Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2005/06/27
COUNCIL MEETING Monday, June 27, 2005 Order of Business and Agenda Package PRAYER: Alderman Jim Diodati COUNCIL MEETING June 27, 2005 ADOPTION OF MINUTES: Council Minutes of June 13, 2005 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS /DEPUTATIONS Athletic Achievements in Various Sports Awards Gloria Sorley's Curling Team Acting Mayor Vince Kerrio will present plaques to honour the curling team of Gloria Sorley, Jackie Lococo, Lynne Coull and Marg Newton, on their recent win of the National Masters Women's Championship. The Niagara Falls Red Raiders Midget Boys Basketball Team Acting Mayor Vince Kerrio will present plaques to the Niagara Falls Red Raiders Midget Boys Basketball team members on their recent Midget (Under 14) Boys Basketball Provincial Championship. Justin Boutilier Jake Viorvanti Cody Rempel Robb Caporicci Sean Haldorson Giananthony Rizzo Jason Diston Filip Hrga Peter Todd Also in attendance will be Coach Ken Todd and Assistant Coach, Guy Caporicci. -r- Niagara Falls Red Raiders Major Midget Boys Basketball Team Acting Mayor Vince Kerrio will present plaques to the Niagara Falls Red Raiders Major Midget Boys Basketball team on their recent Major Midget Boys (Under 16) Basketball Provincial Championship win in Windsor, Ontario: Adam Bowman Michael Gartner Jordan Mann Bryce Miller In attendance will be Coach lan Logmuir; Assistant Coaches Ryan Bell and Gerry Stickland and Manager Michele Gartner. Saint Paul Patriots Senior Boys Soccer Team Acting Mayor Vince Kerrio will present plaques to the Saint Paul Patriots Senior Boys Soccer team members on their recent win of the AAA Ontario Federation of School Athletic Associations soccer title in London, Ontario: Nick Alfano Steve Bortolon David Canavan Greg Chevalier Joe Delvecchio Matt Fabiano Steve Pietrangelo 2 Nick Flynn Josip Hrga Kyle McKay Anthony Galante Juliano Leone Brandon Maglicic Tino Notariani Anthony Paladino Daniel Pelaez Vince Zitano Also in attendance will be Coaches Steve Abbruscato and Anthony Tropea and Principal Mario Cicarelli. Saint Paul Patriots Mixed Doubles Tennis Team Jesse Fraser Ian MacKinnon Mike McKean Giancarlo Rapanaro Phil Riley Joe Scaringi Victor Stranges Vince Stranges Mike Vitaterna Acting Mayor Vince Kerrio will present plaques to the Mixed Doubles Tennis Team of Leslie Bordenave and Franco Aguilar on their recent win of the Ontario Federation of School Athletic Associations Championship in London, Ontario. Saint Paul Patriots Junior Women's Doubles Rowing Team Acting Mayor Vince Kerrio will present plaques to The Saint Paul Patriots Women's Doubles Rowing team of Patricia Arcuri and Kailee Brusdelins on their recent win of a Gold Medal at the Canadian Secondary Schools Rowing Association Championship event. Westlane Robotics Team Acting Mayor Vince Kerrio will present plaques to the Westlane Robotics student team members of Tommy Nguyen, Chris Vyse and Khalid Abdelbagi Rob Tyrer, Brian Moretti Bryan Hui, Lauren Howes, Carrie Anger, Evelyn Palleschi and Andy Ewin Chris Sturrock and Sagar Vyas Aaron Malier, Jessie Palleschi Special Mention to the following students for their assistance: Sheldon Malier, Shane Robertson, Dan McLeod, Adrian Marceau and Bryan Beaupit Gasoline Prices in Niagara Falls Ms. Faith Goodman, Canadian Petro Producers Institute will provide an overall review and introduce Head Office representatives from the various gasoline companies, who will address Council's concerns regarding gas prices in Niagara Falls. Fair Share Committee E -mail from Alderman Jim Diodati; 3 DEPUTATIONS Mr. Joe Talarico, Fair Share Committee, wishes to address Council in anticipation of their forthcoming meeting with Mr. Duncan Brown, CEO of the Ontario Lottery Gaming Corporation. UNFINISHED BUSINESS Westlane Grade 12 -AND- Correspondence from Walker Community Development Corporation; A.N. Myer Grade 12 Westlane Grade 11 Westlane Grade 10 Westlane Grade 9 PD- 2005 -47 Reconsideration of Decision, Block 49, Neighbourhoods of St. David's Draft Plan of Subdivision, 26T -11- 2005 -02, Owner: Walker Community Development Corporation. .T 'T' 4 Correspondence from Walker Community Development Corporation. Report PD- 2005 -27 Draft Plan of Subdivision; Block 49, Neighbourhoods of St. David's; Pinestone Road /St. Paul Avenue /Mountain Road; Owner: Walker Community Development Corporation. (Council meeting of May 2, 2005) ITEM NO. 28 ITEM NO. 29 ITEM NO. 30 PLANNING MATTERS Public Meeting AM- 48/2004, Zoning By -law Amendment Application 4967 -4978 Clifton Hill Applicant: Scott Payton Agent: Victor Tarnoy Proposed Amusement Rides /Devices Background Material Recommendation Report: PD- 2005 -44 Public Meeting AM- 16/2005, 4742 Zimmerman Avenue Applicant: Simon Bouie Agent: Brian Sinclair Recognize Existing Four -Unit Dwelling on the Property Background Material Recommendation Report: PD- 2005 -45 -AND Correspondence from Tony ane Anna D'Amico Public Meeting Chippawa West Phase!! Draft Plan of Subdivision Proposed Modifications New Draft Plan Application Files: 26T -94009 (Revised) 26T -11- 2005 -01 Sodom Roadllick Road /Lyon's Parkway Owner: Queensway Chippawa Properties Inc. 5 Background Material Recommendation Report: PD- 2005 -46 -AND Correspondence from Bell Canada Correspondence from District School Board of Niagara Correspondence from Don and Carol Ede Correspondence from Greg Chisholm MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. St. John Ambulance Saint -Jean Re: Water Patrol Vessel proposing that St. John Ambulance pay the balance of their Capital Campaign funds, $20,000.00 to the City to be held, in trust, towards the future replacement of the water patrol vessel and that the monies, in addition to the $2,500 placed in a contingency account with the City, on an annual basis, will result in sufficient monies being on hand for the future replacement of the vessel in 12 to 15 years. RECOMMENDATION: For the consideration of Council. 2. Rev. Dr. Ken Smith Re: Clearing of Sidewalks on Addison Avenue expressing the view that since he will be paying an extra $135.96 a year in increased taxes, that better services, such as snowplowing sidewalks on Addision Avenue be provided to residents in that area. RECOMMENDATION: Refer to staff for consideration in the 2006 budget. 3. (HANDOUT) Fort Erie Racetrack Re: Application for a Teletheatre an application is being made through the Ontario Racing Commission for a licence to operate a second teletheatre in Niagara Falls at Casino Niagara and advises that in order to obtain approval, the Council of the host municipality must sign off on the request -AND Inter- Departmental Memorandum from the City Clerk. RECOMMENDATION: For the consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -6 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Alderman Selina Volpatti, Chair) PARKS, RECREATION CULTURE MATTERS 1. Chief Administrative Officer (HANDOUT) R-2005-34, Furniture Tender for MacBain Community Centre. Please note that the report will be a handout due to the tender closing date. 2. Chief Administrative Officer 3. Chief Administrative Officer BY -LAWS R- 2005 -35, Canada Day 2005. (HANDOUT) R- 2005 -36, Patrick Cummings Memorial Sports Complex Phase IIA, Landscape Development, Tender TRS -2005. 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. MW- 2005 -78, Retention of Consultant for High Rate Treatment Pilot; MW- 2005 -84, Contract 2005 -03, Phase 1, 2005 Asphalt Overlay Program; MW- 2005 -90, Grand Boulevard Advanced Visualization Project Contractual Arrangements The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -108 To amend By -law No. 79 -200, to permit an indoor recreation facility on the property. (Re: AM- 07/2005, NSM Fabricating Ltd.) 7 2005 -109 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. 2005 -110 To establish Block 146 on Registered Plan 59M -90 as a public highway, to be known as and to form part of Galaxy Drive. 2005 -111 (HANDOUT) To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs, Yield Signs) 2005 -112 (HANDOUT) By -law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster- resilient community. 2005 -113 (HANDOUT) To establish Block 116 on Registered Plan 59M -324 as a public highway, to be known as and to form part of Joseph Court. 205 -114 To adopt, ratify and confirm the actions of City Council at the meeting held on the 27 day of June, 2005. NEW BUSINESS Niagara Cara Falls Niagara Falls Canad� Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: 1) the draft plan approval previously granted by Council be changed to include the additional condition detailed in this report regarding notice of rear yard access restrictions; and 2) Council pass a motion that the change to conditions is minor and further written notice is not required in accordance with subsection 51(47) of the Planning Act. BACKGROUND: Prior Council Approval Council adopted report PD- 2005 -37 on May 30, 2005 to grant draft plan approval to the Block 49, Neighbourhoods of St. David's plan of subdivision. The proposal is to subdivide a 2.68 hectare (6.62 acre) block of land within the Neighbourhoods of St. David's registered plan of subdivision into three further blocks for the construction of 26 on- street (freehold) townhouse units. The existing site specific zoning would permit the proposed development. The property is located on the south side of Pinestone Road, west side of St. Paul Avenue and north side of Mountain Road as shown on Schedule 1. The subdivision layout is illustrated on Schedule 2. The original conditions of approval are listed in the attached Appendix. The required public notice of Council's decision to grant draft approval was circulated on June 1, 2005 with the final day for appeal being June 21, 2005. (At the time of preparation of this report, no appeals had been received). Reconsideration Procedure Corporate Services Department PD- 2005 -47 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca June 27, 2005 Re: PD- 2005 -47, Reconsideration of Decision Block 49, Neighbourhoods of St. David's Draft Plan of Subdivision 26T -11- 2005 -02 Owner: Walker Community Development Corporation Council passed a motion on June 13, 2005 to reconsider its decision to approve the subdivision respecting the issue of rear yard access at tonight's meeting. The Planning Act provides that Council may withdraw the approval of a plan of subdivision or change the conditions of such approval at any time before the approval of the final plan of subdivision (registration). This process does not require a public meeting. Staff notified the applicant and area resident (Mr. Ron Planche) who raised the access concerns that Council would be reconsidering the plan. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 27, 2005 2 PD- 2005 -47 Planning Review The matter of access to the rear yards of interior townhouse units for maintenance was considered in the initial staff report for the subdivision. Due to the architectural design of the 12 interior units, there is no access to the rear yard through a garage. The developer has indicated that the suggestion to establish easements or rights -of -way over the land of the end units to the rear yards of interior units was not desired. Informal arrangements typically exist between neighbours in this subdivision for access and maintenance of the rear yard areas. The applicant stated that some prospective purchasers have expressed concerns with respect to privacy and security if a right -of -way was created over properties. The developer has offered to formally advise prospective purchasers of the rear yard access restrictions in the development. Staff recommend the following additional condition of draft plan approval: "The developer submit a legal undertaking to the City agreeing to include a clause in all agreements of purchase and sale advising of the rear yard access restrictions for the internal on- street townhouse units, and a similar clause be included in the subdivision agreement registered on title." If Council desires the private easement/right -of -way approach, staff believe these would have to be established through a future approval process to create the individual properties for each unit. Council approval is required after registration of the plan and construction of the dwellings to create lot lines between the units (Removal of Part Lot Control). At that time, by means of consent applications to the City's Committee of Adjustment, access rights over abutting properties could legally be put in place. Staff is of the opinion that the only method to create the easements /rights -of -way for access at the subdivision stage would be to grant easements to the municipality and then possibly confer these rights to future property owners Enforcement of the access rights would be the City's responsibility. CONCLUSION: Council can modify the draft plan approval previously granted to this subdivision. The recommended additional condition for notice of restricted rear yard access is appropriate. Further approvals to create separate properties for the individual units are necessary at which time various easements /rights -of -way could be established. The developer and Mr. Planche may wish to address Council on this matter. Prepared by: Richard Wilson Planner 2 Recommended by: RW:gd Attach. S:\PDR\2005\PD2005 -47, 26T -11- 2005 -02 (St. David's Reconsider Decision).wpd Approved by: M*ito Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Doug Darbyson Director of Planning Development Chief Administrative Officer 71 Proposed Plan of Subdivision Block 49, Neighbourhoods of St. David's 26T -11- 2005 -02 Subject Land K:\GIS_ Requests\ 2005\ Schedules\Subdivisionalock49_st_ davids\mapping.apr 4 SCHEDULE 1 Location Map Eagle Valley Golf Course s 1: NTS April 2005 SCHEDULE 2 May 30,2005 -4- APPENDIX Conditions for Draft Plan Approval PD- 2005 -37 1. Approval applies to the Block 49, Neighbourhoods of St. David's Draft Plan of Subdivision prepared by BLS Planning Associates, dated February 15, 2005, showing 3 blocks of land for 26 on- street townhouse units. Final plans for registration may indicate the further division of the blocks corresponding to the proposed groupings of townhouse dwellings. 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. 4. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) construction of 8.0 metre wide pavement on the straight roadway section with a 14.7 metre wide pavement radius (15.0 metre radius including curb /gutter) on the cul -de- sac bulb; b) provision of a 17.0 metre right -of -way on the straight section of the roadway; c) dedication of the road allowance and appropriate daylighting triangles to the City as public highway and the street named to the City's satisfaction; d) provision of water distribution, sanitary sewer and storm sewer systems including a major and minor storm sewer design concept; e) provision of an overland stormwater flow route; f) connection of all weeping tile flow to the storm sewer via sump pumps; and g) application of the City's Lot Grading and Drainage Policy. 5. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 6. The developer grant the City and Public Utilities any easements required to service the subdivision. 7. The developer enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the developer shall advise the municipality of the agreement made for such servicing. Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are situated and one or more conduits from the room(s) in which the telecommunication facilities are located to the street line. 8. The developer agree to parking restrictions on one side of the roadway and on the cul -de -sac bulb and also submit servicing plans indicating the placement of no parking signs to the satisfaction of Fire Services. May 30, 2005 5 PD- 2005 -37 9. The developer provide boulevard trees in accordance with City policy. 10. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to Planning Development confirming that all blocks comply with the Zoning By -law. 11. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 12. Prior to final approval, the developer submit to the Regional Public Works Department for review and approval, an updated traffic impact study to determine the need for any improvements to St. Paul Avenue and the St. Paul Avenue/Pinestone Road intersection. Further, that if the study recommends improvements, the developer enter into an agreement with the Region regarding the payment of costs for such improvements. 13. Prior to final approval, the developer submit to the Regional Public Works Department for review and approval, a noise impact study to evaluate the noise levels from traffic on the Regional roads and to determine the need for noise mitigation measures. Further, that the developer agree in the subdivision agreement to implement the recommendations ofthe noise study. 14. The developer agree in the subdivision agreement to install chains and bollards at the eastern end of the cul -de -sac bulb behind (west of) the 0.3 metre reserve to control access to St. Paul Avenue. (Only emergency access will be allowed.) 15. The developer agree in the subdivision agreement to obtain the appropriate Regional permits from the Regional Public Works Department prior to any construction within the Regional road allowance. 16. The developer agree in the subdivision agreement to submit to the Regional Public Works Department for its review, a lot grading plan and a site plan showing visual impacts for the area that includes those lots abutting the Regional road allowances and the cul -de -sac bulb. 17. The detailed design drawings and supporting calculations for the watermain system, the sanitary sewer and the stormwater drainage system required to service this proposal be submitted to the Regional Public Works Department for its review and approval. 18. The Ministry of the Environment Certificates of Approval be obtained for the necessary servicing (water, sanitary sewers and stormwater drainage) for the development prior to final approval for registration. 19. The developer agree in the subdivision agreement to construct the cul -de -sac bulb with a minimum pavement radius of 12.8 metres. 20. The developer agree in the subdivision agreement to implement the recommendations ofthe original noise impact study for Block 49 with respect to warning clauses being registered on title and being included in offers of purchase and sale and the provision of air conditioning. 21. The subdivision agreement include a clause regarding the discovery of human or deeply buried archaeological remains. May 30, 2005 6 PD- 2005 -37 22. The developer mitigate the slope hazard on Blocks B and C to the satisfaction of the Niagara Peninsula Conservation Authority. This may involve completion of a geotechnical study to determine slope stability and/or approved engineered means to stabilize the slope. 23. The subdivision agreement contain appropriate wording and clauses to implement the slope stability mitigation measures required in Condition 14. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Bell Canada for Condition 7 Regional Niagara Public Works Department for Conditions 12, 13, 14, 15,16,17,18 and 19 Regional Niagara Planning and Development Department for Conditions 20 and 21 Niagara Peninsula Conservation Authority for Conditions 22 and 23 0U/03/2005 15:23 FAA Mr. Rick Wilson Planning and Development Department City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Wilson: BLOCK 49 NEIGHBOURHOODS OF ST. DAVID'S REAR YARD ACCESS WALKER COMMUNITY r "r 1i h 1T 1 DEVELOPMENT CORPORATION VIA FACSIMILE: (905) 356 -2354 June 3, 2005 Further to your email of Thursday, June 2 and your subsequent conversation with Mr. G. Barker of BLS Planning I would like to take the opportunity to respond. Rear yard access for maintenance has not been a major issue in the sale and resale of units in the Neighbourhoods of St. David's. In fact, since the development of the subdivision some 6 years ago only one property has raised the absence of formalized access as an issue. Rear yard access is provided between property owners on an informal basis. As a matter of practice, prospective purchasers are advised of the rear yard access restriction. Obviously, this restriction has not been an issue, excepting one. When the issue of rear yard access was raised, and the need for same to be secured by easement, this was broached with prospective purchasers at which time purchasers expressed concem with respect to privacy and security due to the formalized right-of- way and the inability to control who accesses the easement. If the concem of the Municipality is one of proper notification and ensuring that recourse does not occur at a subsequent date back to the City then we are prepared to: D Include in all applicable agreements of purchase and sale a clause advising of the rear yard access restriction; and Include in the subdivision agreement a similar clause advising of the rear yard access restriction. P.O. BOX 100, THOROLD, ONTARIO, CANADA L2V 3Y8 TEL. 905- 227 -4142 FAX 905 -680 -1916 WEB http: /www.stdavid.com ti! Ma 11 1r walker industries Planning a jilt Fie. $�l RECEIVED JUN ,O 3 2005 PLANNING DEVELOPMENT �ty UUZ /UUJ VV /VO /L VOL) 1V LO C CIS Block 49 Neighbourhoods of SL David's Rear Yard Access I am of the opinion that this responds to the concerns of Alderman Jim Diodati. Should you require further information or assistance in this regard please advise Yours truly, WALKER COMMUNITY DEVELOPMENT CORPORATION Cary Clark, P. Eng. Manager of Development CCIs ElRopertiesWWCDCWSDWhxk 491RWifson06- 03-05.doc Page 2of2 Dean lorfida Re: Nei. hourhoods of St. David's Pa. e 1 From: Jim Diodati To: Dean lorfida Date: 6/2/2005 6:06:18 PM Subject: Re: Neighourhoods of St. David's Thanks! Jim Dean lorfida 6/2/2005 2:03 PM Jim: We are going to send your concerns to Glenn Barker, the consultant, for comment. Thanks Dean Jim Diodati 6/1/2005 9:18 PM Dean /Rick: In this case, I have to agree with Mr. Planche's thoughts. This is a Freehold Townhouse Arrangement, not a condominium. Right -of -ways must be put in place for land locked rear yards before -hand, to avoid some potentially negative situations. It is good planning. It is not just lawn mowers, but raked leaves, landscaping, ladders, ponds etc. Some people have gardeners who will need to access the backyards while the owners are away. Too many potential issues at stake here. Personally, I'm not too concerned with what the marketing people think, as the residents legitimate concerns are my first priority. These easements are a legitimate planning option for the Municipality. If we aren't going to have them, I believe the Municipality should require a covenant being put on title, pointing out (to future owners) that there is no legal access to their back yards, except through the house. What can be done at this point of the game? I need some direction. Thanks, Jim Dean lorfida 6/1/2005 5:07 PM Jim: An excerpt from the report reads as follows: The developer has considered the suggestion to establish future easements/rights-of-way to provide permanent legal access to the rear yards of Interior units over the land of end units in the townhouse dwellings. This approach is not desired by the developer. Rear yard access for maintenance has not been a major issue thus far in the sale of units in the Neighbourhoods of St. David's. The developer indicates that an informal arrangement typically exists between property owners to cut grass, etc. Dean lorfida Re: Nei hourhoods of St. David's Pa. e 2 Prospective purchasers are advised of the rear yard access restriction and are not adverse to the situation. Conversely, some purchasers have expressed concerns with respect to privacy and security if a right -of -way was created. Further, I spoke to Rick Wilson, who wrote the report. Staff brought Ron Planche's concerns to the developer. The developer did a lot of work and research to see what could be done. From a legal point of view, it would be problematic (since the owners are not known at this point in time). Secondly, as indicated above the purchasers, other than Ron P., do not want such easements being forced upon them. As indicated, these arrangements tend to work better when informally arranged by the property owners. Or the condos will hire a maintenance company which makes the issue moot. Finally, the developer consulted with their marketing people who recommended against such easements. Bottom line is that it appears only Ron P. is opposed to the current situation; therefore, I am not sure it makes sense to reconsider the matter. If you have any technical questions, I am sure Rick would be happy to answer. Feel free to call me on any procedural questions. (Finally, as an aside, I did e-mail Ron a copy of the report but understand that he was not available Monday night). Dean CC: Rick Wilson -vr avr /MIA vu SO 00 r(lA June 13, 2005 Mr. Dean Iodide, City Clerk Clerk's Division City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: NEIGHBOURHOOD OF ST. DAVID'S BLOCK 49 It is my understanding that the issue of rear yard access may be raised at tonight's Council Meeting by Alderman Jim Diodati. If indeed this is the case, and before Council addresses same, I would request that I be given the opportunity to speak to the matter. Please advise accordingly. Yours truly, WALKER COMMUNITY DEVELOPMENT CORPORATION Cary (l aetc, P.Eng. Manager of Development cc: Rick Wilson WALKER COMMUNITY DEVELOPMENT CORPORATION P.O. BOX 100, THOROLD, ONTARIO, CANADA L2V 3Y6 TEL. 905 -227 -4142 FAX 9 05480 -1916 WEB http: /www.stdavid.com M 1! ^►t 1 r is y walker industries a 002/002 The City of Niagara Fall Can a Members: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falb, ON L2E 6X5 web alto: www.city.nlegarafalb.on.ca Tel.: (905) 356 7521 Fax: (905) 358 -2354 E- mail: planning @elly.niagarafalls.on.ca His Worship Mayor Tad Saki and Members of the Municipal Council City of Niagara Falls, Ontario May 2, 2005 Re: PD- 2005 -27, Public Meeting Draft Plan of Subdivision Block 49, Neighoouhoods of St. David's File: 26T -11- 2005-02 Pinestone Road/St. Paul Avenue/Mountain Road Owner: Walker Community Development Corporation RECOMMENDATION: PD- 2005.27 Doougg Darbyson Director I The recommendation(s) contained in this report were adopted as amended by City Council It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Block 49, Neighbourhoods of St. David's Draft•Plan of Subdivision. and further, that the region be requested to provide a tea -hand turn mac on Mountain BACKGROUND: Road for traffic proceeding north. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. There is to be no decision made with respect to approval of the subdivision at tonight's meeting. Proposal The applicant proposes to subdivide a 2.68 hectare (6.62 acre) site within the Neighbourhoods of St. David's registered plan of subdivision into three blocks of land for the construction of 26 on- street townhouse units. The property is located on the south side of Pinestone Road, west side of St. Paul Avenue and north of Mountain Road as shown on Schedule 1. A cul- de-sac roadway is proposed connecting to Pinestone Road with emergency access from St. Paul Avenue. Schedule 2 illustrates the submitted subdivision layout. The City's Official Plan designates the property Residential which permits a variety of housing types. The land is currently zoned a site specific Residential Apartment 5A Density (R5A) category by Zoning By -law No. 79 -200. The existing zoning would permit the proposed on- street townhouse development. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 2, 2005 2 PD- 2005 -27 Preliminary Review The existing Neighbourhoods of St. David's subdivision provides a compatible mix of lot sizes for single detached homes and also on- street townhouse dwellings. The development of Block 49 is a continuation of this adult lifestyle community with additional on- street townhouses in response to market demand. Standard requirements for the subdivision are anticipated. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Richard Wilson Planner 2 Recommended by: Approved by: RW:gd Attach. Doug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services Respectfully submitted: S:TDR\2005\PD2005 -27. Block49, Neighbourhoods of St. David's Draft Plan of Subdivision .wpd hn MacDonald Chief Administrative Officer Proposed Plan of Subdivision Block 49, Neighbourhoods of St. David's 26T -11- 2005 -02 Subject Land lOGIS_ RequestA2005 9cbeduleaVSubdivisiau \block09 at devidAmapping.apr SCHEDULE 1 Location Map Eagle Valley Golf Course W +E I: NTS April 2005 SCHEDULE 2 The City of Niagara Fall Cana 01 His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department PD- 2005 -44 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: plan ning @city.niagarafalls.on.ca June 27, 2005 Re: PD- 2005 -44, Zoning By -law Amendment Application AM- 48/2004, 4967 4978 Clifton Hill Property Owner: 637496 Ontario Inc. Applicant: Scott Payton Agent: Victor Tarnoy Proposed Amusement Rides/Devices RECOMMENDATION: It is recommended that Council: 1) receive and file this report for information purposes; 2) approve the Zoning By -law amendment application to permit the requested amusement rides /devices on a temporary basis, not exceeding three years, as discussed in the attached report PD- 2005 -30; and 3) direct staff to report back on the licensing and control of specific location daily sales as discussed in this report, and direct staff not to issue any licences for such business until Council has reviewed the applicable licensing procedures. BACKGROUND: Proposal Scott Payton has submitted an application to amend to the Zoning By -law for a parcel of land known as 4967 -4975 Clifton Hill, as shown on Schedule 1. The applicant proposes to erect three amusement rides /devices on the property along Oneida Lane. Refer to Schedule 2 for the details of the development. The land is currently zoned Tourist Commercial (TC). The TC zoning is requested to be an amended site specifically to add amusement rides /devices to the list of uses permitted on the land. The applicant has requested these portable, seasonal rides be permitted for a period not exceeding three years. The three rides /devices currently shown on the drawing are a rock climbing wall, an inflatable Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 27, 2005 Planning Analysis 2 PD- 2005 -44 slide and a "hi- striker" amusement device. The land is owned by 637496 Ontario Inc. (Ian Paul) who leases the land and the building thereon to other operators, including the applicant (Scott Payton) and Classic Foods (Mr. Zehid Khalid and Fauzia Bano). Council considered and deferred this application at its May 16, 2005 meeting. Mr. Khalid of Classic Foods spoke at this meeting indicating that he had concerns that these rides had existed for several years contrary to the Zoning By -law and that other temporary vendors had set up on the subject lands. Mr. Khalid indicated that he had tried to seek approval for similar amusements on his lands and was not allowed to proceed. This report is in response to Council's request for information on Mr. Khalid's concerns and additional background on the history of this property's use. Attached as Appendices 1 and 2 are the previous staff report (PD- 2005 -30) and the Council minutes on this matter. The attached staff report PD-2005 -30 summarizes the Planning rationale for supporting the requested zoning amendment. When evaluating Zoning By -law amendment applications, the primary focus of Planning staff is to report on the conformity of the use to the Official Plan, the appropriateness of the use and its compatibility with surrounding land uses and measures to regulate the requested use(s). The proposed amendment complies with all applicable Official Plan policies and is compatible with surrounding uses. Requested Rides /Amusements During the public meeting, Mr. Khalid and Mr. Tarnoy (agent for the applicant) informed Council that these seasonal attractions had been in existence on the site for several years. Planning staff became aware of these portable attractions in 2004. Correspondence was sent to the applicant in June 2004, advising of the non compliance. In July 2004, the applicant was given until the end of September 2004 (considered by staff to be an appropriate period of time to achieve compliance) to remove the rides or to seek an amendment to the Zoning By -law. Inspections by Planning staff in early October 2004 and early May 2005 confirmed the attractions were not in operation at those times. This item was scheduled for a hearing shortly after a complete application was received. Although Planning staff did not formally become aware of the uses until 2004, a licence was granted for the erection of the rock climbing wall in 2000. As confirmed by the City Clerk (refer to Appendix 3), there was no formal zoning compliance confirmation procedure at the time. The current City Clerk and Licensing Clerk have instituted changes to ensure zoning compliance is reviewed. Other Complaints about the Subject lands Mr. Khalid raised concerns about illegal vending activities occurring on and around this property. Currently, one licence renewal has been granted that allows seasonal, outdoor sales of small items such as sunglasses. All sales are to be fully contained on the subject lands. In 2003 and 2004, there was a total of eight complaints attended to about seasonal vending activities on the property. Seven of these complaints dealt with the retailing of goods, while the eighth complaint dealt with a tattoo artist. These operations were contrary to City regulations, including operating without a business licence and encroaching onto Municipal sidewalks. In all cases, the operations ceased upon inspection by a By -law Enforcement Officer. June 27, 2005 3 PD- 2005 -44 It should be noted that of the six complaints investigated in 2004, three pertained to Classic Foods (Mr. Khalid) and three were directed to Scott Payton (the applicant). Proposed Uses by Mr. Khalid Mr. Khalid also expressed concerns that when he inquired about making an application to erect an amusement device, Planning and Development stated that is was not a permitted use. A review of records indicates Planning and Development did receive an inquiry from Mr. Khalid about erecting an amusement device on the property known as 4725 Bender Street. Attached as Appendix 4 is the response to Mr. Khalid (Fauzia Bano of Classic Foods). This letter clearly outlines the steps Mr. Khalid would need to follow to pursue his request. To date, an application has not been filed. At its May 16, 2005 meeting, Council requested that Mr. Khalid provide documentation to City staff about the application which he indicated he made. To date, this information has not been received by City staff. Licensing By -law Specific Location Daily Sales The City Clerk has provided the following comments with respect to outside vending activities. Under the municipality's licensing by -law, there is a licence called "specific location daily sales." Over the years, this has been the category used to licence tattoo artists, sketch artists and other vendors. In most cases, the licensees have set up tables or other makeshift kiosks that are not necessarily aesthetically pleasing. Many of the vendors applying for these licences are from out of town. Because such operations require virtually no overhead, Niagara Falls has become an attractive place for these transient operations. Although, many of these specific location operations have been licensed, staff suspect that there have been some that have not been licensed. Often, these type of operations set up quickly after business hours on Friday, operate on the weekends and then pack up Sunday afternoon. The Tourist Commercial zone permits retail stores. The by -law defines retail stores as a building in which goods are offered or kept for sale. The Zoning Administrator interprets the by -law to mean that retailing must occur primarily within a building, thus precluding "specific location daily sales licences" if the act of retailing is not also from "within a retail store Staff is of the opinion that the entire specific location licensing scheme should be reviewed. Staff is proposing that current licenses continue until the end of the summer and that no new licences be issued after this date and that staff prepare a review in time for next summer. CONCLUSION: 1. The requested rides /devices comply with the Official Plan policies, compliment the festive native of Clifton Hill and are of a scale consistent with surrounding uses. Based on this, the requested zoning amendment can be supported. 2. A review of the concerns raised about the existence of the requested rides on the property and other uses on the property and responses about seeking approval for similar amusement devices indicates that appropriate procedures were followed. June 27, 2005 3. Due to an increasing number of concerns regarding the operation of outside vendors, specific location daily sales licensing regulations should be reviewed and a report prepared for Council's consideration. Pre Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AB:gr Attach. 4 SAPDR\2005\PD2005 -44, AM -48-04, Payton, 4967 4978 Clifton Hill.wpd Respectfully submitted: vz John MacDonald Chief Administrative Officer PD- 2005 -44 The City of Niagara Fall Canada RECOMMENDATION: Members: APPENDIX "1" Corporate Services Department PD- 2005 -30 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario May 16, 2005 Re: PD- 2005 -30, Zoning By -law Amendment Application AM- 48/2004, 4967 to 4975 Clifton Hill Applicant: Scott Payton Agent: Victor Tarnoy Proposed Amusement Rides/Devices It is recommended that Council approve the requested Zoning By -law amendment application to permit the three requested amusement rides/devices, on a temporarybasis, not exceeding three years. BACKGROUND: Victor Tarnoy has submitted an amendment to the Zoning By -law for a parcel of land known as 4967 -4975 Clifton Hill, as shown on Schedule 1. The applicant proposes to erect three amusement rides /devices on the property along Oneida Lane. Refer to Schedule 2 for the details of the development. The land is currently zoned Tourist Commercial (TC). The TC zoning is requested to be amended site specifically to add amusement rides /devices to the list of permitted uses for the land. The applicant has requested these portable, seasonal rides be permitted for a period not exceeding three years. The three rides /devices currently shown on the drawing are a rock climbing wall, an inflatable slide and a "hi- striker" amusement device. Surrounding Land Uses The property is completely surrounded by tourist commercial uses, including restaurants, attractions, accommodation and parking. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development May 16, 2005 PD- 2005 -30 Circulation Comments Regional Municipality ofNiagara The rides are of a small scale and are consistent with other tourist entertainment attractions along Clifton Hill. Regional Planning staff has no objections. Municipal Works The queuing of persons for the rides may spill over onto the municipal sidewalk, creating unsafe pedestrian congestion. A barrier should be erected along the property line to prevent this encroachment from happening. Fire Services No objections. City Clerk Planning Analysis A business licence is required per the Municipal Business Licence By -law (2001- 31) for the rides /devices. Proof of an insurance policy of not less than $1,000,000 is required. The "hi- striker" device may require a licence from the Ministry of Consumer and Business Services. By -law No. 2001 -31 requires the licensee to maintain and staff at his expense, in good order, queues for the purpose of gaining entrance to the rides /devices. 1. The proposal complies with the intent and purpose of the Official Plan. The lands are designated Tourist Commercial wider the Official Plan and are part of the Clifton Hill subdistrict. This subdistrict is intended to be the commercial- entertainment centre of the tourist area, preserving its festival atmosphere. A wide range of entertainment uses and tourist attractions are permitted and encouraged to have a pedestrian focus at the street level. The rides /devices proposed are small -scale attractions that contribute to the festival atmosphere of Clifton Hill and have a direct relation to pedestrian activity on Oneida Lane Due to the potential intrusive nature amusement rides /devices have, Council has previously elected to consider these uses on a site by site basis and as such has not permitted them as of right in the Zoning By -law. However, the low, small -scale nature of the rides /devices fits in with the existing development and attractions on Clifton Hill and the siting should not adversely impact adjacent properties. May 16, 2005 3 PD- 2005 -30 2. The requested zoning is appropriate. The land is zoned TC. Site specific regulations are requested to be added to permit the three rides /devices. These rides /devices have been requested on a temporary basis not exceeding three years as the owner considers his future plans for the property. Permitting these rides /devices on a temporary basis will allow the rides to be monitored to ensure that no adverse impacts are occurring, prior to any future renewals. The height of the rides fall within the Tourist Commercial zone height limit of 12 metres (39.3 ft.) and are not out of scale with the surrounding area. To assist Municipal Works in providing adequate spacing for a barrier along the Oneida Lane sidewalk, a setback of 1.5 metres from the Land should be implemented in the amending by -law. CONCLUSION: The requested rides/devices comply with Official Plan policies, complement the festive nature of Clifton Hill and are of a scale consistent with surrounding uses and therefore the requested zoning amendment can be supported. Andrew Bryce Planner 2 Recommended by: ,wyr Doug Darbyson Director of Planning Development Approved by: tc- AB:gd Attach. T. Ravenda Executive Director of Corporate Services S:\PDR\2005\PD2005 -3Q AM -48-04, Victor Tamoy, 4967 -4975 Clifton HiIt wpd Respectfully submitted: r oq ohn MacDonald Chief Administrative Officer Subject Lands SCHEDULE 1 LOCATION MAP K G S RcqucASl?004\SchMulesZoningAM AM481mapping.apr Amending Zoning By -law No. 79 -200 Location: 4967 -4975 Clifton Hill Applicant: Victor Tarnoy AM- 48/2004 s 1:NTS April 2005 0. 6 SCHEDULE 2 RAN 1 159R -4317 Mi 3 (a yt m3 ART F _s PMT 3 -r tg APPENDIX "2" -12- May 16 2005 Council Minutes It is in conformity with the Official Plan The applicant has satisfactorily demonstrated an adequate market for the proposed expansion The zoning amendment will increase the total floor area cap and control the size of the Canadian Tire and A &P Supermarket stores Abutting uses will not be adversely affected by the expansions Traffic issues, stormwater management and buffering will be dealt with through the site plan approval process. Recommendation: it is recommended that: Council approved the Zoning By -law amendment application to increase the maximum gross leasable floor area permitted for the subject land to 24,155m2 (280,010ft and decrease the northerly side yard setback to 18m (59') in order to accommodate the proposed expansion; and The amending by law establish a minimum floor cap for the supermarket and the Canadian Tire store. Acting Mayor Alderman Vince Kerrio advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Acting Mayor Alderman Vince Kerrio's request for comments. Mr. John Mestik on behalf of the applicant, advised that he was in agreement with staffs recommendation report and requested Council's support of the recommendation report. Since no further comments were forthcoming, Acting Mayor Alderman Vince Kerrio declared the public meeting with regard to AM- 09/2005 closed. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Pietrangelo declaring a conflict of interest. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that the communications be received and filed. Carried Unanimously. PD- 2005 -30 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 48/2004, 4967 to 4975 Clifton Hill; Applicant: Scott Payton; Agent: Victor Tarnoy; Proposed Amusement Rides /Devices. The report recommends that Council approve the requested Zoning By -law amendment application to permk the three requested amusement rides /devices, on a temporary basis, not exceeding three years. AND Communication No. 1 Regional Niagara, Planning and Development Department The communication advises as having no objection to the adoption of the proposed rezoning The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By law to permit amusement rides for a three year period at 4987 to 4975 Clifton Hill. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The applicant proposes to erect 3 amusement rides/devices on the property along Oneida Lane on a temporary basis (not to exceed 3 years). Planning Analysis: The property is designated Tourist Commercial in the Official Plan. A wide range of entertainment uses and tourist attractions are permitted in the Clifton Hill subdistrict. Amusement rides /devices are permitted on a site specific basis due to their possible Intrusive nature. The low, small scale nature of the proposed rides/devices fits into existing development and attractions on Clifton Hill. The property is zoned Tourist Commercial. Permitting the requested rides /devices on a temporary basis, as proposed, will allow the City to monitor the use to ensure that no adverse impacts are occurring prior to any future renewals. A 1.5m setback from the property line for the attractions would assist in providing adequate spacing for a barrier along the Oneida Lane sidewalk. Conclusion: The requested rides /devices: -13- May 16 2005 Council Minutes comply with Official Plan policies, complement the festive nature of Clifton Hill, are consistent in scale with surrounding uses, and can be supported. Recommendation: It is recommended that: Council approve the requested Zoning By -law amendment application to permit the 3 requested amusement rides /devices on a temporary basis, not exceeding 3 years. Acting Mayor Alderman Vince Kerrio advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Acting MayorAlderman Vince Kerrio's request for comments. -14- May 16 2005 Council Minutes Mr. Zehid Khalid, 4725 Bender Street indicated that he had inquired about making a similar application and was advised that this was not a permitted use on the vacant land. He also questioned the various people selling on Oneida Lane. The Director of Planning and Development informed that these temporary amusement rides were not a permitted use and needed to be applied for site specifically. Mr. Victor Tamoy, on behalf of the applicant provided a brief history of the events that had occurred and indicated that the applicant has submitted a zoning amendment application. Since no further comments were forthcoming, Acting Mayor Alderman Vince Kerrio declared the public meeting with regard to AM- 48/2005 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the report be deferred in order that staff come back with a report on the history of this property and also why It was not included in the original recommendation report. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously PD- 2005 -33 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 12/2005, 6134 /6136 Delaware Street; Applicants: Haroun Sarena Srour; Agent: Matthews, Cameron, Heywood Surveying Ltd., Existing Semi -Detached Dwelling, Lot Size and Building Setbacks. The report recommends that Council approve the Zoning By -law amendment application as detailed in this report to recognize the existing semi detached dwelling, lot size and building setbacks. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to recognize the existing semi detached dwelling at 6134 6136 Delaware Street. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, If applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The applicants propose a site specific Residential Single Family and Two Family (R2) Zone to facilitate the severance of the existing semi detached dwelling and to recognize the use, configuration of the lots and dwelling setbacks. Planning Analysis: The lands have received provisional consent from the City's Committee of Adjustment to create separate deeds for the semi detached dwelling units (File B11 /2005 /NF). The property is designated Residential in the Official Plan. This semi detached dwelling has existed for more than 30 years and is compatible with surrounding development. Clerk's Department Inter Departmental Memorandum To: Andrew Bryce Planner If From: Dean Iorfida City Clerk Ext. 4271 Subject: Comments re: Oneida Lane Andrew: APPENDIX "3" Date: June 9, 2005 The City of Niagara Falls Canad� At the May 16 Council meeting (at which I was absent), the following item was on the Agenda: AM- 48/2004, Zoning By -law Amendment Application 4967 to 4975 Clifton Hill Applicant: Victor Tarnoy Proposed Amusement Rides/Devices The application was a re- zoning to permit three amusement rides: the Cliffhanger rock climbing wall, an inflatable sign and a hammer device. At the meeting there was much discussion on why these rides had already existed and whether they had been licensed. The inflatable slide and hammer device have never received a business licence. Unfortunately, our records indicate that the rock climbing wall has received a business licence since 2000 and has been renewed up to this year. Although from a licensing point of view, the rock climbing wall complies, it has obviously been licensed contrary to the zoning by -law. Not to make excuses, however, the writer and the current Licensing Clerk were not in their positions in 2000 when the rock climbing wall was first licensed. Since I became Clerk, I instituted a process where all potential business licences must receive sign off from Bill Clark (Zoning) first before an application is even accepted. One fmal point: no business licence has been issued this year pending the rezoning; therefore, the rides should not, currently, be operating. Working Together to Serve OUT Community The City F all s of Niagara Fs Canada BY REGISTERED MAIL 1522907 Ontario Inc. o/a Classic Foods Mr. Bano 5274 Ottawa Avenue Niagara Falls ON L2E 4Y8 Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca Dear Mr. Bano: Re: Inflated Slide Bender Hill Although the lands are zoned Tourist Commercial (TC) in accordance to By -law No. 79 -200, as amended, the by -law does not address such amusement devices as permitted uses. In order to erect and operate your proposal an application to appropriately amend the by -law will be necessary. I would suggest that you contact the City's Manager of Current Planning, Mr. Ken Mech ext. 4107 to discuss your application. WC:pb c. Ken Mech Lydia Picoa Bob Judge S:\COMUNITY\QUEEN V IC\CLIFI ON\BenderSt.Slide.wpd June 22, 2004 Yours truly, APPENDIX "4" William Clark Senior Zoning Administrator Ext. 4233 Doug Darbyson Director Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development The City of Niagara Fall Canada Corporate Services Department PD- 2005 -45 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: June 27, 2005 Re: PD- 2005 -45, Zoning By -law Amendment Application AM- 16/2005, 4742 Zimmerman Avenue Applicant: Simon Bouie Agent: Brian Sinclair Recognize Existing Four -Unit Dwelling on the Property 1) Council deny the Zoning By -law amendment application to recognize the existing four (4) unit dwelling on the land; and 2) the applicant be required to remove two (2) of the dwelling units forthwith. BACKGROUND: Proposal Simon Bouie has requested an amendment to the Zoning By -law for a 15.24 metre by 18.29 metre (50 foot by 60 foot), 278 square metre (3,000 square foot) parcel of land known as 4742 Zimmerman Avenue, as shown on Schedule 1. The amendment is requested to recognize a two -unit dwelling that was converted into four dwelling units. The existing development is shown as Schedule 2. The land is zoned Residential Single Family and Two Family (R2) which does not permit four dwelling units. The applicant is requesting site specific provisions to recognize the converted dwelling. In addition, the applicant is requesting permission to provide only two on -site parking spaces whereas the Zoning By -law requires five spaces for four dwelling units. The two unit dwelling (a legal non conforming use) was illegally converted into four (4) units by a previous owner. There is no record of the current owner (residing in the U.S.) confirming the zoning compliance of this four (4) unit dwelling prior to purchase. The non compliance was uncovered by Fire Services during a routine fire inspection. Although Planning staff recommended the applicant remove two (2) of the units to reestablish the original legal non conforming status of the property, the applicant decided to pursue a zoning amendment to recognize all four (4) units. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 27, 2005 2 PD- 2005 -45 Surrounding Land Uses The land is surrounded on the west, north and east sides by low density dwellings and tourist homes, and to the south by a church. Circulation Comments Regional Municipality of Niagara No objections. The rezoning does not appear to compromise Regional or Provincial Planning interests although the application may affect local interests, such as the provision of parking. Municipal Works There are concerns with recognizing four units given that only two parking spaces are available. Although a parking problem does not exist at this time, the number of vehicles that may be required by four tenants may overflow on the street. Municipal Works cannot support an application with insufficient on -site parking. Fire Services No objections Planning Analysis Due to excessive density, over development of the site, lack of amenity space and potential off -site parking issues, recognizing the conversion of the dwelling into four dwelling units cannot be recommended. The following is a summary of the review of the application: 1. The requested four (4) unit dwelling is not in conformity with the Official Plan. The land is designated Residential by the Official Plan. A variety of housing forms are anticipated subject to specific locational criteria. High -rise apartments in close proximity to the Central Business District above six (6) storeys in height are permitted to develop up to 125 units per hectare (50 units per acre). However, such development is only intended to take place once enough parcels have been assembled. The subject dwelling has a density of 143 units per hectare (58 units per acre). This density is 14 percent higher than what is contemplated in the Official Plan. High density developments would need to provide extensive setbacks, landscaping and amenity space to help mitigate impacts and protect the quality of life for residents on -site and on surrounding lands. The following table compares the existing conditions of the property to the requirements of the zone category that would allow a density of 125 units per hectare (Residential Apartment 5D Density Zone or R5D Zone) and the current R2 zone. Development Standard Existing Condition Minimum Standards Current R2 Zone R5D Zone Lot Frontage 15.24 metres 18 metres 30 metres Lot Area per Unit 69.5 square metres 300 square metres 80 metres Building Lot Coverage 44.5 40 30 Front Yard Setback 0.76 metres 6 metres 7.5 metres Rear Yard Setback 2.53 metres 7.5 metres 10 -11 metres Side Yard Setback 0.18 metres 2.4 metres V2 building height Landscaped Open Space 28.4 45 Maximum Building Height less than 10 metres 10 metres 22 metres June 27, 2005 3 PD- 2005 -45 As can be seen from this chart, the existing conditions fail to meet the zoning requirements for a two (2) unit dwelling, specifically lot area, frontage size and amenity space. What little amenity space that exists on site is not even typical of a semi detached dwelling. The increase in the number of units on site to four further reduces the amenity space available per tenant and therefore impacts on the quality of life enjoyed by the residents. To protect the quality of life on adjoining lands, developments of this density are intended to be located on large lots where generous landscaped setbacks and ample room for parking and service facilities can be provided to mitigate impacts on surrounding lots and protect the quality of life for adjacent residents. As there is not enough room to provide sufficient parking for the four units on site, a significant impact to surrounding lands may occur. If present and future tenants all have vehicles (beyond the control of the City to regulate), required parking will spill out onto the street, reducing the room available for regular traffic movements and temporary parking. The demand for on- street parking is already high on this street, in part because of the abutting church which has no on -site parking. In addition, there is no landscaping available to buffer abutting lands. Approval of this application would set an undesirable precedent for future developments with excessive densities on lots lacking adequate parking and amenity spaces. In addition, it could stall desired redevelopment in the downtown by overinflating property values. Staff is concerned that a proliferation of such conversions may have a negative impact on the quality of life enjoyed by neighbourhood residents. 2. An amending zoning by -law permitting four (4) units within the existing dwelling on the land is not appropriate. The land is zoned R2, which permits a maximum of two (2) units in a dwelling provided the lot is large enough. Prior to its conversion into four dwelling units, the dwelling failed to meet the City's zoning standards for two dwelling units. The owner has requested special provisions to permit four (4) units in the existing dwelling. As can be seen in the chart set out above, this development cannot satisfy the City development standards. As a result, the requested amendments cannot be supported. June 27, 2005 PD- 2005 -45 CONCLUSION: Due to the excessive density of the development contrary to the Official Plan, the lack of sufficient parking, lack of amenity space, and potential negative impact the development could have on surrounding lands, the request for four (4) units within the existing dwelling cannot be supported. The dwelling should be restored to a two (2) unit dwelling. Prepare' ,espectfully submitted: Andrew Bryce Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services AB:gr Attach. S:\PDR\2005\PD2005 -45, AM -16 -2005, 4742 Zimmerman.wpd John MacDonald Chief Administrative Officer Subject Land Location: 4742 Zimmerman Ave Applicant: Simon Bouie KIGIS RequctItW5l SchdulalzoningAM AM- I6 1 nuppingapr SCHEDULE 1 LOCATION MAP HURON ST MORRISON ST j tr Amending Zoning By -law No. 79 -200 AM- 16/2005 s I:NTS May 1005 rZ*Pb0 w r �t ki ce t4% b' g y.ec o 0 i in ti :p 11 ti III III nd 1 v-4 At Sled I:f! deter ■sc June 15,2005 City of Niagara Falls Director of Planning and Development 4310 Queen St. Niagara Falls, Ont L2E 6X5 Tony and Anna D'Amico 4741 Zimmerman Ave. Niagara Falls, Ontario L2E3M8 RE: City File AM- 16/2005 (4742 Zimmerman Ave.) To whom it may concern: We are writing this letter to express our views with respect to the above noted application. We are opposed to this application due to the following reasons. Firstly, we want to start by stating that due to activities/functions being held at the adjacent Church on a daily basis, the extra on street parking and traffic on Zimmerman Avenue is creating a dangerous situation. Unfortunately the Church does not provide any on site parking. Just this past weekend while working in my front yard I witnessed 14 vehicles drive right through the stop sign at Huron and Zimmerman. This was in about a 2 1/2 hour period. This is a daily occurance. There are times my wife and I are outside and witness as many as 5 or 6 vehicles drive through that same sign in a matter of 10 minutes. The reason being, is there are just too many vehicles parked on the street, and most drivers are concentrating on going through the maze of cars and just don't see the sign. The thought of adding to this already dangerous situation just does not make any sense to me. Something needs to be done with the current situation as it stands now. The parking needs to be reduced drastically to make things safer for all drivers. During the summer months the situation worsens because of the extra tourist and Bus traffic. These individuals are not familiar with the area which creates a recipe for disaster. Zimmerman Avenue is not wide enough to accommodate parking on both sides of the street. When the street is full of parked cars it only allows for one lane of vehicle traffic to pass through at a time. It basically becomes a one way street and leaves it to individual drivers to police who goes through first. This as not an acceptable situation. Another problem we have to deal with on a daily basis is our driveway entrance being blocked. There are times we can not even pull out of our own driveway because it is partially blocked or cannot make a right turn because the space left from the parked vehicles does not provide us a sufficient turning radius, therefore we have to turn left to Queen Street and proceed to Morrison from Ontario Street. We should not have to go RECEIVED JUN 17 2005 PLANNINQ through this all the time. Also the property to the north of this applicant does not have a parking area, which also adds to the congestion. We are not sure if a parking and traffic study has been completed on Zimmerman Avenue, but it is our recommendation that one be done prior to accepting this application. It is our opinion that adding 3 or more vehicles daily to this already faulty situation will make things even more hazardous. We also recommend staff and council members drive down Zimmerman on Sunday mornings, Monday nights, Tuesday around noon, Wednesday. Thursday and Friday nights in addition to all other functions (ie: funerals, weddings, craft and bake sales etc.) to get a full appreciation of what we are trying to explain in this letter. For these reasons alone this application should be denied. I have other tenant issues that I will not mention at this time, but will save for an OMB Hearing if necessary. Our property was rezoned in 2002. During the process the only concern of staff was our parking. We needed to reconfigure our site plan to allow for 5 parking spaces. It was something we did not want to do, but in order to conform to existing by -laws we had no choice. We hope staff will be as stringent with this application as they were with our application. In closing we want to make it clear that we are very pro development, and are pleased to see the owner has made improvements to the home, but unless the applicant can provide on site parking, not on street parking we can not be in favour of this application. Trusting this clarifies our position on this matter, The City of Niagara Falls Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Corporate Services Department PD- 2005 -46 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: plan ning @city.niagarafalls.on.ca June 27, 2005 Re: PD- 2005 -46, Public Meeting Chippawa West Phase II Draft Plan of Subdivision Proposed Modifications New Draft Plan Application Files: 26T -94009 (Revised) 26T -11- 2005 -01 Sodom Road/Willick Road/Lyon's Parkway Owner: Queensway Chippawa Properties Inc. It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Chippawa West Phase 11 Draft Plan of Subdivision. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. There is to be no decision made with respect to approval of the subdivision at tonight's meeting. The applicant proposes to develop a 43.336 hectare (107.082 acre) site for a residential plan of subdivision containing a mix of dwelling types and a total of 683 units. The property is located on the west side of Sodom Road, north side of Willick Road and southeast of Lyon's Parkway and Lyon's Creek Road (see Schedule 1). The north section of the property was granted draft plan approval in 1996 which is proposed to be modified. A new subdivision application has been submitted for the south portion of the site. Schedule 2 illustrates the submitted subdivision layout. The street pattern provides connections to Sodom Road and to Willick Road with emergency access proposed from Lyon's Parkway. The overall subdivision proposes 212 lots for single detached dwellings, 128 lots (256 units) for semi detached dwellings, 26 blocks (136 units) for on- street townhouses and a block of land for 79 townhouse units. There are 35 lots designed with frontage onto Willick Road. Additional blocks of land in the plan are proposed for stormwater management, parkland, hazard land, walkways, emergency access and future development. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development June 27, 2005 2 PD- 2005 -46 The City's Official Plan designates the majority of the property Residential which permits a variety of housing types. The floodplain of the watercourse on the east part of the site is designated Environmental Protection Area in the Official Plan. The land is currently zoned, in part, Residential Mixed (R3), Residential Mixed Holding (R3 -H), Hazard Land (HL), Open Space (OS) and Neighbourhood Commercial (NC), all through Zoning By -law No. 79 -200. This existing site specific zoning needs to be modified to accommodate the proposed development as submitted. Preliminary Review Based on input received to date from the circulation of the subdivision and preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed modifications and new application: City, Regional and Provincial planning policies support a compatible housing mix including multiple residential units, potentially affordable dwelling types and increased densities. A detailed analysis of the proposed densities, distribution of housing types and appropriate zoning standards is needed. Servicing capacity in the Chippawa Community may affect the phasing of development for this large scale subdivision plan. A traffic impact study is likely required to determine the Sodom Road intersection design. Direct frontage lotting onto Willick Road is necessary as services will be constructed on this road in the future which will also allow land on the south side of the street within the Urban Area Boundary to connect to full municipal services. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Approved by: Richard Wilson Planner 2 Recommended by: ed Doug Darbyson Director of Planning Development RW:gd Attach. S:\PDR\200SPD2005 -46, Chippawa West Phase II Draft Plan of Subdivision.wpd T. Ravenda Executive Director of Corporate Services Re pectfully submitted: ohn MacDonald Chief Administrative Officer Proposed Modifications Proposed Plan of Subdivision Chippawa West Phase II 26T -94009 (Revised) 26T -11- 2005 -01 Location Map Subject Land K\GIS_Requests\2005\ Schedules Subdivisions \ChippawaWest ph2\mapping.apr Modification to Existing Approval 26T -94009 (Revised) New Draft Plan of Subdivision 26T -11- 2005 -01 SCHEDULE E 1: NTS June 2005 0 z r r §3 6 o 0 o 5 ®c 0 cr 0 z 5 d 0 6 o /g a u§ ma eda j 0 50cy- e o 2m zor z< 5 G »a !e 0Ga z e L e ef ©c "hm J< o 0 g o m ewwC >11 11| r SCHEDULE 2 ivridos 2005 -06 -03 Dear Sir /Madam: Right Of Way Floor 5, 100 Borough Drive Scarborough, Ontario M1P 4W2 Tel: 416 296 -6291 Toll -Free: 1- 800 748 -6284 Fax: 416 296 -0520 City of Niagara Falls Planning Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Doug Darbyson RE: Draft Plan of Subdivision Sodom Road and Willick Road Your File No: 26T -11- 2005 -01 Bell File No: 32577 Thank you for your letter of May 9, 2005 requesting comments on the above referenced application. Yours truly Aea ohh La Chapelle, MCIP, RPP Manager Right Of Way Control Centre The Draft Plan of Subdivision application has been internally circulated to our engineering staff for detailed review and to determine Bell Canada's specific requirements. Please be advised that Bell Canada will be issuing comments upon completion of a detailed review of the application. Should you have any questions please contact Sushannah Spataro at 416- 296 -6214. RECEIVED JUN 1 4 2005 PLANNING DEVELOPMENT June 9, 2005 Mr. Doug Darbyson, Director of Planning Development, City of Niagara Falls, P.O. Box 1023, Niagara Falls, Ontario, L2E 6X5. Dear Mr. Darbyson: Re: Chippawa West Phase II Municipal File No. 26T -94009 and 26T -11- 2005 -01 The above noted draft plan of subdivision has been reviewed by the planning staff of the District School Board. As a result of this review, staff has recommended that the City of Niagara Falls be advised that the Board has no objection to the Chippawa West II draft plan of subdivision.The Board would like to ensure, however, that sidewalks are constructed on at least one side of major collector streets within the Chippawa West plan in order to facilitate student travel to school. It is anticipated that future students from this development will be accommodated at River View School (JK -3), F.J. Rutland School (Gr. 4-8) and Stamford Collegiate (Gr. 9 -12). Yours truly, 191 Carlton Street, St. Catharines, Ontario L2R 7P4 William R. McLean, Director of Education and Secretary Bob Crawford Manager, Planning Transportation (905) 641 -1550 Fax: (905) 685-8511 8��5-�8511 „ea Planning Fit> ZLUIS O'h RECEIVED JUN 1 5 2005 PLANNING DEVELOPMENT Barb Muir Fwd: Zoning By -Law No. 79 -200 From: Dean Iorfida To: Barb Muir Date: 6/15/2005 6:20 PM Subject: Fwd: Zoning By -Law No. 79 -200 Dear Councillors: Page 1 of 1 My wife and I and many people in the Village of Chippawa who we have talked to are not in agreement of having a 2- storey home built on the road end of Oliver Street and Bridgewater Street that the City owns and is leased. We urge you before voting yes on the By -law to visit the site in question so you can get a better idea of how this would look and why the people of Chippawa are against this proposal. Yours sincerely Don and Carol Ede Chippawa file: /C:\ Documents %20and %20SettingsVidministrator \Local %20Settings \Temp \GW 100001.H... 6/16/2005 Dean Iorfida Area Resident Comments Wit FALLS CLERKS '03 05 10:24 Page 1 of 2 From: Rick Wilson To: Dean Iorfida Date: 6/23/2005 9:40 AM Subject: Area Resident Comments CC: Adele Kon; Bob Bolibruck; Doug Darbyson; Ed Dujlovic; Geoff Holman; Ken Mech; Patrick Burke; Rick Volpini; steedman@metrusdev.com In response to the proposed modifications and proposed plan of subdivision for Chippawa West Phase II 26T- 94009 Revised „I have the following concerns and items for your review. Unfortunately I can not be available for the meeting „however please keep me abreast of any current and future information as it develops by mail. The number one problem my neighbors and I foresee is the large number of townhouse dwellings compared to the number of single detached dwellings. Not only is it the high number (25) of townhouses but also the tight clustering of the (15) townhouse buildings around the park that could have access to Lyons Creek Pkwy will give the same problems that the town of Chippawa currently experiences over at the end of Willoughby Drive. The developer tells us that it is their intentions not to have the same sort of deteriorating slums like over on Willoughby Drive,,,,but that was the developers intentions when they were built over there too. Once the Townhouse units become old and run down from people not personally owning and caring about them „they too will turn into the same tenement slum and once that happens „there is nothing anyone can do to straighten this mess out. It was one understanding for the Region to accept the proposal back in 1996 when this whole neighborhood was going to be for retirement aged seniors ,but now that classification has been opened up to "mixed use” townhouses,,,,this is totally another situation and the future of the neighborhood is in obvious jeopardy and I for one don't want to see any townhouse type dwellings on a street that will one day have access to our street. It's just natural for young children to migrate towards the waterfront properties and the homes Lyons Creek Pkwy are not geared for this type of intrusion. The liability factors are huge for waterfront property owners on empty lots like my own and 95% of these waterfront homes do not have fenced in yards. The proposed walkway from Lyons Creek Pkwy to the proposed park should not even be considered. If you have ever seen the spring run off in this area you would see the obvious danger to any child or adult being caught up in this drainage area as it makes it's way to Lyons Creek. We are told of settling ponds and water control area's ,,,but this is the only way out for a torrential amount of water every spring. No matter how many ponds and control areas you have upstream,,,the water has to go somewhere „and in this situation that 'somewhere' is Lyons Creek. We already experience water flooding over the roadway every spring,,,and the glacier like conditions that are created every winter from ground water coming up and freezing which is not plowed away in time before it becomes an immovable object until spring. Just ask the City works Dept. of their encounters on the street in Jan Feb March and their difficulty with the ice over the road. The proposed walkway is also not welcome by either neighbor on each side of the current drainage ditch for sake of physical and mental intrusion into their backyards by unsupervised children from the proposed townhouses. Security issues garbage blowing around ,cigarette butts snowmobiles, motorcycles quads ,etc would all want to gain access through this walkway for being able to enter into the City owned forest at the end of Lyons Creek Parkway,,,to which I also have property and already have that problem. Now it would only be worsened by this feature of the proposal. Lastly on this topic we have Block number 381 which will be an Emergency access route until all the empty lots are full of houses on Lyons Creek Pkwy and after that time,,,the existing roadway that connects to Lyons Creek Rd. will be blocked and we will have to use the new access through Phase II which will lead out to both Sodom and Willick road. For the record,,,) and quite a few others have no problem with this change for sake avoiding the obviously dangerous intersection at Lyons Creek Rd. and Lyons Creek Pkwy. However ,,,because we all own boats and trailers of one sort or another,,,we do not want to live with a development base road way for five plus file: /C:\ Documents% 20 and% 2 0Settings \AdministratorTocal %20Settings \Temp \GW 000... 6/23/2005 years until the final topcoat can be applied after the last subdivision house is built. The raised manhole covers uneven raised /sunken ground from insufficient base material and the curb bases play havoc with low slung boat trailers and vehicles. A decent quality main road way from Lyons Creek Pkwy to Sodom Rd needs to be included in this deal before it starts or we will have even more unhappy property owners and taxpayers having to take a roller-coaster ride through the new subdivision at least twice a day. Should you need an example of what I am talking about,,,just take a drive down Weinbrenner Rd but don't have a cup of coffee in the car or you will be wearing it at any speed. Just while I have your attention the previously mentioned topic comes to mind and that is the City owned forest at the southern end of Lyons Creek Pkwy. The property is designated as residential and zoned as open but there is nothing official that will guarantee it to be preserved as a natural feature other than the good intentions on behalf of the City Planning Dept. Both the City and the Regional Municipality need to put the proper designation on this last piece of forest which adjoins the Class I wetlands also known as Lyons Creek. I look forward to your reply as well as any comments you have or any further explanation you might need of my concerns. Regards Greg Chisholm 4855 Lyons Creek Pkwy L2E 6S6 E -mail: Greg @Chisholmmachinery.com Page 2 of 2 file: /C:\ Documents% 20 and% 20Settings \AdministratorTocal %20Settings \Temp \G W 000... 6/23/2005 St. John Ambulance Saint -Jean Client Services Anita Murray 905- 356 -7340 Tel. 905- 356 -1647 Fax Email: sjanf@vaxxine.com June 7, 2005 Mayor Salci, and members of City Council 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council: United Way Member Agway 5734 Glenhohne Avenue. Niagara Falk. Ontario r.7r= dV% JUN 1 5 2005 FINANCE ADMIN. St John Ambulance launched a Capital Campaign with the intention of completing the purchase and training required to ensure we were able to provide on site rescue and first aid for the 2004 boating season. We were able to purchase $9,332 in equipment including an Automated External Defibrillator and Oxygen Administration Equipment. $1,996 was spent on training all Water Patrol staff to Medical First Responder Level 1 and $1,181 was spent on signage on the Boat and Boathouse. $2,700 was spent on purchasing new communications equipment to resolve communications failures commonly experienced in several areas within the service catch basin. With many capital campaigns currently underway in our City we feel that despite not reaching our goal, our campaign was extremely successful. Branch Manager Kai T Bucht 905- 356 -7461 Tel. 905- 356 -1647 Fax Email: stjanfbr @vaxxine.com In 2004, the City of Niagara Falls Council approved a no-interest loan in the amount of $57,000 to allow St John Ambulance to proceed with the purchase of a new Water Patrol vessel and replace obsolete equipment. This loan would be renewed annually and with the 20% depreciation applied annually, it was hoped that we would be able to pay off the total amount of the loan in two to three years. Of this amount, $47,000 was used to purchase the Water Patrol vessel, which is owned, and title held by the City of Niagara Falls. Our Board of Directors feels strongly that title to this and subsequent Water Patrol vessels be held by the City as it is only though the support of our Council, Parks Recreation Department, City staff and Niagara Falls individuals and businesses that contributed to our campaign, that this program is made possible in our City, and that our dream for a new vessel was made a reality. The balance of the loan was not required. The boat was immediately put into service and with the staff was directly responsible for saving several lives, and avoiding untold accidents and injuries in our local waterway in 2004. Currently we have $30,000 in our Capital Campaign Reserve. $10,000 has been placed in a restricted reserve for vessel maintenance and repairs. A preventative maintenance h JUN 2 7 20054 OUINC1 Ljt,.7�N, ;;,,a program is in place to ensure the vessel is kept in excellent condition. The average length of service for a vessel of this type and size is anticipated to be 12 to 15 years. St John Ambulance in consultation with and the support of City staff would like to propose the following: That St John Ambulance pay the balance of our Capital Campaign funds, $20,000, to the City to be held in trust in an interest bearing account towards the future replacement of the vessel. These monies in addition to the $2,500 placed in a contingency account with the City on an annual basis will result in sufficient monies being on hand for the future replacement of the vessel in 12 to 15 years. We believe that the Water Patrol Program provides an essential service to our community and that approval of this proposal will ensure that a Water Patrol vessel is on the water for many years to come. Thank you for investing in our program. Your support is very much appreciated by the staff, members and Board of St John Ambulance, Niagara Falls Branch. It is only through your help that we can help others. Sincerely, �lY/�..e�%�CE Chief Peter Corfield Branch Chair, Niagara Falls Branch cc: Chief Gordon Chase, Chair Water Patrol Committee Deputy Chief Ray Anderson, Vice Chair Mark Newman Shirley Fisher Members of the Board And to: Ken Burden, Finance Chief Pat Burke, NF Fire Department 10th June 2005. The City Clerk, Niagara Falls City Council, City Hall, Niagara Falls Ontario. Dear Dean, Roll 2725040002276000000. Rev. Dr.Kcn Smith. 3272 Addison Avenue, Niagara Falls, Ontario. 1.2J 31(9. Cando. TeL 1 (905) 356 -2048 Fax. 1(905) 356 -8094, Eabit-imatikatbanage Like many other Senior Citizens I have just received my Final Tax Bill for 2005. which shows that I will be paying an increase of $10.33 per month over last year. Question:- How DOES THE Council expect Seniors to continue to pay these increases out of the small fixed income they receive It is certainly time for some accountability at City Hall and the way our money is spent on highlypaid jobs and certain projects. Now that I am paying an extra $135.96 a year I would like a better service from the City. During the Winter months I approached the Mayor, Aldermen, Manager of the Maintenance Department regarding the snow clearing of my Side Walk in Addison Ave. I fully explained because of medical grounds my wife and I could not clear snow and we had a contractor who we paid to clear our drive but did not do the side walk. We have only one side walk in Addison Ave and your small snow plow goes down Heritage Ave to clear their side walks. It would take only 5 minutes to do Addison but he Manager of your City Department stated that they could not fit it into their programme. I am sure this extra $135.96 which I am paying would cover the cost of snow plowing my JUN 2 7 2006 rile c[ G side walk in Winter and would like to strongly press my request again to provide this service during those months. After all we pay the same City Taxes as those in Heritage and the snow plow also goes along Stanley Ave were there is no houses. If this cannot be fitted into the City Programme then I would like to ask for a rebate from my City Taxes so I can pay someone to do this for us. Best wishes and God Bless. Rev Dr Kem Smith. Clerk's Department Inter Departmental Memorandum To: Acting Mayor Vince Kerrio Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Application for Teletheatre The City of Niagara Fall Canad� /MS Date: June 23, 2005 The attached correspondence for a second teletheatre (OTB) in Niagara Falls has been received by my office. For approval through the Ontario Racing Commission, the Council of the host municipality must sign off on the request. As you will note, the request is for Casino Niagara. This will provide an additional gaming service for the patrons of the (original) casino. Due to the location within Casino Niagara, the Planning Department has no concerns. In addition, the application is being made through Nordic Gaming Corporation, who are the holders of the ORC licence for the existing teletheatre in Niagara Falls 5535 Kalar Road). The operators of the Kalar Road Teletheatre are aware of this application for a second licence in Niagara Falls RECOMMENDATION: For the consideration of Council. Working Together to Serve Our Community FORT ERIE June 15, 2005 City Clerk The City of Niagara Falls Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Subject: Application for Teletheatre To Whom It May Concern: As part of our application to the Ontario Racing Commission (ORC) to operate a second teletheatre in Niagara Falls, we have been requested by the ORC to request a letter from the municipality. This letter would serve to inform the Commission of any objections the municipality may have related to the racetrack operating a teletheatre at the specific location listed below, and that the site meets all applicable fire, zoning and safety standards. Location: Casino Niagara Second Floor 6380 Fallsview Boulevard Niagara Falls, Ontario L2E 6T3 NM, FALLS CLERKS :5 -161` 10:38 NORDIC GAMING CORPORATION P.O. Box 1130.230 Catherine Street Fort Erie, Ontario Canada L2A 5N9 Phone: (905) 871 -3200 1 -800- 295 -3770 Executive Office Fax: (905) 871 -9632 If you would kindly respond directly to the Ontario Racing Commission, with a copy to myself, it would be greatly appreciated. The address and contact for the ORC is as follows: Wendy Hoogeveen Ontario Racing Commission 9 Floor 20 Dundas Street West Toronto, Ontario M5G 2G2 (416) 327-0520 If you have any questions related to the above, or require further clarification, please contact the undersigned. Sincerely, Bonnie Loubert Chief Executive Officer Nordic Gaming Corporation o/a Fort Erie Racetrack 230 Catherine Street Fort Erie, Ontario L2N 5N9 (905) 994-3600 I3vCasino Niagara letter to citk.cioc Niagara Falls City of Canada Community Services Department R-2005-35 Parks, Recreation Culture Adele Kon 4310 Queen Street Director 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: akon @city.niagarafalls.on.ca His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: June 27, 2005 Re: R- 2005 -35 Canada Day 2005 RECOMMENDATION: It is recommended that this report be received and filed for information. BACKGROUND: The Niagara Falls Canada Day Committee is planning a very special Canada Day Celebration on Friday, July 1, 2005. This popular event attracts many people to the Optimist Youth Park, with activities taking place from 11:00 a.m. to 5:00 p.m. This year's theme is Celebrate Canada "Niagara Falls Style The festivities start with a Parade at the corner of Morrison Street and Drummond Road. The parade will include the Thorold Pipe and Drum Band and the Lincoln and Welland Regiment Band, along with more than 70 entries received to date. Additional festivities for this year at Optimist Park include a tribute to The Beatles by the Caverners, Elvis, two Lumberjack Shows, Tom Bishop's Wild West Show, Neo Spirit Pro Wrestling Show, Loonette the Clown Molly Show from the Big Comfy Couch, children's inflatable play station, and a Classic Car Show. Also, popular youth groups, The Maddhatters, Night Shift and the Jennalynn Flesch Show, will be performing. There will be Tributes to Garth Brooks, Shania Twain, Avril Lavigne, Dean Martin, Frank Sinatra, Mario Lanza and much, much more. The Opening Ceremony will once again include the singing of `O Canada', Canadian Flag Raising, winners of the Essay Contest, Good Citizen Awards, as well as a special presentation to the Parade Grand Marshal. The Niagara Falls Canada Day Committee would like to extend an invitation to Members of City Council and all citizens of Niagara Falls to attend the Celebrations at Optimist Youth Park on Friday, Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 27, 2005 July 1, 2005. This is a free community event that is guaranteed to provide something for the entire family. Prepared by: o g3 Co), unity Development Coordinator Recommended by: Adele Kon Director of Parks, Recreation Culture VS /das S: \Council \Council 2005 \R 2005 -35 Canada Day 2005.wpd 2 Respectfully submitted: John MacDonald Chief Administrative Officer R- 2005 -35 CONSENT AGENDA The City of Niagara Fall Canad� His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that the firm of R.V. Anderson Consultants Limited be retained to furnish operational services with respect to the City of Niagara Falls Regional Municipality of Niagara High Rate Treatment Pilot facility to an upset limit of 73,000 excluding applicable taxes. The City's share of the cost for this project is 33% or 24,100 by virtue of cost sharing agreements with the Ontario Great Lakes Renewal Foundation and the Regional Municipality of Niagara. BACKGROUND: Community Services Department MW- 2005.78 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca June 27, 2005 Re: MW- 2005 -78 Retention of Consultant for High Rate Treatment Pilot The City of Niagara Falls in conjunction with the Regional Municipality of Niagara, Ministry of the Environment, Environment Canada and the Ontario Great Lakes Renewal Foundation are partners in a study to identify innovative and cost effective methods of eliminating or mitigating combined sewer overflow. Supporting reports for this study are as follows. Report Title Date MW- 2003 -136 Ontario Great Lakes Renewal Foundation Funding 11/08/2003 MW- 2003 -196 Pilot High Rate Treatment Consultant Selection 11/17/2003 MW- 2004 -76 Niagara Falls Combined Sewer Overflow Study 07/12/2004 The photo on the following page shows the facility located south of the Niagara Falls Transit Commission administrative offices. Consultant and City Staff believe that the facility will be ready Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 27, 2005 for operation within approximately three to four weeks. The plant requires that periodic maintenance and inspection be performed before and after each storm or dry weather testing events. R.V. Anderson and Associates whose staff is intimately familiar with the project were asked to provide a proposal to City and Regional Staff for the operation, cleaning and maintenance of the site for a one year period. Regional and City Staff deems the received proposal to be sufficient for their perceived needs and the quoted cost to be reasonable given the staff time involved. City Staff is currently completing an application for funding from Environment Canada for this and another project. The requested funding for this project would cover 100% of the costs for this consultant assignment. It should be noted that virtually all of the equipment purchased as part of this study will be used at other locations by the City and Region when the study is completed. Funding for this project is contained in the Municipal Works Capital Works Budget line item STMS2 account number 12-3-421111-030000. Council's concurrence with the recommendation is requested. Prepared by: David Watt Manager of Infrastructure Environment Approved by: Ed Dujlovic Director of Municipal Works Pilot HRT Facility Respectfully submitted: John MacDonald Chief Administrative Officer S:\REPORTS\2005 Reports\N W- 2005 -78 Retention of Consultant for High Rate Treatment Pilot.wpd MW- 2005 -78 May 17, 2005 RVA 9360 City of Niagara Falls Community services Department Municipal Works P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Mr. David Watt, OLS, OLIP Manager of Infrastructure Dear Mr. Watt: Re: Central Pump Station CSO HRT Pilot Proiect Cost Estimate and Procedure to Conduct Field Operations, Maintenance and Maintenance Reporting Program Further to our previous submissions regarding a field operations maintenance procedure and proposed estimated costs for the above noted project, we have reviewed the final design drawings in conjunction with the process narrative and submit herein, our proposal and cost estimate, to conduct a field operations and maintenance reporting program for the pilot high rate treatment study. Understanding of the Assignment The operation of the selected combined sewer overflow (CSO) high rate treatment equipment proposed for pilot testing over a specified time period at the Central Ave Pumping Station site will require periodic and event generated maintenance activity. This maintenance activity will generally include the following work tasks: Regular site visits to assess equipment readiness; Responding to event alarms (i.e. potential equipment malfunctions, power interruptions, high level solid accumulator bin (SABs) levels); Event generated collection of samples (liquid and solid) and transportation to testing laboratory; Event generated cleaning and redeployment of sampling equipment; Event generated removal of solids material from SABs, coordination for disposal and cleaning SABs. A routine maintenance and event maintenance plan has been developed and expands on the details for the above noted work tasks that will be undertaken as part of the field program along with a recommended SAB sampling and cleaning procedure and an c: W ocurtr -l\admmi— lUocaIs- Ivmq\9360-05 nos field proposaldoc Mr. Dave Watt May 17, 2005 City of Niagara Falls environmental health and safety policy for use by field staff follows for your review. In some cases we anticipate that a routine maintenance visit may coincide with an event generated maintenance visit, resulting in a reduction of time charged against maintenance for the field program. We further note that, commissioning the HRT equipment and sampling and monitoring equipment are required prior to actual pilot testing to commence. With this in mind, we have included an allowance to carry out simulated tests of all equipment as a "pre- start" activity. Our pre -start activity will also assist in identifying potential problem areas that may be resolved prior to commencing the pilot testing period. Additionally, we have proposed a reporting program for every third maintenance site visit (weekly and event based). Work Plan With the above in mind, we propose the following work plan be implemented to provide a field program for pre -start testing; routine maintenance /event maintenance and reporting. Pre -Start Testing To carry out the pre -start testing of the equipment, we propose to simulate a CSO event by adjusting pumping controls in Central Ave Pumping Station, with the assistance of Regional Niagara Operations staff. Equipment will be energized to test signal and relay logic, operations, alarms and start/stop routines. The pre -start testing activities may include, but no be limited to the following activities; Carry out field inspection of installed equipment with all suppliers; Create a simulated event within the sewer upstream of Central Ave Pumping Station and energize equipment for various events (i.e. 35 Us, 70 Us and 140 Us simulations); Monitor and check equipment to assess power up impact; Continue simulated event until all treatment, sampling and monitoring equipment has had an opportunity to cycle through various operational levels; Discontinue simulated event and return sewer to normal flow conditions; Carry out equipment cleaning operations and arrange for disposal of any solids material accumulated during pre -start testing; Make necessary modifications if required; Reset all equipment and prepare the site for a rainfall event. Routine Maintenance The following routine maintenance field program is proposed on a weekly basis to ensure equipment is ready for the next CSO event. The following activities will be carried out as part of this task: Visual site check of all equipment; Implement lock -out procedures where applicable; Inspect all inlets /ports /discharges and channels for obstructions; Mr. Dave Watt May 17, 2005 City of Niagara Falls Check all mechanical /non- motorized valves for operation; Carry out cleaning and lubricating; Test all battery operated equipment and power supplies using available diagnostics (i.e. battery voltage); Remove all lock -outs, re- energize power supplies; Upon leaving site check all locks and security features are in place and operational; Report/resolve any deficiencies with RVA/City Project Manager; Maintain a site log /diary for all activity. We anticipate the routine maintenance program will also include additional periodic activities such as: Inspection of diaphragm valves and possible replacement of worn diaphragm valves (spare parts should be arranged to have on hand); Monthly start-up of diesel driven pump; Checks to the air compressor and associated air operated equipment; Voltage checks to UPS. Event Maintenance The following event maintenance field program is proposed after each event that has triggered equipment to operate. The following activities will be carried out as part of this task: At an alarm notification, go to the site and check that all equipment is operational and functioning (this activity is recommended for the first 2 to 3 events as follow up quality control to the pre -start checks for operation under real time conditions). For safety purposes, two people should respond to an alarm during off -hour times, i.e. 1700 hrs. to 0800 hrs and weekends); Carry out an inspection of the operational equipment for potential deficiencies (apply lock -out procedures if internal equipment inspections are required); Prepare sediment samples for testing in accordance with the testing laboratory (PSC) requirements for preserving and storage of samples until delivery of the samples to the testing laboratory is arranged; Arrange for delivery of samples to testing laboratory within time requirements (specifically microbiological samples) to maintain sample integrity and prepare Chain of Custody (CofC) per test protocols; Retain C of C copy in project file; Copy C of C to study project managers (Region, City); Replace /clean liquid sample containers /jars with empty containers and prepare for next event; Clean and prepare all equipment, including SABs using recommended procedure for next event; Maintain site log /diary for all activity; Lock and secure site. Mr. Dave Watt May 17, 2005 City of Niagara Falls Field Operations Maintenance Reporting Program We propose that a field operations maintenance reporting program be undertaken at every third routine and event based maintenance period to track and record pilot study field operations and to monitor pilot testing equipment. In this manner a preventative maintenance routine may evolve that may be used to modify the field operations maintenance program to address actual and required levels of effort for weekly routine maintenance and post event maintenance. Additionally, trends may also be predicted to address operational concerns and mitigate potential adverse data quality. We envision some modification to the proposed field operations maintenance program, however we note that at this time it is difficult to predict where modification may be applied, hence the proposed reporting program. Personnel R.V. Anderson Assocaites Limited staff from the Welland office will be utilized for field operations and reporting program activities. Our proximity to the site and staff involvement during the pre- engineering and design phase of the pilot project will provide a value added advantage to the field operations maintenance program based on familiarity of the equipment, operational capacities and anticipated expectations. Mr. Vaino Raun will act as project director to ensure that all staff and equipment resources are available to the project. Mr. John Spencer will act as project manager for the field operations maintenance program. Mr. Spencer was involved in the pre- engineering and design phases of the project from the early stages and understands the data requirements for maintaining an equal balance between the devices being tested. With this in mind, if modifications to the field program are required as events occur, Mr. Spencer will be able to adapt these modifications to continue unbiased operations for data collection and to maintain sample integrity. Mr. Joe Perrotta, Project Manager and Design Engineer during the pre engineering and design of the pilot test program will provide technical assistance and coordination to the field operations maintenance program. Mr. Luc Gauthier will provide technical assistance during the field maintenance activities. Professional Fees and Disbursements Our professional fees to carry out the field program as discussed, to complete 3 days of pre -start testing; a 40 -week routine maintenance program; a 15 -event based maintenance program and a reporting program is estimated at $73,000.00. Disbursements for out of pocket expenses are based on 6% of the estimated fee at $4,380.00. Mr. Dave Watt City of Niagara Falls Estimated fees and disbursements exclude GST. Other fees for supplier on site commissioning and disbursements, laboratory services, replacement parts (unless covered under warranty) etc, are the responsibility of the City /Region and will be coordinated and supervised by RVA staff. Professional fees for work performed shall be invoiced only for the actual time expended to conduct the field operations maintenance program activities and in accordance with our Standard Terms and Agreement, attached. Trusting the above is the information you require at this time, should you have any questions please, do not hesitate to contact the undersigned at your convenience. Yours very truly, R. V. ANDERSON ASSOCIATES LIMITED John Spencer, CET 5 cc. Peter Baker Regional Niagara, Project Supervisor; Joe Perrotta R.V. Anderson Associates Limited May 17, 2005 The following procedure is recommended for collecting and preparing samples for laboratory testing and weighing solids material collected in the Solids Accumulation Bins (SABs) and for cleaning SABs. This procedure utilizes a truck mounted hydro- vacuum system to remove the majority solids material collected in the SABs. Additionally an environmental, health and safety policy has been prepared to provide field operations maintenance staff guidance and information on how to respond to various potential threats, should it become necessary. Solids Sampling Procedures and Solids Accumulator Bin Cleaning and Maintenance Program 1. Prepare sediment samples for testing in accordance with lab (PSC) requirements for preserving and storage until delivery to lab; 2. Arrange for delivery of sediment samples (simultaneous with liquid samples) to test lab within time requirements to maintain sample integrity and prepare Chain of Custody in accordance with testing requirements as per attached test protocol; 3. Retain C of C copy in project file; 4. Copy C of C to study project managers (Region, City); 5. Weigh Hydro -Vac truck empty (full fuel tanks) on off -site truck scale prior to removing sediment from SABs; 6. Remove sediment material from SAB using a Hydro -Vac process and ensure fabric material integrity (some manual cleaning will likely be required); 7. When enough sediment material has been removed to expose fabric material, use brooms /brushes to finish removal process. This final sediment removal procedure is recommended to protect the fabricate material inside the SAB compartments; 8. Use a high pressure spray to remove any residual sediment and to rinse and clean fabric, SAB, drains and interior of SAB containment area; 9. Drain excess water from SAB and close and secure all drain valves and door panels; 10. Return cleaning equipment to storage site /shed, check area for any other cleaning requirements; 11. Return to truck scale and weigh -in (with full fuel tanks) with loaded sediment; 12. Record and report truck weights; 13. Verify delivery of sediment material to an approved disposal facility (if necessary). Environmental. Health Safety Policy Environmental 1. Provide environmental awareness training for all staff involved in weekly maintenance and field sampling procedures to include spills action procedure and follow -up; 2. If using waste hauler, verify MOE licensing. 3. Incorporate Region and City Environmental Planning /Awareness Procedures if applicable. Spills Procedure City of Niagara Falls Central PS CSO -HRT Pilot Project RVA 9360 1. Post spills procedure in appropriate location; 2. Shut off system pump; 3. Contain spill if overflowing from curbed containment area; 4. Estimate volume of spill and spill discharge location; 5. Determine appropriate clean up procedure and mobilize; C5D000ME -1 ADMINI -1\ LOCALS -1 \Temp \9360 051705 Recommended SAB Cleaning and Sanpling.doc 2 City of Niagara Falls Central PS CSO -HRT Pilot Project RVA 9360 6. Contact MOE spills action; 7. Contact study Project Manager; 8. Provide spill incident report including cause (if determined), mitigation and action taken. Health Safety Procedure 1. Provide Health Safety Awareness Training for all staff involved, specific to the Pilot Program site; 2. Incorporate Region and City Health and Safety Procedures if applicable. 3. Ensure all staff are wearing using appropriate safety devices (i.e. hard hat, safety boots, eye /hearing protection); 4. Provide on site the following: First Aid Kit including emergency phone Nos. Fire extinguisher Neoprene /plastic surgical gloves; 5. When retrieving or moving samples, ensure that sample containers are secured and sealed properly; 6. When lifting samples, bend you knees and use two people where necessary; 7. When cleaning SABs wear appropriate footwear, coveralls and gloves; 8. Wash hands upon completing sampling and maintenance activities. The City of Niagara Fall Canada Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls RECOMMENDATION: Community Services Department MW- 2005 -84 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca June 27, 2005 Re: MW- 2005 -84 Contract 2005 -03, Phase 1 2005 Asphalt Overlay Program It is recommended that the unit prices submitted by the low tenderer, Rankin Construction Inc., be accepted. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Thursday, June 9, 2005 at 1:30 p.m. for the above noted contract. Tender documents were picked up by six (6) Contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the four (4) Contractors. 1. Rankin Construction Inc. (St. Catharines) 876,680.00 2. Norjolm Limited (Thorold) 907,500.00 3. Hard Rock Paving (Port Colborne) 952,466.00 4. Steed Evans Ltd. (Thorold) 983,374.60 The lowest tender was received from Rankin Construction Inc. in the amount of 876,680.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development June 27, 2005 MW- 2005 -84 Financing: The Engineer's estimate for this contract was 1,000,000.00 Project Costs: Awarded Contract 876,680.00 Prepared by: Approved b TOTAL 876,680.00 Funding: 2005 Capital Budget Roadways, Asphalt Overlay Account No. 12 -3- 310000 030000 "R24" 710,000.00 2005 Capital Budget Cemetery Services Account No. 12- 3- 540000- 030000 "C2" 78,000.00 2005 Capital Budget Roadways, New Sidewalk Account No. 12 -3- 310000 030000 "R6" 35,900.00 2005 Development Charges 53,800.00 Mike DiPaola Project Manager Ed Dujlov c, P.Eng Director of Municipal Works S REPORTS\2005 Repons\MW- 2005 -84 Contract 2005 -03 Phase I, 2005 Asphalt Overlay Prog,am.wpd TOTAL 877,700.00 This project is scheduled to commence on July 26, 2004, and all work to be completed within 50 working days. Council's concurrence with the recommendation made would be appreciated. gat espectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Fall Canadcz Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that City Council authorize staff to engage the Niagara College Centre for Advanced Visualization to prepare a computer model for the Core Tourist Area at a cost of approximately $40,000. BACKGROUND: Community Services Department MW-2005-90 Municipal Works Ed Dujlovic 4310 Queen Street Director .O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi©o city.niagarafalls.on.ca June 27, 2005 Re: MW- 2005 -90 Core Tourist Area Advanced Visualization Project Contractual Arrangements In order to assist in the review and assessment of existing and future developments within the Core Tourist Area staff have requested a proposal from the Niagara College Centre for Advanced Visualization to prepare a computer model. This facility has been previously used by private developers and the People Mover Project for visual analysis of development proposals. The model can be modified as new projects come on line and will be helpful to staff, the public and City Council in developing a preview of various proposals within the tourist area. The project is estimated to cost approximately $40,000 which can be 100% funded from the Development Charges Reserve Fund. The project is expected to be completed over the next 12 -14 weeks and an initial down payment of $5,000 is required. The project will be coordinated by Planning staff with input for the Municipal Works and Parks, Recreation Culture staff. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 27, 2005 Prepared By: Geoff Holm Manager of Development Approved By c Ed Dujlovic, P.Eng. Director of Municipal Works t! John Barnsley Manager of Policy Planning Respectfully Submitted B ie Mac Donald Chief Administrative Officer MW-2005-90 The City of Niagara Fall Canada His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2005 -34 Parks, Recreation Culture Adele Kon 4310 Queen Street Director 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: akon @city.niagarafalls.on.ca June 27, 2005 Re: R- 2005 -34 Furniture Requirements for the MacBain Community Centre Tender TR11 -2005 It is recommended that Tender TR11 -2005 for furnishings at the MacBain Conununity Centre be awarded to SCI Interiors Limited of Markham, Ontario, for a total cost of $139,672.92 including all taxes. The architectural team of MacLennan, Jaunkalns, Miller and Chapman, Murray Associates have been engaged, as part of their services in providing architectural design services for the construction of the MacBain Community Centre, to also design furnishings' layout and develop specifications for the Community Centre They have been asked and have completed a design layout for the Niagara Falls Public Library, the City of Niagara Falls spaces, including the Parks, Recreation Culture offices and the Coronation Recreation Centre's satellite drop -in, Niagara Falls Big Brothers and Big Sisters, as well as Heart Niagara. The specifications and ensuing tender document have been structured to enable each partner to accurately identify their specific costs within the overall tender for fumishings. Each partner is responsible for the full costs of their furnishings. Tenders for the Furniture Requirements for the MacBain Community Centre were picked up by various bidders and four (4) bid proposals were received by the Clerk's Department. The results of the bid process are presented as follows: Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 27, 2005 2 R- 2005 -34 Financing: Contractor g_q Tender Bid Price (including taxes2 SCI Interiors Beatties Basics Corporate Express Canada Inc. Grand Toy The awarding of this tender and ordering of these fumishings is critical to meet the anticipated opening of the MacBain Community Centre on September 10, 2005. The City's share of this overall furniture tender is $70,329.63 including taxes. Funds for this furniture tender are within the furnishings budget identified in the capital budget for the MacBain Community Centre project. Community Development Coordinator Recommended by;_ Adele Kon Director of Parks, Recreation Culture SH/das Markham, ON St.Catharines, ON London, ON Hamilton, ON $139,672.92 $143,077.25 $144,735.55 $145,173.08 Respectfully submitted: John MacDonald Chief Administrative Officer S: \Council \Council 2005 \R 2005 -34 Furniture Requirements for MacBain Community Centre.wpd The City of Niagara Fall Canada Members: His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department R- 2005 -36 Parks, Recreation Culture Adele Kon 4310 Queen Street Director 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: akon @city.niagarafalls.on.ca June 27, 2005 Re: R- 2005 -36 Patrick Cummings Memorial Sports Complex Phase IIA Landscape Development Tender TR8 -2005 It is recommended that Tender TR8 -2005 for the development of two (2) westerly slo -pitch diamonds and the adjacent landscape works for the Patrick Cummings Memorial Sports Complex be awarded to 984265 Ontario Limited (Circle P Paving Company) of Stevensville, Ontario, for a total cost of $518,340.10 including all taxes. The four (4) easterly ball diamonds are presently being completed by Centennial Construction Limited in preparation for the summer ball season. Tenders for the Phase IIA Landscape Development of Patrick Cummings Memorial Sports Complex were picked up by various bidders and four (4) bid proposals were received by the Clerk's Department. The results of the bid process are presented as follows: Contractor City Tender Price (including taxes) 1. 984265 Ontario Limited (Circle P Paving Company) Stevensville, ON $518,340.10 2. Peninsula Construction Inc. Fonthill, ON $580,036.29 3. Stevensville Lawn Service Ltd. Stevensville, ON $630,668.70 4. S F Excating Limited King City, ON $864,618.85 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services June 27, 2005 Financing: JD /das Director of Parks, Recreation Culture 2 Funds for this landscape development tender was approved by Council as part of the 2005 Capital Construction Budget. Respectfully submitteji: John MacDonald Chief Administrative Officer S:\Council \Council 2005\R- 2005 -36 Patrick Cummings Memorial Sports Complex Ph IIA Development Tender.wpd R- 2005 -36