unit
apartment building. For that matter, I am not in favour of any apartment building being
built on the properties known as 6293 and 6269 Dorchester Road.
I have many reasons for this opposition but my main one would be traffic volume on
Dorchester Road. Quite often, the traffic is backed up to this proposed site all the way
from Lundy's Lane throughout the day. Currently, it takes us several minutes before we
can enter onto Domhester Road from our property. With safety in mind, children walk
back and forth to school as well, parents drive their children to and from school
experiencing difficulty turning onto Stokes Road.
Our property is one lot away from this proposed site and not a visible problem for us,
however, I can't imagine how violated the people with property adjacent to, or moreso,
backed onto from Brookfield will feel. Please keep in mind that my family and our
neighbours chose to live here because of the location and peacefulness that we
experience. We have a very mature, treed property with lots of wildlife - hawks,
coyotes, rabbits, possums, squirrels, song birds. We would hate to lose this to
someone's profiteering. We like our neighbourhood the way it is.
I do plan on attending the upcoming meeting on Monday, February 17, 2003 at 6:00
p.m. in the Council Chambers. If further correspondence is needed by me to squash this
application, please contact me. My telephone number is 905 354-0474.
Sincerely,
Cheryl Slater
6243 Dorchester Road
January 14th, 2003
Secretary-treasurer
Committee of Adjustment
Planning and Development
City Hall
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario L2E6X5
Dear Sir/Madam:
This letter is in reply to the Notice of Public Hearing File B03/2003/NF that I received in the mail. I am writing to
you to inform you that I strongly object to the applications with respect to this file. I do not want the applicant,
Cheryl Rosen, to be permitted partial discharge of mortgage to said lands and added to the abutting property to the
north containing 6269 Dorchester Road. As well, I strongly oppose the application for rezoning purposes
(AM-46/2002). I have many reasons for this opposition but my main one would be traffic volume on Dorchester
Road.
I do plan on attending the upcoming meeting on Tuesday, January 21, 2003 at 5:00 p.m. in Committee Room//2. If
further correspondence is needed by me to squash these two applications please contact me. My telephone number is
905 3544}474.
Sincerely,
Cheryl Slater
6243 Dorchester Road
:es
ZONING BY-LAW AMENDMENT
CITY FILE: AM-3~I200~r
We, the undersigned, oppose the re-zoning of 6269(and/6293 Dorchester Road
from Residential Sinqle Family 1C Density to Residential Apartment 5B Density
ADDRESS NAME SIGNED
~o~ ~ ~ ~ - '~ ~dks
ZONING BY-LAW AMENDMENT
CITY FILE: AM~j6~Z0~4
We, the undersigned, oppose the re-zoning of 6269(an~d)6293 Dorchester Road
from Residential Sinqle Family 1C Density to R~esidential Apartment 5B Density,
~ ADDRESS --~, NAME ~D~
Re-Zoning Aug ] 6 04
ZONING BY-LAW AMENDMENT
CITY FILE: AM-3Jl200~-
We, the undersigned, oppose the re-zoning of 6269(and~6293 Dorchester Road
from Residential Sinqle Family 1C Density to Residential Apartment 5B Density
ADDRESS NAME SIGNED
Corporate Services Department PD-2004-67
Planning & Development Doug Darbyson
T ..... ,~ 4310 Queen Street Director
ne ~..I/y eT ~'J~l~. P.O. Box 1023
Niogoro F(311s~,,~ii~ Niagara Fails, ON L2E 6X5
CClnGdG~=~~' web site: www.city.niagarafalls.on.ca
,~11~~~' I ~ Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-67, Zoning By-law Amendment Application
AM-34/2004, 5830 Stanley Avenue
Applicant: Feliciano Pingne
Request to Add a Tattoo Studio as a Permitted Use
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law amendment application to add a tattoo
studio as a use on the subject lands.
BACKGROUND:
Feliciano Pingue has requested an amendment to thc Zoning By-law for the land known as 5830
Stanley Avenue, as shown on Schedule 1. The amendment is requested to permit a tattoo studio on
the ground floor of the existing building, as shown on Schedule 2.
The lands are zoned Tourist Commercial (TC). A site specific amendment to the zoning is requested
to add a tattoo studio as a permitted use. The building, which includes ground floor commercial and
a second floor residential unit, is not being modified. It appears the studio has been opened without
permission from the City.
Surrounding Uses
The property is entirely surrounded by tourist commemial uses, including motels and restaurants.
Circulation Comments
· Regional Municipality ofNiagara The proposed use does not offend any
Regional or Provincial policies. Should a site
plan be required, Regional Public Works
review will be necessary.
Municipal Works There are adequate services and sidewalks to
service the development.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems · Legal Planning & Development
August16,2004 -2- PD-2004-67
A 7 metre by 7 metre (23 foot by 23 foot)
daylight triangle is requested to be dedicated
at the southeast comer of Spring Street and
Stanley Avenue.
The current gravel parking area to the north of
the building, along Spring Street, is not
supported by Municipal Works. The curbing
along Spring Street was removed without
permission from Municipal Works. It
requested that the applicant restore this
curbing to municipal standards.
· Parks, Recreation & Culture No objections.
· Building Services Owner to contact Building Services for all
requirements for renovations to the existing
building.
· City Clerk Owner to obtain a business license from the
City Clerk.
Planning Analysis
1. The establishment of a tattoo studio on Tourist Commercial lands does not offend the
Official Plan.
The land is designated Tourist Commercial in the Official Plan and is located within the
Clifton Hill subdistrict. This subdistrict is intended to be the commercial and entertainment
centre of the Central Tourist Area and a wide range of commercial and entertainment related
uses are anticipated. Uses to the west of Victoria Avenue are to have an appropriate transition
and relationship with adjacent residential and institutional uses.
The tattoo studio is of a small scale and adds variety to the uses contemplated for the Clifton
Hill subdistrict. A tattoo studio has recentlybeen approved in the tourist area at the northwest
comer of Fallsview Avenue and Robinson Street and does not appear to have caused any
significant negative impacts. Another tattoo studio is located in the area on Victoria Avenue.
The proposed studio is a small-scale commercial use with a residential unit that provides an
appropriate transition to nearby non-commercial areas.
2. The requested amendment is appropriate.
This property has historically been used for mixed use commemial/residential development.
The applicant has requested a site specific amendment to the Tourist Commercial zoning of
the subject property to add a tattoo studio as a permitted use. No changes are proposed to the
floor areas. The tattoo studio will have no greater impact on the use of the land than the other
commercial uses already permitted. To help foster a pleasing streetscape which is in keeping
with the Streetscape Masterplan, landscaping should be required in the by-law along the entire
frontage on Stanley Avenue and along the north side of the building. The owner is requested
to introduce grass/decorative pavers and trees/plantings in these landscape strips.
August 16, 2004 - 3 - PD-2004-67
The current provision of parking on the property is considered legal non-conforming. The
graveled area behind the building accommodates two functional parking spaces (although less
than ideal since they must back onto the street) with a parking space for the residential use
provided in tandem. The owner could use the property for a retail use without having to
provide more parking. The tattoo studio and residential unit would require four spaces;
however, the requested use will not increase the usability of this property and therefore should
not increase impacts. The amending by-law will require a minimum of two parking spaces for
the commercial use and one tandem space for the residential unit.
3. Site Plan Control is not applicable.
As the usability of this building is not being increased, site plan control does not apply.
Municipal Works have requested a daylight triangle dedication; since this is obtained through
a site plan agreement, it is not being pursued at this time.
In addition, Municipal Works has raised concerns about parking along the north side of the
building. The street curbing has been removed in this location, without permission from the
City. Although it appears this work was not done by the current owner, this parking could
cause operational and safety concerns for traffic on Spring Street. The owner should work with
the City to restore this curbing.
CONCLUSION:
The requested Zoning By-law amendment can be supported for thc following reasons:
A tattoo studio would be in keeping with uses contemplated by the Official Plan for the Clifton
Hill subdistrict;
The tattoo studio would be located in a mixed use building that represents a transition to
nearby residential uses;
The proposed amendment is appropriate; and
· The usability of the building is not being increased and therefore should not increase impacts
on the current parking situation.
Prepared by:
Andrew Bryce ~ T. Ravenda
Planner 2 Executive Director of Corporate Services
Recommended by: ~~mitted:
/~oug Darbyson
MacDonald
L) Director of Planning & Development ~ Chief Administrative Officer
AB:gd
Attach.
S:~PDRX,2004~PD2004-67, AM-34-04, 5830 Stanley-Pingue.wpd
SCHEDULE 1
LOCATION MAP
Subject Land ~
SPRING ST
SPRING ST ~1
FERRY ST
Amending Zoning By-law No. 79-200
N
Location: 5830 Stanley Avenue w~ E
s
Applicant: Feliciano Pingue ~:~TS
AM-34/2004
SCHEDULE 2
STANLEY AVENUE I~ ~.- ,~'* -~. ~"~ REGIONAL ROAD NO. 102
;
-., ,Jill J~g ~ ~ ~ ~1~
t11~ I. L ~ . 4 :1~ = - '
?o . ~o ~ m o
,, .................. .. ' !' ~o~[o .
~rs. ~.~ ~]~)i~ RECEIVED
~llg flg ?l~fl~
5129 MoRae Street. Niagara Falls. Onta o, Ca~ta~&
/ ' ~ : 5 & DEVELOPMENT
, -RECEIVED
KINGS INN MOTOR LODGE (NIAGARA) LTD. AUG 0 6 200q
5525 Ferry Street P LA N N I N G
NIAGARA FALLS, ON L2G 1S3 & DEVELOPMENT
Planning
(905) 356.1233 I ~'
August 5, 2004 [.File: ~ot~j/Af
Mr. Doug Darbyson
Director of Planning Department
City of Niagara Falls
4310 Queen Street
NIAGARA FALLS, ON
L2E 6X5
Dear Mr. Darbyson:
RE: CITY FILE AM.34/2004
We are strongly against the "TATTOO STUDIO" at 5830 Stanley Avenue (Niagara Falls), which
is already opened for the following reasons:
1) City of Niagara Falls Streetscape Master Plan for Stanley Avenue designated to be the
International Boulevard as one of the main entrances to our city.
Stanley Avenue: Entry Comdor, page 8, 4.3 Clifton Hill District Sections.
* Shows pedestrian realm of 3.5 m on both sides of street.
Parking area guidelines for Stanley Avenue call for 6 m buffer - 3 m buffer or 2.1 m buffer.
File AM.34/2004 DOES NOT COMPLY.
2) Instead ora lovely streetscape on Stanley Avenue, we have too many b/Il boards, some not
suitable, nothing like the beautiful streetscape on Stanley Avenue in the FallsView area of
our new Casino which has fewer billboards.
3) Kings Inn has the approval from the Planning Department to build a 6 (s/x) storey hotel
addition which will be an asset to the area, but a Tattoo Studio in an old house is not. If you
pass it you will be stuck with it for a very long time.
Yours truly,
KING,S 1NN MOTOR LODGE CNIAGARA) LTD.
Charles E. Zarafonitis
President
Corporate Services Department PD-2004-65
. ~-l. Planning & Development Doug Darbyson
The City of jr~'l~ll¢ 4310 Queen Street
D~rector
Niagara FalJsJJ~.~lj, P.O. Box 1023
~,m~.,~, Niagara Falls, ON L2E 6X5
Canada --- w '
~TI~ eD site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354.
E-mail: planning@city.niagarafalls.on,ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-65, Zoning By-law Amendment Application
AM-33/2004, 5205 Fourth Avenue
Applicant: Margaret Elizabeth Pinter
Proposed Martial Arts School and Residential Unit
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law amendment application to permit a
martial arts school on the subject lands subject to the standards discussed in this report.
BACKGROUND:
Margaret Elizabeth Pinter has requested an amendment to the Zoning By-law for a former place of
worship at 5205 Fourth Avenue, as shown on Schedule 1. The amendment is requested to permit
the existing building on the property to be used as a martial arts school on the lower level of the
former place of worship. The applicant anticipates approximately 15 students in a class. The upper
level would be used as a dwelling unit (permitted by the current zoning). Schedule 2 shows the siting
of the existing building.
The lands are zoned Residential Single Family and Two Family (R2). A site specific amendment
to the zoning is requested to add a martial arts school as a permitted use.
Surrounding Uses
The property is surrounded by largely single detached dwellings, with the Eventide Nursing Home
and a variety store immediately to the east.
Circulation Comments
· Regional Municipality of Niagara The proposal appears to conform to
Regional and Provincial policies.
Sites like this one are good candidates
for Smart Growth initiatives.
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems · Legal Planning & Development
August 16, 2004 - 2 - PD~2004-65
Consideration should be given to
possible impacts on the surrounding
uses and implementing commercial
zoning.
· Municipal Works Adequate services exist to service the
property.
Should the development be subject to
site plan control, a 0.9 metre (3 foot)
wide road widening will be requested
along the entire fi'ontage of Fourth
Avenue. In addition, a 4.5 metre by
4.5 metre (15 foot by 15 foot)daylight
triangle will be requested on the
property at the comer of Fourth
Avenue and McRae Street.
· Building and By-law Services Owner to contact Building Division
for all requirements for renovations to
the existing building. All required
permits to be obtained prior to
commencement of construction.
· Parks, Recreation & Culture No objections
Legal Services An encroachment agreement should
be executed for the parking spots
within the McRae Street right-of-way.
The owner should contact Legal
Services division for details.
Planning Review
1. The proposal complies with the intent and the purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. The predominant land use
in the Residential designation is single detached dwellings. A range of ancillary uses
including schools, churches and recreational and community facilities are also permitted.
These ancillary uses are generally to be located on major collector or arterial roads if they
generate significant traffic.
The proposal conforms with the Official Plan as follows:
· The former use would have accommodated 90 - 100 people for worship services or
social events based on the parking available. With about 15 people in a class at a
time, the intensity of the use of the building would decrease. Impacts on the
surrounding neighbourhood should not increase.
August 16, 2004 PD-2004-65
· The site is located at the intersection of two collector roads that should be capable of
handling traffic flows without significant impacts on the community.
No significant changes are proposed to the exterior of the building or the site,
maintaining its compatibility with the surrounding area.
· The school would complement the mix of residential, institutional and small-scale
commercial uses that exist in the area.
A building that complements the heritage of the community will be maintained.
2. The requested amendment is appropriate.
The property is currently zoned R2. This zoning permits single detached, semi-detached and
duplex dwellings and home occupations. Existing places of worship are recognized as legal
uses. The applicant proposes to establish one residential unit on the upper floor (sanctuary)
for personal use. The residential use is currently permitted. The addition of a martial arts
school is similar to the type of use the church would have conducted in the lower level of the
building (i.e., Sunday school classes, assemblies and social gatherings). The use would be
compatible with the nursing home (Eventide) and the small retail store across the street. The
balance of the area is a mix of detached dwellings and detached dwellings convened to
apartments. To ensure the future use is compatible with the surrounding residential area, site
specific regulations are proposed to be added to the R2 zone to permit the proposed uses as
opposed to zoning the site commercial or institutional.
In order to avoid operational limitations in the event the martial arts school is not successful,
the proposed zoning would provide sufficient flexibility to permit one martial arts school or
a similar use such as a dance or calisthenics or artist's studio. However, the zoning would
cap the floor area of the school to what is currently proposed (363 sq. m/3,910 sq. ft. on the
lower level) to minimize any impact on the residential neighbourhood.
According to current parking standards, the proposed use of this building would require 15
parking spaces based on the one residential unit and the floor area of the lower level.
Fourteen spaces, conforming to zoning standards, can be provided on the site in the existing
parking lot. Four more spaces exist, however, these extend onto the McRae Street right-of-
way. Legal Services has asked that these be subject to an encroachment agreement. To
preserve existing landscaping, staff recommends that 14 spaces be required for uses on this
site, as a minor decrease in parking from 15 to 14 spaces should not impact on the
surrounding residential area. The existing landscaped area north of the existing building and
the landscaping east of the parking lot should also be recognized in the by-law.
3. Site Plan Control is not applicable.
As the usability of this building is not being significantly increased, site plan control would
not apply. No significant site works are being proposed. Municipal Works has requested a
road widening and a daylight triangle dedication; since this is obtained through a site plan
agreement, it is not being pursued at this time.
August 16, 2004 - 4 - PD-2004-65
CONCLUSION:
The requested amendment can be supported for the following reasons.
· The use would comply with Official Plan policies regarding ancillary uses in residential
areas.
Maintaining the existing building and site conditions will ensure the use is compatible with
and will complement the character of the surrounding residential community.
· The zoning by-law will control the size of the school, the required parking and will maintain
existing landscaping in order to minimize any possible impact..
Prepared by: Respectfully submitted:
Andrew Bryce ~___~,"'~ John MacDonald
Planner 2 xv Chief Administrative Officer
Recommended by:
Darbyson
tor of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AB:gd
Attach.
S 5PDR~2004~PD2004-65, AM-334)4, 5205 Fourth-Pinter.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
~ MCR/~ ST
Amending Zoning By-law No. 79-200
N
Location: 5205 Fourth Avenue ~
W E
S
Applicant: Margaret Elizabeth Pinter ~:~s
AM-33/2004
SCHEDULE 2
ROSE-DALE DRIVE
I LOT 88
~ 0
I
~ .~ I LOT 87
~ LOT 86
,~ .~ LOT 85
'-- ~ 190.75'
~ LAN 310 ~ ~ ~
N8~2~'~5~ ~
~.1 ~1 I '~ ~" ' ~''
I PLA~I I ~0~
Me~ ~ ~ ST~ET
NIA~'~A
qfl~! PLA NNING A ND DEVEL OPMEN T DEPA R TMEN T, '
The Regional Municipali~ of Niagara
8~n~uPlannlng ~
3550 Schmon Parkway, P.O. Box 1042 ~
Thorold, Ontario L2V 4T7 I File' ~-ON ) ~ ~ ~
Telephone: 905-984-3630 . __..
Fax: 905-641-5208
E-mail: plan~regional.niagara.on.ca ~/~ ~ ~
July 21, 2004
File: D.10.M.11.23
Mr. Andrew B~ce
Planner II
City of Niagara Falls
4310 Queen St., 2"d Floor
Niagara Falls, ON L2E 6X5
Dear Mr. B~ce:
Re: Zoning By-law Amendment AM-33/2004
Margaret Elizabeth Pinter
5205 Fou~h Avenue
City of Niagara Fa s
Regional Planning Staff is in receipt of your le~er dated July 6, 2004 requesting cOmments on
the above noted appli~tion. The appli~nt is proposing a site specific R2 zone in order to
permit a madial ads school and residence in a former church building. The madial ads school is
to occupy the bosom floor and the dwelling unit, the top floor.
The subject lands are within an urban area according to the Regional Policy Plan and the
proposal does not appear to offend any specific Provincial or Regional policies. The lands also
are within a designated residential area according to the Niagara Falls Official Plan and are
zoned R2 in Zoning By-law 79-200.
Regional Planning note that Site Plan Approval is required. That is an indication that the prima~
use is to be commercial in nature. Also, the prelimina~ plan of the upper storey does not
indicate the layout of any residential living quade~. We do not wish to belabour the point;
however, perhaps, commercial zoning would be more indi~tive of the use intended.
Regional Planning staff's review also reveals that the City should address matters related to
land use compatibility. Bemuse the surrounding area is predominately residential in nature, the
Ci~ may wish to consider possible impacts of the proposed predominant commercial use on the
surrounding uses.
For future ~nsideration, we note that sites such as this are o~en good candidates for Smad
Gro~h and residential intensifi~tion initiatives.
If this application is approved, the Regional Planning Depadment and Public Works Depadment
request an oppodunity to comment prior to approval of any such plan.
Please provide us with a copy of Council's decision regarding this proposal.
Your~~__ ~/ RECEIVED
JUL .2 ? 200
PLANNING
Con~ltin9 Planner & DEVELOPMENt_
c: Councillor W. Smeaton, City of Niagara Falls
Mr. D. Darbyson. Director of Planning, City of Niagara Falls
Mr. W. Stevens, Regional Public Works
ch/Pinter-martial ads-NF
Corporate Services Department PD-2004-74
Planning & Development Doug Darbyson
The City of ~,a 4310 Queen Street
Director
Niagara Fallsy~l~==- P.O. Box 1023
CQn~W, Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
~1~~-!--' Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-74, Zoning By-law Amendment Application
AM-35/2004, 4403 Morrison Street and
4781 & 4785 Ontario Avenue
Applicant: Eric Leatherbarrow
Agent: Allan Heywood, Surveyor
Recognition of Existing Dwellings
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment for 4403 Mordson
Street and 4781 & 4785 Ontario Avenue to recognize the existing dwellings on each parcel under
the current Residential Apartment 5F Density (R5F) zone.
BACKGROUND:
Eric Leatherbarrow, through his agent Allan Heywood, has requested a zoning amendment for two
parcels of land shown as Parcel 1 and Parcel 2 on Schedule 1. Parcel 1 is known as 4403 Morfison
Street and Parcel 2 as 4761 and 4785 Ontario Avenue. The amendment is requested to permit the
two existing dwellings on the lots that were recently approved by the Committee of Adjustment
(B32/2004/NF). Details are shown on Schedule 2.
The subject properties are zoned Residential Apartment 5F Density (R5F). The Zoning By-law only
permits single-detached dwellings on lots that were created prior to the date of the passing of the
Zoning By-law. As the subject properties were merged on title and then recently approved by
consent, site specific provisions are requested to the R5F zoning to permit the existing two-unit
dwelling on Parcel 1 and the existing three-unit dwelling on Parcel 2 to continue.
Site Description and Surrounding Land Uses
Further investigation of the subject lands has revealed that Part 1 is occupied by a two-unit dwelling,
with Part 2 being occupied by a three-unit dwelling.
Lands to the north, south and west are mixed residential land uses with singles, small multi-unit
buildings and apartments. To the east is the police station.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
August t6, 2004 - 2 - PD-2004-74
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
thc public for comments. Municipal Works has commented that a daylight triangle is to bc dedicated
as a condition of thc associated severance application.
Planning Review
The subject properties, together with the lands to the north, south and west, are designated
Residential in the Official Plan and are zoned R5F. Thus, the long-term intent is to have these lands
develop as high density residential in the form of apartments. The separation of Parcels 1 and 2 by
consent and the recognition of the existing dwellings by this application will serve to further
entrench these uses. However, given the mix of lot sizes in this area, a significant amount of
property assemblage will have to occur in order to develop this area as intended by the Official Plan
and Zoning By-law. This will take some time to be achieved.
The amending by-law will retain the current R5F zoning on each property thereby allowing future
redevelopment as intended by the Official Plan and Zoning By-law. Site specific provisions are
requested to be added to the R5F zoning to recognize the existing buildings and the existing frontage
and setback characteristics.
Given this, and the stability of the surrounding existing residential land uses, the application to
recognize the existing buildings is reasonable and should not serve as an impediment to further
redevelopment.
CONCLUSION:
Based on the foregoing, the requested amendment can be recommended for approval because the
amendment will recognize the existing buildings only under the current R5F zoning and should not
impede further development of the lands as envisaged by the Official Plan and Zoning By-law.
~ Resp~tted:
Jc°l~]'h~ef Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
T. Ravenda
Executive Director of Corporate Services
JB:gd
Attach.
SSPDRk2004XPD2004-74, AM~35-04, 4403 Momson-4781&4785Ontario-Leatherbarcow.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
MORRISON STREET
Amending Zoning By-law No. 79-200
N
Location: 4403 Morrison Street ~
W E
S
Applicant: Eric Leatherbarrow I:NTS
AM-35/2004
Note: This sketch ia NOT ~ Plan of Survey.
SKETCH FOR LAND DIVISION PURPOSES ONLY
PART Or LOTS g & 10, BLOCK "N"
PLAN 999 & 1000
J Oily of Niagara Falls
~ E ..~ REGIONAL MUNICIPALITY OF NIAGARA
---~ ~ ~ ~
~ ~ ~mSsq. t~ City 0f Niagara Falls
~ _~[ SE CO~D TO M~RES BY UUtnPk~UO BY 0 3048
tI '~ ~ ~ .I I ~
~O~ON ~ ~,~,~ RECEIVED CmERON, H D,KERRYT, Ho S vmEGLm, J
JUN 2 9 ~ ~-~1,. ~ ~.~ ~ ~)~-~
-RECEIVED .'
__ JUL Z I ~ - ,?~ Za-/ ~~ ~.~/
& DEVELOPMENT
__/,~ ~o_3__. ~- ~ ~TF/
Corporate Services Department PD-2004-68
· . .~,~,~ Planning & Development Doug Darbyson
The C~ty oT jr~lf 4310 Queen Street
Director
Niagara Falls Ilk P.O. Box 1023
Canada ~~' Niagara Fails, ON L2E 6X5
~T~[ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-68, Zoning By-law Amendment Application
AM-21/2004, 5640 & 5700 Stanley Avenue
& 5651, 5653 & 5659 Buchanan Avenue
Applicant: Carmen Grisafi (TAGC Holdings)
Proposed Holding Zone Provision
RECOMMENDATION:
It is recommended that:
1 ) Council pass the revised amending by-law on tonight's agenda to permit a hotel development
on the above noted lands with the lifting of a holding provision; and
2) Council determine by resolution that the use of a holding provision is a minor change to the
by-law and does not require further notice to be given.
BACKGROUND:
On June 14, 2004, Council gave conditional approval to a Zoning By-law amendment application
to permit a 6-storey hotel development on the lands known as 5640 and 5700 Stanley Avenue and
5651, 5653 and 5659 Buchanan Avenue, as shown on Schedule 1. Council's approval requires a
Record of Site Condition to be completed by the applicant and approved by the Ministry of the
Environment prior to the passage of the amending by-law.
The applicant's environmental consultant has indicated that a considerable amount of time has passed
since the environmental investigations for this site were completed in 1999. In order to comply with
Council's condition, the physical investigations would have to be redone. However, proposed
changes to Ontario Regulation No. 153/04 are to come into force on October 1, 2004 which will
allow the consultant to submit the already completed Record of Site Condition to fulfill the above
noted condition without further testing. The applicant has requested that the amending by-law be
adopted at this time on the condition that a Record of Site Condition be submitted after October 1,
2004.
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal · Planning & Development
August 16, 2004 - 2 - PD-2004-68
To process this request, it is recommended the by-law be adopted at this time with the inclusion of
a holding provision which can be lifted once the Record of Site Condition has be approved. As soon
as Council lifts a holding provision, the project can proceed without an appeal. This method appears
to be the best way to deal with the environmental condition without putting undue hardship on the
applicant. As this method does not substantially alter Council's intent, no further public meeting is
necessary. However, Council must determine by resolution that the proposed use of a holding
provision is minor and that no further notice is necessary.
CONCLUSION:
The revised amending by-law on tonight's agenda with a holding zone provision will address the
applicant's desire to have the necessary by-law amendment approved while ensuring Provincial
environmental regulations are met. Because the changes to the by-law are considered minor, staff
believes that no further notice is necessary and recommends that Council pass the amending by-law.
Prepared by: Respectfully submitted:
Andrew Bryce ,.J. fy'- John MacDonald
Planner 2 ~'" Chief Administrative Officer
Recommended by:
e~2fo u g Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AB:pb
Attach.
S:XPDRk2004kPD2004-68, AM-21-04, 5700 Stanley-TAGC.wpd
SCHEDULE 1
LOCATION MAP ~
Subject Land
Amending Zoning By-law No. 79-200
Location: 5640 and 5700 Stanley Avenue
5651, 5653 and 5659 Buchanan Avenue
Applicant: Carmen Grisafi c/o TAGC Holdings I:NTS
AM-21/2004
The City of Niagara Falls, Ontario
Council Chambers
No. August 16, 2004
Moved by Alderman
Seconded by Alderman
THEREFORE BE IT RESOLVED THAT the Council o£th¢ Corporation o£the City of Niagara
Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the
change to the proposed zoning by-law for application AM-21/2004 (Carmen Grisafi (TAGC
Holdings) regarding a proposed 6-storey hotel at 5640 & 5700 Stanley Avenue and 5651, 5653 &
5659 Buchanan Avenue) is minor in nature and does not require any further notice.
AND The Seal of the Corporation be hereto affixed.
DEAN IOREIDA R.T. (TED) SALCI
CITY CLERK MAYOR
Corporate Services Department
The City of Planning & Development Doug Darbyson
4310 Queen Street Director
NiQgQrQ FQII P.O. Box 1023
CQRQdO Niagara Falls, ON L2E 6X5 PD-2004-75
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PI)-2004-75, Implementation Report
Fernwood Draft Plan of Subdivision 26T-11-2004-03 (Revised)
Official Plan & Zoning By-law Amendment Application AM-23/2003
Zoning By-law Amendment Application AM-17/2004
Owner: 800460 Ontario Limited
RECOMMENDATION:
In order to implement Council's decision of July 26, 2004 to approve Plan "C" Modified, it is
recommended that:
1) the applications to amend the Official Plan and Zoning By4aw be approved and Council pass
the by-laws included in tonight's agenda;
2) the Fernwood Plan "C" Modified Subdivision be draft approved subject to the conditions in
the attached Appendix;
3) 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;
4) 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
5) Council authorize the execution of a future agreement between the City and Canadian
National Railway (CN) with respect to land abutting the railway right-of-way that is to be
conveyed by the developer to the City in order to secure the construction and maintenance
of required mitigation measures and payment of CN's reasonable costs in preparing and
negotiating the agreement.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
August16,2004 -2- PD-2004-75
BACKGROUND:
Council Direction
On July 26, 2004, Council conducted a public meeting under the Planning Act for a Zoning By-law
amendment application for the Femwood subdivision and also considered Official Plan policies and
a draft plan of subdivision on the subject land. The overall property is located on the west side of
Garner Road, north of Lundy's Lane and the CN Railway line, and east of Beechwood Road as
shown on Schedule 1. The protection of the woodlot on the site was the main issue of discussion
at the meeting. Despite the Planning staff report (PD-2004-64) and the comments and concerns of
the Region's Planning and Development Department, Ministry of Natural Resources, Ministry of
Municipal Affairs and Housing, and many members of the public, Council passed the motion that:
"Council approve Modified Plan "C" and that staff prepare a report and required documents to
implement this decision with respect to Official Plan policies, draft plan of subdivision conditions
and zoning by-law amendments". This report responds to the direction of Council.
Official Plan Amendment
Schedule 2 illustrates the land use designations proposed by the applicant for the land. The
stormwater corridor at the south limit of the site is shown as Environmental Protection Area while
the balance of the land is designated Residential. The special policy wording for the amendment
prepared by the applicant states that: "any plan of subdivision that is approved for the area include
protection of a reasonable portion of the northern woodlot to be held in private or public ownership
or a combination of both forms of ownership".
Draft Plan of Subdivision
The developer submitted the draft plan for Femwood Plan "C" Modified last week and the layout
is shown on Schedule 3. The plan is 18.517 hectares (45.76 acres) in area and consists of 88 single-
detached lots as well as blocks for stormwater management/trail (6.377 hectares/15.76 acres),
parkland/woodlot (2.024 hectares/5.0 acres) and active parkland (1036 square metres/0.25 acres).
The balance of the applicant's land to the west (22.265 hectares/55.01 acres) will be subject to future
subdivision and rezoning applications. The draft plan includes a portion of the current woodlot as
dedication to the City while most of the woodlot is to be developed with a roadway and large lots.
Conservation easements are intended to protect treed areas at the rear of certain lots and 30.48 metres
(100 feet) of parkland/playground access along Hendershot Boulevard is provided adjoining the
stormwater/berm/trail area. The conditions of approval from City Divisions to implement the
Council decision, and those conditions received from circulated public bodies, are included in the
attached Appendix. A condition requested by Bell Canada regarding underground servicing is
unnecessary from a staff perspective and is not included.
The Region has submitted a letter (see Council agenda) stating that conditions of draft approval
cannot be recommendcd until matters of Regional and Provincial interest are addressed after the tree
cutting issue is resolved. The Regional Planning Department reiterates their issues with the proposed
development of the land as the applications do not address Regional and Provincial planning
concerns, and in particular, woodlot protection. The Region notes that as part of the delegated
approval authority for subdivision plans, the City agreed to recognize Regional comments and
conditions. Therefore, the Region requests deferral of any further decisions on the applications.
August 16, 2004 - 3 - PD-2004-75
The developer's solicitor has requested that the City impose a set of additional conditions in the
absence of formal Regional Planning conditions for subdivision approval (see letter in the agenda).
The solicitor's position is that these conditions are usually applied to subdivision proposals. Staff
would not normally include conditions to be cleared by outside agencies without their concurrence.
The inclusion of the additional conditions requested by the developer is at the discretion of Council
as the approval authority.
Zoning By-law Amendments
The attached Schedule 4 generally indicates the proposed zone categories and boundaries on the
overall site. The zone categories and provisions are as requested by the applicant. The Residential
Single Family lA Density (R1A) zone is applied to 17 large lots in the current woodlot area with
special standards for reduced building coverage (30%) and increased rear yard setbacks (17.5
metres/57.4 feet) that incorporate the proposed conservation easement areas. The R1E zone applies
to the balance of the residential lots and similarly provides increased rear yard setbacks (12.5
metres/41.0 feet) for lots containing conservation easement areas. The Hazard Land (HL) zone is
proposed for the stormwater management/CN safety berm/recreational trail corridor. The portion
of the woodlot to be dedicated to the Cityis to be zoned Environmental Protection Area (EPA). The
zoning for the land for future residential development in the west section of the overall property is
to be changed to Development Holding (DH) fi.om the existing Transportation-Distribution Industrial
(TDI) category as an interim measure pending further applications.
CONCLUSION:
As directed by Council, this report provides conditions of draft plan approval identified by staff and
agencies for Plan "C" Modified, and the by-laws included in the agenda (the zoning by-law is a
handout) will adopt amendments requested by the applicant to the Official Plan and Zoning By-law.
A separate recommendation is included to address CN Railway requirements for the City to enter
into an agreement to maintain and assume liability for a safetyberm, noise fence and security fencing
on land to be dedicated the City.
Prepared by: Approved by:
Richard Wilson Tony Ravenda
Plarmer 2 Executive Director of Corporate Services
Recomtnended by: Respectfully submitted:
~oug Darbyson .~V~John MacDonald
Director of Planning & Development lo' Chief Administrative Officer
RW:tc
Attach.
FILE: S:~PDRX2004~PD2004-75, Implementation, Fernwood Subdivision.wpd
August 16, 2004 -4 - PD-2004-75
APPENDIX
Conditions for Draft Plan Approval
1. Approval applies to the Fcmwood Plan "C" Modified Draft Plan of Subdivision prepared by
Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated July 29, 2004, showing
88 lots for single-detached dwellings, Block 89 for stormwater management, Block 92 for
parkland (woodlot), Block 96 for active parkland and conservation easement areas.
2. The developer enter into a registered Subdivision Agreement with the City to satisfy all
requirements, financial and otherwise, related to thc 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.
3. 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.
4. The subdivision be designed and constructed in accordance with City standards which, in part,
includes the following:
a) roadway pavement widths to municipal requirements;
b) dedication of the road allowances to the City as public highway and the streets named to
the City's satisfaction;
c) dedication of a 3.05 metre (10 foot) road widening to the City along the west side of
Garner Road (Block 93);
d) provision of water distribution, sanitary sewer and storm sewer systems including a maj or
and minor storm sewer design concept;
e) weeping tile flow to be directed to the storm sewer by usc of sump pumps;
f) provision of an overland stormwater flow route; and
g) application of the City's Lot Grading and Drainage Policy.
5. The developer dedicate Block 89 to the City for stormwater management.
6. The developer undertake, at their expense, a comprehensive traffic impact study (including a
traffic, transportation and safety component) for the full buildout of the concept plan
development. The developer's consultant shall contact the Municipal Works Division - Traffic
& Parking Services prior to comxnencing the study to determine the study area and scope.
7. The developer construct a temporary turning area at the southwest limit of Hendershot
Boulevard to the satisfaction of Municipal Works and Fire Services to be maintained until the
development of the abutting land.
8. The developer construct 1.5 metre wide sidewalks on both sides of Hendershot Boulevard, the
west side of Garner Road abutting Lots 19, 20 & 66 and Block 89, the easterly side of Tapestry
Court (Lots 27 to 30) and the south and east sides of Tanglewood Drive.
9. The developer dedicate 0.3 metres (1 foot) reserves to the City at the southwest limit of
Hendershot Boulevard (Block 91 and on the northerly side of the road allowance abutting Lot
65), and also along the west limit of Garner Road including daylighting triangles (Blocks 90,
94 & 95) to preclude direct access to this roadway.
August 16, 2004 - 5 - PD-2004-75
10. The developer pay thc Development Charges in force at the time of execution of the
Subdivision Agreement.
11. The developer grant the City and Public Utilities any easements required to service the
subdivision.
12. The developer dedicate Blocks 92 & 96 to the City in satisfaction of parkland dedication
requirements for all of the developer's landholdings in the subdivision plan and concept plan
(total area 40.782 hectares/100.77 acres).
13. The developer locate the proposed stormwater channel and micro pools within Block 89 as
close as possible to the CN safety berm in accordance with the Department of Fisheries and
Oceans authorization to enable the construction of a recreational trail within this area.
14. The developer submit a landscape and fencing plan for the review and approval of the Director
of Parks, Recreation & Culture illustrating the streetscape treatment along Garner Road.
15. The developer register conservation easements on title, to the City's satisfaction, prohibiting
development such as the placement of structures, pools, fencing and storage of material on those
portions of lots indicated on the draft plan as "proposed conservation easement".
16. The developer provide boulevard trees in accordance with City policy.
17. The developer receive final approval from the Region of Niagara for the required amendment
to the City of Niagara Falls Official Plan to permit the residential development of the land.
18. The developer receive final approval fi:om the City to the zoning by-law amendment to provide
land use regulations to guide the development of the subdivision.
19. The developer provide three calculated plans and a letter prepared by an Ontario Land Surveyor
to Planning & Development confirming that all lots comply with the Zoning By-law.
20. The developer provide five copies of the pre-registration plan to Planning & Development and
a letter stating how all the conditions imposed have been or are to be fulfilled.
21. The developer prepare detailed sedimentation and erosion control plans for the review and
approval of the Niagara Peninsula Conservation Authority (NPCA). All sediment and erosion
control measures shall be maintained in good condition for the duration of construction nntil
all disturbed surfaces have been stabilized. Muddy water shall not be allowed to leave the site
or enter the adjacent tributary.
22. The developer submit detailed lot grading, servicing and drainage plans, noting both existing
and proposed grades and the means whereby overland flows will be accommodated across the
site, to the NPCA for review and approval. The NPCA also requires that a detailed engineering
report be prepared and submitted for review which provides adequate calculations to determine
if the proposed Stormwater Management Block (Block 89) has been adequately sized.
23. Prior to approval of the final plan, the developer submit to the NPCA a detailed stormwater
management plan for the development completed by a qualified engineer and prepared in
accordance with the MOEE Stormwater Management Practices, Planning and Design Manual,
June 1994.
August 16, 2004 - 6 - PD-2004-75
24. Block 89 be placed in an appropriate zone category to recognize the stormwater management
facility and the relocated watemourse with associated buffer and landscaping.
25. The developer obtain the required permits from the NPCA for the proposed watercourse
realignment (pursuant to the NPCA's Fill, Construction and Alteration to Waterways
Regulation).
26. Upon completion of the project, the design engineer shall certify that all grading, storm sewers,
and stormwater management controls have been constructed in general conformity to the
approved drawing. Copies of the certification shall be circulated to the NPCA.
27. The watercourse realignment be constructed in accordance with the design approved as part of
Department of Fisheries and Oceans Letter of Authorization No. BU-02-3766 dated October
27, 2003.
28. A monitoring program be prepared by a qualified professional, in accordance with section 4.0
of the DFO Letter of Authorization No. BU-02-3766, and submitted to the N-PCA for review
and approval.
29. The developer agree in the executed Subdivision Agreement to:
a) Implement the conditions, requirements and recommendations contained in the Federal
Department of Fisheries and Oceans Letter of Authorization No. BU-02-3766, dated
October 27, 2003, pertaining to the watercourse realignment and associated buffer areas,
setbacks and landscaping/plantings.
b) Implement the monitoring plan described in Condition #28.
c) Revegetate all disturbed areas within Block 89 immediately upon completion of
construction works.
d) The erosion control, grading, and servicing plan requirements in Conditions #21 and #22
be incorporated into the Subdivision Agreement.
30. The zoning by-law amendment require a minimum dwelling setback from the railway right-of-
way of 30 metres.
31. The developer engage a consultant to undertake an analysis of noise and vibration in order to
recommend abatement measures necessary to achieve the maximum level limits set by the
Ministry of Environment and Canadian National Railway. Upon review and approval of the
noise and vibration reports, all recommendations provided should be included in the
Subdivision Agreement.
32. The developer agree in the Subdivision Agreement, in wording satisfactory to Canadian
National Railway, to the following:
a) Construct and maintain an earthen berm a minimum of 2.5 metres above grade at the
property line, having side slopes not steeper than 2.5 to 1, adjoining and parallel to the
railway right-of-way with returns at the ends.
August 16, 2004 - 7 - PD-2004-75
b) Construct and maintain an acoustic barrier along the top of the berm of a minimum
combined height of 6.0 metres above top-of-rail. The acoustic fence to be constructed
without openings and of a durable material weighing not less than 20 kg per square metre
of surface area. The Railway may consider other measures, subject to the review of the
noise report.
c) Install and maintain a chain link fence of a minimum 1.83 metre height along the mutual
property line. The Railway has experienced trespass problems with parks and open space
located adjacent to the railway right-of-way and therefore, controlled access and increased
safety/security measures must be provided.
d) Any. propo, sed alterations to the existing drainage pattern affecting Railway property must
receive prior concurrence from the Railway and be substantiated by a drainage report to
the satisfaction of the Railway.
33. The following warning clause shall be included in the Subdivision Agreement and inserted in
all Agreements of Purchase and Sale or Lease for each dwelling unit. Provisions must be
included in the Subdivision Agreement to ensure that the warning clause survives the release
of the developer's obligations under the Subdivision Agreement and remain on title.
"Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a right-of-way within 300 metres from the land the subject
hereof. There may be alterations to or expansions of the rail facilities on such
right-of-way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect the
living environment of the residents in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the development
and individual dwelling(s). CN will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under the
aforesaid right-of-way."
34. The developer shall through restrictive covenants to be registered on title and all agreements of
purchase and sale or lease provide notice to the public that the safety berm, noise attenuation
and security fencing and vibration isolation measures implemented are not to be tampered with
or altered and further that the developer shall have sole responsibility for and shall maintain
these measures to the satisfaction of CN.
35. The developer enter into an Agreement with CN, stipulating how CN's concerns will be
resolved and will pay CN's reasonable costs in preparing and negotiating the agreement.
36. The developer shall grant CN an environmental easement for operational noise and vibration
emissions, registered on title against the subject land in favour of CN.
37. The zoning by-law amendment require a minimum dwelling and accessory structure setback of
13.7 metres from the right-of-way boundary of the proposed Highway 420 Extension.
38. The developer submit a 1:500 scale subdivision plan indicating the future Highway 420 property
line to the Ministry of Transportation for review and approval.
August 16, 2004 -8 - PD-2004-75
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice from
applicable City Divisions and the following agencies indicating that their respective conditions have
been satisfied:
- Niagara Peninsula Conservation Authority for Conditions 21, 22, 23, 24, 25, 26, 27, 28 and 29
- Canadian National Railway for Conditions 30, 31, 32, 33, 34, 35 and 36
- Ministry of Transportation for Conditions 37 and 38
· SCHEDULE 1
Proposed Plan of Subdivision &
Zoning By-Law Amendment Application
Fernwood Subdivision
26T-11-2004-03 (Revised) & AM-17/2004
Location Map
LUNDY'S
(Fernwood Subdivision 26T-11-2004-03
Subject Land & Zoning By-Law Amendment Application
AM-17/2004) N
Lands subject to Official Plan w~ E
and Zoning Amendment s
(File AM 23/2003) ~: Nzs
SCHEDULE 2
MAP 1 TO AMENDMENT NO.
SCHEDULE - A - TO THE OFFICIAI~ PLAN
Area Affected by this Amendment
Proposed Change From: Industrial
Proposed Change To: Residential with a Special Policy Area and Enx~ironmental Pretection Area
CITY OF NIAGARA FALLS OFFICIAL PLAN
EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN
OPEN SPACE ~ ENVIRONMENTAL PROTECTION AREA N
RESIDENTIAL ~ EXTRACTIVE INDUSTRIAL ~
RESORT COMMERCIAL ~ GOOD GENERAL AGRICULTURE W~ E
RURAL / AGRICULTURAL M,~JOR COMMERCIAL S
THEME PARK MARINELAND ~ MINOR COMMERCIAL 1 :NTS
TOURIST COMMERCIAL ~ NIAGARA ESCARPMENT PLAN AREA
INDUSTR~- p~VA¥ RES~DENTm AM-23/2003
NOTE: This schedule forms part of Amemlmet~t No. __ to the Official Plan for the Cily of Niagara Falls
and it must be read in conjunction with the whtlen text. Augus~ 200~
SCHEDULE 4
SCHEDULE 1 TO BY-LAW No. 2004-
SubjectLand ~ ~ ~
Amending Zoning By-law No. 79-200
N
Description: Part of Stamford Township Lots 135 and 138
and Part of the Road Allowance s
between Stamford Township Lots 121 and 135 ~:~s
Applicant: 800460 Ontario Limited
AM-23/2003 and AM-17/2004
ASSESSMENT # 2725 100 005 05300 0000
FROM : HD24HPYYPZ+Pd PHONE NO. : 7168373692 Ru9, 11 2004 02:49PM P01
~'tl~]. F~LS CLERKS '04 08!! 11:15
NIA~RA PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O, Box 1042 I ~ Planning
Thorold, On,ado L2V 4T7 I s~nned
Telephone: 905-984-3630 File:
Fax: 905-641-5208
E-malk plan@regional.niagara,on.ca
August 12, 2004
Files: D.10.M.11.21
· ' D.10,M.11.23
Mr. Doug Darbyson, MClP, RPP
· Director of Planning
City of Niagara Falls
4310 Queen St., 2"a Floor R ECEIVED
Niagara Falls, ON L2E 6X5
AUG 1 3
Dear Mr. Darbyson: PLANNING
& DEVELOPMENT
Re: Regional and Provincial Planning Review
Fernwood Estates Draft Plan of Subdivision
Official Plan and Zoning By-law Amendment Applications
City of Nia.qara Falls
We understand that City Council recently supported the above noted applications and
directed City Planning staff to prepare amendments to the local Official Plan and Zoning
By-law and conditions of draft subdivision approval for a "modified Plan C" that will be
considered by City Council on August 16, 2004.
As outlbed in our letter dated July 26, 2004 (see affached), we recommended deferral
of these applications for several reasons. Since tills time the Region has filed charges
against the applicants under the Regional Tree Conservation By-law. City Council
previously adopted a motion supporting the Region's. efforts to enforce the Tree
Conservation By-law (attached).' Approval of dev.elopment on a site that is ~ubject to
legal action does not appear to provide this support.
Further, the Region has not been circulated the "modified Plan C" subdivision approved
in principle by City Council. In addition, Regional Planning staff has not been involved
in any meetings leading up to this revised plan. We are, however, aware of a reduced
version of this plan attached to the planning report forwarded to City Council, Although
details of this plan are not clearly legible, it does not address Regional and Provincial
planning concerns raised in our letter dated July 26, 2004, The Ministry of Natural
Resources and Ministry of Municipal Affairs and Housing have also expressed concerns
with the development of these lands, I~articularly the northerly woedlot. In this regard,
we continue tcr have serious problems with these applications and'cannot recommend
conditions of draft approval until matters of Regional and Provincial interest are
addressed after the tree cutting issue is resolved.
The Region, as you know, delegated the authority to approve plans of subdivision to the
City, The City, in turn, agreed to recognize Regional comments and conditiohs,
including these related to Provincial planning ma~ters. We are not at that stage yet to
provide conditions.
08/13/04 FRI 09:23 FAX 905 641 5208 REG NIAGARA FLANNIN~ 44-~ NIA~ ~ALL~ ~uuz
2
Once the legal action is resolved and Regional and Provincial interests are satisfactorily
addressed, we will be pleased to move an appropriate development plan ahead.
Therefore, we would request the Ci~'s suppo~ by deferring fu~her decisions on these
applications.
David J. Fa~yy . /
'- Dire~or of Plan~e~ices
c. Councillor W. Smealon
V. Muratori, Sulli~n Mahoney
R. Brady, Urban & Environmental Management Inc.
B. Stevens, Regional Public Wo~s
D. Sit, Minis~ of Municipal Affaim and Housing
J. Durst, Minis~ of Natural Resoumes, ~neland
I. Thornton, Minist~ of Natural Resources, Guelph
B. R~er. Minist~ of the Environment, Hamilton
pc/NFopa/Planning Review of Fernwood
.__----------'cb'f~'orate Services Department
rhe CiW of ~-~ Clerk's Division Dean iorfida
Falls ll~ ~-"_"--~m ~,,~4310 Queen Street City Clerk
Niagara
Niagara Falls, ON L2E 6X~
Tel: (905) 356.-7521
Fax: (905) 356-9083
E-mail: diorfida~cit,/.niag ara falls.on.ca
· = J~'~e 4, :2004
IVy. David J. Farley
Director of Planning Services
Planning & Developmetlt Department
The Regional Municipality of Niagara ' \
3550 Schmon Parkway, P.O. Box 1042
Thorold ON L2V 4T7 !~ JUN 1 1 2004
Y 5, ...,. ................ L
~,.~-, ~ ,, ·
Dear Mr. Farley: - ' ' 2~, ·
Tree Cutting
17ernwood Plan of Subdivision ·
As you are well aware, tree cutting has occurred on the southemly woodlot within this proposed
subdivision. It is ou~ understanding that the Region is investigating and determining whether to lay
charges under its' Tree Conservation By-l~w S541-96.
For .your information, Niagara Fails City Council d!scussed the tree cutting and passed the following
nlotloll:
That the Council forward a letter of support r~garding the Region's efforts to enforce their
Tree Conservation by-law, specifically concerning the south woodlot ga the proposed
Fernwood development. Carried Unanimously.
If you have any questions, feel free to contact me.
Sincerely,
City Clerk
Ext. 4271 -
P~orking Together to Serve Our Community
Finance Human Resources Info,vnation Systems Le~al ~l~nnlncl & Develoomeat
08/13/04 FRI 09:23 FAX 905 641 5208 REG ~IAGAKA
' NIA~A PLANNING AND DEVeLOPMeNT DEPARTMENT
3550 Sch~n Parkway, P.O. Bex 1042
~orold, ~do ~ 4~
Telephone: (905) 984-3630
Fa~ (905) 641-5208
E-maih plan~regional.niagam.on.ca
July 26, 2004
Mr. Doug. Da~yson. MCIP, fPP & D_10. M.l~J.21
Director of Planning & Development
City of Niagara Falls
- 4310 Queen Street
P.O..Box 1023
Niagara Falls, ON L2E6X6
Dear Mr. Darbyson:
Re: Regional and Provincial Planning Review Comments
Fernwood Estates Draft Plan bf Subdivision' '
and O~cial Plan and Zoning By-Daw Amendment Applications
File: 26T-11-2004-03 (Revised)'
800460 Ontario Limited
West Side of Garner Road, no~h of Lundy's Lane (Regional Road 20)
City of Niaqara Falls
The Regional Planning and Development Department recently rebeived the revised Fernwood
draft plan of subdivision and related Zoning By-law amendment applications circulated by the
City for the development of 16.649 hectares (41..14 acres) of land comprised bf 83 single
detached residenliaI lots, a stormwater management block and a small block for parkbnd. This .
represents develepment on only part of the applicants' property which is comprised of a total of
100 acres. Regional Planning staff previously provided detailed comments to the City on
applications to amend the.'City's Official Plan and Zoning By-law for the entire'site, These.
applications were approved in principle by City Council, in September ~003, subject to further
investigations into the significance of potential wetlands and woodtots as requested by City
Council. However, recent tree cutting by the owner ~ind the receipt of revised plans have raised
major concerns from a Regional and Provincial planning pe[spective_
The protection of t',vo woodlots on the property has been a major concern expressed by City
Planning staff, Regional Planning staff, the Ministry of Natural Resources and area residents.
Notwithstanding these concerns, the developer has cut down the southerly woodier after being
advised on several .occasions of restrictions under the Region's Tree Conservation By-law. As
you are aware, City Council has also passed a mot[on to support the Region in its efforts to
enforce- the Tree Conservation By-law. 7'he Region is presently conside'ring a report from a
professional forestry consultant to determine if there have been possible contraventions (o the
Tree By-Law. As a result, it would not be appropriate to make a decision on the planning
applications for the proposed development at this time.
In addition tc~ the above. Regional Planning staff can not support the proposed subdivision for
several reasons· T. here has not been sufficient information submitled to complete our
evaluation and to address our concerns associated w~th the preservation of significant
woodlands, land use compatibility (i,e. noise impacts) and (he overall development pattern
which are generally outlined in the following comments.
08/13/04 FRI 09:24 FAX 905 641 5208 RE6 NIAGAFA t'LANNIN6 -+-+-+ NIA6~ FALLS ~uub
2
,,. ~rese~at on of Woodlands
~e Minist~ of Natural Resources confirmed that the no.hefty woodlot was the most signifi~nt
of the ~o woodlots on the propeAy and that ii should be given the highest level of protec~on.
An "Environmental Protection Area" designation ~rough ~e Official Plan amendment was
recommended as the most appropriate land use classifi~tion to provide protection for the
woodloL A concern was raised by the applicant's solicitor that lands can not be designated for
environmental pro~ec~ign purposes in an official plan if they were not designated as such at the
time an appli~tion wa~ made and th~ owner has not r?quested the.land use change,
As the Region is the approval authod~ for Io~1 official plans and amendments, independent
'legal advice has been obtained on this matter. We have been advised [hat the Ci~ ~n in fact
redesignate these lands "Environmental Protection Area" for several reasons. We note Special
Policy No. 9 in .the Ci~'s Official which currentl~ applies to this prope~ requires that
appropriate s~ies must be carded out in' order to dateline ~e future development of this
area. Based on ~ese s~dies, the Ci~ can dateline ~at a new designation is approp~ate.
A Task Force of the Region's Ecologi~l and Environmental Adviso~ Commi~ee (EEAC) has
reviewed envi.ronmenta repoAs and related info.etlon to assess the woodier. Th~ Task For~
has indicated that a current, detailed invento~ .6f trees and vegeta~on is ne~ssa~ to
a~urately assess the woodlot and development impacts. It was determined that
information provided in the Environmental Impact Study submi~ed by the applicants is
insufficient to e~luate development impac~ on the woodlot. The Task For~-findings will be
submiffed to the ne~ meeting of the Adviso~ Committee for their consideration. Therefore, no
development should take piece in the woodlot at this time.
to be in direct conflict with Council'~ eadier direction on the pending Official Plan Amendment
since the subsequent woodlot investigation led by the Minist~ of Natural Resources has
confi~ed ~at development should be prohibited in the nodherly woodlot.
Land Use Compatibili~
A prelimina~ noise and vibration impact repod, prepared in accordance with Minist~,of the
Environment guidelines, is necessa~ due to the proximity df the development to the adjacent
railway and an industrial use to the south and the future highway designated on lands along the
no~hwest side of the proposed subdivision. This prelimina~ repo~ is required prior to draft
approval in order to assess the design of the subdivision and need for in.eased building
setba~s to be included in the amending zoning by-law. A more detailed study would be '
required as a condition of draft approval.
Overall Land use and Development Pattern
The ~ite is situated on the edge of the Urban Acea Bounda~ and is isolated from other
residential neighbourhoods. The appli~nts previously indicated that th~ r,~des gna on of these
lands from Industrial to Eesidential would fulfill needs for a varie~ of heu'sin~ ~pes in;luring
single detached, semi-detached, tcwnhouse ~nd apadment dwellings. The proposed
subdivision and related rezoning only deal w[~ pa~ of.the site and only propose single detached
dwellings on large lots. A plan of subdivision loc the site should include ali of the appli~nts'
lands south of the designated highway corddor to demonstrate that there is ~ commitmen~ '..'
toward an acceptable ~and use pattern including ~fl appropriate housing mix and an improve~
residential densi[y as well as blocks for the pro[ec[ion of na[ural fea[ures. The subdivision can
then be phased according to marke~ demands. The area including the highway corridor and
isolated lands [o [he nodh along the urban area bounda~ should remain as a fu[ure
development area and could be included in a Holding zone.
The applicants are proposing a 'multLpurpose- block (Block 85) along the railway line. It will
primarily provide linear stormwater management facilities in conjunction with the relocation of
existing watercourse and will accommodate a noise border and possibly pedestrian trails. This
block comprises nearly 16 acres of land. Preliminary information submitted with the earlier
Official Plan amendment application indicated that the width of the block was intended to be
approximately 50 metres and that more details would be provided at the subdivision stage. This
block has now increased to over 75 metres in width without any information or design details to
demonstrate the need for a block of this size. It appears tha. t the size of this block may be
excessive and may n(~t provide an efficient use of these lands.
A road access from Regional Road 20 (Lundy's Lane) is illustrated on the concept plan which is
._ close to the railway line. The Regional Public Works Department has not completed its formal
comments on this proposal but staff have advised that this road would not be acceptable. This
revision will impact the development pattern envision~d under the concept plan and could
require further changes to the plan of subdivision. This should be Addressed poor to draft
approval and is another reason for having a comprehensive plan of subdivision for the entire
I00 acre parcel_
Conclusion
Regional Planning staff have a number of concerns wi~:h these applications. The Region is in
the process of taking action with respect to the Tree Conservation By-law and the cutting of
trees on this property: On this basis, it i~ recommended that City Council defer any decision on
these applications until this matter is resolved. Notwithstanding the recomr~endations noted
above, this Department cannot support the proposed applications which would result in the
development of the woodier.
If you have any questions concerning the request for Council to defer these applications, please
contact the undersigned.
Please sehd notice of the City's decision on these applications.
Yours truly,
c. Councillor W_ Smeai:on
V. Muratnri, Sullivan Mahoney
R. Brady, Urban & Environmental Management Inc.
B. Stevens, Regional Public Works
J, Durst, Ministry of Natural Resources, Vineland
I. Thomlon, Ministry of Na[ur;~l Resources, Guelph
B. Ryter, Ministry of: the Environment, Hamilton ;."
M:v~SWO RD\PC~NFs ubCFemwood plan.doc
August 12, 2004
Mr. Rick Wilson
Plon~?gg and Development
City of N~agar~ Fails
Box 1023, 4310 Q.ccn Street R IECE IVED
Niagara Falls, ON L2E 6X3 AUG 1 2
Dear Mr. Wilson: PLANNING
& DEVELOPMENT
Re: Fernwoo~
Con.flops ~or Dral~t Pla~ Approval
Our lqle No.:
~ ~OU ~or Dl~[ng W~ u~ ~n ~ ~'[~F~I'DOOD of AD. gust 11~ to l'eVJ~Dw yonr pl'opo$~l
Conditions for Drall Plan Approval. It wa~ v~ helpfial to do so, so tl~t we could address,
without an~ ~lrp~ises, any potential issue~. I believe that fl~t m~ling served ~ purpose
well.
We were smprised when you had indicated to us that the Region had not provided you,
notwithstanding your c~rculation to them, with their usual conditions to draft plan approval.
We say we are surprised because wc had specifically addressed this matter with Mr. Colosimo
dmq.ug a telephone conversation which took place on Thursday, July 29m. That conversation
arose because Mr. Colosimo had indicated to our client that he would be unable to provide
comment on condidous of draft plan approval and cited as a reason the lack of a sound and
vibration study bccanse of the proximity of this development to the CN rail. We reminded Mr.
Colosimo that in fact the Region clid have a letter of February 28, 2003 from Mr. John
Codrington P.Eng. of Acres International wkich provided an op~don, based on actual data
collected both at the site and from the City and Region that any sound and vibration
considerations both from the perspective of CN and the MOB could easily be accommodated
by standard methods on this site. I attach for your file a copy of our letter of July 29, 2004 to
Mr. Colosirao which is self-explanato~.
AUG. 1L]O04 2:~3F~ YULLiVAN MAMUN~Y I~u, I~ K, 3
What is particularly interesting however is the fact that rather tlaan engage in a debate, our
clie~t~ simply chose, notwithstanding the fact it was clearly not necessary, to have Mr.
Codrir~gton prepare and file a preliminary sound and vibration report. Oux client did so at
some considerable e×pense and personal!.y delivered this stady on Monday, August 9e. For all
of these reasons we simply do not understand why the Region could not have provided you
with their standard conditions of draft plan approval (you already have the comments a~d
conditions from NPCA), As you lmow that standard conditions from the Region are
appro×imately seven in number and are repeatedly documented ia a variety of pl.n~ of
subdivisions throughout this Region.
In order not to delay tlfis matter and t~oug/a it may seem unusual for the developer to ask for
conditions to be imposed on its plan of subdivision we would ask you, as the approval agency,
to attach the following conditions to the draft plan approval, These conditions trove been tal~ea
from otJaer coalitions of draft plan approval requested by die Region and can be reviewed in
any number of plans.
1. The detailed 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.
2. The developer obtain Ministry of Environment Certificates of Approval to the
sa:a~sfaction of the Regional Public Works Department for the necessary servicing for
this development.
3. Immediately following notice of draft plan approval, the developer submit a letter to the
Regional Planning and Development Department acknowledging that draft plan
approval of this subdivision does not include a commitment of servicing allocation by
the Region. Servicing allocation will be assigned instead at the time of final approval of
the subdivision for registration purposes, and a similar clause be inserted in the
subdivision agreement between the developer and the City.
4. Immediately following notice of draft plan approval, the developer provide the Regional
Planning and Development 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.
5. Prior to approval of the final plan or any on-site grading, the developer submit two
copies of the following plans to the Regional Planning and Development Department,
designed and sealed by a suitably qualified professional engineer in accordance with
the Ministry of the Environment documeras entitled "Stormwater Management Practices
Planning and Design Manual", March 2003, and "~tormwater Quality C~idelines for
New Development~, May 1991, and the developer agree in the executed subdivision
agreement to implement these approved plans:
a) Detailed lot grading and drainage plans, noting both existing and proposed
grades and the means whereby overland flows will be accommodated across the
site;
b) Detailed sedimentation and erosion control plans; and
c) Revisions to the subdivision, if necessary, to implement approved lot grading
and drainage plans.
Note: The Region will request the Niagara Peninsula Conservation Authority to review
these plans on the Region's behalf and to submit comments on them to the Regional
Planning and Development Department. The Regional Planning and Development
Department is the clearance agency for this condition.
6. The developer submit a copy of an updated noise study, conducted by a qualified
professional engineer, to the Regional Planning and Development Department for
review and approval assessing the impact of railway and stationary noise on the
subdivision and recommending appropriate measures to reduce noise levels and
warning clauses advising of noise conditions within the development in accordance with
the Ministry of Environment's noise criteria.
7. The recommendations of the approved noise study be implemented through the
subdivision agreement to the satisfaction of the Regional Planning and Development
Department.
Regional Niagara Public Works Department for Conditions 1 and 2
Regional Niagara Planaing and Development Depal'tment for Conditions 3, 4,
5, 6 and 7
Obviously ~ese conditions may not follow this numerical sequence if they a~o/ncorporated in
your own conditions to draft plan approval and we would a~k you to adjuat the numerical
sequence accordingly as well as the direction with respect to clearance.
AUG. 12,2004 2:33PM SULLIVAN MAHONEY NO. lbb F, ~
Should there be any questions at all with respect to this matter, please do not hesitate to
contac~ the writer.
Yours very truly
Sull/van Mahoney LLP
Per:
Victor F. Muratori ~'
VFM:L
Encl.
c.c. Mr. Peter Colos~mo
~.._-.AUG, 12, 2004 2:34PM SULLIVAN MAHONEY NO, 155
FILE COPY
Reply ~o St. c.a~tmxiu~8
VICTO~.~, ~URA'I~ORI, Q.C.
~; 905.688.6655 ~, ~5
~a~e: 905.688.5~4
l~y 29, ~004
Reg~on~ M~cip~i~ of Nia~
Plannln~ ~d Dcvclopment
B550 Schmon P~ay, P.O. Box 1042
T~orold, ON ~V 4~
Aileron: ~. P~ Col~o
D~ S~:
R~: Fe~wood S~on, G~R~ Road~ Ci~ ofNiag~a F~
Th~ w~ refer to our t~t~p~oae eoavers~ion of ~s&y, ~y 29*. T~ w~l ~o re~ ~ ~e
teRer of F~bm~ 28, 20~ ~om ~. Jo~ C~oa of Acr~ Iat~o~, w~ch 1~ ~
sub,Red to ~e M~cip~i~ ~ to ~e Region ~d which you ha, e ~owl~g~ you ~ve
You ~ve ~t~ to o~ c~ient ~d r~t it m ours~lv~ ~at ~ yo~ op~on you r~e a
prelimina~ s~ad s~dy ~ order to d~ wi~ ~e ~Rdi~om of &~ approv~ wi~ r~p~ to
· e PI~ of Subdivgion w~ch is proposed for th~ sim. Wi~ ~e ~eatest o~ r~t, we
dis~ wi~ ~s. W~ do so for ~e ~llow~g r~o~:
1. ~r. Co~ington's leRer of F~bm~ 28, 2003 is a el~ ~d u~qu~ ~tion on
· e p~t of ~e co~al~t ~t ~t o~y can ~1 roarers b~ t~olved to ~ sat~f~tio~ of ~e
~ of ~e ERv~o~e~t, but ~so ~at he h~ obviomly ~ea ~to account, pri~ to
e~r~s~g ~ option, ~ on-si~ inv~tigaQoa of this roarer.
2. ~. C~i~gtoa, in ~s l~R~r, smt~ ~a~ he h~ obeyed ~ necess~y ~e repo~
~om CN; ~e road ~a~c ~m bom ~e Ci~ of Niag~a F~s ~d from ~e Region ~d ~
addison ~o &a~, h~ visited the site ~d aem~ly ~en sound dam at ~ r~l~v~t l~Rom. In
o~er wo~d~, M~. C~iR~OR'5 opinion is expr~sed not in the abs~act, bat b~ o~ specific
o~-site ~format~o~.
AUG, 12,2004 2:34PM SULLIVAN MAHON~Y NO. lbb r. /
3. Mr. Co&ington's letter was written at the time when the proponent was proposing a 50
meter setback from the existing CNR r~/I. As you have noel during our telephone
conversation and have commented upon, that setback has now been increased to 75 meters
which meets the standard minimum requirement set by CN for residential development in
prox~m.ity to a railway. Put in sL~nple terms and as we are ail aware, that mir~im~n:0, standard
satisfies the noise and vibration requirements set by CN and the berm which is already in place
addresses the safety issues usually raised by the railway in these circumstance. In other
words, the proponent is using the nain~rnum requirements and i~ not asPJng for any relief from
that provision as part of its proposal.
4. The consultant states the following:
"I have reviewed the proposed development, and I am confident that all noise issues
can be resolved to the satisfaction of the Ministry of the Env/ronment.'
This ~tatement appears clear and unequivocal that not only has the consultant considered the
noise and vibration requirements of CN, but he also has considered the requirements of the
MOE.
5. It is reasonable to assume that the consultant, being an experienced one, and having
said that he had conducted a site visit would have mentioned if special mitigation measures
needed to be taken because of grade differentials. In fact, I am sure you are aware from your
own site visits that there is no mater/al grade differences which would likely impact on the
mitigation measures that are required to be taken.
6. The consultant already states what he believes and in his opinion would be requ/red
with respect to such mitigation and he does so in the second sentence of the second paragraph
of the letter indicating that a no/se berm and noise fence is 1Lkely to be recomro.ended (the
berm already being in place) for the purpose of noise attenuation, As you well know, these
are al] standard practices which are the norm in these circumstances.
7. It would appear to the writer that the consultant ~, already expressed a very clear
opinion that there is nothing unusual with respect to this proposal (in fact, the wide, ag of the
setback can only improve any noise and vibration issues) and there is really nothing more of a
prelJaninary nature that cannot be sat/stied by way of a complete study as part of the draft plan
condition.
In response to our submission to you that this is an abnormal request in the face of Mr.
Codrington's letter and in the face of the physical circumstances you have given us as an
,~AUG, 12, 2UU4 2:~4rM ~ULL[VAN MAHUN~Y I~u. 19~ r. o
example the saznc proponent's development at Orchard Grove West. In the opinion of the
writer, there is a material difference between that and this development in that from the very
bcginninM the proponent was sugg~ting a sctback which was less flmu thc m!nimum
requkements of CN. In that particular case, it was not unrcasonabl¢ for thc Region, as the
commenting agency for the Ministry of the Environment, to receive prelimizar7 calculations
from the engineer to indic~t~ that noise attenuation could be acconnuodated ii1 thc reduced
setback. That is not the case in this instance. We believe that there is a presumpQon that
m~ulmum stallda.rcls arc; set on the basis that the issues can be a4dressed and ~ be addressed
a part of the draft plan approval process.
Having said that and in order not to delay this matter f'cuther, our engineer has been asked to
prepare the c.~Iculations based on the sound dam collected last y~ar. We will also advise him
to look at the proposed MTO corridor, although you and I both agree of the ualikclihood that
this corridor will ever be developed.
I reiterate that we are workiag to &adline and w~ will have these prelin/mary figures to you
on or before August 9~ next. In thc rneandr0.e, we would ask you to please proceed with the
conctitio~s of draft plan approval under the assumption that the calculations you receive from
our engineer will provide you with sufficient infonmtion for you to write the conditions of
draft plan approval on the issue of sound and vibration.
Should there be any questions with respect' to this matter, please do not hesitate to contact the
writer.
Yours very truly
Sullivan Mahoney I,I'.P
Per:
NiRG. FALLS CLERKS '04 081112~)?
Aunt ! 1~ 2004
5701 MacPherson Cres
Niagara Falls, On
L2J 1Z9
Mayor Ted Salci and Members of City Council
City Hall, PO Box 1023
4310 Queen St
Niagara Falls, On
L2E 6X5
Dear Mr Salci and Members of Council,
The letter that follows dated July 5th, was sent to the Director of Planning and
Development. At the July 26th meeting of City Council, my letter was left out of the agenda list
of correspondence.
For the record, I would like it noted that my letter was sent, and would like to know that
members of council have had an opportunity to review its contents.
Sincerely,
Frank Fohr
Enclosure: 3 pages
PLEASE NOTE: MR. FOHR'I CORRESPONDENCE WAS INCLUDED IN YOUR HNDOUTS ON
MONDAY, JULY I~%
July 5, 2004
5701 MacPherson Cres
Niagara Falls, On
L2J 1Z9
Director of Planning and Development
City Hall, PO Box 1023
4310 Queen St
Niagara Falls, On
L2E 6X5
Dear Mr Darbyson,
The following are my comments regarding the proposed Femwood Subdivision which
will be discussed at a public meeting on July 26, 2004. As the chair of the Urban Forestry sub-
committee of the Park in the City committee, I was asked to attend the June public planning
meeting by a number of concerned citizens, when the lawyer for the developer presented the
plan for the Femwood Subdivision to city council. I was not prepared to speak at the time, but I
would now like to share my thoughts in light of the discussion at that meeting. My comments
will fall into two categories: first environmental concerns about the development, and secondly
my response to points that were raised by the developer's solicitor.
When the Urban Forestry sub-committee was established as part of the Park in the City
initiative, one of the steps taken was to examine the existing inventory of woodlots in the city of
Niagara Falls. It was disturbing to see the limited number of woodlots that remained in the north
end of the city. As our spring project, our committee chose to plant about $800 worth of trees in
Heritage Park, plus we received funding from the Conservation Authority to do additional
planting in Theresa Park. These efforts to restore the urban forest need to continue; however,
they are of limited value if established wooded areas are removed. As was mentioned by a
number of speakers at the planning meeting, the woodlot in the proposed Fernwood Subdivision
is one of the few remaining in the north end of the city. Priority needs to be placed on saving this
woodlot for a number of reasons. Some of these are summarized below:
· There are a limited number of woodlots remaining in the north end of the city.
· Based on past inventories, this woodlot contains some significant native plants, and may
provide one of the few remaining habitats for certain animal species (frogs, deer, birds,
etc.) This was why a request was made by some members of the public for a four season
environmental study of the property.
· Woodlots help the human environment by producing oxygen through photosynthesis, as
well as absorbing rainwater and reducing the peaks that occur in runoff.
· This woodlot is identified in Niagara Region's proposed new environmental policies
(Regional Policy Plan Amendment 187) as an Environmental Conservation Area.
Despite the comments by the developer's solicitor that every effort is being made to
protect as much of the woodlot as possible, it is quite obvious that the subdivision plan as
submitted provides no protection for the woodlot. The developer's solicitor had certainly done
his homework well, by researching OMB hearings of similar cases, to suggest that the developer
had the upper hand, because they would win their case at the OMB if the city did not approve
their plan. The strongest argument centred around a case in Ottawa, in which the OMB would
not allow the protection of an environmentally sensitive area because the environmental study
was done after a developer had submitted his proposal. The city solicitor a~eed with the
lawyer's assessment that they could lose an appeal at the OMB, but he ~ointed out that the OMB
is not a court and does not have to fgllow the precedent of an earlier case.
Unfortunately, city council voted against an environmental study, probably because they
feared that they would not win an appeal at the OMB. However, I feel that the city does have a
strong case to protect this properS, and therefore they should not approve the plan submitted bY
the developer. My reasons for this assessment are listed below:
Currently the OMB is being criticized for favouring developments that contribute to
urban sprawl. There has even been talk of abolishing the OMB. The new government in
Ontario has spoken about the need to protect environmentally sensitive areas such as the
Oak Ridges Moraine and has suggested it will be tougher with developers. If the OMB
does not have to follow the precedent of previous cases, then cases cited by the
developer's lawyer may be totally irrelevant, since the political climate at the OMB will
no longer be the same.
· Smart Growth is now a hot button issue throughout Ontario. From the perspective of
Smart Growth, the proposed subdivision is a classic example ora bad development. It is
hard to understand why the urban boundary would have been extended beyond Garner
Road to include a woodlot when most of the urban boundary ends at Kalar Road.
· Although the developer would have to build the services needed by this isolated
subdivision, it would be the city of Niagara Falls which would have to maintain it in the
long run. As a recent article in the Toronto Star points out, developments such as this
which sprawl outwards across the landscape are not financially sustainable in the long
run, since they create an increased tax burden to cover the cost of maintaining services.
(Moloney, Paul, "Growth = needs = taxes," The Toronto Star, Saturday, July 3, 2004,
Page HI)
· The land is currently not zoned for residential use although it is within the urban
boundary. The current designation of Transportation-Distribution Industrial is more
appropriate from a Smart Growth perspective because a warehouse on this property
would not require the services that a residential area requires. This argument could be
used at the OMB if the developer chooses to appeal. The developer's lawyer threatened
that if the city did not approve his request for a zoning change, he could clearcut the
forest and build a warehouse on the property. Council should not take this idle threat
seriously; it is clear that the developer's intent is not to build a warehouse, but rather to
maximize the profitability of the property by obtaining a zoning change.
It seems clear to me that city council is "in the driver's seat" on this one. The subdivision
can not be built without a zoning change. The developer has used a variety of threats to bully
council into approving his plans, but council should not be intimidated. They should insist that
the developer sell the woodlot back to the city at a reasonable cost, in exchange for a zoning
change on the remainder of the property. Threats of an OMB appeal should not deter council
since the city has strong arguments not to approve this plan.
Sincerel ,
Frank Fohr
Corporate Services Department PD-2004-79
Planning & Development Doug Darbyson
~., ..~ ~& , 4310 Queen Street Director
The C.y u~
· .__~'~. P.O. Box 1023
Niagara
Fallsjj~.. Niagara Falls, ON L2E 6X5
Can~~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 355-2354
E-maih planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-79
1) I~ilton lrlotel Official Plan Amendment for Securing Cash
Contributions for Community Capital Facilities under Section 37 of the
Planning Act; and
2) Implementation of Council's Section 37 Community Benefits Program
RECOMMENDATION:
It is recommended that Council:
1 ) formally adopt Official Plan Amendment (OPA) No. 56 appearing on tonight's agenda to secure
appropriate community benefits from the approved Hilton Hotel project pursuant to Section 37
of the Planning Act.
2) reconvene the Council Committee previously established regarding the Section 37 Community
Benefits Program to clarify policy directions and report back to Council.
BACKGROUND:
On July 12, 2004, Council adopted two planning reports, PD-2004-56 and PD-2004-62, both dealing
with community benefits under section 37 of the Planning Act. The following motions were adopted:
PD-2004-56 That the recommendations in report PD-2004-56 be approved and that the
contributions related to Section 37 be negotiated between staff and the applicant,
subject to Council approval.
PD-2004-62 Council adopt the IBI Group's recommended financial formula as a guideline for
securing public benefits under Section 37 of the Planning Act for high-rise
development approvals in excess of 30 storeys; and further, that the policy reflect
the comments in the report with the following changes:
1) That Section 37 be used to achieve municipal capital facilities and/or cash
contribution toward the achievement of capital facilities for the betterment
of the entire community and for other capital facility objectives set out in the
Official Plan;
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal Planning & Development
August 16, 2004 -2 - PD-2004-79
2) The product of the contribution should be directed toward the provision of
capital facilities only and will not go toward operating expenses;
3) The Director of Planning suggest how monies are to be allocated with the
final decision at the discretion of Council.
As per Council's direction on the first matter involving the cash contribution by the proponents of the
Hilton Hotel expansion, staff met with the applicant to discuss a possible increase in contribution. To
this end, the applicant proposed a $1.2 million contribution, an increase of $200,000 from their earlier
proposal. Staffhas incorporated this amount in the OP amendment document appearing on tonight's
agenda for Council's consideration. Part of the discussion focused on how the money might be spent
as the applicant favoured the creation of a buffer and trail facility along the hydro corridor as a priority
project. Other questions were raised with respect to the timing of the contribution and whether the City
could withhold the allocation of monies until the hydro corridor project received formal endorsement
from the Provincial Government. Staff advised the applicants that these questions could be worked out
in the preparation of a Section 37 Agreement. For now, the focus is on establishing a specific
contribution amount for inclusion as part of the Official Plan amendment document.
Regarding Council's direction on the second matter involving the adoption of a financial formula for
securing public benefits under Section 37 of the Planning Act, and the contents of PD-2004-62 which
provide the policy framework for considering future development applications, staff would recommend
the following:
1) that Council's adhoc committee previously involved in reviewing IBI's Section 37 Community
Benefits proposal be reconvened;
2) that said committee, together with staffand the 1131 Group, meet to answer questions and clarify
policy direction; and
3) to report back to Council with full policy details.
It is important that a clear policy direction be established for considering future development
applications. It was acknowledged in report PD-2004-62 that staff had been as diligent as possible,
given the short time frame, to work out the implementation details. Given the questions that were asked
by the applicants for the Hilton project and the questions that were raised by Council at their July 12,
2004 meeting, staff is recommending a few more steps to clearly implement Council's Community
Benefits Program policy.
Recommended by: Respectfully s_ubmitted:
,.
Doug Darbyson ,r~John MacDonald
Director of Planning & Development I~ Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
DD:tc
S:kPDR~2004kPD2004-79, Hilton OP Amend & Implement s37 ~vpd
Corporate Services Department PD-2004-77
Planning & Development Doug Darbyson
~,, 4310 Queen Street Director
The
City
Of
Fa,s-- P'°' Bo× lO23
Niagara
Niagara Falls, ON L2E 6X5
Can~~ web site: www.city.niagarafalls.on.ca
Fax: (905) 356-2354
E-mail: plan ning@city.niagarafalls.on.ca
August 16, 2004
~is Wo~s~Jp ~yo~ Ted Salci
~d ~e~be~s oft~e ~cJpa] Cou~cQ
Applicant: [~lls~ie~ Golf
A~e~t: Italia Gilberti, Broderic~ ~ ~art~ers
~roposed Coif Course
RECOMMENDATION:
It Js ~eco~c~ded t~at:
l) Co~ci] p~s t~e b~-]~w ap~e~8 o~ tonight's a~c~da to
~ po~io~ o[ ~ l~ds zoned O~e~ S~ace H (OS(~)) s~o~ o~ Schedule
2) The Co¢oration of the City of Niag~a Falls ("Cit~') obtain ~d re~ster ~ e~ement ~om
The C~ada Southern Railway Comply ("CSR") for an existing ~egistered easement in
favo~ of the City over P~s 2, 5, 20 and 27 on an exceCt of ~e &afl Reference PI~,
referenced ~ P~cel 1 herein ~d shown hmched on the attached Schedule "A", for nominal
consideration;
3) ~ easement over P~s 31 ~d 32, 35 and 36, 39 ~d 40, 45, 50 ~d 51, 52, 62 ~d 63 on ~
except of~e &a~ Reference PI~, referenced as Pmcel 2 herein ~d shown hatched on the
attached Schedule "B" be ~anted to CSR ~d Fallsview Golfhc. ("Fallsview"), for nominal
consideration;
4) ~ easement over P~s 11, 12, 14, 15, 16, 17, 30, 33, 34, 37, 38, 41, 42, 43, 44, 46, 47, 48,
49 ~d 61 on an exceCt of the draft Reference PI~, referenced as Pmcel 3 herein ~d
hatched on &e attached Schedule "C" be ~ted to CSR ~d Fallsview, for nominal
consideration;
5) ~ easement over P~s 50, 52 ~d 56 on ~ except of the &afl Reference PI~, referenced
as P~cel 4 herein and shown hatched on ~e attached Schedule "D" be ~ted to CSR ~d
Fallsview, for nominal consideration; ~d
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal Planning & Development
August 16, 2004 - 2 - PD-2004-77
6) an easement over Parts 64, 65, 66, 67, 68 and 69 on an excerpt of the draft Reference Plan,
referenced as Parcel 5 herein and shown hatched on the attached Schedule "E" be granted
to CSR and Fallsview, for nominal consideration.
BACKGROUND:
Fallsview and CSR have submitted an application for site plan approval which is currently under
review. The site plan is shown on Schedule 2. The recommendations of this report, dealing with
a partial lifting of the hold provisions and the granting of various easements, will facilitate the
finalization of the site plan approval by staff.
Itolding Symbol
On March 7, 2003, Council passed Official Plan and Zoning By-law amendments to permit a future
golf course on lands that include the former CP Rail marshaling yard to the south of Marineland
Parkway. A portion of the lands designated and rezoned had contamination from the former use, and
these portions were zoned with a holding provision, to be lifted once the soil contamination had been
decommissioned and remediated to the satisfaction of the Ministry of Environment (MOE).
A large area of the site has now been remediated and the applicant's consultant, AMEC Earth &
Environmental, has submitted documentation to satisfy MOE requirements. Areas of contaminated
soil remain elsewhere on the property and the holding provisions will remain for these areas. This
includes two pockets within wooded areas where removal would have destroyed the trees. The holding
zone will remain on these pockets and the applicable site plan drawings (to be registered on title as part
of the site plan agreement) will identify these areas.
Easements
Attached as Schedule "F" is a preliminary plan which gives an overview of the proposed golf course
and the location of each easement. CSR and Fallsview are requesting various easements be entered
into with the City. The attached Schedules A-G inclusive were enlarged to provide a clearer illustration
of each required easement.
A. Parcel 1 as shown hatched on the attached Schedule "A" is owned by CSR. By-law 1805
(1954) is a by-law with respect to a 20-foot wide easement for a sanitary sewer ("sanitary
sewer") over Parcel 1 in favour of the City. The said easement was never registered. Staff
is recommending that the City obtain and register an easement from CSR to the City for the
existing unregistered easement over Parcel 1, for nominal consideration.
B. Parcel 2 as shown on the attached Schedule "B" is owned by the City. The City has a
drainage channel ("drainage channel") approximately 85 feet wide and Parcel 2 runs along
the ridge on both sides of the drainage channel. CSR and Fallsview require an easement
over Parcel 2 for the purpose of landscaping the lands along the ridge of the drainage channel
for beautification of the golf course, restricting animals from trespassing into the drainage
channel and to create a safety barrier for CSR, Fallsview and the golfers. Staff is
recommending that the City consent to granting an easement to CSR and Fallsview for Parcel
2, for nominal consideration.
C. Parcel 3 as shown hatched on the attached Schedule "C" is owned by the City. Parcel 3 has
existing and proposed bridges which permit crossing over the drainage channel linking the
portions of the golf course. CSR and Fallsview require an easement over Parcel 3 for the
August 16, 2004 - 3 - PD-2004-??
purpose of them and the general public having permission to cross over the drainage channel
by accessing the bridges. Staff is recommending that Council consent to granting an
easement to CSR and Fallsview for Parcel 3, for nominal consideration.
D. Parcel 4 as shown hatched on the attached Schedule "D" is owned by the City. Parcel 4 runs
along the drainage channel. CSR and Fallsview require an easement over Parcel 4 for ingress
and egress and the use for vehicular traffic. Staff is recommending that Council consent to
granting an easement to CSR and Fallsview for Parcel 4, for nominal consideration.
E. Parcel 5 as shown hatched on the attached Schedule "E" is owned by the City. Parcel 5 is
the drainage channel. CSR and Fallsview require an easement over Parcel 5 for general golf
course use (crossing of golf balls). Staff is recommending that Council consent to granting
an easement to CSR and Fallsview for Parcel 5, for nominal consideration.
The easement over Parcel 1 will give necessary access to the City for maintenance of the sewer. The
easement over Parcels 2 to 5 will provide the applicant the necessary access to operate the golf
course. As the easements will be granted for nominal consideration the following clauses will be
inserted in the easement agreements between the City, CSR and Fallsview:
1. That CSR and Fallsview shall maintain the drainage channel at all times and keep same clear,
remove or control the growth of any roots, trees, stumps, brush or other vegetation on or
under the easement.
2. That CSR and Fallsview shall take out and keep in force comprehensive general liability
insurance against claims for personal injury, death or property damage resulting from any
accident or occurrence by it or its successors, assigns, servants, agents, contractors,
workmen, invitees, guests and visitors for ingress and egress at any time and from time to
time over, along and upon the easement lands on foot and/or with vehicles over, along and
upon the easements. CSR and Fallsview shall provide a certified copy of the policy of
liability insurance or a certificate of insurance setting out the essential terms and conditions
of insurance, the form and content of which shall be satisfactory to the City Solicitor and
naming the City as an additional insured. Such policy shall be kept in full force and effect
until all of the services required under the Easement Agreement have been assumed by the
City and shall comply with the following provisions:
(i) the minimum limit shall be $5,000,000.00 all inclusive, for property damage and
personal liability;
(ii) the premium must be paid initially for a period of one (1) year and the policy shall be
renewed for further one (1) year periods until the Easement Agreement is terminated;
(iii) the policy shall provide for cross-liability and severability of interest protecting the City
against claims by CSR and Fallsview as if it were separately insured and providing that
the City shall be insured notwithstanding any breach of any condition in the policy by any
other insured; and
(iv) the policy shall provide that the insurer shall not cancel or refuse to renew it without first
giving the City at least thirty (30) days prior written notice.
Execution of the site plan agreement will be subject to the finalization of these comments.
August 16, 2004 -4 - PD-2004-77
CONCLUSION:
1. The applicant has satisfied the requirements of the MOE with respect to the
decommissioning and remediation of the majority of the land shown on Schedule 1,
therefore, the holding provisions can be lifted for these lands.
2. The granting of the easements for nominal consideration, as outlined in this report, will
facilitate approval of the site plan.
Andrew Bryce T. Ravenda
Planner 2 Executive Director of Corporate Services
~cO~ i~e fMAaC DdmiOn~lt~dative O ffi c er
Recommended by:
Doug Darbyson
Director of Planning & Development
City Solici~r
AB/MM:tc
Attach.
S:~PDRL2004~PD2004-77, AM-01-03, Removal of Holding SymboI-Fallsview Golf. wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
N
Location: Lands north and west of Ramsey Road ~
W E
S
Applicant: Fallsview Golf Inc. I:NTS
AM-01/2003
~ I I
Th d i g WG lf C1 b ""'
un er naters o u ~'"
NIAGARA FALLS, ONTARIO, CANADA
DETAIL 'F'
NOT TO SCALE
SCHEDULE "~"
,SCHEDULE "~. ',
'~AR¢I~ c. (,/ Ig.//W JCHEDULE "b"
SCHEDULE "~'"
Corporate Services Department CD-2004-18
~j[~ Clerk's Division Dean Iorfida
The
City
of
Niogoro
P.O. Box 1023
Can~~ Niagara Falls, ON L2E 6X5
~1~~¢- !TM web site: www.city, niagarafalls.on.ca
Tel,: (905) 356-7521
Fax: (905) 356-7404
E-maih diorfida@city, niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2004-18
Fees & Charges
RECOMMENDATION:
That Council approve the increase to various fees; and
That staff be directed to look into possible future revenue streams.
BACKGROUND:
A schedule of the Savings and Restructuring Act, ] 996, later incorporated into the Municipal Act,
2001, created new powers for municipalities with respect to the imposition of fees and charges. The
provision enabled municipalities (and their local boards) to pass by-laws imposing fees or charges
on any class of persons. Generally speaking, municipalities can charge "user fees" for services and
activities which they provide. Although the fees are for the purpose of raising revenue, most
municipal experts posit that such charges should be "reasonable". It should be noted that the
Province can pass regulations exempting any class or person from user fees.
The new Municipal Act also requires a public listing of which services and activities will be subject
to fees and charges and the amount of each fee or charge. As a result, the municipality has passed
a series of by-laws which have shown the consolidated fees and charges. In addition, staff is
attempting to harmonize its review of fees and charges to twice a year. The consolidated fees &
charges by-law, and associated booklet for the public, will be brought forward to the next council
meeting.
The following are changes to the fees and charges and the rationale behind any changes.
Working Together to Serve Our Community
Clerks Finance Human Resoumes · Information Systems Legal · Planning & Development
1 I I
August 16, 2004 - 2 - CD-2004-18
Subdivision and Site Plan Agreements
As the attached correspondence from the City Solicitor indicates, subdivision and site plan
agreements consume a large amount of staff time. The municipality has not increased its' fees in this
area for approximately five years. The increases proposed will bring the municipality in line with
others in the Niagara Region.
Parks, Recreation & Culture
Lighting charges are to increase 5% to offset additional utility charges. The charges are to go into
place for January 2005 to allow user groups to adjust their registration fees accordingly.
Planning
Fees in the Planning division have not been increased since 2001. Our fees do not cover the full
expense of processing the application. In addition, our fees are low relative to other municipalities
in the Region. In some cases we are proposing to combine two separate fees that we normally collect
for an application into one fee. This will make the system of collecting fees simpler and more
efficient.
Other fee increases have been approved by Council throughout the year. A summary of these
charges and the rationale are as follows:
Building Permit Fees
These fees are indexed annually in accordance with the StatsCan Quarterly Construction Price
Statistics Catalogue. The changes usually occur late in the year for implementation on January 1st.
Cemetery Fees
These fees are effective April 1~t as per requirements of the Ministry of Consumer and Commercial
Relations, Cemeteries Branch. Staff consults with the local Death Services Industry and looks at fees
charges at other area cemeteries. This past year only two minor changes were made. The rest of the
fees did not increase (cf. R-2004-03).
Oversize/Overweight Load Permit Fees
In May, Council approved a fee structure and application process to deal with movements of excess
loads within the municipality. Fees were set to be in line with charges imposed by the Region of
Niagara (cf. MW-2004-51).
Indexing of City Development Charges
As per the City's Development Charges by-law, charges are iudexed aanually on August 1~ as per
the StatsCan Quarterly Construction Price Statistics Catalogue. Council approved these changes at
their last meeting.
August 16, 2004 - 3 - CD-2004-18
Water Rates
Water rate increases were approved as a part of the Municipal Utility Budget (cf. F-2004-12). Despite
increases, a rebate program was approved for seniors receiving federal government assistance. This
program was the subject of a report at Council's most recent meeting.
Recreational Facility Increases
Recreational facility increases for 2004 are based on Council's approval ora fee schedule in late 2002. The
rationale for the increases was to assist in reducing the increased costs in areas such as staffing, utilities,
general inflation, etc. Despite the fee increases, the recovery rate for our arena operation is approximately
65%.
It should be noted that not all charges imposed by the City necessarily increase. Last fall staff brought
forward a report recommending that Site Plan Application and Agreement Fees for Testamentary Devise
Lots be substantially decreased. The review process for such site plans is less detailed than other site plan
applications, therefore, the fees were adjusted accordingly.
In addition, there are still a number of services in which the municipality does not charge. Some of the
gratis services are in the public interest such as free admission to Canada Day. Other free services,
however, should be analyzed. Certain services such as Commissioner of Oaths services and mapping are
not charged despite considerable staff time and the fact that other municipalities charge for such services.
CONCLUSION:
In general the fees that the municipality charges are not onerous. The public is still getting good value for
their dollar, with a lot of services being offered below cost or gratis. Nonetheless, in some cases fees have
not been increased for many years; therefore, it is recommended that, in addition to approving the fee
increases presented, an interdepartmental committee of staff look at the following:
$ possible additional revenue streams, especially for services that require substantial staff time.
$ harmonizing fees charged by divisions. For example, some divisions charge photocopying fees,
others do not.
$ attempting to bring all changes in fees on a regularly scheduled basis.
$ divisional fee reviews on a regular basis i.e. not every five years.
$ greater public awareness of fees and charges.
Recommended by: Respectfully submitted:
..~ John MacDonald
City Clerk ~L} Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Corporate Services Department
The City of Legal Services l'l[ri~. FRILLS CLEF~(S '04 07(-)-q. ~.5:0'? R.O. Kallio
Niagara Fails 4310 Queen Street City Solicitor
.P.O. Box 1023
Canada Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: r kallio@city, niagarafalls.on.ca
July 9, 2004
Iorfida Consulting Inc.
7111 Loring Crescent
Niagara Falls, Ontario L2J 3S8
Attention: Mr. Sam Iorfida
Dear Sirs:
Re: Fee Amendments - Preparation of
Subdivision and Site Plan Agreements
As you are aware, Subdivision Agreements and Site Plan Agreements consume a large amount of
Staff time in the preparation and delivery to the development industry. There has not been an
increase in the fees for at least five years.
In reviewing what other municipalities in the Niagara Region charge for the preparation of
Subdivision Agreements we note that our fees are low. For example, Grimsby charges $3,600.00,
Port Colborne $3,500.00, Thorold $3,500.00 and Fort Erie $3,000.00.
It is our intention to propose amendments to the City's fee schedule to increase the fees for the
preparation of Subdivision Agreements to $3,500.00 and the preparation of Site Plan Agreements
to $1,500.00. As well, for the preparation of all other Agreements, it is our intention to revise the
fee schedule to provide that the fees will be between $300.00 to $1,500.00, depending upon the
complexity of the Agreement. These fees are in addition to all electronic registration fees and
charges, where applicable.
This matter will be considered by Council at the Special Council meeting of July 26, 2004,
commencing at 7:00 p.m. If you have any questions or comments, please do not hesitate to contact
me.
Yours truly,
Ray Kallio
City Solicitor
ROK/sm
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Developmeat
Corporate Services Department
The City of Legal Services t. IIF~G, FRLLS CLERKS '04 07~ ~_ ~_d_8 R.O. Kallio
Niagara Falls 4310 Queen Street City Solicitor
P.O. Box 1023
Canada Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
July 22, 2004
Via Facsimile Transmission
No. (905) 262-5654
Fruitbelt Development
1959 Fruitbelt Parkway
Niagara Falls, Ontario L2E 6S4
Attention: Mr. Eric Henry
Dear Sirs:
Re: Fee Amendments - Preparation of
Subdivision and Site Plan Agreements
Further to my letter of July 9, 2004, please be advised that consideration of the above-named matter
has been deferred from July 26, 2004 to August 16, 2004 at 7:00 p.m.
We apologize for any inconvenience that this may have ~,sq~you.
~Kallio
Cit', Solicitor
ROK/sm
bc. John MacDonald
Chief Administrative Officer
Dean Iorfida
City Clerk
Mary Morrone
Law Clerk
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
Page 1 of 1
Dean Iortida - Re: Fee Increases
From: John Morocco
To: Dean Iorfida
Date: 8/9/2004 4:30 PM
Subject: Re: Fee Increases
CC: Adele Kon
Dean,
The increase in lighting charges approximately 5% will only go into effect in 2005. This will give the groups the
opportunity to adjust their registration fees. This increase is to offset our additional costs based on increased
charges by the utility.
Thanks,
John
>>> Dean ]orfida 8/9/2004 3:52:58 PM >>>
In preparation of my report to Council can you provide me with the rationale behind the "Schedule #1" fee
increases, the lighting increase and tree replacement.
Thanks
Dean
file://C:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW} 000... 8/12/2004
Corporate Services Department F-2004-49
Finance Kenneth E. Burden
~k~ 4310 Queen Street Director of Finance
The
City
of
Falls"--'----- P.o. Box ,023
Niagara
Niagara Falls, ON L2E 6X5
Canada_.~,~~ web site: www.city.niagarafalls.on.ca
~--~---"'""~"~ '~lllll~l~ - I ~ Tel: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-49 - 2004 General Purposes Budget Amendment
RECOMMENDATION:
That Council approve the revenue and expense amendments to the 2004 General Purposes Budget
BACKGROUND:
The Municipal Act, 2001, provides for public notification before the Council of the Municipality
adopts all or part of a budget or amending such a budget. Public notice was given, on July 26, 2004
by Council Resolution, that the Council would be considering an amendment to the 2004 General
Purposes Budget for the changes that have occurred since the adoption of the budget on May 10,
2004.
Since the adoption of the 2004 General Purposes Budget, several new issues have been brought to
the attention of the Council. The issues are included in this report and show their impacts on both
the revenues and the expenses of the 2004 General Purposes Budget. Addendums 1 and 2 provide
an expense and revenue summary financial statement and a detail explanation of the impacts.
REVENUES
PENALTIES AND INTEREST ON TAXES
Staff has re-evaluated the amount of penalty and interest revenue. The re-evaluating took into
account the impact of Report F-2004-41 (June 14, 2004) which amended the calculation of
interest/penalty charges for nonpayment of taxes. For the 2004 Final Tax billing, the amendment
applies the 1.25% charge to the outstanding tax installments as dne dates are passed, which may
result in less penalty and interest being charged. Previously, the charges were applied to the whole
amount of the final billing if the first due date was passed. The estimated decrease is $150,000.
Working Together to Serve Our Community
Clerks * Finance Human Resources · Information Systems Legal Planning & Development
August 16, 2004 -2 - F-2004-49
Staffwill continue to place a high priority on collection of taxes with consideration for taxpayers in
payment arrangements.
PAYMENT-IN-LIEU OF TAXATION
Due to the transfer of the Niagara College Education facility to Niagara-On-the-Lake, the City will
no longer receive the payment-in-lieu of taxation from the Dunn Street campus. The estimated
decrease is $23,500.
REVENUE SUMMARY
Total Revenue has decreased from the reduction in penalty/interest charges and payment-in-lieu of
taxes. The total Revenue Amendment is a decrease of $173,500.
EXPENSES
GOODS AND SERVICES TAX REBATE
On May 14, 2004, Bill C-30 received Royal Assent in Parliament. This Bill, in part, revised the
amount of GST rebate that municipalities are eligible to receive from 57.14% to 100%, effective
February 1, 2004. The impact will be a reduction to the cost of purchased materials and services.
As of July 31, 2004, the additional rebate has reduced expenditures by $543,023. Staff estimates the
total impact for 2004 will be $1,046,400; the amount attributable to the 2004 General Purposes
Budget is approximately $299,300.
ADMINISTRATIVE SERVICES
The 2004 General Purposes Budget included revenue from the sale of City property. Staff has
determined that the proceeds from the sale of the city property should be used to refund the Parkland
Dedication Reserve Fund as monies from this fund were used to purchase the same property. The
transfer to this reserve fund would be $95,179.
A review of the employee benefitg allocation has shown a reduction in the amount required to be
funded from the 2004 General Purposes Budget; this budget included library employee benefit costs
which were already accounted for in the Niagara Falls Library Board grant submission. The
reduction in the amount required is approximately $257,900.
In April 2004, St. John Ambulance Niagara made a presentation on water patrol services. The
presentation demonstrated a need for access to the Fire Services radio air time, as arranged through
Maxtel. At that time, the Council offered its support in satisfying this need. Maxtel has generously
donated much of the equipment required for the upgrade including 27 radios, base station and
installation. The outstanding issue is the cost ofthe air time on the Fire Services trunk radio system.
August 16, 2004 - 3 - F-2004-49
The amount of this cost is approximated at $8,000 per year and is not included in the current contract
between Fire Services and Maxtel. This cost, xvith Council approval, could be afforded by an
additional grant to St. John Ambulance Niagara who, in turn, would pay for this cost directly to
Maxtel. The amount required for 2004 is approximately $3,500.
PROTECTION SERVICES
On July 12, 2004, Council approved the additional complement of one full-time, non-union
secretary; the increase in labour expense is $23,000.
In April 2004, St. John Ambulance Niagara made a presentation on water patrol services and Council
approved an interest free loan of $57,000 for the purchase of a new boat and equipment.
Subsequently, staff confirmed that a local branch of St. John Ambulance did not have the legal
authority to enter into a loan agreement. Staff undertook to advance the funds and purchase the boat
and trailer on behalf of St. John Ambulance Niagara. The total cost was $47,021.
On July 12, 2004, Council approved the refund of material costs to the Willoughby Volunteer Fire
Fighters. The refund of $20,198 will be funded from capital reserves.
TRANSPORTATION AND ENVIRONMENTAL SERVICES
The Regional contract for waste management provides bin services to corranercial and
multi-residential properties. During the year, properties request changes to the size and quantity of
their bins, however, the cost for the changes are considered extra to the regional contract. Since
January 1, the additional cost for bin changes is approximately $100,000. Staff estimates that the
total additional cost for 2004 will be $185,500.
PARKS, RECREATION AND CULTURE
On July 12, 2004, Council approved the annual expenditure for recognizing inductees to the Sports
Wall of Fame. The increase for 2004 General Purposes Budget will be $1,000 as the existing budget
already includes $4,000 for this purpose.
The Mount Carmel Park Association dissolved its operation in April this year; an outstanding
account receivable of $7,500 was forgiven by Council in recognition of the significant improvements
to this City park accomplished through the volunteer efforts of the association.
EXPENSE SUMMARY
Total Expense has decreased from several changes that have occurred since the adoption of the 2004
General Purposes Budget. The total Expense Amendment is a decrease of $173,500.
August 16, 2004 - 4 - F-2004-49
Recommended by: Respectfully submitted:
K.E. Burden ~ John MacDonald
Director of Finance -~ ~3, Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
KEB:jd
CITY OF NIAGARA FALLS ADDENDUM 1
2004 GENERAL PURPOSES BUDGET
SUMMARY OF REVENUE AND EXPENSE
2003 2004 $ Variance % Variance
More or (Less) than
BUDGET BUDGET the 2003 Bud9et
REVENUES
TAXATION CITY GENERAL & URBAN SERVICE 35,550,700 36,982,300 1,431,600 4.0
TAXATION WASTE MANAGEMENT 4,867,000 5,422,525 555,525 11.4
TAXATION OTHER CHARGES 0 8,500 8,500 100.0
PAYMENT IN LIEU OF TAXATION 4,420,000 6,851,300 2,431,300 1.0
GRANTS 2,486,500 3,267,500 781,000 31.4
OTHER MUNICIPAL GOVERNMENT 21,000 25,200 4,200 20.0
LICENCES 531,100 455,000 (76,100) (14.3)
PERMITS 2,166,800 1,458,000 (708,800) (32.7)
RENTS 126,600 63,500 (63,100) (49.8)
SERVICE CHARGES 1,082,400 279,143 (803,257) (74.2)
USER FEES 2,269,300 2,774,400 505,100 22.3
CONCESSIONS 286,300 200,000 (86,300) (30.1)
FINES 633,300 780,000 146,700 23.2
PENALTIES AND INTEREST 1,930,000 2,000,000 70,000 3.6
INVESTMENT INCOME 1,945,000 1,920,000 (25,000 (1.3)
DONATIONS 1,000 0 (1,000 (100.0)
SALES 328,600 551,500 222,900 67.8
OTHER REVENUE 2,616,000 2,600,000 (16,000) (0.6)
TRANSFERS FROM RESERVES AND RES.FUNDS 3,807,150 6,700,027 2~8921877 76.0
TOTAL REVENUES 65~068,750 72,338,895 7,270,145 11.2
EXPENSES
WAGES AND BENEFITS 28,301,327 31,178,022 2,876,695 10.2
LONG TERM DEBT INTEREST CHARGES 234,060 365,170 131,110 56.0
LONG TERM DEBT PRINCIPAL PAYMENTS 639,600 765,870 126,270 19.7
MATERIALS 8,913,175 8,589,307 (323,868) (3.6)
CONTRACT SERVICES 8,975,100 10,608,416 1,633,316 18.2
RENTS AND FINANCIAL 1,025,740 1,038,865 13,125 1.3
EXTERNAL TRANSFERS 6,876,848 7,635,772 758,924 11.0
TRANSFERS TO CAPITAL AND RESERVES 8,242,300 10,242,579 2,000,279 24.3
INTERFUNCTIONAL TRANSFERS 1 ~860~600 1,914~894 54,294 2.9
TOTAL EXPENSES 65,068,750 72~338~895 7~270~145 11.2
REVENUES LESS EXPENSES 0 0 0 0.0
ADDENDUM2
2004 General Purposes Budget
Budget Amendment
REVENUE
ADMINISTRATIVE SERVICES:
Penalty and Interest decrease of $150,000
Community College Payment-In-Lieu decrease of $23,500
Total Revenue Amendment: Decrease of $173,500
EXPENSE
Goods and Services Tax decrease of ($299,300)
ADMINISTRATIVE SERVICES:
Transfer to Reserve Fund increase of $95,179
Employee Benefits decrease of ($257,900)
St. John Ambulance Niagara; grant increase of $3,500
Employment contract for new assistant budget officer increase of $21,000
PROTECTION SERVICES:
Fire Administration Labour increase of $23,000
St. John Ambulance Niagara Water Patrol; boat and trailer purchase of $47,021
TRANSPORTATION AND ENVIRONMENTAL SERVICES:
Waste Management Regional Service increase of $185,500
PARKS, RECREATION AND CULTURE SERVICES:
Sports Wail of Fame increase of $1,000
Account Receivable forgiven for $7,500
Total Expense Amendment: Decrease of $173,500
Corporate Services Department F-2004-50
City Of tll~ll~ Finance Division Kenneth E. Burden
The
NiQgQrQ FQIIslJk 4310 Queen Street Director
Cor'l~~ P.O. Box 1023
Niagara Fails, ON L2E 6X5
~ - lTM web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-50 - Budget Process Review and 2005 Budget Schedule
RECOMMENDATION:
1. That Council receive and file the review of last year's budget process.
2. That Council approve, in principle, the 2005 Budget schedule. *and further that the budget be
approved by years'end, that no town hall meetings take place but public input continues to be solicited
and that budget deliberations occur in the Council Chambers to allow the public to witness the
discussions.
BACKGROUND:
At the request of Council, Staffhas undertaken a review of the 2004 budget process. This report
addresses the key highlights and factors that influenced that process.
A) Strategic Direction
As in years past, Council provided the strategic direction for the 2004 budget process. Strategic
direction in the form of goals and objectives provides the expectation for the kinds and quantities
of service to be delivered. Council undertook to have a closed-door discussion to agree upon a six-
point strategic plan for the Council 2004-2006 term. In previous years, Council provided a similar
form of direction through discussion in Corporate Services Committee meetings. The Council
strategic plan is listed on Attachment A.
B) Public Process
The Municipal Act, 2001, changed the budget process to include at least one public meeting,
following notice to the public, for the consideration of a Municipal Budget. For 2004, City Council
held a series of televised public meetings that provided opportunity for interested parties to make
deputation to City Council. The process concluded with a duly-noticed public meeting for the final
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems Legal · Planning & Development
August 16, 2004 - 2 - F-2004-50
consideration and approval of the Municipal Budget. In years past, the public process was engaged,
however, the meetings for budget discussion usually took place in the Corporate Services Committee
(formerly known as the Finance Committee). For 2004, the major change was the venue for the
public process, providing audience to the public through television broadcasting.
C) Community Participation
For 2004, Council requested community involvement in the budget process. A series of community
meetings was held in various community centres with an open invitation for the public to attend.
During these meetings, the public participated by completing the Community Workbook, asking
questions and providing comments. The community meetings were attended by the public, the
Council and City Staff. A summary of the responses and observations was prepared by the City
Clerk and a copy of that memo is Attachment B.
D) Timing
The 2004 budget process was necessarily delayed by the municipal election held in November 2003.
As in previous years, when a municipal election is held, the budget process is delayed to allow the
newly-elected Council to consider the following year's budget. Immediately following the election,
the budget process began and continued to its completion in May 2004. The 2004 budget process
was prolonged to allow for the Council's strategic planning session, the community meetings and
the televised broadcasting of the Council's consideration of the budget. In the final budget
deliberations, some Council members conunented that they needed more time to fully understand
and debate the budget content.
In previous years, the normal budget process would begin in September and be completed in
December. This timing of the budget process provided Staff with the information needed to carry
out the budget direction for the budget year starting in January. This timing was especially
advantageous for the preparatory work necessary for the capital projects.
E) Financial Statement Format
The 2004 budget process included a major change in financial statement format. The format change
resulted from the implementation of new financial software and provided an opportunity to present
more informative financial statements to the Council for their consideration. Two major changes
marked the difference in the format. The first change was the introduction of responsibility centres
that redefined the various City services that are being provided. The second major change was the
consolidation of like expenses into generic names of costs(for example, labour, materials, contract
services). These two changes provided the framework by which all of the City services could be
identified and evaluated in a consistent, standardized structure. The new financial statement format
also provided the information for performance measures mandated by the provincial government.
In previous years, the financial statement format was the compilation of a variety of stylized reports
that were peculiar to the department or service being delivered. In previous years, the depth of detail
in budget information ranged from very little detail to almost every detail.
August 16, 2004 - 3 - F-2004-50
A survey of staff was conducted to determine how the format change impacted the budget process.
The introduction of new financial software, limited access to account information, significant change
in the redefinition and consolidation of accounts, and the prolonged timing of the process, resulted
in an unsatisfactory, frustrating experience. The survey also showed a lack of understanding still
persists due to the need for continuing instruction and cooperation between the finance office and
other divisions. Although this change has been difficult to implement, Staff's commitment to the
full implementation of the new budget process has been encouraged by the Council's appreciation
and endorsement.
The Proposed 2005 Budget Schedule
The following timeline has been established by Staffto prepare, recommend and approve the 2005
Budget. Council's endorsement, in principle, is requested.
August - Provide a post mortem report of the 2004 Budget process.
September - If Council wishes, conduct opportunities for public participation
October - Council review of public input and setting strategic direction for Budget 2005
November - Staff preparation of final budget for Council
December - Council consideration o£budget
January - Final budget approval
Recommended by: Respectfully submitted:
K. E. Burden
John
MacDonald
Director of Finance ~ ~ Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Corporate Services Department CPS-2004-02
. .~z,~ Human Resources Tony Ravenda
The City of 4310 Queen Street
Executive
Director
NiQgQrQ FoIIslI~,~' P.O. Box 1023
~Niagara Falls, ON L2E 6X5
Canada ~,
~J~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-maih travenda@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CPS-2004-02 - Sewer Consumption Rate Refund
RECOMMENDATION:
THAT Council review each of the options listed and direct Staff to proceed with addressing the
Sewer Consumption Rate Refund.
BACKGROUND:
As part of a major capital upgrade to the Region's sewage treatment plant on Stanley Avenue the
original Cipoletti effluent weir was replaced with a new rectangular weir in April 2000. As a result
of the change the ultra sonic measuring device used to determine the flow rate, in imperial gallons,
had to be calibrated to conform to the new dimension of the rectangular weir. As a result of
problems with the recalibration a new ultra sonic meter was installed on May 25, 2000. At the time
of the installation the calibration report indicated that the maximum flow was 34.85 million gallons
per day (mgd). It was assumed that the measurement was in imperial gallons.
In June of 2001 a calibration was done of the flow measuring device and the report indicated that
it was measuring accurately and that the peak flow was 34.85 mgd. In October 2002 another check
of the flow metering device was carried out. The calibration report was not received until January
2003. As part of its ongoing Best Management Practises the Region hired Associated Engineering
to perform a Region wide billing meter audit. It was during this audit, which reviewed the January
2003 calibration report, that it was discovered that the flow measuring device was measuring in US
gallons and not imperial gallons. Upon further investigation it was confirmed that the totals being
recorded were in fact in US gallons and then being converted into metric, based on imperial gallons,
for billing purposes. As a result on June 12, 2003 the flow meter at the plant was recalibrated to
measure in cubic meters in order to be consistent with the billing to the City.
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems · Legal Planning & Development
August 16, 2004 - 2 - CPS-2004-02
In March 2004 both Associated Engineering staff and Regional staff conducted an in-depth review
of the calibration work, metering and records dating back to 1993 in order to confirm that prior to
June 2000 the Cipoletti weir had been calibrated in imperial gallons. Based on this review Regional
staff concluded that the problem in the billing quantities for sewer flows is limited to that period
from May 25, 2000 to June 12, 2003.
City Staff has reviewed the Associated Engineering report and has met with Regional staff at the
sewage treatment plant to go over the matter. Based on the information provided to date, City staff
has no reason to believe at this time that an error in measuring of the flows has occurred outside the
periods indicated. City staff has received additional information from the Region with respect to
how the $5.4 million rebate figure was arrived at. Based on the information provided, Staff does not
foresee any significant changes to this amount.
Options
In reviewing this matter, Staff has examined four (4) options for Council's consideration;
1. Actual Consumption Refund
The actual consumption refund is a return of the actual overpayments received from
water/sewer customers for sewer consumption billings during the period June 2000 to June
2003. City staff would undertake individual account analysis to provide information on the
exact amount of overpayment for each water/sewer customer Account analysis would include
examination of the billing history in determining how much consumption took place, and
also examining the payment history. Most water/sewer rate customers will have accounts
that are still active today. Several others will have closed their accounts and will need to be
contacted. Some accounts will have involved the transfer of water/sewer arrears to tax
accounts, and still others will have involved the payment by other parties, such as landlords.
This analysis is the most involved and will require considerable staff time to complete the
task.
The sewer consumption rate must be recalculated for each year from June 2000 to June 2003
based upon the amount of sewer refund applicable for each year. This analysis will take
approximately 6 weeks and cost approximately $6,000. Customer records must be examined
to determine qualifying users of sewage treatment and will involve computer programming,
data analysis, and cross referencing. This analysis will take approximately 15 weeks and cost
approximately $44,000. Approximately 64,000 accounts must be examined for usage
quantity and refund entitlement. This analysis will take approximately 52 weeks and cost
approximately $360,000. The final task is the payment of approximately 64,000 refunds;
either by credit to current customers, or by cheque to other recipients. This task will take
approximately 8 weeks and cost approximately $40,000. The use of appropriate software
and the hiring of contractual personnel ~vill greatly assist in completing the task in a timely
and accurate manner. Staff estimates a total cost of $450,000 to complete the task.
August 16, 2004 - 3 - CPS-2004-02
2. Average Consumption Refund
The average consumption refund is a return of an average overpayment received from
water/sewer customers for sewer consumption billings during the period June 2000 to June
2003. City staffwould undertake to prepare average refund amounts for the various sizes of
meters in both residential and commercial installations. The average refund would be based
upon a random sample analysis of all the accounts that existed during the period June 2000
to June 2003. The average refund would be credited to, or paid to, water/sewer customers
according to a date of record. The date of record, as chosen by City Council, would be a
point in time during the period June 2000 to June 2003. Most water/sewer customers will
have accounts that are still active today. Several others will have closed their accounts and
will need to be contacted.
The sewer consumption rate must be recalculated for each year from June 2000 to June 2003
based upon the amount of sewer refund applicable for each year. This analysis will take
approximately 6 weeks and cost approximately $6,000. Customer records must be examined
to determine qualifying users of sewage treatment on the date of record and will involve
computer programming, data analysis, and cross referencing. This analysis will take
approximately 7 weeks and cost approximately $20,000. Approximately 6,000 accounts may
be examined for average usage quantity and refund entitlement. This analysis will take
approximately 22 weeks and cost approximately $34,000. The final task is the payment of
approximately 28,000 refunds; either by credit to current customers, or by cheque to other
recipients. This task will take approximately 8 weeks and cost approximately $20,000. The
usc of appropriate software and the hiring of contractual personnel will greatly assist in
completing the task in a timely and accurate manner. Staff estimates a total cost of $80,000
to complete the task.
3. Credit Consumption Refund
The credit consumption refund is an adjustment to the 2004 and future sewer consumption
rates. City staff would undertake to recalculate the existing 2004 sewer consumption rate
and future sewer consumption rates, using the Regional refund as a substitute revenue during
the time that it will be received. Council will establish a future date to start the credit
consumption refund.
The sewer consumption rate must be recalculated for the balance of the 2004 year per the
start date set by Council (eg. October 1, 2004), and based upon the amount of sewer refund
applicable to the current year. This analysis will take approximately 6 weeks and cost
approximately $6,000. The balance of the sewer refund will be applied to the 2005 sewer
consumption rate. The current Customer records must be examined to determine qualifying
users of sewage treatment and will involve computer programming, data analysis, and cross
referencing. This analysis will take approximately 4 weeks and cost approximately $10,000.
Approximately 28,000 accounts will be examined for actual usage quantity and refund
entitlement. This analysis will continue until the sewer refund has been fully paid out;
approximately 26 weeks and cost approximately $21,000. The final task is the payment of
August 16, 2004 - 4 - CPS-2004-02
approximately 28,000 refunds; either by credit to current customers, or by cheque to other
recipients. This task will take approximately 26 weeks and cost approximately $20,000. The
use of appropriate software and the hiring of contractual personnel will greatly assist in
completing the task in a timely and accurate manner. Staff estimates a total cost of
approximately $57,000 to complete the task.
4. Infrastructure
As discussion has taken place with respect to investing the Regional Wastewater Refund in
the wastewater collection system, the following information is provided for Council's
review. The City owns approximately 378 km of sanitary sewer pipe with an average of 43
years old with the oldest section constructed in the late 1800's. It is estimated that the
replacement value in today's dollars for the wastewater collection system is approximately
$255 million.
In order to determine an appropriate level of funding for capital replacement purposes, an
expected lifespan must be used to trigger replacement of the sewer pipe. Typically in the
industry, lifespans of 70 to 100 years have been used. The Regional Municipality of Niagara
recently used a 70-year lifespan for replacement cost purposes in their Water and Wastewater
Master Servicing Plan. The following chart illustrates the funding required in order to
provide the investment capital to satisfy the replacement costs at the end of the assets life and
the, "Do Now," category for those pipes that exceed the expected lifespan.
EXPECTED LIFE SPAN 70-year 100-year
Investment Capital Required $76 million $41.8 million
Do Now $39.5 million $23.8 million
In addition to the funds required to maintain the existing wastewater collection system the
City is in the midst of a Sewer Separation Program. Approximately 26% of the sewer
collection system is combined. The cost to separate these systems is approximately $70
million. The cost is based on looking at the system as a whole and does not include a street
by street analysis nor does it include any associated road improvements that may be required
as a result of the reconstruction.
As part of the 2004 Capital Works Program Deliberations, two sewer separation projects
were delayed beyond the five-year period due to the impacts on the City's debt. These
projects included the Bridge Street separation which included storm sewers on Bridge Street,
First, Second and Third Avenues. Another project that was considered was installation of
storm sewers on Riall Street which would pick up a number of storm sewers in the area that
are currently draining into the combined sewer on Riall Street. The costs for these projects
are $4 million for Bridge Street and $1.7 million for Riall Street.
In February 2004 Infrastructure Canada announced a new Municipal Rural Infrastructure
Fund (MRIF). At least 80% of the funding under the MR1F will be dedicated to
August 16, 2004 - 5 - CPS-2004-02
Municipalities with a population less than 250,000. MRIF will be cost shared, with the
Government of Canada contributing on average 1/3 of the total projects eligible costs. The
remaining funding requirements are to be shared equally between the Municipalities and the
Province thus providing a 1/3 Federal, 1/3 Provincial and 1/3 Municipal funding scheme.
A minimum of 60% of the funding under the MRIF with the minimum of 40% per
jurisdiction will target those infrastructures that will provide a better quality of life and
benefit through sustainable development. These projects include water, wastewater, solid
waste, municipal energy improvements and public transit.
Industry Canada has begun negotiations with the Province of Ontario with respect to the
application of the program. The negotiations were suspended during the recent Federal
election and Industry Canada staff cannot provide an indication at this time as to when the
program will be implemented. As there is no detailed information available as to the
program itself City staff cannot provide any indication as to the amount of funding that the
City of Niagara Falls would be eligible to receive.
Council's direction regarding this matter would be appreciated.
Recommended & Approved by: Respectfully submitted:
Tony Ravenda
Executive Director of Corporate Services ve Officer
Kim Craitor~ M.P.P. ~m,:. FnLLS CLERKS '04 07~2 ~.0:48
Niagara Falls
Tuesday, July 20, 2004
His Worship Mayor Ted Salci and Members of Council,
The Municipality of the City of Niagara Falls,
4310 Queen Street,
Niagara Falls, Ontario,
L2E 6X5
Your Worship and Members of Council:
Re: 5440 Drummond Road~ Niagara Falls
Earlier this spring the residents of the seniors' apartment at 5440 Drummond Road
petitioned my office to have noise barrier placed along the highway 420 right-of-way so
they could enjoy the outdoors during the summertime on their side lawn.
On July 7, Mr. Chris Blainey of the Ministry of Transport's noise abatement department,
my staff, and myself met with the residents and the superintendent (at their request) to
listen to the noise problems at this location.
There is no question, in the mind of Mr. Baliney and those present, that this location like
the rest of 420 should have a noise abatement barrier. Noise barriers work quit well on
this strip and with the increasing Casino bound traffic on the 420 this is the only location
that is without a barrier.
The Ministry has guidelines that assist them in this matter. Key among which are...
· Any residential properties developed prior to 1977 would qualify for noise
protection. The province has moved expeditiously over the years to provide that
protection.
· Properties developed after 1977 are required by the local municipality planning
process to provide appropriate noise barriers.
· However at that time (and even today) institutional and industrial/commercial
uses were not deemed to require this treatment and municipalities have planned
accordingly.
· In 1977 this site was a public school and as a result does not qualify for funding
under the Ministry noise abatement program.
· In the 80's this site was developed to provide low cost housing and rent geared to
income residential and apartment units for seniors.
3930 Montrose Road, U~t 8 Niagara Falls, ON, L2It 3C9 · T (905) 357 0681 F (905) 357-9456 E ~ kcraJtor.mpp.co~a~hbeml.olaorg
Klm Craitor, M.P.P.
Niagara Falls
· In the process, the municipality cognisant of those requirements required the
construction of a low berm behind the low cost town housing units abutting the
420 but exempted the apartment site from any noise abatement requirements.
Accordingly, the Ministry will not construct the necessary noise abatement wall because
it is clearly a local municipality responsibility and as such funding does not exist for this
type of project. The MTO will however permit the municipality to enter upon the fight-
of-way to install an appropriate noise abatement wall.
The residents asked me to write to the city their behalf, (which I am pleased to do), to ask
the city to meet directly with the residents (contact below) with a view to helping them
alleviate their noise problems from the 420 Highway.
Thank you for attention to this matter.
Yo~struly,
Kim Craltor, MPP
CC: Mr. Mark Bonin,
Apt: 101, 5440 Drummond Road,
Niagara Falls, Ontario
L2G 4K9
Phone: (905) 354-1962
3930 Mcmtros¢ Road, Unit 8 Niagara Falls, ON, 1.2}t 3C9 ® T (905) 357 0681 F (905) 357 9456 E kcraitor mpp co¢~liberalola org
May 17t~, 2004
.AT.o. heArthritis
.c~ [×c~,encyThe Honourable Mayor Ted Salci '""
The Right ~onourable Niag~a Falls City Hall
Governor GeneraI of C~noda 4310 Queen Street
~ sic. ~.~ Niag~a Falls, ON
~obert Aylward L2E 6X5
Heather A Howe De~ Mayor S~ci: ~ICE 0F T~ MAYOR
John R Bujouves
~itis c~ t~e over 100 different fo~s, ~d ~ects over 4 million C~di~.
TR~ASURt, Co~c~ative estimates say ~at by ~e ye~ 2020, over 6 million C~adi~s will be
Robert [inlay
SOUC~TOR suffering ~om ~is c~onic condition. 2.7 million workdays ~e lost per ye~ due to ~is
Christopher A. Hewat long-te~ disabili~, at a cost of $13.5 billion to ~e C~adi~ economy. Needless to
mR~CTORS say, ~ a co~ity, we m~t do o~ p~ in providing ~sist~ce for ~e ~llions
Kenneth Acheson ~o~d ~ who s~fer ~rom ~is condition. ~e ~tis Society provides occupation~
Honey Agar therapy, physio~erapy ~d soci~ work se~ices to ~sist ~e millions of C~adi~s who
WilPiam G. Bensen, ~1 ~, ~R CP(C~ SU~r ~om ~s condition.
John P. Bujouves
Duncan Campbell ~eptember b NationalArthritb Month, ~d it is d~ng ~is mon~ that ~e ~itis
Simon Carette, MD, F~ Cpsc)
Robert F~nlay Society conducts its ye~ly Residential Cmpai~. Wi~ ~e help ofo~ local
Natale Gallo co~ities, we r~se ~nds for ongoing education, rese~ch ~d public aw~eness
Judith Glynn
Shirley Haslam e~o~S.
Heathe[Glenn HiIlSHowe We would like to ~ge a flag raising ceremony M~ you outside of City Hall on
~overt D. l~man, ~ ~ ~ c ~(c~ Wednesday. September 1st, 2004 at 11:00m. Yo~ a~end~ce at this event wo~d
Jo.~ [. c~t~, ~ ~c~ promote o~ cmpaign. ~d m~e it more visible in your co~ity. We would also
Donald E. McGregor request ~at the flag be displayed for the entire mon~ of September. to promote
W~.dv R~,~ Nation~ A~itis Month, ~ well as ~e Residential Cmpaign conducted by the
A,.. [. s.~th ~itis Society.
Stuart D. Waugh
Robert"as* c..~.SAy,~d If yOU have ~y questions or conce~, please contact Tricia Mellor at ~e Niag~a
~o~¢.~ B*~tt Peninsula Office at (905) 646-7284.
[t, Gen. (Ret'd) James I. Davies
T. Richard Davies
Tony Fell
Mar~on Leslie
Richard E. Lint
Robert E. H. Macdona}d
Ronald J. Simpson
Residential
Coordinator
B~,~. (Ch~,~t.b~ campaign
~egistration) Number: Nlag~a
Peninsula
The Arthritis Society Niagara Peninsula 2-300 Bunting Rd., St. Catharines, ON L2M 7X3
Telephone: 905.646.7284 Facsimile: 905.646.0513 e-mail: imcintosh(~_,on.arthritis.ca
1.800.321.1433 or www.arthritis.ca
THE PORT COLBORNE / WAINFLEET
HEALTHY LIFESTYLES COALITION
...dedicated to community wellness
Mayor Ted Salci ~i~'~,~.~
City of Niagara Falls i ~( j~jl ~J.~ ~ ~lr ,,~/~ ! t 1
City Hall P.O. Box 1023 II~t' JJJJ
Jill
!
4310 Queen Street
Niagara Falls, ON L2E 6X5
0r'Rc~c 01: rna, M~d/0R July 8, 2004
Dear Mayor Salci,
I am writing on behalf of the Port ColborneNVainfleet Healthy Lifestyles Coalition to submit a request
for funding support for our 8th annual regional IMPACT Conference on Substance Abuse Prevention.
This year's conference will be held on November 2nd, 2004 at the Four Points Sheraton in Thorold,
ON. Over 200 high school students & school staff from across the Niagara Region are expected to
attend. The goal of the IMPACT Conference is to provide participants with current substance abuse
prevention information & resources that they can take back to their schools & share through a variety
of initiatives. These initiatives will reach well over 20000 Niagara high school students, including those
who attend high school in your town.
There is a definite need for the type of information presented at our conference. In recent years
adolescent drug use has increased among Ontario students (Gr. 7-OAC). According to the Centre for
Addiction & Mental Health's 2001 Ontario Student Drug Use Survey:
· 65.6% of all Ontario students (grade 7-OAC) reported drinking during the past year, while 70.6%
reported drinking during their lifetime
· Rates of binge drinking (5 or more drinks on one occasion) continue to exceed rates found in the
early 1990s
· Marijuana was used byjbst under one in three students (29.8%) and, on average, students who
used cannabis consumed the drug 15 times during the past 12 months.
Conference workshop topics include binge drinking, impaired driving, alcohol & advertising, cannabis
education, Safe Grad planning, social norms & drug use, and more. There will also be 12-15
community organization display tables and participants will be encouraged to visit them as they
complete a "Passport to Resources" that contains questions about the displays.
In addition to the one-day conference, a follow up is done with each participating school throughout
the spring to determine what substance abuse prevention initiatives were delivered, what worked &
didn't work, what topics/resources would be useful at a
future conference, etc. Results from last year's conference follow up showed
that over 80% of participating schools delivered a minimum of three substance
abuse prevention initiatives, such as guest speakers, assemblies, and
Drug Awareness Week campaigns. Participants felt that the information
and resources they received atthe IMPACT conference were very
helpful in delivering their initiatives.
260 Sugarloaf St. (PCGH), Main Floor East 15 and 18, Port Colbome, ON, L3K 2N7
Tel: (905) 834-4501 ext. 2146 Fax: (905) 834-0404 email: pcwhlc@itcanada.com
funded by: The Ontario Ministry of Health and Long-Term Care
Healthy Lifestyles is a community-based non-profit organization established in 1991 and funded since
1998 as a FOCUS Community Project through the Ministry of Health and Long-Term Care to deliver
substance abuse prevention programs in schools and the community. We are pleased to be
partnering with the Regional Niagara Public Health Department to co-plan & co-deliver this year's
IMPACT Conference. Our goal is to continue to provide this conference to participants free of charqe.
However, without support from the community, this will not be possible.
Our Planned Budget for the 8th Annual IMPACT Conference:
· Facility Rental- $1500.00
· Food & Beverage- $3500.00
· Printing (Registration Packages, Conference Kits, Signage) - $2000.00
· Mileage - $1000.00
· Postage - $250.00
· Telephone/Fax - $250.00
· Volunteer Thank You's - $200.00
· Misc. Supplies- $300.00
TOTAL: $9000.00
The following resources have been secured for this year's conference:
· In-kind donations by all workshop facilitators/volunteers (Volunteer workshop facilitators
include representatives from the Regional Niagara Public Health Department, Niagara Regional
Police, CAMH (Centre for Addiction and Mental Health), ARAPO (Association to Reduce Alcohol
Promotion in Ontario), Students from a local high school's OSAID (Ontario Students Against
Impaired Driving) Group, and the Student Life Education Company Inc.)
· In-kind donations by all community organization displays (We hope to have a variety of
community groups involved including the groups listed above and as well as Bootlegger's BADD
program, OPP, PAD, OCClD, TAID, and SMARTRISK)
· In-kind donation of all A/V equipment by the Four Points Sheraton
· $2000.00 contribution from the Port Colborne/Wainfleet Healthy Lifestyles Coalition
· $1000.00 contribution from the Regional Niagara Public Health Department
· $1500.00 grant from the Ontario Chiefs of Police Association
As you can see, we have substantial support from a variety of sources, but still require approximately
$4500.00 more. We are asking each of the twelve municipalities in Niagara for a donation of up to
$300.00 to help us to fund student participants to attend the conference.
We look forward to hearing from you and invite any further questions about our organization or the
conference.
Sincerely,
Ja~ '
Program CoorOinator,
The Port Colborne/Wainfleet Healthy Lifestyles Coalition
ROTARY CLUB OF NIAGARA FALLS SUNRISE
"SERVICE ~ "HE PROFITS MOST
ABOVE SELF" ~ WHO SERVES BEST"
PLEASE ADDRESS YOUR REPLY TO
2865 Henley Avenue
Niagara Falls, ON L2J 3M3
August 10, 2004
Mr. Dean Iorfida, City Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Iorflda:
Please consider this letter as a formal petition from the Rotary Club of Niagara Falls
Sunrise.
Once again, we request that the City Council of the Corporation of the City of Niagara
Falls adopt a resolution to recognize this year's "Art By The Falls" Art and Craft Show
as a designated "Community Festival". This year's show dates are October 2 and 3,
2004.
We also take this opportunity to cordially invite Mayor Ted Salci, all the City Aldermen
and City staff to visit Art By The Falls at Optimist Park, their new location for this fall
event.
Yours truly,
Rotary Club of Niagara Falls Sunrise
Richard Crabbe
Co-Chair, Art By The Falls
Corporate Services Department L-2{)04-31
The City of Legal Services R.O. Kallio
NiagQrQ Falls II ~11~' 4310p.o, BoxQUeen1023Street City Solicitor
CQn~d~.~~,~ Niagara Falls, ON L2E 6X5
~~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city, niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-31
Permanently Closing and Sale of
of part of Brock Street, Plan 338
Being Parts 1, 2 and 3 on 59R- 12450
Our File No. 2003-234
RECOMMENDATION:
1. That part of Brock Street being Parts 1, 2 and 3 on 59R- 12450 ("subject lands") located
north of Sherk Road and west of Niagara Parkway, shown hatched on the Reference Plan
attached as Schedule "A", be declared surplus and offered for sale to the interested abutting
owners as set out in Schedule "B", for fair market value.
2. That this will constitute notice to the public that at its meeting to be held on the 20th day of
September, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of
Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will
consider the proposed sale of part of Brock Street being Parts 1, 2 and 3 on 59R-12450
shown hatched on the Reference Plan attached as Schedule "A", to the interested abutting
owners as set out in Schedule 'B". The contact person is the writer of this Report.
3. That the interested abutting owners as set out in Schedule "B' attached, pay for all costs
associated with the sale including the cost ora reference plan.
Working Together to Serve Our Community
Clerks Finance Human Resoumea · Information Systems Legal · Planning & Development
August 16, 2004 -2- L-2004~31
BACKGROUND:
Report L-2004-18, a copy of which is attached as Appendix "1" was presented to Council on March
22, 2004 authorizing Staff to proceed with permanently closing the subject lands.
Disposing of the subject lands will relieve the City of alt maintenance and potential liability. It
should be noted that presently the subject lands only serve the abutting owners.
Staff retained the services ofRonald C. Ellens Appraisals Inc. for an appraisal on the subject lands.
The appraisal came in at $17,000.00 and each square foot calculates to .908119. The interested
abutting owners listed in Schedule "B" agree to pay for any and all costs associated with the transfer
of these lands.
Staffhas no objections to conveying the subject lands and recommends that the subject lands should
be offered for sale.
Respectfully submitted:
Mary Morro~r ~ John MacDonald
Law Clerk J xt~ Chief Administrative Officer
CiV Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
Pod of ~rock Street
Plan 338
SCHEDULE "/"
August 16, 2004 -2- L-2004-31
SCHEDULE B
Yvon Octave Joseph Desrosiers
and Margaret Desrosiers Part 1 on Reference Plan 59R-12450 $8,466.40
Clive Valentine and
Margaret Valentine Part 2 on Reference Plan 59R-12450 2,937.75
Robert L. Randall and
Deborah M. Randall Part 3 on Reference Plan 59R-12450 5,595.85
TOTAL $17,000.00
Corporate Services Department L-200448
necl~y0l 4310 Queen Streel /E..I ~I-~IA
Niagara Foils lJ ~1~_ P.O. Box 1023 City Solicitor
Canada .~' Niagara Falls, ON L2E 6X5
T~ web site: www,city, niagarafalls.on.ca
Tel.: (905) 356-7521 jThe recommendation(s)
Fax: (905) 371-2892 contained in this report were
E-mail: rkallio@cibJ, niagarafalls.on.ca adopted by City Council
March 22, 2004
His Worship Mayor Ted Salci
and Members of thc Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-1 g
Permanently Closing Part of Brock Street
and Conveyance of aa unopened Road
Allowance to Abutting Owners
Our File No. 2003-324
RECOMMENDATION:
That Staff be authorized to commence proceedings to permanently close the southerly 262 feet
(approximately) of an unopened road allowance known as Brock Street, being pa~ of Plan 338,
Willoughby, located west of Niagara River Parkway and north of Sherk Road, shown in heavy
outline on the Plan attached as Schedule "A" (subject lands).
BACKGROUND:
Staffrecoived a request from an abutting owner to permanently close the subject lands and convey
same to the abutting owners. The subject lands are part of unopened road allowance approximately
66 feet in width and 262 feet in length. The subject lands are lecaled at th~-~ear of three homes
fronting the Niagara River Parkway and one home fronting Sherk Road. Permanently closing and
disposing of the subject land will relieve the City of all maintenance and potential liability. It should
be noted that presently the ~ubject land only serves the abutting owners. The interested abutting
owners agree to pay for any and all costs associated with the transfer of the subject lands.
tVorMng Together to Serve Our Community
Clerks Finance · Human Resources . Information Systems Legal * Planning & Developmenl
March 22:, 2004 -2- L-2004-18
Staff has no objections to permanently closing and conveying the subject rands and recommends that
the subject lands be pemaanently closed and offered for sale to the interested abutting owners.
A subsequent report, dealing with the sale of the subject lands, will be presented for Council's
consideration once the road is permanently closed.
P by: Respectfully submitted:
al
V Chief Administrative Officer
by:
City Solicitor
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs. ._
642~
642530229
~M~IO~ A~E
64~53022~
64253022'7
642530223
64253023~
64252O012
~ar 11, 2~4 W E
T~anet Customer ~ice Centre: 1-800-208-5263 (Toronto: ~16-360-1190)
August 16, 2004 -2- L-2004-31
SCHEDULE B
Yvon Octave Joseph Desrosiers
and Margaret Desrosiers Part 1 on Reference Plan 59R-12450 $8,466.40
Clive Valentine and
Margaret Valentine Part 2 on Reference Plan 59R-12450 2,937.75
Robert L. Randall and
Deborah M. Randall Part 3 on Reference Plan 59R-12450 5~595.85
TOTAL $17,000.00
Corporate Services Department L-2004-34
City Of ~l~ Legal Services R.O. Kallio
The
Niagora FQIISl]~i~ 4310 Queen Street City Solicitor
Can~~ P.O. Box 1023
Niagara Falls, ON L2E 6X5
~l~v ~'~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-34
Licenee Agreement with The Bruce Trail Association
Declare lands surplus
Parcel 1- Part of Township Lot 5; and
Parcel 2- Part of an unopened road allowance which has
been permanently closed between Gore Lot between
Township of Stamford and Niagara (known as Gore Lot
9); and Township Lot 7 Stamford; Part of road
allowance between Gore Lot between Townships
Stamford and Niagara (known as Gore Lot 8) and
Township Lot 7 Stamford; lying between Mewburn
Road and DP362
Our File No. 1999-181
RECOMMENDATION:
1. That the following lands be declared surplus:
Parcel 1: Part of Township Lot 5 ("subject lands") shown on Schedule "A" attached;
Parcel 2: Part of an unopened road allowance which was permanently closed, by by-
law earlier this evening, being a road allowance between Gore Lot between
Township of Stamford and Niagara (known as Gore Lot 9); and Township
Lot 7 Stamford; Part of road allowance between Gore Lot between
Townships Stamford and Niagara (known as Gore Lot 8) and Township Lot
7 Stamford; lying between Mewbum Road and DP362, ("subject lands")
shown on Schedule "B" attached;
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems · Legal Planning & Development
August 16, 2004 -2- L-2004-34
BACKGROUND:
Report L-2004-16, a copy of which is attached as Appendix "1" was presented to Council on March
22, 2004 authorizing Staff to proceed with entering into a Licence Agreement with respect to the
subject lands with The Bruce Trail Association, for it and the general public to use a portion of the
subject lands being 10 metres in width, for recreational trails to form part of an escarpment trail
known as the Bruce Trail, for nominal consideration.
Prepar/e/d by: Respectfully submitted:
~LMaw~c~O o~e ~-'"~ ~..~ /'~ John~~'~
~ Chief Administrative Officer
~d by:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
SCHEDULE
Corporate Services Department L-2004-16
City ut Legal Services
,iogoroFi 43 0 Oueen S,ree, .. O.
Ci~
Can~~ P.o. ~x 1023
Niagara Falls, ON L2E6X5
~~ web site: ~.ci~.niagarafalls.on.ca
TeL: (~5) ~6-7521 , The r~ommendafion(s) J ~
Fax: (~5) 371-2892 ~ contained in this repo~ were
E-mail: rkaJli~i~.niagara[alls.on.ca ~ adopted by Ci~ Council
~ch 22. 2~
Ris Wo~hip Mawr T~
~d M~b~ of the M~cipal Co~l
Ci~ of Niag~a Falls, Ont~o
M~b~:
Re:
Lieenee Agreement with The Bruce Trail Ass~ation
for Pa~ of Township ~t 5; pa~ of road aEowanee
be~a Gore Lot be~een To--hip of Stamford and
Niagara; and pa~ of To.ship Lot 7 Sta~ord;
ly~g be~een Mewbu~ Road and ~P362
A~ to proe~d with pemanenfly dosing an anopeaed
road allowance as deseHbM
Our File No.: 1999-181
RECOMMENDA~ON:
1. That a Licence A~t for the l~ds berg d~bM ~ follows:
P~I 1 - P~ of To--hip ~t 5 being ~e ('~e subject l~ds'~ shown in heaw oufl~e on
SchMule "A attache;
P~I 2 - P~ of an uno~n~ rom allow~ ~n Gore ~t be~n To~p of
S~ ford ~d Niag~; ~d p~ of To.ship ~t 7 S~ford; l~ng ~e~ Mewbum Road
and DP362 being the ('~e subj~t l~ds") sho~ hatch~ on SchMule ~'B" at~ch~, b~ng
all ofP~ ~267-01~.
be enter~ into with ~e Brace Trail A~ation ("BTA'3, for it ~d ~e gene~ public to
use a ~nion of~e subject l~ds being 10 meff~ in Md~ ('~e T~]s") sho~ doR~ on
Sch~ul~ "C" ~d "D"r~ctlvely, for r~onal flails to fo~ p~ of~ ~ca~ment trail
~o~ ~ the Brace Trail, for nominal ~nsid~afion,
Worliing Together to Serve Our Contmuni~y
Clerks · Finance Human Resource.~ · Information Systems · Legal Planning & Development
Ntarch 22, 2004
- 2 - L-2004-16
2. That Staff be auth°r/zed to commenceproceedings to permanently close part of an unopened~
~.Ooad al!o.w .race between~ Gor.e Lot between Township of Stamford and Niagara; and part of'-
wnsmp ~.ot 7 Stamford; lying between Mewbum Road and DP362 located so~,u, th of
Warner Road, west of Mewburn Road and east of the Queen Elizabeth Highway. ( Road
Allowance") shown hatched on Schedule "B", attached to this re oft PIN ' ~
P ( 6426%0146).
BACKGROUND: ~
Parcel I was acquired by The Corporation of the Township of Niagara on September 23, 1958. Z
Parcel 2 is an unopened road allowance. ~
Recently the City received a request from BTA for it and the general public to use a portion of the f'~
subject lands being the Trails, for recreational purposes to form part of an escarpment trail known '~
as the Bruce Trail, to be used for cross-country skiing, hiking, walking and jogging, for nominal
consideration. The proposed Trails are shown on Schedules "C" and "D" respectively, attached
hereto. The Trails will be approximately 10 metres wide. The width may vary depending on the
natural obstacles encountered along the Trails.
In order to facilitate this request, the City will need to permanently dose the unopened Road
iAsllaowance as set out in Schedule "B" and enter in a Licence Agreement with BTA. The following
list of highlights that will be incorporated into the Licence Agreement with BTA~
· annual licence fee of $2.00;
fifty (50) year term;
" BTA is responsible for:
(i) grading and resurfacing the Trails;
(ii) designating areas within the Trails for use and for entrances and exits;
(iii) at its own expense md upon approval of the City and Director of Parks,
Re, creation & Culture, installing a sign to indicate access points and tl~t the
Trails are part of the Bruce Trail;
(iii) at its own expense and upon approval of the City and Director of Parks,
Recreation & Culture, install a sign to indicate that no motorize~ vehicles,
ATV etc. are permitted;
(iv) keeping the Trails in good condition and repair, free of°bstmction and clem
and clear.
(v) an annual clem-up on the Trails;
· BTA shall assume all liability and obligation for any md all loss, damage, or injury
(including death) to any persons or property. BTA shall take out and keep in force
comprehensive general liabilityinsurm~ce in the minimum amount of $2,000,000.00;
· the City and BTA may terminate the Licence Agreement upon six month's written
notice;
March 22, 2004 - 3 - L-2004-16
S taft does not have any objections with respect to entering into a Licence Agreement with BTA and
the general public to use the Trails, for recreational purposes to form part of' the escarpment trail
nominalknown as consideration, the Bruce Trail, to be used for cross-country skiing, hiking, walking and jogging, for
Staff does not have any objections to the request to permanently close the Road Allowance as shown
on Schedule "B".
Prepar,~/y: /
/~/- / Respect fully submitted:
Law Cler~ k/Chiof Administrative Officer
by:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MIV~b
APPENDIX
,L~
SGHEDULE,~,,__,
APPENDIX '~_~"
SCHEDULE
APPENDIX '~_"
Corporate Services Department L-2004-39
The ¢ify of ~ Legal Services R.O. Kallio
Niagara
P.O. Box 1023
Can~~ Niagara Falls, ON L2E 6X5
,,~11~~ - I~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city, niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L-2004-39
Nicola and Esther Golia purchase
of part of road allowance
now known as Part 2 on Reference Plan 59R-12498
Our File No. 2004-176
RECOMMENDATION:
l. That part of a road allowance that is unopened which was permanently closed by by-law
earlier this evening, between Township Lots 18 and 23 being Part 2 on Reference Plan 59R-
12498 ("subject lands") located east of Stanley Avenue and west of Portage Road and
Thompson Road, shown hatched on Schedule "A", be declared surplus and offered for sale
to the abutting owners, Nicola and Esther Golia, for fair market value.
2. That this will constitute notice to the public that at it~ meeting to be held on the 20th day of
September, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of
Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will
consider the proposed sale of part of a road allowance that is unopened between Township
Lots 18 and 23 being Part 2 on Reference Plan 59R- 12498, shown hatched on Schedule "A",
to Nicola and Esther Golia ("abutting owners"), for fair market value. The contact person
is the writer of this report.
3. That the abutting owners pay for all costs associated with the sale including the cost of a
reference plan and an appraisal.
Working Together to Serve Our Community
Clerks Finance Human Resources · Infon'nation Systems Legal · Planning & Development
August 16, 2004 -2- L-2004-39
BACKGROUND:
Report L-2004-35, a copy of which is attached as Appendix "1" was presented to Council on July
26, 2004 authorizing Staff to proceed with permanently closing the subject lands.
The subject lands were permanently closed by by-law earlier this evening. The subject lands are
included in the description of the lands owned by the abutting owners and is reflected in the PiN
page with a notation that the City has an interest in the subject lands. In an effort to clear a cloud
on title and permit the abutting owners to obtain absolute title of the subject lands, Staff is
recommending that the subject lands be offered for sale to the abutting owners. It should be noted
that presently the subject lands only serve the abutting owners.
The subject lands is somewhat triangular shaped and approximately 563 square metres or 6,066
square feet. It will be necessary for Staff to retain the services of a qualified land appraiser for the
subject lands and Staff is further recommending that all costs associated with the transfer of the
subject lands, including the cost of an appraisal and reference plan be paid for by the abutting
owners.
Staff has no objections to conveying the subject lands and recommends that the subject lands should
be offered for sale to the abutting owners.
~ ~.~x~_ Respectfully submitted:
Mary Morr~tie x.~M~''~ John MacDonald
Law Clerk/' ~ Chief Administrative Officer
al~ by:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
STANLEY AVENUE REGIONAL ROAD No. 102
o
·
~ ~. ~ N01'18~ 1~,83 P4 · incas.
Corporate Services Department L-2004-35
'l'he Cily of ~t~l¢ Legal Services R.O. Kallio
Niagara FclllsyJ~l~ 4310 Queen Street City Solicitor
Can~d.~,~~ P.o. Box 1023
Niagara Falls, ON L21E 6X5
~- ! ~" web site: www.city.niagarafalls.on.ca
,'"1
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city, niagarafalls.on.ca
July 26, 2004 X
His Worship Mayor Ted Salci Z
and Members of the Municipal Council LL[
city of Niagara Falls, Ontario
Members:
Re: L-2004-35
Nicola and Esther Golia
Permanently Closing Part of road allowance (unopened)
now known as Part 2 on Draft Reference Plan
Our File No. 2004-176
RECOMMENDATION:
1. That Staff be authorized to corrrmence proceedings to permanently close part of a road
allo~vance that is unopened between Township Lots 18 and 23, now known as Part 2 on draft
Reference Plan, located east of Stanley Avenue and west of Portage and Thompson Road
(the "subject lands"), shown hatched on Schedule "A" attached to this report.
2. That this will constitute notice that at its meeting to be held on the 16th day of August, 2004
at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00
p.m., the Council of The Corporation of the City of Niagara Falls will consider a by-law to
authorize the permanent closing of part of unopened road allowance between Township Lots
18 and 23. The contact person is the writer of this report. _
3. That delivery and filing of the Statement of Objection by staffbe confirmed.
BACKGROUND:
In 1813 a road allowance was laid out between Township Lots 18 and 23. A portion of the said road
allowance becmne Thompson Road which lies east of Portage Road and a portion of the road
allowance is the subject lands. Stanley Avenue is an original road allowance and Portage Road is
IVorking Together to Serve Our Community
Clerks Finance Human Resources Infom~ation Systems · Legal * Planning & Development
July 26, 2004 -2- L-2004-35
a forced Road through the Township of Stamford. In the construction of these roads the subject
lands were created. No road was ever constructed on the subject lands as it was not required in the
construction of either Stanley Avenue or Portage Road. The subject lands remain unconstructed,
unopened and is now included in the description of the lands owned by Nicola Golia and Esther
Golia ("abutting owners"), and is reflected in the PIN with a notation that the subject lands are
subject to an interest that the City has.
The subject lands have never been closed by By-law or conveyed to the abutting owners. A Notice
of Application for Absolute Title was received by Brandon Boone, solicitor for the abutting owners.
As there was a deadline for filing objections, and as the City owns the subject lands and same are
under the jurisdiction of the City, a Statement of Objection was delivered to Mr. Boone.
Staff has no objections to permanently closing the subject lands by way ora By-law. Staffisnow
recommending that the subject lands be permanently closed and offered for sale to the abutting
owners. Once an appraisal and Offer to Purchase has been obtained a further report will be submitted
for Council's fmther recommendations.
Prepared by: ReSpectfully submitted:
Mary Morrone John MacDonald
Law Clerk Chief Administrative Officer
Recommended by:
Ray Kallio
City Solicitor
Approved by: '
T. Ravenda
Executive Director of Corporate Services
MM/lb
attachs.
' A~D PART OF THE ROAD ALLOWANCE BE-IWEEN PAra OT LOT No. ~8
TOWNSHIP LOTS 18 & 2.3 TOWNShIp OR S~O~
( IN THE O[~HiC TOWNSHIP OF ST~FORO, COUN~ O~ ~L~D ) PART OF THE RO~ ALLOWANCE
CI~ OF NIAGARA FALLS TOWNSHIP LOTS 18 ~ 23
REGIONAL MUNICIP~I~ OF N~
] ~ ~ J P~T 0F LOT No. 18
i
~ (OH)
~ ~ P~ 64269-0046 (L~
c.~ ,~J [~ ,. {7~) PART 1
~ ~ ~ ............ ~ ~ ,(""~
~ Puffed LEOEN~
THOMPSON ROAD ~ DENOTES REF[R[NC~
Corporate Services Department CD-2004-19
The City of Clerk's Division Dean Iorfida
. 4310 Queen Street
N agara Falls .,& ....... City Clerk
Can~~Niagara~~' Falls, ON L2E 6X5
~--r~ web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: diorfida@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2004-19
Special Occasion Permit
Chippawa Lions Club - Car Show
RECOMMENDATION:
That Council indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
BACKGROUND:
An application in the required form has been submitted by the following organization and has
been reviewed and approved by the Building & By-law Services, Parks Recreation & Culture,
and Fire Services, and Council concurrence with the recommendation is requested.
ORGANIZATION/EVENT DATE LOCATION
Chippawa Lions Club Car Show August 28, 2004 Chippawa Lions Park
Recommended by: Respectfully submitted:
City Clerk ~/~Nr" Jo~ MacDonald
' I" Chief Administrative Officer
Approved by:
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal · Planning & Development
Corporate Services Department F-2004-52
~1~ Finance Division Kenneth E. Burden
lhe City of 4310 Queen Street Director
Ni(::lgclro FClII$1J~iir P.O. Box 1023
CQrl~W Niagara Falls, ON L2E 6X5
~-I~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-maih kburden @city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-52 - Municipal Accounts
RECOMMENDATION:
That Council approve the municipal accounts totalling $21,808,626.54 for the period ending August 16,
2004.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment is
listed on tonight's Council agenda.
K. E. Burden ~ John
MacDonald
Director of Finance [~ Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems Legal · Planning & Development
CZTY OF NTAGARA FALLS 1~C~'0~ d~ AP5200 Page:
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount'
1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 2856L4 20-1ul-2004 CONSULTING SERVICES 37,206.23
407 ETR EXPRESS TOLL ROUTE 285615 20-]ul-2004 REMITfANCE 37.42
407 ETR EXPRESS TOLL ROUTE 285756 27-]u1-2004 REMITI'ANCE 26.44
504802 ONTARIO INC O/A 1C] CONTRACTING 285436 13-]u1-2004 CONTRACT SERVICES 38,115~22
942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 285437 13-1ul-2004 MATERIALS 50.30
942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 285903 03-Aug-2004 MATERIALS 110.2].
984265 ONTARIO LIMITED 285438 13-.lul-2004 CONTRACT SERVICES 275,767.29
A] SLINGER SERVICE 285906 03-Aug-2004 MATERIALS 182.81
A-]. HYDRANT SERVICES LTD 285757 27-]ul-2004 MATERIALS 930.].2
AATEL COMMUNICATIONS INC 285904 03-Aug-2004 MAINTENANCE AND REPAIRS 437.00
ACA ENGINEERING SERVICES 286017 10-Aug-2004 CONSULTING SERVICES 272.25
ACCU LOCK AND SECURITY 285905 03-Aug-2004 MATERIALS 37.20
ACT[ON CORPORATION 285439 13-3ul-2004 MATER. TALS 2,299.32
ACTION CORPORATION 286018 10-Aug-2004 MATERIALS 2,671.29
ADT SECURITY SERVICES CANADA INC 285758 27-3ul-2004 CONTRACT SERVICES 167.18
ADVANTAGE RESTAURANT SUPPLY & SERVICE 285440 13-~ul-2004 EQUIPMENT 2,415.00
AFFILIATED CUSTOMS BROKERS LTD 285617 20-~ul-2004 MATERIALS 89.36
AFFILIATED CUSTOMS BROKERS LTD 286019 10-Aug-2004 MATERIALS 82.98
AIR CARE SERVICES 285441 13-1ul-2004 MAINTENANCE AND REPAIRS 1,247.72
AIR CARE SERVICES 285618 20-~ul-2004 MAINTENANCE AND REPAIRS 2,825.66
AIR CARE SERVICES 285759 27-]ul-2004 MAINTENANCE AND REPAIRS 184.49
AIR CARE SERVICES 286020 10-Aug-2004 MAINTENANCE AND REPAIRS 3,203.32
ALBANESE, LORI 285442 13-3u1-2004 ADMINISTRATIVE 72.65
ALBANESE,LORI 286021 10-Aug-2004 ADMINISTRATIVE 62.00
ALFIDOME CONSTRUCTION 286022 10-Aug-2004 CONTRACT SERVICES 5,212.99
ALISON'S SPORTS & AWARDS 285619 20-3ul-2004 MATERIALS 172.50
ALISON'S SPORTS & AWARDS 285760 27-~u1-2004 MATERIALS 80.50
ALL GREEN IRRIGATION 285620 20-]u1-2004 MAINTENANCE AND REPAIRS 263.65
ALL STAR FIRE PROTECTION SERVICES INC 285621 20-3u[-2004 MAINTENANCE AND REPAIRS 1,279.9].
ALL STAR FIRE PROTECTION SERVICES ]NC 286024 10-Aug-2004 MATERIALS 434.45
ALLEN TREE SERVICE 286023 10-Aug-2004 CONTRACT SERVICES 19,].74.40
ANTONIO, CHUCK 286025 10~Aug-2004 ADMINISTRATIVE 26.40
AQUICON CONSTRUCTION CO LTD 285624 20-~ul-2004 CONTRACT SERVICES 1,205,784.19
ARAMARK REFRESHMENT SERVICES 285625 20-~u1-2004 SUPPLIES 57.80
ATHLETESVIDEO LTD 285761 27-]u1-2004 MATERIALS 2,799.79
AIJTOGRAPHIX 285628 20-~u[-2004 MATERIALS 248.63
AUTOGRAPHIX 285909 03-Aug-2004 MATER~LS 12.65
AVENUE ROOTS 285762 27-.lul-2004 CONTRACT SERVICES 9,763.].9
AVENUE ROOTS 286026 10-Aug-2004 CONTRACT SERVICES 13,690.97
B & B LIFT TRUCK SERVICE 285764 27-~ul-2004 MAINTENANCE AND REPAIRS 897.99
B M AWNINGS 286034 ].0-Aug-2004 MAINTENANCE AND REPAIRS 119.61
BAIN PRINTING 286027 10-Aug-2004 SUPPLIES 959.96
BANK OF MONTREAL 285443 13-~ul-2004 REFUND 48]..34
BANK OF MONTREAL 285763 27-3ul-2004 REFUND 275.00
BANK OF MONTREAL 286028 10-Aug-2004 REFUND 135.00
BARCLAY &TODD'S 285629 20-~u1~2004 SUPPLIES 219.98
BASILE,CARMELINA 285444 13-3ul-2004 REFUND 726.04
BAI-I'LEFIELD EQUIPMENT RENTALS 285630 20-3ul-2004 MATERIALS 64.28
BCE EMERGIS ]NC 285445 13-]u1-2004 UTILITIES 75.25
BCE EMERGIS INC 286029 10-Aug-2004 UTILITIES 75.25
BELAIR RECREATIONAL PRODUCTS INC 286030 10-Aug-2004 EQUIPMENT 22,470.22
BELANGER, PNILIP& BELANGER, LOUISE 285446 13-]u1-2004 REFUND 103.50
BELL CANADA 285447 13-]ul-2004 UTILITIES 52.09
BELL CANADA 285448 ].3-~ul-2004 UTILITIES 9,856.69
BELL CANADA 285765 27-3u1-2004 UTILITIES 479.74
BELL CANADA 285766 27-.]u1-2004 UTILITIES 115.00
BELL CANADA 285911 03-Aug-2004 UTILITIES 78.82
BELL CANADA 285912 03-Aug-2004 ADMINISTRATIVE 272.52
BELL CANADA 286031 10-Aug-2004 UTILiTiES 53.19
cTrY OF NTAGARA FALLS ~C~01 ~ APS200 Page: 2
MUNICIPAL ACCOUNTS Ni ra R II I] I'
Supplier Name Cheque No Cheque Date Purpose Amount
BELL CANADA 286032 10-Aug-2004 UTILITIES 11,063.47
BELL MOBILITY PAGING 285767 27-3u1-2004 UTILITIES 41.30
BELL WIRELESS ALLIANCE 285449 13-3u1-2004 UTILITIES 254.02
BEREZUK JANE 285768 27-1u1-2004 REFUND 1,050.00
BICKLE MAIN INDUSTRIAL SUPPLY 285769 27-3ul-2004 MATERIALS 172.50
BIGGINS,8 285770 27-Jul-2004 ADMINISTRATIVE 90.00
BLAIR, RICK 285771 27-3ul-2004 REFUND 125.00
BOARDMASTER SAWMILL & TREE SERVICE 285772 27-]ul-2004 MATERIALS 345.00
BOBB BARRAI-I' PHOTOGRAPHER 285451 13-3ul-2004 MATERIALS 2,587.50
BODKIN LEASING 285452 13-flul-2004 LEASES AND RENTS 435.83
BODKIN LEASING 286035 10-Aug-2004 LEASES AND RENTS 435.83
BOGNER PHOTOGRAPHY LTD 285773 27-~u1-2004 MATERIALS 1,144.25
BOLIBRUCK, BOB 285453 13-Jul-2004 ADMINISTRATIVE 136.77
BOLIBRUCK, BOB 286036 10-Aug-2004 MATERIALS 423.24
BOONE,GORDON 285774 27-~u1-2004 ADMINISTRATIVE 257.80
BORDEN LADNER GERVAIS 285775 27-3u1-2004 CONSULTING SERVICES 19,083.22
BOREAL SPECIALTY WEAR 285632 20-~u1-2004 MATERIALS 246.10
BOUW,3OHN 286037 10-Aug-2004 REMITFANCE 250.00
BOWMAN,BRUCE& BOWMAN, LINDA 285454 13-~u1-2004 REFUND 522.14
BOYER,]ONATHON WAYNE 285633 20-3u1-2004 REEUND 876.83
BOYS & GIRLS CLUB OF NIAGARA 285634 20-Jul-2004 GRANT 18,577.38
BRAI-fY AND PARTNERS LLP IN TRUST 285755 22-3u1-2004 REMI-I-['ANCE 71,820.00
BRINKS CANADA LTD 285776 27-~u1-2004 CONTRACT SERVICES 817.98
BRITISH AUTO SUPPLY 285777 27-3u1-2004 MATERIALS 427.67
BRITISH AUTO SUPPLY 285913 03-Aug-2004 MATERIALS 652.93
BRITISH AUTO SUPPLY 286038 10-Aug-2004 MATERIALS 213.90
BROCK AUTOMOTIVE 285778 27-.)u1-2004 MATERIALS 510.68
BROCK UNIVERSITY ALUMNI ASSOC 285635 20-~u1-2004 ADMINISTRATIVE 100.00
BRYCE,ANDREW 285779 27-~u1-20C4 ADMINISTRATIVE 123.91
BRZOZOWSKI,ANDREW 285456 13-3u1-2004 MATERIALS S00.O0
BUNTIN REID 285457 13-~u1-2004 SUPPLIES 1,578.93
BUNTIN REID 285780 27-3ul-2004 SUPPLIES 79.93
BURKE, PATRICK 285458 13-3u1-2004 MATERIALS 108.08
BURKE, PATRICK 285781 27-3u1-2004 MATERIALS 109.16
BURROWS, BARBARA 285636 20-~u1-2004 MATERIALS 500.00
C N WATSON AND ASSOCIATES LTD 286057 10-Aug-2004 CONSULTING SERVICES 2,256.72
C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 285655 20-~u1-2004 LEASES AND RENTS 2,447.73
C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 285800 27-3u1-2004 LEASES AND RENTS 9,091.58
CAHILL, MARK 286040 10-Aug-2004 ADMINISTRATIVE 20.40
CAMPBELL MONUMENT CO LTD 285782 27-]ul-2004 CONTRACT SERVICES 20,973.70
CAM PIGO3-FO,AARON 285459 13-3u1-2004 ADMINISTRATIVE 169.20
CAMPIGO'I-rO,AARON 286041 10-Aug-2004 ADMINISTRATIVE 79.44
CANADA LAW BOOK 285784 27-3ul-2004 MATERIALS 292.00
CANADIAN DOOR DOCTOR 285783 27-3ul-2004 MAINTENANCE AND REPAIRS 882.75
CANADIAN LEAK DETECTION 285461 13-3u1-2004 MAINTENANCE AND REPAIRS 1,203.75
CANADIAN LEAK DEFECTION 286043 10-Aug-2004 MAINTENANCE AND REPAIRS 1,203.75
CANADIAN LINEN AND UNIFORM SERVICE 285462 13-3u1-2004 MATERIALS 115.24
CANADIAN LINEN AND UNIFORM SERVICE 285638 20-]u1-2004 MATERIALS 21.42
CANADIAN LINEN AND UNIFORM SERVICE 285785 27-3ul-2004 MATERIALS 107.94
CANADIAN NATIONAL 285463 13-3ul-2004 LEASES AND RENTS 32.10
CANADIAN NATIONAL 285639 20-3ul-2004 CONTRACT SERVICES 2,973.00
CANADIAN NATIONAL 285914 03-Aug-2004 CONTRACT SERVICES 1,038.11
CANADIAN PACIFIC RAILWAY CO 285464 13-3ul-2004 CONTRACT SERVICES 877.35
CANADIAN PACIFIC RAILWAY CO 286044 10-Aug-2004 CONTRACT SERVICES 877.35
CANADIAN PORTABLE SERVICES 285640 20-~ul-2004 LEASES AND RENTS 1,615.70
CANADIAN PORTABLE SERVICES 286045 10-Aug-2004 LEASES AND RENTS 1,053.42
CANTEC SECURITY SERVICES 285641 20-flul-2004 CONTRACT SERVICES 2,686.99
CARRICK, MARZENNA 285465 13-]ul-2004 ADMINISTRATIVE 235.69
CARSWELL 285467 13-~ul-2004 MATERIALS 139,96
CZTY OF NZAGARA FALLS 111eC[ly0f ~1 APS200 Page : 3
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount
CARSWELL 285786 27-.lul-2004 MATERIALS 212.15
CARTER CAR & TRUCK RENTALS 286046 10-Aug-2004 LEASES AND RENTS 723.35
CASNWAY BUILDING CENTRES 285916 03-Aug-2004 MATERIALS 139.35
CENTENNIAL CONSTRUCTION 288644 20-Jul-2004 CONTRACT SERVICES 66,459.33
CENTENNIAL CONSTRUCrIoN 285787 27~Jul-2004 CONTRACT SERVICES 43,347.04
CENTENNIAL CONSTRUCTION 286049 10-Aug-2004 CONTRACT SERVICE 170,691.75
CENTURY VALLEN 285468 13-3ul-2004 MATERIALS 254.03
CEITrURY VALLEN 285917 03-Aug-2004 MATERIALS 1,592.75
C~RIDIAN LIFEWORKS SERVICES 285645 20-]ul-2004 CONTRACT SERVICES 2,253.42
CERMINARA,JACK 285646 20-.lul-2004 REFUND 125.00
CHAMBERS WATER HAULAGE INC 285469 13-3ul-2004 MATERIALS 38.00
CHARLES JONES INDUSTRIAL LTD 285918 03-Aug-2004 MATERIALS 1,079.66
CHARLES 3ONES INDUSTRIAL LTD 286050 10-Aug-2004 MATERIALS 2,181.36
CHA'ITERS 285788 27-Jul-2004 ADMINISTRATIVE 1,45L45
CHAYTON,JASON 285470 13-2ul-2004 ADMINISTRATIVE 95.84
CHAYTON,.]ASON 286051 10-Aug-2004 ADMINISTRATIVE 213.48
CHIEF C H HALLIDAY SECRETARY-TREASURER 285789 27-]ul-2004 REMI'rrANCE 200.00
CNOPRA,AJAY 285790 27-~ul-2004 REFUND 4.00
CIBC ELECTRONIC BANKING OPERATIONS 286052 10-Aug-2004 REFUND 727.98
CIBCTELEPHONE PAYMENTS 285471 13-Jul-2004 REFUND 145.25
CIBC TELEPHONE PAYMENTS 285791 27-3ul-2004 REFUND 284.79
CIBC TELEPHONE PAYMENTS 286053 10-Aug-2004 REFUND 116.09
ClT FINANCIAL LTD 286647 20-~ul-2004 LEASES AND RENTS 341.87
C1T FINANCIAL LTD 285919 03-Aug-2004 LEASES AND RENTS 1,052.25
CITICORP VENDOR FINANCE LTD 285920 03-Aug-2004 LEASES AND RENTS 7,018.72
CIT'ICORP VENDOR FINANCE LTD 286054 10'Aug-2004 LEASES AND RENTS 1,935.45
Cl-rf OF NLa, GARA FALLS 285472 13-3ul-2004 MATERIALS 124,670.84
CITY OF NL4GARA FALLS 285648 20-~ul-2004 ADMINISTRATWE 646.00
CLITY OF NIAGARA FALLS 285891 28-3ul-2004 REM1Ti'ANCE 32,263.22
CITY OF NIAGARA FALLS 285921 03-Aug-2004 MATERIALS 149,191.58
CITY OF NIAGARA FALLS 286055 10-Aug-2004 ADMINISTRATIVE 2,748.00
CITY OF ST CATHARINES 285649 20-1ul-2004 LEASES AND RENTS 8,025.44
CTrf OF THOROLD 285792 27-3ul-2004 CONTRACT SERVICES 75,364.27
CLASS A FIRE & RESCUE 285473 13-3ul-2004 MATERIALS 20.09
CLASS A FIRE & RESCUE 285922 03-Aug-2004 MATERIALS 287.50
CLASS A FIRE & RESCUE 286056 10-Aug-2004 MATERIALS ~.,603.22
CLEAR THOUGHTS WINDOW CLEANING 285650 20-Ju[-2004 MAINTENANCE AND REPAIRS 460.64
CLIFTON HILL BIA 285474 13-3ul-2004 REMI'ITANCE 2,500.00
COGECO CABLE CANADA INC 285475 13-3ul-2004 UTILITIES 96.20
CC)GECO CABLE CANADA INC 285651 20-3ul-2004 UTILITIES 61.50
CC)GECO CABLE CANADA INC 285793 27-3ul-2004 UTILITIES 96.20
COGECO CABLE CANADA INC 285923 03-Aug-2004 UTILITIES 248.04
CC)GECO CABLE CANADA INC 286058 10-Aug-2004 ADMINISTRATIVE 310.10
COLLINS SAFETY O/A 3077225 CANADA INC 285924 03-Aug-2004 MATERIALS 678.45
COLLINSON,JACK 286059 10-Aug-2004 ADMIN:[STRATIVE 25.20
COMMERCIAL PHOTOCOPY LTD 285476 13-2ul-2004 MATERIALS 204.15
COMMISSIONAIRES 285652 20-3u1-2004 CONTRACT SERVICES 19,996.25
COMMISSIONAIRES 285925 03-Aug-2004 CONTRACT SERVICES 17,745.69
COMMISSIONAIRES 286060 10-Aug-2004 CONTRACT SERVICES 4,228.63
COMMUNITY RESOURCES CENTRE 285795 27-3uF2004 LEASES AND RENTS 471.50
COPYMAN PRINT SHOP 285796 27-3ul-2004 SUPPLIES 261.34
COPYMAN PRINT SHOP 285926 03-Au9-2004 SUPPLIES 55.20
COREINI,GUY 285477 13-3u[-2004 ADMINISTRATIVE 457.84
COSTELLO, BRIAN 286061 10-Aug-2004 ADMINISTRATIVE 137.20
CO3q-ON INC 285478 13~3ul-2004 MATERIALS 1,591,40
COT-tON INC 285654 20-3ul-2004 MATERIALS 2,434.12
COT-['ON INC 285797 27-3ul-2004 MATERIALS 4,395.30
COURTOIS & MATHER CREATIVE INC 285927 03-Aug-2004 MAIERIALS 2,942.50
CRAMAROTARPAULIN SYSTEMS 285798 27-3ul-2004 MAINTENANCE AND REPAIRS 115.00
CITY OF N][AGARA FALLS 11~ Ci~/01 ~l~ AP5200 Page: 4
MUNICIPAL ACCOUNTS Ni~ra r-ol~.
Supplier Name Cheque NO Cheque Date Purpose Amount
CRAWFORDADJUSTERS CANADA INCORP 285481 13-,1u[-2004 ADMINISTRATIVE 125.00
CRAWFORD ADJUSTERS CANADA INCORP 285929 03-Aug-2004 ADMINISTRATIVE 3,023.30
CREDIT UNION OF CENTRAL ONTARIO 285482 13-Jul-2004 REFUND 786.93
CREDi1- UNION OF CENTRAL ONTARIO 285799 27-3ul-2004 REFUND 457.09
CUPE LOCAL 133 285483 13-Ju1-2004 REMI'I-FANCE 3,620.80
CUPE LOCAL 133 285656 20-]ul-2004 REMITTANCE 3,600.66
CUPE LOCAL 133 285892 28-Jul-2004 REMITTANCE 3,619.04
CUPE LOCAL 133 286009 04-Aug-2004 REMITFANCE 3,661.43
CUPE LOCAL 133 286062 10-Aug-2004 REMITI'ANCE 3,646.23
CURRIE TECHNOLOGIES INC 285484 13-Jul-2004 MATERIALS 918.80
C'VL1ETICANIN,BORIS 285657 20-Jul-2004 REFUND 353.14
D,1AMES .1ACOBI IN TRUST 286065 10-Aug-2004 REFUND 128.54
DALGAS ENTERPRISES INC 285931 03-Aug-2004 MATERIALS 1,656.00
DATAWAVE INC 285485 13-,1ul-2004 REFUND 125.25
DAVEY TREE EXPERT CO 285486 13-,1ul-2004 CONTRACT SERVICES 153.01
DAVEY TREE EXPERT CO 285658 20-Jul-2004 CONTRACT SERVICES 3,494.62
DAVID SCHRAM & ASSOCIATES 285659 20-,1ul-2004 CONSULTING SERVICES 14,288.88
DAVID SCHRAM &ASSOCIATES 286063 10-Aug-2004 CONSULTING SERVICES 1,645.13
DECARIA, RON 285660 20-Jul-2004 ADMINISTRATIVE 87.60
DEGIULI, NAT 285661 20-]u1-2004 ADMINISTRATIVE 227.60
DELCAN CORPORATION 285487 13-,1ui-2004 CONSULTING SERVICES 29,497.23
DELL COMPUTER CORPORATION 285488 13-Ju]-2004 EQUIPMENT 17,350.07
DELL COMPUTER CORPORATION 285801 27-Ju1-2004 EQUIPMENT 15,334.10
DELL COMPUTER CORPORATION 285932 03-Aug-20CH EQUIPMENT 18,028.55
DELL COMPUTER CORPORATION 286064 10-Aug-2004 EQUIPMENT 4,318.25
DEMOL'S TIRE SALES & SERVICE 285662 20-Ju1-2004 MATERIALS 6,794.32
DEVRON PIPE SALES 285802 27-Ju1-2004 MATERIALS 592.29
DISTRICT SCHOOL BOARD OF NIAGARA 285663 20-Ju1-2004 LEASES AND RENTS 85.60
DOERING & BROWN CORP 285489 13-,1ul-2004 LEASES AND RENTS 6,432.09
DOERING & BROWN CORP 285933 03-Aug-2004 LEASES AND RENTS 3,139.78
DOERING & BROWN CORP 286066 10-Aug-2004 MATERIALS 8.56
DOWNTOWN BOARD OF MANAGEMENT 285490 13-,1ul-2004 REMITTANCE 20,000.00
DRAPER, KEN 286067 10-Aug-2004 REFUND 1,050.00
DREW CANADA 286068 10-Aug-2004 CONTRACT SERVICES 296.66
E3 LABORATORIES 285804 27-,1ul-2004 CONTRACT SERVICES 1,314.11
E3 LABORATORIES 286069 10-Aug-2004 CONTRACT SERVICES 1,701.98
ED LEARN FORD SALES LTD 285934 03-Aug-2004 MATERIALS 330.65
ELECTROMEGA LTD 286070 10-Aug-2004 MATERIALS 632.50
ELECTRONIC DATA COLLECTION CORP 285805 27-Ju1-20C4 MATERIALS 3,200.00
ELLIS ENGINEERING INC 285492 13-3u1-2004 CONSULTING SERVICES 5,510.31
ELLIS ENGINEERING INC 286071 10-Aug-2004 CONSULTING SERVICES 2,993.33
EMCOMP CONSULTANTS INC 285806 27-Ju1-2004 CONSULTING SERVICES 584.22
EMERALD 285493 ~.3-]ul-2004 MAINTENANCE AND REPAIRS 599.20
EMERALD 286072 10-Aug-2004 MAINTENANCE AND REPAIRS 1,059.30
ENBRIDGE 285494 13-3u1-2004 UTILITIES 2,935.05
ENBRIDGE 285665 20-]u1-2004 UTILITIES 173.69
ENBRIDGE 285807 27-Ju1-2004 UTIL]TI ES 1,498.66
ENBRIDGE 286073 10-Aug-2004 UIILTIIES 3,444.45
ENGINEERING CONCEPTS NIAGARA 285666 20-]ul-2004 CONSULTING SERVICES 2,827.48
ENSIGN ELECTRONIC ALARM SYSTEMS 285495 13-Jul-2004 CONTRACT SERVICES 2,722.08
ERES CONSULTANTS 285496 13-Jul-2004 CONSULTING SERVICES 5,986.65
ETHER]NGTON,DAVE 285497 13-Ju1-2004 ADMINISTRATIVE 107.19
ETHERINGTON,DAVE 285936 03-Aug-2004 ADMINISTRATIVE 95.60
EVANS,CAROLYN 285498 13-Ju1-2004 REFUND 173.64
EVERLASTING IMPRESSIONS 285499 13-JU1-2004 MAINTENANCE AND REPAIRS 1,284.00
EVERLASTING IMPRESSIONS 286074 10-Aug-2004 MAINTENANCE AND REPAIRS 425.33
FALLS ELECTRIC [NC 285500 13-]u1-2004 MAINTENANCE AND REPAIRS 3,324.39
FALLS ELECTRIC [NC 285667 20-Ju1-2004 MAINTENANCE AND REPAIRS 6,366.50
FALLS ELECTRIC INC 285937 03-Aug-2004 MAINTENANCE AND REPAIRS 1,889.18
CITY OF NIAGARA FALLS ~C~0~ i~ APS200 Page: 5
MUNICIPAL ACCOUNTS'
Supplier Name Cheque No Cheque Date Purpose Amount
FALLS ELECTRIC INC 286075 lO-Aug-2004 MAINTENANCE AND REPAIRS 6,858.29
FALLS WHOLESALE LTD & ZIPPO CANADA SALES 285502 13-]u1-2004 SUPPLIES 933.76
FALLS WHOLESALE LTD & ZIPPO CANADA SALES 285668 20-2ul-2004 SUPPLIES 944.76
FALLSVIEW BIA 286076 10-Aug-2004 REMITI'ANCE 250,000.00
FALLSWAY SUPPLY 286077 10-Aug-2004 MATERIALS 6,571.50
FENCAST INDUSTRIES LTD 285938 03-Aug-2004 MATERIALS 56.88
FEREN SIGN SYSTEMS 285808 27-Ju1-2004 MATERIALS 963.00
FIRE MONI'rORING OF CANADA INC 285503 13-Ju1-2004 CONTRACT SERVICES 608.83
FIRST VANCOUVER FINANCE 285809 27-3ul-2004 MATERIALS 1,877.95
FLEXO PRODUCTS LTD 285504 13-Jul-2004 MATERIALS 748.36
FLEXO PRODUCTS LTD 285669 20-Jul-2004 MATERIALS 99.19
FLEXO PRODUCTS LTD 285810 27-3ul-2004 SUPPLIES 1,822.26
FLEXO PRODUCTS LTD 285939 03-Aug-2004 MATERIALS 99.19
FOONG,NATALIE 285505 13-Jul-2004 REMITTANCE 60.00
FORCIER, SUE 285506 13-.lul-2004 ADMINISTRATIVE 66.70
FOSTER, GARY 285811 27-.1ul-2004 REMI'ITANCE 2.00
FRANCOTYP POSTALIA CANADA 285940 03-Aug-2004 MATERIALS 39.12
FRANK COWAN COMPANY LIMITED 285812 27-~ul-2004 ADMINISTRATIVE 12,124.13
FRANK J ZAMBONI & CO LTD 285508 13-9ul-2004 MATERIALS 1,070.79
FREEPORT TRANSPORT INC 285941 03-Aug-2004 REFUND 3,540.29
G & K SERVICES CANADA INC 285673 20-Jul-2004 MATERIALS 88.37
GALES GAS BARS 285670 20-.lul-2004 MATERIALS 544.02
GALT KNIFE CO LTD 285671 20-]ul-2004 MAINTENANCE AND REPAIRS 220.80
GAULEY, ROBERT 286078 10-Aug-2004 ADMINISTRATIVE 149.32
GEORGE BAILEY 285509 13-3ul-2004 REMI-ITANCE 100.00
GFS CANADA INC 285510 13-~ul-2004 SUPPLIES 278.53
GFS CANADA INC 285813 27-]ul-2004 SUPPLIES 312.09
GLADDING SALES AGENCY LTD 285814 27-]uI-2004 MATERIALS 4,441.17
GLOBALSTAR CANADA SATELLITE CO 285511 13-~u1-2004 UTILITIES 64.35
GRASSWORKS LAWN MAINTENANCE 285674 20-.lul-2004 CONTRACT SERVICES 2,150.70
GRAYBAR ELECTRIC LTD 285512 13-3ul-2004 MATERIALS 644.14
GRAYBAR ELECTRIC LTD 285675 20-~ul-2004 MATERIALS 1,400.34
GRAYBAR ELECTRIC LTD 285815 27-~ul-2004 MATERIALS 484.06
GRAYBAR ELECTRIC LTD 285942 03-Aug-2004 MATERIALS 161.53
GRAYBAR ELECTRIC LTD 286079 10-Aug-2004 MATERIALS 908.76
GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND 285893 28-~ut-2004 REMITTANCE 86.75
GREY ISLAND SYSTEMS INC 285513 13-3ul-2004 MATERIALS 1,821.93
GREY ISLAND SYSTEMS INC 286080 10-Aug-2004 UTILITIES 1,822.04
GROOT, SHANNON 286081 10-Aug-2004 ADMINISTRATIVE 118.40
GRUNINGER, STEVEN 285514 13-]u1-2004 ADMINISTRATIVE 257.79
GT FRENCH PAPER LIMITED 285816 27-3ul-2004 MATERIALS 1,535.48
GUILLEVIN INTERNATIONAL INC 285515 13-Jul-2004 MATERIALS 298.43
GUILLEVIN INTERNATIONAL INC 285817 27-3ul-2004 MATERIALS 1,585.62
GUILLEVIN INTERNATIONAL INC 286082 10-Aug-2004 MATERIALS 123.68
GYM CON LTD 286083 10-Aug-2004 MATERIALS 452.64
HALCO MOBILE MFG SALES & SERVICE INC 285516 13-]ul-2004 LEASES AND RENTS 2,622.00
HALCO MOBILE MFG SALES & SERVICE INC 286084 10-Aug-2004 LEASES AND RENTS 2,875.00
HALF WAY SAND PIT LIMITED 285677 20-1ul-2004 MATERIALS 1,496.03
HALL, AMY 285944 03-Aug-2004 REFUND 57.50
HALLTECH ENVIRONMENTAL INC 285517 13-3ul-2004 MATERIALS 142.55
HAMDANI DRYCLEANERS LTD 285678 20-3u1-2004 MAINTENANCE AND REPAIRS 94.99
HANG UPS '99 SCREEN PRINTING & EMBROIDERY 285518 13-]u1-2004 MATERIALS 138.00
HANG UPS '99 SCREEN PRINTING & EMBROIDERY 285945 03-Aug-2004 MATERIALS 4,417.04
HANG UPS '99 SCREEN PRINTING & EMBROIDERY 286086 10-Aug-2004 MATERIALS 17.25
HARTS UPHOLSTERED PRODUCTS CO LTD 285947 03-Aug-2004 MATERIALS 2,780.70
HECO 285519 13-Ju1-2004 MAINTENANCE AND REPAIRS 11,201.56
HECO 285679 20-3u1-2004 MAINTENANCE AND REPAIRS 1,929.63
HECO 285948 03-Aug-2004 MAINTENANCE AND REPAIRS 2,938.26
HEMMING,ADAM& HEMMING, CAROL 285520 13-3u1-2004 REFUND 350.00
CZTY OF NZAGARA FALLS ~leC~ol l~ AP5200 Page : 6
MUNICIPAL ACCOUNTS ogara ll JJj.
Supplier Name Cheque No Cheque Date Purpose Amount
HICKEY, NEAL 286087 10-Aug-2004 MATERIALS 105.00
HICKS MORLEY HAMILTON STEWART STORIE LLP 285680 20-]ul-2004 CONSULTING SERVICES 2,326.29
HICKS MORLEY HAMILTON STEWART S=FORIE LLP 286088 10-Aug-2004 CONSULTING SERVICES 9,101.09
HILL BOLES LTD 285681 20-]ul-2004 MATERIALS 508.13
HILL BOLES LTD 285819 27-,lul-2004 MATERIALS 723.01
HILL BOLES LTD 286089 10-Aug-2004 MATERIALS 213.84
HIMES,DAVID 285949 03-Aug-2004 REFUND 125.00
HOME DEPOT-STORE 7174 285613 16-.lu1-2004 EQUIPMENT 17,623.76
HUMMELL, HAROLD 286090 10-Aug-2004 ADMINISTRATIVE 149.60
IN2]TIVE GROUP INC 285950 03-Aug-2004 MATERIALS 546.13
INFORMATION NIAGARA 286091 lO-Aug-2004 MATERIALS 21.40
INTEGRATED MUNICIPAL SERVICES 285521 13-9ul-2004 MATERIALS 22.00
INTEGRATED MUNICIPAL SERVICES 285951 03-Aug-2004 CONTRACT SERVICES 62,828.26
INTERNATIONAL BINDING & LAMINATING SYSTEMS INC 285952 03-Aug-2004 MATERIALS 174.41
IORFIDA CONSULTING INC 285953 03-Aug-2004 CONSULTING SERVICES 1,926.00
,1 p HAMMILL & SON LTD 285524 13-.lu[-2004 MATERIALS 2,592.26
J P HAMMILL & SON LTD 285684 20-Jul-2004 MATERIALS 1,392.19
JACKSON,DAVE 285821 27-]ul-2004 ADMINISTRATIVE 164.36
JAGGER HIMS LIM1TED 285683 20-]ul-2004 CONSULTING SERVICES 17,391.78
]AMES G ARMOUR & CO LTD 285523 13-]ul-2004 MATERIALS 2,889.38
]AMES G ARMOUR & CO LTD 285954 03-Aug-2004 MATERIALS 2,889.38
]ORDAN/FIDLER 285822 27-]uF2004 REFUND 750.00
KAN DU POOLS LTD 286092 10-Aug-2004 MATERIALS 21,077.67
KATCH'S QUALITY COMMUNICATION 285955 03-Aug-2004 CONTRACT SERVICES 517.50
KENNEDY GRAPHICS 285685 20-1ul-2004 CONSULTING SERVICES 5,000.00
KINWOOD AUDIO VISUAL 285687 20-.lul-2004 MATERIALS 207.00
KON,ADELE 285525 13-.lu1-2004 ADMINISTRATIVE 165.95
KON,ADELE 286093 10-Aug-2004 ADMINISTRATIVE 134.00
KONE INC 285688 20-.1ul-2004 CONTRACT SERVICES 2,305.41
KOSKI,LARRY& KOSKI, VALERIE 286094 10-Aug-2004 REFUND 750.00
KRUTSCHKE,ALFRED 285526 13-~u1-2004 REFUND 119.95
KUCHYT, TOM 286095 10-Aug-2004 ADMINISTRATIVE 264.00
KWIK MIX MATERIALS LIMITED 285823 27-Jul-2004 MATERIALS 1,467.08
L MULLER DRY GOODS 285529 13-3ul-2004 MATERIALS 1,331.70
LAERDAL MEDICAL CANADA LTD 285824 27-3uj-2004 MATERIALS 226.61
LAEARGE CANADA INC 285527 13-]ul-2004 MATERIALS 5,404.48
LAFARGE CANADA INC 285689 20-]u1-2004 MATERIALS 3,484.41
LAFARGE CANADA INC 285825 27-]u1-2004 MATERIALS . 3,144.06
LAFARGE CANADA INC 285956 03-Aug-2004 MATERIALS 3,848.61
LATOPLAS'r LTD 285957 03-Aug-2004 MATERIALS 173.88
LATOPLAST LTD 286096 10-Aug-2004 MATERIALS 1,797.33
LEITH,MARINA 285958 03-Aug-2004 REFUND 477.87
LIGHTNING EQUIPMENT SALES LTD 285827 27-3u]-2004 MATERIALS 235.40
LINDSAY,3OHN LAW 286098 10-Aug-2004 REFUND 176.17
LUDWIG, PAUL MRS 285828 27-3ul-2004 REFUND 5.00
LUNDY'S LANE BIA 285530 13-3ul-2004 REMITTANCE 60,000.00
LYMBURNER, ROBERT 285829 27-]ul-2004 ADMINISTRATIVE 800.00
MAKEPEACE,]ANICE 285532 13-]u1-2004 ADMINISTRATIVE 185.00
MAKEPEACE,JANICE 286100 10-Aug-2004 ADMINISTRATIVE 550.00
MALTBY & ASSOCIATES INC 286101 10-Aug-2004 CONTRACT SERVICES 1,444.50
MANGOFF,TED 286102 10-Aug-2004 ADMINISTRATIVE 29.60
MAPLETRUST COMPANY 285533 13-]u1-2004 REFUND 1,005.61
MAR-CO CLAY PRODUCTS [NC 285691 20-]ul-2004 MATERIALS 271.85
MARl LYNNE EASTLAND 285830 27-]uP2004 MATERIALS 821.23
MARINE CLEAN LTD 285962 03-Aug-2004 CONTRACT SERVICES 7,938.87
MATREX COMPANY 285963 03-Aug-2004 MATERIALS 1,877.95
MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYIN( 285964 03-Aug-2004 CONSULTING SERVICES 2,426.23
MATTHEWS CANADA LTD 285693 20-Jul-2004 MATERIALS 2,175.07
MCANDREWS AIR LTD 285831 27-3u1-2004 CONTRACT SERVICES 387.34
CI'TY OF NI'AGARA FALLS lheC'~y0~ ~ AP5200 Page: 7
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount
MCANDREWS AIR LTD 285965 03-Aug-2004 CONTRACT SERVICES 3~771.76
MCAP SERVICE CORPORATION 285534 13-3ul-2004 REFUND 5,913.02
MCCONNELL, LUCILLE 285535 13-3ul-2004 ADMINISTRATIVE 18.00
MCKAY, NELSON 285832 27-3ul-2004 REFUND 750.00
MCLEAN,SUSAN 285833 27-3Ul-2004 REFUND 750.00
MCRAE,LEN 286103 10'Aug-2004 REFUND 60.00
ME OLSEN TITLES [NC 285536 13-3ul-2004 CONTRACT SERVICES 703.93
ME OLSEN TITLES INC 285696 20-3ul-2004 CONTRACT SERVICES 430.58
ME OLSEN TITLES INC 285834 27-3ul-2004 CONTRACT SERVICES 397.21
ME OLSEN TITLES INC 286104 10-Aug-2004 CONTRACT SERVICES 954.03
MEDCON MECHANICAL LTD 285694 20-3u1-2004 CONTRACT SERVICES 2,012.50
MELLEN DISTRIBUTING 1137637 ONTARIO INC 285695 20-3u1-2004 MATERIALS 178.74
MET~ FIRE & RESCUE 286105 10-Aug-2004 MATERIALS 173.65
MICRON INSTALLATIONS LIMI-fED 285537 13-3ul-2004 MATERIALS 9,835.65
MICRON INSTALLATIONS LIMITED 285885 27-3ul-2004 REFUND 750.00
MICRON INSTALLATIONS LIMITED 286107 10-Aug-2004 REFUND 750.00
MIGDALOS INVESTMENT LTD 285538 13-3ul-2004 REFUND 750.00
MILLEN MARINE & INDUSTRIAL SUPPLy 285835 27-3ul-2004 MATERIALS 66.13
MILO3EVICH,RODNEY 285966 03-Aug-2004 REMIqTANCE 45.00
MINERVINI,DOMENIC 286108 10-Aug-2004 ADMINISTRATIVE 100.41
MINISTER OF FINANCE 285698 20-]ul-2004 REMITTANCE 244.42
MINISTER OF FINANCE 285699 20-3u1-2004 REMITTANCE 8,431.37
MINISTER OF FINANCE 285894 28-3ul-2004 REMI'ITANCE 629.80
MINISTER OF FINANCE 285896 28-3u1-20C4 REMITTANCE 54,651.40
MINISTER OF FINANCE 285897 28-3ul-2004 REMrn'ANCE 1,051.04
MINISTRY OF ATTORNEY GENERAL 285539 13-3u1-2004 REMrn'ANCE 1,375.69
MINISTRy OF A'ITORNEY GENERAL 285697 20-~u1-2004 REMrn'ANCE 1,096.87
MINISTRY OF A'I-rORNEY GENERAL 285895 28-Jul-2004 REMrlTANCE 1,344.77
MINISTRY OF ATrORNEY GENERAL 286010 04-Aug-2004 REMrlTANCE 1,344.77
MINISTRY OF ATTORNEY GENERAL 286109 10-Aug-2004 REMrlTANCE 1,344.77
MISS ALL CANADIAN STAR MAKERS 285540 13-3u1-2004 REMITTANCE 150.00
MOBILE COMMUNICATION SERVICES 285836 27-3u1-2004 CONTRACT SERVICES 203.55
MODERN LANDFILL INC 285700 20-3u1-2004 CONTRACT SERVICES 758.35
MONDRIAN CANADA INC 285541 13-3ul-2004 MATERIALS 323.35
MONTGOMERY,MOE& MONTGOMERY, MIKE 285967 03-Aug-2004 CONTRACT SERVICES 302.28
MONTGOMERY BROS & NORTHLAND SUPPLY 285542 13-3u1-2004 CONTRACT SERVICES 616.32
MONTGOMERY BROS & NORTHLAND SUPPLY 285837 27-3ul-2004 CONTRACT SERVICES 513.60
MOROCCO,3OHN 285544 13-3u1-20C4 ADMINISTRATIVE 345.00
MOROCCO,3OHN 285545 13-3u1-2004 ADMINISTRATIVE 52.80
MOROCCO,3OHN 285838 27-3u1-2004 ADMINISTRATIVE 211.39
MOROCCO,3OHN 286110 10-Aug-2004 ADMINISTRATIVE 238.80
MORTON, DALE 285546 13-3u1-2004 ADMINISTRATIVE 442.89
MTC LEASING INC 285701 20-3ul-2004 REMITTANCE 277.87
MUNICIPAL HEALTH & SAFETY ASSOCIATION 285839 27-3ul-2004 ADMINISTRATIVE 133.75
MUNICIPAL WORLD INC 285547 13-3ul-2004 MATERIALS 35.91
MURACO, MARY 285840 27-3u1-2004 ADMINISTRATIVE 36.80
MUSSARI,TOM 286111 10-Aug-2004 ADMINISTRATIVE 188.58
MY COUNTRY DELICATESSEN 285841 27-3ul-2004 ADMINISTRATIVE 88.67
N Y STYLE DELI 285712 20-3u1-2004 ADMINISTRATIVE 230.00
NEDCO 285968 03-Aug-2004 MATERIALS 1,402.08
NEXTERRA SUBSTRUCTURES INCORPORATED 286112 10-Aug-2004 CONTRACT SERVICES 26,489.29
NIAGARA BLOCK INC 285703 20-3u1-2004 MATERIALS 348.70
NIAGARACRED1T UNION 285548 13-3u1-2004 REFUND 1,369.61
NIAGARA CREDIT UNION 285549 13-3ul-2004 REFUND 952.79
NIAGARA CREDIT UNION 285550 13-3uF2004 REFUND 1,019.75
NIAGARA DIESEL INJECTION 285704 20-3u1-2004 MATERIALS 91.77
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 285554 13-3u1-2004 REMIJTANCE 1,981.45
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 285706 20-3ul-2004 REMrrrANCE 1,981.45
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 285898 28-3ul-2004 REMI-ITANCE 1,981.45
CITY OF Nt'AGARA FALLS ~eCifyol ~ AP5200 Page : 8
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 286011 04-Aug-2004 REMITTANCE 3,536.61
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 286012 04-Aug-2004 REMI'TTANCE 1,981.45
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 286114 10-Aug-2004 REMITTANCE 1,981.45
NIAGARA FALLS HUMANE SOCIETY 285552 13-3u1-2004 REMI'J-rANCE 25.00
NIAGARA FALLS HUMANE SOCIETY 285886 27-3uF2004 GRANT 36,529.65
NIAGARA FALLS HUMANE SOCIETY 285970 03-Aug-2004 CONTRACT SERVICES 920.00
NIAGARA FALLS HYDRO 285553 13-~ul-2004 UTILrFIES 1,784.37
NIAGARA FALLS HYDRO 285611 14-~u1-2004 REMTITANCE 27,384.98
NIAGARA FALLS HYDRO 285705 20-3ul-2004 UTILITIES 1,425.58
NIAGARA FALLS HYDRO 285754 22-3ul-2004 REM]'I-FANCE 3,002.65
NIAGARA FALLS HYDRO 285842 27-3ul-2004 UTILITIES 83,785.98
NIAGARA FALLS HYDRO 285971 03-Aug-2004 REMITTANCE 6,400.94
NIAGARA FALLS HYDRO 285972 03-Aug-2004 UTILITIES 1,237.02
NIAGARA FALLS HYDRO 286113 10-Aug-2004 UTILITIES 5,992.18
NIAGARA FALLS STN 6 VOLUNTEER F[REFIGHTERS ASSOC 285707 20-1u1-2004 REFUND 120.00
NIAGARA FALLS TOURISM 285887 27-1u1-2004 GRANT 66,630.95
NIAGARA HEALTH SYSTEM 285844 27-]u1-2004 ADMINISTRATIVE 45.00
NIAGARA NEWSPAPER GROUP 286115 10-Aug-2004 ADMINISTRATIVE 1,462.41
NIAGARA OCCUPATIONAL HEALTH SERVICES 285708 20-3u1-2004 ADMINISTRATIVE 482.50
NIAGARA PARKS COMMISSION 285555 13-~ul-2004 DONATION 16,387.21
NIAGARA PARKS COMMISSION 285709 20-3ul-2004 ADMINISTRAllVE 14,603.93
NIAGARA SHEET METAL 285556 13-~ul-2004 MATERIALS 287.50
NIAGARA SHEET METAL 285973 03-Aug-2004 MATERIALS 299.00
NIAGARA SHEET METAL 286116 10-Aug-2004 MATERIALS 287.50
NIAGARA SOUND SYSTEMS 288557 13-]ul-2004 CONTRACT SERVICES 214.91
NIAGARA SOUND SYSTEMS 285845 27-3ul-2004 CONTRACT SERVICES 802.50
NIAGARA THIS WEEK 285558 13-3ul-2004 ADMINISTRATIVE 278.20
NIAGARA THIS WEEK 285710 20-3ul-2004 ADMINISTRATIVE 303.61
NIAGARA TRANSIT 286015 05-Aug-2004 ADMINISTRATIVE 215,000.00
NIAGARA WATER CONDITIONING LTD 285974 03-Aug-2004 MATERIALS 71.30
NIAGARA.COM 285969 03-Aug-2004 CONSULTiNG SERVICES 407.09
NICHOLLS MARINE LTD 285559 13-3ul-2004 MATERIALS 328.05
NORM'S SERVICE CENTRE 305677 ONTARIO LTD 286117 10-Aug-2004 MATERIALS 9.20
NORRIS,STEVE 285560 13-1ul-2004 ADMINISTRATIVE 138.95
NORTH YORK TROPHIES 285846 27-3u1-2004 MATERIALS 2,333.06
NU CUT SHARPENING 285561 13-3ul-2004 MATERIALS 111.55
NU CUT SHARPENING 285711 20-3u1-2004 MATERIALS 41.40
O K GIFT SHOP 286118 10-Aug-2004 REFUND 388.47
O'FLYNN,]OHN 285562 13-1ul-2004 ADMINISTRATIVE 1,829.70
OMFPOA 286119 10-Aug-2004 REMI-rrANCE 500.00
ONTARIO ASSOCIATION OF PROPERTY STANDARDS OFFICER.( 285975 03-Aug-2004 REM]'I-rANCE 150.00
ONTARIO BAR ASSOCIATION 285612 15-]ul-2004 REM]TI'ANCE 48.15
ONTARIO WATER PRODUCTS INC 285847 27-3ul-2004 MATERIALS 448.50
OPIA CONFERENCE 285848 27-]u1-2004 REMITTANCE 400.00
OPTIMIST CLUB SLO-PITCH CANTEEN 285623 20-3u1-2004 REMITTANCE 456.00
PAGENET OF CANADA INC 285564 13-3u1-2004 CONTRACT SERVICES 1,429.51
PAGENET OF CANADA INC 285849 27-]u1-2004 UTILITIES 374.50
PASCOE, REBECCA 285713 20-~u1-2004 ADMINISTRATIVE 49.78
PEARSON,LOU ANN 286120 10-Aug-2004 REFUND 750.00
PEC ROOF MAINTENANCE 285715 20-]ul-2004 CONTRACT SERVICES 1,766.55
PENINSULA CONSTRUCTION INC 285850 27-~ul-2004 CONTRACT SERVICES 37,891.20
PENINSULA PEST CONTROL LTD 285976 03-Aug-2004 CONTRACT SERVICES 236.47
PERDAN LIMITED 285716 20-Ju1-2004 CONTRACT SERVICES 4,724.05
PERRI-MED 285565 13-3ul-2004 MATERIALS 2,354.00
PHILIPS ENGINEERING 286121 10-Aug-2004 CONSULTING SERVICES 9,021.41
PINGUE, PAUL 285567 13-]u1-2004 ADMINISTRATIVE 65.30
PIPEFLO CONTRACTING CORPORATION 285568 13-]u1-2004 CONSULTiNG SERVICES 1,551.50
PIPEFLO CONTRACTING CORPORATION 285717 20-]u1-2004 CONTRACT SERVICES 989.75
PO'Iq-S,] ESSICA 285569 13-3ul-2004 ADMINISTRATIVE 95.42
CTTY OF NTAGARA FALLS ~ ~ Of b, AP5200 Page: 9
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date Purpose Amount
POWELL, KATHLEEN 286122 10-Aug-2004 REFUND 106.89
PRATA,GUY 286123 10-Aug-200q ADMINISTRATIVE 30.80
PRAXAIR 285570 13-Jul-2004 MATERIALS 83.88
PRAY, AIR 285718 20-3ul-2004 MATERIALS 324.61
PRECISE PARK LINK INC 285719 20-Jul-2004 CONTRACT SERVICES 1,681.40
PRECISE PARK LINK INC 286124 i0-Au§-2004 CONTRACT SERVICES 3,018.31
PRINT POETRY RACHEL MONTGOMERY 286125 10-Aug-200~ ADMINISTRATIVE 300.00
PROFESSIONAL'S CHOICE FLOORING 285571 13-.1ul-2004 MAINTENANCE AND REPAIRS 4,566.76
PROJECT SHARE 285888 27-~ul-2004 GRANT 15,414.95
PROVINCIAL SERVICES 286126 10-Aug-2004 CONTRACT SERVICES 529.65
PURE WATER 285720 20-Jul-200q MATERIALS 425.00
PURE WATER 285851 27-3ul-2004 MATERIALS 5.00
PURE WATER 285978 03-Aug-2004 MATERIALS 135.00
PUROLATOR COURIER 285572 13-Jul-2004 ADMINISTRATIVE 59.51
PUROLATOR COURIER 285721 20-Jul-2004 ADMINISTRATIVE 172.94
PUROLATOR COURIER 285852 27-3ul-2004 REMIITANCE 34.60
PUROLATOR COURIER 285979 03-Aug-20(H REMI'I-rANCE 63.36
PUROLATOR COURIER 286128 10-Aug-200~ REMII-rANCE 107.57
R V ANDERSON ASSOCIATES LIMITED 285581 13-Jul-2004 CONSULTING SERVICES 6,898.33
R V ANDERSON ASSOCIATES LIMITED 286133 10-Aug-2004 CONSULTING SERVICES 11,403.02
RANI(IN CONSTRUCTION INC 285853 27-3ul-2004 CONTRACT SERVICES 500,881.73
RECEIVER GENERAL 285573 13-.1u[-200~ REMITTANCE 169,514.08
RECEIVER GENERAL 285722 20-~ul-200~ REMII-rANCE 170,882.29
RECEIVER GENERAL 285899 28-Jul-2004 REMT'I-rANCE 335.91
RECEIVER GENERAL 285900 28-Jul-2004 REMITTANCE 166,275.26
RECEIVER GENERAL 286013 04-Aug-2004 REMITTANCE 161,774.78
RECEIVER GENERAL 286129 10-Aug-2004 REMITTANCE 164,804.14
REDEVELOPMENT CONCEPTS INTERNATIONAL 285574 13-3ul-2004 CONSULTING SERVICES 1,983.35
RELIZON CANADA 285725 20-3u[-2004 MATERL4LS 4,249.73
RESQTECH SYSTEMS INC 285577 13-Jul-2004 MATERIALS 3,643.81
RIBEIRO, SHIRLEY A 285980 03-Aug-200q REFUND 56.00
RIDGEMOUNT QUARRIES LIMITED 285578 13-.1ul-2004 MATERIALS 356.59
ROADSIDE RENTALS INC 285579 13-]ul-2004 CONTRACT SERVICES 2,212.40
ROBERT BENEVENTO ROOFING & SIDING 285580 13-3ul-2004 MAINTENANCE AND REPAIRS 8,389.86
ROBERT BENEVENTO ROOFING & SIDING 285981 03-Aug-2004 MAINTENANCE AND REPAIRS 2,043.70
ROBERT D HOWE 285856 27-3uF2004 ADMINISTRATIVE 1,656.87
ROCHESTER MIDLAND LIMITED 286132 10-Aug-2004 MATERIALS 902.31
ROGERS WIRELESS INC 285857 27-Jul-2004 UTILITIES 1,146.23
RONDAR INC 285982 03-Aug-200~ EQUIPMENT 2,238.38
RUSC~I II,ANTHONY 285983 03-Aug-2004 REFUND 228.02
SAFe-fY KLEEN CANADA INC 285726 20-.1ul-200~ MATERIALS 315.03
SAFE-'fY KLEEN CANADA INC 285858 27-Jul-2004 MATERIALS 1,673.25
SAFETY TODAY 285859 27-Jul-200~ MATERIALS 1,197.38
SAFETY TODAY 285984 03-Aug-2004 MATERIALS 668.61
SALCI,TED 285727 20-3ul-2004 REFUND 825.65
SALCI,TED 285860 27-.lul-2004 ADMINISTRATIVE 900.00
SCARINGI,VITO 285582 13-~ul-2004 ADMINISTRATIVE 242.17
SCARINGI,VITO 286134 10-Aug-2004 ADMINISTRATIVE 207.20
SCOTIABANK 285729 20-Ju1-2004 ADMINISTRATIVE 908.70
SCOTIABANK 285861 27-]ul-2004 REM1TfANCE 131,342.05
SCOTIABANK 285985 03-Aug-2004 ADMINISTRATIVE 722.00
SECCO, HILARY 285986 03-Aug-2004 REFUND 561.55
SEELEY,]AMES 285730 20-]u1-2004 REFUND 920.20
SHAHEEN & PEAKER LTD 285583 13-]u1-2004 CONSULTING SERVICES 6,089.37
SHAHEEN & PEAKER LTD 285987 03-Aug-2004 CONSULTING SERVICES 299.60
SHAW,MARY 285862 27-Ju1-2004 REFUND 750.00
SHERWIN WILLIAMS 285584 13-]ul-2004 MATERIALS 146.38
SHERWIN WILLIAMS 285731 20-Ju1-2004 MATERIALS 277.00
SIGNATURE SIGNS 286135 10-Aug-2004 MATERIALS 218.50
CZTY OF NZAGARA FALLS lh~C~y0f ~ AP5200 Page : 10
MUNICIPAL ACCOUNTS
'~no~a
Supplier Name Cheque No Cheque Date Purpose Amount
SILLASTE,ALLAN& SILLASTE, SHELLEY 286136 10-Aug-2004 REFUND 750.00
SIMPLEX GRINNELL 286137 10-Aug-2004 MAINTENANCE AND REPAIRS 253.00
SMFI-H,BRIAN 285585 13-]ul-2004 REFUND 125.00
SMFFH,DARRELL 285732 20-]u1-2004 ADMINISTRATIVE 292.59
SM~H,DARRELL 286014 04-Aug-2004 ADMINISTRATIVE 111.20
SOIL MAT ENGINEERS & CONSULTANTS LTD 286139 10-Aug-2004 CONSULTING SERVICES 2,230.42
SOLERA CORP 285988 03-Aug-2004 MATERIALS 8,923.80
SPOTLIGHT INC 286141 10-Aug-2004 MATERIALS 1,147.90
STAMFORD CENTRE VOLUNTEER FIREMENS ASSOCIATION 285588 13-]ul-2004 ADMINISTRATIVE 5,000.00
STAMFORD HOME HARDWARE 285587 13-]ul-2004 MATERIALS 24.28
STARR~(,PAUL 286142 10-Aug-2004 REFUND 4,900.33
STEVENSVILLE LAWN SERVICE INC 285733 20-]u[-2004 CONTRACT SERVICES 31,642.87
STREAMLINE 285734 20-]u[-2004 MATERIALS 189.75
STREAMLINE 285989 03-Aug-2004 MAINTENANCE AND REPAIRS 143.75
SUN LIFE OF CANADA 285865 27-]ul-2004 REMI'I-FANCE 227,812.23
SUN LIFE OF CANADA 285867 27-]ul-2004 REMITTANCE 748.73
SUN LIFE OF CANADA 286143 10-Aug-2004 ADMINISTRATIVE 711.23
SUNCOR ENERGY PRODUCTS INC 285864 27-~u1-2004 MATERIALS 1,261.91
SUPERIOR PROPANE INC 285735 20-~ul-2004 MATER]ALS 23.00
TD CANADA TRUST 285589 13-]u1-2004 REFUND 471.31
TELUS MOBIl_TrY 285590 13-]ul-2004 CONTRACT SERVICES 689.98
TELUS MOBILITY 285868 27-]u1-2004 UTILITIES 5,839.17
TELUS MOBILITY 285990 03-Aug-2004 UTILITIES 862.47
TELUS MOBILITY 286145 lO-Aug-2004 CONTRACT SERVICES 833.68
TELUS NATIONAL SYSTEMS INC 285591 13-]ul-2004 MATERIALS 25,142.74
TELUS NATIONAL SYSTEMS INC 285991 03-Aug-2004 CONTRACT SERVICES 736.00
TES INFORMATION TECHNOLOGIES 285737 20-]ul-2004 CONTRACT SERVICES 963.00
THE BUTLER GROUP CONSULTANTS INC 286146 10-Aug-2004 CONSULTING SERVICES 374.50
THE DRAFTING CLINIC CANADA LTD 285592 13-~u1-2004 MATERIALS 6,826.40
THE GREENFIELD GROUP LTD 285738 20-]u1-2004 CONTRACT SERVICES 6,338.68
THE HAMILTON SPECTATOR 285889 27-~ul-2004 MATERIALS 1,951.15
THE MBTW GROUP 285992 03-Aug-2004 CONSULTING SERVICES 1,628.53
THE ONTARIO MUNICIPAL FIRE PREVENTION OFFICERS ASSO 285593 13-~u1-2004 REMITTANCE 500.00
THE PEPSI BO'I-FLING GROUP 285869 27-~ul-2004 MATERIALS 977.00
THE REGIONAL MUNICIPALITY OF NIAGARA 285575 13-~ul-2004 ADMINISTRATIVE 420,285.29
THE REGIONAL MUNICIPALITY OF NIAGARA 285610 13-3ul-2004 MATERIALS 8,346.03
THE REGIONAL MUNICIPALITY OF NIAGARA 285723 20-~u1-2004 ADMINISTRATIVE 1,200.00
THE REGIONAL MUNICIPALITY OF NIAGARA 285724 20-]ul-2004 MATERIALS 7,162.36
THE REGIONAL MUNICIPALITY OF NIAGARA 285854 27-3u1-2004 ADMINISTRATIVE 673,982.77
THE REGIONAL MUNICIPAl. I-FY OF NIAGARA 285855 27-~u1-2004 ADMINISTRATIVE 571,564.40
THE REGIONAL MUNICIPALITY OF NIAGARA 286130 10-Aug-2004 ADMINISTRATIVE 13,15L,674.00
THE REGIONAL MUNICIPALITY OF NIAGARA 286131 10-Aug-2004 MATERIALS 3,678.66
THE REVIEW 285739 20-]u1-2004 ADMINISTRATIVE 1,328.58
THE REVIEW 285993 03-Aug-2004 ADMINISTRATIVE 12,747.08
THE SENIORS REVIEW 286147 10-Aug-2004 MATERIALS 176.55
THE STANDARD 285740 20-~ul-2004 ADMINISTRATIVE 214.00
THE TOWN OF NIAGARA ON THE LAKE 285871 27-~u1-2004 ADMINISTRATIVE 340,425.00
THE TRUCK TOPPERS 285872 27-3ul-2004 MATERIALS 4~340.51
THE UNIFORM GROUP INC 285595 13-]u1-2004 MATERIALS 336.09
THE UNIFORM GROUP [NC 285873 27-]u1-2004 MATERIALS 2,990.09
THISTLEWAFfE, HARRY 285874 27-~u1-2004 CONTRACT SERVICES 741.00
THOMSON ROGERS 286148 10-Aug-2004 CONSULTING SERVICES 2,502.73
THREE RING CIRCUS STRATEGIC COMMUNICATIONS 285875 27-]u1-2004 ADMINISTRATIVE 891.25
TIDD, DEREK 285596 13-]ul-2004 REMITTANCE 1,500.00
TIME FX INTL 285741 20-]ul-2004 MATERIALS 910.80
TOROMONT 285597 13-]u1-2004 EQUIPMENT 176,180.00
TOROMONT 285994 03-Aug-2004 LEASES AND RENTS 4,370.00
TOROMONT 286149 lO-Aug-2004 MATERIALS 3,743.13
TOTrEN SIMS HUBICKI ASSOCIATES 285742 20-]ul-2004 CONSULllNG SERVICES 13,356.51
CITY OF NIAGARA FALLS ~C~0J ~1~ AP5200 Page: 11
MUNICIPAL ACCOUNTS-
m
Supplier Name Cheque No Cheque Date Purpose Amount
TOTFEN SIMS HUBICKI ASSOCIATES 285876 27-3ul-2004 CONTRACT SERVICES 21,661.65
TOTTEN SIMS HUBICKI ASSOCIATES 285995 03-Aug-2004 CONTRACT SERVICES 5,226.13
TOI-FEN SIMS HUBICKI ASSOCIATES 286150 10-Aug-2004 CONSULTING SERVICES 669.64
TOUCHSTONE SITE CONTRACTORS 285996 03-Aug-2004 CONTRACT SERVICES 3,347.79
TRAVELPIC NIAGARA FALLS 285997 03-Aug-2004 MATERIALS 561.75
T'RI CITY CURB CUTI'ING INC 285598 13-1ul-2004 CONTRACT SERVICES 542.59
TROW CONSULTING ENGINEERS LTD 285877 27-1u)-2004 CONSULTING SERVICES 133.75
TUMMER-VAN DYKE, KATHLEEN 285599 13-.lul-2004 ADMINISTRATIVE 47.64
TUMMER-VAN DYKE, KATHLEEN 286151 10-Aug-2004 ADMINISTRATIVE 228.00
UNIFORM UNIFORMS 286152 10-Aug-2004 MATERIALS 1,281.10
UNI-IIED WAY 285901 28-Jul-2004 REMiI-I'ANCE 1,744.50
UNUM LIFE INSURANCE COMPANY 285879 27-.lul-2004 REMTI-I'ANCE 1,138.41
URBAN & ENVIRONMENTAL MANAGEMENT INC 285743 20-.lul-20C4 CONSULTING SERVICES 9,576.50
UTILI'rY INSTALLATION LTD 285744 20-.lul-200~ CONTRACT SERVICES 874.74
V GIBBONS CONTRACTING LTD 285882 27-.lul-2004 CONTRACT SERVICES 94,814.27
VADIM COMPUTER MANAGEMENT GROUP LTD 285880 27-]ul-200~ CONTRACT SERVICES 2,875.00
VALUE ADDED SYSTEMS INC 285998 03-Aug-2004 EQUIPMENT 2,271.25
VAN DER ZALM & ASSOCIATES 285881 27-.lul-2004 CONTRACT SERVICES 781.10
VANCOR SUPPLY 285600 13-]ul-2004 73.26
VANCOR SUPPLY 285999 03-Aug-2004 MATERIALS 71.28
VANCOR SUPPLY 286154 10-Aug-2004 MATERIALS 295.09
VICTORIA CENTRE BIA 285601 13-]ul-20Cq REMI'I-I'ANCE 87,500.00
VINELAND QUARRIES 285602 13-.lul-20Cq MATERIALS 174.47
VOLSCI CONSTRUCTION CO INC 286156 10-Aug-200~ CONTRACT SERVICES 5,000.00
WALK ON DUST CONTROL 28560~ 13-Jul-2004 MATERIALS 65.67
WALK ON DUST CONTROL 285746 20-Ju1-2004 CONTRACT SERVICES 45.13
WALK ON DUST CONTROL 285883 27-1u[-2004 CONTRACT SERVICES !12.53
WALK ON DUST CONTROL 286001 03-Aug-2004 CONTRACT SERVICES 342.28
WALK ON DUST CONTROL 286157 10-Aug-2004 MATERIALS 52.32
WALKER BROTHERS QUARRIES LTD 285603 13-.lul-2004 MATERIALS 63.80
WALKER BROTHERS QUARRIES LTD 285745 20-.]ul-2004 MATERIALS 118.85
WALKER BROTHERS QUARRIES LTD 286000 03-Aug-20C~ MATERIALS 2,251.57
WAI-I',DAVID 286002 03-Aug-2004 ADMINISTRATIVE 133.40
WEIR FOULDS 286003 03-Aug-2004 CONSULTING SERVICES 3,180.04
WELKER, KENDALL 286004 03-Aug-2004 REFUND 250.00
WESTBURNE/RUDDY 286005 03-Aug-2004 MATERIALS 823.40
WHAT'S UP K[DS MAGAZINE LTD 286159 10-Aug-2004 ADMINISTRATIVE 609.90
WIENS UNDERGROUND ELECTRIC LTD 285747 20-.lul-200,4 CONTRACT SERVICES 1,926.00
WILLOUGHBY VOLUNTEER F[REFIGHTERS' ASSOOATION 285748 20-.]ul-2004 REFUND 20,197.95
W[NG,.1ANICE 285749 20-.1ul-20C~ REFUND 673.40
WOLSELEY WATERWORKS GROUP 285884 27-.lul-2004 MATERIALS 643.52
WOLSELEY WATERWORKS GROUP 286160 10-Aug-2004 MATERIALS 1,781.65
WOMEN'S PLACE OF SOUTH NIAGARA INC 285890 27-~u[-2004 GRANT 2,083.33
WOOD, BRADLEY GORDON& CARRERA-WOOD, FRANCESCA MA 286006 03-Aug-2004 REFUND 1,011.18
WRIGHT FUELS INC 285605 13-]ul-2004 MATERIALS 15,054.63
WEIGHT FUELS 1NC 285750 20-]ul-2004 MATERIALS 19,008.16
WRIGHT FUELS INC 286007 03-Aug-2004 MATERIALS 14,791.59
WSIB 285751 20-)ul-20[H REMI1-FANCE 12,290.47
WSIB 286161 10-Aug-2004 ADMINISTRATIVE 26,652.23
WYLIE, BRENDA 285606 13-3ul-2004 ADMINISTRATIVE 119.50
YARNELL OVERHEAD DOOR 285607 13-]ul-2004 CONTRACT SERVICES 144.45
YMCA 285753 20-Jul-2004 GRANT 7,500.00
YMCA 285902 28-.lui-2004 REMi-FFANCE 1,133.74
YOUNG SOD FARMS LTD 285608 13-~ul-2004 MATERIALS 1,528.25
YOUNG SOD FARMS LTD 286162 lO-Aug-20Oq MATERIALS 432.25
ZAVTTZ, SHERMAN 285609 13-)ul-2004 REMITTANCE 1,500.00
Total: 21,808,626.54
Corporate Services Department F-2004-48
· .~-/.~ Finance Divis on Kenneth E. Burden
City of jrJ t 4310 Queen Street
Niogoro FQ,,S yJ~ll~ P.O. Box 1023 Director
Conodo ~~'Niagara Falls, ON L2E 6X5
~JI~F web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2016
E-maih kburden@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-48 - Agreement with Brinks Canada Limited
RECOMMENDATION:
That Council approve the renewal agreement for armoured transportation services with Brinks Canada
Limited for the period July 1, 2004 to July 1, 2007.
BACKGROUND:
For several years, the City has engaged armoured transportation services from Brinks Canada Limited.
These services, by agreement, provide safe and secure transportation of the City's monetary deposits on
a daily basis. Every three years, the services agreement is renewed. The cost for these services is
approximately $8,600 per year. The renewal agreement will cover the period July 1, 2004 to July 1,
2007.
Recommended by: Respectfully submitted:
K. E. Burden .._~ John MacDonald
Director of Finance [-~ Chief Administrative Officer
Approved by:
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems · Legal Planning & Development
Corporate Services Department F-2004-51
· .,~,~, Finance D v s on Kenneth E. Burden
The CiIy of jrj~ 4310 Queen Street
Niogorcl Frills lJ~,~lE, P.O. Box 1023 Director
Concl~~'Niagara Fails, ON L2E 6X5
~,~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: kbu rden@city.niagarafalls.on.ca
August l 6, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2004-51 - Major Receivables Quarterly Report
RECOMMENDATION:
For the information of City Council.
BACKGROUND:
The following is a quarterly report of Tax, Utility and Sundry Receivables to June 30, 2004.
Tax Balances
Current Taxes 2004 2003
Percentage Collected 75% 74%
Levy to Date $96,268,919. $90,650,706.
Collections $72,287,911. $66,855,334.
Balance $24,274,141. $23,795,372.
Tax Arrears
Percentage Collected 20% 34%
Opening Balance $15,073,155. $12,530.276.
Collection $ 3,087,561. $ 4,224.234.
Balance $11,985,594. $ 8,306,042.
Total Unpaid Taxes $36,259,735. $32,101,414.
Working Together to Serve Our Community
Clerks · Finance Human Resources · Information Systems Legal Planning & Development
August 16, 2004 -2- F-2004-5'1
Sundry Receivables 2004 2003
Accounts Receivables $2,785,489. $66,301.
Unpaid accounts are being actively pursued by staff. Delinquent accounts are charged 1 1/4%
interest per month.
Prepared by: Respectfully submitted
Lisa Antonio .J,~John MacDonald
Coordinator of Tax & Receivables-ltJ Chief Administrative Officer
Recommended by:
K. E. Burden
Director of Finance Division
Approved by:
T. Ravenda
Executive Director of Corporate Services
Community Services Department MW-2004-123
The City 01 J~l/ Municipal Works
Ed
Dujlovic
Niagara Falls lJ~l~ 4310 Queen Street Director
Can--'-'--~ 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: edujlovi@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: Re: MW-2004-123
Grassybrook Sanitary Service Area Review
Municipal Class Environmental Assessment
Consultant Engagement
RECOMMENDATION:
It is recommended that the City engage the services of Philips Engineering Ltd. to complete the
Grassybrook Sanitary Service Area Municipal Class Environmental Assessment in accordance
with their proposal dated August 10, 2004, at an estimated fee of $ 57,093 (excluding GST).
BACKGROUND:
The City of Niagara Falls is experiencing development pressure in the southwest comer of the Urban
Area in the vicinity of the proposed Grand Niagara Resort. This area generally defined by the
Welland River to the north, Cmwland Road to the west, Biggar Road to the south and the Q.E.W.
to the east is referred to as the Grassybrook Service Area in the City's Official Plan.
The Grand Niagara Resort project takes in a significant portion of the study area and, based on the
se~icing schedule proposed for this project it would be prudent to commence a detailed engineering
review of the entire service area to ascertain the most cost effective approach to providing a sanitary
sewer outlet for these lands.
Philips Engineering Ltd. has completed a preliminary servicing investigation on behalf of Grand
Niagara Resort and are familiar with the phasing schedule and timing issues related to the resort
villas, conference centre and golf course operations. Staff is recommending, in accordance with the
City's consultant engagement policy with respect to direct appointments, that this consultant be
engaged to complete the Municipal Class Environmental Assessment as set out in the attached
proposal. Given the fact that any solution will involve the construction of new facilities or the
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 16, 2004 - 2 - MW-2004-123
expansion of existing facilities, the study design has been set to follow the requirements of a
Schedule "C" review.
This review has been identified, in part, in the 2004 Development Charges Background Study (DC-
NT-ST8: Garner Sth. Sanitary Servicing EA) and is to be funded entirely from Development
Charges Reserves.
The study process involves at least two (2) Public Meetings with ample opportunity for stakeholder
input commencing later this Fall.
Prepared by: Respectfully submitted:
GeoffHolman ~tr~X(~ John MacDonald
Manager of Development · -' Chief Administrative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:LREPORTS~004 ReportshMW-2004-123 - Grassybrook EA Consultant Engagement.wpd
CITY OF NIAGARA FALLS
Grassy Brook West Sanitary Service Area
Class Environmental Assessment
Study Design
August 10, 2004
PHILIPS ENGINEERING LTD.
3215 North Service Road
P. O. Box 220
Burlington, ON L7R 3Y2
Telephone: (905) 335-2353
Facsimile: (905) 335-1414
PHILIPS
E N G I N £ E I~ I N G 3215 North Service Road, Box 220, Burlington, Ontario L7R 3Y2
A~, 2UU4
Our File: 63500
The City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
ATTENTION: Geoff Holman, C.E.T.
Manager of Development
Dear Sir:
RE: Class Environmental Assessment
Grassy Brook West Sanitary Service Area
Study Design - City of Niagara Falls
Your File: S-70-27
Philips Engineering Ltd. is pleased to have the opportunity to submit this Study Design for the
above-mentioned project.
The Study Design is based on our discussions in your offices of August 9, 2004, as well as on
our local experience. The Study will be conducted in accordance with the Municipal Class
Environmental Assessment, June 2000, and will follow the format for similar assignments
successfully completed by Philips Engineering Ltd.
We look forward to once again providing professional engineering services to the City of
Niagara Falls.
Yours very truly,
PHILIPS ENGINEERING LTD.
P~
Per: Kenneth R. DePodesta, P. Eng.
Consulting Engineer
LDS/ad
Encl.
TABLE OF CONTENTS
Page
1. UNDERSTANDING AND OBJECTIVES ...................................................................... 1
2. WORK PLAN .................................................................................................................... 1
2.1 Phase 1: Identify Problem of Opportunity ........................................................ 1
2.1.1 Project Start-Up/Review of Background Data ............................................ 1
2.1.2 Notice of Study Commencement ................................................................ 2
2.1.3 Problem Definition ............................. ' 2
2.2 Phase 2: Alternative Solutions ............................................................................ 2
2.2.1 Development of Alternatives .............................................. 2
2.2.2 Compile Environmental Inventory .............................................................. 3
2.2.3 Geotechnical Investigation .......................................................................... 3
2.2.4 Impact Assessment and Evaluation of Alternatives .................................... 3
2.2.5 Meeting with City Staff and Key Stakeholders ........................................... 4
2.2.6 Public Information Centre No. 1 ................................................................. 5
2.3 Documentation ....................................................................................................... 5
2.3.1 Sanitary Hydraulic Design .......................................................................... 5
2.3.2 Plan and Profile Drawings .................................................... ~ ...................... 5
2.3.3 Property Requirements ................................................................................ 5
2.3.4 Utilities ..................................................................... 5
2.3.5 Environmental Mitigation Measures ........................................................... 6
2.3.6 Geotechnical Report .................................................................................... 6
2.3.7 Draft Project File ......................................................................................... 6
2.3.8 Public Information Centre No. 2 ................................................................. 6
2.3.9 Presentations ................................................................................................ 6
2.3.10 Final Project File ......................................................................................... 6
4. PROJECT TEAM EXPERIENCE .................................................................................. 7
5. SCHEDULE ..................................................................................................................... 8
Organizational Chart .............................................................................................. Following Text
Schedule .............................................................................................. Following Text
Fee Estimate .............................................................................................. Following Text
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
1. UNDERSTANDING AND OBJECTIVES
This detailed study design has been prepared for thc Class Environmental Assessment (Class
EA) for sanitary sewer servicing of the Grassy Brook West Area, in the City of Niagara Falls.
The study design is structured to follow the first two phases of the Municipal Class EA planning
and design process for a Schedule 'B' project, in accordance with the Municipal Class EA, June
2000.
The City of Niagara Falls Official Plan identifies the area south of the Welland River, east and
west of the QEW, as the Grassy Brook Service Area. The need to service the Grassy Brook
West area, (located west of the QEW), is being driven by the development of the Grand Niagara
Golf Course project. The Grand Niagara Project is located on the west side of Montrose Road
and comprises approximately one half of the Grassy Brook area. There are no immediate
pressures for development of the portion of the Grassy Brook Service Area east of the QEW.
Sanitary servicing of the Grassy Brook West area will require crossing of the Welland River,
which is anticipated to be accomplished by either directional drilling under the river, or
suspension of a forcemain from the existing Montrose Road bridge structure.
A number of alternate outlet scenarios north of the Welland River will be investigated, including:
· Niagara Falls-Oakwood Drive Pump Station (Montrose Road just north of Chippewa
Creek Road);
· Niagara Falls High Lift Pump Station, owned by the Region 0Vlontrose Road at Canadian
Drive), via forcemain the entire length, or
· Niagara Falls High Lift Pump Station, forcemain to Brown Road, with a section of
gravity sewer to Canadian Drive.
2. WORK PLAN
As noted, the project will follow the first two phases of the Municipal Class EA planning and
design process, as follows:
~ 2.1 Phase 1: Identify Problem or Opportunity
2.1.1 Project Start Up/Review of Background Data
Philips Engineering Ltd. is already familiar with the Grand Niagara Site, which will form a
major component of the Grassy Brook Sanitary Servicing area. Other background information,
assumed available from the City of Niagara Falls, including base mapping, official plan or
secondary plan information, as-constructed drawings for the existing downstream sanitary
system, and drawings of other municipal infrastructure, will be reviewed in detail. The
following documents have already been provided by the City:
August 10, 2004 I Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
Montrose Business Park Sewage Pumping Station Design Report, P&R, December 1990;
· Niagara Falls South Side Sewershed Wet Weather Flow CSO Study, Earth Tech, 2001.
Requests will be made for additional information, if required. A field review and photo
inventory of the study area will be conducted by the Project Engineer to confirm information
received.
A meeting will be held with City of Niagara Falls operational and design and construction staff
at the outset of the study, to obtain input to the project.
2.1.2 Notice of Study Commencement
In consultation with the City of Niagara Falls, Philips Engineering Ltd. will prepare a draft
stakeholder list. Stakeholders will include landowners within both the Grassy Brook West and
East areas. A Notice of Study Commencement will be prepared by Philips for publication and
mailing by the City of Niagara Falls.
2.1.3 Problem Definition
A formal "problem definition" for sanitary servicing of the Grassy Brook Sanitary Servicing
Area will be defined, based on proposed future land use and input from various stakeholders and
agencies. Future sanitary flows for development of the area will be calculated for various
development scenarios, based on most likely and possible development plans. The capacity of
the receiving sanitary infrastructure, including trunk sewers and the Niagara Falls High Lift
Pumping Station, will be confirmed with the City of Niagara Falls and Region of Niagara, as
appropriate. Possible external development, which may affect the available capacity of
downstream receiving infrastructure, will be assessed. For example, the City has advised that
high wet weather flows and low dry weather flows from "Jellystone Park" are a factor in
downstream capacity availability, which is currently being addressed by the City.
2.2 Phase 2: Alternative Solutions
2.2.1 Development of Alternatives
Sanitary servicing alternatives will be identified, which address the study objectives identified in
Phase 1. Altematives will include a wide range of planning alternatives, however, only
reasonable alternatives will be carried forward. Alternatives to be considered and evaluated will
include both a siphon crossing and a forcemain crossing of the Welland River, as well as various
alignment and outlet location options. (It is anticipated that the siphon option will not be feasible
due to lack of gradient). Installation of the forcemain by boring under the Welland River, vs.
suspension of the forcemain from the existing Montrose Road bridge structure, will also be
considered.
Difficulties due to low interim flows from the Grand Niagara site may require that smaller
interim wet wells, pumps and forcemain diameters may be required.
August 10, 2004 2 Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
2.2.2 Compile Environmental Inventory
All existing environmental data received from various sources will be compiled and reviewed.
Detailed field reviews will be completed, which will document existing natural and
socio-economic conditions. As it is anticipated that the proposed forcemain/trunk sewer will be
constructed within existing easements, natural environmental impacts are anticipated to be
minor. In addition, amhaeological impacts are not anticipated.
2.2.3 Geotechnical Investigation
A geotechnical investigation is required to determine the soil and groundwater conditions at the
Welland River crossing to confirm the feasibility of directional drilling. In addition,
geotechnical engineering parameters are needed for the design of various aspects of the work that
will be required to construct this section of the forcemain.
Terraprobe will conduct a program of investigation, including two 6 m deep boreholes to be
located on either side of the Welland River. The boreholes will be drilled using a track-mounted
power auger drill rig supplied and operated by a specialist drilling contractor. The boreholes will
be advanced using continuous flight augers. Soil samples will be obtained at 0.76 m intervals of
depth using conventional split-spoon sampling equipment. Piezometers will be sealed into the
boreholes to assess the groundwater conditions.
The fieldwork will be continuously supervised by an experienced technician who will locate the
boreholes, arrange for underground service locates, direct the drilling and sampling operations,
and log the boreholes.
The soil samples recovered from the boreholes would be brought to Terraprobe's Stoney Creek
laboratory for examination and selective laboratory testing. The laboratory testing will include
determination of the water content of the samples. Chemical analyses will be carried out on two
soil samples to identify potential constraints with respect to disposal of excess excavated soil. In
addition, an allowance for one soil corrosivity analyses (includes determination of pH,
resistivity, Redox, chloride, sulphate and sulphide) has been included to assess the
aggressiveness of the subsurface environment to underground plant.
2.2.4 Impact Assessment And Evaluation of Alternatives
A set of criteria by which to measure each alternative will be identified. The criteria will be
organized under the following general factors:
· Social Environment
· Natural Environment
· Technical
· Economics
Based on the environmental inventory, the Project Team will assess the potential impacts of each
sanitary servicing alternative, as follows:
August 10, 2004 3 Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
Social Environment
Each alternative will be reviewed to determine compatibility with existing and proposed land
use. Property impacts will be determined for each alternative. Temporary impacts during
construction will be considered.
The impact on existing utilities and associated relocation costs will be examined for each
alternative.
Archaeology
It is not anticipated that archaeological resources will be affected by the proposed forcemain or
sewer. However, the site selected for a pumping station may be of concern. It is understood that
appropriate investigations are being completed for the Grand Niagara Site, which will likely be
of some use in clearing potential pumping station sites. No allowance has been made for
archaeological investigation as part of this study.
Natural Environment
Natural environmental impacts are anticipated to be minor. A general assessment of potential
impacts to existing vegetation and stormwater quality and quantity will be conducted for each
alternative. This will also include a general overview of potential mitigation measures associated
with each alternative including possible landscape planting.
Technical
Each alternative will be assessed based on its technical merit. Only alternatives meeting
minimum municipal and provincial standards will be proposed, however, certain designs may
prove better able to meet the study objectives, or may prove to be simpler or more cost effective
to construct or maintain.
Economics
Capital and operating costs, possibly presented as lifecycle costs, will form the basis for this
evaluation criterion.
2.2.5 Meeting with City Staff and Key StakehoMers
A meeting with City of Niagara Falls staff will be convened to present the findings of the study
to-date and to solicit comments and suggestions. Following this meeting, a separate meeting will
be held with key stakeholders including adjacent landowners, agencies, and Niagara Region
staff. The meetings will enable refinement of the evaluation of alternatives.
August 10, 2004 4 Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
2.2.6 Public Information Centre No. 1
It is proposed that the need and justification for sanitary servicing of the Grassy Brook Area, and
the generation and evaluation of altematives be presented to the public in the form of a walk-in
Public Information Centre. Input will be solicited from stakeholders, enabling confirmation of
the preferred alternative. Display boards and handout information will be prepared.
Draft notification of the Public Meeting will be prepared by Philips Engineering Ltd. for
publication and mailing by The City of Niagara Falls. Arrangements will be made for hall rental,
to be paid by the City of Niagara Falls. A summary of the proceedings will be prepared and
responses to written comments will be prepared and issued.
2.3 Documentation
Preliminary design drawings and a "Project File" document will be prepared to address the
following:
2.3.1 Sanitary Hydraulic Design
Sanitary design flows will be calculated based on the proposed land use within the existing
approved urban area. Pump capacity, forcemain diameter and wet well sizing will be determined
for both interim and ultimate flows. The design will address possible accommodation of part of
the Grassy Brook East area.
2.3.2 Plan and Profile Drawings
Preliminary drawings will be prepared indicating the preferred sewer/forcemain alignment. The
location of the proposed pump station will also be indicated. It is assumed that sufficient digital
information is available to create an original ground profile to serve as a basis for the
sewer/forcemain design profile. It is assumed that recent (2002) aerial photography will be made
available from the City or Region of Niagara for use on this project.
2.3.3 Property Requirements
The existing right-of-way will be confirmed along the proposed alignment, based on information
provided by the City. Should additional property be required (particularly for the pumping
station) a property request plan will be prepared.
2.3.4 Utilities
Utility locations will be confirmed with utility companies. Utility relocation requirements will
be detailed on the plan/profile drawings and cost estimates will be provided.
August 10, 2004 5 Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
2.3.5 Environmental Mitigation Measures
Environmental mitigation measures will be detailed in the preliminary design drawings where
appropriate. A table summarizing environmental concerns and commitments will be prepared, to
ensure that all environmental mitigation commitments are carried forward to detail design, for
inclusion in futura contract drawings and specifications.
2.3.6 Geotechnical Report
The results of the investigation will be detailed in a report that will include plans showing the
borehole locations, records of boreholes, and the results of the laboratory testing.
Interpretation of the results of the field and laboratory testing will be included in the report along
with a discussion of the geotechnical engineering aspects to be considered in the design of the
work.
2.3.7 Draft Project File
A draft Project File will be prepared and submitted to the City of Niagara Falls, and key
stakeholders for review.
2.3.8 Public Information Centre No. 2
It is proposed that the preferred design (plan/profile drawing) and draft project file be presented
to the public in the form of a walk-in Public Information Centre. Input will be solicited to refine
the preferred design.
As with PIC 1, draft notification of the Public Meeting will be prepared by Philips Engineering
Ltd. for publication and mailing by the City of Niagara Falls. Arrangements will be made for
hall rental, to be paid by the City of Niagara Falls. A summary of the proceedings will be
prepared and responses to written conunents will be prepared and issued.
2.3.9 Presentations
Presentations will be made, as required, to the City of Niagara Falls Community Services
Committee.
2.3.10 Final Project File
Following acceptance by the City of Niagara Falls, final copies of the final Project File will be
prepared. A draft notice of study completion will be prepared by Philips for publication by the
City.
August 10, 2004
6 Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
3. PROJECT TEAM
Philips Engineering Ltd. will be responsible to the City of Niagara Falls for the entire project
and will co-ordinate the activities of the Project Team. Project Management will be provided by
David Sinke, P. Eng., of Philips Engineering Ltd. Ken DePodesta and Bob McLaughlin of
Philips Engineering Ltd. will be available in advisory roles. Gary Muckle P. Eng. of
Terraprobe will complete a preliminary geotechnical assessment. Paul Neales of Azimuth
Environmental will carry out environmental investigations (terrestrial and fisheries) on an as-
needed basis.
Curriculum Vitae for project team members can be found in Appendix 'A'. The attached
Organizational Plan depicts the organizational structure proposed for this project.
4. PROJECT TEAM EXPERIENCE
The following projects demonstrate the experience of the Philips' team on projects of similar
scope. David Sinke was involved as Project Engineer and Environmental Assessment
Co-ordinator on all three projects.
University Gardens (Dundas) Sanitary Siphon
(Regional Municipality of Hamilton. Wentworth)
This project involved Class Environmental Assessment, detail design and contract administration
for replacement of the sanitary siphon servicing the University Gardens neighbourhood of
Dundas. The siphon consists of two legs extending from David Street and Sheldon Street,
northerly through two privately owned wooded ravines, converging in the floodplain area south
of the Spencer Creek, and crossing Spencer Creek at East Street.
The siphon was constructed using both open cut and directional drilling methodologies,
including directional drilling under the Spencer Creek.
The project was subject to a Schedule 'B' Class EA and review and approval by the Region's
"ESAIEG Committee." An alignment was established in the field, with input from various
stakeholders, to minimize impacts to terrestrial resources. An impact evaluation study and report
were prepared by Philips Engineering and Dougan and Associates (sub-consultant to Philips
Engineering).
Georgetown West Sanitary Trunk Sewer (Halton Region)
This project involved the detail design of approximately 3 km of 300 and 45 mm sanitary sewer,
through a highly environmentally sensitive area in West Georgetown. The project area was a
prestigious golf course adjacent to a cold-water fishery, with high groundwater table and poor
soil conditions~ Construction methodologies included both open cut and directional drilling.
The project enabled the major expansion of Georgetown in the Town of Halton Hills.
August 10, 2004 7 Philips Engineering Ltd.
CITY OF NIAGARA FALLS Grassy Brook Sanitary Service Area
Class Environmental Assessment
Study Design
Dunnville Northwest Quadrant Municipal Servicing Plan (Town of Dunnville)
Philips was retained by the Town of Dunnville to complete a Class EA and Servicing Plan for
water, wastewater, drainage and transportation for the Dunnville Northwest Quadrant. The
assignment included preliminary and detail design of a sanitary sewer system for the northwest
quadrant area of the Town of Dunnville, including design of a sanitary pumping station.
5. SCHEDULE
The attached Ghant Chart summarizes the major anticipated activities and associated time frames
for this study.
August 10, 2004 8 Philips Engineering Ltd.
PROJECT TEAM
GRASSY BROOK WEST SANITARY SERVICE AREA
CLASS EA
I G EOFI: HOLMAN ]
PROJECT M/, N4 G I£R
CITY OF NIAGARA FALLS
KENNETH DEPODESTA PROJECT MANAGER ADVISORY
DIRECTOR ENVIRONMENTAL PLANNING
PHILIPS ENGINEERING LTD. PHILIPS ENGINEERING LTD.
FELIX WONG JAMIE CABRAL GEOTECHNNICAL WA TURAL HERITAGE I
SANITAR Y/H YDRA ULIC DRA WING IN VES TIGA TIONS IN VES TIGA TIONS
DESIGN PREPARATION TERRAPROBE ~.ZIMUTH ENVIRONMENTALJ
Grassy Brook West Sanitary Service Area Schedule
Class Environmental Assessment
City of Niagara Falls
I
]September IOctober November December ]January ]February IMarch ]Apdl IMay ]June
~2. I 0/~2 19/26 ~0~0 ~0/24 ./7 a~2~I ~s I~gI 4/2 ~/~6 1 ~/30 12/~3 r ~27 r ~313/2714/10 / 4/24 I 5/8 I 5/22 I 615
I IDENTIFY PROBLEM OR OPPORTUNITY :: [ v ~ : .~ [ :.
2 Start Up Meeting : ~ ~.1011 i :: : :
3 Collect Background Data
4 Notice of Study commencement : : :: ~ /2 i : ---
5 Calulate Future Sanitary Flows ~i
6 Confirm Downstream Capacity
7 Complete Geotechnicai in~tJgati0n
8 ALTERNATIVE PLANNING SOLU'FiONS
10 Develop Alternatives
12 Meeting with City
13 Meeting with Stakeholders
15 DOCUMENTATION
16 Prepare Draft Project File [
18 Prepare Final Project File
19 Present to Community Services Commi,ee ~ : ii
20 File Project File : i : : i
Grassy Brook Sanitary Service Area August 10, 2004
Class Environmental Assessment
City of Niagara Fails
PROPOSED WORK PLAN, STAFFING COMMITMENT and FEE SCHEDULE
ACTrVITY DESCRIPTION ESTIMATED MAN DAYS LABOUR OlSBURS. SUBCONSULTANT TOTAL SUBCONSULTANT
Proi Man Proj Int CADD Support
Ph 1 f P t RRM DS JC AO
TOTAL 3 18,5 41 14.5 6 [ $45,839 I $4.600 $6,654 $57,093
Community Services Department MW-2004-119
Municipal Works
· 4310 Queen Street
The C~ty of ~,~ Ed Dujlovic
Director
P.O, Box 1023
N-.'°gQr.° Fa"s Il N'agara Fa,,s. ON L2E 6X5
L,,cln~,~ web site: www.city.niagarafalls.on.ca
-/ Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city,niagarafalls,on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: RE: MW-2004-119
Traffic Control Signal Devices
Maintenance and Operations Agreement
RECOMMENDATION:
It is recommended that:
1) the City enter into a six-month Traffic Control Signal Devices Maintenance and
Operations Agreement with the Regional Municipality of Niagara, and;
2) the Mayor and Clerk be authorized to execute the said agreement.
BACKGROUND:
For many years now, the Region of Niagara has maintained traffic control signal devices for all
the Municipalities in the Region, on the basis of an informal and/or verbal arrangement.
With all of the downloading of roads that took place in recent years, as well as, the growth in
new development in the City, our traffic signal compliment has more than tripled in the last 10
years. We currently have more than 45 traffic control signal and flasher devices under the City's
jurisdiction.
The Region, along with it's partnering Municipalities have prepared an agreement that will
consistently address the maintenance and operations aspects of maintaining the traffic control
signal devices. The agreement will cover everything from the cleaning of signal lenses to the
programming of signal timings. By maintaining signals in a consistent manner, it can serve to
reduce liability and assist in determining when equipment needs to be upgraded/replaced.
V~orking Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 16, 2004 -2 - MW-2004-119
We are suggesting that the first agreement be for approximately six months and that the
following agreements will be either two or three years in duration to coincide with the Region's
outside worker union contracts. This will give us the ability to better define our budgeting
requirements for each year.
Council's concurrence with the recommendations outlined in this report would be appreciated.
Prepared by: Respectfully submitted:
,q~r"~John MacDonald
FManager of Traffic & Services x- Chief Administrative Officer
Parking
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
V52004COUNC IL\040816~vl W-2004-119 Traffic Signal Maintenance Agreement.wpd
File: G-180-19
Community Services Department MW-2004-127
City Of ~A~ Municipal Works Ed Dujlovic
(~i~ 4310 Queen Street
or.~ Foils lJk Director
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: edujlovi@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-127 - Occupation of City Roads
(NRBb0 Fibre Optic Project
RECOMMENDATION:
It is recommended that the City enter into a Communication Access Agreement for the installation
and maintenance of fibre optic network by Niagara Regional Broadband Network Limited (NRBN)
within City road allowances.
BACKGROUND:
In November 2002, the Region of Niagara entered into an agreement with NRBN a consortium of
loca! hydro utilities which, includes Niagara Falls Hydro, to provide high-speed telecommunication
services to various Regional and School Board facilities. In order to provide these high-speed
services, installation of fibre optic wire will be required on poles, primarily Niagara Falls Hydro
poles, and buried fibre optic within the City's road allowances. The agreement that has been
prepared sets up the terms and conditions for allowing the fibre optic network within the City's road
allowance, as well as providing protection for other infrastructure and address liability aspects.
Council's concurrence with the above recommendation would be appreciated.
.~ar~ Respectfully submitted:
Ed Dujlovic, P.Eng. x~ John MacDonald
Director of Municipal Works Chief Administrative Officer
S:~REPORTS\2004 Reports~MW-2004-127 - Fibre Optic Network.wpd
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
Community Services Department MW-2004.128
The Cily of ~&- Ed Dujlovic
· Municipal Works
NciQQnQQQ;QQ 4310 Queen Street
Falls ll~llr Director
P.O. Box 1023
~~Niagara Falls, ON L2E 6X5
~ I~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-128
Beaverdams Road Traffic Calming & Asphalt Overlay
Lundy's Lane to Kalar Road
Contract 2004-12%03
RECOMMENDATION:
It is recommended that thc trait prices submitted by the low tenderer, Rankin Construction Inc., be
accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of a representative of the City Clerk, Mr. Ray
Miller, opened tenders on Tuesday, August 10, 2004 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by seven (7) Contractors and five (5) bids were received.
Listed below is a summary of the totaled tendered prices, excluding GST, received from the seven
(7) Contractors.
1. Rankin Construction Inc. (St. Catharines) $224,787.00
2. Norjohn Limited (Thorold) $233,300.00
3. Economy Paving Company (Niagara Falls) $243,000.00
4. Hard-Rock Construction Inc. (Port Colbome) $260,372.00
5. Steed and Evans Limited (Thorold) $262,998.00
tVorking Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture. Business Development · Building & By-Law Services
August 16, 2004 -2- MW-2004-128
The lowest tender was received from Rankin Construction Inc. in the amount of $224,787.00.
This Contractor has previously performed similar type projects for the City. We are therefore, of the
opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $200,000.00
Project Costs:
Awarded Contract $224,787.00
Net GST (3%) $ 6,743.61
TOTAL $231,530.61
Funding:
2004 Capital Beaverdams Road Traffic Calming $110,000.00
2004 Capital Asphalt Overlay and Road Rehabilitation
Acct. 12-3-310000-030000 R24 $122,000.00
TOTAL $232,000.00
This project is scheduled to commence on August 30, 2004, and all work to be completed within
25 working days.
Council's concurrence with the recommendation made would be appreciated.
Prepared by: Respectfully submitted:
Bob Darrall ,._~,,--'John MacDonald
Project Manager Mt'ar Chief Administrative Officer
A~,~r~
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:XREPORTS~2004 Reports\MW-2004-128 Tender 2004-127-03 Beaverdams Road Traffic Calming & Asphalt Overlay ,wpd
Community Services Department MW-2004-129
The City of ~&- Municipal Works Ed Dujlovic
Nio oro FoilsIll ' 4310 Queen Street
A g . ~J~,~l~' P.O. Box 1023 Director
~...on~,,~~ Niagara Falls, ON L2E 6X5
~111~r web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-129
Kalar Road Reconstruction & Storm Sewer
From Thorold Stone Road to Shriner's Creek
Contract 2004-130-03
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders
on Thursday, August 5, 2004 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by fourteen (14) Contractors and five (5) bids were received.
Listed below is a summary of the totaled tendered prices, excluding CST, received from the five (5)
Contractors.
1. Norjohn Limited (Thorold) $253,300.00
2. DeRose Bros. General Contracting Ltd. (Thorold) $285,769.72
3. Alfidome Construction Limited (Niagara Falls) $289,884.70
4. Steed and Evans Limited (Thorold) $294,701.70
5. Rankin Construction Inc. (St. Catharines) $307,492.20
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 16, 2004 -2- MW-2004-129
The lowest tender was received from Norjohn Limited in the amount of $253,300.00.
This Contractor has previously performed similar type projects for the City. We are therefore, of the
opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $290,000.00
Project Costs:
Awarded Contract $253,300.00
Net GST (3%) $ 7,599.00
TOTAL $260,899.00
Funding:
2004 Capital Asphalt Overlay & Road Rehabilitation
Acct. 12-3 -310000-030000 R24 $95,100.00
2004 Capital New Sidewalk Construction
Acct. 12-3-310000-030000 R6 $25,021.18
2004 Capital Water Replacement Program
Acct. 12-3-430000-030000 W3 $ 5,000.00
Development Charges - Road $52,400.00
Development Charges - Storm Sewer $11,100.00
Development Charges - Sidewalk DC-NT-SW13 $33,300.00
Niagara Catholic District School Board - Cost Sharing $39,078.82
TOTAL $261,000.00
This project is scheduled to commence on September 13, 2004, and all work to be completed within
25 working days.
Council's concurrence with the recommendation made would be appreciated.
Prepared by: Respectfully submitted:
Bob Darrall _~"-John
MacDonald
Project Manager ' Chief Administrative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
S:~.EPORTS~2004 Reports\MW-2004-129 Tender 2004-130-03 Kalar Road Reconstruction & Storm Sewer ,wpd
Community Services Department MW-2004-130
The C ty of Ed Dujlovic
' Municipal Works
Ncioa~ 4310 Queen Street
or.o
P,O. Box 1023
~~ Niagara Fails, ON L2E 6X5
~1~~~- I~ web site: www.city,niagarafa[Is.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-malt: ed ujrovi@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW-2004-130
Kalar Road Sidewalk Construction
From Shrinerts Creek to Mount Carmel Boulevard
Contract 2004-140-04
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction
Limited, be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders
on Thursday, August 5, 2004 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by five (5) Contractors and three (3) bids were received.
Listed below is a summary of the totaled tendered prices, excluding GST, received from the three
(3) Contractors.
1. Alfidome Construction Limited (Niagara Falls) $80,705.00
2. Sacco Construction Ltd. (Niagara Falls) $93,221.00
3. Steed & Evans Ltd. (Thorold) $106,633.00
The lowest tender was received from Alfidome Construction Limited in the amount of $80,705.00.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 16, 2004 -2- MW-2004-130
This Contractor has previously performed similar type projects for the City. We are therefore, of the
opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $80,000.00
Project Costs:
Awarded Contract $80,705.00
Net GST (3%) $ 2,421.15
TOTAL $83,126.15
Funding:
Development Charges DC-NT-SW13 $47,381.90
2004 Capital New Sidewalk Construction Acct. 12-3-310000-030000 R6 $35,744.25
TOTAL $83,126.15
This project is scheduled to commence on August 30, 2004, and all work to be completed by October
1, 2004.
Council's concurrence with the recommendation made would be appreciated.
Prepared by: Re~~ed:
Bob Darrall ~ John
MacDonald
Project Manager · - Chief Administrative Officer
Ed Dujlovic, P.Eng.
Director of Municipal Works
S :kREPORTS\2004 ReportsWlW-2004-130 Tender 2004-140-04 Kalar Road Sidewalk Construction.wpd
Corporate Services Department PD-2004-69
The City Of ~l~d Planning & Development Doug Darbyson
4310 Queen Street Director
Niagara FaJJ$~l~dd~ P.O. Box 1023
Can~~ Niagara Falls, ON L2E 6X5
~-r web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih Plan ning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-69, Ministry of Municipal Affairs & Housing
Planning Reform Initiatives
RECOMMENDATION:
It is recommended that:
1) this report be received for information purposes; and
2) that this report be forwarded to the Ministry of Municipal Affairs and Housing for
consideration regarding areas suggested by staff where more Provincial direction should be
provided.
BACKGROUND:
The Ministry of Municipal Affairs and Housing issued its Planning Reform Initiatives in June 2004.
The Ontario government has based the need for planning reform on the pressures confronting the
Province today, such as: urban sprawl, growth pressures in the Golden Horseshoe, loss of prime
agricultural lands, the need for enhanced envirommental protection, and the need for a strong
economy.
The Initiatives consist of the following consultation discussion papers:
· Planning Act Reform and Implementation Tools (Consultation Discussion Paper # 1).
Provincial Policy Statement (Consultation Discussion Paper #2).
· Ontario Municipal Board Reform (Consultation Discussion Paper #3).
The Ministry has circulated these papers to the Municipality as well as the general public for
comments. Planning staff has reviewed these three documents and has highlighted those areas that
we believe to be of relevance to the City of Niagara Falls in this report. Some feedback to the
Province is also included.
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal · Planning & Development
August 16, 2004 - 2 - PD-2004-69
Planning Act Reform and Implementation Tools (Consultation Discussion Paper//1)
Planning Act Reform has been proposed through Bill 26, the Strong Communities Act which
proposed changes to the Ontario Planning Act. These changes were previously discussed in Planning
Report PD-2004-26, however, there are several points which merit further discussion.
· Increased Application Processing Timelines
The Act proposes increased processing times for planning applications. The additional time
provided is a more accurate reflection of the actual time needed by a municipality to process
a planning application through to the decision making stage. By eliminating the threat of an
appeal to the OMB early on in the process, the municipality is given more time to consider the
increasingly complex applications submitted.
· Rights of Appeal
Bill 26 removes the rights of appeal against the decision of a municipality (Regional or local)
not to expand an urban boundary. The purpose of this change is to give the local decision
makers the ultimate authority to decide against an urban boundary expansion xvithout the threat
of a costly OMB hearing by the developer. Where an area is subject to a two-tier government,
the ultimate decision making power rests with the Regional level who may choose to refuse
approval of a boundary expansion.
· Implementation Tools
The discussion paper presents some implementation tools for the planning reform initiatives.
Ideas include Regional Community Improvement Plans for regional wide issues such as transit;
a Development Permit System; new Provincial Standards to support intensification and
Provincial Support Materials for policy creation (e.g., affordable housing, transit). Further
detail on the framework within which these tools could apply would be of assistance. Planning
staff feels that use of the Development Permit System (where several planning applications are
processed as one) may be beneficial in some areas of Niagara Falls and the implementation of
the System should be further explored.
Provincial Policy Statement (Consultation Discussion Paper//2)
The Province initiated a 5-year review of the Provincial Policy Statements (PPS) in 2001 and has
issued its revised draft policies in Consultation Discussion Paper //2. The proposed Policy
Statements are definitely structured to support Smart Growth Principles in the protection of
agricultural land, natural resources, land use intensification and transit-supportive land use patterns.
The major points of change in the Provincial Policy Statements are:
prohibiting urban boundary expansion onto specialty crop lands;
prohibiting new residential lots (includes retirement lots, surplus farm dwellings and infill lots)
on prime agricultural lands and specialty crop lands;
strictly limiting the redesignation of prime agricultural (Class t, 2 or 3) to other uses;
· the use of watersheds as basis for planning to protect water;
· stronger support for the protection of significant natural heritage features;
August 16, 2004 - 3 - PD-2004-69
· the requirement for municipalities to set minimum targets for the provision of affordable
housing;
the promotion of transit-supportive land use patterns including density/intensification targets;
the requirement for intensification, redevelopment and infill prior to urban expansion; and
the expansion of upper-tier roles to direct growth, set targets for intensification/minimum
densities and set minimum densities for transit corridors.
A major change to the Planning Act proposed through Bill 26 is to strengthen the implementation
of the Provincial Policy Statements (PPS). A planning decision must now "be consistent with"
rather than "have regard to" to the Provincial Policy Statements. This means that provincial interests
are implemented through decisions rather than just referred to. Planning staff supports the idea of
strengthening the PPS and eliminating much of the confusion presented by the term "have regard to".
However, the strengthening of the policies should be accompanied by increased information from
the Province on the issues contained within the PPS. Several examples include:
an update of provincial identification of existing significant natural areas and completion of
those areas that have not yet been assessed;
· Provincial identification of significant wildlife/woodlot areas;
formalization of the separation distances for industrial uses for risk management purposes; and
· how to achieve the required provision of affordable housing through the housing market and
the responsibility for monitoring same.
Ontario Municipal Board Reform (Consultation Discussion Paper #3)
Several proposed changes to the Planning Act through Bill 26 will affect the Ontario Municipal
Board. These changes will effectively:
· prevent appeals to the OMB on urban boundary expansions that are not supported by municipal
councils; and
decrease the number of appeals to the OMB by increasing the length of time available for
review and public consultation ofplauning applications before they can be appealed.
As part of Planning Reform, the Government will be reviewing the role of the OMB in terms off
· their mandate (i.e., complexity of applications);
· their accountability (to stand in the place of elected councils);
· the qualifications of the OMB members; and
· public participation in OMB hearings.
The major concern with the functioning of the Ontario Municipal Board seems to be centred around
public participation. Suggestions noted by the Ministry to generate discussion include a better
mediation process, increased staff to assist the public with the heating process and a help manual for
participants in the process.
Public Meetings
Public meetings were held across Ontario including one June 2004 in Niagara Falls by Provincial
representatives. The meeting was attended by representatives of the farming and environmental
August 16, 2004 - 4 - PD-2004-69
communities, as well as generally interested individuals. A brief summary of the comments heard
is provided below.
· The majority of public speakers stated support for the strength given to the Provincial Policy
Statement through the "shall be consistent with" provision. Several speakers noted that the
Niagara Region has always been in support of the restriction of urban boundary expansions as
is being encouraged in the new policies.
· In terms of agriculture, there was a mixed response ranging from the opposition by some
farmers to the removal of consent provisions for farm retirement and surplus farm dwellings,
to support by conservationists for the limiting of severances. A more refined definition of
prime agricultural lands was requested (i.e., more than the reference to just soil classifications).
· Several attendees felt that the grounds of good planning were sometimes set aside in favour
of legal issues which seemed to determine the decisions of the OMB (i.e., proving error in
law). Some felt that, as members of the public, their lay person evidence wasn't given enough
credence, that they were often badgered by legal Counsel, and that they required more guidance
from the Board Chairman. Legal aid or financial assistance to hire consultants was suggested
as a way of assisting the general public without the same financial means as developers.
CONCLUSION:
The proposed Planning Reform documents clearly illustrate the direction of the Ministry of
Municipal Affairs to follow Smart Growth principles of planning: intensification of uses, the
protection of natural and agricultural resources, and strong communities. When adopted, these
Planning Initiatives will filter down to the Regional and Municipal levels of government for
implementation.
Further details on the documents summarized above can be obtained through the Planning Division
or from the Province's website at www.planningreform.ontario.ca
Prep~ R~p~i:ted:
ran~c'~esca Berardi _~o~ MacDonald
Planner 2 Chief Administrative Officer
Recommended by:
recDarbys°n
tor of Planning & Development
T. Ravenda
Executive Director of Corporate Services
FB:gd
Attach.
S 5PDR~2004h°D2004-69, Planning Reform Initiatives.wpd
Corporate Services Department PD-2004-71
TN .... ~'/'~ Planning & Development
ne L;~ty or 4310 Queen Street Doug Darbyson
iagaro Falls lJ~l~ P.O. Box 1023 Director
CanQ~~" Niagara Falls, ON L2E 6X5
~1~ web site: www.city.niagarafalis.on.ca
Tel.: (905) 356~7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004-71, Request for Extension to Draft Plan Approval
Chlppawa West Phase II, File 26T-94009
Owner: Qneensway-Chippawa Properties Inc.
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the Chippawa
West Phase II Plan of Subdivision, conditional on the applicant maintaining the appropriate
subdivision sign on the property for public information purposes.
BACKGROUND:
Conditions of the original draft plan approval for this subdivision indicate that 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 of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council 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
The developer has submitted a request for a three-year extension to draft approval of the Chippawa
West Phase II Plan of Subdivision (see attached letter and location map). Original draft approval
for the plan was received from the Region on August 15, 1996. Previous requests have been granted
by Council to extend draft plan approval for the subdivision. In addition, a temporary extension was
granted by staff as the anniversary of the formal approval date has passed and to allow a review of
the request.
Working Together to Serve Our Community
Clerks · Finance Human Resoumes Information Systems · Legal · Planning & Development
August 16, 2004 - 2 - PD-2004-71
The subdivision conforms to the City's Official Plan and the land is zoned appropriately. This large
plan has a mix of residential dwelling types. The first phase of the subdivision contains over 200
units. There are no additional expenditures required on the part of the municipality for external or
internal servicing or oversizing. The developer intends to proceed with the subdivision when market
conditions and servicing costs are appropriate. The City owns a large woodlot in the southwest
portion of the plan. The Region has no objection to the extension of draft approval for a one-year
period. This annual extension review was noted when subdivision approval authority was delegated
to the City and allows the regular consideration of the appropriateness of subdivision design and
conditions.
CONCLUSION:
Based on this review, a further one-year extension (until August 15, 2005) to draft plan approval can
be supported, conditional on the subdivision sign being maintained for public information purposes.
Prepared by: Respectfully submitted:
Richard Wilson ,..{-tv'""- John MacDonald
Planner 2 '~ Chief Administrative Officer
Recommended by:
Doug Darbyson
irector of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
S:kPDR~2004kPD2004-71, ChJppawa West Phase ILwpd
Te).: (905) 669-5571
Fax: (905) 669-2134
I '~ ,~n~d.
June 9, 2004
City of Niagara Falls
Planning and Development Department
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 8X5
Attention: Mr. Doug Darbyson, M.C.I.P., R.P.P.,
Director of Pianninq and Development
Dear Sir:
Re: Queensway Chippawa Properties Inc.
Chippawa West Phase 2; Draft Plan 26T-94009
Request for Renewal of Draft Plan Approval
Please be advised that we wish to request the extension of draft plan approval for the
above noted plan for a further 3 years.
As per the issuance of Draft Approval, we are requesting that the above noted Draft Plan
be extended for 3 years per the current policies within the Planning Act. it is our
intention to commence this development once the market conditions and servicing costs
are appropriate.
If any fees are involved in extending Draft Plan approval, please advise.
I await your comments in regards to the above.
Yours truly,
NT INC.
Darren Steedman, M.C.I.P., R.P.P. R E C E I V E
Project Manager
JUN 1 5 200
DS:st
PLANNING
& DEVELOPMENT..
MEMBER
Draft Plan of Subdivision
Chippawa West Phase I1
26T-94009
LOCATION MAP
Subject Lands
1: NTS
K:\GI S_RequestsL2003\S cheAules\Subdivisions\chphase2~napping- apr
Corporate Services Department PD-2004-73
Planning & Development Doug Darbyson
The City of ~llt' 4310 Queen Street Director
Niagoro Foils yJ~_ P.O. Box 1023
Niagara Falls, ON L2E 6X5
Con~W web site: www.city.niagarafalls.on.ca
~ l~-' Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2004~73, Proposed Terms of Reference
Niagara Waste Systems (Walker Industries Holdings Limited)
Provision of Future Waste Disposal Capacity in the
City of Niagara Falls
RECOMMENDATION:
It is recommended that Council inform thc Ministry of the Environment it has no objections to the
approval of the above noted Terms of Reference, subject to modifications outlined in this report.
BACKGROUND:
The purpose of this report is to provide comments to the Ministry of the Environment on a proposed
Terms of Reference (TAR) and Supporting Documentation for an Environmental Assessment for
future waste disposal capacity in Niagara Falls. Comments are required to be submitted to the
Ministry of the Environment by August 23, 2004.
The proposed TaR, submitted by Niagara Waste Systems, a subsidiary of Walker Industries Holdings
Limited, provides the framework under which a future environmental assessment will take place to
provide future waste disposal capacity for the next 20-25 years. The framework establishes the
alternatives which will be considered and the method by which they will be assessed. A map
showing the location of Walker's current landfill operations and existing and future quarry operations
is attached as Schedule 1.
The remainder of this report identifies the key components of the study framework and provides
comments on how it can be clarified and improved.
Walkers has endeavoured to provide the public and agencies several avenues to participate in the
development of the TaR including an Environmental Assessment Committee with participation
from Planning and Municipal Works staff as non-voting members. Notices have recently been
published in the local newspapers by Walkers inviting the public to comment on the TaR to the
Ministry of the Environment and explaining where copies are available for review.
Working TogeCer to Serve Our Community
Clerks · Finance Human Resources Information Systems · Legal · Planning & Development
August 16, 2004 - 2 - PD-2004-73
Description of Undertaking
The ToP. indicates the purpose of this environmental assessment is the provision of future waste
disposal capacity in the City of Niagara Falls £or solid, non-hazardous waste generated within the
Province of Ontario. This wording would allow flexibility for dealing with the disposal of ICI
(Industrial, Commercial and Institutional) as well as Residential waste in various amounts depending
on future needs. Currently about 30% of the waste tracked to the existing facility is generated within
the Region with the remainder generated outside the Region.
Identified Problems and Opportunities
The proposed ToR identifies the problem that the existing landfill site is at 75% of its capacity and
has about 5 (five) years of approved disposal capacity remaining. The company argues local waste
disposal capacity needs will be greatly impacted if additional waste disposal needs are not addressed.
It is important to note the Region of Niagara and City of Hamilton are initiating an environmental
assessment for the management of municipal solid waste and are relying on the private sector to deal
with the fundamental needs of the community. Walkers identifies the opportunity to provide waste
disposal capacity and benefits of its integrated waste management system to customers, within the
Region and Province, in general, for a period of 20 to 25 years.
Alternatives to the Proposed Undertaking & Methods of Evaluation
The alternatives to the proposed undertaking to be considered as part of the Environmental
Assessment process are listed as:
1. Do nothing;
2. Future Waste Diversion;
3. Thermal/Combustion Technologies;
4. Landfill expansion.
It is indicated that some combination of these alternatives might be reasonable for further
assessment.
The study framework would initially screen the proposed alternatives taking into account the
capability of obtaining approvals, technical feasibility and commercial viability. The possible
alternatives that remain after initial screening will then be assessed according to a more detailed list
of criteria addressing matters of public health and safety; social cultural impacts; economics; and
natural and environmental resources where applicable and a comparative evaluation completed.
Once an alternative is selected, it will be further evaluated and various methods of implementing that
alternative will be reviewed and assessed. For example, methods of landfill expansion could involve
looking at vertical or horizontal expansion.
Key Points
Some Key points to note from the proposed study framework are:
Walkers will focus its assessment of alternatives on its current land holdings in proximity
to its existing landfill operation citing advantages to the use of existing infrastructure;
intelligence and expertise of the area; and proximity to its other integrated waste
management services and waste generating sectors in the Region while also eliminating
impacts from the establishment of a new waste management system at another "greenfield
site".
August 16, 2004 - 3 - PD-2004-73
· Regarding the initial screening of alternatives Walkers has alreadyprepared draft supporting
documentation identifying constraints associated with thermal combustion technologies, as
well as vertical landfill expansion which will be reviewed in greater detail during the
envirommental assessment process.
· Walkers has established a section in one of the supporting documents to address cumulative
impacts;
· The EA Committee, on which local and Regional staffparticipates, has been asked to play
an ongoing role in the review of issues, studies, etc. as the process continues.
· It should be noted that various amendments to planning documents would be required
depending on the alternative selected. For example, a vertical expansion of the landfill
would require a Niagara Escarpment Plan amendment. A southerly expansion of the landfill
would require amendments to the Regional Policy Plan, the City's Official Plan and Zoning
By-law.
Recommended Changes to the ToR Document
The attached Schedule 2 identifies detailed changes staffbelieves would help clarify and/or improve
the ToR. General improvements can be made by better describing the environment potentially
affected with respect to existing land uses in Niagara Falls and other municipalities, as well as truck
haul routes incorporating a flexibility clause to deal with any potential impact issues which have
been unforeseen to date, and clarifying the conditions or situations where compensation agreements
would be considered as part of an impact management plan.
Next Steps
The Ministry of the Environment will consider all of the comments received and either approve the
proposed ToR as submitted, or with modifications, or reject them. If the ToR is approved, the
company hopes to submit a draft final Environmental Assessment to the Ministry by the end of 2005.
The. City should continue to participate in the review of this proposed significant waste management
project to ensure that environmental, social and economic issues are addressed and that the broader
public interest is considered.
Pr ed by: ~o.v~d t~j;/
T. Ravenda
Manager of Policy Planning Executive Director of Corporate Services
Recommended by: Respectfully submitted:
~.ug Darbyson
[.) Director of Planning & Development °{'1~ hie f Ad~i~sa~rdative O ffi c er
DH:pb
Attach.
SSPDRX2004~PD2004-73, Proposed Terms of Reference-Waste Disposal.wpd
Schedule 1 - Location of Landfill & Ouarry Operations
A~ea 2
Future Quarry
Existing Landfill
Operation
Areal
Quarry
Scale:
August 16, 2004 - 4 - PD-2004-73
SCHEDULE 2
CITY OF NIAGARA FALLS ISSUES RELATED TO THE
PROPOSED WALKER ENVIRONMENTAL ASSESSMENT TERMS OF REFERENCE
Section of Proposed EA TOR Issue(s) Recommended Action
1. Section 2, third paragraph indicates While the single largest contributor of The sentence should clarify that one
the single largest contributor of waste to the site is the ICI sector in third of the waste entering the site is
waste being waste generated in the Niagara, this would account for only ICI waste generated within Niagara.
Regional Municipality of Niagara. one third of the waste entering the site.
2. Although the Purpose of the The wording in the TOP, is The wording of the TOR needs to be
Undertaking identifies looking at inconsistent with the Supporting expanded to address the Environment
wastedisposalmeansinNiagara, the Document and needs to describe Potentially Affected (including
description of the Environment textuallyandvisuallymappingthatthe routes).FurtherSupportingDocument
Potentially Affected (Section 4) also environment potentially affected deals 3 must better describe textually and
is limited to Niagara Falls. with Niagara Falls, land uses within visually land uses within the vicinity
Niagara-on-the-Lake, St. Catharines, which could be impacted. For
Thorold and haul routes, example, residential development at
Garner and Thorold Stone roads
should be identified as well as
Niagara-on-the-Green, White Oakes,
Niagara College, ere, as well as haul
routes.
3. Section 5.3.1 lists the "Alternatives It is not clear how a combination to Based on the stated issue it is
to" the undertaking and states "a these alternatives to the undertaking suggested 5.3.1 be reworded to add
combination of these alternatives to will be assessed. Through discussion alternative #5 as follows: "Following
the undertaking could be a preferred with the company it was indicated the the evaluation of the "alternatives to"
outcome", intent is to evaluate the combination of through the application of the
alternatives which remain after feasibility screening criteria noted in
application of the feasibility screening Section 5.3.2, the remaining
criteria. "alternatives to" could be combined
and evaluated in the selection of the
preferred outcome.
4. Section 5.3 does not identify The rationale for not including To address this issue where landfill
alternative methods for carrying out alternative methods is based on not expansion is listed as an "alternative
the undertaking, although various selecting methods for evaluation until to", it should say "Landfill Expansion
methods are discussedin Supporting a preferred alternative is selected. (vertical and/or horizontal)".
Documents. However, the TOR does not provide
any assurance to what alternative
methods will be examined.
5. Section 5.3.2, Evaluation Mitigation is just one action which The words "mitigation methods"
Methodology, #6, Page 13, refers to should be considered in assessing and should be replaced with the following:
reasonable mitigation methods, comparing one alternative to another. "methods to prevent change,
mitigation or remedy the effects that
might reasonably be expected upon the
environment by the alternatives".
August 16, 2004 - 5 - PD-2004-73
Section of Proposed EA TOR Issue(s) Recommended Action
6. Thc TOR states "Walker will The wording is not specific as to The TOR should clarify when
consider a compensation agreement whether "Compensation Agreements" compensation agreements will bc
should the results of thc EA warrant will bc considered as part of an Impact considered in thc process. For
it, for interested and affected Management Plan and under what example, are they to be considered
stakeholders prior to the submission conditions they will be applied, only in situations where impacts can
of the finalized EA". not be properly mitigated?
7. Flexibility The TOR does not include any The TOR should include wording
wording that would provide flexibility which would provide the flexibility to
to address issues that were not address unforeseen issues that were
anticipated by the EA Committee not anticipated but become apparent
during the early stages of the review through the EA process.
but might come out in future studies
during the EA process.
8. Appendix A, Sections 4 and 5 Given that several "altematives to" the Modification of wording where
regarding Assessment Criteria and undertaking will be examined in the appropriate to reflect all the
Studies appears to include wording initial stages of the EA process, the "alternatives to".
more specific to landfills or landfill wording should be modified where
expansion, appropriate to reflect all the
"alternatives to".
9. Table A1 identified various Checking of certain additional The additional specified criteria in
assessment criteria and studies, specified criteria will assist in the crossplanning staff's commenting letter of
referencing of impacts and assessment December 2, 2003 be checked off to
of cumulative impacts, assist in addressing the stated issue.
10. The TOR specifies the EA Supporting Document g6, Part 4 Wording similar to that in Supporting
CommitteewillworkwithWalkerto indicates the EA Committee will Document g6 should be put in the
develop a mutually agreed upon review and comment on detailed work TOR to indicate the EA will
conflict resolution process, plans for studies (including evaluation participate in more than just the
criteria, indicators, study areas and development of a conflict resolution
receptors) prior to commencement of process.
work.
11. Appendix A, Traffic Study Section, It is not indicated that baseline traffic That it be indicated landfill and non-
identifies various traffic issues to be levels will be based on landfill and landfill operations permitted and
studied, non-landfill operations permitted and envisioned in the area will be
envisioned in the area. This issue has considered in the study.
been raised at EA Committee meetings
and would assist in addressing
cumulative impacts.
12. Supporting Document gl, Although it is mentioned elsewhere, The additional information
establishes a rationale or need for Supporting Document gl should identified be added to Supporting
the EA. identify that two-thirds of the waste Document gl.
currently comes from outside the
Region. Further, the difference
between amounts of waste currently
accepted and what is proposed to be
accepted should be identified.
Community Services Department R-2004-55
The City of ~1~ Parks, Recreation & Culture Adele Kan
Niagara FallslJI~ 4310 Queen Street Director
Conod~~ P.O. Box 1023
Niagara Falls, ON L2E 6X5
~ - ~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-maih akon@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-55 - Management Agreement with the Old St. John's
Stamford Heritage Association
RleCOMMleNDATION:
That Council approve the management agreement with the Old St. John's Stamford Heritage
Association and that the Mayor and the City Clerk be directed to sign the agreement.
BACKGROUND:
In 2003 Council directed Staff to prepare a management agreement with thc Old St. John's Stamford
Heritage Association (Association) for the maintenance, operation and administration of the
Stamford Green Heritage Columbarium (R-2003-58).
Members of the Association approached Staff with a proposal to have the City take over the
operation, administration and maintenance of the Columbarium which is situated in the Old St.
John's Church on Portage Road. The Association will continue to own the building and, as such,
will be able to apply for heritage funds as well as continue with their fundraising initiatives. The
Association would also act in an advisory capacity to the Staff in aspects pertaining the
Columbarium. A portion of the Columbarium revenue ($52,475), as well as all the Perpetual Care
& Maintenance funds held with the Public Trustee ($31,086) will be turned over to the City for the
upkeep, operation and perpetual care of the Columbarium. It is also expected that the Stamford
Columbarium will generate enough funds to pay for future enhancements to the interior and exterior
building, including the addition of new niche walls.
The management agreement reflects discussions between the Association and the City's Legal and
Cemeteries Staff.
Council s concurrence with this recommendation is appreciated.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 16, 2004 - 2 - R-2004-55
~~~s~'~~ ,~ Jo~ld' Respectfully submitted:
Cemeteries Supervisor (Administration) Chief Administrative Officer
Director of Parks, Recreation & Culture
CR/das
S:\Council\Coun¢i12004\R-2004-55 Stamford Green Heritage Columbarium Mgmt Agreement.wpd
Community Services Department R-2004-54
The City of ~ Parks, Recreation & Culture Adele Ken
Niagara FallsyJ~. 4310 Queen Street Director
P.o. Box 023
Niagara Falls, ON L2E 6X5
~ - ~'-- web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
August 16, 2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-54 - Lease Agreement with the SCVFA
RECOMMENDATION:
That Council approve the lease agreement with the Stamford Centre Volunteer Firefighters
Association (SCVFA) and that the Mayor and the City Clerk be directed to sign the agreement.
BACKGROUND:
In 2001, Council approved the sale of approximately 3 acres of park land in Calaguiro Estates for
the sum of $180,000. Council also directed staff to meet with members of the SCVFA in order to
enter into a lease agreement to use a portion of their park for a neighbourhood park development.
The proceeds of the land sale were to be used to for this purpose.
Numerous meetings and presentations to the SCVFA membership have occurred during the past few
years, which have culminated in a lease agreement. In summary, the City will develop 1.1 acre as
a the neighbourhood park for a twenty (20) year period. All costs associated with the development
will be covered by the City, and in future, the City will also be responsible for the ongoing
maintenance and insurance of the area under lease. The SCVFA also requested that the City
annually spray their parking lot with a dust suppressant and a clause to that effect has been included
in the agreement.
Recommended by_: Respectfully submitted:
Director of Parks, Recreation & Culture ~(- John MacDonald
Chief Administrative Officer
AK/das
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
Community Services Department R-2004-53
The Ci~/of i~l~ Parks, Recreation & Culture Adele Kon
Niagara Fallsy,~l~, 4310 Queen Street Director
P.O. Box 023
Niagara Falls, ON L2E 6X5
~~'-- web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on,ca
Augustl6,2004
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2004-53 - Firemen's Park Creative Playspace Equipment
Proposal P01-2004
RECOMMENDATION:
That the proposal from Henderson Recreation Equipment Limited, for the supply and installation
of new playspace equipment and rubberized protective surfacing at the Firemen's Park Youth
Activity Area, in the amount of $ 63,753.89 including taxes be approved.
BACKGROUND:
Parks, Recreation & Culture staff, through the Supply & Services Section, issued a public invitation
for design proposals for new playspace equipment at Firemen's Park as part of the proposed Youth
Activity Area. The proposal reqtiired interested companies to submit design options which would
include both the play equipment and rubberized protective surfacing for the main play area. The
playspace areas are part of a plan of landscape improvements for Firemen's Park which also include
asphalt pathways, a basketball play area, benches, and picnic tables.
City staff has been working together with the Stamford Centre Volunteer Firemen's Association
(SCVFA) to construct a Youth Activity Area at the upper part ofFiremen's Park, with visibility from
Mountain Road and Dorchester Road. City staff prepared a Landscape Plan for this project which
was approved by the SCVFA. An agreement has been prepared by Legal Services which is to be
considered by Council on today's agenda. This agreement sets out the responsibilities of the City
and the Firemen's Association.
Six (6) playground companies submitted proposals to the City. Both City Staff and SCVFA
members completed a thorough review of each proposal and preferred the Henderson Recreation
design submission. The decision for the successful playspace proposal was not based solely on the
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 16, 2004 - 2 - R-2004-53
price, since total budget options were provided to the companies in the Request for Proposal.
Factors such as number of slide opportunities, play value, access points, design appearance, and
maintenance were considered in the decision making process.
This playspace equipment is part of the overall Park Project Plan. A tender will be issued for the
Landscape Construction of the other elements with a report to be submitted for Council approval in
September.
Financing:
Funds for this project are included in the 2004 Capital Construction Budget.
Prepared b :~ /~ Restfully submitted:
Jeff Cl¢do~l~ ~Jo
Landsca~,'"Architectural Technologist Chief Administrative Officer
Recommended b~~
Adele Kon
Director of Parks, Recreation & Culture
JC/das
S:\Council\Counci12004\R-2004-53 - Firemen's Park Playspace Equipment.wpd
The City of Niagara Falls, Ontario
Council Chambers
No. August 16, 2004
Moved by Alderman
Seconded by Alderman
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 October 2"~ and 3r~, 2004, and designates the event as a
"Community Festival".
AND the Seal of the Corporation be hereto affixed.
DEAN IORFIDA R.T. (TED) SALCI
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No. August 16, 2004
Moved by Alderman
Seconded by Alderman
WHEREAS the Provincial government introduced the Ontario Transit Renewal Program in 2002;
and
WHEREAS the program creates a partnership that will assist municipalities in replacing and
refurbishing existing transit fleets; and
WHEREAS Niagara Transit requires a bus replacement program for its aging fleet; and
WHEREAS the Corporation of the City of Niagara Falls is entitled to 1/a of replacement and
refurbishment costs under the Ontario Transit Renewal Program.
THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the
Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds
for transit vehicles for conventional transit vehicles in the amount of $345,754.00.
AND The Seal of the Corporation be hereto affixed.
DEAN 1ORFIDA R.T. (TED) SALCI
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No. August 16, 2004
Moved by Alderman
Seconded by Alderman
WHEREAS the Provincial government introduced the Ontario Transit Renewal Program in 2002;
and
WHEREAS the program creates a partnership that will assist municipalities in replacing and
refurbishing existing transit fleets; and
WHEREAS Niagara Transit requires a bus replacement program for its aging fleet; and
WHEREAS the Corporation of the City of Niagara Falls is entitled to 1/a of replacement and
refurbishment costs under the Ontario Transit Renewal Program.
THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the
Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds
for transit vehicles for physically disabled persons in the amount of $24,875.00.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R.T. (TED) SALCI
CITY CLERK MAYOR