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2004/10/18COUNCIL MEETING Monday, October 18, 2004 Order of Business and Agenda Package CORPORATE SERVICES COMMITTEE Council Chambers Report CPS-2004-06, General Purposes Budget Discussion COUNCIL MEETING October 18, 2004 PRAYER: Alderman Jim Diodati DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. ADOPTION OF MINUTES: Regular Minutes of the October 4, 2004 Council meeting. DEPUTATIONS/PRESENTATIONS Roy Savoy, Brad Sawyer, Tim Booth and Bob Lococo will be commended for saving the life of a head attack victim at the Niagara Falls arena. Niagara Falls Board of Museums Kathleen Powell, Niagara Falls Board of Museums wishes to provide information on their Centennial Project: "Heritage Collector Cards" of the City of Niagara Falls. -:2- Niagara Falls Music Theatre Society Brian Belder, Niagara Falls Music Theatre Society, wishes to provide information on the events planned for their upcoming season. St. John Ambulance Ms. Carol Newman, Vice Chair, St. John Ambulance, wishes to inform Council about a new se~ice that they are providing. International Plein Air Painters Ms. Jacqueline Baldini, Baldini and Vandersluys,wishes to make a presentation to the City of a painting that took First Place in the Lawrence C. Goldsmith watercolor category. PLANNING MATTERS ITEM NO. 52 Public Meeting Official Plan & Zoning By-law Amendment Application AM-08/2004, 5259 Dorchester Road; and AM-41/2004 7940 Morrison Street; Applicant: 1180554 Ontario Limited Agent: Fred Paul, Planner Proposed Z. ehrs Relocation Background Material: Recommendation Report: PD-2004-97 - AND - Correspondence from Regional Niagara, Planning And Development Department MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS -3- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Main & Ferry Business Improvement Area (BIA) - Re: Board of Management - requesting that Council endorse the proposed Board of Management for the Main & Ferry BIA and other requests. RECOMMENDATION: That Council endorse the proposed Board of Management: for the Main & Ferry BIA and to refer the BIA's other requests to staff. 2. Canada Family Action Coalition, Together for a better Canada - Re: Proclamation - requesting that Council proclaim the week of October 17th to October 26% 2004 as "White Ribbon Against Pornography Week"-. RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) CLERK'S DEPARTMENT MATTERS 1. Chief Administrative Officer CD-2004-22, Posting of Electoral Statements. Please note: Mr. Larry Savage wishes to address Council on the matter. PARKS, RECREATION & CULTURE MATTERS 1. Chief Administrative Officer R-2004-70, Terms of Reference, Armoury Ad Hoc Committee. -4- CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. CD-2004-21, Municipal Clerks Performing Civil Marriage Ceremonies; 2. FS-2004-18, Phase III Staffing; 3. L-2004-43, Partial Release of Site Plan Agreement; Part 1 on Reference Plan 59R-12239; 4. MW-2004-152, Tender #23-2004, New Equipment Purchase; 5. MW-2004-153, Victoria Avenue BIA Sidewalk Extension; 6. MW-2004-155, Supply and Installation of Additional Pay and Display Equipment; 7. MW-2004-156, Garner/Southwest Sanitary Service Area Review; Municipal Class Environmental Assessment Consultant Engagement; 8. MW-2004-157, Development Charge Payments, Front-End Servicing Agreements; 9. MW-2004-160, Tender 26-2004, New Equipment Purchase of Trackless Vehicle; 10. PD-2004-95, Request for Extension to Draft Plan Approval, Ascot Woods Extension 6; File 26T-92003; Owner: Ascot Woods Limited. 11. R-2004-66, Preakness Park Vandalism. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2004-'187 To amend By-law No. 79-200, to permit the use of an indoor soccer facility for consumer trade shows on a temporary basis. 2004-188 To establish Part 2 on Reference Plan 59R-12455 as a public highway, to be known as and to form part of Sinnicks Avenue. -5- 2004-189 TO establish Parts 1 and 2 on reference Plan 59R-12540 and Parts 4,5,6,7- and 8 on Reference Plan 59R-12540 as public highways, to be known as anti to form part of Murray Street and Fallsview Boulevard, respectively. 2004-190 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. 2004-191 To amend By-law No. 79-200, to permit the development of lands on th~ north side of Thorold Stone Road and west side of Stanley Avenue for light industrial use (Re: AM-13/2004, 1578891 Ontario Ltd.). 2004-192 To amend By-law No. 79-200, to permit the existing building to be used as a tattoo studio or retail store on the first floor and one accessory dwelling unit on the second floor. 2004-193 To adopt, ratify and confirm the actions of City Council at its meeting held on the 18th day of October, 2004. NEW BUSINESS Corporate Services Department CPS-2004-06 Human Resources Tony Ravenda The ¢ily of ~ 4310 Queen Street Executive Director Nia~laro Falls!lk P.O. Box 1023 Niagara Fails, ON L2F 6X5 CQr3adQ~,~a~w web site: www.city.n]agarafalls.on.ca .~"1~1~ / Tel: (905) 356-7521 Fax: (905) 356-5110 F-mail: travenda@city, niagarafalls.on.ca October tS, 2004 Alderman Wa~_e Ca~pbelt, Chair a~d Members o£the Corporate Services Committee City o£Niagara Falls, Ontario Members: Re: CPS-2004-06 - 2005 General Purposes Budget Discussion RECOMMENDATION: For the information o£the Corporate Services Committee. BACKGROUND: The process of preparing the 2005 City Budget is now well underway. Following is an update to our last report to Council on September 20. The Chief Administrative Officer will be conducting staff meetings during the weeks of October 11 and 18 to review the proposed budgets and to ensure that every effort is made to maintain current levels of service without placing an increased burden on the City's taxpayers. Staff has compiled a Budget Backgrounder on the 2005 budget which is provided on the attached computer disk. A comprehensive Table of Contents is attached for your reference. This information will also be made available on October 18, 2004, to the general public via the City's web site under the Finance Division, entitled 2005 Budget. The weeks of November 1 and 15 will see deputations to the Corporate Services Committee from local agencies and commissions. A schedule of deputations is attached for your reference. The final budget review and approval will occur on December 6. Recommended and Approved by: Respectfully submitted: T. Ravenda onal Executive Director of Corporate Services L~ Chief Administrative Officer ~Vorking Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal · Planning & Development 1'he C~ly of ~f~'~l~ ' 4310 Queen Street, Box 1023 .,ogoro Fo,silage_ Niagara Falls, Ontario Can~~' L2E 6X5 THE 2005 BUDGET Table of Contents Introduction ................................................................. : ........................................................ 3 Niagara Falls at a glance ....................................................................................... 3 Maps of Niagara Falls ............................................................................................ 5 Glossary of Terms ................................................................................................. 7 Meet the Departments ......................................................................................................... 9 Administration ........................................................................................................ 9 Executive Office ........................................................................................... 10 Corporate Services ................................................................................................ 14 Clerk's .......................................................................................................... 18 Finance ........................................................................................................ 22 Human Resources ....................................................................................... 26 Information Systems .................................................................................... 30 Legal ............................................................................................................ 33 Planning and Development .......................................................................... 36 Community Services .............................................................................................. 40 Building and By-law Services ....................................................................... 41 Business Development ................................................................................ 45 Fire Services ................................................................................................ 49 Municipal Works ........................................................................................... 52 Parks, Recreation and Culture ..................................................................... 57 Sources of City Revenue .................................................................................................... 61 Provincial Service Delivery Review .................................................................................... 64 Ministers Letter ...................................................................................................... 64 Deputy Ministers Letter .......................................................................................... 65 Municipal Councillors ............................................................................................. 67 Municipal Managers .............................................................................................. 79 Service Delivery Links ........................................................................................... 207 FAQ Sheet ............................................................................................................. 212 General Purposes Budget ................................................................................................... 214 Report CPS-2004-03 - 2005 General Purposes Budget Discussion ..................... 214 Capital Budget ..................................................................................................................... 218 Capital Budget Strategy ......................................................................................... 218 Capital Budget Table of Contents .......................................................................... 219 What is a Capital Budget? ..................................................................................... 220 Introduction .................................................................................................. 220 Introduction ............................................................................................ 220 Overview of the Municipal Financial System ......................................... 220 What is a Capital Budget? ..................................................................... 222 Definition of Capital Expenditure ........................................................... 222 Purpose and Who Uses the Capital Budget .................. ~ ....................... 226 Capital Budget Process ............................................................................... 228 Overview of the Process ........................................................................ 228 Policies to Guide the Process ................................................................ 236 Capital Financing Alternatives ...................................................................... 239 Summary of Capital Financing Alternatives ........................................... 239 Internal Financing .................................................................................. 239 External Financing ................................................................................. 241 Debt Management ....................................................................................... 242 Overview ............................................................................................... 242 Guidelines ............................................................................................. 243 Debt Management - Long-term Debt vs. Pay-As-You-Go ..................... 244 Report CPS-2004-04 - 2005-2009 Capital Projects Budget Discussion ............... 247 Municipal Utility Budget ...................................................................................................... 249 Report CPS-2004-05 - 2005 Municipal Utility Budget Discussion ......................... 249 2005 BUDGET DEPUTATIONS BOARDS, AGENCIES AND COMMISSIONS NOVEMBER 1, 2004 RECREATION COMMITTEE ARTS AND CULTURE COMMITTEE GNGH FOUNDATION HUMANE SOCIETY BOARD OF MUSEUMS UNITED WAY NOVEMBER 15, 2004 NIAGARA TRANSIT COMMISSION NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS TOURISM From: Kathy Powell To: DI202@city.niagarafalls.on.ca Date: 10/5/2004 4:08:38 PM Subject: Re: Museums deputation at Council Hi Dean, That would be great. I won't take longer than 10 minutes, Thanks Kathy >>> Dean Iorfida 10/05/04 2:10 PM >>> How's October 18th, Kathy? Thanks Dean >>> Kathy Powel110/5/2004 1:59:21 PM >>> Hi Dean, Just to note to find out if I can make a short deputation at the next City Council meeting presenting our Centennial Project - Heritage Collector Cards of the City of Niagara Falls. I have been in contact with the Mayor over the last few months about the cards and he suggested a few months ago I come and show them to council and get on COGECO at the same time. This is our major centennial project and has been in the works for the last 9 months and will celebrate our City's Heritage in a unique and exciting way. Would this be possible? Is there any other process I have to go through? Kathleen Niagara Fa I I -M S City Clerk The Niagara Falls Music Theatre Society would like to attend a city council meeting in October to make a presentation to the city councilors. We would like to announce our upcoming season and councilor and the mayor complimentary tickets. Please advisor what date we could , councilors. Thank you Dana Belder Promotion, Box Office 905 356-4953 fax;6-9444 ~rehal,I I heatre 4990 Walnut St., Niagara Fails, Ontario L2~ 3N3 Tel: 905-356-4953 Fax: 905-356-gaaa,, ,-.www.fit'ehalltheatre.com "Paint Niagara" September 10-12, 2004 Patron of the Arts International Pleln Air Painters is a fledgling worldwide organization with its roots here in the Niagara Falls area. Artist Sacqueline Baldini founded the organization in 2001, which now includes over 170 members globally, and growing in 13 coUntries. Plein Air Painters seek the beauty and essence of natare outdoors instead of painting ia a studio from photographs: The nature of this genre enables them to record beautiful, fleeting moments that capture the spirit of the lands they paint. In September 2003, a dream was realized, when the organization dedicated to tho advancement and execution ofplein air painting without restrictions of borders or regions hosted the 1st Worldwide "Paint Out'. Painters and groups in different locations globally painted simultaneously on tho same weekend. The results were amazing ! and yet, disappointing in that Niagara, the birthplace of the organization had only 3 painters representing Ontario. We'd like to change this dramatically with the help ofpaa'ons and supporters such as yourself. We are in ~ with Niagara Parks Commission for a reception and display area and have a 'Wish List' for the following: · The abitity to offer cash/product prizes for participants to draw quality painters to the event Help with printing and distribution costs for flyers,posters and maps of artists painting locations · Advertising venues/partners to'draw public attention to the event Light refreshments for the final reception to showcase the finished paintings · A judge/judges for the entries · Bottled water and a way for artists to obtain food while on location during the day · Volunteers help with organization/setups · Advertising Venues for Artists to let them know about the event This will be a yearly event and dates for 2005 are slated for September 9-10-I 1, although with Niagara celebrating 100 years, this year is especially significent. Famous artists such as Thi>mas Cole and Fredric Church as well as the group of seven painted Ontario. Here's the chance to help write history fOr Ontario and support "Paint Niagara" to capture the beauty of the area for future generations. The entire event will be open to the public and will be exciting, fun and educational. The International Pleia Air Painters Website can be seen at www. IPAP.homestead. com Will you step up and help in some way ? Large or small, all offers will be appreciated. I'd like to include people with a vision, such as yourself, who apreciate the arts. International Plein Air Painters Organization 7973 Lundy's Lane ipapmail~yahoo.com Niagara Falls, Ontario L2H 1 H3 Jacqueline R. Baldini, IPAP Founder OCT 1 8 20Or, Corporate Services Department PD'-'~004.97 Planning & Development Doug Darb~,,*son T ..... -,'~, 4310 Queen Street Director ne c:W o? [~Jid P.O. Box 1023 .ioGI0ro Rollsll~l~' Niagara Falls, ON L2E 5X5 Can~~ web site: www.cily, niagarafalls.on.ca .,~11~r Tel,: (905)356-7521 Fa)<: (905) 356-2354 E-malh planning@city.niagarafalls.on.ca OctobeE 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-97, Official Plan & Zoning By-law Amendment Applications AM-08/2004, 5259 Dorchester Road; and AM41/2004, 6940 Morrison Street Applicant: 1180554 Ontario Limited Agent: Fred Paul, Planner Proposed Zehrs Relocation RECOMMENDATION: It is recommended that: l) Council approve the applications to amend the Official Plan and Zoning By-law to permit: (a) the relocation of the Zehrs supermarket from the current location at 6940 Mordson Street to a new location at 5259 Dorchester Road; Co) the land at 5259 Dorchester Road be redesignated fi.om Industrial to Major Commercial to allow for the establishment of a supermarket, gas bar and ancillary retail and service commercial uses; and (c) the remerchandising of the existing ZehJrs into retail stores and non-retailservices and facilities and ancillary service commercial uses; and 2) the applicant and Vincor international meet with staff to coordinate the site plans for the proposed Zehrs development, the proposed expansion to the Vincor site and the westward extension of Dawson Street. and further, that the zonfng by-law be amended to a "holding zone" BACKGROUND: provision upon completion & acceptance of the Dorchester Road Environmental Assessment. Thc subject lands involve two parcels of land shown as Parcel ! and Parcel 2 on Schedule 1. Parcel I, at 10.6 hactares (26.2 acres) in area and known as 5259 Dorchester Road, is currently occupied by two vacant buildings formerly housing the o ~cas of Acres International. Parcel 2, at 3.8 hectares (9.3 acres) in area and known as 6940 Moirison Street, is currently occupied by a Ze~s supermarket. The applicant has requested amendments to the Official Plan and Zoning By-law to permit the relocation of the Zehrs supermarket fi.om Parcel 2 to Parcel 1 and to permit the remerchandising of the current Zehrs supermarket. }Forking Together to Serve Our Community Clerks Finance · Human Resoumes Information Systems · Legal · Planning & Development October 18, 2004 - 2 - PD-2004-97 Parcel 1 currently has an Industrial designation in the Official Plan and is zoned Prestige Industrial (PI) andPI-41. Special provision 41 permits an office use on aportionoftheland. The designation is proposed to be changed to Major Commercial. New policies are proposed to be added to Commercial policies of the Official Plan to expand the Morrison/Dorchester retail district to include these lands and to provide a framework for their redevelopment. A site specific Planned Shopping Centre Commercial (SC) zone is proposed to regulate the site. Parcel 2 is designated Major Commercial in the Official Plan and zoned Planned Shopping Centre Commercial (SC-604). Special provision 604 permits Parcel 2 to be developed for a supermarket, retail stores and a gasoline bar. The commercial policies affecting Parcel 2 will be amended to delete the term "food store". A supermarket will no longer be permitted on Parcel 2. A new policy is proposed to be added to permit the remerchandising and expansion of the existing food store for retail stores and non-retail services and facilities and for ancillary service commercial uses. A new site specific SC zoning is requested to regulate the site. Attached to this report are the draft Official Plan policies. Surrounding Land Uses Parcel 1 is flanked to the south and west by highways 420 and the QEW, respectively. To the east are two townhouse condominiums and a high-rise condominium, Dufferin Place. To the north, located between Parcels 1 and 2, is the Vincor International winery and a CN Rail line. Commercial and office uses are located east of Parcel 2 with the Optimist Park to the north. West of Parcel 2 is the remainder of the Adams Centre, including Home Depot and Walmart and other retail stores. Circulation Comments Information regarding this application was circulated to City departments, government agencies and the public for comment. · Regional Planning & Development No objections, however the site should be designed with the supermarket close to the street for a more inviting street presence, to screen the parking area and to be more convenient for pedestrian access. Municipal Works Transportation Ministry of Transportation comments are required. The applicant's traffic consultant is to address detailed concerns respecting lane configurations, traffic volumes, the proposed right-in/right-out access, volume of truck traffic and pedestrian crossings. October 18, 2004 - 3 - PD-2004-97 Infrastructure Road widenings and access constraintg in the Dorchester Road Environmental Assessment (EA) should be incorporated into the final site designs. Detailed site servicing and grading plans will be required. Construction and cormections to the existing trunk facilities should be coordinated with the City's road construction schedule. Cash contributions may be required from the developcu' for additional signage, signalization and turning lanes at the Dawson Street intersection. · Parks, Recreation & Culture No objections. Increased landscaping within the parking lot and along Dorchester Road should be provided. Planning Analysis 1. Requests to amend the Official Plan are to be assessed on seven criteria within the Official Plan. (a) The conformity of the proposal to the general objectives of this Plan Parcel 1 is currently designated Industrial in the Plan. Industrial lands are to be used for industry which the Plan considers to be manufacturing, assembly, processing, recycling and storage of goods and materials. The city has a large inventory of Industrial lands and a very low rate of absorption. That Parcel 1 has been vacant for more than six years illustrates the rate of absorption of Industrial land. The designation is proposed to be changed to Major Commercial and incorporated into the Morrison/Dorchester retail district. The district is a subregional shopping area comprised of large, freestanding retail outlets whose primary function is to recapture outflowing expenditures (residents shopping outside the city) and to provide residents with alternative commercial shopping. The intent of the proposed amendment is to redesignate Parcel 1 to Major Commercial and to add policies to the Plan in order to include Parcel 1 in the district and to guide its redevelopment through phasing. The inclusion of the proposed development will ultimately add over 18,000 square metres (approx. 200,000 square feet) of floor area to the district. The big box format of the development, based primarily on the Zehrs supermarket which will reach 16,723 square metres (180,000 square feet) at its second phase, is in keeping with the general objectives of the district. The new format of the proposed Zehrs will include up to 6,500 square metres (70,000 square feet) of Department Store-Type Merchandise (DSTM), 7,432 square metres (80,000 square feet) of Food and Convenience-Type Merchandise October 18, 2004 - 4 - PD-2004-97 (FCTM) and 2,787 square metres (30,000 square feet) of service and office space. Market justification for this floor space is assessed later in this report. The current Zehrs building on Parcel 2 is to be remerchandised into several smaller DSTM stores (eg. clothing, electronic, housewares), non-DSTM stores and services and ancillary service commercial outlets. The proposed amendment will not permit any further use of the building as a supermarket and will establish a minimum floor area for each use of 1,858 square metres (20,000 square feet), a maximum DSTM floor area for each use of 3,716 square metres (40,000 square feet) with a total maximum DSTM floor area of 7,432 square metres (80,000 square feet) for the building. The building may expand to 11,300 square metres (122,000 square feet) ultimately. Because of these policies, the big box format of the Adams Centre and the district as a whole will be retained. The proposals for both parcels are in keeping with the Plan's objectives for the Morrison/Domhester district. The big box format will be maintained. The new format Zehrs and the remerchandised existing building will serve to further strengthen the district and stem the outflow of expenditures by providing a greater range of shopping for residents. (b) Suitability of the site or area for the proposed use, especially in relation to other sites or areas of the City The applicant proposes to relocate the Zehrs supermarket from Parcel 2 to Parcel 1 in order to expand the operation and for the diversification of merchandise, thereby increasing their market share. Parcel 2 cannot physically accommodate the proposed building area and the required parking. As noted above, Parcel 1 is currently occupied by two vacant buildings, the former offices of Acres International. The site has been abandoned for several years. The proposed redevelopment of this site, according to the applicant's planner, is brownfield development. Planning staff concur that, broadly speaking, this is a brownfield development and consistent with the principles of Smart Growth, which encourages the reuse of existing underutilized lands within the urban area. Parcel 1 is serviced and fronts onto Dorchester Road, an arterial road, with access and exposure to Hwy. 420 and the QEW. Road improvements will be necessary to facilitate its redevelopment and are detailed further in this report. Given the site's location, characteristics and surrounding land uses, it is suitable for the proposed redevelopment. An alternate site for this development is Niagara Square. The Square has similar characteristics to Parcel 1, with highway exposure, arterial road access and is underutilized in terms of allowable floor area within the Official Plan. The proposed Zehrs could be developed without the need of an Official Plan amendment. (c) Compatibility of the proposed use with adjacent land use designatious and natural resources Land use compatibility issues arise with the juxtaposition of dissimilar uses. In the case of Parcel 1, the proposed Zehrs development will require traffic control measures be constructed so as to safely and effectively separate the industrial traffic accessing Vincor International and commercial traffic the Zehrs development. In order to control the inflow of traffic to both the proposed Zehrs and the Vincor site, October 18, 2004 - $ - PD-2004-97 .Dawson Street will be extended west of Dorchester Road as part of a new signalized ~ntersection. The mixing of industrial traffic with patrons of a commercial shopping area requires particular attention. Because of this, the new roadway and intersection will be designed with a dedicated northbound left-turn lane and a dedicated right-tm lane, both of which will be signalized to allow for gaps to be created in the traffic flow so that the industrial traffic can access the Vincor site with a minimum of disruption. Vincor is proposing to expand its operations. As such, the two sites will have to be designed in order to ensure the safe and efficient flow of traffic and pedestrians into and out of each site. This may require that the proposed Zehrs store be repositioned on the site. Also, a main entry aisle may have to be provided to channel traffic. Additional parking area landscaping is warranted in order to reduce heat and for aesthetics. Staff is recommending that the applicant and Vincor meet together with staff in order to achieve a comprehensive and integrated design for each site and the road extension. The site design for the proposed Zehrs will have to be finalized prior to the amending zoning by-law being passed. The residential lands on the east side of Dorchester Road may experience impacts due to lighting, noise and aesthetics. Although the proposed Zehrs building will be well removed from the residential lands, the street front buildings and the gas bar/car wash, as well as the parking area, should be appropriately buffered and screened. Appropriate buffering measures would include the installation of shields on parking area lighting to eliminate glare being cast onto adjacent lands, internal garbage storage or separate, fully enclosed storage buildings and a landscaped berm along the Dorchester Road frontage similar to that found on the east side of Dorchester Road. (d) The need for a market feasibility of the proposed use The Commercial policies of the Official Plan state that no major expansions to the designated districts or facilities are contemplated. However, the Plan does recognize that there may be circumstances, such as a change in market or a trade area, that may create a demand for a new or major expansion of a commemial area. In order to avoid an overbuilt market, a market area or economic feasibility study is required to be submitted when a request is made to significantly expand a designated commercial district. Late last year, the City hired Joseph Urban Consultants to undertake a market study to examine the feasibility of expanding of the Niagara Square Retail District to include the City-owned lands on the northwest comer of McLeod Road and Montrose Road. This study concluded that there was sufficient market capacity for an expansion of the Niagara Square district. The applicant used this study together with its own market assessment (the latter being peer reviewed by Joseph Urban Consultants) to provide justification for their applications. These analyses have concluded that there is a sufficient market and that there is insufficient available land and space for the addition of FCTM and DSTM floor space City-wide. However, as the addition of the proposed Zehrs development and the remerchandising of the existing building will amount to more floor space than the October 18, 2004 - 6 - PD-2004-97 market can currently accept, the redevelopment of Parcel 1 will have to be phased in the following manner: FCTM DSTM Mezzanine Proposed Zehrs Outbuildings Total (grocery) (clothing, (services, Gas bar/ Restam~n~s, ancillary DSTM housewares) offices) car wash service, commercial Phase 1 6,967 sq. m 3,716 sq. m 1,858 sq. m 12,541 sq. m Part of Phase 1 1,133 sq. ra 13,{574 sq. m (75,000 sq. fl.) (40,000 sq. ft.) (20,000 sq. ft.) (135,000 sq. fl.) No gla (12,200 sq. ft.) (t47,000 sq. fl.) Phase 2 465 sq. ra 2,787 sq. m 930 sq. m 4,182 sq. m 930 sq. ra 5,1 12 sq. m (glatobeadded) ! (5,000sq. ft.) 00,000sq. ft.) (10,000sq. ft.) (45,000sq. ff.) (10,000sq. ft.) (55,000sq. ft.) Total 7,432 sq. m 6,503 sq. m 2,787 sq. m 16,723 sq. m 1,133 sq. m 930 sq. m 18,'~86 sq. m . (80,000 sq. fl.) (70,000 sq. ft.) (30,000 sq. ft.) (180,000 sq. ft.) (12,200 sq. ft.) (10,000 sq. ft.) (20~,000 sq. ft.) Phase 2 is dependent on a further assessment of market conditions. When it is confirmed that the market can accept additional FCTM and DSTM floor space. Market conditions will also affect the rememhandising of the existing Zehrs building, In this regard, the reuse and expansion of the existing Zehrs requires sensitive treatment in order to maintain the planning objectives set out in the Official Plan. Accordingly, a limitation of 7,430 square metres (80,000 square feet) has been placed on the extent of DSTM floor space. The building may be expanded to 11,330 square metres (122,000 square feet), but the additional 3,900 square metres (42,000 square feet) is to be utilized for non-DSTM goods and services. (e) The extent to which the existing areas of the city designated for the proposed use are developed or are available for development The Official Plan illustrates the areas designated for Major Commercial development. None of the districts have available land of sufficient size to accommodate the proposed Zehrs development with the possible exception of Niagara Square. (f) The availability of adequate municipal services and facilities for the proposed use and its impact on the transportation system, community facilities and the natural environment. As noted above, in order to accommodate this development and the abutting Vincor International operation, Dawson Street is to be extended west of Dorchester Road and signalized. These works are part of the proposed reconstruction of Dorchester Road and were taken into consideration during the Environmental Assessment (EA) process. The extension of Dawson Street will require a land exchange between the City, the applicant and Vincor International. The exact configuration of the parcels to be exchanged has not yet been determined and will be done once the final design of the intersection is complete. The land exchange and any cash contributions that maybe necessary are to be conditions of site plan approval. October 18, 2004 - 7 - PD-2004-97 2. The proposed amendments are appropriate. Based on the above, the proposed Official Plan amendment (OPA) is appropriate. The OPA provides the policy framework necess0xy to control the redevelopment of Parcels 1 and 2. Thc floor space limitations imposed are consistent with thc findings of the supporting d0cumcnts submitted by the applicant. Parcel 1 is to be zoned a site specific Planned Shopping Centre Commercial (SC) zone with regulations specifying the number of buildings, floor space, setbacks and landscaping. A new Zoning By-law amendment application together with market justification will be necessao, to expand thc floor space to the maximum permitted in the Official Plan amendment. l~rior to the drafting of the amending by-law, the applicant will have to confirm specific floor s~zes for each usc and the dimensions of the parking spaces in order to properly assess parking. Parcel 2 will also be zoned a site specific SC zone with regulations specifying building area, floor space, setbacks and landscaping. 3. Site plan control will address specific site design issues. As noted above, construction of the westward extension of Dawson Street and the land exchanges, as well site servicing, will have to be coordinated with the City's construction schedule for Dorchester Road. Details of this will occur at site plan review. Also, detailed site plan drawings that will address parking and on-site circulation, landscaping, lighting, fire access and servicing will have to be submitted. CONCLUSION: Based on the foregoing, staff can recommend approval of amendments to the Official Plan and Zoning By-law to permit the relocation of the Zehrs supermarket and the remerchandising of the site containing the existing Zehrs building: · the proposal is in conformity with the general objectives of the Official Plan; the proposal will serve to further strengthen the Morrison/Dorchester retail district; · the applicant has demonstrated that sufficient market support exists; and · the ~9quested amendments are appropriate.  Approved by: Planner 2 ecutive Director of Corporate Services Recomnmnded by: Respectfully submitted: Doug Darbyson ~{~. John MacDonald Director of Planning & Development ~ Chief Administrative Officer JB:gd .. S:~PDR~2004h°D2004-97, AM-08-04 & AM-41-04, 5259 Dorchester & 6940 Morrison-Zehrs Relocation.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending: Official Plan designation and policies; and Zoning By-Law No. 79-200 as omended N W E Location: 5259 Dorchester Road and 0940 Morrison Street $ 1 :NTS AM-08/2004 Applicant: 1180554 Ontario Inc. ^M-4'l/2004 STATiST}CS SCALE AS SHOWN R~TAIL A SCAL[ 1:1200 t // ~ '~' ~' ~ PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - Body of the Amendment, consisting of following text and attached map, constitute Amendment No. to the Official Plan of the City c~ f Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Subject Land", shown on the map attached hereto, entitled "Map 1 to Amendment No. ', shall be redesignated from Industrial to Major Commercial. 2. TEXT CHANGE PART 2, SECTION 3 - COMMERCIAL is hereby amended by deleting subsection 3.2.6 and substituting the following new subsection: 3.2.6 The Morrison/Dorchester retail district shall be promoted as a subregional shoppin~g district comprised predominantly of large, freestanding retail outlets, as described herein, to provide the municipality a greater opportunity to recapture outflowing[ expenditures and alternative commercial shopping for its residents. Notwithstanding any other policies of Section 3.2, this district shall be permitted as set out below. 3.2.6.1 The existing commercial centre in the northeast quadrant of the district shall be allowed to develop to the extent permitted by the governing zoning by-law and encouraged to develop and expand in its current format of free- standing and independent retail and service commercial uses. 3.2.6.2 The lands within the southwest quadrant of Mon'ison Street and Dorchester Road shall, due to their size, location, accessibility, exposure and land use compatibility, be promoted for the development of large free-standing and/or multiple groupings of retail outlets. This may include a junior department store, a home improvement centre, non-department Department Store-Type Merchandise (DSTM) stores and limited ancillary service commercial outlets. The centre shall not exceed a maximum of 39,297 square metres of gross leasable floor area when warranted by the m ,arket. To ensure that the primary function of the centre is retained for large, free- standing retail outlets: (i) the Zoning By-law shall include provisions establishing the maximum number of buildings and regulating the gross leasable floor areas of the permitted retail uses; (ii) ancillary service conzmercial outlets shall not exceed 1,858 square metres of gross leasable floor area; (iii) the easterly 3.9 hectares of the lands may be developed to maximum gross leasable floor area not exceeding 11,334 squar-e metres. The existing building may be remerchandised to a maximum gross leasable floor area of 7,432 square metres ar~l may be expanded and subdivided into smaller units for tt~e retailing of DSTM merchandise. Each unit shall have a gro~s leasable floor area of not less than 1,858 square metres and nc~t exceeding 3,716 square metres; ancillary service commercial uses shall not exceed gross leasable floor area of 3,900 squat-e metres, notwithstanding clause (ii) of this policy. 3.2.6.3 The 10 hectare parcel of land on the northwest quadrant of Dorchester Roa_<t and Highway 420 shall be promoted for a large free-standing supermarket and may include restaurants, a gasoline bar/car wash and ancillary retail an_d service commercial outlets. The development of these lands shall b e phased with the maximum gross leasable floor area not exceeding 18,76 square metres. (a) The first phase of development shall not exceed 13,675 square metres of gross leasable floor area comprising of a large free- standing supermarket and non-DSTM services such restaurants, banks and personal service shops and a gasolin.¢ bar/carwash. The supermarket shall not exceed 12,542 square metres of gross leasable floor area which includes not more than' 3,716 square metres of gross leasable floor area for DSTM, 1,858 square metres for non-DSTM services and 6,968 square metres for Food and Convenience-Type Merchandise (FCTM). (b) The development may expand to a maximum gross leasable floor area of 18,766 square metres and the supermarket to a maximum of 16,460 square metres, only when warranted by the market. The supermarket shall contain not more than 7,432 square metres of FCTM and 6,503 square metres of DSTM floor space. A maximum of 930 square metres of DSTM floor space may be provided in a separate building. The market analysis shall assess the demand and impacts of the additional floor space to the satisfaction of the City. S:\Official.plnb~vlEND~Am-08&41-04~PART 2.wpd [ NIA " A PLANNING AND DEVELOPMENT DEPARTMENT./cz- The Regional Municipality of Niagara _ _. , -- 3550 Schrnon Parkway, P.O. Box 1042 Planning Thorold, Ontado L2V 4"r7 File. Telephone: 905-984-3630 Fax: 905-g41-520B E-mail: plan@regional.niagara.on.ca October 5, 2004 Files: D.10.M.11.21 D.10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: ~ ' ""' RECEIVED- Re: Official Plan and Zoning By-law Amendments Proposed Zehrs Relocation 0C? - 7 20~1 Dorchester Road and Morrlson Street PLANNIN(~ City of Niagara Falls & DEVELOPMENT Your Files: AM-08/2004 and AM-4'112004 The existing Zehrs store is now part of the "Adam's Centre" located at the southwest comer of Morrison Street and Dorchester Road. This Centre is a planned shopping centre that is designed for new format or big box stores. The Morrison/Dorchester Retail District which includes the "Adam's Centre" and the adjacent Zellers Mall has be~:ome a major retail area in the City of Niagara Falls. This application proposes the construction of a new Zehrs Superst,3re on the adjacent former Acres site and the retenanting of the existing Zehrs store with two to four new format stores. The former Acres site is a 18± acre parcel that contains an abandoned office building and is separated from the "Adam's Centre" by a CN Rail branch line and th~ Vincor winery. The office building is to be demolished and a new Zehrs Superstore is to be constructed alor~g with two non retail facilities (restaurant/fast food and financial institutional) and a gas bar along the Dorchester Road frontage. The initial phase of the new Zehrs Superstore will contain 135,000 square feet with provisions to expand the store to 185,000 square feet including a mezzanine for Jp to 30,000 square feet of non retail space. The existing Zehrs store is to be expanded slightly from 71,574 to 80,000 square feet and subdivided for stores with a minimum size of 20,000 square feet and a maximum size of 40.000 square feet. These size limits for the reterlanting of the existing Zehrs store are to ensure that the new retail establishments will be medium sized big box stores. The net resuJt of the proposed changes will be a marginal increase in the food sales area but a substantial expansion (almost 150,000 square feet) in the Department Store Type Merchandise (DSTM) retail space. The increased DSTM space will be provid,i;d partly in the new Zehrs Superstore and partly by the retenanted existing store, The Niagara Falls Official Plan currently designates the former A¢:~es site as "Industrial" and establishes certain limits on gross leasable floor area for the "Adam's Centre". The proposed official plan amendment will redesignat~ the Acres site as "Major Co mmercial (MC)", include the site within the Morrison/Dorchester Retail District and modify the fJoor area limits to allow for the full proposed expansion_ A portion of the proposed Zehrs Supemtore development is to be phased. In addition, the amendment will not permit a food store in the existing Zehrs store once Zehrs has relocated. The applicant has submitted "Letter of Opinion on Marketing Is,,~ues" prepared by Ki?cher Research Associates Ltd. in support of the proposed Zehrs Supen~tore and related changes. The Letters of Opinion do not constitute a complete marketing study' in that they do not contain any original research. Rather, the consultant has used his marketing expertise and knowledge of the Niagara Falls retail scene to evaluate existing data. The C.ty engaged Joseph Urban Consultants to peer review the Letters of Opinion. Both consultar'ts concluded that the new Zehrs Superstore and the retenanting of the existing store should not have a significant impact on existing or planned food store and DSTM facilities in Niagara Fails. Regional Planning staff have reviewed the May 10, 2004 Letter of Opinion and the peer review and have no reason to question the conclusions of the two consultants. The supermarket as a usa should be compatible with surround ng uses subject to traffic considerations. Dorchester Road is under the City's jurisdiction so the City's Works Department presumably will be providing comments on traffic matters and on the. new entranceway opposite Dawson Street. The Ontario Ministry of Transportation (MTO) may also have an Interest as the site is adjacent to the entrance ramp to Highway 420. The site plan submitted with the application shows the proposed Zehrs Superstore situated at the rear of the parcel with most of the parking located between the ~tore and Domhester Road. Under good urban design principles, the store should be located as close as possible to Dorchester Road with the parking lot behind the store. In this way, the store can screen the parking and provide a more interesting s[reetscape. In addition, a store close to the street would be more inviting to those customers who depend on bus I'-ansit or walk to the store. Therefore, Regional Planning staff recommend that the new Zehrs ,9;uperstore be relocated to a site closer to Dorchester Road. If the store is not relocated, landscaping along Dorchester Road and within the parking lot should be significantly enhanced to minimize the "sea of asphalt' appearance. For example, landscaped islands within the parking lot would be highly desirable. In conclusion, Regional Planning staff are not opposed to the proposed amendments to permit a new Zehrs Superstore and the retenanting of the existing store. Hc,wever, we recommend that the proposed Superatore be repositioned on the Acre parcel to a sit~ closer to Dorchester Road. Yours truly, ~navid J. Farley Direc[or of Planning Services C: Mr. F. Paul, Hynde Paul Associates, St. Cathadnes, ON Mr. G. Holman, Manager of Development, Municipal Works, City of Niagara Falls Mr. W. Stevens, Regional Public Works b~v~eh~s OP & Z~L.&.iNF ~/ttDA, F: October THE REGIONAL MU NICIPALITY OF NIAC"~'I~' 7, 2004MEMOEANDUM /[ '~' ~ TO: Tom Whitelaw Planner ~.~ -_~.~:~?_r?L ',~ / Plannin§ and Development Department ~,,?~' ' - SUBJECT: Zoni.$ By-law Amendment Application '~~ Applicant: 1180554 Ontario Inc. Proposal: To Permit the Relocation of the Zehrs Food Store from Parcel 2 to ?arcel 1; and to Permit the Remerchandisin§ of the Current Zehrs Store Location,' 52S9 Dorchester Road and 6940 Morrison Street In the City of Nia§ara Falls City File: AM-01V2004 & AM-41/2004 Our File; D. 10,04.66.644180027 (ID#3513) Regional Niagara Public Works Department has reviewed the above-referenced Zoning By- law Amendment Application. The subject property is located o~ a local road and would facilitate the relocation of the existing Zehrs food store. We have no objection to this proposal. __.. Feultte~s de ~nsmissior,, par t~il~copia~r Development & Approvals Manaser Public Works Depa~ment Operational Suppo~ Se~ices Division WJS/cm L:~n~in~dng~lannJng~nd.~velopmen[Wet~rmen~iasa~ FalI~COEEES~NDENCE 20~9515.T.Whi[elaw.doc RECEIVED OCT. 1 2  PLANNING Niagara & DEVELOPMENT Works, ,. Ministry of Minist.ra des ~ ~Ontario Transportation Transports . Phone: (416) 235-4088 Central Region Operations Fax: (416) 235-4267 Corridor Management Office E-mail: Gustavo.Rojas~jnto.gov.on.ca 7th Floor, Bldg. D · Planning 1201 Wilson Avenue J Downsview, Ontario j M3M 1J8 " AuguSt 6, 2004 Doug Darbyson Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED Dear Mr. Darbyson: OCT ! 3 PLANNING RE: City Files: AM-08/2004 & AM-41/2004 -& DEVELOPMENT 5259 Dorchester Road and 6940 Morrison Street Official Plan and Zoning By-law Amendment application {Public meeting notice) Relocation Zehrs food store Further to your circulation received September 20, 2004, the Ministry has reviewed the above noted application. In general, the applicant should be aware that any proposed development of these lands, including any new buildings andparking lots, willrequireMinistryreview and approval. In addition, no pre-servicing, grading, and installation of signs on the subject land is permitted without the issuance of Ministry permits. We will require any new structures, above and below ground be setback a minimum distance of 14m from our ultimate highway property line. This includes any new buildings, internal roads, essential parking, fire routes, storm water management ponds and any other essential structure for the development. The applicant should be made aware that Ministry permits are required for all structures above and below ground, located within the Ministry's permit control area. Subsequent requests will require the applicant to submit a site plan, a survey plan, an illumination report, a site servicing and grading plan, a traffic impact study and a storm water management report. A Traffic Impact Study (TIS) will be required to assess the potential effects of traffic caused by the _ proposed development on QEW and HighwayS20 interchanges and to identify the necessary highway improvement to ensure the provincial highway system will operate at an acceptable level upon completion of the proposed development. A Storm Water Management Report detailing the intended treatment of calculated runoff for 5, 10, 50 and 100 years storm is required. Permits must be obtained fi.om our office located on the 7th Floor, Atrium Tower, 1201 Wilson Avenue, Toronto, Ontario M3M 1J8. The Permit Officer contact for this area is Mr. David Brown and he can be reached at 416-235-4081. Yours truly, Corridor Management Technician Corridor Management Office c.c. Richard Yeung - Corridor Management Engineer 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L.2E 6V2 TELEPHONE (905) 354-3853 P.O. BOX 576 FAX (905) 354-1816 ~r~ ,~ River Realty Development (1976)[nc. · I .J~ Planning .... October 14`~, 2004 OCT I 8 200/, c, Mayor and Members of Council city o£ Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Sirs/Madams: Re: 5259 Dorchester Road, Niagara Falls Re: Application for Official Plan and Zoning Amendments Re: AM-08-20tM: AM-41-2004_, We have received notice of the Public Meeting for the above noted amendments. Since we nmy be unable to attend this meeting we wish to provide Council with our comments in advance. We do not oppose or object to the proposed re-zoning of the former Acres property (Parcel 1 in the Notice) which would allow the re-location of the Zehrs Food Market to this location. We do not oppose or object to the proposed amendment to the designation and zoning of the former Zehrs site (Parcel 2 in the Notice) by deleting Special Provision #604. It is only proper that the re-zoning of Parcel 1 not create an additional food supermarket site without the appropriate studies and we are not aware that any such have been done. We however strongly object to the proposed re-designation and re-zoning of the former Zehrs site (Parcel 2) for general commercial uses in the absence of specific uses and size limitations. The notice is unusually vague on this issue. It only indicates that new policies are to be added "to permit the remerchandising and expansion of the existing food store for non-retail services and facilities and _for ancillary service commercial uses." In. the absence of specifics these words are memfingless and ambiguous and would literally mean any commercial uses both retail and non-retail, Council should be aware that the original Ontario Municipal Board cleeision approved the re- designation and re-zoning of these industrial lands purely for the purpose of big box development with very limited small store (under 5,000 sq. ff.) uses. Without such limitations this re- - development will not only continue to erode-retail uses in other established areas but all other - planned uses which have b~ previously approved. While some smaller stores have been established on this over-all site (not on Parcel 2) this has been done by careful and extensive negotiations with the owner of the balance of this centre, We urge Council not to approve this aspect of this amendment without much more extensive information of the proposed uses and their minimum size. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. President. $^B:dm 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 TELEPHONE (905) 354-3853 P.O. BOX 576 FAX (~O5) 354-t 816 River Realty Development (1976) Inc. Oo,ob 2004 I PLANNING I Mayor and Members of Council City of Niagara Falls 4310 Qn~n street, Box 1023 Niagar~ Fa~]s, O1'~ L2E Dear Sirs/Madam: Re: 5~59 Dorchester Road, l~iagara l~alls, Obi Re: Application for Offlei~d ?l~n an~[ 2~o-I~g Ameadnte~ts Wc have ~evlewed the planning ~epo~ rega~cling the sboYe app]icatio~s and ([isc~ss~l the matter with M~. Ken Mecb o£the ?1arming Department~ We wi1! ~ot oppose o~ o~ject to the a~ov¢ applications p~ovi(led they ~re passed at Council in their cttrrent format v~tho~t any amendments. Additionally, we want to ~surc t~c r~tai! component found in ?hast 2 of thc ~ew ~chrs "Outbt~flcting" compoaent is limited to 10,000 square feet. We r~sp¢cffully r~qucst that the draft zoning by-law be forwarded to our offices £or o~ review prio~ to going to Cotmci] fo~ final al~Pmval. ¥o~ ma), ~¢tract our lette~ dsted October 14~, 2004. Yours mal¥, RI¥]ER REAL~¥ DEVELO?MENT (1976) I~C. ?TOp¢l'ty ~VIatt~ger Main & Ferry Business Improvement Area 6062 Main St. Niagara Falls, Ontario L2G-SZ9 October 6, 2004 Mayor Ted Salci & Members of Council On Wed. September 22, 2004 the members of the Main & Ferry Business Improvement Area held an important meeting which resulted in the business area members to express their interest to create a consumer friendly business district. The new executive committee was elected during this meeting and their contact information has been attached to this correspondence for the City records. The Main and Ferry Business Area is situated in one of the City's oldest commercial/tourism districts. Although, the business owners agree that there is potential to return the area to the once vibrant business district due to the strategic location between the Fallsview, Victoria and Lundy's Lane commercial areas. Shuttle buses and tourists have established a route to the Fallsview tourism district. In partnership with the City the BIA members wish to create an attractive gateway joining together our district to other tourism districts creating a world class tourism destination for the entire city. The increase in crime to the district has resulted in a direct economic decline for the well established businesses in the Main & Ferry area. Property values continue to decline for both commercial and residential properties in this district. Many of the area businesses are reconsidering their business options. There will be a further increase OCT I 8 in vacancy rates, building deterioration if major improvements are not addressed in both short and long term planning for this area. On behalf of the members of the Main & Ferry Business Improvement Area I am respectively requesting to have the support of City Council and Staff to assist the business district to develop/implement a streetscape beautification plan for 2005. In partnership we can work together to clean up our neighbourhood, establish community policing solutions in order to retain the business and residential investment in the Main & Ferry District. Critical land use planning for this important commercial district is essential to the City's long term economic planning. The Main & Ferry BIA is requesting Council to consider in their 2005 budget year for a Community Improvement Plan be prepared for this area. Thank you for your consideration and we look forward to working with the Council and Staff to revitalize the Main & Ferry Business district. Sincerely, Ruth-Ann Nieuwesteeg Chair Main & Ferry Business Improvement Area c.c Dean Iorfida Ken Burden Doug Darbyson Wendy Canavan Lorne Lillico Carl Scott Adele Kon Ma_in & Ferry BIA Executive Committee Updated: October 18, 2003 to replace previous copy which contained erroneous information President: Ruth-Ann Nieuwesteeg, 6062 Main Street, L2G 5Z9 Past President: Sante Sticca Vice-President: Bob Muller, 5823 Ferry Street, L2G 1 S8 Secretary: Dave Paterson, 6081 Main Street, L2G 6Al Treasurer: Mary Sticca Director: Don Swalm, 5859 Ferry Street, L2G 1S8 Director: Vijay Kapur, 5824 Main Street, L2G 5S5 Director: Felix Pingue, Director: Victor Fraone: 6026 Main Street, L2G 5Z8 City Rep: Janice Wing, 6018 Barker Street. Mike Harris resigned and has been replaced by Felix Pingue and Sante Sticca has been inserted as Past President l. tI~, F~LL$ CLERKS '04 0~) {~ Canada Family Action Coalition Together for a better Canada Niagara Chapter of Canada Family Action Coalition Box 306 Vineland, Ontario LOS 2C0 Dear Mayor and City Councilors, I, Jackie Heikoop, am writing to you concerning the White Ribbon Against Pornography Campaign (WRAP). This year it runs from October 17m - 26t~. Irt the past, Cheryl Wheeldon spoke to you on behalf of our group, CFAC (Canada Family Action Coalition), formally Niagara Community Impact Committee, addressing the issue of Pornography and the Age of Sexual Consent. I am sorry to report that thegovemment has done noth/ng to raise the age of consent from 14 to 18 years old. We hope you will support with these four requests: 1. Send a letter to our Honorable Paul Martin and Min/ster of Justice, Irwin Colter. 2. Designate October 17~ to 26t~, White Ribbon Against Pornography Week. 3. Allow us to leave a "Big White Ribbon" at your city hall/n order to get signatures. It will be presented to your local MP. 4. Rev/ew your bi-laws to/nsure healthy community standards. Trusting that we can work together to make our community a better place for our fam/lies. Sincerely, Jackie Heikoop 144 Welland Rd., Fonthill, Ont. LOS (905) 892-1238 Sept.23, 04 , Canada Family Action Coalition Niagara Chapter of Canada Family Action Coalition (CFAC) P.O. Box 3'06, Vineland, O,N L0R 2C0 Phone: (905) 899-~332 www. farnilyaction, org --,a¢ o~' ~¢ ~ Corporate Services Department CD-~004-22 The City of Clerk's Division Dean Iorfida Niagara Falls yj~l~.==~ 4310 Queen Street City Clerk P.O. Box 1023 Niagara Falls, ON L2E 6X5 ~11~~ - I-'" web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-22 Posting of Election Finance Statements RECOMMENDATION: That the election finance statements not be posted via the City's website or gaserFiche system. BACKGROUND: At the April 19th, 2004 Council meeting, a motion was put forward to have staff scan candidates' financial statements from the 2003 municipal election so that each candidates' statement would be accessible via the Internet. This motion was not seconded - a signal that Council was not interested in posting these statements. On August 18', the Niagara Falls Citizens for Democracy made a request that these statements be posted. Their request and my response were provided in the Council information package of September 20th. At no time during that meeting did any Council member raise the issue. It was at the most recent meeting (October 4th) that the issue was raised again. This time the motion was duly seconded but deferred because information that had been provided in the past was not present in that evening's Council package. The writer will provide a consolidation of points brought forward e in past e-mail correspondences on this matter. Public Availability of Candidates Election Statements Candidates' financial statements under the Municipal Elections Act are public information. The statements are available for inspection during regular business hours in the Clerk's department. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning & Development October 18, 2004 -2- CD-2004-22: Since the deadline for filing the statements, a total of four individuals have asked to view the statements. When the matter was raised in April, Clerks' staffresearched the legalities of the issue. My response at the time was as follows: The Ministry of Municipa! Affairs has let us know that there shouldn ? be a problem in posting such information. Although they did think it was an interesting issue and did have some "back and forth ~' amongst their people. In staff's investigations, we could only find one municipality (Oakville) that posted the statements. Purpose One of the results of a public inspection of election statements is that an elector can request a compliance audit of the candidate's election campaign finances. The Municipal Elections Act states the following requirements: The application shall be made to the clerk of the municipality or the secretary of the local board for which the candidate was nominated for office, within 90 days after the later of the ftling date, the andzdate s last supplementaryftling date, if any, or the end of the candidate's extension for ftling granted under subsection 80 (6), if any; it shall be in writing and shall set out the reasons for the elector's belief As Council should recall, the filing date for election statements was March 31, 2004, which means the last day to file a compliance audit would have been at the end of June? Therefore, with the date for filing a compliance audit passed, there would seem to be even less reason to post these statements now. The argument before was that posting the statements would allow the electorate to scrutinize them for the end purpose of filing a request for a compliance audit, if necessary. With the deadline passed, the only purpose of posting these statements would be to satisfy a certain sense of curiosity or "political voyeurism", seem to This writer also does not buy the argument that when a politician receives a donation from a business or individual that they will be "beholden" to that donor. Administrative Priorities It is the writer's opinion that posting of this information is more political than administrative. If Council feels this information is valuable to the public that's fine but staffwould never unilaterally put such information on the website. Clerks' staffpriorities, as far as utilizing the website, would be to post certain by-laws (i.e. noise, fence, sign, animal by-laws), that the public routinely asks for, ahead of election campaign finance ~ The exception would be ifa candidate has extended his or campaign period. A complim~ce may be requested 90 days after the candidate's final filing. October 18, 2004 - 3 - CD-2004-22,' statements. As Council will note from CD-2004-21, Municipal Clerks Performing Civil Marriage Ceremonies, Clerks' staff has recently put the marriage licence applications on-line_ With the municipality processing more than 1,100 such applications each year, it is the type o~' service or information that should take priority over the posting of election statements, which will_ satisfy the political curiousity of only a handful of individuals. CONCLUSION: Council was definitive when the issue of posting election statements first arose in April: there was not even a seconder to the motion. Since that time, with the passing of the deadline for requesting: compliance audits, there is even less reason for posting these statements. If an individual is genuinely interested in the election finance statements, they are free to come down to the Clerk'a office and view them. From an administrative point of view, posting of these statements would not be a staff priority. There is other information that Clerk's staffhope to make available on the City website in the future that will benefit or be of interest to a larger cross section of the population. /~f~at~RecOmmended by: :~"'-L___ R~~tted: cDi~cI~errk ~ Jc°hih~ef~CmDi~ins~lrdative Officer Executive Director of Corporate Services From: Dean Iorfida To: info@nfcd.ca Date: 8/18/2004 3:11:49 PM Subject: Re: Mr. Grunstein: A motion to post the election expense statements on the City's website was moved BUT NOT seconded at:: a past City Council meeting; therefore, the statements will not be posted on the City's website. There is no requirement to post such statements on the website. The statements are available for inspection by the public during regular business hours in the Clerk's department. Sincerely, Dean Iorfida City Clerk >>> <info@nfcd.ca> 08/18/04 1:53 PM >>> Mayor Salci and Members of Council, As you know, Niagara Falls Citizens for Democracy has been promoting issues of transparency and accountability for some time. In that spirit, we would like to propose that Council instruct staff to post on the City's website the Statement of Expenses and financial reports of all candidates running in the 2003 municipal election. Other municipalities are certainly moving in this direction and considering the fact that compliance audits have become a topic of discussion in the city, it is certainly the appropriate time to begin this practice. Posting such documents, in the same way that Council minutes and agendas are posted, will unquestionably render City Hall more transparent. I trust the Clerk will distribute our request to memebrs of council for their consideration. Yours Truly, Mel Grunstein NFCD President CC: Ted Salci Community Services Department R-20{:~4-70 The City of Parks, Recreation & Culture Adele Kon · 4310 Queen Street N~agara Falls ~'a-,4 Director FJ ~,..P .O. Box 1023 .~111~/-r web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-maih akon@city, niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' R-2004-70 - Terms of Reference - Armoury Ad Hoe Committee RECOMMENDATION: That the Terms of Reference for the Armoury Ad Hoc Committee be approved· BACKGROUND: Council appointed three (3) members of Council, (Aldermen Diodatti, Kerrio, and Wing) to the Armoury Ad Hoc committee. Council also appointed the Museum Board, however, they have since declined their participation on the Ad Hoc Committee. Mandate: The Committee is an Ad Hoc Committee of Council, established to advise and assist Council by recommeCding the best use for the Armoury building and site. Responsibilities: The Committee's responsibilities will relate to the following areas of activities: · to maintain clear communications with the community organizations and individuals who have expressed interest in using the building; to establish criteria for the evaluation process guidelines to assist in the selection process; · to obtain information from each of the proponents; Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 18, 2004 - 2 - R-2004-70 · to consult with other community organizations and individuals whenever necessary; · to ensure that Council is made aware of the Committee's progress; to recommend to Council the long term final use of the building; and to recommend an appropriate budget allocation. Recommended by: Respectfully submitted: Adele Kon ~John MacDonald Director of Parks, Recreation & Culture ~ - Chief Administrative Officer AKJdas S:\Council\Counci12004\R-2004-70 - Tenms of Reference - Annoury Ad Hoc Committee.wpd Corporate Services Department CD-~004-21 The City of ~1~ Clerk's Division Dean Iorfid~ Niagara FallsyJ~,~lEr 4310 Queen Street City Clerk C(]n~ ~" 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-mail: dio~da@city.niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-21 Municipal Clerks Performing Civil Marriage Ceremonies RECOMMENDATION: That the municipal clerk not offer the service of performing civil marriage ceremonies. BACKGROUND: On September 24, 2004, a backgrounder came down from the Ministry of Consumer and Business Services announcing that the government has changed the regulations under the Marriage A ct, giving municipal clerks the authority to solemnize civil (i.e., nonreligious) marriages. The rationale behind the decision was to "improve access to people who want a civil marriage in Ontario", relieve judges and justices of the peace of this duty, so they could "increasingly focus on court-related duties and because "municipal clerks welcome this opportunity to expand their role in the marriage process". (A survey of Niagara area clerks indicated that no one "welcomed this opportunity" to perform civil ceremonies!) The Local Situation Undoubtedly, the issuance of same-sex marriage licences has placed demands on judges, J.P.'s and those officiants who perform civil ceremonies. Niagara Falls, however, has a well-developed matrimonial industry. As a result, this writer sent a questionnaire to sixteen (16) area officiants and wedding planners to elicit their feedback. The questions posed were: do you perform civil marriage ceremonies/do you perform same-sex marriages/have any of your clients had difficulty finding someone to perform their wedding ceremony and what are your thoughts on municipal clerks having the authority to solemnize marriages. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal · Planning & Development October 18, 2004 - 2 - CD-2004-2'~ Some of the comments received are as follows: the service is not necessary in Niagara Falls. weddings are well-catered for in the city. municipal clerks are already over stretched with work. there are plenty of options for clients coming to Niagara Falls. There are denominational ministers, nondenominational ministers and clergy who cater to same-sex marriages. performing marriage ceremonies is our prime income. If City Hall were to perforn~ marriages it will have an unknown affect on our business. it is not as simple as just performing a ceremony. Much dialogue and counseling are required with each couple. As noted in one of the above comments, there appears to be enough available options for all type~ of marriages. There may have been a dearth of clergy willing to perform same-sex marriage~ initially but this no longer appears to be a problem. Also, although the Association of Municipal Clerks & Treasurers (AMCT) plans to hold training sessions, this writer does not relish th~ counseling function that the service would entail. Cost Recovery Some municipalities may have desired the opportunity to perform civil ceremonies as a profit generator especially if their city hall houses an on-site chapel (i.e., like Toronto). The Province in~ their directive, however, indicates that a municipality can set fees "to recover the cost of performing; civil marriages". Although, staff could probably come with appropriate/innovative costs (i.e., wages, utilities for use of City facilities, opportunity costs, wardrobe allowance (!)), the service cannot be a profit generator. Even if we ~vere to justify a number of costs, in all likelihood our fee would undercut those currently providing this service locally. It is doubtful that the municipality would want to compete with and undercut a well-established local industry. Another matter to consider would be when would the clerk perform such services? Would it be appropriate for the clerk to stop all of his or her regular activities to marry someone upon completion of their licence? In all likelihood, it would be necessary to set aside certain times only for this service. Most couples, however, would probably not want to be married during regular business hours and prefer weekends or evenings. Should the clerk make this service available outside of' regular business hours? It should be noted that some in the local matrimonial industry have expressed frustration that City Hall is not open on the weekend for individuals to apply for marriage licences. Many would like Niagara Falls to be more like Las Vegas, i.e., you could get a marriage licence at any time. Staff is unsure whether there is a demand for a weekend service. Also, if you are planning something as important as your wedding, you should give your self enough lead time to get a licence and not wait until the last minute. October 18, 2004 - 3 - CD-2004-21 Discretion Although the Province has downloaded this service to the municipal clerks, they have not made it mandatory. Under this new initiative, municipalities will be able to choose whether or not to offer- civil marriage services. A survey of the Niagara Area clerks indicates that all have or will recommending against providing the service of performing civil ceremonies. CONCLUSION: Although it is probably obvious from the report, what this writer's opinion is, I will offer the following objective reasons why the clerk should not perform civil marriage ceremonies: the matrimonial industry in Niagara Falls is developed and all types of marriages are accommodated. the service would not be a revenue generator based on the prescription from the Province. the provision of the service is not mandated by the Province. it would be difficult to accommodate this service on top of the regular duties of the Clerk's office. As a somewhat related aside, please note the attached memo from Bill Matson. The Clerk's division has automated the marriage licence process. Clients can now fill out a marriage licence application through the City's web site. The process which used to take about 20 to 25 minutes and still required the use of typewriters, will now take as little as five minutes to complete. Staffhopes to publicize this service in the coming weeks. Recommended by: Respectfully submitted: Dean~ City Clerk _~. IahnMeD~.~la~{~ad_i~fi~.i.~.tr~tive Officer Approved by: Executive Director of Corporate Services ~ In Case of Trans~ion Difficulties, Please call ~NI~6-863-2101 News Release Oommuniqu For ~mediate Release September 24, 2004 ONTARIO GOVERNMENT IMPROVES ACCESS TO CIVIL Muni~pal Clerks Ha~e Author~y To Sol~mniz* Marriages QUEEN'S PARK ~ The Ontaho gove~ent is giving people greater choice by ~lowing municipal clerks to pe~o~ civil m~iages, Consumer ~d Business Se~ices Minister Jim Watson a~ounced today. "Couples seek civil m~iages for a variety of personal re~ons,' said Watson. "People who w~t a civil m~iage in Ontario will soon have improved access to t~s se~ice." Changes to the regulations under the M~iage A~ give municipal clerks the authority to solemnize civil m~iages in Ontario. ~ese chmges to the act ~e also aimed at reducing the dem~d on judges and justices of the peace, who increasingly have to focus their attention on couP-related duties. Municipalities now have the option to offer civil ma~iages if they choose ~d set fees to recover the cost of providing civil m~iage se~ices. Local semite is expected to be available in late fall 2004. "Allowing mufficipal cler~ to pe~om civil ma~iages complements their cu~ent role as ma~iage licence issuers," said Municipal Affairs and Housing Minister Jo~ Ge~etsen. "We will continue to work with municipalities to improve the quality of life in our communities." ~is initiative is supposed by municipalities and municipal clerks. "Municipalities see this as a positive step in providing ~other level of se~ice for people in our communities," said Roger Anderson, president of the Association of Municipalities of Ont~io. "Municipal clerks welcome this oppo~unity to exp~d their role in the ma~iage process ~d provide a more complete se~ice to those seeing a civil m~iage," said R. Jack Watson, president of the Association of Municipal M~agers, Cler~ and Treasurers of Ontario. Approximately 66,000 ma~iages are pe~o~ed eve~ year in Ont~io, five per cent ofw~ch are civil ma~iages. 0 Backgrounder Document d'informationOntario Ministry of Mlnlst~re des Services Consumer and aux consommateurs Business Services et aux entreprlses September 24, 2004 CIVIL MARRIAGES IN ONTARIO The Ontario government has taken a step to allow municipal clerks to perform civil marriages in Ontario. Providing municipal clerks with the authority to perform civil marriages will improve access in a timely and fiscally responsible manner. Changes to the regulations under the Marriage Act provide municipalities with the option to offer civil marriage services if they choose and set fees to recover the cost of performing civil marriages. Getting Married in Ontario There are two ways to get married in Ontario: a civil marriage or religious marriage service. A civil marriage can be performed by a judge, justice of the peace or municipal clerk under the authority of a marriage licence. In recent years, judges and justices of the peace have increasingly focused their attention on court-related duties. As a result, Ontarians have seen reduced access to civil marriage services. Municipal Clerks Allowing municipal clerks to solemnize civil marriages builds on their current municipal role as marriage licence issuers and increases the number of people providing civil marriage services for all Ontarians. In addition, some municipalities already have wedding chapels in their municipal facilities. Municipal clerks are also recognized public servants who are familiar with the legal and administrative environments of municipal government and the delivery of municipal services. Municipal clerks also have the authority to collect funds on behaff of the municipality. An optional training program for municipal clerks has been designed and the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) will deliver the program. Married in Ontario Approximately five per cent of the 66,000 marriages solemnized in Ontario every year are civil marriages. -30 - Contact: Derek Nighbor Julie Rosenberg Minister's Office Ministry of Consumer and Business Services (416) 326-3015 (416) 326-8558 Disponible en frangais www. cbs.gov, on. ca Corporate Services Department The C~ty of ~1~1~ Clerks Division Niagara Fails ~.~1~' Inter-Department Memorandum ~ I~ - TO: DcanIorfida DATE: October 6,2004 City Clerk FROM: Bill Matson Records & Elections Co-ordinator Ext. 4342 RE: On-Line Marriage Applications As you are aware, staff have been working towards automating the marriage licence process in order to better serve the public and become more efficient internally as well. Anyone searching for information on the City's web page can now access an on-line marriage application that is interactive. In other words, instead of simply printing a blank form the applicants can now fill out the application by typing in their particular information and then sending that application directly on to City Hall. Provided the applicants arrive in person here in the Clerk's office within 30 days of submitting their information, Clerk's staff can enter the applicants last name or a unique confirmation number to prepare for the printing of the marriage lieence. The on-line application was put on the City's web page on Friday October 1,2004 and on Monday October 4th, the first automated marriage licence was issued. Once staff have verified all of the information on the application, checked the applicants identification and obtained the application fee, a marriage licence can be printed from the staff's computer without having to physically type all of the applicant's information. The information is then automatically transferred to the City's Vital Statistics database. This whole process takes about 5 to 7 minutes per completed application. Previously, the applicants would fill out the application by hand then a staffmember would have to type the information as provided on the application, onto the marriage licence using a typewriter. Then the Vital Statistics clerk would have to re-enter the information into the City's Vital Statistics database. This whole process would take 20 to 25 minutes per application. Other municipalities such as Pickering and Toronto have been using a similar automated process for issuing marriage licences as far as printing the licences via a computer but the difference between theirs and the City of Niagara Falls' is that our application is interactive and the applicants fill out the information themselves ... a very time saving step for City staff. ~Vorking Together to Serve Our Community Clerks Finance Human Resoumea · Information Systems Legal · Planning & Development Community Services Department FS.~004.18 1'he City of ~l~t' Fire Services Patrick Bur~..~e 4310 Queen Street Fire Chief NiogO~'O F:oHs~J~.ldlf, P.O. Box 1023 CQn~~ Niagara Fails, ON L2E 6X5 ~~ web site: ~.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: pburke~city.niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2004-18 Staffing Plan - Phase 3 RECOMMENDATION: It is recommended that Council approve eight (8) additional firefighters for inclusion in the 2005 Fire Services Budget. 'BACKGROUND: In November of 2002 Council approved, in principle, a four-phase staffing plan for Fire Services. In the first phase Council approved six (6) additional firofighters for 2003 and this year, in the second phase thero was approval for eight (8) additional firefighters. The staffing plan identified eight (8) additional firefighters for 2005 and five (5) additional firofighters for 2006. The report from 2002 provided an extensive background as the basis for the recommendation. That background included: industry standards for response capability related to critical tasks; unique make-up of the city and its accompanying risks; Occupational Health and Safety Guidelines for the fire service; outline of critical tasks; Niagara Fails Hi-Rise Manual and Operational Guideline; and proposed minimal staffing levels per vehicle. The entire staffing plan is directed at bringing the on-duty full-time staffing levels up to the point that the Niagara Falls Fire Services could deploy the necessary resources to begin critical operations in the event ora fire or other major incident at our highest risk occupancies. The plan pre-supposes that where there is a fire or major incident at one of these high risk occupancies it will require Working Together to Serve Our Community Municipal Works. Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 4, 2004 - 2 - FS-2004-18 substantially more resources in support of the initial response crews. Off-duty full-time firefighters, volunteer flrefighters and possibly mutual aid from within the region will be required to effectively provide for the required operations at such an incident. The staffing premise is based upon deployment for initial set up and attack but not for prolonged operations. It is recommended that Council approve the continuation of the staffing plan. Prepared and Recommended by: Respectfully submitted: ,4 Patrick Burke Fire Chief (~' Chief Administrative Officer Corporate Services Department L-20~4-43 ]'he City of J l li/ Legal Services R.O. Kallio Niagara Falls lJ ~ 4310 Queen Street City Solicitor P.o. Bo× 023 Niagara Falls, ON L2E 6X5 ~111~ '~ web site: www.city.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city, niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-43 Partial Release of Site Plan Agreement Part 1 on Reference Plan 59R-12239 Our File No.: 2004-247 RECOMMENDATION: That Council authorize execution of an Application (General) and documents necessary for the purpose of releasing part of the lands included in a Site Plan Agreement made between JLA Factory Outlet Holdings Limited ("JLA") and The Corporation of the City of Niagara Falls ("City"), being Part 1 on Reference Plan $9R-12239 ("subject lands"). BACKGROUND: In 1999 the City entered into a Site Plan Agreement with JLA Factory Outlet Holdings Limited to construct a factory outlet mall. The Site Plan Agreement was registered on all of JLA's lands which included the mall and surrounding parking, loading and circulation components, together with the subject lands that front onto Montrose Road. In December 2002, JLA received approval from the Committee of Adjustment to sever the subject lands and it is now in a position to transfer the subject lands. Robert Blunt, solicitor for the Vendor of the subject lands, has requested that same be released from the Site Plan Agreement. Working Together to Serve Our Community Clerks · Finance · Human Resources Information Systems Legal Planning & Development October 18, 2004 - 2 - L-2004-43 The Planning Department confirms that the subject lands are no longer required as part of the Site Plan Agreement and may be removed from the title, at no cost to the City. Prepar/~ by: Respectfully submitted: Mary Morr/o~e ff John MacDonald Law Cler~ ~/ Chief Administrative Officer Regd~mended by: Ray Kallyo · City So/ldcitor Approved by: T. Ravenda Executive Director of Corporate Services MM/lb Community Services Department MW-2004-152 Municipal Works Ed Dujlovic, P~ Eng. The City of ~ 4310 Queen Street Director Niagara Falls_-- P.O. BOX 1023 Niagara Falls, ON L2E 6X5 Carl~~ web site: www.c[ty.niagarafalls.on.ca ~111~1~ I Tel: (905) 356-7521 Fax: (905) 356-2354 E-maik munwks@city.niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW~2004-152 Tender #23-2004 New Equipment Purchase RECOMMENDATION It is recommended that Tender for the purchase of New Equipment be awarded to the following bidder: 1) Archer Track Service Ltd., St. Catharines, Ontario for Section 3 - two (2) Trucks, Cab & Chassis with 6.0 Cu. Yd. Minimum Dump Body/Spreader All Season Combination Equipped with Power Operated Snowplow & Wing in the amount of $371,481.12. BACKGROUND Tenders for New Equipment were opened by the Tender Opening Committee on Thursday, August 26, 2004 with the City Clerk in attendance. A summary of the bids is attached for Council's information. A complete evaluation was done on the vehicle specifications from the two lowest bidders, Eastgate Truck in Hamilton and Archer Truck Services in St. Catharines. We found the bid from Archer Truck Services in the amount of $371,481.12 to be the most suited for our intended use as per the specifications outlined in Tender #23-2004. Sufficient funds are available in the 2004 budget to cover the purchase of new equipment. Council's approval of the recommendation and information contained in this report would be appreciated. Working Together to Serve Our Community Mueicipal Wo~ks Fire Services Parks, Recreation & Culture Business Development Building & By-Laws MW-2004-152 - 2 - October 18, 2004 Prepared by: Respectfully submitted by: ,-,--("'~" John Morocco ~/John MacDonald ',,-; Operations Superintendent / Chief Administrative Officer Recommended by: Ed Dujlovic, P.Eng. Director of Municipal Works /gkf attach. H:~REPORTSX2004hMW-2004-152NEWEQU1PMENTPURCHAS E.wpd TENDER #23-2004 - NEW EQUIPMENT PURCHASE TENDER SUMMARY Total Price including All Taxes SECTION 3 Two (2) Trucks, Cab & Chassis with 6.0 Cu. Company Yd. Dump Body/Spreader All Season Combination Equipped with Power Operated Snowplow & Wing Eastgate Ford Sales Ltd. $360,617.00 Hamilton, ON $368,540.50 Premier Peterbilt Inc. $399,850.40 Brampton, ON St. Catharines Track & Tractor $374,821.70 St. Catharines, ON $436,540.00 Community Services Department MW.2004.1~3 The C~ty o ~ Ed Dujlovic ' f Municipal Works ..... Ii I , 4310 Queen Street ~l(]gar.(:] I-QIIS yJ ~ P.O. Box 1023 Director ',.,an~~ Niagara Falls, ON L2E 6X5 ~-r web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: ed ujlovi@city.niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-153 Victoria Avenue BIA Sidewalk Extension RECOMMENDATION: To be received and filed. BACKGROUND: On May 31, 2004, Community Services Committee approved Report MW-2002-12 to widen the sidewalk in front of 5751 - 5763 Victoria Avenue to accommodate Hard Times Restaurant and Subway in installing sidewalk cafes. Since the present conditions of the sidewalks, curb and gutter, etc., are in good condition and the City has no plans for improvements in this area in the near future, these works will be considered "Out of Phase" and 100% of the cost would be borne by the Victoria Centre BIA. This work was included in Contract 2004-138-04 "Asphalt Pathways & Victoria Avenue Sidewalk Extension." Tenders for this contract closed on Tuesday, September 14, 2004, and based on the tender prices the cost to complete the Victoria Avenue Sidewalk Extension was $22,874.00. On September 15, 2004, a letter outlining the cost was sent to Sue McDowell of the Victoria Centre BIA for their review and approval. A response was received by email on September 30, 2004, and the BIA would like to defer the sidewalk extension until more information is available regarding the intersection improvements at Victoria Avenue and Centre Street, as it may make sense to do both at the same time. Therefore, only the construction of the asphalt pathways on Main Street from Allendale Avenue to S~tanley and on Fallsview Boulevard from Robinson Street to 120 m north of Murray Street will be completed under Contract 2004-138-04. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Buildina & Bv-Law Servic~.~ MW-2004~153 - 2 - October 18, 2004 Prepared by: Respectfully submitted: ~O( Mike DiPaola ~ John MacDonald Project Manager Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng Director of Municipal Works S:kREPORTS~2004 Reports~MW-2004-153 Victoria Ave BIA Sidewalk Extension.wpd Community Services Department MW-2004-1,~, 5 Municipal Works Ed Dujlovic The Cily of 4310 Queen Street . P O Box 1023 Niagara FalIsW~',~.,~ N: ' Director A -- ~,~ ~ ~agara Falls, ON L2E 6X5 L.,QnooQ.,~~/,~" web site: www.city.niagarafalls.on.ca -~' ~r'-~:~.--~"",==~" !Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls,on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2004-155 Supply and Installation of Additional Pay and Display Equipment RECOMMENDATION: It is recommended that Parksmart Inc. supply and install ten (10) additional Pay and Display Machines at the 2003 price as quoted in RFP #P42-2003. BACKGROUND: Council approved the in installation of both on-street and off-street pay and display machines as outlined in Report # MW-2004-120 - Request to Extend the Hours of Paid Parking in the Downtown and Report # MW-2004 - MW-2004-126 - Fallsview Casino Area Parking Review. As a result, Staff is required to purchase ten (10) new Pay & Display machines. In October 2003, Council awarded RFP #P42-2003 to Parksmart Inc. to supply a total of 13 machines as part of our five (5) year parking meter replacement program. Since that time, we have added an additional four (4) machines to the original contract due to other Council approved commitments. Parksmart Inc. has agreed to supply ten (10) additional Pay & Display machines at the 2003 RFP quoted price. Therefore, staff is recommending that ten (10) Pay & Display machines be purchased from Parksmart Inc. Financing: Cost: $118,691.27 Funding: Parking Fund Reserve # 11-3-341000-030001 $118,691.27 }Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Low Services October 18, 2004 - 2 - MW-2004-155 Council's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Respectfully submitted: Karl Dren, C.E.T. Manager of Traffic & Parking Services Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works S:\TRAFFIC\KEPORTS~2004\CouncilhMW-2004-155 - Supply of Additional Pay & Display Equipment.wpd File: G-180-19 Community Services Department MW---~004-156 The City of ~lf Municipal Works Ed Dujlovic Niagaro FollslJ~' 4310 Queen Street Director CanodO~l~l~ P,O. Box 1023 Niagara Falls, ON L2E 6X5 ~ T~ web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on,ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-156 Garner/Southwest Sanitary Service Area Review Municipal Class Environmental Assessment Consultant Engagement RECOMMENDATION: It is recommended that the City engage the services of Associated Engineering (Ont.) Ltd. to complete the Garner/Southwest Sanitary Service Area Municipal Class Environmental Assessment in accordance with their proposal dated October 2004, at an estimated fee of $59,960 (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 Montrose Road Business Park, Heartland Forest and residential lands to the north. The study area is generally defined by the Welland River to the south, Thorold Townline Road to the west, McLeod Road to the north and the Q.E.W. to the east and is referred to as the Southwest Service Area in the City's Official Plan. The Montrose Business Park project takes in a significant portion of the study area and, based on the City's interest in marketing these lands it would be prudent to commence a detailed engineering review of.?.e entire service area to ascertain the most cost effective approach to providing a sanitary sewer OUtlet. Associated Engineering (Ont.) Ltd. has successfully completed a number of servicing plans for the City and the Region of Niagara and are familiar with the development issues present in this area of the municipality. 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 Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 18, 2004 - 2 - MW-2004-156 Environmental Assessment as set out in the attached proposal. Given the fact that any solution will involve the construction of new facilities or the 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: Geoff Holman onald Manager of Development ~/ Chief Administrative Officer Appr~o~: Ed Dujlovic, P.Eng. Director of Municipal Works Proposal ~,o,,,~,,~,,v~-_ Engineering LOCAL FOCUS. CITY OF NIAGARA FALLS GARNER / SOUTHWEST SANITARY SERVICE AREA REVIEW MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT October 18, 2004 TABLE OF CONTENTS SECTION PAGE NO. I Introduction 1 2 Company Background 2.1 Corporate Profile 1 2,2 Engineering Value 2 3 Our Understanding of the Project 3 4 Corporate Experience 4 5 Our Project Team 5 5.1 Associated Engineering 5 5.2 Acres International 6 6 Methodology and Work Plan 6 6.1 · Phase I - Identify problem or opportunity 7 6.2 Phase II - Alternative Solutions 8 6.3 Phase III - Recommend Preferred Design - Master Plan 12 6.4 Phase IV - Identify Preferred Design 13 7 Schedule and Engineering Fees t3 7.1 · Schedule 13 7.2 Engineering Fees 14 8 Conclusion 14 APPENDIX A MAP OF THE STUDY AREA APPENDIX B CORPORATE EXPERIENCE APPENDIX C ORGANIZATION CHART APPENDIXD RESUMES P R 0 P 0 $ A L ASSOCIATED A~ ENGINEERING CiTY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment APPENDIX E PROJECT SCHEDULE APPENDIX F MANHOUPJFEE SCHEDULE P R 0 P 0 $ A L ENGINEERING CiTY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment INTRODUCTION Associated Engineering (Ont.) Ltd (AE) is pleased to respond to your invitation to submit this proposal to the City of Niagara Falls for Engineering Services related to the Garner / Southwest Service Area. By way of this proposal we express our interest in working with the City on the above project. The following sections provide the summary of AE's company background, related qualifications and experience relevant to master servicing plans, the class environmental process, municipal engineering design and construction management. AE's technical resources the work program and schedule and the fee structure are also presented. We are cormnitted to meeting your expectations for this important assignment and accordingly have assembled a highly skilled team of senior professionals with particular excellence in sanitary sewer master planning, environmental assessment, sewer and pumping station design, administration and construction supervision. Our team has technical experience in Niagara Falls and is familiar with local constraints and concerns. The prdject will be managed from the AE St. Catharines office. COMPANY BACKGROUND 2.1 CORPORATE PROFILE Associated Engineering is a Canadian, employee-owned, consulting engineering firm with over 50 years experience offering our clients the services of a dedicated team of professionals with specialized technical expertise. Through our St. Catharines office, AE offers a full range of environmental consulting services Which include: Wastewater, collection and treatment; water treatment, water supply, distribution and storage; stormwater collection and management; electrical engineering controls and instrumentation; municipal infrastructure services; municipal solid waste management; hazardous materials management; geo-environmental investigations and site remediation services; watershed PROPOSAL ASSOCIATEO JL~'~ 1 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review ~ Municipal Glass Environmental Assessment management; natural.resource management; enviromnental impact assessments, audits and monitoring; environmental health and safety services; environmental permits and approvals; project management and construction management services. In the area of municipal planning, engineering and design for sanitary sewers, E s pnnc~pal fields of specmhzatmn include the following: :.! ,, Studies, system analysis, reports, approvals, surveys, preliminary and detailed.design, tendering, and services during construction; ,:, · Communal Sanitary Sewage Collection Systems; · Rehabilitation of Sanitary Sewage Systems; · Gravity Sewer Design and Replacement specifying both open-cut and trenchless technology methods; · Standby power; · Sewage Trunk Collectors; · Sewage Storage Facilities; · Class Environmental Assessments; · Construction Management including document preparation, tendering, contract administration and field inspection services. 2.2 ENGINEERING VALUE AE's corporate philosophy has always emphasized "Engineering Value". We define engineering value as our commitment to provide the City of Niagara Falls with engineering services that will reduce your overall project costs while providing excellent project delivery. The following points highlight the significant value that the AE team can bring to the City of Niagara Falls on this project: · Highly qualified and experienced team of professionals dedicated to providing a superior quality product; · Proven track record of successful projects with a commitment to making your project a success; ASSOCIATED Air~ 2 ENGINEERING CI]~Y OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review '' Municipal Glass Environmental Assessment · Effective communications among all concerned parties such that key individuals are fully aware of project progress and work scheduling. This is critical for projects to be carried out on-budget and on-schedule; · Value added engineering services increasing the overall quality of the project while reducing overall project and long-term operating costs. OUR UNDERSTANDING OF THE PROJECT We have extensive experience in the preparation of Class Environmental Assessment documents for the design and construction of sanitary sewage collection systems, pumping stations, forcemains and water and sewer master servicing plans. A number of developers have approached the City with proPosals to develop certain land in this area. The Montrose Business Park bounded by Kalar Road, Brown Road, Montrose Road, and Chippewa Creek Road is part of the area. The City has expressed a desire to be in a position to be able to market serviced building lots on these City owned lands'. Other developers including the owners of the Warren Wood Subdivision, who would like to build residential development and Heartland Forest, which is proposed for Resort Commercial are included. Additionally, the Regionally owned Gamer Road Bio-Solids Lagoon and Grow Rich Limited and Cytec Canada Ltd. lands need to be serviced. The service area to be studied in this development is bounded by the urban boundary along McLeod Road in the north to the Hydro Canal; south to the north bank of the Welland River; westerly along the north bank of the Welland River to the urban boundary; north along the west limit of the urban boundary to Brown Road; then west along the south limit of the urban boundary to Thorold Town Line Road; and north to McLeod Road to the starting point. The main study area is broken into two service areas. One is north of Thompson's Creek and the other is between Thompson's Creek and the Welland River. Provisions in the master plan will be necessary to accommodate flows from the Grand Niagara Resort Area and surrounding lands south of the Welland River to ASSOCIATED A~ 3 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment the Urban Boundary at Biggar Road (Grassy Brook West Service Area). Capacity in the proposed sewers and pumping stations for these areas needs to be provided in the facilities for the basic service area. However, these areas are not part of the main study area for sanitary sewer services. Storm water drainage and water supply are not part of this Master Plan Environmental Assessment. A map is attached as Appendix A. While one of the tasks involves determining whether this Environmental Assessment should be a Schedule "B" or "C", it is felt appropriate that the study design include the work necessary to complete Phases 3 and 4 of the Environmental Assessment Report. We intend to conduct the public participation program as would be required for a Schedule "C" Class EA. In our experience, a good public relations program is key to a successful Environmental Assessment program. It is important to meet with City, Regional and MOE staff at the outset to determine issues that each of these groups have. We will also identify the private sector stakeholders and meet with them. A public information centre (PIC) will be scheduled as soon as reasonable notice can be advertised to inform the public. It is important to make contact with the public at the outset of the program to make them part of the. This will create a scenario where everyone feels that they are part of the solution. 4 CORPORATE EXPERIENCE Associated Engineering has direct experience with the preparation of Environmental Assessment documents for many similar projects related to master plans for water and sewer servicing, sewers, water mains, pumping stations and sewage and water treatment facilities. Some examples of master servicing plans are listed below. Detailed project sheets are included in Appendix B. · Wastewater Master Sen'icing Plan - Region of Niagara · Blenheim Area Water Supply System, Environmental Assessment Study - Blenheim · Long Term Water project Master Plan - York Region · Orangeville Growth Management Study - Orangeville PR 0 P 0 S AL ,ASSOCIATED Air~lr 4 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment In addition to the foregoing, AE has prepared many Class Environmental Assessments for water and sewage projects in the Region.. 5 OUR PROJECT TEAM The following staff from Associated Engineering national will be involved in the project. Acres International will be retained as a sub-consultant for work related to the assessment of the natural environment. The project organization chart is included in Appendix "C".: Resumes are attached as Appendix "D", 5.1 ASSOCIATED ENGINEERING Geoff Burn P.Eng. will act as Project Director f~r this project and be responsible for quality assurance and quality control. Geoffhas over 30 years experience in the execution and management of municipal engineering projects. He has been involved in and managed multi disciplinary engineering teams for many significant projects ranging from movable bridges, sewer tunnels, road projects and municipal servicing. He brings a wide range of experience in municipal engineering to this project. He will ensure that the project time lines that have been agreed to be met; will attend project meetings and review the various phases of the document presentation to ensure a high quality product. John Conlin P.Eng. MBA, R.P.P. is a civil engineer and registered professional planner with 36 years experience in municipal infrastructure planning, design, construction and management. Fields of experience include: preparation of Class Environmental Assessment documents, public participation, engineering design, urban planning, municipal servicing including water supply wastewater collection and storm water management. Mr. Conlin will be the Project Manger for this project, will attend all public information centres and staffmeetings and will prepare the Class EA document. Joe Tonellato P. Eng. is a Municipal Design and Project Engineer with 8 years experience in water supply, sewer servicing, site development and road reconstruction projects. Joe will prepare a preliminary design for the two PROPOSAL ^SSOm~ED ~L~-'' 5 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment pumping stations that will be required as part of this project and assist Mr. Conlin in the document preparation. Sue Noble, P. Eng. is a Professional Engineer specializing in water supply, sewer servicing, site development and road reconstruction. Mrs. Noble also conducts field surveys, resident engineering and has a thorough CAD background. She will work with Mr. Mark Belanger in the preliminary design of the sewers and forcemains. Mark Belanger B. Tech., C.E.T., is a Civil Engineering Technologist -' specializing in water supply sewers'service development and road reconstruction. Mr Belanger also conducts field surveys, resident engineering and has a thorough CAD background. Drafting and Clerical - Jeremy Stortz and Mark Mascioli will provide CAD drafting services. Clerical assistance will be provided as required. 5.2 ACRES INTERNATIONAL Larry P. King B.Sc. is a Senior Environmental Scientist specializing in environmental assessments and aquatic habitat investigations. He has over 25 years experience in the management, coordination and/or undertaking of environmental projects. Larry will be responsible for the preparation of Environmental Information including flora and fauna. This work will include field visits to compile and inventory of the plant, animal, and bird species present to determine the likely impact this project might have on those assets. He will also deal with social and economic issues related to this project. METHODOLOGY AND WORK PLAN We propose a clear, logical and traceable approach to this project in keeping with the key principles of Municipal Engineering. The following main tasks will result in the successful preparation of the documentation required for this Class Environmental Assessment. !i ASSOCIATEg A~lilt 6 ~ ENGINEERING CITY OF NIAGARA FAELS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment 6,1 PHASE I - IDENTIFY PROBLEM OR OPPORTUNITY 6.1.1 Project Initiation/Review of Background Data We are familiar with this area of Niagara Falls. We intend to review background information fi.om the City including: · The Garner Neighbourhood Secondary Plan, City of Niagara Falls ':: 1997 · The Grassy Brook Sanitary Service Area Class Environmental Assessment (as documents become available) · The Niagara Falls Official Plan · The City of Niagara Falls Comprehensive Zoning Bylaw · The Regional Niagara Policy Plan · The Niagara Fails South Side Sewer Shed Wet Weather CSO Study, Earthtech, 2001 · Base Mapping · As constructed drawings for the existing downstream sanitary sewers · Drawings of other municipal infi.astmcture · The Montrose Business Park Sewage Pumping Station Design Report, PNR, Dec 1990 6.1.2 Meetings With City and MOE Regional Staff A meeting will be held with all Municipal staff as well as MOE representatives at the outset to determine any issues that these individuals have and obtain any information that can be provided to us. 6. t.3 Notice of Study Commencement Immediately after the project assignment is made, we will prepare a Notice of Study Commencement for publication and mailing by the City of Niagara Falls. This is the first opportunity to inform the public and the stakeholders in the area of this project P R O P O $ A L i ASSOCIAIED 7 CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment 6.1.4 Problem/Opportunity Identification A problem definition for sanitary servicing for the Garner / Southwest Service Area will be developed 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. 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 the Region of Niagara as appropriate. Possible external development that may affect the available capacity of the downstream receiving infrastructure will be assessed. This problem definition will be done on a preliminary basis subject to review as noted below. 6.1.5 Identify Stakeholders and Public Information Centre (PIC) #1 We will identify the stakeholders as mentioned above. In addition to City and Regional interests, are the private developers and landowners who wish to develop in this area. We will interview these stakeholders on a one by one basis to ascertain their needs and concerns. A public information centre will then be held to which the stakeholders and agencies will be invited as well as the general public. Information in regard to the problem/opportunity identification will be discussed and following the PIC, we will be able to take into account additional information obtained from the stakeholders and the public to finalize the problem identification. 6.2 PHASE II - ALTERNATIVE SOLUTIONS 6.2.1 Topographic Information and an Environmental Inventory It will be important at the outset to review and confirm topographic information provided by City staff and which will be augmented where necessary by field ~urvey. An environmental inventory will be compiled P R O P O S A L ASSOCIATED ~J~ S ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment dealing with the social environment, archaeological environment, the natural environment including flora and fauna and economics as' expressed by capital, operating costs and life cycle costs. Geotechnical investigation terms of reference will be prepared. We will receive quotations and recommend the retention of a qualified consultant by the City of Niagara Falls. The investigation is required to determine the soil and ground water conditions along the route of the major sewers and forcemains as well as the two potential pumping station sites. Engineering design parameters are needed for the various aspects of the work that will be required. Boreholes will be required at the pumping station sites. Soil samples will be obtained at 0.76-meter intervals using conventional split spoon-sampling equipment. Piezometers will be installed in the boreholes to assess the ground water conditions. Chemical analysis should be carded out on soil samples to identify potential constraints with respect to disposal of excess excavated material as well as soil corrosivity analyses to determine pH, resistivity, chloride, sulphate and sulphide contents. 6.2.2 Development of Alternatives Sanitary servicing alternatives will be identified which address the study objectives identified in Phase I. Alternatives may include a wide range of planning possibilities however; only reasonable alternatives will be carded forward. Two pumping stations, one at Kalar and Brown Roads and one on Chippewa Creek Road have been identified at this time. Alternatives will be considered including the possibility of one pumping station at Chippewa Creek Road west of Kalar instead of two. Flows from the Grassey Brook Sanitary Service Area the Montrose Road area and lands to the north and west will be determined. Following this part of the work we will be able to recommend a confirmed status of Schedule "B" or Schedule "C". It is felt that it will likely be a Schedule "C" and in any event the preliminary work associated with PROPOSAL ASSOCIATED ENGINEERING CiTY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment Phases Iii and IV need to be done for the benefit of the project. Design parameters and equivalent populations will be determined. 6.2.3 Environmental Impact Statement The following general factors need to be considered: · Social Environment Assessment · Natural Environment Assessment Technical Assessment · Economic Assessment Based on the Environmental Inventory, the Project Team will assess the potential impacts of each sanitary servicing alternative. 6.2.4 Social Environment Each alternative shall be reviewed to determine compatibility with existing and proposed land use. Property impacts will be determined and temporary impacts during construction will be considered. Existing utilities and associated relocation costs will be examined where appropriate. 6.2.5 Archaeology We do not anticipate that archaeological resources will be significantly affected for the proposed forcemains or sewers since these will be mostly constructed on an existing road right-of-ways. The pumping stations sites may require examination however, we will check with the Ministry of Culture to determine whether or not either or both of the sites can be proved without a study. In the event that a study is required we will arrange for terms of reference to be prepared for the appointment of a archaeological survey firm to be employed by the City of Niagara Falls. PROPOSAL ASSOCIATED ~L~ 10 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment 6.2.6 Natural Environment An inventory of existing plants animals and birds in the area will be determined a general assessment of potential impacts to these issues will be reported. Medication measures will be recommended associated with each alternative including possible landscape planting. 6.2.7 Technical Each alternative will be assessed based on technical merit. Alternatives meeting minimum Provincial and Municipal Standards will be proposed : and certain designs may be identified which prove to be simpler or more cost effective to construct or maintain. 6.2.11 Economics Capital and operating costs will be identified for different alternatives. Life cycle costing will be employed to evaluate the most effective alternative from an economic point of view. 6.2.9 Meetings with City Staff and Stakeholders Meetings 3 and 4 sho~ on thc proposed schedule will he ca[Tied out to consider thc information obtained to this point. Input will bc solicited from these groups in order that a preliminary Environment Statement Report (ESR) can be prepared. 6.2.10 Preliminary ESR We propose to prepare a draft of the Class Environment Assessment document utilizing information that has be obtained to this point and comments from City staffand stakeholders group. This will include a · i preliminary property report. Following the meeting with City staff, an ,L updated property report will be prepared. PROPOSAL ASSOCIATED A~ 11 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment 6.2.11 Circulate ESR, Receive Comments and PIC No. 2 By approximately November 22, 2004 we propose to circulate a ntby preliminary ESR for comme mandatory and other agencies. We would receive comments and deal with concerns raised by various agencies or individuals. We would then prepare for and attend P.I.C. # 2 centre No. 2. We would expect this to be complete by the end of December 2004. 6.2.t2 Update ESR . Comments Received as well as Input from the second Public Information Centre will be'used to then update the Class Environmental Document 6.3 PHASE III - RECOMMEND PREFERRED DESIGN - MASTER PLAN 6.3.1 Design Parameters, Alternative Designs, Siting and Environmental Impacts Statement Preliminary designs will be prepared utilizing design parameters and alternative designs. Siting for the various comPonents including the pumping station sites would be finalized and an Environmental Impact Statement prepared. 6.3.2 Prepare Master Plan A master plan showing a recommended servicing scheme will be prepared which will include facility layout and a report on financial implications of the project. 6.3.3 Finalize ESR - Staff Meeting No. 6 A finalized Environmental Statement Report will be submitted to City staff for review and study and at the end of a two~week period. We would propose to meet with City staffto obtain comments on the Preliminary Master Plan and ESR. This would then be circulated to the mandatory and other agencies as well as individuals or entities that have expressed an ASSOCIATED j~L~'~ 12 ENGINEERING CITY OF NIAGARA FALLS Garner / Southwest Sanitary Service Area Review · ' Municipal Glass Environmental Assessment interest and comments will be received. We have allowed a 30-day period for receiving comments. 6.3.4 PIC No. 3 Having received comments from agencies and identified stakeholders we would intend to conduct a public information centre to report on the 'progress to date to the public and obtain any input. The recommended alternative would be identified and explained. We would be in a position to select the preferred alternative. We would then finalize response to agency comments and finalize remediation measures. 6.4 PHASE IV - IDENTIFY PREFERRED DESIGN The preferred design will be identified. The ESR would be completed and a notice of completion of the ESR would be published. All comments received to this point would be incorporated in the ESR or reasons for not accepting them would be explained. The final step in the program would be to formally place notice of completion with the Ministry of the Environment and place the completed Class Environmental Assessment in the public record (EBR). When this has been carded out we would report to Council and the project would be complete. 7 SCHEDULE AND ENGINEERING FEES 7.1 SCHEDULE We have developed a schedule in order that the time frame discussed with staff can be achieved. It is subject to modifigation if required. We believe that we have provided for all of the work that would be required, and have provided adequate time for comments from agencies and individuals. The schedule is shown in Appendix E. PROPOSAL ASSOCIATED Aj~m' 13 ENGINEERING CITY OF NIAGARA FALLS Garner/Southwest Sanitary Service Area Review Municipal Glass Environmental Assessment 7.2 ENGINEERING FEES The proposed fee for this project is shown on the man-hour matrix included in Appendix F. This shows the persons who will be involved in the project management and Phases I; II, III, and IV. Our proposed project budget is $59,960 including expenses plus GST. CONCLUSION ~ conclusion wc wish to thaz~ thc City o£Niaga~a Falls for thc oppommit¥ to submit this proposal and look forward to working with you on this most important and interesting project. We hope that we will be favoured with an appointment to it. ASSOCIATED ~L~ 14 ENGINEERING Community Services Department MW-~004-157 The City of MunicipaIWorks Ed Dujlovic Fallsll~ ~-, 431o Queen Street Director Niagara Cor~-~- '-~-'IBB 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-maih edujlovi@city,niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2004-157 Development Charge Payments Front-end Servicing Agreements RECOMMENDATION: It is recommended that payments from the Development Charges reserve be approved as set out in this report. BACKGROUND: The City's Development Charges By-law was passed by City Council on July 12, 2004 which established the Development Charge rates to be paid by the development community to finance the broad list of growth-related Capital Projects identified in the Background Study (Mayl4th, 2004.). Two of the projects on the list involved "best efforts" arrangements on behalf of the City to recover a developer's costs of constructing municipal infrastructure off-site that provided a direct benefit to other properties. Rather than attempting to administer this cost-recovery effort through a formal "Front-Ending" agreement, the amounts owing were included in the list of growth-related Capital projects in the Development Charges Background Study. This allo~vs the City to relieve itself from these best efforts arrangements by paying back the developer (who has paid for the initial construction) using the Development Charges already collected from other developers. The amount being returned to the front-ending developer is only the remaining share that has been determined to benefit other properties. It should be noted that the current by-law has been appealed by a group representing the Core Tourist developers however it is not expected that any adjustments or revisions to the Development Charge calculation will impact these projects which are used to calculate the residential, non-tourist core Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture. Business Development · Building & By-Law Services October 18, 2004 - 2 - MW-2004-157 Neighbourhoods of St. Davids At its meeting on February 3, 2003, City Council approved report MW-2003-25 which set out final cost sharing calculations for the oversized services constructed by Walker Community Development Corporation. The intent at that time was to finalize a cost-sharing agreement with Mr. Albert Calaguiro Sr. and Eagle Valley Golf Inc. however this has not come to fruition for a number of reasons (OMB Appeal, goodwill etc.). The easiest way to handle this matter from an administrative perspective was to include the calculated share expected to be recovered from other developers in the current Development Charge calculation. These projects are listed in the Development Charges Background Study (May 14, 2004) as: DC-NT-SA6: Neighbourhoods of St. Davids - P.S. and Forcemain, · DC-NT-SA7: Neighbourhoods of St. Davids - Sewer Separation, and · DC-NT-D16: Neighbourhoods of St. Davids - Storm Drainage Oversizing The actual payments total $270,147.42 as set out in the attached spreadsheet. By making this payment to the Walker Community Development Corporation from Development Charges reserves the City will satisfy its previous commitment to recover these front-end costs. Kalar Road Sanitary Sewer - Orchard Grove West Subdivision At its meeting on September 17, 2003, City Council approved report MW-2003-155 which directed staff to meet with benefitting property owners to discuss cost sharing arrangements for a trunk sanitary sewer on Kalar Road. The owners expressed little interest at this time to connect to the sewer but expressed some interest in connecting in the future. The attached plan shows the properties that will potentially benefit from a future sewer connection. Once again, the easiest way to handle this matter from an administrative perspective was to include the calculated share expected to be recovered from other developers in the current Development Charge calculation. This project is listed in the Development Charges Background Study (May 14, 2004) as: DC-NT-SA5: Kalar Road - Lundy's Lane to Beaverdams Road Sanitary Sewer The actual payment totals $93,108.06 as set out on the attached spreadsheet. The developer has verified these calculations and the current Development Charge reserves have sufficient funds to process these payments. Due to the amounts involved this information is being brought to your attention prior to issuance of any payments. Prepared by: _,Respectfully submitted: j G~ '" ~acD /,/ Chief Administrative Officer ~a~nt Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Neighbourhoods of St, Davids - Final Cost Sharing Calculations · Project Component Total Cost Cost Allocation Description of Works ($) Walker's Sham lafrate's Sham Other's Share City's Sham Region's Sham CaJagulro's Share Pumping Station and Forcematn $400,758.70 $183,627.64 $24,366.13 $192,764.93 $0.00 $0.00 $0.00 Storm/Sanitary Sewer Sepamtioh $104,570.28 $47,914.10 $6,357.87 $50,298.30 $0.00' $0.00 $0.00 Storm Sewer $112,927.04 $0.00 $0.00 $0.00 $87,179.68 $25,747.37 $0.00 Streetiighting - St. Paul Ave. $25,410.00 $12,705.00 $12,705.00 $0.00 $0,00 $0.00 $0.00 Streetlighting - CalaguIro Dr. $22,742.19 $18,466.66 $0.00 $0.00 $0.00 $0.00 $4,275.53 Stormwater Management Pond $51,221.55 $24,074.13 $0.00 $27,147.42 $0.00 $0.00 $0.00 Lass:Credit $0.00 $0.00 ..$5r026.20 $0.00 $0.00 $0.00 $0.00 TOTAL ·$717,629.76 $286,787.-~3 $38,402.80 $270,210.66 $87,t79.68 $25,747.37 $4,275.53 Kalar Rd. Sanitary Sewer Project Front End A.qreeement Calculation Property Owner Lot Area % Cost Share 1 Orchard Grove West 18.17 41.57% $87,339.88 2 Orchard Grove West Ext. 4.64 10.62% $22,303.63 3 Aiello Property 1.53 3.50% $7,354.43 Sub-Total $116,997.94 4 Pirillo Property 3.39 7.76% $16,295.11 5 Altieri Property 3.33 7.62% $16,006.70 6 5-0 Taxi 0.56 1.28% $2,691.82 7 Maroney Property 0.20 0.46% $961.36 8 Hodgson (Vacant) 2.62 5.99% $12,593.86 9 Hodgson Steel Property 9.27 21.21 % $44,559.20 TOTAL 43.71 100.00% $210,106.00 NOTE: Proper~y on the not, west comer of Beaverdams/Kalar removed from calculation 527786 Ontario Ltd. is responsible for properties 1,2 and 3 or $t16,997.94 Balance owing from Development Charges Reserve Fund is: KALAR ROAD - SANITARY SEWER PROJECT Proposed Front End Agreement Property Ownership N (~ Orchard Grove West Extension Subdivision A (~) Orchard Grove West Subdivision ~====:~ Sanitary Sewer Line NTS ~) 5599 Kalar Rd - Aiello Property Sanitary Sewer Drainage Area I~) 5499 Kalar Rd ~ Pirillo Property 8310 Beaverdams Rd - Altieri Property 8236 Beaverdams Rd - 5-0 Taxi Property 8226 Beaverdams Rd - Maroney Property 5580 Kalar Rd - Hodgson (Vacant) Community Services Department MW-2004-160 Municipal Works 4310 Queen Street Director The City of Ed Dujlovic, P . Eng. Niogoro FollsyJ~,~l~ P,O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca ~-r Tel: (905) 356-7521 Fax: {905) 356-2354 E-maik munwks@city.niagarafalls,on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2004-160 Tender//26-2004 New Equipment Purchase of Trackless Vehicle RECOMMENDATION It is recommended that the New Equipment Tender for the purchase of One (1) 4-Wheel Drive Articulated Rubber Tire Diesel Powered Tractor Complete with Accessories Attachment be awarded to the following bidder: 1. Work Equipment of Courtland, Ontario in the amount of $99,360.00. BACKGROUND Tenders for New Equipment were opened by the Tender Opening Committee on Thursday, October 7, 2004 with the City Clerk in attendance. A summary of bids is attached for Council's information. Staff recommends that the tender from the lowest bidder, Work Equipment, be accepted. Their vehicle meets specifications as outlined in tender documents. Sufficient funds are available in the 2004 budget, Municipal Works Equipment Account//11-3- 374000-080001 Council's approval of the recommendation and infom~ation contained in this report would be appreciated. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws MW-2004-160 - 2 - October 18, 2004  ~ Respectfully submitted by: ~); eSat~o°~C~u°p erintendent tive Officer Recommended by: Ed Dujlovic, P.Eng. Director of Municipal Works /gkf attach. H:\REPORTSX2004hMW-2004-160NEWEQU1PMENTPURCHASE.wpd TENDER #26~2004 - NEW EQUIPMENT PURCHASE TENDER SUMMARY Total Price including All Taxes One (1) 4-Wheel Drive Articulated Rubber Tire Diesel Powered Tractor Company Complete with Accessories Attachment Champion Road Machinery Sales $103,385.00 Brampton, ON Joe Johnson Equipment NO BI/) Barrie, ON Corporate Services Department PD-:~004-95 The City of J lJJlf Planning & Development Doug Darb~'=on =-- ~, 4310 Queen Street Director Niagara Falls P.o, Box t023 Canada ~' Niagara Falls, ON L2E 6X5 ~,~.~ web site: www.city.nisgamfalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafails.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-95, Request for Extension to Draft Plan Approval Ascot Woods Extension 6, File 26T-92003 Owner: Ascot Woods Limited RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. BACKGROUND: 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 criter/a 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 an extension to draft approval of the Ascot Woods Extension 6 Plan of Subdivision (see attached letter and location map). Original draft approval for the plan was received from the Region on September 15, 1994. Previous requests have been gu'anted by Council to extend draft plan approval for the subdivision. In addition, a temporary extension was granted by staffas 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 Resources Information Systems · Legal · Planning & Development October 18, 2004 - 2 - PD-2004-95 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan consists of three blocks of land for residential apartments and a block for commercial use. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The final registration of this subdivision plan is dependent on servicing availability. The Region has no objection to the extension of draft approval for a one-year period. The developer indicates that an offer to purchase the commercial site is pending but the sale would be conditional on a zoning by-taw amendment. Further, the developer advises that there has been no interest in the apartment sites given the current housing market. CONCLUSION: Based on this review, a further one-year extension (until September 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 .Jcs/~-~John MacDonald Planner 2 I~ Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:~PDR~2004~PD2004-95, 26T-92003, Ascot Woods Extension 6.wpd BRIAN SINCLAIR PROFESSIONAL COBPORATION BRIAN N. SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario TEL: (905) 356-7755 FAX: (905) 356-7772 13 September 2004 Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls P.O. Box 1023, 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Sir: Re: Temporary Extension of Draft Plan Approval Ascot Woods Extension 6 Your File No. 26T-92003 Further to your letter of September 8th herein, I would appreciate an extension of draft approval for the above subdivision and enclose herewith cheque of Ascot Woods Ltd. in the amount of $500.00 to cover your review fee. I would state at this time that we have an offer that is pending on our commercial site. It would be conditional upon a zoning amendmen t. We have, unfortunately, not had much interest in our apartment sites notwithstanding that we have written to a number of builders that may be interested. However, in view of the iow interest rates and high cost of building, people, unfortunately, are not interested in building apartments. We will continue our endeavours to market same and we may be successful if we do in fact sell our commercial site. RECEIVED SEP I 6 20t PLANNING & DEYELOPME?.~,~T The widening of Montrose Road is certainly helpful and, apparently, street lights will be put in on Preakness. Yours faithfully BRIAN SINCLAIR PROFESSIONAL CORPORATION Brian N. Sinclair, Q.C. BNS/ab Enclosure c.c. Mr. Corwin Cambray, Regional Planning Enclosed please find cheque of Ascot Woods Ltdl in the amount of $350.00 to cover the Region!s fee herein. Draft Plan of Subdivision Ascot Woods Extension 6 26T-92003 LOCATION M~P Subject Lands 1: NTS K:\GIS_Requestsk2003\Schedules\Subdiv/sions\ascot6knapph~g.apr September 2003 Community Services Department R-20E:~4-66 The City of Parks, Recreation & Culture Adele Ken . 4310 Queen Street Niagara Falls ~' J-, 4 Director A ; ~J~.P.O. Box 1023 L'an~,~l~Niagara Falls, ON L2E 6X5 ,~I~F'- I-" web site: www.city.niagarafalls.on.ca Tel.: (905) 3§6-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca October 18, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2004-66 - Preakness Park Vandalism RECOMMENDATION: To Members of City Council for information BACKGROUND: Concerns about Preakness Park were raised by Alderman Carolyn Ioannoni and Staff was directed to investigate and report back to Council on the condition of the playground equipment and the vandalism that is occurring within the park. This seven (7) acre park (see attached) is located on Preakness Street, west of Montrose Road. An inspection of the playground equipment revealed that the swing bracket and chain were damaged. The damage was subsequently repaired. Our maintenance crews visit each park on an approximate nine (9) day rotation or three (3) times per month. For this reason, Staff encourages members of the public to contact us immediately if they notice any unsafe conditions within our parks. Staff will respond that same day to any unsafe situation. Following the complaint, Preakness Park was placed on the nightly monitoring rotation by our security company. Our Shift Supervisors were also directed to visit the park whenever possible during the evening and early morning hours. Since this time, we only received one (1) complaint concerning broken glass and it was cleaned up by a member of the public. Vandalism and youth parties have been a recurrent and frustrating problem for our park neighbours and Staff. In past reports, this very problem was shared with Members of Council, and as a result, Staff was directed to retain a security company. The patrols have been ongoing for the past three (3) summer seasons and each year the service has been marginally expanded. In June of this year, Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services October 18, 2004 - 2 - R-2004-66 a meeting was hosted, chaired by our Mayor and attended by Alderman Jim Diodati, members of Staff and the Niagara Regional Police. The purpose of the meeting was to discuss these recurrent problems and attempt to find a solution. Unfortunately, the Police advised that due to their workload and other competing priorities, they could not always respond to park problems. The Police recommended that we continue to contract with a private security company to deal with these issues. With our current resources, it is impossible to provide full security for all our parks and recreation facilities. An information and evaluation report on the service provided by the security company this past season will be prepared for Council later this Fall. The report will also contain a recommendation for the 2005 season. Recommended by: Respectfully submitted: Adele Kon _.~'/~-John MacDonald Director of Parks, Recreation & Culture II)t( Chief Administrative Officer AK/das Attachment S:\Council\Counci12004~R-2004-66 Preakness Park Vanalism.wpd I Kev Plan I STREET I I I I I * ~ I I .... Property Boundary I I I [ I I, I I .... Underground Utilities r I I I I Itl I I Exisiting Deciduous Tree ..... k ~ k -- -L -- . ~ Existing Coniferous Trees [] CB Catch Basin \ I , Fence 4~ \ *~ ~ Drainage Pattern ~ I Utili~ Bo~ole 4~ ~ (4132) Street Address G Garbage Bin ~ ~ Bleachers S.L. Scoop & Leash ~ N.B. No Ball Playing ~ r N.G. No Golf N SCALE ~/~ ~ Ci~ ofNi~g~r~ F~lls ~ / ~ Communi~ Semites ~ / ~ / Par~ Recreation & Culture ~/ ~ / ~ ~ DrawnBy: / / ~ /P~k F~amr~: Date: / ~/~ . . / / / 4a /~? ~ B. Cr=aUw Play~und Revisions: SG 'C. Semng ~ Date: August 200~ E. Tobo~ ~ll g. Uns~ctu~ So~l Prea~s Park G. N~on L ~ph~t P~way P0203 J. W~ F~dng