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2005/10/03PRAYER: Alderman Victor Pietrangelo COUNCIL MEETING October 3, 2005 ADOPTION OF MINUTES: Council Minutes of September 19, 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. Regional Bantam Basketball Team DEPUTATIONS/ PRESENTATIONS Athletic Achievements in Various Sports Awards Niagara Falls Falcons Midget Boys Baseball Team Mayor Ted Salci will present plaques to the Niagara Falls Falcons Midget Boys Baseball team members on their recent Basketball Provincial Championship. Cam Cartwright Derrick McIntyre Barry Crosswell Randy Luciano Ryan Langdon Jesse Leger Jake Pysher David Liefl T.J. Bray Aaron Butler Sean Dempsey Jeremy Varley Nick McLeod Also in attendance will be Tim Topping ,Head Coach and Manager Jay Leger, Neil Duerksen and Bob Pysher. Mayor Ted Salci will present a plaque to Alex Bright of Niagara Falls on capturing the Provincial Title competing in Ontario's Basketball Elite Bantam Development Program. ITEM NO. 39 -AND- ITEM NO. 40 2 Under 15 Provincial Soccer Team Mayor Ted Salci will present a plaque to Adriana Gallo who recently received a gold medal as a member of the winning team at the Provincial Soccer Championships at the Rocky Mountain Cup in British Columbia. Economic Development Recognition Mayor Salci will present a plaque to the following businesses. Myer Salit Steel (100 Anniversary Year) Gordon Wright Electric (75 years) Peglow Tool Die Inc. (25 years) PLANNING MATTERS Public Meeting Official Plan and Zoning By -Law Amendment Application, AM- 06/2005, 3965 Oliver Street Applicant: Ralph Terrio, Agent: Wayne Thomson, Expansion of a Dwelling Located Within an Environmental Protection Area Designation and Within a Hazard Zone. Background Material: Recommendation Report: PD- 2005 -77 Correspondence from the Niagara Region Planning and Development Department Correspondence from the Niagara Peninsula Conservation Authority Correspondence from Lynn and Ken Evans Correspondence from Cliff Koabel Correspondence from J.M. Doherty Public Meeting Zoning By -law Amendment Application, AM- 22/2005, 5124 Morrison Street Applicant: Moon- Yung Kwak Recognition of Existing Retail Store and Residential Use Background Material: Recommendation Report: PD- 2005 -78 3 ITEM NO. 41 Public Meeting Proposed Modifications to the Niagara Falls Official Plan Background Material: Recommendation Report: PD- 2005 -74 MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2005 -73 Tree Conservation By -law for the City of Niagara Falls 2. Chief Administrative Officer PD- 2005 -76 Main Ferry Community Improvement Plan (CIP) Hiring of Consultant MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. United Way of Niagara Falls Re: Flag Raising requesting that the City of Niagara Falls consider flying the United Way flag during their campaign, ending November 25, 2005. RECOMMENDATION: For the Approval of Council. 2. Kite Festival Re: Niagara International Kite Festival Weekend requesting that the weekend of October 7 -9, 2005 be proclaimed as "Niagara International Kite Festival Weekend RECOMMENDATION: For the Approval of Council 3. CUPE OCBCC Re: Child Care Worker Early Childhood Educator Appreciation Day requesting that Wednesday, October 26 2005 be proclaimed as Child Care Worker Early Childhood Educator Appreciation Day. RECOMMENDATION: For the Approval of Council 4 4. Niagara Falls Public Library Public Library Week Proclamation requesting that Ontario Public Library Week will be celebrated throughout our province from October 17 to 23, 2005. RECOMMENDATION: For the Approval of Council 5. Ministry of Transportation Request to rename Highway 405 to "General Brock Parkway RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES (Alderman Wayne Campbell, Chair) RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2005 -10, Selection of Auditor for Municipal Election Compliance Audit, Proposal P48 -2005 F- 2005 -46, Municipal Accounts L- 2005 -31, Conveyance of former CNR Right -of -Way to owners of 8800, 8722, 8734, 8744 Champlain Drive L- 2005 -34, Declare Surplus, 4222 May Avenue 5 L- 2005 -36, Letters Patent to the City of Niagara Falls, Part 2 on Reference Plan 59R -1340 and Parts 1, 2 and 4 on Reference Plan 59R -1397 L- 2005 -37, Release of Agreements, McLeod Road and Alex Avenue, Part 1 on Reference Plan 59R -4958 L- 2005 -38, Marijuana Grow -Ops, File 2005 -187 MW- 2005 -113, Tender #2005 -01 2005 -2008 Street Lighting, Servicing City Wide Contract MW- 2005 -115, Authorized Requestor Agreements R- 2005 -51, Lease Agreement Phoenix Physiotherapy, MacBain Community Centre R- 2005 -48, Naming of Gary Hendershot Memorial Trail RESOLUTIONS THEREFORE BE IT RESOLVED that Deloitte Touche LLP be chosen as the auditor to conduct a municipal election compliance audit regarding the 2003 election campaign finances of mayoral candidate Wayne Thomson. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -164 A by -law to authorize the execution of a Subdivision Agreement with 456941 Ontario Ltd. respecting Garner Village Subdivision. 2005 -165 A by -law to authorize the execution of a Subdivision Agreement with River Realty (1976) Inc. respecting Garner Estates Subdivision Phase 5. 2005 -166 A by -law to authorize the execution of a Subdivision Agreement with Nicola Golia and Esther Golia respecting Golia Estates Subdivision. 6 2005 -167 A by -law to authorize the execution of a Lease with Mark Danecker, operating as "Phoenix Physiotherapy" respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -168 A by-law to establish Parts 2 and 4 on Reference Plan 59R -12845 as a public highway, to be known as and to form part of Drummond Road. 2005 -169 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. 2005 -170 A by -law to amend By -law No. 79 -200, to permit the expansion of an existing tourist commercial complex. (AM- 19/2005, 4214 May Avenue) 2005 -171 A by -law to authorize the payment of $3,634,805.17 for General Purposes. 2005 -172 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3' day of October, 2005 NEW BUSINESS Community Services Department Parks, Recreation Culture Inter Department Memorandum TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 4330 RE: The Niagara Falls Falcons Midget Boys Baseball Team Ontario Baseball Association Champions Awards at Council Monday, October 3, 2005 The Niagara Falls Falcons Midget Boys Baseball Team became the Provincial Champions on the weekend of August 27 28, 2005 in Sarnia, Ontario. The Niagara Falls Falcons, ages 16, 17 and 18 years, won five straight games to win the Ontario baseball Association AA tournament title. On Sunday, August 28, Niagara Falls defeated the pre tournament favourite Peterborough, with a 2 -0 victory to claim the title. In the championship game, Dave Liefl and Jesse Leger scored the only runs for the Falcons, while Pitcher Jake Pysher contributed to the shut out. In the semi-final match, Dave Liefl pitched the complete game, beating the hometown Sarnia Braves 6 -0. Pitching was a strong point for the entire tournament. Previously, Dave Liefl, T.J. Bray, Barry Crosswell, Jeremy Varley and Jake Pysher combined for terrific pitching, while Ryan Langdon enjoyeda run scoring triple. Coaches credited strong pitching, timely hitting and solid defence for the victory. Their regular season included 15 wins and only one loss. Team Members include: Cam Cartwright Jesse Leger Aaron Butler Derrick McIntyre Jake Pysher Sean Dempsey Barry Crosswell David Liefl Jeremy Varley Randy Luciano T.J. Bray Nick McLeod Ryan Langdon Coaches: Tim Topping, Head Coach and Manager Jay Leger, Neil Duerksen, and Bob Pysher Cathy, please prepare plaques to honour the team members for the October 3, 2005 Council meeting. Thank you. cc. Dean Iorfida, Adele Kon S:Wwards\2005\NF Falcons Midget Boys Baseball Team Ontario Champions Oct 2005.wpd The City of (t Niagara Falls Canada DATE: September 6, 2005 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Community Services Department Parks, Recreation Culture Inter Departmental Memorandum To: From: Thanks, Cathy. LA: Encl. Cathy Crabbe Mayor's Office Lori-Lyn Albanese Community Development Coordinator Extension 4330 Subject: October 3, 2005 Council Presentation to: Alex Bright Provincial Basketball Champion Alex Bright, 13, of Niagara Falls, plays on the Regional Bantam Basketball Team, which recently captured the Provincial title. Alex Bright is the only Niagara Falls member of the Regional Basketball Team. The team consists of 12 boys from across the region, who competed in Basketball Ontario's Elite Bantam Development Program. Capturing the gold medal, the team defeated eight teams during separate tournaments held in Whitby and at York University. The basketball development program uses a camp /tournament format to further develop basketball skills in a competitive environment. Alex plays a shooter guard for the elite Niagara team. Niagara Falls Coach Brian Mulligan stated that in the semi -final game, Alex made a three point shot, which helped the team win the game. In the final game, Alex was hurt, but determined not to give up, he still tried to play. The coach states that Alex has a slight build but plays tough and he said it is great to see a Niagara Falls boy playing so well and getting recognition. I have attached copies of articles from The Review. Please prepare a plaque for Alex Bright for the presentation at Council for Monday, October 3, 2005. Lori- Lyn Albanese cc. Adele Kon, Dean Iorfida S:\Awards\2005\Alex Bright Gold Medal Provincial Basketball Champion.wpd Working Together to Serve Our Community August 30, 2005 The City of Niagara Falls Canad� Community Services Department Parks, Recreation Culture Inter Departmental Memorandum To: Cathy Crabbe Mayor's Office From: Lori-Lyn Albanese Community Development Coordinator Extension 4330 Subject: October 3, 2005 Council Presentation to: Adriana Gallo Under 15 Provincial Soccer Team Gold Medal Provincial Champion Adriana Gallo recently returned home with a gold medal from the Provincial Soccer Championships, at the Rocky Mountain Cup in British Columbia. Adriana Gallo, a grade ten St. Paul High School student, plays on the St. Paul Patriots Soccer Team, the Ontario Youth Soccer League Dixie Saints and was selected for the Provincial Team. She is the winner of the Ontario Youth Soccer League's Golden Boot for the top scorer in her league. Adriana hopes to receive a university or college soccer scholarship in the future. Tony Ronca, her Dixie Coach, believes that with her tremendous ability and academic marks, she will earn a soccer scholarship, noting that she is a natural, exceptionally confident striker. Adriana has been playing soccer since she was six years old and has played with Team Ontario for three years. Adriana Gallo 905- 354 -2191) Please prepare a plaque for her presentation at Council for Monday, October 3, 2005. Thanks, Cathy. Encl. cc. Adele Kon, Dean Iorfida Lori- Lyn Albanese S:\Awards\2005\Adriana Gallo Under 15 Soccer Team Provincial Champion.wpd August 30, 2005 The City of Niagara FaII Canad� From: Dean lorfida To: Teresa Fabbro Date: 9/22/2005 2:29:55 PM Subject: Fwd: October awards Wendy Canavan 9/7/2005 12:39 PM Hi Dean, To kick off small business month in October business development would like to include the following businesses to receive a plaque from the city during the 3rd meeting, or if not possible than on the 17th: Myer Salit Steel (100 th Anniversary Year) Gordon Wright Electric (75 years) Peglow Tool Die Inc. (25 years) Feature stories will be included in a newsletter format and a brief overview of the company will be provided to the Mayor to read out during the presentations. If you know of any other businesses that we should feature this year please let me know. Thank you, Wendy Wendy Canavan Economic Development Officer Business Development City of Niagara Falls, Ontario, Canada Tel. 905 356 -7521 Ext. 5002 Fax. 905 357 -9293 email wcanavan cacity.niagarafalls.on.ca website www.city.niagarafalls.on.ca The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that Council approve the requested amendment application which would allow for the expansion of an existing building and its conversion into a dwelling in an Environmental Protection Area and a Hazard Land Zone. BACKGROUND: Corporate Services Department PD- 2005 -77 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 October 3, 2005 Re: PD- 2005 -77, Official Plan and Zoning By -Law Amendment Application AM- 06/2005, 3965 Oliver Street Applicant: Ralph Terrio Agent: Wayne Thomson Expansion of a Dwelling Located Within an Environmental Protection Area Designation and Within a Hazard Zone Ralph Terrio has requested an amendment to the Zoning By -law for a 413 square metre (0.1 acre) parcel of land on the north side of Bridgewater Street opposite Oliver Street, as shown on Schedule 1. The land is owned by the City and leased to the applicant. The applicant was originally proposing to construct a 2- storey, 130 square metre (1,400 square foot) addition to the existing boat house to create a 165 square metre (1,777 sqaure foot) dwelling unit. However, at the Council Meeting of July 25, 2005, the applicant's agent indicated the dwelling was being reduced to the current proposal, and Council deferred the application. The applicant is now proposing to construct a 1- storey, 81 square metre (870 square foot) addition. Details are shown on Schedule 2. The subject land is currently designated Environmental Protection Area in part and Residential in part in the Official Plan and zoned Hazard Land (HL). Expansion of the existing building and its proposed use as a dwelling are prohibited by both the Official Plan and Zoning By -law. The applicant proposes to add special policies to the Official Plan to permit the use and expansion of the existing building for a dwelling unit. A corresponding zone change to permit the proposal is also being sought. The land is an unopened road allowance area owned by the City and leased to the applicant under a 40- year agreement. Council granted the applicant's request at its September 20, 2004 meeting seeking authorization to apply for the subject amendments. At that time, a 49 square metre (532 square foot) addition was proposed. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 2 PD- 2005 -77 The land is an unopened road allowance area owned by the City and leased to the applicant under a 40- year agreement. Council granted the applicant's request at its September 20, 2004 meeting seeking authorization to apply for the subject amendments. At that time, a 49 square metre (532 square foot) addition was proposed. Although Mr. Terrio describes the building on the subject land as an existing dwelling, it is understood by staff that the building is a boathouse which has been used as a seasonal private use. Municipal water and sewer services were extended to this boathouse in 2002, but no building permits to convert the boathouse to a dwelling have been issued. As such, it has been determined the application involves the establishment of a new dwelling unit. Surrounding Land Uses The Welland River lies to the north of the land. To the east and west are undeveloped lands owned by the City and Ontario Power Generation and leased to individuals for docks, while to the south, on lands designated and zoned for residential uses, there are dwellings. Circulation Comments Regional Municipality of Niagara The establishment of a dwelling on this site is contrary to the Provincial Policy Statement, the Regional Policy Plan and the Fill Regulations of the Niagara Peninsula Conservation Authority due to its location in a hazardous /environmentally sensitive area. The Region is opposed regardless of the size of the addition and their original comments still apply. Niagara Peninsula Conservation The NPCA remains opposed to this application. Authority (NPCA) The size of the dwelling does not affect their position. Parks, Recreation Culture Parks, Recreation Culture does not support this application. It is not located in an area designated for residential development and the building will block a future recreational trail contemplated to cross this land. City Clerk No comments. Building and By -Law Services Notwithstanding the Official Plan designation and the zoning of this land, a building permit cannot be issued without the applicant first obtaining approval from the NPCA. Municipal Works The applicant needs to plot the City's existing storm sewer on the plan to ensure it is not affected and allocate a road widening of 2.4 metres along Bridgewater Street. October 3, 2005 3 PD- 2005 -77 In addition, the City has received a number of letters of objection to this application from nearby residents, citing concerns about public access to the waterfront and erecting a dwelling in a floodplain. Planning Analysis Despite the reduction in overall floor area, the revised proposal will still represent a risk to public safety due to construction within a floodplain, will still impact on environmental lands and does not comply with the Official Plan. The attached staff report (PD- 2005 -49) contains a detailed planning analysis that is still relevant, as summarized below. 1. The requested Official Plan amendment does not meet the criteria to consider an Official Plan change. The portion of the land below the Regional floodline is designated Environmental Protection Area, while the balance of land is designated Residential. As Environmental Protection areas have unique natural habitat that needs protection or are lands subject to flooding, buildings and structures are prohibited unless approved by the NPCA and use of land is restricted to conservation forestry, wildlife management and flood and erosion control. Residential lands are intended to be used primarily for a variety of dwelling units. The requested change does not meet the required criteria to consider an Official Plan change as detailed in the attached staff report, PD- 2005 -49, and summarized below: The NPCA has specifically noted that the boathouse and addition are in the floodplain and that water levels, while regulated by Ontario Power Generation, are allowed to rise to a level that will affect the proposed dwelling. The NPCA's regulations do not permit this dwelling due to the potential risk to life and property. The Official Plan intends that these lands be maintained under public ownership and be available to provide passive recreational opportunities for all residents. The City granted long -term leases for City -owned right -of -ways along the Welland River to private interests for continued use of existing structures. Further entrenchment of private uses with new dwellings or major building additions is not the intent of these leases. Entrenching a substantially sized dwelling on this site will reduce the opportunities of eventually restoring public uses on the land and therefore is contrary to the Official Plan. The study completed by the applicant's environmental consultant concludes the development would appear to have an adverse impact on the fish resources and habitat in the Welland River, an opinion shared by NPCA and Regional Planning staff. The site is not suitable for residential development. Approval of the Official Plan and Zoning By -law does not necessarily facilitate construction of the addition. As noted by Building and By -law Services, approval by the Niagara Peninsula Conservation Authority (NPCA) is needed before a building permit can be issued. The NPCA is opposed to development of a dwelling and building expansion on this land. October 3, 2005 4 PD- 2005 -77 2. Expansion of the boathouse to create a new dwelling does not meet the intent of the Zoning By -law. The land is zoned Hazard Land (HL). This zone does not permit expansion of the existing building, with the intent of prohibiting occupancy where there is a safety risk to the public and to private property and where there is a potential impact to the natural environment. Approval of this application would compromise the intent of the Zoning By -law. 3. The reduction of the size of the dwelling does not reduce its impacts. The revised proposal is for a one storey building with a major addition sited in the same area as the original proposal, but with a larger footprint. This will likely result in a larger excavation and greater roof runoff, perhaps increasing the impacts on environmental lands. This dwelling will still be at risk from flooding and would still represent an entrenchment of a private use on public land. 4. Other Cottages on Leased Lands At the last Council meeting, the agent for the applicant raised concerns over other cottage owners on leased lands being allowed to expand their buildings. The same opportunity should be afforded to his client. In 2002, the City renewed seven leases on its unopened road ends abutting Welland River for 40 -year terms. These parcels have cottages and boathouses on them that predate the current zoning regulations. There are no building records of expansions occurring under the current zoning regulations. The only record of a building permit being issued is for the cottage on the parcel known as 4078 Front Street, which forms part of the unopened Pell Street allowance, on the north side of Welland River. This building permit allowed for the restoration of the existing cottage but did not permit any expansion. Zoning By -law No. 79 -200 permits the restoration of non conforming buildings provided that this restoration does not increase the floor area or dimensions of the building. CONCLUSION: The revised application to amend the Official Plan and Zoning By -law to expand and convert the existing boathouse into a dwelling cannot be supported for the following reasons: 1. A dwelling would be created within the floodplain of the Welland River, creating a safety risk for the public and for private property. 2. Construction of the dwelling would have a similar sized footprint and would have an adverse impact on the fish habitat of the Welland River. 3. The Niagara Peninsula Conservation Authority (NPCA) and the Regional Municipality of Niagara are in opposition to this revised proposal as it is contrary to their regulations and policies. 4. A private use will be further entrenched on this public property, reducing the potential of chances of having the parcel eventually restored for public uses. October 3, 2005 5 PD- 2005 -77 5. A building permit for this addition cannot be issued without the support of the NPCA. 6. The requested Zoning By law amendment does not meet the intent of the Zoning By law. A review of building records indicates that no other cottage on leased lands abutting Welland River appears to have been expanded under a building permit. Prepared by: Andrew Bryce Planner 2 Recommended by: AB:ko Attach. Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services S :\PDR\2005\PD2005 -77, AM06 -2005, OliverSt.wpd Respectfully submitted: John MacDonald Chief Administrative Officer V/z SCHEDULE 1 LOCATION MAP Subject Land Amending the Official Plan and Zoning By -law No. 79 -200 Location: 3965 Oliver St Applicant: Ralph Terrio RECEIVED AUG 3 0 2005 PLANNING R nt-wci /1x11 AM- 06/2005 s 1:NTS June 2005 SITE PLAN acua: ur e•r SCHEDULE 2 WELLAND RIVER BRIDGEWATER STREET LOT 50 Niagara Region PLANNING AND DEVELOPMENT September 7, 2005 Files: D.10.M.11.21 D.10.M.11.23 Mr. Andrew Bryce, Planner 2 City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Revised Amendment Applications Dwelling Beside the Welland River Bridgewater Street, opposite Oliver Street City of Niagara Falls Your File No AM- O$4005 tw/Revised Applications- Bridgewater St-NF David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. P. Bond, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905 641.5208 E -mail: plan ©regional.nlagara.on.ca The above applications propose amendments to the City's Official Plan and Zoning By -law to permit the construction of an addition to an existing boathouse to serve as a dwelling. The applicant has now submitted a revised proposal which would reduce the size of the dwelling addition from a 2- storey, 1,400 square foot structure to a 1- storey, 870 square foot structure. However, the footprint of the revised addition has not changed significantly. Regional Planning staff provided comments dated June 15, 2005 and July 22, 2005 on the original submission. We were opposed to the approval of the proposed amendments because the establishment of a dwelling on hazardous lands is contrary to the provisions of the Provincial Policy Statement and the Regional Policy Plan and to the Fill Regulations of the Niagara Peninsula Conservation Authority. Our opposition to this proposal is based on the use a dwelling in a hazardous/environmentally sensitive area rather than on the size of the proposed structure. Therefore, our original comments still apply. Yours truly, Building Community, Building Lives. RECEIVED SEP 0 7 2005 PLANNING DEVELOPMENT E li NIAGARA PENINSULA CONSERVATION A U T H 0 R i 25o Thorold Road West,3rd Floor Tel (905) 78 Welland, Ontario L3C 3W2 fax (905) 788•112l Email: npcaOconservation•nlagara.on.ca September 6, 2005 File MPR 4.18 Mr. Andrew Bryce, Planner 2 Planning and Development City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: Subject: "REVISED" Application for Zoning Bylaw and Official Plan Amendment Ralph Terrio, 3965 Oliver Street Your File AM-06/2005 Conservation Authority staff have reviewed the above noted "REVISED" application for Official Plan and Zoning Bylaw Amendment and offer the following comments and observations for your consideration. The submission has been revised to show a one storey, 870 sq. ft. addition to the existing boathouse. From the NPCA's perspective, the size of the proposed dwelling is not relevant. As such, our comments and recommendation to you dated June 3, 2005 remain as stated. The NPCA does not support the proposed amendments. Trusting the enclosed to be satisfactory, please send notice of your Council's decision. Yours tru Paul Bond Watershed Planner (ext. 234) PEB cc: Regional Niagara Planning and Development Dept. (fax 905- 641 -5208) L. Campbell Associates, 360 Park Road North, Grimsby L3M 2P6 Wayne Thomson, P.O. Box 62, Queenston, ON LOS 'ILO Planning Scanned file• RECEIVEC SEP 0 8 2005 PLANNING DEVELOPMF'•'T FJ NIAGARA PENINSULA CONSERVATION "A U T H O R 1 T Y 250 Thorold Road West, 3rd Floor Tel (905) 788 Welland, Ontario 13C 3W2 Fax (905) 788-1121 E -mail: npca @conservation- niagara.on.ca June 3, 2005 File MPR 4.18 Mr. Andrew Bryce, Planner 2 Planning and Development City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: Subject: Application for Zoning Bylaw and Official Plan Amendment Ralph Terrio, 3965 Oliver Street Your File AM- 06/2005 RECEIVED JUN 0 7 2005 PLANNING DEVELOPMENT Conservation Authority staff have reviewed the above noted application for Official Plan and Zoning Bylaw Amendment and offer the following comments and observations for your consideration. The application proposes to amend the Environmental Protection Area designation and Hazard Land zoning for the lands to permit enlargement of the existing boathouse for use as a residential dwelling. An Environmental Impact Study was completed (L. Campbell Associates May 2005) and accompanied the submission. As a note, the application form submitted identifies the existing structure as a "dwelling" (sec. 9(a) and (b), and sec. 13). Correspondence from the City of Niagara Falls dated February 16, 2005 (Clark/Thomson) confirms that "The existing structure is not a dwelling and has not been used as such. It was originally constructed and used a s a boat house that has since gone through a period of transformation becoming a more seasonal private or passive recreational type use for the benefit of Mr. Terrio. It will be important that in Mr. Terrio's formal application he clearly identifies the current use of this structure and his intentions with respect to what he wants to construct and for what purpose." The application further indicates that permission is being sought to enlarge /extend an existing dwelling (sections 11 and 13). Architectural drawings forwarded to our office by the applicant, prepared by Peter J. Lesdow, Architect, show a newly constructed two storey dwelling, with the boathouse removed. Given the proximity of the proposal to the Welland River, the NPCA's review interests pertain to our Natural Hazard review responsibilities (flooding in this instance) and fisheries review on behalf of the Region /MNR and the Federal Department of Fisheries and Oceans (DFO). Water levels in the lower reaches of the Welland River are controlled by OPG, through procedures and levels established by the International Great Lakes Joint Commission. Because of this, the upper limit, or maximum allowable elevation under normal and /or ice conditions was selected as the Regulatory Flood elevation from Chippawa Creek to the Queenston Chippawa Power Canal. The Regulatory Floodplains as a result of the hydrologic and hydraulic analyses, as well as the above adopted regulatory Flood elevation, were plotted on our NPCA flood risk maps. The Regulatory flood elevation at this particular site is 171.6m (IGLD). All of the existing structure is located within this floodplain limit. Nearly all of the subject property is located within a Fill Regulated area. The objectives of the Authority's floodplain regulations are, in part, to regulate uses of floodplains and any development within them which in future years may require emergency operations and expensive protection measures; and, to minimize the potential for Toss of life and property damage. To this end, the Authority's Fill, Construction and Alteration to Waterways Regulation (0. Reg. 99/91, as amended) does not permit a new residential dwelling in a floodplain. In summary, the Niagara Peninsula Conservation Authority does not support the approval of the proposed zoning bylaw and official plan amendment. Construction of a residential dwelling in the floodplain is not consistent with the objectives of the Authority's. Fill, Construction and Alteration to Waterways Regulation. The applicant may wish to discuss with City staff the possibility of development outside of the floodplain. Authority staff are unsure of the total lands available in this instance. Further, the existing Hazard Land zoning and Environmental Protection Area designation of the lands is appropriate given the existing flood hazard and fisheries classification of the Welland River. 2 The Welland River has been identified as a Type 1 "Critical" Fish Habitat by the Ministry of Natural Resources. This designation indicates the presence of sensitive species and /or habitat. Development adjacent a Type 1 habitat requires a minimum 30m naturally vegetated buffer,measured from the edge of the watercourse. It is proposed that the existing structure remain unaltered, while the new dwelling be constructed approximately 5m from the watercourse. As stated in the EIS, the increase in impervious surface area associated with this project has the potential to alter water quality and promote sedimentation. In order to better assess any potential impacts to the watercourse, the NPCA requires that the proponent provide a detailed sediment and erosion control plan as well as a comprehensive planting plan. It should also be noted that the NPCA has entered into an agreement with the Federal Department of Fisheries and Oceans (DFO) to undertake proposal screening for that agency. Accordingly, projects involving work in or near watercourses which may have the potential to cause a harmful alteration, disruption or destruction to fish habitat (HADD) are referred to DFO for their review and approval prior to approvals being issued by the Conservation Authority. The proposed addition to an existing structure which is already partially offshore will likely require review and Authorization from the DFO. This would be arranged through our office. Trusting the enclosed to be satisfactory, please send notice of your Council's decision. Yours truly, Paul Bond Watershed Planner (ext. 234) PEB cc: Regional Niagara Planning and Development Dept. (fax 905 641 -5208) L. Campbell Associates, 360 Park Road North, Grimsby L3M 2P6 Wayne Thomson, P.O. Box 62, Queenston, ON LOS 1L0 September 3, 2005 b 2BY5on) .Jieecrok 6r amAliutioG AND .�c ✓EL�f'lvl�N1� Letter to the Editor, Mayor Ted Salci and City Councilors: Re: Parcel of Land North side of Bridgewater Street on the Welland River at Oliver Street in Chi awa. In response to the Review article on Saturday, September 3, 2005, Page A6 "Revised Public Meeting Notice- Official Plan and Zoning Bylaw Amendment Application. City File AM 06 2005 Revised The applicant originally proposed to construct a two storey 1400 sq. ft. addition to the existing boathouse to create a dwelling unit. The applicant is now asking for a one story, 870 sq. ft. addition. As was stated regarding the last application for this parcel of land, I, as well as other long time residents of Chippawa o c n any type of residential dwelling on this parcel of land, or any of the land from the man Bridge to the Lyons Creek Bridge across from the Boat Club on the Welland River. The land should be preserved for Boat Docks only with its' beautiful green space for residents to view and utilize. The land is currently zoned environmental protection area in part and residential in part. In the official plan it is zoned hazardous land (HL). Expansion of the existing building and proposed use as a dwelling are prohibited in both the official plan and the zoning bylaw. The applicant proposes to add special policies to the official plan to permit and expand the existing building for a dwelling to live in. A corresponding change to the permit is also being sought. I feel, as other long time residents do, to keep this area as a Boat House/Docking area only. I think the residents concern supercedes any application or proposals by the applicant and his representative. No dwellings! Whether it is a two storey, 1400 sq. ft or a one storey, 870 sq. ft. along this area of the Welland River. liff Koabel Concerned Chippawa Citizen RECEIVED SEP 0 9 2005 PLANNING DEVELOPMENT Mr. James Doherty 3986 Bridgewater Street Niagara Falls, Ontario L2G 6H7 September 17, 2005 Mr. D. Darbyson Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Darbyson, RE: FILE AM-06 /2005 As in July, I wish to express my opposition to any addition to the present, so called, boat house on Bridgewater Street This has not been a boat house, per say, for goodness knows how many years. I would prefer to see the present building become the basis for a 870 square feet dwelling if any allowances are to be made, and I would rather the council just leave things as they are. I attended the meeting of July 25, 2005 and although I have respect for Wayne Thomson, I do not agree with some of his comments pertaining to this property. He showed photos of the present building with the plea that it is a mess and a new building would be better. The reason this property is a mess is because the owner, unlike the neighbours, has made no attempt to make it anything other than a mess. In fact, I found it curious that just before the meeting in July; some people showed up residing in the boat house with a television outside on a picnic table, loud enough to be heard by all and partook in many other disturbing acts into the late hours. Mr. Thomson made some remarks about his area being a flood plain and gave his reasons for this not being of any concern. One only has to look to recent happenings in the southern U.S. to see when Mother Nature decides to let loose, there can be little escape. After the Red River Floods out west, scientists made it clear that we have a habit of living on flood plains, much to our detriment at times. Even the ancient Egyptians resided above the flood plains and used those areas for crop growing. Mr. Thomson claims that a precedent has been set. It would seem to me that most agreements pertaining to these areas were with the Village of Chippawa. Planning z Scanned o-swn File: RECEIVED SEP 19 2005 PLANNING DEVELOPMENT I Perhaps a precedent could and should be set that puts an end to any further development. A precedent can be either a beginning or an ending. Is it possible that this building will be sold after council agrees with this development? I would sincerely ask council to turn down this application because of it being contrary to the Official Plan and Zoning by -law. Yours Sincerely, i c M. Doherty The City of Niagara Falls Canada Members: Proposal RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2005.49 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X6 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Deferred to enable Council to review the proposed changes Fax: (905) 356 -2354 and that the amended application be re circulated E -mail: planning@city.niagarafalls.on.ca to residents for comment. His Worship Acting Mayor Vince Kerrio and Members of the Municipal Council City of Niagara Falls, Ontario July 25, 2005 ITHIS MATTER DEFERRED BY COUNCIL Re: PD- 2005 -49, Official Plan Zoning By -law Amendment Applications AM- 06/2005, 3965 Oliver Street Applicant: Ralph Terrio Agent: Wayne Thomson Expansion of a Dwelling Located within an Environmental Protection Area Designation and within a Hazard Land Zone It is recommended that Council not approve the requested amendment applications which would allow for the expansion of an existing dwelling in an Environmental Protection Area and a Hazard Land zone. Ralph Terrio has requested an amendment to the Zoning By -law fora 413 square metre (0.1 acre) parcel of land on the north side of Bridgewater Street opposite Oliver Street, as shown on Schedule 1. The land is owned by the City and leased to the applicant. The applicant is proposing to convert the existing boat house into a dwelling and add a 2- storey, 130 square metre (1,400 square foot) addition resulting in a 165 square metre (1,777 square foot) dwelling. Details are shown on Schedule 2. The subject land is currently designated Environmental Protection Area in part and Residential in part in the Official Plan and zoned Hazard Land (HL). Expansion of the existing building and its proposed use as a dwelling are prohibited by both the Official Plan and Zoning By -law. The applicant proposes to add special policies to the Official Plan to permit the use and expansion of the existing building for a dwelling unit. A corresponding zone change to permit the proposal is also being sought. The land is an unopened road allowance owned by the City, which is subject to a 40 year lease in favour of the applicant. Ralph Terrio approached Council at its September 20, 2004 meeting seeking authorization to apply for the subject Zoning By -law amendment. At that time, a 49 square metre (532 square foot) addition was proposed which would result in an 84 square metre (909 square foot) cottage. Council granted this request. Staff had recommended denial of this request because the expansion of the dwelling would entrench a private use on publicly owned lands. A copy of staff report PD- 2004 -84 is attached for reference. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development July 25, 2005 Staffreport PD- 2004 -84 also deals with authorization of a Zoning By -law amendment application for Mr. and Mrs. Erwin, who similarly lease the unopened Sodom Road road allowance abutting Welland River. Council approved the Zoning By -law amendment application submitted by Mr. and Mrs. Erwin earlier this year. The Erwin application differs in several respects from the Terrio application as follows: an Official Plan amendment was not required; an EIS submitted with the application indicated no adverse impacts; and the Region and NPCA did not object to the application. Although Mr. Terrio describes the building on the subject lands as an existing dwelling, it is understood by staff that the building is a boat house which has been used as a seasonal private use. Municipal water and sewer services were extended to this boat house in 2002, but no building permits have been issued that would see this boat house converted to a dwelling. As such, it has been confirmed to the applicant that this application involves the establishment of a new dwelling unit. Surrounding Land Uses The Welland River lies to the north of the property. To the east and west are undeveloped lands owned by the City and Ontario Power Generation, while to the south, on lands designated and zoned for residential uses, there are dwellings. Circulation Comments Regional Municipality of Niagara Welland River has been identified as a Type 1 "Critical" Fish Habitat by the Ministry of Natural Resources that could be sensitive to environmental disturbances. A 30 metre vegetated buffer is normally required adjacent to such water courses, on the subject property the addition would be constructed only 5 metres from the water course, therefore having a high potential of adversely impacting the fish habitat. Niagara Peninsula Conservation Authority (NPCA) 2 PD- 2005 -49 The boat house and dwelling addition are within the regulatory flood plain. The new Provincial Policy Statement states that development and site alternations shall not be permitted within a flood plain. Therefore, the proposed development would be contrary to the Provincial Policy Statement and would result in a higher risk to public safety and property damage. Regional Planning staff is unable to support approval of the proposed amendments. As Welland River is a Type 1 "Critical" Fish Habitat, with sensitive species and/or habitat, a 30 metre vegetated buffer is required. The application does not provide this buffer. July 25, 2005 3 PD- 2005 -49 The dwelling falls within the regulatory flood plain (set at the maximum permitted water levels on this river, as controlled by Ontario Power Generation) and most of the lot lies within the fill regulated area. NPCA's regulations do not permit a new dwelling in a flood plain. NPCA does not support this application. Municipal Works An existing City stormwater sewer runs through the property, this sewer needs to be plotted on the plan to ensure the new dwelling does not affect this sewer. Environmental Impact Study A future road widening allocation of 2.4 metres along Bridgewater Street needs to be provided. Parks, Recreation Culture If Council approves the application, it should be conditional on a recreational trail being allowed through the land. Planning Analysis Any tree removal on the property is subject to City approval. Pursuant to the Official Plan and agency requirements for development in Environmental Protection Area designated lands, the applicant retained a consultant (Lisa Campbell and Associates) to conduct an Environmental Impact Study. This study concluded that construction of the addition would likely result in a harmful alteration, disruption or destruction of fish habitat in Welland River and/or shoreline areas due to the proximity of the construction to the river. Authorization from the Department of Fisheries and Ocean would be required. The consultant also indicated certain mitigation measures, such as limit of work fencing and silt fencing to protect the shoreline and river and enhancement of overhanging of vegetation along the shoreline to improve the habitat of fish, if this development is approved. Due to the public safety concerns caused by building a dwelling in a flood plain, the potential negative impacts on environmental areas (Welland River and the shoreline) and the lack of conformity with the City's Official Plan policies, this application cannot be supported. The following is a summary of the planning analysis. 1. The requested Official Plan amendment does not meet the criteria to consider an Official Plan change. Amendments to the Official Plan may be considered subject to a set of criteria outlined in Part 4, Section 2.6. The application does not meet the relevant criteria as follows: a) The conformity of the proposal to the general objections of the Plan. The portion of the land below the Regional flood line is designated Environmental Protection Area, while the balance of the land is designated Residential. Environmental Protection Areas are lands that have high quality plant and animal communities and unique July 25, 2005 4 PD- 2005 -49 fish, plant and wildlife habitats that are to be protected, or are lands subject to flooding where development may pose a risk to occupants or properties. Use of land is restricted to conservation forestry, wildlife management and flood and erosion control. Buildings and structures within Regional flood lines are prohibited unless approved by the NPCA. In addition, Environmental Protection Area lands along Welland River are intended to be acquired or maintained under a public agency. Residential lands are intended to be used primarily for a variety of dwelling units. Due to its location entirely within the Environmental Protection Area and within the flood plain, the proposed dwelling cannot be considered in conformity with the general objectives of the Official Plan. Although water levels on the Welland River are regulated by Ontario Power Generation at the intake to the power canal, the water levels are permitted to rise to a level that will affect this dwelling. The NPCA has specifically noted their regulations do not permit this dwelling, due to the potential risk to life and property and the potential negative impacts to Welland River (as outlined in the report by the applicant's consultant). With NPCA's opposition, and the risks to public safety on private property, this application cannot be supported. The policies also indicate the land is intended to be maintained under public ownership. Entrenching a private use on the land does not conform to the Environmental Protection Area policies. Council granted a 40 -year lease on the property for the continued use of the existing boat house (Staff Report L- 2002 -10). Instead a substantial permanent dwelling will be created with this application. This proposed building has doubled in size from 84 square metres (909 square feet) to 165 square metres (1,777 square feet) since Council authorized the leasee to pursue development approvals to permit the expansion. Council's ability to have the dwelling removed and to ensure the Welland River waterfront is maintained for public recreational use will be compromised. b) Suitability of the site for the proposed use, especially in relation to other sites or areas of the City. As the site of construction is located entirely within a flood plain and has the potential of adversely impacting fish habitat, the site is not suitable for residential development. A large inventory of residential land is available in the City for housing as opposed to building in flood plain areas. c) Compatibility of the proposed use with adjacent land use designations and natural resources and its impact on the natural environment. The study completed by the applicant's environmental consultant concludes the development would appear to have an adverse impact on the fish resources and habitat in the Welland River. Although the consultant has recommended mitigation methods, adverse impacts on this resource is probable. The NPCA and the Regional Planning staff share this opinion and recommend the application not be approved. Although a single detached residence would not be out of character with the existing low density residential uses on the south side of Bridgewater Street, the intent of the Official Plan is that lands along Welland River are to be maintained under public ownership wherever possible so that they can provide passive recreational opportunities for the residents of Chippawa_ Entrenching a private use on publicly owned land, particularly in a designated Environmental Protection Area, runs contrary to the intent of the Official Plan. July 25, 2005 5 2. Expansion of the boat house to create a new dwelling does not meet the intent of the Zoning By -law. CONCLUSION: The application to amend the Official Plan and the Zoning By -law to expand and convert the existing boat house into a dwelling cannot be supported for the following reasons: a dwelling would be created within the flood plain of Welland River, creating a safety risk for the public and for private property; construction of the dwelling would have an adverse impact on the fish habitat of Welland River; the requested Zoning By -law amendment does not meet the intent of the Zoning By -law. Prepared by: Andrew Bryce Planner 2 The land is zoned Hazard Land (HL). This zone does not permit expansion of the existing building, with the intent of prohibiting occupancy where there is a safety risk to the public and to private property and where there is a potential impact to the natural environment. Approval of this application would compromise the intent of the Zoning By law. the Niagara Peninsula Conservation Authority and the Regional Municipality of Niagara do not support this application as it is contrary to their regulations and policies; and Recommended by: Approved by: AB:gr Attach. /(4-a Doug Darbyson Director of Planning Development Tony Ravenda Executive Director of Corporate Services S :1PDR\2005\PD2005 -49, AM-06 -2005, 3965 Oliver Street.wpd Respectfully submitted: John MacDonald Chief Administrative Officer PD- 2005 -49 Amending the Official Plan and Zoning By -law Nos. 79 -200 and 5335, 1955 Location: 3965 Oliver St Applicant: Ralph Terrio t( G S ReyestA2005 SchedulaimningAMMM 06\mappins.spc SCHEDULE 1 LOCATION MAP Subject Land AM- 06/2005 s 1:NTS hmc 2005 LOT 51 et :4 eol SITE PLAN SCALE trr SCHEDULE 2 WELLAND RIVER V V N 43'40 BRIDGEWATER STREET LOT 50 The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.clty.niagarafalis.on.ca Tel: (905) 356 -7521 Fax: (905) 356 -2354 E mail: planning @city.niagarafalls_on.ca September 20, 2004 Re: PD- 2004 -84, Proposals to Expand Buildings Located on the Sodom Road and Oliver Street Road Allowances RECOMMENDATION: P0 20 0484 D aarbyson The recommendation(s) contained in this report were adopted as amended by City Council It is recommended that Council rift support the request to authorize amendment applications for the road ends of the Sodom Road and Oliver Street road allowances: *and further, that Mr. Mrs. Erwin agree to an easement over the property for the purpose of a recreational trail. BACKGROUND: Peggy Erwin and Ralph Terrio wish to erect additions to the buildings they have constructed on lands they lease from the City which are, respectively, the ends of the Sodom Road and Oliver Street road allowances next to the Welland River. Schedule 1 shows the locations of the subject lands. The road allowances are owned by the City but are leased to Ms. Erwin and Mr. Terrio under 40-year agreements approved by Council last year. Mrs. Erwin proposes to construct a 612 sq. ft. addition to her existing 552 sq. ft. cottage, which would result in a 1,224 sq. ft. house. The intention is to create her year- round permanent residence there. Mr. Terrio proposes to build a 532 sq. ft. living area addition to his 377 sq. ft. boathouse, resulting in a 909 sq. ft. cottage. The proposals are shown as Schedules 2 and 3. The lands along the Welland River arc zoned Hazard Land (HL) by Zoning By -law 79-200. The HL zone recognizes existing dwellings (at the time of passage) but does not permit the conversion, extension or enlargement of the dwellings. Mrs. Erwin and Mr. Terrio are seeking Council's permission to submit an application to rezone the lands to allow for the enlargement of their buildings. This authorization is being sought because the City owns the lands. An earlierreport on this matter was deferred from the July 12, 2004 Council meeting at the request of the applicant. Overview The subject lands are designated, in part, Environmental Protection Area (floodplain lands) and, in part, Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning d Development CO 4- a) CD CD 0 0 E 0 0 1 P_I.N. 64255 -0019 INST.. N0 I72309 (RfMNNp fR) P.L?L 0 od d w n M io0io z ss18 over z Mosurn basic-A 4 0 0 h rn 0 to I U o Z b c O Cs c 64255- 0018(LT) 1 50.0' Pon k mew) SCHEDULE 3 (TERRIO) 50.0' tom set) yP4y Municipal Survey No. 830) 1_•x-� lPfn.. 9F C.,nrim a.{ by RIVER wafer's edge April 5, 2002. 3 o c z N43'40'50' E (REFERENCE BEARING) 41 sre (744) o O Jld OST SOUTHERLY CORNER OF LOT 49 1 P.I.N. 64255 0 04 Q BRA I GE WA:[ L' R (PLAN 251) (BY BY -LAW No. 70 --111, INST. 1 (FORMERLY WATER STRI LOT 48 P.LN. 64255 73 786.68 786.5 PARTICITLARS -2- Existing Building and Property The existing building was built in the early 1950's as a summer cottage_ Around 1980 my parents made upgrades- to the building and amenities_ Presently; the cottage is 550 square feet in size, fully insulated with energy efficient windows, electric heat, a new roof, cedar siding, and a contemporary cottage interior. The foundation is concrete block piers to grade level and the cottage has City services for sewer and water. The building was appraised in 2000, and was described as "well maintained and in good condition". Proposed Addition The addition we are proposing will be approximately 670 square feet and will be primarily located on north -east side ofthe existing structure. There will be no demolition to the structure and we d� not intend to add a basement. Attached am two suggested outside building elevations (Attachment 2), which we believe will fit nicely with the historic character of the neighbourhood. We have contacted a building design consultant and architect, who will work with us to design an attractive, unpretentious addition that will enhance the natural setting_ ADDRESSING YOUR CONCERNS Legal Department We are willing to meet your conditions to provide Builders Risk Insurance and will acknowledge the demolition of all buildings or structures at our expense, at the termination of lease. We are willing to discuss other amendments to the lease that you feel may be helpful. Zoning- Since this is an extension to the existing dwelling, we are prepared to make application to the Committee of Adjustment for a minor variance. We have decided to rescind our original proposal for a detached garage, and it will therefore not be necessary to pursue a- Zoning By -Law Amendment. Other Agencies We have spoken to and recently.written the Niagara.Peninsula Conservation Authority, the Regional Municipality of Niagara and the-Ministry of Natural Resources -to ensure our plans to do contravenetheir legislation. the recommendation of the NPCA, we acquired an amended land survey to indicate the flood plain contour. Accordingly, we have received verbal approval for our plans and are awaiting a written response to present to your office. Attached is a copy of the letter and site plan sent to these agencies (Attachment 3-and 4), indicating the revised survey showing the flood plain contour at 171.64m GSC, which is outside our building area. 24' 10 6 4145 am Street 12' N s aWi ^gym. 18' Attactirnent 1. Proposed building layout 34' existing building proposed addition 4351 Southerland Court Niagara Falls, Ontario L2G 7W4 May 20, 2004 Niagara Peninsula Conservation Authority 250 Thorold Road West 3 Floor Welland, Ontario L3C 32 Attention: Sarah Mastroianni Re: 4145 Main Street (Welland River, Chippawa) Dear Sarah: Thank you for your assistance and information regarding our proposed building addition along the Welland River in Chippawa. As we discussed, I have attached a site plan indicating the existing building and the proposed addition_ The addition will be approximately 672 square: feet and will primarily be located on the north -east side of the existing structure. The property has City services for sewer and water, so does not require a septic system. The present foundation is concrete block piers to grade level. We do not intend to add a basement for the addition, so there will be no placing or dumping of fill. You will note that this is our most recent land survey, which indicates the flood plain contours at 171.64 GSC for the area. Our building will be located entirely outside the tloodplain.. The City of Niagara Falls requires a written statement from your office confirming that our plans are not in contravention with any legislation under your jurisdiction. Would you kindly provide me with a letter that I may present to them? They have also asked that I contact the Region and the Ministry of Natural Resources for their written approval as well. Our intent is to protect the surrounding environment during the course of construction. Thanks for your help. Yours truly, c- Th\ Peggy Erwin Attachment 3. Copy of letter to Niagara Peninsula Conservation Authority i -Acn cant to Revlon and MNR) 6' 4145 Main Street 12' 18' 34' existing building proposed addition June 23, 2005 C QTY icy AM -O� �zco5 To: City Planning Development of Niagara Falls The Ontario Municipal Board From: CliffKoabel Niagara Falls Resident CC: Mayor Ted Salci and City Councilors, Niagara Falls Review Re: Public Meeting Notice of Rezoning the Parcel of Land North side of Bridgewater Street op posite of Oliver Street. Chippawa (June l 1105 Niagara Falls Review' As a life time resident of Chippawa 1 am opposed to the rezoning of the above mentioned property which sits along the Chippawa River Bank. This property belongs to the City and should be available for use to all residents of Chippawa. The Boat House that is now standing on this property, does nothing to beautify the creek side and should be taken down, not expanded into a private residence. This area could be utilized by locals or visitors instead of just one family. I don't feel the person leasing this parcel of land has the rights to expand on-the property for their own personal use or personal gain, as this property belongs to the City and the Tax Payers. Most of the property along the Creek is owned by Hydro and it is leased out or used by residents who have homes across the road from the riverbank. This property has become an endless row of signs stating "no trespassing" or "private property", when if fact the property should be accessible to all residents. I strongly feel that Council should not allow anyone to build any large structures on the Riverbank other than the already small boat docks which are in place currently. Disfiguring Chippawa's' beauty with this type of recommendation for rezoning this land is opening up a can of worms for more development along this area: By rezoning, long-term leasing or building this type of structure on this stretch of land.... What becomes of the property in the future? Can the lessee sell their premises or re-lease and profit from this? Again; the property is owned by the City and us, the Taxpayers. I say Loudly "NO" to rezoning, expanding or developing any of the property along the Riverbank in Chippawa, including this parcel of land. CliffKoabel 4065 Montcalm Cres. Niagara Falls (Chippawa) L2G 6M1 RECEIVED JUN 2 8 2005 PLANNING DEVELOPMENT ot E vl C h 4,0g v -1,---) he, h, g .V 044 3-1)K I __mu* Planni,: BSc -nnoc File: AA__ c t a /oil Gu V h ai h, r-h LI e_P j 11.0a0 oF ZA- Ai Ail 4./ --frk-reialo-14 e/rT 4;J a,7 /14 le;las .koa Coeex.i 4tPor. c>the Sg vigZ Zo aye, A- elyac 7b j onvicfitie g jo y 07._ 2 4 J iky 5 .2 C" .•„0-z4,,-.01Aezzo oc-ie/c _49.17frzot,"0-74 7Z! _au 41,014_41 26r-Aa- As Jrif gdi1Lc-idif7x 'IanninVevelopment Zoning By Law No 79-200 From: "Pheobe Don Ede" <cdede @cogeco.ca> To: planning @city.niagarafalls.on.ca> Date: Wed, Jun 15, 2005 1:28 PM Subject: Zoning By -Law No. 79 -200 3711 Gunning Drive Niagara Falls, Ontario L2G 6L5 June 15, 2005 Doug Darbyson Director of Planning and Development City Hall 4310 Queen Street Niagara Falis, Ontario L2E 6X5 Dear Sir RE: City File AM 06/2005 Regarding the notice in the Niagara Falis Review about the road end on Oliver Street zoning by -law amendment application, to build a 2- storey home on leased city property. My wife and I are objecting to this proposal. Other residents in the Village of Chippawa are strongly opposed to this also. If you permit the erection of a 2- storey home, you are starting a precedent that you cannot stop. We are asking each member of council involved in this decision to take the time to go to this site and be their own judge to see if this is a good idea or not. Please keep our river banks the way they are. Yours truly Donald and Carol Ede Page 1; 'Tannin Development Zoning Bylaw 06/2005 Pa e 1 F' From: "alnita" <alnita @niagara.com> To: planning @city.niagarafalls.on.ca> Date: Fri, Jul 8, 2005 2:59 PM Subject: Zoning Bylaw 06/2005 Hello, we live at 3908 Bridgewater Street and we are opposed to the application to allow a new two storey permanment dwelling to be erected along the Welland river at the end of Oliver Street. We reside 3 doors up from this site, and have lived here for 20 years. We have a beautiful home and built here to enjoy the wonderful and peaceful view of the river. There are a few cottages along the river, that blend in well with the other surroundings, and do not obstruct views or interfere with the historical feel of Chippawa. We also feel that by allowing this dwelling to go forth this would set up a precident to allow future building along the river, resulting in a Toss of habitat for the wildlife and running tranquility along the river which we are so fortunate to enjoy. If you take a walk or a drive along the river, I'm sure that you would agree. Sincerly Al Anita Lavigne 3908 Brigewater St. J o Planning Scarped 'Tannin Develo ment Cit File: AM- 06/2005 From: "Pete Munger" <pmunger @niagara.net> To: planning @city.niagarafalls.on.ca> Date: Thu, Jun 30, 2005 3 :26 PM Subject: City File: AM- 06/2005 This is to register my objection to the above said application for ammendments to the zoning by -law and Official Plan of the City owned leased out land known as End of Oliver Street, or 3965 Oliver Street. I own and live at the lot directly South East of the lot in question and hayed enjoyed living here for some 32 years, particularly the ambiance and view I enjoy of the river from my home. I therefore have to register my objection to these plans as not only detrimental to my continued enjoyment of my property but the potential negative effect this could have on my property value. In addition, I as well as every neighbour I have discussed this application with, also feel this will be in violent opposition to the intent of the current zoning as Environmental Protection Area since this is a GREEN SPACE we and many of the residents of Chippawa, as well as Niagara Falls residents and tourists enjoy for walking and biking as well as just watching the river and wildlife it affords. We are all very concemed any alteration to the zoning will set a dangerous precident and lead to further development along both sides of the river much to the esthetic loss of this GREEN SPACE forever to everyone. We have all seen where a minor ammendment to the hight by -laws has led with the high -rise hotel towers we now have. I truly hope this is not a case of "money talking" when it comes to the politics involved in making changes that are not neccessarily for the good of all concerned and appreciate your consideration of my views in this matter. In closing 1 can assure you I will be a strong participant in an appeal to the Ontario Municipal Board if these ammendments are put thru. Sincerely and without malice, Peter Munger 8320 Oliver Street NiOy I V L V Y/ I L• J III NIAGARA June 15, 2005 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St, 2" Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: I x L V 1 V I I I L 1 l 1 I 1 I 1 Z I U PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 984 -3630 Fax: 905 641 -5208 E -mail: plan a@regional.niagara.on.ca Re: Official Plan and Zoning By -law Amendment Applications Dwelling Beside the Welland River Bridgewater Street, opposite Oliver Street City of Niagara Falls Your Flle No: AM-06/2005 11 V. 1 T J 1 Files: D.10.M.11.21 D.10.M.11.23 RECEIVED JUN 1 6 2005 PLANNING NG DEVELOPMENT I The subject property is an unopened road allowance of Oliver Street situated between Bridgewater Street and the Welland River and is leased from the City. The property contains an existing boathouse and dock that project into the Welland River. The applicant proposes the construction of an addition to the boathouse to serve as a dwelling. The lands beside the Welland River including the site of the proposed addition are designated `Environmental Protection" by the Niagara Falls Official Plan and are zoned "Hazard Land" by the City's Zoning By -law. These existing planning regulations would not permit the establishment of a dwelling. Therefore, amendments to both the City's Official Plan and Zoning By law are required to facilitate the proposed development. The Welland River has been identified as a Type 1 `Critical" Fish Habitat by the Ministry of Natural Resources. Based on this classification, the River contains fish species and/or habitat that could be sensitive to environmental disturbances. The guidelines specify a minimum 30- metre vegetated buffer abutting the watercourse in order to protect Type 1 Fish Habitats. The proposed dwelling addition would be constructed approximately 5 metres from the River, Therefore, the proposed development potentially could have a high potential to adversely impact fish habitat. The Niagara Peninsula Conservation Authority has an agreement with the Federal Department of Fisheries and Oceans (DFO) regarding the review of fish habitat issues. Therefore, the City should refer to the more detailed comments of the Conservation Authority on this mailer. A Regulatory Floodplain and a Fill Regulated Area have been established for this section of the Welland River. The boathouse and the proposed dwelling addition fall within the Regulatory Floodplain. Most of the property lies within the Fill Regulated Area. As a result, the proposed building site should be considered hazard land because of its susceptibility to flooding. The primary objective of the Regional Policy Plan for hazard lands is to reduce potential property damage and loss of life. This objective is to be implemented through local official plans and zoning by -laws which should restrict new residential and institutional development on hazard lands. JUn. 10. 100 IL rtUlUIVHL rLnlU !Iu 2 rsu. I9 r. L The new Provincial Policy Statement also contains policies on development on hazardous lands which includes floodplains. The Policy Statement indicates that development shall generally be directed away from hazardous lands. Furthermore, the Policy Statement states that development and site alteration shall not be permitted within a floodway (Policy 3.1.2). Therefore, the proposed development would be contrary to the Provincial Policy Statement. The proposed development will involve an addition to an existing structure. However, the proposed addition will be much more substantial than the existing structure and will introduce a new use, a dwelling, which will result in a much higher risk to public safety and property damage than the existing boathouse. Therefore, the proposed development should be considered a new use rather than an extension of an existing structure. In conclusion, the establishment of a dwelling on hazardous lands is contrary to the provisions of the Provincial Policy Statement and the Regional Policy Plan, and to the Conservation Authority's Fill Regulations. Therefore, Regional Planning staff are unable to support the approval of the proposed amendments. Yours truly, David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. Paul Bond, Niagara Peninsula Conservation Authority Mr. W. Stevens, Regional Public Works tw/OPA-ZBLA-Wenand River NF The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: 1) Council approve the request to recognize the existing retail store and a residential dwelling unit; and, 2) the amending by -law amend the current Residential Single Family and Two Family (R2) zone to permit the retail store and residential uses subject to the standards outlined in this report. BACKGROUND: Corporate Services Department PD- 2005 -78 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 October 3, 2005 Re: PD- 2005/78, Zoning By -law Amendment Application AM- 22/2005, 5124 Morrison Street Applicant: Moon -Yong Kwak Recognition of Existing Retail Store and Residential Use Moon -Yong Kwak has requested an amendment to the Zoning By -law for a parcel of land known as 5124 Morrison Street, as shown on Schedule 1. A convenience retail store and accessory residential uses have existed on the site for a considerable period of time (site shown as Part 2 on Schedule 2). The applicant has received approval from the Committee of Adjustment to sever off a parcel of land containing an existing residential dwelling located at 5106 Morrison Street (Part 1 as shown on Schedule 2). Approval of this severance is conditional on the applicant obtaining a Zoning By -law amendment to recognize these existing retail and residential uses. The land is currently zoned Residential Single Family and Two Family (R2). The zoning of the land is requested to be changed to a site specific Neighbourhood Commercial (NC) zone to recognize the existing retail store and residential unit in order to fulfill the Committee of Adjustment's condition. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 2 PD- 2005 -78 Surrounding Land Uses The property is entirely surrounded by residential uses, consisting mainly of single detached dwellings. Circulation Comments Regional Municipality of Niagara The basic purpose of the proposed rezoning is to recognize an existing use. The application should not compromise Regional and Provincial Planning interests and Regional Planing staff has no objection to its approval. Municipal Works No objections subject to a 4.5 metre by 4.5 metre dedication of a daylight triangle at the corner of Morrison Street and Fourth Avenue (secured through the earlier consent application). Parks Recreation Culture No objections. City Clerk No comments as this appears to be a housekeeping matter. The location has already been licensed as a food store for many years. Planning Analysis The requested change will formally recognize a long standing legal non conforming use and therefore can be supported. The following is a summary of Planning staff's analysis of the application: 1. The proposal complies with the intent and the purpose of the Official Plan. The land is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. Neighbourhood commercial facilities are also permitted in locations that are conveniently and appropriately located to serve surrounding residents. These facilities are permitted to have a maximum floor area of 930 square metres (10,000 square feet) and are generally steered toward locations along arterial roads. The existing store is a small -scale neighbourhood commercial use and has served the surrounding community for many years. Provided the current retail use and size are maintained, the use is of a type and scale that is compatible with surrounding dwellings. Although the property is not located on an arterial road (Morrison Street is a major collector road at this location), the retail component has a floor area of only 216 square metres (2,327 square feet), much smaller than other neighbourhood commercial projects that are now developed. Morrison Street should be able to accommodate the traffic of this small -scale use. October 3, 2005 3 PD- 2005 -78 The residential unit is permitted by the Official Plan and is an appropriate accessory use to the retail store. 2. Amending the current zoning to recognize the existing retail use is appropriate. The existing R2 zoning also applies to the large residential area extending between Stanley and Victoria Avenue between Roberts Street and Bridge Street. The applicant has requested the retail store and accessory residential use (Part 1 on the attached Schedule 2) be placed under a neighbourhood Commercial (NC) zone to reflect the retail store use. It is recommended the property remain under the existing R2 zoning, with special provisions to recognize the existing retail use and building configuration, for the following reasons: The property is too small for a typical neighbourhood commercial use and cannot accommodate the setbacks typically required to buffer such developments from adjacent residential uses. The current small retail store is appropriate for the neighbourhood. However, introduction of other uses permitted under an NC zone, such as restaurants, may generate parking demands beyond what the site can provide, may require additional garbage facilities that cannot be accommodated on site and may be less compatible with surrounding residences than the current retail store. The amending site specific zoning by -law would address the following matters: Limit the use to a retail store and a single residential dwelling unit and recognize the existing floor area of the retail store. The applicant has indicated that although the building had three apartments, the residential component is being used now as a single unit. Require four parking spaces for the retail store and residential unit. Although the uses would require about nine spaces, no more than four spaces can be provided on site in accordance with the parking stall and aisle dimensions of By -law No. 79 -200. However, this existing use is of a small scale that would be primarily used by a market located mainly within walking distance of the store. Provided a single residential unit is maintained, this parking reduction is acceptable. Recognize the existing building setbacks and building coverage. 3. The development is compatible with adjacent uses. The retail store has existed here for many years and is typical of small -scale convenience commercial uses found in older residential areas. There have been no apparent significant impacts caused by this use. The residential use is an appropriate accessory that does not appear to be impacted by the commercial use. Through the conditions of the consent approval, certain improvements to the parking area, including fencing and proper pavement markings will be provided. October 3, 2005 4 PD- 2005 -78 CONCLUSION: The requested amendment to recognize the existing retail use and to permit a residential dwelling unit can be supported for the following reasons: 1. The retail use is a small -scale neighbourhood commercial that is of the type permitted within residentially designated land and has existed for many years without significant impacts. 2. Restricting the commercial component to the existing retail store and permitting the one existing residential unit will maintain these uses in a form that is compatible with the surrounding neighbourhood. The amending zoning by -law will site specifically amend the R2 zone to recognize the existing uses and building siting and will establish a requirement of four spaces for these uses. Prep Andrew Bryce Planner 2 Recommended by: AB:ko Attach. Doug Darbyson Director of Planning Development T. Ravenda Executive Director of Corporate Services S:\PDR\2005\PD2005 -78, AM22 -2005, Morrison Stwpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land EEM SCHEDULE 1 LOCATION MAP ME 11111111111111 Amending Zoning By -law No. 79 -200 Location: 5124 Morrison Street Applicant: Moon -Yong Kwak K GIS_ Requests 200ASc6eduksmoninBAMAM -22 maPPm&+Pw AM- 22/2005 Scale: 1:NTS August 2005 L ci CA 5 5 1 2. Sr..p.g e.s osNT114L NOTE: THIS SKETCH IS A L: Y \I Ateadi, =.6d80,sp,1sT, h L_ v -r 0, A JPAgr 2I P 1- 0 J Sot 4, L OF SURVEY. 3 Yatthe!s, Cameron, Heywood Kerry T. lion Surveying Limited St. Cathar$nes 98 Churoh Street (905) 687 -3300 Niagara Falls, 5233 Stanley Avenue -Unll #1, L2E 7C2 (905) 358 -3693 Fax (905) 358 -6224 DRAWN At 1.4 'CHECKED a 14. 'SCALE 1 S.2r.. I CHEDULE 2 (YNuiJIc.%PAL. (La✓L M o 2.R4 So tJ 51 -EET (6o ww :44 1 t m z 1- 0 J f Il YEAR 20 KEY PLAN not to scale 25,1 R E 51 O ENT IA L r I .5 '2 r 0 J SKETCH FOR Liar•1D DIUIS►orJ PURrbSaS L o-r l'e°J ANo P,& r CF 1.tiT5 1`11 ft "12d ?i l 3 ICv Gl of H14 PALLS REGIONAL MUNICIPALITY OF NIAGARA W 3 0 1 0 4/ J pJZ 7f 0" LL LLN 3513 'FILE Niagara Falls The City of Canada Members: Corporate Services Department PD- 2005 -74 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 October 3, 2005 Re: PD- 2005 -74, Proposed Modifications to the Niagara Falls Official Plan RECOMMENDATION: It is recommended that: 1) Council receive this report for information; and 2) a second public meeting be advertised and held on November 21, 2005 to allow for further public input prior to the approval of the proposed amendments. BACKGROUND: Section 26(1) of the Planning Act requires a regular review of municipal Official Plans to determine the need for revisions. Changes to growth patterns, economic conditions and provincial legislation all have some effect of the development of the City and the Official Plan should be updated to reflect these changes. Over the last five years, since the last public meeting held under the provisions of the Planning Act, several specific revisions have been made to the Official Plan. However, in light of new Provincial legislation recently put into place, more general changes are needed to bring the Official Plan in compliance with current provincial policies and provide technical updates. A public meeting has been scheduled to inform the public and allow the opportunity to comment on the proposed modifications to the Official Plan prior to any Council decision on the amendments. This meeting has been set concurrent with the five -year review meeting required under Section 26(1) of the Planning Act. Purpose The purpose of this report is to refine policies, make minor changes and ensure the Official Plan policies are up to date with current legislation. The amendments suggested herein are technical in nature and do not change the intent of the current Official Plan policies beyond what has been mandated by the Province. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 2 PD- 2005 -74 Executive Summary The Official Plan revisions contained herein deal with those updates and revisions that do not require analysis on a site specific basis. Details on the proposed revisions are contained within Appendix 1 and are based on the following: Amendments to the Provincial Planning Act, Bill 26 with regard to the "shall be consistent with" provisions of the Provincial Policy Statements. 2005 Provincial Policy Statements with regard to updated residential, environmental and agricultural policies and definitions. Ontario Heritage Act, including the 2005 amendments to the Act. Niagara Peninsula Conservation Authority Policies for Valleylands, Stream Corridors and Floodplains (2003). Technical changes such as the change in names for Provincial Ministries, typographical errors, wording clarification, updates on references. Policy clarification and updates (e.g. transportation policies and road widening, amenity and design). In addition, inconsistencies found within the Official Plan upon review of the City's draft Zoning By -law are included. Mapping updates with regard to correcting drafting errors or updating environmental policies such as flood lines. Recent, Upcoming and Future Official Plan Revisions Recent Revisions Since the public meeting held in 2000, the Planning Division has proceeded with and completed work on several Official Plan amendments addressing issues raised at the meeting. They include: Tourist Commercial Policies Official Plan Amendment (O.P.A.) No. 26, adopted in 2000, created new policy sections for Tourist Commercial, Resort Commercial and Theme Park Marineland designations. Body Rub Parlours and Adult Entertainment Parlours O.P.A. No. 45, adopted in 2003, incorporated policies on these land uses into the Official Plan. Testamentary Devise O.P.A. No. 42, adopted in 2003, created a municipal strategy for Testamentary Devise lots (lots not created through the consent or subdivision processes under the Planning Act) in the agricultural area. October 3, 2005 3 PD- 2005 -74 Upcoming Revisions Tourism Policy Review An update on the Tourism Policy Review as well as Section 37 Bonusing and public benefits forwarded to Council in the near future. Environmental Policies Staff has completed background work and mapping on revised environmental policies. The Region has prepared their draft for Environmental Policies (Regional Policy Plan (R.P.P.) Amendment No. 187) which has been recently circulated for municipal comment. The two levels of policies will need to be integrated with each other and reflect a level of change to the current Official Plan to such an extent that a separate public meeting should be held for this specific amendment. Agricultural Policies Staff has also reviewed and prepared draft policies for the City's agricultural areas as well as the Willoughby Land Use Study area which have been forwarded to the Region for review and are awaiting their response. Further changes to the drafted policies will be required as a result of the 2005 Provincial Policy Statements. Neighbourhood Commercial Policies A review of the Official Plan's Neighbourhood Commercial policies is currently underway to inventory the City's neighbourhood commercial sites and review their function within the framework of the current commercial policies. Smart Growth Policies The Region distributed its draft Smart Growth Policies in 2003 (R.P.P. Amendment No. 183). The Region is currently reviewing the comments received on the draft policies. Although the City's Official Plan closely follows the basic principles of Smart Growth, R.P.P. Amendment No.183, when approved, may result .in some further changes to the Official Plan. Cultural Landscape Policies Recent revisions to the Ontario Heritage Act include a new definition for cultural landscapes which allow municipalities to identify and prepare heritage guidelines for geographic areas that have historical, cultural or architectural significance. Staff will be reviewing cultural landscapes within Niagara Falls and, if appropriate, new cultural landscape policies may be proposed to the Official Plan's heritage policies. In addition to the above, Planning staff will continue to review the appropriateness of all existing Official Plan policies. October 3, 2005 4 PD- 2005 -74 Future Revisions The Province has stated that future changes to Provincial legislation are expected in the future. These include further changes to the Planning Act, the new Places to Grow Act and the implementing Greater Golden Horseshoe Growth Plan, and the Source Water Protection Initiatives. The recent Transfer of Federal Gas Tax Revenues Agreement requires local official plans to be in conformity with the Provincial Policy Statement and Greenbelt Act as well as the upcoming legislation mentioned above. If required, further changes to the Official Plan may be needed to take advantage of this agreement. CONCLUSION: Since the public meeting held in 2000, policy updates have been completed for the Official Plan. With upcoming changes to Provincial legislation and Regional policies, future updates are expected. The revisions and updates suggested through this report do not create new policy or change the intent of the existing policies other than bringing the Official Plan into conformity with governing documents. The public meeting scheduled for this evening allows the public to review the attached modifications and provide comments prior to Council's decision and will satisfy the provisions of 26(1) of the Planning Act. However, there are a total of 47 modifications contained in Appendix 1 which deal with all areas of the Official Plan and to ensure that the public has had adequate opportunity to review these proposed changes it is recommended that a second public meeting be advertised and set for November, 2005. Prepared by: Francesca Berardi Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: FB:gd Attach. T. Ravenda Executive Director of Corporate Services S:\PDR\2005\PD2005 -74, Proposed Modifications to OP.wpd Respectfully submitted: 4 John MacDonald Chief Administrative Officer ALL SECTIONS APPENDIX 1 PROPOSED MODIFICATIONS TO THE OFFICIAL PLAN The titles of several Provincial Ministries have been changed since the Official Plan was approved. Recent changes contained in the Ontario Heritage Act included the renaming of any Local Architectural Conservation Advisory Committees "(L.A.C.A.C.)" to a "Municipal Heritage Committee (M.H.C.) These changes, as well as the proper reference to the Regional Public Health Department is recommended. PART 1 PREAMBLE SECTION 3 INTERPRETATION In order to accommodate future name changes to Provincial Ministries without amendment to the Plan a general statement may be added as paragraph 3 to this section. PART 2 LAND USE POLICIES SECTION 2 PARKWAY RESIDENTIAL In a letter from the Niagara Parks Commission, submitted subsequent to the Official Plan Public Meeting held in 2000, the Parks Commission requested that the status of the Niagara Parkway as a control access highway be emphasized in the Official Plan. This will assist the readers of the Official Plan with regard to the jurisdiction of the Parks Commission. -2 SECTION 7 GOOD GENERAL AGRICULTURAL Both farm retirement lots and infill lots are no longer permitted under the 2005 PPS. References to these types of lots should be deleted from this Section of the Official Plan. Policy 7.8 recognizes the two existing golf courses located north of the Welland River (Niagara Falls Golf Course and Beechwood Golf Course). It is recommended that these golf courses be redesignated Open Space consistent with the Official Plan designation of the other non -urban area golf courses in the City (see modification 46). Consequently, Policy 7.8 would no longer be necessary and can be deleted from the Good General Agricultural policies. The Regional Niagara Policy Plan permits home industries and home occupations as secondary uses in the agricultural area. Bed and breakfast operations are included as one of the secondary uses. It is recommended that bed breakfast uses be added as a permitted use in the City's agricultural policies by referencing the use under the home industry policies in Section 7. Since the policies of Section 8 (Rural /Agricultural) have been deferred by the Ministry of Municipal Affairs, the bed and breakfast use would be added to the home industry sections of the Official Plan of the Niagara Falls Suburban Planning Area (Willoughby Section) and the Official Plan of the Welland Planning Area Township of Crowland Section which remain in effect. Modification 6 3 a) That Policy 7.8, Part 2 be amended by adding the phrase "or a bed and breakfast operation" following the words "A home industry". b) That Policy 3(5), Part 111.5 of the Official Plan of the Niagara Falls and Suburban Planning Area (Willoughby Section) be amended by adding the phrase "or a bed and breakfast operation" following the words "A home industry". That the third paragraph to Policy (h) of the Official Plan of the Welland Planning Area Township of Crowland Section be amended by adding the phrase "or a bed and breakfast operation" following the words "A home industry" SECTION 9 INDUSTRIAL The 2005 Provincial Policy Statement supports the retention of lands designated Industrial as employment lands. As such, any amendments to remove lands from this designation must be accompanied by a review that demonstrates that the land is not required for industrial use over the long term and that there is a need for the conversion. A new policy is recommended for this section to outline the basis of the review according to the PPS. Modification 7 a) That Sections 9.16 and 9.17, Part 2 be renumbered to 9.17 and 9.18 respectively. b) That the following new section be added to Part 2, Section 9: "9.16 Council may consider the redesignation of Industrial lands to a non- industrial designation only where accompanied by a comprehensive review which demonstrates that the land is not required for industrial uses over the long term and that there is a need for the conversion. The comprehensive review shall be submitted by the proponent and shall include (but is not limited to) the following: 9.16.1 A review of population and growth projections and the effect of the redesignation on the balance between employment lands and residential growth. 9.16.2 An evaluation of alternative locations for the proposed use including possible intensification or redevelopment opportunities. Modification 8 4 9.16.3 An evaluation of the measures necessary to protect the continued use and possible expansion of industrial lands in the vicinity and the implementation of these measures. 9.16.4 The consideration of cross jurisdictional issues such as natural areas or water quality management. 9.16.5 The availability of adequate municipal services and facilities and the impact of the redesignation on the transportation system and community facilities. SECTION 10 EXTRACTIVE INDUSTRIAL Section 3.2.1 of the 2005 PPS permits development adjacent to Human -Made Hazards (mineral aggregate or mining operations or petroleum operations) only if rehabilitation measures to address and mitigate known or suspected hazards have been completed or are underway. A sentence to reflect this requirement should be added to Policy 10.6 which deals with the rehabilitation of aggregate sites. That the following be inserted between the third and fourth sentence of Policy 10.6, Part 2: a) That the following be added as the third sentence in the second paragraph of the Preamble to Section 12: "Development on, or adjacent to former mineral mining or aggregate operations may be permitted only if rehabilitation measures to address and mitigate known or suspected hazards, including natural hazards such as sleep slopes, are under way or have been 'completed." SECTION 12 ENVIRONMENTAL PROTECTION AREA Under Policy 2.1.2 of the Provincial Policy Statement states that the diversity and connectivity of natural features in an area and the long term function and bio- diversity of heritage systems should be maintained, restored or where possible improved. The Preamble and the policies of the Environmental Protection Area of the Official Plan do not refer to the connectivity of natural features. A general statement regarding the overall function of natural areas and their connections is proposed for the Preamble and for Policy 12.5 which refers to the consideration of natural areas in development proposals. modification "The diversity and connectivity of these natural features contribute to the overall function of natural areas and should be maintained, restored, or where possible, improved." 5 The PPS prohibits development or site alteration within significant habitats of endangered or threatened species or within significant wetlands. Development or site alteration within significant woodlands, valleylands, wildlife habitat or areas of natural and scientific interest are also prohibited unless it has been demonstrated that the development will have no negative impacts on the natural features or their functions. Policy 12.4 is proposed to be slightly modified to reflect the provisions under the PPS by noting where development will not be permitted and by referring to type of study needed for development where it may be considered as outlined in the Natural Resources policies. In 2003, the Niagara Peninsula Conservation Authority (NPCA) issued their Fill, Valleylands and Floodplain Policies. Within these policies the NPCA specifically identifies which waterways shall be governed by the Regional Floodline. These are proposed to be included within the text of Policy 12.12 which supports the generation of the 100 -year Floodline for watercourses in Niagara Falls and allows that, where they have not been generated, the Regional Floodline will continue to apply. The first sentence of Policy 12.12 lists watercourses where the City supports the creation of 100 -year Floodline mapping. Several of these watercourses have since had their mapping updated and can therefore be deleted from the Policy. -6 The NPCA has Fill Construction and Alteration to Waterway Regulations which requires permission from the Authority for activities with regulated fill area. The Authority has requested that local municipalities include wording to this effect within their Official Plan. The following new policy is proposed. In response to the Public Meeting held in 2000 the Niagara Parks Commission (NPC) made several suggestions for the Environmental Protection Policies of the Official Plan. Some of these suggestions can be included in the current update to the Official Plan as reference policies. The remaining suggestions will be considered in more detail as part of the comprehensive update to the Official Plan's environmental policies. The first proposed policy will inform the reader of the Official Plan of the types of uses along the Niagara River that require approval from the NPC. The second policy refers to the City's support of the Commission's `Moraine Management Plan' for the treed moraine between Clifton Hill and Burning Springs Hill. PART 3 ENVIRONMENTAL MANAGEMENT SECTION 1 MUNICIPAL INFRASTRUCTURE PREAMBLE The Provincial Policy Statement emphasizes the efficient use of infrastructure including the provision of alternative forms of transportation such as good pedestrian access, cycling facilities, and transit. The City's Official Plan does contain provisions for these uses, however, further emphasis regarding the connectivity of the transportation system through rewording of paragraph 3 to Preamble of the Municipal Infrastructure section would be appropriate. The paragraph currently reads as follows: "Equally important is the safe and efficient functioning of the City's transportation network. This transportation network requires meeting the demands for roads and parking facilities, supplying sufficient public transit and providing suitable pedestrian circulation. Other utilities and services are to be coordinated in an appropriate manner to meet the needs of existing and future land uses in the City 1.1 WATER AND SANITARY SEWER 7 The City's Municipal Works Department has suggested that the Official Plan recognize the environmental concerns regarding contamination from combined sewer overflows and storm water discharges and the City's stated intention to deal with these concerns. Modification 15 -8 a) That Policies 1.1.2 to 1.1.9 (inclusive), Part 3 be renumbered 1.1.3 to 1.1.10 (inclusive). b) That the following new policy be added to Part 3, Section 1: "1.1.2 Recognizing a growing concern for the environment and contamination of its receiving waters due to combined sewer overflows and storm water discharges, the City shall implement a strategy for the systematic reduction or mitigation of these sources within its boundaries. The City has developed a comprehensive strategy to: control and /or eliminate combined sewer overflows, provide consideration for storm water pollution control and the determine the requirements for future servicing and infrastructure rehabilitation in the City." 1.2 STORM DRAINAGE An additional policy is proposed to encourage the design of naturalized ponds and wetlands to deal with water quality and quantity issues through storm water management plans. Modification 16 a) That Policies 1.2.5 to 1.2.6 be renumbered 1.2.6 to 1.2.7 respectively. b) That the following new policy be added as Policy 1.2.5, Part 3: "1.2.5 Storm water management plans incorporate the use and creation of naturalized overland systems. Naturalized off stream and /or on- stream ponds and wetlands are encouraged to properly regulate and control water quantity and quality flows going into natural watercourses. In addition to controlling water quality and quantity, such systems shall be as natural as possible to create habitat areas and where applicable will be used to provide linkages to other natural features. From a technical perspective the construction of such systems shall be in accordance with Council approved policies." 1.3 SOLID WASTE DISPOSAL In October of 2000, The Region of Niagara assumed full jurisdiction of the Mountain Road Landfill site. Consequently, the City's Works Department has made the comment that the references to solid waste management in Policies 1.3.1, 1.3.2 and 1.3.3 and 1.3.6 could be updated to reflect this change. Presently, these policies read as follows: 1.3.1 The City is concerned with the environment and the focus of the City's solid waste management effort will be on the three R's, namely reducing, reusing and recycling waste material. 1.3.2 The City will pursue the establishment of a financially self- sustaining solid waste management system, with the assistance of the Ministry of the Environment and Energy, private companies and individual residents of the City. 1.3.3 It is the City's aim for the future of solid waste management to reduce material by weight going to the City's Landfill Site. This will be achieved through the implementation of active reducing, reusing and recycling programs such as the creation of a central composting facility and public educational programs. 1.3.6 Council shall continue to monitor the conditions of the Mountain Road landfill site and in so doing, take every measure to protect the surrounding area and prevent adverse environmental effects that may be associated with the landfill site. In regard to the future land uses in the vicinity of the Mountain Road landfill, consideration will be given to the Ministry of the Environment and Energy guidelines. It is recommended that policies 1.3.2, 1.3.3 and 1.3.6 be deleted and that Policy 1.3.1 be reworded to provide support for recycling outside of the City's waste management effort. 1.4 ROAD NETWORK 9 In 2000, a draft of updated Road Network policies of the Official Plan was prepared by Planning Staff and reviewed by Municipal Works Staff. The comments of the Works Department as well as an updated chart of municipal road widths and jurisdictions and the Region's draft Road Allowance policies were reviewed to update the current policies of the Official Plan. 10 A number of changes are proposed, however, they consist of technical changes to this section and not in the creation of a new policy approach. The road chart has been updated to list all regional and city arterial and collector roads according to the information acquired from the City and Regional Works Departments. Tourist commercial roads have been added as a classification. These roads have been identified by the Streetscape Master Plan as roads that are important not only for their vehicular movement but also for pedestrian traffic movement. The design of these portions of the road system should facilitate the higher volumes of pedestrian traffic within the tourist areas. All but one of the roads identified as Tourist Commercial are already required to have road allowances of 26m. This is the width recommended for these road allowances. Currently the Official Plan identifies Major Collector and Collector Roads as separate classifications. Both of these classifications serve the same purpose to carry traffic between local and arterial roads; and have road allowances varying from 20m to 26m. To simplify the policies, these classifications can be merged into one class, being Collector Roads, without compromising the intent and function of the current policies. Policy 1.4.16 contains a chart identifying the road widths of municipal roads, separated by classification. The chart has been updated to include all roads classified arterial or collector, regardless of jurisdiction, so that a single chart can be consulted for road allowance widths instead of several different charts. This reorganization offers a clear and simpler reference for the reader of the Official Plan. "1.4.2.2 1.4.2.4 1.4.2.5 That Policies 1.4:2.2, 1.4.2:3, 1.4.2.4, 1.4.2.5 and 1.4.2.6 of Part 3 be deleted and replaced with the following: Niagara Parkway is considered to be a scenic road that is classified as a controlled access highway. This road network functions primarily as an arterial roadway for the benefit of tourist traffic along the Niagara River. Design, road allowance widths, use, alignment and access are regulated by the Niagara Parks Commission. 1.4.2.3 International Crossings these two international boundary crossings at the Rainbow Ridge and Whirlpool Bridge represent critical links in the transportation networks of Ontario and New York State. Development activity in the vicinity of these crossings should consider the impacts on the transportation systems, particularly as it pertains to traffic queues at the inspection plazas. Arterial Roads include all roadways under the Region's and City's jurisdiction that are designed to accommodate large volumes of traffic between major land use areas in the City. Regional Arterial Roads are designed to accommodate the movement of large volumes of traffic and function as secondary highways and primary arterial roads. Design road allowance width, use, alignment and access are regulated by the Regional Municipality of Niagara. Road widths vary from 20m to 35m. City Arterial Roads accommodate two to four lanes of traffic and have a general road allowance width of 26m. Direct access to adjoining properties and on- street parking will be restricted as much as possible to enhance the free flow of traffic. The right of way may accommodate transit routes with bus lay -bays and shelters. The use of shared driveways to larger development projects will be encouraged in the urban areas. Regional and certain City roadways that function as arterial roads, primarily in the tourist core area, are subject to the policies described in the "tourist commercial roads" classification. Collector Roads include all roadways under the City's jurisdiction that are designed to accommodate moderate to high volumes of medium distance traffic between the Arterial' Road and Local Roads. The roadways in this classification are generally two lanes, undivided with a road allowance width of 20m -23 m which will allow the addition of turning lanes, bicycle paths, bus lay -bays and shelters, landscaping, sidewalks and utility corridors Traffic and parking controls should be 1.4.2.6 12 considered. Access to abutting properties should be regulated to ensure that the normal flow of traffic and pedestrian safety is not adversely impacted. Local Roads are intended to provide access to abutting propeiies and carry traffic predominantly of a local nature. Typically roadways in this section carry low volumes of traffic short distances. Local roads generally are designed to accommodate on- street parking, sidewalks and limited landscaping in the boulevards. All local road allowances are to be 20m in width however there may be cases when they may be less than 20m under special circumstances approved by Council." d) That Policy 1.4.4, Part 3 be deleted in its entirety. e) That a new Policy 1.4.4, Part 3 be added as follows: "1.4.4 Road right -of -ways can provide for a variety of functions. Regional and City arterial roads and collector roads within the Tourism Districts as shown on Schedule F of this Plan perform two equally important functions: an efficient, functional vehicular network, and an attractive, pedestrian- friendly public space. Therefore, it is important that these roadways be of sufficient width to accommodate adequate traffic and turning lanes as well as desired streetscape improvements as detailed in the Tourist Area Streetscape Master Plan. In its implementing by -law, the City shall establish a building setback width of 26m for those roads identified in the Streetscape Master Plan." That Policies 1.4.5 to 1.4.12 (inclusive), Part 3 be renumbered to 1.4.6 to 1.4.13 (respectively) and that Policies 1.4.13, 1.4.14, 1.4.15, and 1.4.16 Part 3 be renumbered to 1.4.15, 1.4.16, 1.4.17 and 1.4.18, Part 3. That a new Policy 1.4.5, Part 3, be added as follows: "1.4.5 The City will determine and implement the long term road network needs having regard to the Transportation Master Plan.. It is intended that the utilization of existing transportation infrastructure will be maximized before new transportation infrastructure is constructed and that :opportunities will be available for all residents to use a variety of transportation modes. Appropriate transportation linkages will be developed in order to provide efficient movement of people and goods both within and outside the City." That Policy 1.4.8, Part 3 be hereby amended with the deletion of the words "development approval "and the addition of the following after the words "as a condition of': i) That Policy 1.4.9, Part 3 is hereby amended by deleting the road classifications and daylighting requirements chart and replacing it with the following: j) k) "site plan control, consent to sever or plan of subdivision when such road construction or widening is contemplated within a five -year time space. Road widenings may be required to expand the width of the travelled portion of the roadway, servicing locations, including ditches in rural areas." "Road Classification of Daylighting Requirements Intersecting Streets Within the Urban Area Boundary: Local to Local or Collector Local to Arterial; and Collector to Collector Collector to Arterial Outside of the Urban Area Boundary: I) That a new Policy 1.4.14, Part 3 be added as follows: "1.4.14 13 5m x 5m triangle 7 m x 7 m triangle 12 m x 12 m triangle 15 m x 15 m triangle" That Policy 1.4.11, Part 3 be amended by deleting the words "Major Collector and" in the first sentence. That Policy 1.4.13, Part 3 be amended with the addition of the following sentence at the end of the policy: "A transportation study to assess the current and future impact of the development may be required." The long term impacts on population growth, tourist visitation, land use, public finances and the environment will be taken into consideration in any decisions regarding major transportation improvements." m) That Policy 1.4.17, Part 3 be amended by deleting the word "approval" and replacing it with words "control or lot creation" and that the words "wherever feasible" be added after the word `centreline' in the first sentence. n) That Policy 1.4.17, Part 3 be further amended by deleting the words "topographical features or other situations" and replacing them with the words "topography, existing or proposed development, utilities or other constraints" and by deleting the words "site plan control" and replacing them with the words "the planning appliication" in the second sentence. That Policy 1.4.16 of Part 3 be deleted in its entirety and replaced with the following: "1.4.16 Road A ilanthus Avenue A lex Avenue Allendale Ave A lpine Drive Badger Road Barker Street Baker Road Beaverdams Road Beaverdams Road Beck Road Beechwood Road _Bender Street Biggar Road Bossert Road Bossert Road Bossert Road Bridge Street Bridge Street Brookdale Drive Brown Rd Buchanan Avenue Buttrey Street Calendonia Street Canadian Drive Cardinal Drive _Carl Road Caronpost Road CaseyStreet Catalina Street Cattell Drive Chamwood Avenue Chippewa Creek Rd Chippewa Parkway _C hippewa Parkway Church's Lane C lark Avenue Clifton Hill Corwin Crescent Crimson Drive Crowland Avenue Cummington Square Dell Road Delta Drive Detenbeck Road Dixon Street Dixon Street D on Murie Street D orchester Road _Dorchester Road Dorchester Road 14 The proposed widths of roads are, as follows: From McLeod Road _McLeod Road Ferry St _Montrose Road Charnwood Avenue Dorchester Road _Lapp Road Kalar Road T horold Townllne Rd Lyons Creek Road Taylor Road Victoria Avenue W est City Limit Ort Road King Road King Road Stanley Avenue Victoria Avenue Thorold Stone Road West City Limit Ferry Street Victoria Avenue _Dorchester Road _Montrose Road _Montrose Road McCredie Road Willoughby Drive Dorchester Road Kalar Road Willoughby Drive Montrose Road West City Limit Dorchester Rd Stanley Avenue St. Paul Avenue Ferry Street Victoria Avenue Drummond Road Drummond Road Grassy Brook Road Front Street Lyons Creek Road Montrose Road Ort Road Allendale Avenue _Drummond Road Stanley Avenue McLeod Roard Mountain Road Oldfield Road To Dunn Street —Dixon Crimson Drive St Brookdale Drive Montrose Road Main Street East City Limit Lundy's Lane Kalar Road Gonder Road Brown Road Falls Avenue Montrose Road Niagara Parkway Beck Road Ort Road Victoria Avenue River Road Alpine Drive Montrose Rd Highway 420 River Road Dunn Street Pin Oak Drive Thorold Stone Rd West City Limit East City Limit Harriman Street Pitton Road East City Limit Montrose Road Montrose Road Stanley Ave Portage Road Whirlpool Road Robinson Street River. Road Stokes Street Alex Avenue Netherby Road Main Street Rexinger Road 20.1 23.2 Montrose Road Niagara Parkway Fallsview Blvd Allendale Avenue West Limit Olifield Road McLeod Road Chippewa Parkway ROad Classification and =.Width$:; On) Regional* City 26.2 Atteftal 26 26 26 26 26 26 26 26 26 Cotiector 23 20 23 20 20 20 23 23 23 23 23 20 26 20 20 23 23 20 20 20 20 20 20 23 23 26 23 20 20 23 23 20 23 26 23 26 23 Drummond Road Dunn Street Dunn Street Dunn Street Earl Thomas Avenue Ellen Avenue Falls Avenue Fallsview Boulevard Fallsview Boulevard _Ferguson Street Ferry Street Ferry Street Forsythe Street Frederica Street Gallinger Street Garner Road Glengate Street Gondar Road Grassy Brook Road Harriman Street Harvard Avenue Hiram Street Huron Street Jubilee Drive Kalar Road Kalar Road Kalar Road K alar Road K itchener Street _King Road Kister Road Koabel Road Lapp Road Lemon Road Lewis Avenue _Lincoln Street Livingstone Street Logan Road Lundy's Ln (Hwy 20) Lundy's Ln (Hwy 20) Lyon's Creek Road Main St (Chlppawa) _Main St (Chlppawa) Main Street Marineland Parkway Marine land Parkway _Marshall Road Matthews Drive Mayfair Drive Mc Court Road McCredie Road McGarry Drive McKenney Road McKenney Road McLeod Road McLeod Road McLeod Road McRae Street Mewburn Road Mewburn Road Miller Road Misener Road _Misener Road Thorold Stone Rd Dorchester Road Drummond Road Stanley Avenue Progress Street Ferry Street Rainbow Bridge Portage Road Ferry Street Victoria Avenue Stanley Ave Main Street Stanley Avenue Dorchester Road Drummond Road Mountain Road Drummond Road Montrose Road Montrose Road Harvard Avenue Harriman Street River Road Victoria Avenue McLeod Road Montrose Road Montrose Road Thorold Stone Rd. McLeod Road Victoria Avenue Bossert Road Ramsey Road Montrose Road Baker Road Montrose Road Forsythe Street Crowland Avenue Stanley Avenue Beck Road West City Limit Garner Road Montrose Road Willoughby Drive Sodom Road Fallsview Boulevard Stanley Avenue McLeod Road Willodell Road Mount Carmel Blvd Slnnlcks Avenue Wlllodell Road Carl Road Kalar Road Grassy Brook Road Schisler Road Oakwood Drive _Thorold Townline Rd Thorold Townline Rd Stanley Avenue Mountain Road Mountain Road _Sodom Road _Carl Road Yokom Road 15 McLeod Road DrummondRoad Stanley Ave Fallsview Blvd Don Muria Street Walnut Street Clifton' Hill Livingstone Street Portage Road River Road Victoria Ave Stanley Avenue Lewis Avenue Drummond Road Portage Road Chippawa Creek Rd Pettit Avenue Beck Road West Limit Dorchester Avenue Oxford Street Ontario Avenue Ontario Avenue Dorchester Road Mountain Road Thorold Stone Rd McLeod Road Chippawa Creek Rd Portage Road Baker Road Chippawa Parkway Willodell Road South City Limit Willodell Road Kitchener Street West Limit Fallsview Blvd Ort Road Gamer Road Main Street Sodom Road Niagara Parkway Willoughby Drive North Street Portage Road Stanley Avenue Niagara Parkway Montrose Road Swayze Drive Beck Road Willodell Road West Limit Young Road Netherby Road Marineland Pkwy Montrose Road Montrose Road Victoria Avenue Scholfteld Street North City Limits Niagara Parkway Schisler Road Netherby Road 23.2 26.2 35 26.2 26.2 30.5 30.5 26 26 26 43 26 26 30 26 26 26 26 26 23 26 30 20 26 26 20 20 26 26 20 20 20 20 23 23 20 20 23 20 20 20 23 20 23 26 23 23 23 23 20 23 23 23 23 23 26 Morningstar °Road Morris Road Morris Road _Mewburn Road Montrose Road Montrose Road Montrose Road Morrison Street Morrison Street Morrison Street Mount Carmel Blvd Mountain Road Murray Street Murray Street Netherby Road Niagara Townline Rd North Street North Street O'Neil Street Oakwood Drive Old McLeod Road Olden Avenue Oldfleld Rd Ontario Avenue Ontario Avenue Ontario Avenue Ort Road Oxford Street Paddock Trail Drive Paddock Trail Drive Palmer Avenue Park Street _Pettit Avenue Pin Oak Drive Patton Road Portage Road Portage Road Portage Road _Portage Road Portage Road Portage Road _Portage Road Preakness Street Preston Avenue Progress Street Queen Street Ramsey Road _Rexinger Road _Rexinger Road Riall Street _Ridge Road Roberts Road Robinson Street Sarah Street Sauer Road Schaubel Road Schlhi Road Schisler Road Schisler Road Schlsler Road Schneider Road Sherk Road King Road Lincoln Street Grassy Brook Road Mountain Road South City Limit _Welland River _McLeod Road Stanley Avenue D orchester Road ontrose Road Kalar Road Taylor Rd (Beechwood _Rd) Allendale Avenue Drummond Road West City Limit St. Paul Ave Drummond Road Stanley Avenue Dorchester Road McLeod Road Ailanthus Avenue Mountain Road Dorchester Rd Hiram Street Palmer Avenue Queen Street Bossert Road Harvard Avenue Brookdale Drive Kalar Road Ontario Avenue Victoria Avenue Dorchester Road McLeod Road Catalina Street Gallinger Street Gallinger Street Mountain Road Fallsvlew Blvd Marineland Parkway O'Neil Street O'Neil Street Paddock Trail Drive Brookdale Drive Stanley Avenue Victoria Avenue Stanley Avenue Lyons Creek Road Stanley Avenue (West) Dorchester Road Montrose Road Stanley Avenue Allendale Avenue Main Street Willodell Road Schneider Road Netherby Road West City Limit Misener Road Montrose Road Montrose Road King Road -16- Sodom Road Netherby Road Schisler Road North Limit Welland River McLeod Road Mountain Road Victoria Avenue Stanley Avenue Dorchester Road Montrose Road Portage Rd River Road Allendale Avenue Montrose Rd Stanley Ave Stanley Avenue Buchanan Avenue Portage Road Montrose Road East Limit Casey Street Drummond Rd Bender Street Park Street Palmer Avenue Baker Road Dorchester Road Kalar Road Preston Avenue Bender Street River Road Glengate Street South Limit Westwood Street Thorold Stone Rd North Street Stanley Avenue Marineland Pkwy Front Street Thorold Stone Rd Mountain Road Montrose Road Paddock Trail Drive West Limit River Road Kister Road West Limit Ort Road St. Paul Avenue West Limit Falls Road Queen Victoria Pk East Limit Sodom Road South Limit South City Limit Misener Road Montrose Road Beck Road Schaubel Road Ort Road 26.2 30.5 26.2 26.2 30.5 26 26.2 41.2 26 30.5 26.2 26 26 26 30 26 20 26 26 26 26 23 20 23 y 26 23 23 26 20 23 23 20 20 20 20 23 20 20 23 20 20 20 26 20 23 26 23 23 20 26 23 26 23 23 20 23 26 20 r 23 y 23 23 _Sherk Road _Sodom Road _Sinnickss Avenue Thorold Stone Road _Somerville Road Sodom Road St. Paul Avenue _O'Neil Street St. Paul Avenue Mountain Road _Sodom Road South City Limit _Stanley Avenue Lyon's Creek Road _Stanley Avenue Lyon's Creek Road _Stanley Avenue Highway 420 _Swayze Drive Portage Road _Taylor Road Thorold Townline Rd Thorold Stone Road Wost City Limit _Thorold Stone Road .Garner Road Thorold Townline Rd Brown Road _Valley Way _Drummond Road _Victoria Avenue Bridge Street _Victoria Avenue Ferry Street _Victoria Avenue Highway 420 _Watson Street Montrose Road Weaver Road Ort Road _Welnbrenner Road Sodom Road _Westwood Avenue Charnwood Avenue _Whirlpool Road Stanley Avenue Willick Road Ort Road Willodell Road Lyons Creek Road _Willoughby Drive Cummington Square _Willoughby Drive Weaver Road _Woodbine Street Kalar Road Woodgate Street Dorchester Road Yokom Road Montrose Road _Young Road Montrose Road p) "1.4.19 SECTION 2 PARKLAND STRATEGY Modification 19 17 Niagara Parkway Mayfair Drive Niagara Parkway Mountain Road North City Limit Lyon's Creek Rd Marshall Road Highway 420 Niag. Townline Rd Stanley Avenue North City Limit Garner Road Stanley Avenue North City Limit Queen Street Niagara Parkway Highway 420 Bridge Street Beaverdams Road Niagara Parkway Willoughby Drive Kalar Rttad Niagara Parkway Willoughby Drive Schneider Road Weaver Road Somerville Road Montrose Road Olden Avenue West Limit West Limit 26.2 26.2 30.5 26.2 26.2 35 26.2 26.2 That the following new policy be added to Part 3, Section 1.4: 26 26 26 23= 20 23 23 26 26 23 20 23 20 23 23 23 26 23 23 20 23 23 23 Where there Is a conflict between the right -of -way widths listed herein and the Regional Niagara Policy Plan the Regional Policy Plan shall apply. The transfer of road jurisdictions to and from the Niagara Region shall proceed through amendment to this plan however where there has been a transfer of road authority, the road allowance listed in the Plan of the previous road authority shall continue to fly unalifiamerldment has received approval." The Parks, Recreation and Culture Department noted in a 2000 memo that elementary school playgrounds should not be considered part of the City's parkland inventory. The City cannot control the closure of these schools and can therefore not ensure continued use of the lands for outdoor recreational use. That Policy 2.2 of Part 3, Section 2 be amended by the addition of the following as the last sentence of the policy: 18 The Official Plan policies regarding the conveyance of land for parkland purposes is proposed to be clarified to recognize possible linkages between required parkland areas and natural areas. The revisions also support the intent of the Provincial Policy Statement to protect natural areas and support connectivity and linkages between them. SECTION 3 CONSERVATION STRATEGY PREAMBLE The Preamble to the Official Plan's Conservation Strategy policies refers to efficient city design and the protection of the City's heritage and natural resources. In support of the recent changes to the PPS which emphasizes the importance of the natural environment as well as protecting our cultural heritage and the Ontario Heritage Act which provides more power to the City to protect our cultural heritage some rewording of the Preamble is recommended. "Cultural heritage value or interest" is a term used in the Ontario Heritage Act to provide a broader description of heritage issues to be protected which include built heritage structures, cultural landscapes and areas of archaeological importance. This term is broader than the previous reference to properties /buildings of historic or architectural significance and should therefore be included in the Preamble to reflect the direction of the Heritage Act. The third paragraph of the Preamble refers to the conservation and wise use of natural resources. The PPS recognizes that the function of natural systems is dependant on the protection of the diversity of features and linkages between natural areas. The Official Plan must follow suit. Modification 21 19 a) That the third sentence of paragraph 2 of the Preamble to Part 3, Section 3 be amended by deleting the phrase "buildings and structures that are of historical and /or architectural value" and replacing it with the following: "..buildings, structures and landscapes that are of cultural heritage value or interest." b) That the fifth sentence of paragraph 2 of the Preamble to Part 3, Section 3 form the beginning of paragraph 3 and that this sentence be amended by deleting the word "marshes" and replacing it with the word "wetlands and by adding the words "wildlife habitats, areas of importance to surface and groundwater quality, areas of natural or scientific interest," after the words "forested land c) That the second sentence of paragraph 3 of the Preamble to Part 3, Section 3 be amended by the addition of the following phrase after the words "future needs 3.2 HERITAGE RESOURCES As noted above recent changes to the Ontario Heritage Act have broadened the scope of what may be considered a heritage resource. In addition to designating structures or districts that have architectural or historical significance, the City can now designate buildings, properties or landscapes that have significant built features, cultural landscapes or archaeological value. The Heritage Act also requires municipalities to prepare and pass, by by -law, a Heritage District Study and a Heritage District Master Plan prior to designating a Heritage District. The following updates are suggested to update the Official Plan to this recently passed legislation. Modification 22 "and to protect the diversity and interdependence of these natural areas to maintain and improve their natural functions a) That Policy 3.2.1, Part 3 be amended by deleting the phrase "preservation, maintenance and designation of historic and architecturally significant buildings, structures, sites or districts" and replacing it with the following "identification, protection andtor management of properties of cultural heritage value or interest 20 That Policy 3.2.2, Part 3° be amended; by deleting the phrase "various historically or architecturally significant buildings, structures, sites or districts" and replacing it with "properties of cultural heritage value or interest That Policy 3.2.3, Part 3 be amended bydeleting the phrase "potential heritage buildings, structures, sites and districts" and replacing it with "built heritage resources and cultural landscapes" and by deleting the words "buildings and structures" and replacing them with the word "properties" in the second sentence. That Policy 3.2.3.1, Part 3 be amended by adding the words "or cultural" after the word "historical That Policy 3.2.4, Part 3 be amended by deleting the word "evaluating" and replacing it with "identifying f) That Policies 3.2.4.1, 3.2.4.2, and 3.2.4.3, Part 3 be amended by replacing the word "building" with "building /properties That Policies 3.2.5 to 3.2.11 (inclusive) to Part 3 be renumbered as 3.2.6 to 3.2.12. h) That a new Policy be added and numbered 3.2.5 to Part 3 as follows: "3.2.5 The Council shall undertake a study of any area of the Municipality being considered as a Heritage Conservation District. This Study shall be based on the criteria contained in Policy 3.2.5 and any applicable Provincial Guidelines and will: a) outline the geographic boundaries of the area to be designated; b) identify the context, appearance, features and characteristics to be preserved; c) provide recommendations on the objectives of the designation and what is to be contained in a Heritage Conservation District Plan; d) make recommendations regarding required changes tothe City's Official Plan or Zoning By -law; and e) be adopted by a By -law that will also adopt a heritage conservation district plan in accordance with the provisions of the Ontario Heritage Act." 1) That Policy 3.2.7, Part 3 be amended by deleting the words "historical or architectural significance" and replace them with the words "cultural heritage value or interest 3.3 NATURAL RESOURCES -21 The Natural Heritage and Water policies of the 2005 PPS reflect the Province's vision to maintain an clean and healthy environment. Prior to development within significant natural areas containing wetlands, woodlands, and wildlife environmental studies are needed to demonstrate that there will be no negative impact on natural features or their ecological functions. The PPS also requires consideration of the diversity and connectivity of natural features and linkages to be maintained, restored, or where possible, improved. The Official Plan policies are recommended to be modified to include those areas where development is either prohibited or requires supportive studies through the PPS and to recognize the importance of connectivity between natural features. In 2003, the Niagara Peninsula Conservation Authority produced its policies on Valleylands, Stream Corridors and Floodplains. The NPCA policies encourage local municipalities to designate valleyland and stream corridors and to include details on the development constraints /requirements of the NPCA in their Official Plan policies. Several new policies are proposed for the City's Official Plan which will inform the reader of the NPCA policies and where development must refer to the provisions of the Valleylands, Stream Corridors and Floodplains policies. 22 The City adopted a new Fill, Topsoil Removal or Site Alteration By -law in 2004. Policy 3.311 is recommended to be modified to refer to this new by -law instead of its predecessor. Modification 23 a) That Policy 3.3.1, Part 3 be amended by adding the word "rehabilitate" after the words "protect, maintain," and by adding the words "Water resources" after the words "Wildlife Resources b) That Policy 3.3.2, Part 3 be amended by adding the words "and the Niagara Peninsula Conservation Authority" after the words "Ministry of Natural Resources c) That Policy 3.3.4, Part 3 be amended by adding the following as the first sentence of the policy: "Development within areas containing significant habitat of endangered or threatened species and significant wetlands shall be prohibited. and that the word "other" be added after the words "Development within areas containing" in the next sentence. d) That Policy 3.3.4.5, Part 3 be amended be deleting the words "adversely impact" and replacing them with the words "have a negative impact" and by adding the words "or their ecological function" after the phrase "natural resources of the area" in the first sentence. e) That Policies 3.3.5 to 3.3.13 of Part 3 (inclusive), be renumbered to 3.3.6 to 3.3.14 (respectively). f) That a new policy be added to Part 3 as follows: g) "3.3.5 The City supports the natural heritage system approach which recognizes the importance of individual areas and features as well as the ties between them to the overall health of the natural environment. Linkages and natural corridors that connect the individual features can include valleylands, creeks, hedgerows, and service corridors. New development should not interfere with the function of these linkages and corridors and all efforts should be made through design for the enhancement or rehabilitation of natural resource connections." That Policy 3.3.10, Part 3 be amended by deleting the words "will have regard to" in the last sentence and replacing them with "or site alteration affecting fisheries resource will be not permitted except in accordance with 23 That Policy 3.3.12, Part 3 be amended by replacing the words "Topsoil Removal By -law" with "Fill, Topsoil Removal or Site Alteration By -law That Policy 3.3.14, Part 3 be amended by inserting the word "adjacent" after the words "Any works" and by adding the words "Niagara Peninsula Conservation Authority or the" prior to the words "Ministry of Natural Resources That the following new policies be added to Part 3: "3.3.15 A permit from the Niagara Peninsula Conservation Authority is required for the placement or removal of fill in areas regulated as Fill Areas by the NPCA. 3.3.16 The City shall consult with the Ministry of Natural Resources, the Niagara Peninsula Conservation Authority and the Niagara Parks Commission for any development proposal along the Niagara River that may have an adverse impact on the watercourse. 3.3.17 The City shall promote the function of valleylands or stream corridors as natural resource linkages and encourages the protection, naturalization and, wherever possible, the rehabilitation of valleylands or stream corridors in accordance with the Valleylands, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority. 3.3.18 Development along all valleylands and stream corridors, regardless of their designation in this plan, will be subject to a minimum setback of 7.5m from the top of slope or up to 30m for Type 1 fish habitat, whichever is greater, for all buildings or structures in accordance with the Valleylands, Stream Corridors and Floodplains policies of the Niagara Peninsula Conservation Authority. 3.3.19 Where, as a result of a planning application, new Floodline, valleyland, or stream corridor mapping has been generated to the approval of the Niagara Peninsula Conservation Authority, amendments to this Plan may not be required. However, where the planning application involves a site specific zoning By -law amendment, the City's Zoning By -law will be amended accordingly. 3.3.20 Any development within natural valleys where the bank height is greater than or equal to 3 metres (10') or on lands adjacent to these slopes must obtain approval from the NPCA. The City's Zoning By =law may recognize all valleylands and stream SECTION 4 HOUSING STRATEGY 24 The Housing policies of the PPS have been modified to require a 10 -year supply of residential growth through intensification and redevelopment, and if necessary through lands designated for residential development. Previously the 10 -year supply could all be supplied by undeveloped, residentially designated lands. This revised policies emphasizes the Province's intent to use urban lands and infrastructure efficiently. The wording of Policy 4.1 must be amended to reflect the PPS. According to the PPS, efficient use of land is based on a design that supports the use of alternative modes of transportation, public transit being one of the most important forms. A new policy can be added to Policy 4.4 that identifies transit oriented development design as a method of providing a range of housing choices. Higher densities are encouraged in the PPS and intensification targets may become part of the Province's Growth Plan strategy. Minor wording changes to Policy 4.5 will encourage residential conversions and refer to the applicable Provincial guidelines and regulations. Modification 26 a) That Policy 4.5, Part 3 be amended by deleting the phrase "Proposals for the" at the beginning of the first sentence and replacing it with the word "The" and by adding the phrase "be encouraged where appropriate and" after the word "shall b) That the following be added as a new policy to Part 3, Section 4: "4.5.6 Intensification targets and phasing policies set through provincial plans amended from time to time The PPS requires Planning Authorities to establish and implement minimum targets for the provision of affordable housing (low and moderate income households based on the regional market area). This requirement can be incorporated into the Official Plan by amending Policy 4.13. Modification 27 That Policy 4.13, Part 3 be amended by adding the phrase "and shall establish and implement minimum targets for the provision of affordable housing in consultation with the Region" after the words "when appropriate SECTION 5 AMENITY AND DESIGN STRATEGY The Streetscape Master Plan was completed in 2001. This Plan provided streetscaping details primarily for the tourist area, however, it provides some good background for updating the Amenity and Design Policies of the Official Plan. Policies are proposed for this section that will encourage the use of streetscape plan, urban design guidelines or community plans in cooperation with area land owners and Business Improvement Areas; and to encourage compliance with both completed plans and plans that are underway. Another proposed new policy encourages the consolidation of driveway entrances to improve traffic flow. Modification 28 That Section 5.2, Part 3 be deleted in its entirety and replaced with the following: 25 "5.2 The creation of attractive streetscapes that contribute to a desirable community character shall be encouraged. The pedestrian realm shall be safe and convenient. Streetscaping should serve to improve the pedestrian experience of an area through the use of amenities such as widened sidewalks, decorative street lighting, rest areas, and soft landscaping features. 5.2.1 The City shall encourage the enhancement of streetscapes whenever exterior building renovation, facade improvementand upgrading ofthe municipal right -o ay occurs. 5.2.2 The improvement and upgrading of streetscapes in encouraged. Where appropriate, streetscape plans, urban design guidelines or community improvement plans will be undertaken and implemented in cooperation with area land owners and BIA's. 5.2.3 The City shall cooperate with other levels of government in protecting existing trees and planting new trees along roadways and highways in accordance with municipal, Regional and Provincial guidelines for aesthetics, maintenance and safety. 5.2.4 In all public works, no trees within the road allowance or on public property shall be removed unnecessarily, However, if they must be removed, suitable trees shall be replaced as soon as possible where it is desirable and practical. 5.2.5 The City shall participate in tree planting programs to enhance the environment and shall encourage private landowners to protect existing trees and plant additional trees on their own property. 5.2.6 In cooperation with the appropriate agencies, the number of utility poles shall be minimized and overhead wiring shall be progressively buried underground. 5.2.7 Wherever possible, driveway entrances shall be consolidated within and between properties to improve traffic flow efficiencies." SECTION 6 ENVIRONMENTAL QUALITY 26 Three minor wording changes are recommended within this Section, all based on the new Provincial Policy Statements. In the Preamble, a reference to the increased use of public transit or alternative modes of transportation in order to support a healthier environment are recommended. The PPS requires planning authorities to protect, improve or restore the quality and quantity of water and as such a policy that requires special studies, where warranted, to ensure the protection of surface and ground water features is recommended. Energy efficiency and improved air quality are other issues that the PPS require local municipalities to support. A new policy is proposed stating Council's commitment to support measures leading to energy efficiency and improved air quality such as efficient designs, a compatible land use mix, and solar and wind energy. 27 Modification 29 a) That the third sentence of the Preamble to Part 3, Section 6 be amended by adding "increased use of public ``transit or alternative modes of transportation," following the words "greening and landscaping b) That Policy 6.1, Part 3 be modified by deleting the words "and surrounding area" and replacing them with "and the quality and quantity of surface and ground water features c) That the following policy be added to Part 3 Section 6: "6.11 Council supports compact, efficient designs, a compatible mix of land uses and the use of alternative or renewable energy, such as solar and wind, to support energy efficiency and improved air quality." PART 4 ADMINISTRATION AND IMPLEMENTATION SECTION 1 PROVINCIAL POLICIES, OFFICIAL PLANS OF THE REGION AND ADJACENT AREA MUNICIPALITIES The recent amendments to the Planning Act require Municipalities to "be consistent with" rather than "have regard to" any Provincial Policy Statements issued. The wording of Section 1, Part 4 must therefore be updated to reflect the Planning Act. Modification 30 a) That the first sentences of the Preamble to Part 4 be amended by deleting the words "must have regard to" and replacing them with "shall be consistent with b) That Policy 1.1, Part 4 be deleted in its entirety and replaced with tha following: "1.1 The Province has issued Provincial Policy Statements on matters relating to municipal planning under Section 3 of the Planning Act. Any development or redevelopment shall be consistent with the Policy Statements." SECTION 2 OFFICIAL PLAN REVIEW AND AMENDMENTS According to the Planning Act Regulations, required public meetings for amendments to the Official Plan must be advertised through the publication of a notice in the newspaper or by a mail -out to land owners within 120m of the subject amendment and a sign posted on the subject lands. The current Official Plan policy 2.4 complies with these regulations by stating that the City will advertise such meetings through the local newspaper. Policy 28 2.4 also notes that notice may be given through the mail but does not refer to the posting of a sign on the lands. The Planning Division routinely has signs posted for Official Plan amendments. The addition of this option to the Official Plan would be in compliance with current procedures. As noted previously, the PPS emphasizes efficient growth patterns based on population growth and intensification and redevelopment of existing sites /structures. The Policy Statements require a specific review of growth projections, alternative development sites, servicing, specialty crop lands and water quality management when considering an expansion to an urban area boundary. The following changes are recommended to the Official Plan to implement the Provincial Policy Statement. M© cation 31 a) That Policy 2.1, Part 4 be amended by deleting the words "growth patterns" and replacing them with "population and growth projections" b) That Policy 2.4, Part 4 be amended by deleting the phrase "to the public at least 30 days before the holding of the public meeting" in Sentence 3 as well as Sentences 4 and 5 and replacing them with the following "in compliance with the Regulations issued under the Planning Act." c) That Policy 2.6.2, Part 4 be amended by deleting the words "other sites or areas of the City" and replacing them with "alternatives sites or areas of the City or possible areas of intensification or redevelopment d) That the following new policies be added to Part 4, Section 2.6: "2.6.8 The protection of specialty crop land from development. 2.6.9 Any applicable cross jurisdictional issues such as, but not limited to servicing, transportation, watersheds and natural areas." e) That the following new policies be added to Part 4: "2.7 Expansion to the urban area boundary as identified on Schedule A will be considered during the periodic City review of the Official Plan as outlined in Policy 2.1. and through specific applications where a comprehensive review has been completed and it has been demonstrated that: 2.7.1 Growth opportunities do not exist through intensification or on lands currently designated and undeveloped to accommodate the projected needs for this use within the applicable period of this Plan. 2.7.2 Municipal services and facilities exist or have been planned for the development over the long term and that public health and safety is protected.- 2.8 For the purposes of this Policy 2.7 a comprehensive review shall include: SECTION 4 BY -LAWS Modification 32 29 2.7.3 Development will not result in the loss of specialty crop areas as identified by the Province as prime agricultural land unless, in the case of prime agricultural land, there are no reasonable alternatives which avoid prime agricultural lands or there are no reasonable alternatives on lower priority agricultural lands. 2.7.4 There will be minimal impact on nearby agricultural operations and that any impact will be mitigated to the extent feasible. 2.8.1 A review of population and growth projections. 2.8.2 The exploration for alternative directions for growth including intensification and redevelopment. 2.8.3 The review of the integration between the expansion and the provision of municipal services and public facilities. 2.8.4 Confirmation that the site does not include specialty crop lands. 2.8.5 A review of cross jurisdictional issues such as natural areas or water quality management." The changes proposed to Section 4 relate to updating the policies to current regulations. It is recommended that Policy 4.1.2.2 be simplified by referring to the Regulations under the Planning Act for public notification requirements. It is also recommended that the section of the Planning Act which deals with temporary uses be referenced. This is consistent with the other policies of Section 4 which refer back to the appropriate section of the Planning Act. A grammatical error in Policy 4.4.3 is recommended to be corrected. a) That Policy 4.1.2.2, Part 4 be amended by deleting the second, third and fourth sentences and by adding the following as the second sentence: Notification of such meeting(s) will be given in accordance with the Regulations issued under the Planning Act. b) That Policy 4.4.1, Part 4 be amended by adding the words "Section 39 of" after "In accordance with" and be replacing the word "conditions" with "condition That Policy 4.4.3, Part 4 be amended by adding the word "an" between the words "grant "and "extension SECTION 8 LAND DIVISION COMMITTEE In 2000, the responsibility of the Regional Niagara Land Division Committee to make decisions on applications for severance was downloaded to the City's Committee of Adjustment. The title of Section 8 should be updated to reflect this change as should all references to the Land Division Committee. Modification 33 a) That the title of Section 8, Part 4 be changed from "Land Division Committee" to "Consent Policies That the Preamble to Section 8, Part 4 be amended by deleting the phrase "Regional Land Division Committee" and replacing it with "Committee of Adjustment". The lot creation policies of the 2005 PPS prohibit the creation of new residential lots in prime agricultural areas (i.e. Niagara Falls) except for residences surplus to a farming operation. Consequently the current consent policies of the Official Plan must be updated to delete farm retirement lots and residential infilling in the agricultural area. In addition, the surplus farm residence policies must be updated to comply with the Policy Statements. Consents are permitted by the PPS for lots for facilities and corridors such as sewage and water systems, waster management or transit/transportation corridors and a new policy to the Official Plan is proposed to reflect this. Modification 34 30 a) That the first sentence of Policy 8.2.3, Part 4 be amended by deleting the word "abutting" and by deleting the word "ownership" and replacing it with "farm operation b) That the following sentence be added as the second sentence to Policy 8.2.3, Part 4: "The vacant farm operation created by the severance shall be rezoned to preclude any further residential development." c) That Policies 8.2.4 and 8.2.5 of Part 4 be deleted in their entirety. d) That the following new policy be added as Policy 8.2.4, Part 4: "8.2.4 Consent may be granted for the creation of a lot for facilities and corridors that cannot be accommodated through the use of easements or right of way. Notwithstanding any other policies in this plan, facilities and corridors, for the purpose of this policy, shall include: sewage and water systems, septic systems, waste manamment systems, electric power 9eneation and 31 SECTION 9 COMMITTEE OF ADJUSTMENT This Section is out -of -date with the provisions of the Planning Act and the powers provided to the Committee of Adjustment under the Act. Minor wording changes to the policies of this section are appropriate to clarify the policies and to include all the considerations outlined by the Act. The Title of Section 9 should be changed to "Minor Variance and Related Approvals The name change would better reflect the purpose of the policies within this section and allow the Section Name to be consistent with the other titles in Part 4 (By -laws, Consent to Sever, Subdivision Control, Site Plan Control, etc.). As noted in Section 8, the mandate of the City's Committee of Adjustment has expanded to include decisions on applications for consent to sever which is not dealt with in this Section thus continued use of the title "Committee of Adjustment" may be confusing. There are 4 tests under the Planning Act to consider when dealing with a variance application: that the application is minor in nature, is in keeping with the intent and purpose of the Official Plan and Zoning, and is appropriate for the land, building or structure for which the variance is proposed. A slight rewording of Policy 9.2 brings all of the 4 components of the test into the Official Plan. The current policies recognize that the Committee of Adjustment may grant extensions to non conforming uses but does not add that buildings or structures may also be extended and should therefore be updated. It is also recommended by Planning Staff that the policies emphasize that only `legal non conforming uses" (i.e. uses that were legally operating on the date of passing of the City's Zoning By -law) may be granted extensions under the Act and not illegal uses. 32 When considering an extension or enlargement of a non conforming use, the Planning Act states that the use must be similar to or is more compatible with existing development. Addition of this wording to Policy 9.5.2 is recommended. Extensions of legal non conforming uses are not usually subject to site plan control therefore it is recommended that where extensions are requested, the applicant provide protection of neighbouring properties and where applicable, enhancement of the current conditions of the site in Policy 9.5.3. The Planning Act allows the Committee of Adjustment to permit the use of any land, building or structure which conforms with the general uses permitted by the Zoning By -law. The addition of a new policy would include provision of the Act. PART 5 APPENDICES APPENDIX 1 DEFINITIONS 33 Seven new definitions are proposed for the Official Plan all resulting from the recent changes to the Provincial Policy Statement (PPS) and the Ontario Heritage Act. With changes to the natural heritage policies in the PPS some new terms used in the proposed modifications listed above are to be defined: adverse impacts; ecological function; significant wetlands; and significant habitat of threatened or endangered species. The Ontario Heritage Act has introduced the terms: cultural heritage landscape, built heritage resource and cultural heritage value or interest. These terms are included in the proposed modifications to the heritage policies of the Official Plan and should be clarified through definitions. A revision to the definition of affordable housing is proposed. In the past the definition of affordable housing has been modified. With the passing of the Places to Grow Act (June 13, 2005) and the draft Greater Golden Horseshoe Growth Plan, the definition of affordable housing is expected to be further refined and possibly catered for sub regions of the province. It is proposed that the Official Plan definition of affordable housing be made more flexible by deleting the second and third sentences which read "These households are within the lowest 60 percent of the income distribution for a specific geographical area. Annual housing costs should not exceed 30% of gross annual household income in order to be classified as affordable. The definition will retain reference to affordable housing as recognized by the Province. The 2005 PPS deletes the provision for consent to sever a farm retirement lot therefore the definition of a full -time farmer is no longer applicable to policies in the Official Plan and should be deleted. Also proposed for modification to the Official Plan is a renumbering of the definitions where necessary to accommodate the listing of the definitions in alphabetical order. 34 cause harm or material discomfort to any person; negatively affect on, the health of any person; render any property /plant/animal life unfitfor human use; result in Toss of enjoyment of normal use of the property; or interfere with the normal conduct of business. 1.5 "Built Heritage Resource" one or more significant buildings,, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history that are of value for the important contribution they make to our understanding of the history of a place, an event, or a people. 1.8 "Cultural Heritage Landscape" a defined geographical area, often modified by human activities, that are valued for their important contribution to our understanding of the history of a place, an event, or a people. The geographical area may have been specifically designed or may have evolved over time and may be continuing to evolve. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or part such as gardens, main streets, neighbourhoods or trails. 1.9 "Cultural Heritage Value or Interest" includes built heritage resources, cultural landscapes and sites of archaeological importance. 1.10 "Ecological Function" the natural process, product or service that environments provide or perform within or between species, ecosystems and landscapes. 1.22 "Prime Agricultural Land" lands that include where specialty crops are grown (such as, but not limited to, tender fruit, grapes, vegetables, greenhouse crops) and /or Canada Land Inventory Classes 1, 2, and 3 soils. 1.28 "Significant Habitat of Threatened or Endangered Species" the habitat, as approved by the Ministry of Natural Resources, that is necessary for the maintenance, survival, and /or the recovery of naturally occurring,, or reintroduced populations of species that are listed as a threatened or endangered species on the Ministry of Natural Resources' official species at -risk list. The habitat includes those areas of occurrence that are occupied or habitually occupied by the threatened or endangered species during all or any part of its life cycle. SCHEDULES SCHEDULE A FUTURE LAND USE 35 The Environmental Protection Area designation along watercourses has been based on applicable floodlines related to prepared mapping. Several watercourses in Niagara Falls have had their floodline mapping revised from the Regional Floodline to the 100 Year Floodline which, according to Policy 12.12 of the Environmental Protection Area policies, did not require an Official Plan amendment but were to be reflected in zoning by -law amendments. An update to the Official Plan mapping would be appropriate as part of this review. The watercourses affected are: Thompson Creek, Warren Creek, Usshers Creek and the portion of Lyons Creek west of the Q.E.W.. The Regional Floodline shall apply to Beaverdams Creek, Shriner's Creek, Ten Mile Creek and Tributary W -6 -5 as per the Niagara Peninsula Conservation Authority Flood Plain Policies (Policy 5.2). In some situations, the land use designation of the Official Plan differs from the applied zoning on specific properties for a variety of reasons. Updating the Official Plan designation for the following lands would be appropriate through this amendment: a) City Owned Lands north of Forest Ridge Drive and south of the CN Rail Lines: The lands were zoned Environmental Protection Area as a condition of a Plan of Subdivision and also taken as open space dedication through the subdivision process. The site is treed and sloped. An Environmental Protection Area designation should replace the current Residential designation. b) 6161 Thorold Stone Road: The lands are currently designated Major Commercial and Residential and were zoned General Commercial by By -law No. 2003 -75. A small portion of land at the rear of the property is designated Residential. An Official Plan amendment was not considered necessary at the time of the zoning amendment because it was considered to be a minor adjustment to the boundary. 36 Applying the Major Commercial designation to this small portion of land is considered a housekeeping amendment. c) East side of Garner Road, between McLeod Road and Lundy's Lane and north of the Hydro Corridor: The current Open Space and Residential designation of these lands do not accurately reflect the boundary of the Provincially Significant Wetland. A revision to the Official Plan designation would recognize the existing dwellings along Garner Road (some of which were designated Open Space) as well as the PSW. An Environmental Protection Area designation should apply to lands within the PSW limits and a Residential designation should apply to the abutting existing residential lots. d) 6110 Lundy's Lane (Drummond Hill Cemetery): Currently designated Tourist Commercial, Minor Commercial and Residential. An Open Space designation would best reflect the existing use. e) Awoodlot bounded by Ort Road, Willick Road and Lyon's Creek Parkway, identified as Part 1 of Plan 59R- 10157, was dedicated as a block of land in the Chippawa West Phase 2 Plan of Subdivision to preserve the woodlot. The City's zoning by- law was amended to apply a site specific Open Space (OS) zoning over the woodlot for preservation. The present Official Plan designation is Residential. An Environmental Protection Area designation should be applied to the lands to recognize the natural feature. Two instances of land exchanges which were not reflected through an exchange of land use designation can be corrected through this amendment on the following lands: a) Dwellings fronting onto Dawn Crescent are currently identified as Open Space while the abutting park (Mulhern Park) fronting onto Belfast and 37 Baldwin Avenues has been identified as Residential. A switch in the designation would reflect what has been developed. b) Two housing developments located at 6945 and 6995 Ailanthus Avenue, north of McLeod Road and the Hydro Corridor (see diagram below) are shown as Open Space on some portion of the properties. C.B. Wright Park (to the north) is shown as Residential. Schedule A should be amended to reflect the existing land uses. The following instances are where designations do not follow property lines or where a split designation applies to the property. Although the designation boundaries in the Official Plan are not intended to be accurate to scale, clarification of the designations can be accomplished through minor technical changes to Schedule A. a) 5175 Victoria Avenue: This property contains a small shopping mall which occupies the whole of the property. The rear half of the lands currently designated Residential and should be redesignated Minor Commercial which is in line with the designation of the front half of the lands and the existing use. b) 4848 Victoria Avenue (Niagara Falls Public Library): The rear of this property, including the parking area and part of the Library building, is designated Residential and should be changed to Minor Commercial to reflect the existing use and match the remaining designation. 38 c) 8444 8870 Lundy's Lane: The Tourist Commercial designation of these properties (beginning at the east side of Garner Road to the second lot west of Kalar Road) does not extend to the rear property line. It is recommended that the current Residential designation be changed to Tourist Commercial since the whole of some of the properties are presently being used for commercial use. The lands to the rear of this strip are vacant. d) 7864 8226 Spring Blossom Drive (inclusive): The lands on the south side of Spring Blossom Drive between and including the addresses listed above contain developed single family dwellings and have a split designation of Residential and Tourist Commercial. A Residential designation should be applied to all of the lands. e) 5580 Kalar Road: An industrial use is located on this property. Half of the lands is designated Industrial while the eastern half is designated Residential. The whole of the lands is zoned General Industrial and contains the industrial building or associated parking. The property should be redesignated to a single Industrial designation. f) 7301 Lundy's Lane (Super Putt): A triangular portion to the rear of the property, along Royal Manor Drive, is designated Residential. This portion contains the parking lot for the Miniature Golf use. The remainder of the land is designated Tourist Commercial. The Residential designation should be replaced with Tourist Commercial. g) 5752, 5720, and 5688 Royal Manor Drive: These three lots contain single family dwellings and are designated Tourist Commercial. They are zoned Residential. A Residential designation should be applied to these properties. h) 7296, 7304, 7312, 7320, 7328 Alex Avenue: All of 7296 7312 Alex Avenue and portions of 7320 7328 Alex Avenue are designated Major Commercial in the Official Plan. All of these lots are zoned Residential and contain single family dwellings. A redesignation to Residential would bring the lots into line with the existing use and zoning. 39 There are currently four golf courses outside of the City's Urban Area boundaries. The two courses located south of the Welland River are designated and zoned Open Space while the other two courses north of the river are designated and zoned for agriculture. The two northern courses (Niagara Falls Golf Course and Beechwood Golf Course) are recognized through a notwithstanding policy in the Official Plan's Good General Agricultural Section (Policy 7.8). A change in designation for the two northerly courses would recognize the existing uses and provide a consistent treatment of golf courses across the non -urban areas of the City. The zoning of these courses as open space uses can be recognized in the City's draft zoning by -law. An Open Space designation permits golf courses as is recommended for the Niagara Falls and Beechwood Golf Courses. Policy 7.8, Part 2 should be deleted. The northern portion of the Willowdell Golf Course is designated Open Space in the Official Plan, however, the southerly portion of the lands has remained designated Rural due to a drafting omission. It is recommended that the whole of the Golf Course property be placed under the Open Space designation. SCHEDULE C MAJOR ROADS PLAN An update to Schedule C to reflect the road jurisdictions listed in Policy 1.4.16 as well as the road classifications outlined in the Road Networks policies. jVIII� I11h1 •x um le11:Ta I P lig rni 1 aidierib App IOW ii Nie l Mb m ill Aota 0 %ice iv- MA ir K µ4V. „AL.* 11 o n Residential To Environme Protection rea 2 144 hi 4 4 11 4, 1 kit "Vi k ..1"; *Abet 4 Mill MOM 3 Area currently zoned Open Space And Proposed T., be designated Environmental Protection Area 4 ARMOURY ST Iiggiir I JEPSON ST JEPSON ST MAN immarr VIM "dr 4#4r /ma ResTo Gal /oI 4 Minor Commercial A i I, Q Alb IIIIIMMVP.# 4, 1 5 Residential To Minor Commercial r sr AA it iiira.�,.,, :a rnw 4 Y A; v 44 A r%/ I r 1 dAt. A i i '0 i i i i ST SIMCOE: oaolaaa ra oo»o tt a 541:11 :mann r pm. nv 6 Modification 45 d) auiuiiiilihIIIIIIflhIIIII MIN 11111 CATALINA ST CATALINA ST GATAAST 1 1 1 1 Iona sossom r 7 9 10 Niagara Falls The City of Canad Current By -laws and Legislation Members: Corporate Services Department PD- 2005 -73 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 October 3, 2005 Re: PD- 2005 -73, Tree Preservation By -law for the City of Niagara Falls RECOMMENDATION: It is recommended that Council: 1) support the continued preservation of woodland by the Regional Municipality of Niagara; 2) notify the Region of Niagara of its support, in principle, to delegate its power to pass a by- law respecting the destruction or injuring of trees in woodlands greater than 0.5 hectares in size and the enforcement of such by -law to the Niagara Region subject to the review of the Region's Forest Conservation By -law; and 3) encourage the Region to advance the preparation of its Forest Conservation By -law. BACKGROUND: At the May 17, 2004 Council meeting, a motion was passed for staff to initiate the process of developing a Woodland Heritage Tree Conservation By -law under the Municipal Act. Since then, Planning staffhas held technical committee meetings with representatives from Building and By -law Services, Parks, Recreation and Culture and Legal Services, conducted research and has had discussions with Regional staff. The purpose of this report is provide Council with the options available for tree preservation under the Municipal Act and offer a recommendation on the preferred method of pursuing tree preservation. The conservation of trees on privately owned lands in Niagara Falls is currently managed through the Region's Tree Conservation By -law No. 8541 -96 which was passed under the authority of the Ontario Forestry Act. In 2003, the Province transferred the authority to regulate tree cutting to the Municipal Act. The Region is in the process of drafting a new Forest Conservation By -law under the Municipal Act. Public meetings on the by -law will be held but have not yet been scheduled. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 increased fines; and 2 PD 2005 73 The new Municipal Act offers a higher level of protection for trees on private lands than those provisions under the Forestry Act. Changes under the Municipal Act include: the "prohibition" rather than the "regulation" of the destruction or injuring of trees; the right of appeal to the Ontario Municipal Board against the decision to refuse a request for tree cutting. The current Regional Tree By -law applies to all woodlots in the Region that are 0.8 hectares (2 acres) or more in size or 0.2 hectares (0.5 acres) or more in size within an Urban Area Boundary. Under the New Municipal Act, those areas of the Region's current Tree By -law that are not consistent with the Act will not longer be in effect. Since the Municipal Act limits Regional by -laws to those woodland areas that are greater than 1 hectare (2.5 acres) in size, it is possible that those woodlands that are less than 1 hectare in size will not be protected effective January 1, 2006. However, the Municipal Act does allow a number of options for municipal regulation and enforcement of tree protection for woodlands: The Region may delegate all or part of its power to pass a by -law to a local municipality. The City may delegate all or part of its power to pass a by -law to the Region. In the case of an overlap, the regional by -law will take precedence over the local by -law. The Act also allows a by -law passed at the local level to be enforced at the regional level, or vice versa, by agreement subject to the costs for enforcement being borne by the approval authority. Options Within the Niagara Region, the Town of Fort Erie is the only local municipality that has undertaken a tree preservation by -law under the Municipal Act. The other municipalities have not yet addressed the issue of a local tree preservation by -law. The original motion put forth by Council suggested that the City consider a by -law similar to Fort Erie's by -law. The Fort Erie by -law applies to all woodlands of at least 0.5 hectares (1.2 acres) in size as well as any individual trees of heritage or community significance and enforcement of the by -law is to be assumed by the Municipality. Staff has reviewed the options available under the New Municipal Act. The pros and cons of the options have been listed on Appendix 1. Option 3, which involves the uploading of by -law administration and enforcement to the Region, would appear to have some advantage over the other options. This option would eliminate an overlap and duplication of administrative services for woodland preservation. It would also establish a consistent approach to the protection of woodland both within the City and across municipal boundaries and would take advantage of the existing knowledge and training of Regional staff, the Tree Advisory Committee and the Region's forestry expert. As such, the costs involved in administering and enforcing a woodland by -law at the local level (such as the costs of training existing City staff, updating the City's Urban Treed Lot Inventory, and retaining a certified tree expert) are avoided. October 3, 2005 3 PD- 2005 -73 The draft Regional Forest Conservation By -law includes the provision for Regional protection and enforcement for woodlands greater than 0.5 hectares (1.2 acres) in size if agreed to by the local municipality. However, this by -law has not yet been approved by Regional Council and has not yet been reviewed by City Council. It is suggested that the City support, in principle, the uploading of woodlands between 0.5 hectares and 1 hectare to the Niagara Region. Once City Council has had the opportunity to review the Region's draft Forest Conservation By -law, the City can formalize the uploading of woodland protection through a by -law of Council. With support in principle, the City would also have the option to forego the uploading should it conclude that the draft Regional by -law cannot be supported for any reason. The Region should be encouraged to proceed with the Tree Preservation By -law as soon as possible to ensure that woodlands less than 1 hectare in size across the Region can be protected under the new legislation. CONCLUSION: Under the Municipal Act, the City can delegate the regulation and enforcement of tree preservation on woodlands less than 1 hectare in size to the Niagara Region with the agreement of the Region. This option takes advantage of the existing knowledge and procedures of Regional staff as well as the review function of the Region's Tree Advisory Committee, which includes a staff representative from Niagara Falls. It is also the process supported by Regional staff. The Region is encouraged to proceed quickly with the development of the Forest Conservation By- law under the Municipal Act to strengthen the preservation of woodlands across the Region. It is recommended that the Region be advised of the City's support, in principle, of uploading its power to pass a by -law respecting the destruction or injuring of trees to the Niagara Region. Should a Regional by law not be enacted or in the process of being approved by January 2006, the City may then choose to proceed with the creation of a Local Woodland Heritage Tree Conservation By -law for those woodlands less than 1 hectare in size. With approval in principle, Staff and Council will have the opportunity to review the Region's Forest Conservation By -law prior to passage of a delegation by -law under the Municipal Act. Prepay d by: Frdncesca Berardi Planner 2 R onnended by: l Doug Darbyson Director of Planning Development FB:gd Attach. S:\PDR\2005\PD2005 -73, Tree Preservation By- 1aw.wpd T. Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer APPENDIX 1 1 2 3 Option Prepare a by -law to regulate all woodlots and individual trees within the City of Niagara Falls and request to the Region that the authority to pass and enforce the by -law as it pertains to woodlands greater than 1 hectare in size be delegated to the City. Prepare a by -law to regulate woodlots under 1 hectare in size and for individual trees as specified and a) delegate the authority to enforce the by -law to the Region; or b) enforce the by -law at the municipal level Delegate the authority to pass and enforce a by -law to regulate woodlots less than 1 hectare in size within the City of Niagara Falls to the Region. Advantages the City has total responsibility over the protection of all woodlots Option 2a) establishes protection for wooded areas not covered by the proposed Regional By -law, especially within the urban area boundaries the enforcement of the by -law within the existing Regional structure (including existing resources such as trained staff and the Region's Tree Advisory Committee) may be less costly than establishing a parallel system within the City Option 2b) establishes protection for wooded areas not covered by the proposed Regional By -law, especially within the urban area boundaries the City has more direct input on the trees to be retained within the urban boundary less expense to the City than Option 1 eliminates an overlap /disruption of services the administration, review and enforcement of all wooded areas will be assumed by the Region a consistent approach to the protection of all wooded areas both within the city and among other municipalities in the Region utilization of the existing knowledge and structure in place at the Region such as the Tree Advisory Committee which includes a representative from the City costs of enforcement may be bourne at Regional level or negotiated Disadvantage the preparation of the by -law for all wooded areas will involve more staff time and effort due to the scale of the by -law coverage the possible involvement of Council to consider legal action against major infractions additional staffing and training will be required as well as the costs in retaining forestry experts in some specific situations* there are costs associated with the administration of the by -law including: the review and issuance of permits, the enforcement of infractions and legal representation for those applications which are appealed to the Ontario Municipal Board the by -law would need to be consistent with the Region's new by -law possibly limiting Local autonomy the costs of enforcement at the Regional level are unknown increased workload for City Council to consider legal action against infractions additional staffing and training will be required as well as the costs in retaining forestry experts in some situations* costs associated with the administration of the by -law including: the review and issuance of pen nits, consultation with a certified tree expert, the enforcement of infractions and legal representation for those applications which are appealed to the Ontario Municipal Board there is less local decision making with regards to the issuance of permits and the prosecution of infractions revisions to the by -law in terms of affected trees, exemptions, etc. will be at the discretion of the Region The City's Parks and Recreation Staff has conducted a preliminary review of the costs associated with the enforcement of tree preservation by -law for woodlots with an area less than 1 ha at the local level by the City's Parks and Recreation Division utilizing existing staff (Option 2b). The costs would need to consider: an update to the City's Urban Wooded Treed Inventory and Assessment Study (1993) at a possible cost of $20,000 based on Regional statistics on past incidents ofby -law violations, it is possible that consultation with a certified tree expert on specific violations may total $7,500 pr year. City costs would rise if violations are pursued through legal channels training for staff of about $500 per year These estimates are based on the assumption that the workload associated with the application and enforcement of such a by -law could be assumed by existing Parks and Recreation Staff in the form of an administrator and the Forestry Supervisor. The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2005 -76 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 October 3, 2005 Re: PD- 2005 -76, Main Ferry Community Improvement Plan (CIP) Hiring of Consultant It is recommended that Council authorize the hiring of, and execution of an agreement with RCI Consulting (RCI), Marshall Macklin Monaghan Limited (MMM), and du Toit Allsopp Hillier (DTAH) to prepare a Community Improvement Plan for the Main and Ferry Street area. The 2005 City Budget includes $60,000 to hire a consultant to prepare a Community Improvement Plan (CIP) for the Main and Ferry area. The Main and Ferry BIA will be contributing an additional $30,000 for the project. The subject area comprises of an older commercial district which is struggling both economically and socially. There are a number of older historic buildings that are in a state of disrepair. The CIP will develop selected strategies for the revitalization of the area which will include the development of conceptual urban design guidelines, certain financial incentive programs and an implementation strategy that identifies the roles of the City, BIA and property owners. The Main and Ferry CIP Technical Committee, consisting of staff from various City Departments and a member of the local BIA, sent out proposal calls to five qualified firms. Proposals were received from two firms with both land use planning experience and experience in developing financial incentive programs. The Committee is recommending the team of RCI Consulting, Marshall Macklin Monaghan Limited and du Toit Allsopp Hillier to carry out the CIP. Luciano Piccioni of RCI Consulting will act as project manager. He is recognized as an expert in the use of municipal financial incentives in community improvement planning and has prepared a number of CIPs including the City's Downtown CIP and City Wide Brownfield's CIP which is nearing completion. Marshall Macklin Monaghan will provide land use planning expertise for the project and du Toit Allsopp Hillier will provide urban design services. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 The consultant's budget for the project is $89,750.00 inclusive of disbursements and taxes. The project is estimated to take about seven months to complete. The CIP will then require Regional and Provincial approval prior to implementation. Council will be kept apprised of the progress of the CIP including notices of future stakeholder meetings. Council's approval of the staff recommendation would be appreciated. Prepared by: Respectfully submitted: ggfa‘‘ Bob Bolibruck John MacDonald Community Improvement Coordinator Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services BB:tc S:\PDR\2005\PD2005- 76.wpd 2 PD- 2005 -76 United Way of Niagara Falls "Building a Caring Community" Address: 5017 Victoria Avenue, Niagara Falls, Ontario L2E 4C9 Phone: 905- 354 -9342 Fax: 905-354 -2717 email: unitedway @mail.caninet.com web: www.unitedwayniagara.org September 7, 2005 Mr. Dean Iorfida Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ont. L2E 6X5 Dear Mr. Iorfida: The 2005 United Way of Niagara Falls officially kicked off today. We have set an aggressive goal of $1,111,111 and are investigating different avenues to help promote the United Way. On behalf of this year's campaign cabinet, I respectfully request that the City of Niagara Falls consider flying the United Way flag during our campaign. As many citizens frequent city hall, we believe our flag will remind them of the ongoing campaign and also signal the municipality's support of the United Way. The campaign ends on November 25. Thank you in advance for your consideration of this request. Sincerely, DAl Angela Duerksen l[ Campaign Chair e Cathy Crabbe Kite Proclamation From: "Ben Roberts" <broberts @e3communications.com> To: ccrabbe @city.niagarafalls.on.ca> Date: 9/12/2005 9:53 AM Subject: Kite Proclamation Cathy, Page 1 of 1 Hope your weekend was good. Attached is the Kite Proclamation we discussed. I made it a joint proclamation, so both sides of the Falls can recognize this event. I will be sending the same copy of the proclamation to Mayor Anello's office. Hopefully they can read it together at the press conference on October 5. Thanks for all your help. I am in the office until noon today, and will be out until Wednesday, but can be reached on my cell at 716- 510 -5827 if you have any questions. Thanks again for all your help. Regards, Benjamin Roberts E -3 Communications, Inc. Public Relations Public Affairs 43 Court Street, Suite 910 Buffalo, NY 14202 Tel no. (716) 854 -8182 Fax no. (716) 854 -2515 broberts @e3communications.com www.e3commun ications. com file: /C:\ Documents% 20and% 20Settings \AdministratorTocal %20Settings \Temp \GW} 000... 9/12/2005 s PROCLAMATION WHEREAS, kite flying is a family orientated physical activity, environmentally friendly, educational in nature, ecologically sound, and fun, WHEREAS, kite flying and kite fliers, including Benjamin Franklin, Dr. Alexander Graham Bell, and the Wright Brothers, are an integral part and the quintessential ingredient of innovation, WHEREAS, kites have made a significant contribution to the arts, sciences, mathematics, history, cultural awareness and appreciation around the world, WHEREAS, in 1848 fifteen year old Homan Walsh won a kiteflying contest providing the important first connection between Canada and the United States to commence construction of the areas first suspension bridge that spanned the mighty Niagara Gorge, WHEREAS, the Niagara International Kite Festival is planned for October 7 9, 2005, at various locations to commemorate Homan Walsh and his historical kite flying feat, WHEREAS, kite flying holds special importance in the Niagara Region, assisting in the building of the areas first suspension bridge across the Niagara Gorge, thus connecting the two great countries of Canada and the United States, linking them together in joint economic prosperity and unparalleled international friendship, WHEREAS, the Niagara International Kite Festival falls on the same weekend as One Sky One World Kite Day, an annual event being celebrated this year on Sunday, October 9 at sites all over the world in an effort to promote environmental awareness and global peace, BE IT HEREBY RESOLVED, that the mayor of Niagara Falls, Ontario and the mayor of Niagara Falls, NY officially designate the weekend of October 7 -9, 2005 as Niagara International Kite Festival Weekend, BE IT FURTHER RESOLVED, that the mayor of Niagara Falls, Ontario and the mayor of Niagara Falls, NY encourage citizens of both great countries to participate in the joy and excitement of the Niagara International Kite Festival. Hon. Ted Salci Hon. Vincenzo V. Anello Mayor Mayor Niagara Falls, Ontario Niagara Falls, USA CUPEISCFP Ontario July 20, 2005 Greetings Mayor Salci, We are writing to ask that you and your Council, once again endorse a day of recognition for the many people who work providing care to children in your community. Last year you were one of over one hundred municipalities that proclaimed this day of appreciation making it such a success. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing Child Care workers across Ontario are asking that this year Wednesday October 26 2005 be proclaimed as Child Care Worker Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of Child Care workers. Child Care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible, high quality Child Care. This benefit comes from the number of people employed in the Child Care industry and because the availability of Child Care allows parents to work and to contribute to the economic life of society. To help us to promote this day we would also like to ask your Council to provide financial support for public announcements, for example, advertising the day on the side of city buses or other means your Council uses to reach out to the public and we are happy to provide artwork to facilitate this process. We hope that with your active support your proclamation of this day of recognition will encourage and support a day of community recognition for Child Care workers. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating Child Care workers across Ontario on October 26 2005. Thank you for your consideration. Yours sincerely, r F in! 25 i0O5 Sid Ryan President Patrick (Sid) Ryan President ONE STRONG VOICE 305 Milner Ave, Suite 801 Scarborough, ON M1 B 3V4 Phone: 416 -299 -9739 Fax: 416 299 3480 Web: cupe.on.ca E mail: cupeont@web.net Shellie Bird. President, OCBCC COPE 491:mp Brian O'Keefe Secretary Treasurer ��czkmsma 6aallad 6inao cZ, ooLia amcgaD �a Iotad mamCs saanaaatit L�L WHEREAS thirty -five years of research confirms the benefits of high quality child care for e nal, social and physical development and later life outcomes; and WHEREAS child care promotes the well -being of children and responds to the needs of parents, child care workers and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and WHEREAS recent studies clearly show trained and knowledgeable Early Childhood Educators and child care workers are the most important element in quality child care, and further that good wages and working conditions are associated with higher job satisfaction and morale, lower staff turnover all of which predict higher quality care THEREFORE BE IT RESOLVED that October 26, 2005 be designated the 4th annual "Child Care Worker &t Early Childhood Educator Appreciation Day" in recognition of the influence, dedication and commitment of child care workers to children, their families and quality of life of the community. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905/356 -7004 September 22, 2005 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Re: PUBLIC LIBRARY WEEK PROCLAMATION Ontario Public Library Week will be celebrated throughout our province from October 17 to 23, 2005. The Niagara Falls Public Library requests that City Council proclaim this week as Ontario Public Library Week in Niagara Falls. I have enclosed a sample wording of the proclamation for the consideration of Council. We invite you and all residents to visit and use throughout the year our four libraries and our website www.nfpl.library.on.ca which is alive with a wealth of helpful and accessible information including our "Niagara Historic Digital Collections" which features a local newspaper index and image database of photographs documenting the history of our community. Users of our website can also search the catalogue and research databases, place holds, renewals and much more. Sincerely, Joe Longo Chief Librarian ONTARIO PUBLIC LIBRARY WEEK October 17 23, 2005 "Destination Imagination" Whereas, the public library offers access to information resources which can drive your imagination; Whereas the four public library destinations in Niagara Falls are visited by more than 10,000 people in a typical week; Whereas, the public library supports personal growth, economic renewal and quality of life; Whereas, we recognize that the board and staff of the Niagara Falls Public Library provide a vital service to our community, Therefore, I Ted Salci Mayor of the City of Niagara Falls Proclaim October 17 23, 2005 to be Ontario Public Library Week and I encourage every person to use the public library this week and throughout the year. Office of the Mayor Inter Department Memorandum TO: Dean: Thank you. Cathy Crabbe Dean Iorfida FROM: Cathy Crabbe Executive Secretary Ext. 4202 RE: Resolution Request In June of this year our office was copied on a letter to the Hon. Harinder Takhar, Minister of Transportation from, LCo1. Bernard Nehring of The Lincoln and Welland Regiment, in which a request was made to consider options detailed in his letter to honour Major General Sir Isaac Brock on the occasion of the 200 anniversary of his death, October 13, 2012. LCo1. Nehring has had a response from the Ministry of Transportation with directions on how to make an official request to rename Highway 405 after General Brock. One of the requirements in a resolution from the City of Niagara Falls endorsing their efforts. Please include this request on the next council agenda.. 0&tetriL 1 "Al-Z. )d./ AwAtae-k-Yez;-7 A 2 oCae 4//1 DATE: September 21, 2005 3217 Fairway Road Niagara Falls, Ontario L2J 3R4 (905)354 4122 BLN 1944(i),aol.com 2005 June 3 The Hon. Harinder Takhar, Minister of Transportation 77 Wellesley St. West, Ferguson Block, 3 rd Floor Toronto, Ontario M7A 1Z8 Dear Minister Takhar. In the early morning hours of October 13,1812, Major General Sir Isaac Brock, KB, "President, administering the Government of the Province of Upper Canada, and Commanding His Majesty's Forces therein, etc, etc." fell in the Battle of Queenston Heights. October 13, 2012 will mark the 200 anniversary of that important and historic battle and the much lamented death in action of "The Hero of Upper Canada." One would expect that a series of solemn and grand events will mark that important anniversary and one would hope that our leaders in government would, in a timely fashion, establish an appropriate committee to oversee the necessary planning and co- ordinate the critically important timings for those events. As well, it would obviously be appropriate for the present government to recognize the historical importance to Ontario and Canada of the Battle of Queenston Heights and the death of Major General Sir Isaac Brock, by various official initiatives until 2012. Therefore, the following proposals are submitted for your serious consideration. 1. In accordance with established precedents, to name Highway 405 (the link from the Queen Elizabeth Way (QEW) to the Queenston- Lewiston Bridge), the "GENERAL BROCK PARKWAY." From the map attached, Highway 405 runs east -west and immediately south of Queenston Heights Park, the site of Brock's Monument. 2. When the proposed centre Niagara Peninsula highway is constructed, that in addition to the usual number, it be given the name "ISAAC BROCK EXPRESSWAY." For Proposal 1, a special "naming and dedication ceremony" for the General Brock Parkway Highway 405 would be held at Queenston Heights Park on October 13, 2005, in the presence of invited dignitaries and guests, with (I suspect) the active participation of local historical societies and War of 1812 re- enactment groups, The Lincoln Welland Regiment, and interested citizens. These two proposals would be simple and low cost ways for the present government to recognize and support the honourable aims of many persons and orgAni2 bons, who are interested in memorializing a genuine Canadian hero who had a major impact on the Ontario and Canada of today. Thank you in advance for your favourable consideration and I look forward to hearing from you in due course. Yours sincerely LCo1. Bernard L. Nehring, CD, BSc, MSc Past Commanding Officer, The Lincoln Welland Regiment Distribution: The Premier of Ontario The Minister of Culture The Minister of Tourism Niagara Falls M.P.P. Niagara Falls MP The Lord Mayor, Niagara -on -the -Lake The Mayor, Niagara Falls CO, The Lincoln Welland Regiment Niagara Historical Society Lundy's Lane Historical Society Niagara Historical Parks, Canada The President, Brock University Ontario August 17, 2005 LCod Bernard L. Nehring, CD, BSc., MSc. Past Commanding Officer, The Lincoln and Welland Regiment 3217 Fairway Road Niagara Falls, Ontario .2J 3R4 Re: Designation of Highway 405 as the General Brock Parkway Further to your correspondence to The Minister of Transportation and our recent telephone conversations, I have reviewed the ministry's policy on naming of highways and offer the following information for your consideration. I hope that this information will assist you in your efforts to have Highway 405 renamed after General Brock Documentation The following documentation is required as part of your submission Define the limits of the highway to be named. (In this case Highway 405, full length) Identify the individual that the highway will be posthumously named after, Provide supporting rationale for the proposal; (building on the information provided in your letter to the Minister) Include a Council resolution from Municipality(s) through which the limits of the highway (or portion thereof) passes (in this case you would require municipal council resolutions from the Town of Niagara -on the -Lake, The City of Niagara Falls and the Region of Niagara that support the naming of the highway.) Provide written support from the local MPP(s) through which the highway passes. All of Highway 405 is located within the riding of Niagara Falls, Process Once the documentation listed above is received, the region will review the material for completeness and forward it to MTO Head Office, Traffic Section for submission to the Minister's Office through the Assistant Deputy Ministers of Operations and Policy, Planning and Standards. Final approval of a highway name shall rest with the Minister of Transportation or their designee and must be obtained prior to proceeding with the implementation of a highway name. Signs Ministry of Transportation Central Region Operational Services 7 Floor, Building 'D',1201 Wilson Avenue Downsview, Ontario, M3M 1J8 Phone (416) 235 4068 Fax (416) 235 5276 Email Gordon.Troughton ©mto.gov.on.ca Signs displaying the highway name shall be installed on the right -of -way in accordance with MTO sign installation policies at/near the limits of the named highway /section. Page 2 August 17, 2005 Signs must conform to the following standard ministry design. Signs shall indude the name of the individual or group for which the highway is being named. Signs may include a crest/logo but shall not indude commercial messages or slogans, or other messages commercial in nature. Modifications to "Memorial Highway" on the official sign may be permitted, you should verify if the highway is to be the General Brock Parkway or the General Brock Memorial Parkway. If the name is modified to provide a highway classification, it must appropriately describe the highway (in the case of 405 "Highway "Freeway" and "Parkway" are all appropriate). Signs shall conform to the following design: 600 150010 2400 (max) Route commemorative Individual's Name Memorial Highway m,,rmm 100mm (4') Series D 75mm 125mm (5) Series E 75mm 100mm (4') Series D 70mm Fees The proponent requesting the signs shall be responsible for all costs associated with the manufacturing, installation and maintenance of these signs, including permit fees. An encroachment permit shall encompass all signs installed as a result of the request to name the highway. An encroachment permit is required for each highway or section being named these encroachment permits are issued by our office in Downsview I have asked staff familiar with the manufacturing and placing of signs to provide an approximate cost for the two signs required. I hope that this information proves useful to you, please contact me at 416 235 4068 if you have any other questions. Gord Troughton, P. Eng. Manager Operational Services, Central Region Cc: Gerry Chaput/Lany Smith/Roger Hanmer A4 WEDNESDAY, JULY 13, 2005 OSPREY Published by Niagara Newspaper Group Inc. A Subsidiary of Osprey Media Group Inc. 4801 Valley Way, Niagara Falls, Ontario, Canada L2E 6T6 Telephone: 905- 358 -5711 in Niagara Falls; 905- 871 -5771 in Fort Erie; Business Fax: 905- 356 -0785; Editorial Fax: 905- 374 -0461 David Beattie, Publisher and General Manager Managing Editor Joe Wallace Advertising Manager Mark Holmes Art Director PrePress Manager Joanne Moreau Pressroom Manager Shane Mbon Use history, not numbers to .name highways I t's hard to dispute Bernie Nehring's argument that Mal.-Gen. Sir Isaac Brock is a worthy namesake for Hwy. 405, which runs right past the Brock Monu- ment at Queenston Heights while connecting the QBW'to the Queenston Lewiston Bridge. Renaming the highway the General Brock Parkway .would be a fitting tribute to Brock, who died early in the War of 1812, but is noted for marshalling the British and Canadian soldiers and militia, and the war- riors of the First Nations, into a fighting force capable of defending Canada from the invading Americans. Lt. Col. Nehring, a former commanding officer of the Lincoln and Welland militia regiment, also sug- gests naming the mid peninsula corridor after Brock when it's completed. If the new highway is to be named to honour a great Canadian with ties to Niagara, how about Lt. Gen Sir Gordon Drummond? Less well -known than Brock but still a heroic figure of the War of 1812, he led the Canadian forces that repelled the advancing Americans at the Battle of Lundy's Lane in 1814. Drummond, who was 41 at the time of the Lundy's Lane battle and died in 1854, was the first Canadian- born officer to command the military. He also served as the Lieutenant Govemor of Upper Canada, follow- ing in the footsteps of Brock. His victory at Lundy's Lane was critical, because the Americans were on the march after a victory the month before at'Chippawa. After Lundy's Lane, they retreated to Fort Erie and by the end of the year had withdrawn to the U.S. and the war was over. Drummond is honoured today there is Drummond Road and the Drummond Hill Cemetery, where the battle took place. But he's still a comparatively forgot- ten figure of the war. Narking a highway after an important Canadian is far better than assigning it a number, like highways 400, 401, 403, 405, 420... Lt. Col. Nehring has a good. idea. If the old way of naming highways is to number them, then a good way to break with history is to recognize history. EDITORIAL OPINION art 04,r 7tnL 012 ,0 Former Lins and Winks commander driving for Brock honour BY COREY LAROCQUE Review Staff Writer NIAGARA FALLS The provin- cial highway running alongside the famous Queenston Heights battlefield should be renamed in honour of Maj.-Gen. Sir Isaac Brock, a hero of the War of 1812, says Lt. Col. Bernie Nehring, a Niagara Falls resident who tries to increase the public's awareness of the war and its heroes. "Certainly the one that goes right by Queenston Heights, that's a no- brainer," said Nehring, a for- mer commanding officer of the Lincoln and Welland militia regi- ment. He wants Highway 405, the road connecting the Queen Eliza- beth' Way and Queenston- Lewis- ton bridge, renamed General Brock Parkway. In a letter to Ontario's Transportation Minister Harinder Takhar, he also suggested calling the proposed mid- penin.- sula corridor Isaac Brock Express- way. As the bicentennial. of the War of 1812 approaches, Nehring said it's important to recognize the service of Canada's heroes their contribution to this coun- try's history. "I would like to have. an ongo- ing thlrig between now .arid 2012 to sensitize the public to the fact thaewe're coming up on the 200th anniversary of the death of a very important person," said Nehring. Brock was the commander of the British and Canadian forces in Upper Canada at the beginning of the War of 1812. He died Oct. 13, 1812, in the Battle of Queenston Heights. Most provincial highways a identified by a number, but the have been some cases where th have also had names added to p tribute to.historical figures. When Ontario's first highw opened in 1939, it was called t Queen Elizabeth Way after t wife of King George VI. The Ro■ Couple toured Canada that year the months leading up to the a break of the Second World War. Nehring wrote to Takhar a: other officials suggesting a simi name change in Niagara to he our Brock. He hasn't heard frc the minister yet, but said.h pleased by the response frc other local politicians. Niagara Falls MPP Kim Crai called it a "great idea." Craitor said he is consideri either introducing a private me bus bill in Queen's Park' or asks Takhar to have the Ministry m; the changes. There should be a "crescendo events" leading up to the bio tennial, said Nehring, 'who a suggested the District Schc Board of Niagara change the pa of a high school to General Bra secondary,school. Brock Nehring The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department CD 2005 Clerk's Division Dean iorfida 4310 Queen Street City Clerk 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: diorfida @city. niagarafalls.on.ca October 3, 2005 Re: CD- 2005 -10 Selection of an Auditor for Municipal Election Compliance Audit Proposal P48 -2005 That Deloitte Touche LLP be chosen as the auditor to conduct a municipal election compliance audit regarding the election campaign finances of mayoral candidate Wayne Thomson (2003 municipal election); and That as per section 81 (4) of the Municipal Elections Act, Council appoint the auditor by resolution (included later in this evening's agenda); and That staff negotiate an engagement agreement with the successful proponent which fulfills the conditions of the request for proposal. A chronology on the events that lead to the requirement of a municipal election compliance audit and the judgment of the Ontario Court of Justice are included for Council's information. This report will deal, more specifically, with the selection process for choosing an auditor. Clerk's division staff prepared a request for proposal for a municipal election compliance audit. The request was sent out shortly before Labour Day with a deadline of September 15, 2005. Four (4) proposals were received. Two (2) accounting firms sent letters indicating they could not bid based on the requirement for a total lump sum price. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 The four applicants were: Deloitte Touche LLP (Toronto) Gibb Widdis, Chartered Accountants (Ancaster) KPMG LLP (Waterloo) LECG (Toronto) Evaluation Process Criteria An evaluation team of municipal staff, which included the City Clerk, the Manager of Supply and Services, the Records and Elections Coordinator, the City Solicitor and the Director of Finance evaluated the proposals based on the following criteria: cost, time, proposed work plan and the firm's experience and qualifications. Time was a criteria because the Municipal Elections Act indicates that it is the duty of the auditor to promptly conduct the audit. The evaluation team wanted to see a work plan to assess the proponent's ability to deliver an audit in a comprehensive and prompt manner, anticipate challenges and recognize requirements under the Municipal Elections Act. Experience and qualifications were essential because very few municipal compliance audits have been conducted. Finally, cost is always a consideration for the municipality. Selection CONCLUSION: 2 CD- 2005 -10 All proponents provided professional, well written proposals. The evaluation team recommends the selection of Deloitte Touche LLP, out of the Toronto office. The team proposed by Deloitte has experience in conducting a municipal compliance audit in 2000 in Mississauga. The firm's investigation, in that case, identified several contraventions of the Municipal Elections Act which lead to the prosecution of the candidate. In the request for proposal, Deloitte provided a very well defined and detailed work plan. The proponent took the time to thoroughly study the allegations in the Niagara Falls case. As a result, the evaluation team believes that Deloitte will be able to "hit the ground running Their proposed time line is prompt but realistic. Finally, Deloitte's submission of a cost to the municipality of $15,000 G.S.T. was tied for the lowest price. Although identifying a low price could reveal a lack of knowledge of the work and costs inherent in a municipal compliance audit, the evaluation team is comforted by the fact that the Deloitte team has conducted a municipal compliance before. Based on a thorough analysis of a pre -set evaluation criteria, the selection team felt Deloitte Touche LLP were the most qualified firm to conduct a municipal election compliance audit. The Municipal Elections Act requires Council to appoint an auditor by resolution (a formal resolution is included). October 3, 2005 3 CD- 2005 -10 Upon approval of this evening's report staff will negotiate an engagement agreement with the successful proponent which fulfills the conditions of the request for proposal. The proponent anticipates that a report could be delivered within 45 days of the commencement of the engagement assuming all parties provide full and frank disclosure. Finally, a condition of the proposal is that the successful proponent will present their findings to Council, most likely at a standing committee meeting later this year. Recommended by: Dean I rfida City Clerk Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer June 4, 2004: Chronology of Events Surrounding Municipal Compliance Audit Elector Larry Savage (the Applicant) files an application for compliance audit of election campaign finances of 2003 Mayoral candidate Wayne Thomson (the Candidate) with the Clerk's Office. June 14, 2004: Council considers report CD 2004 13, Request for Compliance Audit. Staff's recommendation: That Council consider the request for a compliance audit of the election campaign finances of Wayne Thomson and decide whether the request should be granted or rejected. Council's decision: Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and filed. The motion Carried with Aldermen Morocco and Wing voting contrary to the motion and with all others voting in favour. Comment: Although Council's motion was to receive and file, it was clear to anyone present at the meeting that the majority of Council rejected the Applicant's request for a compliance audit. Between June 2004: The applicant launches an appeal of Council's decision, which would infer to December 2004 the applicant believed that his request had been rejected. The applicant's lawyer files the appeal in the wrong court of law. In order to preserve the appeal, the applicant's lawyer files a writ of mandamus, arguing Council did not fulfill its statutory duty in light of the "received and file" motion. December 13, 2004: Upon advice of legal counsel, Council passes the following: Council's decision: ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Kerrio, for further clarification, Council rejects the request for a compliance audit by Mr. Larry Savage made by him at the Council meeting on June 14, 2004, pursuant to the Municipal Elections Act 1996. The motion Carried with Aldermen Morocco and Wing voting contrary to the motion and with all others voting in favour. December 2004: The applicant re -files his appeal to Council's rejection of his request for a compliance audit. May 2005: A similar application in Hamilton is heard. The case provides precedence and a standard of review applied by Justice Duncan in the Niagara Falls case. June 6, 2005: Justice B. Duncan of the Ontario Court ofJustice concludes that the applicant established reasonable grounds to believe the candidate may have violated the Municipal Elections Act. Justice Duncan's judgment: the appeal is allowed and a compliance audit is ordered pursuant to s.81 of the Municipal Elections Act with regard to the campaign finances for the 2003 Municipal elections of Wayne Thomson. The matter is remitted to the council of the city of Niagara Falls to appoint an auditor who will conduct an audit as required by s.81.6 of the Act and will report to the parties as required by s.81.7 of the Act. R 1 ar1n2/94i BETWEEN: APPEARANCES: Ms. T. Mangicasale Mr. J. Broderick Mr. D. DeLorenzo ONTARIO COURT OF JUSTICE LARRY SAVAGE -and WAYNE THOMSON kRQQEEfIZ E REASONS FOR JUDGMENT BEFORE THE HONOURABLE MR. JUSTICE B. DUNCAN on Monday, June 6, 2005, at Welland, Ontario. No. 0413596 Appellant -and THE CORPORATION OF THE CITY OF NIAGARA FALLS Respondent Intervenor Solicitor for the appellant Solicitor for the respondent Solicitor for the intervenor 20 25 so s 10 15 1. Savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. MONDAY. JUNE 6. 2006 BZ1lPQ$.6 EQE ZgPQ11B21. Duncan. J. (Orally) Thank you counsel for your submissions in this matter; it has been a very interesting experience for me. First time I have ventured into this statute. I believe that is shared with most judges of this court as it is relatively new legislation and I think only Justice Culver has dealt with it up until now. In any event, I am prepared to give a decision now and this is my decision. This is an appeal under the Municipal Elections Act from the decision of Niagara Falls council refusing to order a compliance audit of unsuccessful mayoralty candidate Wayne Thomson in the 2003 election. The first issue is: When did Niagara Falls council refuse or reject the application? Mr. Savage made his pitch to Niagara Falls council on June the 14th of 1 04. Council discussed his submissions briefly and then voted on a motion of some sort. It is not clear to me what the motion was, but it seems to be accepted, I think by all parties here, that it was a motion to "receive and file" Mr. savage's motion. The exact legal implication or meaning of that phrase is somewhat uncertain. 20 25 30 6 10 15 2 savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. Counsel for the respondent and the intervenor take the position that this was a rejection or tantamount to a rejection of Mr. Savage's application. Counsel points out that Savage himself launched an appeal from the decision treating it as a rejection. He launched the appeal in the wrong court and he otherwise treated the matter in his correspondence and, in general, his behaviour, as a rejection of his application. I am unable to accept the respondent and intervenor's position on this. There is a definite lack of clarity in what occurred at the Niagara Falls council meeting in June. That is made clear in my view by the fact that Niagara Falls itself readdressed the matter in December. Its decision that day while styled as a "clarification" motion is in fact stated as a "rejection" in the present tense i.e. December 13th of Mr. Savage's motion and not specifically a clarification of the Jule decision. In any event, I do not think I should look at the exact motion and weigh the words like diamonds to determine exactly what what was said. It suffices to say that there was a great deal of ambiguity or lack of clarity in the decisions. The responsibility for this lack of clarity lies totally at the feet of the Niagara Falls council, and in my view, it is not open to the respondent Niagara Falls or the intervenor to raise its own ambiguity against the appellant. I find that the rejection of Savage's application 3. Savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. occurred on December the 13th and accordingly the appeal was taken to this court in time. The second point raised by the respondent is that Savage was not an "elector" as required of a person making the application for a compliance audit. This objection was not taken at the council level nor in any written material filed with this court. It is rejected. The third issue involves the standard of review. i agree with Mr. Justice Culver in his decision in Chapman vs. City of Hamilton and Larry Dilannj, A Third party, released approximately a•month.ago. I agree with him that the statute in question here grants this court the widest possible power of review on appeal. I would add that this particular decision that I am dealing with here on December the 13th was made in camera and with no record and no reasons given. These circumstances in my view provide a further reason why the court should not exercise or show deference towards that decision. It is implicit, in my view, in a deferential or more limited approach, that the reviewing court must have some record of the reasons or process that brought about the decision. Where that if completely lacking, as here, there is nothing to show deference to. For all I know, council may have misconceived its statutory duty entirely or applied the wrong test. The record of the proceedings in June may lend support to that rather pessimistic view. lefl OWN) 4. Savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. Accordingly, it is my view that the approach here is that I should consider anew whether Savage has established reasonable grounds to believe that Wayne Thomson may have violated the fit. I have considered the material and in my view he has established that. There are a number of points he raises, some with little merit but some with more merit. In particular, as I have pointed out to counsel, there is the issue about the dinner held at the Italia Club a month before the election, and this does not appear apparently either .as a donation nor a cost of the Thomson campaign. It may well be that an auditor might consider that it should have been one or the other. Further, there is the issue of newspaper ads placed by various groups on behalf of Thomson in the months or weeks preceding the election. This, as well, is a circumstance that in my view an auditor might very well choose to investigate. This proceeding today is not of course an audit but is rather an appeal to determine whether an audit should be ordered. As 1 say, I find that there are reasonable grounds to believe, established by Mr. Savage's material. Now the next issue as argued by the intervenor is that even if reasonable grounds exist, the question remains should a compliance audit be ordered? Assuming without deciding that the council or the court may still reject such an application on the 16 30 20 25 s 10 5. Savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. basis of other considerations such as costs or mootness, there is nothing before me to establish either that these types of considerations played any role in the December decision of council nor that they should play a role in my decision. As to costs, Niagara Falls does not claim that the cost is prohibitive and places no material before me about that. As to mootness, the Act applies to losing candidates as well as winners. Further; in my view, Savage's material raises some important issues that have bearing on future campaigns in particular, as I said, the accounting for third party ads and benefits such as the Italia Club barbecue. In my view, the application is not moot. Further, and related to this, the intervenor alleges that Savage is a mischief maker with a vendetta against Mr. Thomson. I think that this Agt, in permitting these type of proceedings to be launched by a single elector, positively invites applications by interested, biased and mischievous applicants. The filter for this kind of application is the need for that applicant to establish reasonable grounds and I think that is what Justice Trafford was saying in the decision that be gave in the case of Oueen vs. Hall. In my view, provided the person who is making the application establishes such reasonable grounds, his motives for doing so are not relevant to this court's decision. 1004 teams) as 30 10 15 20 6 6. Savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. Finally, the appellant's factum is mostly devoted to an attempt to show conflict and bias and in my view these issues need not be considered here. The view I take of this, as 1 have already said, is that it is a very wide appeal where I consider Sjg novo whether reasonable grounds exist. Even if council's decision was completely without any tainting circumstances, the question on appeal for me would still be the same are there reasonable grounds to believe that there was a violation of the Act in regard to election financing? The intervenor argues that the appellant does not specifically make the reasonable grounds argument an issue in her factum. However, in my view, it is implicit in the appellant's whole appeal that he is contending that reasonable grounds existed and exist. I note that the intervenor responded to the question of reasonable grounds in his affidavit at paragraph eight. I have found that reasonable grounds existed and as I say the question of conflict and bias need not be considered. Accordingly, in the result, the appeal is allowed and a compliance audit is ordered pursuant to 8.81 of the cival B1 a -tj ons Asst with regard to the campaign finances for the 2b03 •Municipal elections of Wayne Thomson. The matter is remitted to the council of the City of Niagara Falls to appoint an auditor who will 1004 7 Savage vs. City of Niagara Falls Reasons for Judgment Duncan, J. 15 20 25 ao 5 10 I, Natalie Deamude, certify that this document is a true and accurate transcript of Savage vs. City of Niagara Falls in the Ontario Court of Justice held at 102 East Main Street, Welland, taken from recording 4521 3- 0499/2005, which has been certified in Form 1. conduct an audit as required by s.81.6 of the Act and will report to the parties as required by s.81.7 of the gam. a oos" lt The City of Niagara Falls I CancLig His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: That Council approve the municipal accounts totaling 3,634,805.17 for the period August 31 to September 20, 2005. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: K. E. Burden Director of Finance Approved by: Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: Re: F- 2005 -46 Municipal Accounts T. Ravenda Executive Director of Corporate Services (905) 356 7521 (905) 356 2016 kburden @city.niagarafalls.on.ca October 3, 2005 Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development F- 2005 -46 Kenneth E. Burden Director CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 149855 ONTARIO INC 464586 ONTARIO LTD C/A LITE BROS LTD 984265 ONTARIO LTD AKA CIRCLE P PAVING A J SLINGER SERVICE A L G SAFETY ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALL STAR FIRE PROTECTION SERVICES INC ALLIED MEDICAL INSTRUMENTS ANNEX PUB PRINTING INC BOOK DIVISION AQUICON CONSTRUCTION CO LTD ASSOCIATED ENGINEERING (ONT) LTD AUTO UNE TOYOTA AVIS CAR INC BARON ROOFING SIDING LTD BARTON,DAVID BATTLEFIELD ADVERTISING BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY PAGING BENITO'S SANDWICHES BHAN,SATISH SICKLE MAIN INDUSTRIAL SUPPLY BIGGARS KEY SHOP BLG FOUNDATION BOB ROBINSON SON BODKIN LEASING BOUTIUER,J BOUW,JOHN BOYLE,T BOYS GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRONTIUATTILA& BRONTIU, ANNA MARIE BROWNS SEPTIC SERVICE LTD BUNTIN REID C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CANADA LAW BOOK CANADIAN DOOR DOCTOR CANADIAN FALLEN FIREFIGHTERS FOUNDATION CANADIAN FITNESS SPECIALIST CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANDELORO,SUSAN CANTEC SECURITY SERVICES CARL BRAY ASSOC LTD Cheque No. Cheque Date Purpose 295780 295781 295782 295783 295787 295789 295784 295629 295785 295630 295786 295631 295632 295788 295633 295790 295791 295792 295793 295794 295795 295634 295635 295796 295636 295798 295799 295800 295801 295802 295803 295637 295638 295639 295640 295641 295804 295642 295805 295806 295807 295644 295808 295809 295810 295646 295831 295658 295814 295812 295813 295625 295815 295816 295817 295811 295818 295819 20-Sep -2005 20-Sep -2005 20- Sep -2005 20-Sep -2005 20-Sep -2005 20- Sep -2005 20-Sep -2005 13- Sep -2005 20-Sep -2005 13-Sep -2005 20- Sep -2005 13-Sep -2005 13-Sep -2005 20- Sep -2005 13-Sep -2005 20-Sep -2005 20-Sep -2005 20-Sep -2005 20-Sep -2005 20- Sep -2005 20- Sep -2005 13- Sep -2005 13-Sep-2005 20-Sep -2005 13-Sep-2005 20-Sep -2005 20-Sep -2005 20- Sep -2005 20-Sep-2005 20-Sep-2005 20- Sep -2005 13- Sep -2005 13-Sep-2005 13- Sep -2005 13-Sep-2005 13-Sep-2005 20-Sep-2005 13-Sep-2005 20-Sep-2005 20-Sep-2005 20- Sep -2005 13-Sep-2005 20-Sep -2005 20- Sep -2005 20- Sep -2005 13- Sep -2005 20-Sep-2005 13- Sep -2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 07-Sep-2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 AP5200 CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS ADMINISTRATIVE MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONSULTING SERVICES REFUND REFUND CONTRACT SERVICES REFUND SUPPLIES UTILITIES UTILITIES UTILITIES UTILITIES MATERIALS REMITTANCE MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES LEASES AND RENTS REFUND REMITTANCE ADMINISTRATIVE GRANT CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND MAINTENANCE AND REPAIRS SUPPLIES CONSULTING SERVICES LEASES AND RENTS MATERIALS MAINTENANCE AND REPAIRS REMITTANCE EQUIPMENT CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES CONSULTING SERVICES Page 1 Amount 194,310.72 49,139.38 36.23 148,137.33 1,865.36 274.85 1,392.84 224.70 160.50 618.25 85.87 111.41 374.50 85,662.96 159.01 54.98 267.50 1,030,917.74 2,487.70 750.00 30.00 1,873.89 750.00 1,672.95 75.25 576.52 64.55 42.15 250.00 110.00 140.59 12.08 100.00 620.60 445.33 100.15 60.00 100.00 17,500.00 863.81 629.97 22.46 115.92 750.00 838.05 45.06 1,353.82 13,878.71 367.16 153.81 200.09 9,951.00 3,082.72 32.10 910.33 463.99 18,148.17 2,113.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CARSWELL CARTER CAR TRUCK RENTALS CASTRILLI,JOHN CERIDIAN CANADA LTD CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOC CIRI LLO,SHERRI CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF BRAMPTON CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CL SAILBOAT SHOP CLAYDON,JEFF COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINS SAFETY O/A 3077225 CANADA INC COMMISSIONAIRES CORMIER,RONALD& CORMIER, DENISE CORSINI,GUY CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CUPE LOCAL 133 CUPE LOCAL 133 CUSTOM CAST SIGNS CYBERBAHN DAVID SCHRAM ASSOCIATES DAVID SCHRAM ASSOCIATES DEGIULI,NAT DELL COMPUTER CORPORATION DESIGN ELECTRONICS DIRECT IT CANADA INC DUFFERIN CONCRETE DUFFERIN CONCRETE E3 LABORATORIES ECONOMY PAVING CO ST CATHARINES LTD ED ZWOLAK ALLOCIATES SENIORS" SERVICES EMERALD EMERALD EMPIRE MOTEL ENBRIDGE ENGINEERING CONCEPTS NIAGARA ETHERINGTON,DAVE EVERLASTING IMPRESSIONS FALLS WHOLESALE LTD FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLUELLON,FRANK D FORLIN,SANDRA FRANCOTYP POSTALIA CANADA FRANK J ZAMBONI CO LTD G K SERVICES CANADA INC GAULEY,ROBERT GIUUANA HOMES LTD GIURA BROTHERS 295821 295822 295647 295648 295824 295649 295826 295650 295827 295651 295652 295653 295828 295830 295829 295654 295832 295833 295834 295835 295836 295656 295838 295659 295839 295840 295841 295842 295843 295660 295844 295845 295661 295662 295846 295847 295663 295849 295664 295850 295851 295852 295853 295665 295854 295855 295666 295667 295668 295856 295669 295857 295858 295670 295672 295671 295859 295860 20- Sep -2005 20-Sep -2005 13- Sep -2005 13- Sep -2005 20- Sep -2005 13- Sep -2005 20- Sep -2005 13-Sep -2005 20-Sep -2005 13-Sep-2005 13-Sep -2005 13-Sep -2005 20-Sep -2005 20-Sep -2005 20- Sep -2005 13- Sep -2005 20- Sep -2005 20- Sep -2005 20-Sep-2005 20- Sep -2005 20-Sep -2005 13-Sep -2005 20-Sep-2005 13-Sep-2005 20-Sep -2005 20- Sep -2005 20-Sep -2005 20-Sep-2005 20- Sep -2005 13-Sep -2005 20-Sep-2005 20-Sep -2005 13-Sep -2005 13-Sep-2005 20- Sep -2005 20-Sep -2005 13-Sep-2005 20-Sep -2005 13-Sep-2005 20-Sep -2005 20-Sep-2005 20- Sep -2005 20-Sep-2005 13-Sep -2005 20-Sep -2005 20- Sep -2005 13-Sep-2005 13-Sep -2005 13-Sep-2005 20-Sep -2005 13- Sep -2005 20-Sep-2005 20-Sep-2005 13-Sep-2005 13-Sep -2005 13-Sep -2005 20-Sep -2005 20-Sep-2005 AP5200 Cheque No. Cheque Date Purpose MATERIALS LEASES AND RENTS ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND LEASES AND RENTS LEASES AND RENTS REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE UTILITIES UTILITIES MATERIALS CONTRACT SERVICES REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES REFUND EQUIPMENT MAINTENANCE AND REPAIRS CONSULTING SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS REFUND UTILITIES CONSULTING SERVICES ADMINISTRATIVE CONTRACT SERVICES SUPPLIES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND MAINTENANCE AND REPAIRS Page 2 Amount 244.07 723.35 259.17 2,303.02 38.00 208.11 51.90 750.00 4,964.46 1,017.75 400.00 717.50 464.43 1,018.60 187.36 197.80 507.95 356.50 19,627.04 439.52 383.17 882.00 705.60 3,283.59 3.228.39 419.18 500.00 2,313.88 7,447.22 125.00 2,757.70 257.44 7,362.94 2,571.40 1,044.64 2,109.12 80,454.55 246.10 112.35 326.35 500.00 1,635.95 369.15 83.98 460.10 264.25 371,005.54 4,358.67 2,410.11 1,090.93 472.00 476.00 9.78 1,176.86 96.47 242.65 750.00 2,503.80 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GRAFTON UTILITY SUPPLY LTD GRAYBAR ELECTRIC LTD GREY ISLAND SYSTEMS INC GROOT,SHANNON NALCO MOBILE MFG SALES SERVICE INC HALLTECH ENVIRONMENTAL INC HARPER DETROIT DIESEL ALLISON HECO HECO HEYINK,NATHAN HICKS MORLEY HAMILTON STEWART STORIE LLP HILL BOLES LTD HOLMAN,GEOFF HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA ICOMOS CANADA IMAGISTICS CANADA INC J P HAMMILL SON LTD JACKSON,DAVE JESSOP,JIM JOSEPH NICOLETTI B A LLB KAN DU POOLS LTD KAN DU POOLS LTD KAUPP ELECTRIC LTD KEN WARDEN CONSTRUCTION LTD KING CONTRACTORS OF NIAGARA LTD KON,ADELE KORE WIRELESS KUCHYT,TOM LAFARGE CANADA INC LAFARGE CANADA INC LANG DRYWALL ACOUSTICS LTD LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LEXISNEXIS CANADA INC LIFESTYLE SUNROOMS LINDSAY PRESS LONCAR,KATA MACLEAN,JASON MAR-CO CLAY PRODUCTS INC MARINE CLEAN LTD MATTHEWS,MARK MCALPINE,SHIRLEY& MCALPINE, BURTON MCCONNERY,STAN MCPHAIL,KEVIN MCRAE,LEN MICRON INSTALLATIONS LIMITED MICRON INSTALLATIONS LIMITED MINERS,ULA MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL AP5200 Cheque No. Cheque Date Purpose 295673 13- Sep -2005 MATERIALS 295861 20- Sep -2005 MATERIALS 295862 20- Sep -2005 MATERIALS 295863 20- Sep -2005 MATERIALS 295864 20- Sep -2005 MATERIALS 295674 13- Sep -2005 ADMINISTRATIVE 295676 13- Sep -2005 LEASES AND RENTS 295865 20- Sep -2005 MATERIALS 295677 13-Sep-2005 MAINTENANCE AND REPAIRS 295678 13-Sep-2005 MAINTENANCE AND REPAIRS 295867 20-Sep-2005 MAINTENANCE AND REPAIRS 295868 20- Sep -2005 ADMINISTRATIVE 295679 13-Sep-2005 CONSULTING SERVICES 295869 20-Sep-2005 MATERIALS 295680 13- Sep -2005 ADMINISTRATIVE 295681 13- Sep -2005 REMITTANCE 295870 20-Sep-2005 REMITTANCE 295871 20- Sep -2005 ADMINISTRATIVE 295683 13-Sep-2005 MATERIALS 295875 20- Sep -2005 MATERIALS 295684 13- Sep -2005 ADMINISTRATIVE 295874 20-Sep -2005 REMITTANCE 295685 13-Sep-2005 REFUND 295686 13-Sep-2005 MATERIALS 295876 20-Sep-2005 MATERIALS 295877 20-Sep-2005 EQUIPMENT 295687 13-Sep-2005 MATERIALS 295878 20-Sep-2005 MATERIALS 295688 13- Sep -2005 ADMINISTRATIVE 295880 20- Sep -2005 CONTRACT SERVICES 295689 13- Sep -2005 ADMINISTRATIVE 295690 13-Sep-2005 MATERIALS 295881 al-Sep -2005 MATERIALS 295691 13-Sep-2005 MAINTENANCE AND REPAIRS 295882 20-Sep-2005 MAINTENANCE AND REPAIRS 295883 20-Sep-2005 MATERIALS 295884 20-Sep-2005 ADMINISTRATIVE 295693 13- Sep -2005 REFUND 295694 13-Sep-2005 MATERIALS 295886 20-Sep-2005 REFUND 295695 13-Sep-2005 ADMINISTRATIVE 295696 13-Sep-2005 MATERIALS 295697 13-Sep-2005 CONTRACT SERVICES 295698 13-Sep-2005 REFUND 295699 13-Sep-2005 REFUND 295700 13- Sep -2005 REFUND 295701 13-Sep-2005 REFUND 295702 13-Sep-2005 REFUND 295703 13-Sep-2005 MATERIALS 295777 13-Sep-2005 REFUND 295705 13-Sep-2005 ADMINISTRATIVE 295706 13-Sep-2005 ADMINISTRATIVE 295708 13-Sep-2005 REMITTANCE 295709 13-Sep-2005 REMITTANCE 295778 13-Sep-2005 REMITTANCE 295779 13-Sep-2005 REMITTANCE 295889 20-Sep-2005 REMITTANCE 295707 13-Sep-2005 REMITTANCE Page 3 Amount 573.32 12,039.94 2,576.00 36.81 1,850.61 176.82 2,300.00 1,610.00 12,585.44 942.02 481.38 374.90 113.42 424.38 218.17 208.36 208.36 75.00 8.56 726.80 190.74 45.00 128.17 4,185.93 16,179.36 2,214.90 144.90 1,942.05 148.54 114.71 376.00 2,753.11 579.62 1,476.60 984.57 825.24 228.98 750.00 32.20 160.50 821.62 926.47 4,727.80 95.19 182.04 125.00 750.00 60.00 294.25 750.00 453.23 335.43 9,255.14 133.45 200.00 350.00 133.45 1,384.63 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTRY OF ATTORNEY GENERAL MISSISSAUGA BUSINESS TIMES MODERN LANDFILL INC MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MOROCCO,JOHN MUSSARI,TOM MUSSARI,TOM NEDCO NIAGARA 21 ST GROUP IN NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BLOCK INC NIAGARA FALLS PROFESSIONAL ARE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FIRE SERVICES CRITICAL INCIDENT STRES! NIAGARA FIRE SERVICES CRITICAL INCIDENT SIRES! NIAGARA INFLATABLES NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA PARKS COMMISSION NIAGARA SAW SALES AND SERVICE NIAGARA SHEET METAL NIAGARA SHRINE CLUB NIAGARA.COM NORJOHN LTD NORTH AMERICAN ASSOCIATION OF PIPELINE INSPE1 NORTHSTAR CONSTRUCTION ONTARIO CLEAN ALL ONTARIO MUNICIPAL ADMINISTRATORS' ASSOCIATIO PALFINGER INC PANORAMIC HOSPITALITY INC PEAK TECHNOLOGIES CANADA PENINSULA PEST CONTROL LTD PERSONAL TOUCH HOME IMPROVEMENTS PLANTATION IRRIGATION PLAYPOWER LT FARMINGTON INC POTALIVO,LAURA POTTS,JESSICA PRAXAIR PRECISE PARK LINK INC PROJECT SHARE PURE WATER PUROLATOR COURIER R E P CO. R V ANDERSON ASSOCIATES LIMITED R V ANDERSON ASSOCIATES LIMITED RANKIN CONSTRUCTION INC RBC LIFE INSURANCE COMPANY RECEIVER GENERAL RECEIVER GENERAL REGIONAL CONSTRUCTION RESTORATION Cheque No. Cheque Date Purpose 295888 295711 295890 295892 295891 295712 295893 295894 295713 295895 295896 295897 295718 295902 295898 295899 295628 295715 295716 295900 295719 295903 295904 295905 295906 295907 295908 295909 295720 295721 295714 295910 295722 295723 295911 295724 295725 295912 295726 295913 295727 295728 295729 295730 295731 295914 295915 295916 295917 295732 295736 295741 295925 295733 295918 295734 295919 295921 20 Sep 2005 13-Sep -2005 20- Sep -2005 20-Sep -2005 20-Sep -2005 13- Sep -2005 20-Sep -2005 20-Sep -2005 13-Sep -2005 20-Sep -2005 20-Sep -2005 20-Sep -2005 13- Sep -2005 20-Sep -2005 20- Sep -2005 20- Sep -2005 09- Sep -2005 13-Sep -2005 13-Sep -2005 20-Sep -2005 13-Sep -2005 20-Sep -2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 20-Sep-2005 20- Sep -2005 20-Sep-2005 13-Sep -2005 13-Sep-2005 13-Sep -2005 20-Sep-2005 13-Sep-2005 13-Sep-2005 20-Sep-2005 13-Sep-2005 13-Sep -2005 20-Sep -2005 13- Sep -2005 20-Sep-2005 13- Sep -2005 13-Sep-2005 13-Sep-2005 13-Sep-2005 13-Sep-2005 20-Sep-2005 20- Sep -2005 20-Sep-2005 20-Sep-2005 13-Sep -2005 13-Sep -2005 13-Sep-2005 20-Sep-2005 13-Sep-2005 20-Sep-2005 13-Sep-2005 20-Sep-2005 20- Sep -2005 AP5200 REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE MATERIALS UTILITIES REMITTANCE UTILITIES REMITTANCE ADMINISTRATIVE REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES REMITTANCE CONTRACT SERVICES MATERIALS ADMINISTRATIVE REFUND REFUND MATERIALS MATERIALS REFUND MAINTENANCE AND REPAIRS EQUIPMENT REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES REMITTANCE MATERIALS REMITTANCE MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES REMITTANCE REMITTANCE REMITTANCE CONTRACT SERVICES Page 4 Amount 1,345.90 619.26 2,092.96 311.19 105.80 232.10 817.50 248.50 2,018.25 2,500.00 21.40 219.14 2,007.04 2,007.04 36,720.42 1,830.00 16,910.46 4,206.10 5,407.37 5,872.70 4,360.00 840.00 100.05 2,192.91 1,555.00 86.71 234,769.71 13.80 747.50 234.00 214.44 29,448.87 732.95 2,675.00 3,375.85 275.00 750.00 500.00 2,741.09 300.67 750.00 363.80 25,931.52 25.00 67.52 24.08 1,943.33 16,664.67 5.00 306.44 400.43 6,489.26 2,257.70 147,221.59 1,190.75 169,791.23 160,460.97 909.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name REGIONAL DOORS HARDWARE RENTOKIL INITIAL CANADA LIMITED RIDGEMOUNT QUARRIES LIMITED RIDGEMOUNT QUARRIES LIMITED RODGERS,GARY RONA ONTARIO INC ROTARY CLUB OF NIAGARA FALLS RUDDELL,JESSICA SAFEDESIGN APPAREL LTD SAFETY TODAY SALCI,TED SCARINGI,VITO SCORDINO,TERRI SCOTIABANK SCOTIABANK 8COTIABANK SHAHEEN PEAKER LTD SHELL LAWYERS IN TRUST SHERWIN WILLIAMS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPUSTIC LINES INC SINGULAR PRODUCTIONS LIMITED SMAJDA,GEORGE SOIL MAT ENGINEERS CONSULTANTS LTD SPENCE,DEBBIE SPENCER,MATT STEPHENS,TANYA STRANGES,TOMMASO SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPREMEX INC TALARICO,JOE TALK WIRELESS INC TARCZY,TARA TASSONE,BIAGIO TAYLOR,TONY TELUS INTEGRATED COMMUNICATIONS TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TERANET INC TES INFORMATION TECHNOLOGIES TETRAGON -TASSE DISTRIBUTORS INC THE ONTARIO HISTORICAL SOCIETY THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW TIMS WATER SERVICE TOTTEN SIMS HUBICKI ASSOCIATES TRI COMMITTEE OF ONTARIO URBAN ENVIRONMENTAL MANAGEMENT INC VADIM COMPUTER MANAGEMENT GROUP LTD AP5200 Cheque No. Cheque Date Purpose 295735 13- Sep -2005 MATERIALS 295922 20- Sep -2005 MATERIALS 295737 13- Sep -2005 MATERIALS 295923 20- Sep -2005 MATERIALS 295738 13-Sep -2005 REMITTANCE 295739 13- Sep -2005 MATERIALS 295924 20-Sep -2005 REMITTANCE 295740 13- Sep -2005 ADMINISTRATIVE 295926 20- Sep -2005 MATERIALS 295742 13- Sep -2005 MATERIALS 295927 20-Sep -2005 ADMINISTRATIVE 295743 13-Sep -2005 ADMINISTRATIVE 295744 13-Sep -2005 REFUND 295626 08 -Sep -2005 CONTRACT SERVICES 295745 13- Sep -2005 ADMINISTRATIVE 295928 20- Sep -2005 ADMINISTRATIVE 295931 20- Sep -2005 CONSULTING SERVICES 295746 13- Sep -2005 ADMINISTRATIVE 295747 13-Sep-2005 MATERIALS 295748 13-Sep-2005 CONTRACT SERVICES 295932 20-Sep-2005 MATERIALS 295933 20-Sep-2005 MATERIALS 295934 20-Sep-2005 MATERIALS 295935 20- Sep -2005 MATERIALS 295936 20- Sep -2005 REFUND 295749 13-Sep-2005 CONSULTING SERVICES 295751 13- Sep -2005 REFUND 295750 13- Sep -2005 REFUND 295752 13-Sep-2005 ADMINISTRATIVE 295753 13-Sep-2005 REMITTANCE 295938 20-Sep-2005 REMITTANCE 295754 13- Sep -2005 MATERIALS 295940 20- Sep -2005 MATERIALS 295941 20-Sep-2005 MATERIALS 295755 13-Sep -2005 REFUND 295756 13- Sep -2005 CONTRACT SERVICES 295757 13-Sep-2005 ADMINISTRATIVE 295943 20- Sep -2005 REFUND 295944 20-Sep-2005 REFUND 295758 13- Sep -2005 UTILITIES 295946 20-Sep-2005 UTILITIES 295947 20-Sep-2005 MATERIALS 295948 20-Sep-2005 UTILITIES 295759 13-Sep-2005 CONTRACT SERVICES 295949 20- Sep -2005 MATERIALS 295760 13-Sep-2005 ADMINISTRATIVE 295761 13-Sep-2005 MATERIALS 295950 20- Sep -2005 MATERIALS 295952 20-Sep-2005 REMITTANCE 295953 20-Sep-2005 MATERIALS 295954 20-Sep-2005 MATERIALS 295920 20-Sep-2005 CONTRACT SERVICES 295762 13- Sep -2005 ADMINISTRATIVE 295956 20-Sep-2005 CONTRACT SERVICES 295763 13-Sep-2005 CONSULTING SERVICES 295958 20-Sep-2005 REMITTANCE 295959 20-Sep-2005 CONSULTING SERVICES 295627 08-Sep-2005 REMITTANCE Page 5 Amount 910.78 148.22 961.19 370.31 45.00 265.08 50.00 240.54 615.14 756.00 1,160.00 226.19 500.00 25,000.00 1,077.75 2,951.25 1,615.70 12,500.00 56.34 18,788.70 287.50 661.40 1,017.06 215.05 250.00 642.00 750.00 125.00 79.19 120.00 243,720.24 1,520.32 119.25 556.98 750.00 1,715.91 327.38 65.00 125.00 1,003.44 3,041.85 32.19 10,069.26 4,608.86 269.10 5,000.00 1,926.00 53.50 30.00 693.01 23.00 7,458.47 4,836.06 4,229.18 548.49 520.00 11,181.50 716.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name VADIM COMPUTER MANAGEMENT GROUP LTD VEGLER,JACK WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS ASPHALT WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WASTE MANAGEMENT WATT,DAVID WESCO DISTRIBUTION CANADA INC WESTBURNE/RUDDY WESTBURNE/RUDDY WILLETT,WAYNE WILUAMS,EDMOND WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WSIB WYUE,BRENDA XEROX CANADA LTD YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YOUNG SOD FARMS LTD YWCA Cheque No. Cheque Date Purpose 295765 295766 295768 295962 295960 295767 295961 295963 295769 295770 295771 295964 295772 295965 295966 295773 295967 295774 295775 295968 295969 295970 295776 295971 13-Sep -2005 13-Sep -2005 13- Sep -2005 20-Sep -2005 20-Sep -2005 13-Sep -2005 20-Sep -2005 20-Sep-2005 13-Sep-2005 13-Sep -2005 13-Sep -2005 20-Sep -2005 13-Sep-2005 20-Sep-2005 20-Sep -2005 13-Sep-2005 20-Sep -2005 13-Sep -2005 13- Sep -2005 20-Sep-2005 20- Sep -2005 20-Sep-2005 13-Sep -2005 20-Sep-2005 AP5200 Page 6 CONTRACT SERVICES REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS REFUND REFUND GRANT MATERIALS GRANT REMITTANCE ADMINISTRATIVE MATERIALS CONTRACT SERVICES MATERIALS MATERIALS GRANT Total: Amount 7,077.19 750.00 156.96 178.04 51,393.01 1,504.86 1,343.00 1,566.48 267.75 2,874.82 1,548.29 1,597.35 138.57 15.00 31,666.67 24.08 2,083.32 13,828.71 552.34 986.18 654.85 27.23 167.41 4,308.50 3,634,805.17 Niagara Fails The City of Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L 2005 Legal Services 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) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 3, 2005 Re: L- 2005 -31 Conveyance of former CNR Right -of -Way to owners of 8800, 8722, 8734, 8744 Champlain Drive Our File Nos.: 2005 -111, 2005 -182 Karen Kelly City Solicitor That a conveyance of part of the former CNR right -of -way "former CNR lands located at the rear of 8800, 8722, 8734 and 8744 Champlain Drive "lands shown hatched on Schedules "A" and "B" attached hereto, to the present owners of the lands, for nominal consideration and at no cost to the City, be authorized. In 1962, The Corporation of the Village of Chippawa offered the former CNR lands to abutting land owners for a small fee plus "nominal legal fees A copy of the 1962 letter is attached as Schedule "C According to Registry Office records some of the abutting owners took advantage of this offer, paid the fees and received that portion of the former CNR lands that abutted their property. The City has now been approached by the owners of lands abutting the former CNR lands who are now requesting that the City convey to them that portion of the former CNR lands located at the rear of their lands. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 Staff has circulated the within request to various City departments and have received no objections to the conveyance of the former CNR lands to the current owners of the lands at no cost to the City. Recommended by: Karen I. Kelly City Solicitor Approved by: d'eilfrooti T. Ravenda Executive Director of Corporate Services KK/lb 2 Respectfully submitted: John MacDonald Chief Administrative Officer L- 2005 -31 w rJ 0 V TERANET Teraview' 0 27 54 81 108 135 162 metres Sep 13, 2005 Protected by Copyright May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Only major easements are shown. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) WE 6438501 64385012 643850119 64385011 6438501 6438501 6438501 64385011 6438501 64385007 6438501 64385023 64385023 64385035 64385023 64385035 64385024 64385024 64385024 6438502 6438502 6438502 64385024 TERANa Teraview' 64385035 0 13 26 39 52 65 78 metres Jul 18, 2005 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property Indedng purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Only major easements are shown. Teranet Customer Service Centre: 1 -800- 208 -5263 (Toronto: 416 360 -1190) 64385035 643850259 643850258 matter. Encl. JLC :pb PHONE AX. 5.4331 THE CORPORATION OF THE VILLAGE OF CHIPPAWA August 29, 1963. Stanley Diane Sherar, Champlain Drive CHIPPAWA, Ont. Dear Mr. Mrs. Sherar: Enclosed please find a Deed in duplicate for the old Railway Right -of -way located immediately behind your property on Champlain Drive. This Deed has not been registered in the Registry Office in Welland. Should you desire registration, we suggest that you make the necessary arrangements yourself, as registration fees were not included in the $20.00 purchase price. Many thanks for your co- operation in this Yours very truly, J.L. Collinson, Clerk Treasurer. JACK L. COLLINSON TREASURER ASSESSOR The City of Niagara Falls Canaj His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: That 4222 May Avenue "subject lands shown hatched on Schedule "A" attached hereto, being City-owned lands, be declared surplus in anticipation of it being used as a new pumping station. BACKGROUND: Corporate Services Department L 2005 34 Legal Services 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) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca Re: L- 2005 -34 Declare Surplus 4222 May Avenue Our File No.: 2005 -199 October 3, 2005 Karen Kelly City Solicitor The City's existing muddy run sewer traverses the subject lands located between 4214 and 4230 May Avenue. Since this property is proposed to be used to accommodate a new pumping station, it is now necessary to declare the subject lands surplus to the City's needs. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 Staff has no objection to the declaration of the subject lands as surplus. Recommended by: Karen I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services 2 Respectfully submitted: John MacDonald Chief Administrative Officer L- 2005 -34 TERANcT Teraview" 0 12 24 36 48 60 72 metres Jul 29, 2005 Protected by Copyright May not be reproduced without permission. This map was compiled using plans and documents recorded In the Land Registry System and has been prepared for property Indexing purposes only. This Is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Only major easements are shown. Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416 360 -1190) The City of Niagara Falls Cana Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -36 Legal Services Karen Kelly 4310 Queen Street City Solicitor P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario October 3, 2005 Re: L- 2005 -36 Letters Patent to City of Niagara Falls Part 2 on Reference Plan 59R -1340 and Parts 1, 2 and 4 on Reference Plan 59R -1397 Our File No.: 2005 -211 That Council authorize preparation and registration of a Transfer/Deed of Land to register Letters Patent "Letters in favour of The Corporation of the City of Niagara Falls "City") confirming the City's paper title to 1.822 acres of land being Part 2 on Reference Plan 59R -1340 and Parts 1, 2 and 4 on Reference Plan 59R -1397, "subject lands On October 17, 1979, Her Majesty the Queen conveyed the subject lands shown hatched on Schedules "A -1 and A -2" attached, to the City by Letters Patent. Although the Federal Government had arranged for transfer of the subject lands to the City, a review of Registry Office documentation indicates that the transfer of the subject lands was not completed as the Transfer/Deeds of Land were never registered. Canada Lands Company and the solicitor for Her Majesty the Queen has requested that we register the Letters to clear up the title to the subject lands. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 2 L- 2005 -36 Staff has been circulated the within request to various City departments and is recommending that the City formalize its ownership of the subject lands. Recommended by: Karen I. Kelly City Solicitor Approved by: JiAlftoe T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer 0 a u a 0 1 1 1 7; r,V.. CeCt a00 MCC ff ,o "wet e 4 ✓.i c,„ y-, Z ,,,,...F,9„.„, .34138 Cd Ak43N 5Vi 741 Y; r b7 yin m.., I ORIGINAL PUN MATERIAL PAsl Ms todal MYlor Glues 0.003 inch Process Photographic Mk Special 'I' ROAD 2 1' Id. f 30•E >4.IJ. R N`!1' SO' R/ DGE PART 6 E 330 Cel..lel.• !PART 51 rr.. 0.•• AREA 0.230 Ac. R.9` 235ti ti 9F (1 1 N .9•T1'30'E 10:'0 r.er• `1 rd r Alt I. E 10 '0 AREA 0.022 Ac. _IOQ BEARINGS HEREON ARE ASTRONOMIC REFERRED TO THE MERIDIAN THROUGH LONGI- TUDE 79` 30' WEST AND ARE DERIVED FROM SURVEY CONNECTIONS TO ST LAWRENCE SEAWAY CONTROL MONUMENTS. -0-- 5.1.9. Dania raq. IRON BAR. 4' long. —U.— 1.9. Domain 5 /Iraq. IRON BAR. 2' long. —119-1.11. WO.nol.. 3 /4 dlo. IRON BAR 2' long Fd. O.nol. FOUND. ALL HANGING LINES HEREON HAVE BEEN VERIFIED. PLAN OF SURVEY OF PARTS OF LOT 8 CONCESSION 7 FORMERLY IN THE TOWNSHIP OF CROWLAND NOW IN THE CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SCALE 1- 50' 1975 ROAD CLOSED BY I ALLOWANCE I BY -LAW N= 70 -209 I BETWEEN I INST. N F44/67 ft.- s�.ms r1 I.a;a] R.f 11'!O moo n 102'22 V 1 CAUTION THIS PLAN IS NO1 A PLAN OF SUBDIVISION WITHIN THE MEANING OF SECTIONS 29.32. OR 33 OF THE PLANNING ACT ROAD 1 REQUIRE THIS PLAN TO RE DEPOSITED UNDER PART 11 OF THE REGISTRY ACI DAIF _OC T. 34, 197 (l CONCESSIONS 51:N 1.00 rl T. i LOT' 7 J r I w O Surveyor's Certificate I HEREBY CERTIFY THAT. 14 Thn survey and plan am correct and In lteerd.ne• wIt, TI Surveys Act and 111E R.glalry Act and dw r.9ulation. mod* Me...nder; 2) The ...rvey was wmpl.l.d mm M. B day F4 AUG. 1975 6 B 7 oo./ OCT. 30. 1973 ERE 75 49 00AWIN5 N.. R -399 RECEIVED AND DEPOSITED u AS PLAN_ 5%R-/ 3 9 7 DATE /o• 4 V IYl C� ynND REGISTRAIII FOR THEURNI EGIA O OF NIAGARA RA SOUTH. 7 DOUGLAS A. LANE OAS C.J. CLARKE, NIAGARA, LIMITED PROFESSIONAL ENGINEERS ONTARIO LAND SURVEYORS WELLAND ONTARIO The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L 2005 37 Legal Services 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) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca Re: L- 2005 -37 Release of Agreements McLeod Road and Alex Avenue Part 1 on Reference Plan 59R -4958 Our File No.: 2005 -238 October 3, 2005 Karen Kelly City Solicitor That the release of four Agreements registered on title to the lands owned by Ten Partners Development Limited, for the above -noted property, is hereby approved and authorized. In 1979, 1982 and 1987 the City entered into four separate Agreements with Ten Partners Development Limited for the purpose of developing a residential subdivision. One of the Agreements that was dated January 28, 1982 provided that the covenants therein bind the property only for a period of 20 years from the date of the Agreement. With this "sunset" clause the plans are no longer in force, and, therefore, the Solicitor for Ten Partners Development Limited has requested that the Agreement be released. The other three Agreements dated August 27, 1979, March 30, 1982, and September 10, 1987 were entered into for the purpose of developing a residential subdivision and a Site Plan Agreement. The property subject to these three Agreements has now been zoned for a commercial use and as such, these Agreements are no longer required. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 2 L- 2005 -37 Staff has circulated the above requests and has received no objections to all four of these Agreements being terminated and removed from the title to the property, at no cost to the City. Recommended by: Respectfully submitted: Karen I. Kelly City Solicitor Approved by: KK/lb JkimIdv- T. Ravenda Executive Director of Corporate Services ohn MacDonald Chief Administrative Officer The City of Niagara Falls Canada Corporate Services Department L- 2005.38 Legal Services 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) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Re: L- 2005 -38 Marijuana Grow -Ops Our File No. 2005 -187 For the information of Council. October 3, 2005 Karen Kelly City Solicitor In November 2004 the Province introduced Bill 128, an Act that created additional powers of enforcement and increased penalties in various other provincial Acts, so that those agencies dealing with marajuana grow operations "Grow Op including municipalities, would have better tools available to them with which to inspect and shut down such operations. Included in that legislation are provisions that establish an ability for violations of the Ontario Fire Code, in buildings where a Grow Op is discovered, to be subject to fines that are double that of non Grow Op situations (fines will go from a current maximum of $50,000 to a new maximum of $100,000 for a Corporation and will go from a current maximu of $25,000 to $50,000.00 for an individual). In concert with Bill 128 the Federal Government amended the Criminal Code of Canada to provide for stricter penalties against the owners or operators of these Grow Ops in the event that injuries are incurred by Emergency Responders when attending at a Grow Op such as booby traps or electrocution. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development October 3, 2005 2 L- 2005 -38 In January/February 2005 discussions occurred between members of the Niagara Regional Police (Police) and Niagara Falls Fire Department (Fire Department) following two fires and several inspections involving Grow Ops regarding a co- ordination of their efforts of enforcement. Subsequent to those discussions, a procedure was established where the Police notify the Fire Department and call out a Fire Inspector to attend with the Police on each occasion that they attend on a suspected Grow Op. Under this new procedure, in addition to any criminal charges laid by the Police against the owner or operator of the Grow Op, the Fire Department is also able to conduct an inspection of the building and lay charges for prosecution under the Ontario Fire Code against the owner or operator of the Grow Op. The Fire Department has also partnered with the Building Department in ensuring that the public is protected from the inherent dangers of renting or buying a building in which a Grow Op has been established by ensuring that following an inspection, the Inspector using his powers as a Building Inspector issues "Unsafe Building Orders" and an "Order Prohibiting Occupancy" against the building and its owners. Such orders are then registered on title to the property in order to ensure that the building is not re rented or sold without the prospective owner or tenant being aware of the need for remediation of the building. In that regard, hazards that are associated with Grow Ops include, but are not limited to, black mould, chemical contamination, electrical hazards, structural problems and hazards associated with the furnace and hot water heater. All of which require remediation prior to these Building Code orders being lifted, the average cost of remediation being in the $15,000.00 to $50,000.00 range. The Fire Department lays up to 4 charges under the FPPA (Fire Protection and Prevention Act) following each inspection of buildings containing a Grow Op in addition to the Building Code orders being issued. Since February 2005, the Fire Department has been involved in the inspection of 11 buildings that were being used as Grow Ops in the City of Niagara Falls. Prosecution of these offences, under the guidance of Legal Services and the Regional Prosecutor, are currently proceeding with the first trial scheduled for October 12, 2005 at 1:30 p.m. at Niagara Falls Court House, Queen Street, Niagara Falls. Approximately 25 more cases are pending before the courts and will follow on the heels of this first case. The only other municipality in Canada that is taking this kind of an approach to the inspection, prosecution and prohibition on occupancy of Grow Op buildings in the country, to our knowledge, is the City of Calgary. As such, a great deal of interest from the Ontario Fire Marshall's Office, Royal Canadian Mounted Police, various other Fire Departments across the country, as well as from the Provincial and Federal Ministers October 3, 2005 3 L- 2005 -38 responsible for Public Safety has been expressed with a number of representatives from those agencies being expected to attend and watch with interest this first Niagara Falls trial in October. Recommended by: Patrick Burke Fire Chief Recommended by: John Castrilli Director of Building and By -law Services Recommended by: Karen I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls Members: RECOMMENDATION: Community Services Department MW-2005-113 Municipal Works Ed Dujlovic, P. Eng. 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: fhiggins @city.niagarafalls.on.ca October 3, 2005 Re: MW- 2005 -113 Contract 2005 -01 2005 -2008 Street Light Servicing Contract City Wide It is recommended that the unit prices submitted by the low tenderer, Ground Aerial Maintenance Services Ltd., be accepted and the By -law be passed. BACKGROUND: The Tender Opening Committee, in the presence of the Secretary to the Manager of Supplier and Services, Nancy Elsley, opened tenders on Thursday, September 15, 2005 at 1:30 p.m. for the above noted contract. Tender documents were delivered to the five (5) Pre Qualified Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices received from the three (3) Contractors, as well as, the list of the five (5) pre qualified Contractors. 1. Ground Aerial Maintenance Services Ltd. (GAMS) Niagara Falls) $272,221.85 2. Landley Utilities Contracting (Bowmanville) $434,600 3. Dundas Power Line Ltd. (Chesterville) $561,635 4. Black McDonald Ltd. (Scarborough) no bid 5. Weinmann Electric (Fort Erie) late bid Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development October 3, 2005 2 MW- 2005 -113 It should be noted that a forth tender submission was brought in by Weinmann Electric, but had arrived after the closing time. It was not accepted. The lowest tender was received from Ground Aerial Services Ltd. in the amount of $272,221.85. It should be noted that the price is per year and is adjusted on a yearly basis using the Consumer Price Index. This Contractor has previously carried out this project for the City in a satisfactory manner. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: Funding for the contract is included in the annual operating budget account number 11 -3- 351000- 040000 This contract is scheduled to commence on November 1, 2005 with a completion date of December 31, 2008. Council's concurrence with the recommendation made would be appreciated. Prepared by: R 'I om Mhlsari Manager of Building Services/ Operations Manager Recomme d by: Ed Dujlovic, P. Eng. Director of Municipal Works V. \051003\MW- 2005 -113 Street Lighting Contract.wpd Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Falls Canada Community Services Department MW- 2005 -115 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: edujlovic ©city.niagarafalls.on.ca Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: MW -2005 -115 Authorized Requester Agreements RECOMMENDATION: It is recommended that BACKGROUND: October 3, 2005 a) the two Authorized Requester Agreements with the Ministry of Transportation be approved; b) the Mayor and Clerk be authorized to execute the said agreements; and c) that the agreement relative to parking tickets be held in abeyance until the installation of new software to accommodate the new method of information retrieval. On November, 1998 the City entered into an agreement with the Province regarding the use of the Provincial Computer for license plate ownership information and certification relative to parking infractions. Certification for Conviction costs as prescribed by the Provincial Offences Act are $16.00 per ticket. The City forwards $8.25 to The Ministry of Transportation for their services. The balance is retained by the City. The Ministry of Transportation has changed the form of access from a dial up data transmission to internet connection. The Ministry has requested security statements from staff having access to this system as well as security information concerning the City of Niagara Falls computer system. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By-Law Services October 3, 2005 The Ministry has identified two specific uses permitted. The first use is for vehicle ownership information relative to parking infractions. The second use is for vehicle ownership information for municipal law enforcement purposes only. The City has complied with all aspects of the two new agreements and wishes to proceed with the new method of accessing data for municipal law enforcement purposes. The City will proceed with the new method of accessing data as soon as the new software is installed to handle this method of processing. There are no additional fees charged to the City to access this information. The first agreement is to be forwarded immediately to the Ministry of Transportation. Staff will forward the second agreement as soon as is practicable. Council's concurrence with the recommendations in this report would be appreciated. Prepared by: Karl Dren, C.E.T. John MacDonald Manager of Traffic Parking Services Chief Administrative Officer Ed Dujlovic, P.Eng. Director of Municipal Works sw/ V:\ 2005 -115 Authorized Requester Agreements.wpd File: G- 180 -19 2 MW- 2005 -115 Respectfully submitted: A Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2005 -51 Parks, Recreation Culture 4310 Queen Street .0. 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 October 3, 2005 Adele Kon Director Re: R-2005-51 Lease Agreement between the City of Niagara Falls and Mark Danecker, operating as "Phoenix Physiotherapy" MacBain Community Centre That Council authorize the Mayor and City Clerk to act on behalf of the City in executing a lease agreement between the City of Niagara Falls and Phoenix Physiotherapy in the new MacBain Community Centre. In September 2002, the Steering Committee placed advertisements in the Niagara Falls Review seeking Requests for Proposals (RFP's) from additional public and private organizations with an interest in p roviding s ervices from t he C entre. T hese i ncluded n on -profit c ommunity s ervice organizations, private medical services and food services. The Steering Committee received several proposals and recommended the inclusion of the following groups in the new Centre: 1. Heart Niagara Inc. 2. Niagara Falls Big Brothers Big Sisters 3. Centre Court Cafe Inc. 4. Phoenix Physiotherapy It was recommended that each of these groups would also enter into the Centre as a tenant of the City (Community Centre Status Report December 2, 2002 R- 2002 -73). The Steering Committee has engaged Mr. Andy Henderson, Barrister Solicitor to prepare a lease Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 3, 2005 agreement between each tenant and the City. The lease agreements reflect the rights, responsibilities and obligations of each tenant. All the tenant agreements, except for the agreement with Phoenix Physiotherapy, were executed on August 29, 2005, through report R- 2005 -31 Agreement with Tenants of the MacBain Community Centre. The agreement with the Phoenix Physiotherapy is the last tenants' agreement to be completed and executed. Prepared by: Recommended by: teVe Hamilton Manager of Recreation Facilities and Community Development de e Kon Director of Parks, Recreation Culture SH/das 2 Respectfully submitted: John MacDonald Chief Administrative Officer S: \Council \Council 2005\R- 2005 -51 Lease Agreement Phoenix Physiotherapy in MacBain Community Centre.wpd R- 2005 -51 Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2005 -48 Parks, Recreation Culture Adele Kon 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 7404 E -mail: akon @city.niagarafalls.on.ca October 3, 2005 Re: R- 2005 -48 Naming of Gary Hendershot Memorial Trail That the portion of the Mitchell Line Trail from Lundy's Lane to Clare Crescent be named Gary Hendershot Memorial Trail. On February 14, 2005, Council directed staff to research the naming of City parks in honour of the late Alderman Gary Hendershot and the late Mayor Robert Keighan, who both served as local politicians for the City, as well as the Niagara Region. Both individuals provided many years of dedicated public service to the citizens of Niagara Falls. In June of this year, Council approved the naming of the future neighbourhood park in the Beaver Valley Subdivision in honour of Robert F. Keighan and an official sod turning ceremony was held on August 12, 2005. A meeting was held during the summer with Gary Hendershot's family to discuss the various types, location and use of parks available for naming opportunities. The family selected the portion of the Mitchell Line Trail that travels from Lundy's Lane near the Falls Manor Restaurant to Clare Crescent. A summary of the Gary's length of service is as follows: Gary Hendershot 1990 -97 Alderman 1997 -2000 Regional Councillor 2001- March 2001 Alderman Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services October 3, 2005 2 R- 2005 -48 Gary was a teacher with the Niagara District School Board and an avid sports enthusiast. He had a passion for golf and baseball. He enjoyed being involved in City Special Events and particularly, chairing the Provincial Winter Games hosted by the City and the Winter Festival of Lights. In conclusion, it is recommended that City Council approve the naming of the Mitchell Line Trail to Gary Hendershot Memorial Trail and an official sign unveiling and ceremony will take place this Fall. Recommen. 1 Respectfully submitted: Adele Kon Director of Parks, Recreation Culture BB /das S: \Council \Council 2005\R- 2005 -48 Naming of Gary Hendershot Trail.wpd John MacDonald Chief Administrative Officer The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS Justice B. Duncan of the Ontario Court of Justice ordered the Council of the City of Niagara Falls to appoint an auditor to conduct an audit of the 2003 election campaign expenses of candidate Wayne Thomson as required by s.81.6 of the Municipal Elections Act, 1996; and WHEREAS section 81 (4) of the Municipal Elections Act, 1996 requires the municipality to appoint an auditor by resolution; and WHEREAS a request for proposal went out for auditors licensed under the Public Accountancy Act to perform the municipal election compliance audit; and WHEREAS an internal committee of staff reviewed the request for proposals. THEREFORE BE IT RESOLVED that Deloitte Touche LLP be chosen as the auditor to conduct a municipal election compliance audit regarding the 2003 election campaign finances of mayoral candidate Wayne Thomson. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R T. (TED) SALCI CITY CLERK MAYOR THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule Q thereto the following item: YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Paddock Trail Drive and Post Road Northbound on Post Road Paddock Trail Drive and Aintree Drive (w. int) Southbound on Aintree Drive Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Recommended by: Adele Kon Director of Parks, Recreation Culture AK/das Attachment Community Services Department R- 2005 -50 Parks, Recreation Culture Adele Kon 4310 Queen Street Director .0. 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 October 3, 2005 Re: R 2005 50 Arena Complex Development Program: Seating Capacity RECOMMENDATION: That the main ice rink provides a seating capacity of seats. BACKGROUND: 2 O0 and that the second ice rink includes 250 Members of Council, via e -mail, were provided with background information on the seating capacity, a rationale for 2,000 and 3,000 seats, the comparative costs, as well as, a chronology of the arena complex development project. Staff is requesting that Council make a decision on the seating capacity so that design of the facility can proceed. An aggressive schedule has been established in order to have the facility open for September 2007. Respectfully submitted: S: \Council \Council 2005 \R 2005 -50 New Arena Complex Seating Capacity.wpd h77,4 ohn MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services The City of Niagara Falls Canad� Members: Community Services Department R-2005-49 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.nlagarafalls.on.ca His Worship Mayor Ted Sa lci and Members of the Municipal Council City of Niagara Falls, Ontario September 19, 2005 Re: R 2005 49 Arena Complex Development Program: Selection of Architectural Team and Consideration of Facility Spaces and Uses RECOMMENDATION: It is recommended: a) That Council approve the construction of a new twin pad arena following an independent architectural design, competitive contractor tender and then build approach. That Council approve the architectural team of Barry Bryan Associates to plan, design, and provide contract administration/construction services for the Niagara Falls Arena Complex. c) That Council approve attached Appendix "A" Preliminary List of Arena Complex Components. REVIEW OF ALTERNATIVE DELIVERY APPROACHES: City Staff and the Niagara Falls Arena Complex Development Steering Committee reviewed alternative service delivery approaches to construct a new twin pad arena complex. There are three approaches that can be followed to complete the twin pad arena project. Each approach has its positives and negatives. Staff previously reviewed the alternative service delivery approaches for the MacBain Community Centre. These same approaches were again evaluated to determine the most appropriate service delivery approach for the Niagara Falls Arena Complex Project. This evaluation included evaluating design/build Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Lew Services Alternative #2. Design/Build using a combined architect/contractor group Alternative #3. Private Finance/Design/Build Operation of the arena by a private company Staff recommends that the architectural design, competitive contractor tender, and facility construction approach (Alternative #1) be used for the development of the arena. This is the same service delivery approach used to develop the MacBain Community Centre and one that is familiar to the City and other municipalities in the development of community and recreation facilities. Other important reasons why this service delivery approach is being recommended include: September 19, 2005 2 R- 2005 -49 presentations from two firms with relevant experience in alternative service delivery. The three service delivery approaches evaluated included: Alternative #1. Independent Architectural Design, Competitive Contractor Tender, and Facility Construction To undertake a different service delivery approach would delay the process of developing a new arena complex by at least six months, in turn delaying the opening until after the completion of the 2007/2008 season. The proposed schedule is to open the complex before the 2007/2008 season. The architects have advised while this schedule is aggressive, a September 2007 opening can be achieved if no significant issues are encountered during the design and construction process. Staff has considered the alternatives and endorsed the architectural design, competitive contractor tender, and facility construction approach. The three "short listed" architects all strongly advised that the City continue its current course of action and noted that potential "cost savings" would be reflected in a reduced quality of the arena facility. The City does not have the in -house architectural expertise to review and evaluate design/build submissions. The costs of an outside independent architect that would act as the City's project representative or agent are estimated to be in the same order as the cost to retain an architectural team to design the facility. The City will actively participate with the architectural team and the contractor in all aspects of project development including making the fmal decisions on facility design, contractor selection, budget and facility construction. RECOMMENDED ARCHITECTURAL TEAM: The Niagara Falls Arena Complex Development Steering Committee has been engaged since June 2005 in a Quality -based Selection (QBS) process to select the most appropriate architectural team to plan, design and provide contract administration /construction for the project. Through Expressions ofInterest (EOI) and Requests for Qualifications (RFQ's), the Committee narrowed the list of qualified September 19, 2005 -3 R- 2005 -49 architectural teams that would be considered to the following short list of three teams: Barry Bryan Associates Ltd. (Whitby) and Raimondo Associates Architects Inc. (Niagara Falls); MacLennan Jaunkalns Miller Architects (Toronto) and Chapman Murray Associates (Niagara Falls); Parkin Architects Limited (Toronto) and Peter J. Lesdow Architect (Niagara Falls); Each firm was asked and responded to a Request for Proposals (RFP) including a fee budget proposal. The teams were evaluated based on their technical proposals and interviews that took place on August 22, 2005. The Steering Committee unanimously selected Barry Bryan Associates as their preferred choice. The recommendation considered the following: This firm has significant and relevant experience in the design of arena complexes; The proposed Project Manager, Mr. Dennis Bryan, is personally committed to our project and brings a wide range of innovations and successful experience; Raimondo Associates Architects Inc., a local architectural firm has a significant role in the project including the involvement of Mr. Emilio Raimondo. The design team is lead by Mr. Brian Saul, who has considerable experience and particularly impressed the selection team; The proposed consultant team represents some of the most qualified and experienced experts that will serve the project needs; The recommended team had the lowest estimated fee budget in comparison to the other fee budget proposal that was opened. Barry Bryan Associates will arrange facility visits to recently constructed arena complexes for the Committee to learn about innovative design and operation features. FACILITY SPACES AND USES: Attached is the Preliminary List of Possible Arena Complex Components Appendix "A" that was prepared from the work completed by LeisurePlan International Inc. in consultation with stakeholder user groups and the community. Subsequently an Open House was held to present the space and usage program and it was also considered by the Arena Complex Development Steering Committee. The most significant consideration for Council is the seating capacity of the main arena. To assist, staff has provided an overview of how the 2,000 seat capacity was arrived at. LeisurePlan International Inc. report May 2004 recommended one ice pad with 3,000 seats and another with 200 seats. September 19, 2005 4 R-2005-49 Prepared by: RM/das Attachment August 16, 2004 Council Report R- 2004 -51, Council approved one pad with 3,000 seats and another with 200 seats. November 26, 2004 report prepared by Chapman Murray Associates Architects /MacLennan Jaunkalns Miller Architects suggested the seating capacity be reduced from 3,000 to 2,000 to reduce the cost by approximately $1,000,000 and reduced the building size by approximately 5,000 sq. /ft. March 21, 2005 Council Report R- 2005 -16, noted that reducing the main arena seating capacity from 3,000 seats to 2,000 would reduce the cost of the project, as well as the size of the building. Input received from the community at the Open House and in written comments suggested that the seating capacity be larger in the main arena. Other features proposed for the arena complex were found to be acceptable to the community and arena user groups. Rob McDonald Assistant Community Development Coordinator Adele Kon Director of Parks, Recreation Culture Respectfully submitted: S:\Council\Council 2005\R- 2005 -49 New Arena Complex Architectural Selection.wpd John MacDonald Chief Administrative Officer APPENDIX "A" Preliminary List of Arena Complex Components The following preliminary list of arena complex components was that was prepared from the work completed by LeisurePlan International Inc., in consultation with stakeholder user groups and the community. Subsequently, an Open House was held to present the space and usage program and it was also considered by the Arena Complex Development Steering Committee. New Arena Complex Two ice surfaces 85 x 200 ft. each Spectator seating 1 nominal seating (i.e. portable seating for 250 people), 1 @2,000 seats Warm area overlooking both ice surfaces community viewing space Players benches, penalty boxes, tinier booths Change rooms (10, 5 per arena) Junior B Change Room and office space Referee rooms (2) Media room/Press Box Equipment storage First Aid room User group storage (5 rooms) User group offices (3 offices) Ice resurfacing rooms (2) Refrigeration (2 separate plants) Standby Power System Optional Arena Components Water Purification System (i.e. "Jet Ice Energy Savings Equipment (i.e. "Ice Cube Meeting Rooms Multi Purpose room (300 to 400 persons) Kitchen Storage Board Room Lobby and Public Arena Main lobby Display/Donor Recognition Sports Wall of Fame Ticket Booth Elevator Public washrooms Public Skate Change Area Concessions and Services Food and Beverage Pro Shop and Skate sharpening Vending machines Back of House Management and Administration Offices Reception/Control Manager and Administration (3 to 4 offices) Work room Storage Staff lunch room Staff lockers Maintenance, mechanicaUelectrical and utility workshop Storage Ancillary Spaces Car and bus parking (minimum 500 spaces) Landscaping and signage Complementary park uses Maior Equipment Two ice surface cleaners Other Potential for future building expansion