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THIRD MEETING
Monday, March 20, 2006
From 4:00 p.m. to 6:00 p.m.
City Hall, Committee Room #2A & B
1) Approval of the 2006-02-20 Community Services Minutes.
2) PRESENTATION:
Niagara Falls People Mover Project
Presented by: Ed Lustig - Director People Mover Project
David Schram, Urban & Environmental Management
Doug Allingham & Paul Bumstead, Totten Sims Hubicki
3) REPORTS: STAFF CONTACT:
a) MW-2006-25 - Ascot Circle Speed Review Ed Dujlovic
b) BBS-2006-02- Canadian Niagara Hotels Inc.
Pedestrian Walkway Ed Dujlovic
c) PD-2006-28 - Canadian Niagara Hotels, History ofWaterpark
and Pedestrian Walkway Ed Dujlovic
4) NEW BUSINESS:
5) ADJOURNMENT:
~ - - -
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
Monday, February 6, 2006, City Hall, Room 2 at 5:45 p.m.
PRESENT: Chair - Alderman Pietrangelo, Mayor Ted Salei, Alderman Jim Diodati
(5:25), Alderman Joyce Morocco, Alderman Vince Kerrio (5:30), Alderman
Wayne Campbell.
REGRETS: Tony Ravenda, Alderman Selina V olpatti, Alderman Janice Wing, Alderman
Carolynn Ioannoni, Karen Kelly
STAFF: John MacDonald. Ed Dujlovic, Ken Beaman, Denyse Morrissey, Pat Burke,
Ken Burden, Dean Iorfida, Karl Dren Marianne Tikky - Steno
PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review
GUEST: Paul Hartman, 6714 Thorold Stone Road
It ORDERED on the motion of Mayor Salei and seconded by Alderman Morocco that Alderman
Pietrangelo chair the Community Services Committee meeting in Alderman V olpatti' s absence.
Motion: Carried
MINUTES
It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Diodati, that
the February 6,2006 minutes be approved as amended. (Alderman Kerrio had a conflict with report
BDD-2006-02 as he is a member of Niagara Falls Tourism.)
Motion: Carried
Action: Recommendation submitted to Council 2006-02-06.
REPORTS
a) MW-2006-17 - Robinson Street - Speed and Heavy Vehicle Review
It was ORDERED on the motion of Mayor Salei and seconded by Alderman Diodati that a "No
Heavy Vehicle" restriction at all times be installed on Robinson Street between Main Street and
Allendale Avenue.
Motion: Carried
Action: Recommendation submitted to Council 2006-02-20.
b) MW-2006-18 - Confederation Avenue Parking Review
It was ORDERED on the motion of Morocco and seconded by Mayor Salei that parking be
prohibited at all times on the west side of Confederation Avenue between Thorold Stone Road
and Crawford Street.
Motion: Carried
Action: Recommendation submitted to Council 2006-02-20.
I.
Minutes - CSC - March 20, 2006 -2-
c) MW-2006-22 - Victoria Avenue @ Niagara River Parkway Intersection Temporary
Traffic Signals and Drainage Issues
The Director of Municipal Works advised Committee that the Niagara Parks Commission has
requested a permanent traffic signal at the intersection of Victoria Avenue and Niagara River
Parkway.
It was ORDERED on the motion of Alderman Diodati and seconded by Mayor Salci that
I. That staff be directed to proceed with the installation of permanent traffic signals at the
intersection of Victoria Avenue and the Niagra River Parkway in cooperation with the
Niagara Parks Commission,
2. and further that the ownership of the existing storm outlet for Victoria A venue be secured
via an easement through Niagara Parks Commission lands.
Motion: Carried
Action: Recommendation submitted to Council 2006-02-20.
d) MW-2006-23 - Space Needs City Hall
It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Campbell that
report MW-2006-23 be deferred.
Motion: Carried
Action: Recommendation submitted to Council 2006-02-20.
NEW BUSINESS
a) It was ORDERED on the motion of Alderman Kerrio and seconded by Mayor Salci that
staff prepare a report on the site plan for the plaza on Thorold Stone Road and
Confederation Avenue.
Motion: Carried
Action: Recommendation submitted to Council 2006-02-20.
ADJOURNMENT
It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Morocco
that the regular meeting of the Community Services Committee be adjourned at 5:50 p.m.
Community Services Department MW-2006-25
. Municipal Works Ed Dujlovlc
The City of . ",,,,,""'..... Director
. P.O. Box 1023
Niagara Falls Niagara Fells, ON L2E 6X5
Canada ~ web site: www.nlagarafalls.ca
..#
.- Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujloviC@niagarefalls.ca
March 20, 2006
Alderman Selina Volpatti, Chairperson
and Members ofthe Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2006-25
Ascot Cirele Speed Review
RECOMMENDATION:
It is recommended that a stop sign be installed at the intersection of Citation Road at Ascot 1/' (,).iJ
Circle facing northbound motorists on Citation Road. 't ~<L+ sfu.-f( CJ>nctu.c-+ CA. s~ed.... (t,. (
on Ascof Cfrcle clW""j ~ SUYlIf"Il.d" months.
BACKGROUND:
Staff has been requested to review the speed of motorists travelling on Ascot Circle. The area of
concern includes Ascot Circle between Sabine Drive (east intersection) and Citation Road. Also,
staff was requested to review the intersection of Ascot Circle at Citation Road to determine
whether additional intersection controls are required.
Ascot Circle is a local roadway consisting of two travel lanes, one in each direction. Sidewalks
are present on the south side of the roadway only, between Citation Road and a point 280 metres
east of Citation Road. The width of the roadway is 8 metres and parking is permitted on both
sides, except around the curve,just west of Sabine Drive (east int.), where it is restricted on the
north side of the roadway.
Staff has reviewed the speed of motorists travelling on the study section of Ascot Circle between
the east and west intersections of Ascot Circle and Sabine Drive. The study revealed that the 85'"
percentile speed obtained does not indicate a speeding problem. The speed which the majority of
motorists travel at or below is 52 km/h, with an average speed of 47 km/h. The speed limit of the
study section of Ascot Circle is 50 km/h. Typically a speed problem occurs when the 85'"
percentile speed is in excess of 10 km/h over the legal speed limit of a particular roadway. The
low speeds may be attributed to the presence of curves in the roadway, which force motorists to
slow down prior to the curve, in order to be able to negotiate through it safely. Also, as
mentioned above parking is permitted on Ascot Circle, and observations revealed motorists
utilize on-street parking. As a result, the roadway width is slightly reduced making it
Working Together to Serve Our Community
Municipal Woms . Fire Services' Pams, Recreation & CuHure . Business Development. Building & By-Law Services
I. "
I. III
March 20, 2006 -2 - MW-2006-25
uncomfortable for motorists to traverse at higher speeds which also causes a reduction in
travelling speed.
A collision review conducted on Ascot Circle between Preakness Street and Citation Road
reveals that a collision problem does not exist as no collisions were reported in the previous three
year period on the study section of the roadway. Based on this information no further action is
necessary pertaining to this matter, at this time.
Observations near the study location reveal, that currently, the intersection of Ascot Circle at
Citation Road is uncontrolled. Therefore, it is recommended that a stop sign be installed at the
intersection, facing northbound motorists on Citation Road. This intersection control will help to
allocate the right-of-way to motorists travelling through the intersection by ensuring northbound
vehicles permit motorists on Ascot Circle to proceed through the intersection first.
Committee's concurrence with the recommendation outlined in this report would be appreciated.
Prepared by: R_lful1Y:~
~
Karl Dren, C.E.T. John MacDonald
Manager of Traffic & Parking Services Chief Administrative Officer
;:;/L--
Ed Dujlovic, P.Eng.
Director of Municipal Work
Bart SkibaS:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2006 Community Services\03 Mar 20\MW-2006-25 Ascot Circle.Speed
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Community Services Department BBS-2006-02
Building & By-Law Services John Castrilli, CET, CBCO
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) 374-7500
E-mail: jcastrilli@city.niagarafalls.on.ca
March 20, 2006
Alderman Selina V olpatti, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: BBS-2006-02
Canadian Niagara Hotels Inc.
Pedestrian Walkway between the Atlantis Waterpark and
The Skyline Inn
4800 Bender Street
RECOMMENDATION:
That this report be received for the information of Council.
BACKGROUND:
At the Council meeting of Monday, March 06, 2006 Council deferred report number PD-2006-19
a Zoning By-law Amendment Application AM-03/06, 4608 and 4800 Bender Street and 4915 Clifton
Hill; Applicants: Canadian Niagara Hotels, Maple Leaf Entertainment Inc., 1032514 Ontario Ltd.,
and 1006092 Ontario Ltd. Modifications to a previously approved Waterpark and enclosed
Pedestrian Bridge.
The history of a waterpark use on the Canadian Niagara Hotel site goes back to 2003. In June
2003, City Council approved a rezoning application for increased height to permit an indoor
waterpark on top the conference facility behind the Sheraton-on-the-Falls Hotel. Although the
zoning was approved the owner did not pursue construction of that facility because his plans
shifted the proposed waterpark to the top of the existing parking garage behind the Brock Plaza
Hotel. Accordingly, City Council approved a zoning amendment application (AM-05/2005) in
May 2005 to permit an increased height for the existing parking garage to allow a waterpark to be
erected on top of that structure. That application also provided for overhead pedestrian walkway
connections between the planned waterpark and the Sheraton Hotel, the Brock Hotel and the
Skyline Inn. Construction of the waterpark began in 2005. Early in 2006, the owner submitted the
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services
.~ ------
-2- BBS-2006'()2
current application (AM-03/2006) to amend the zoning provisions for the elevated pedestrian
walkway between the Skyline Inn and the Waterpark to be higher than the 2005 by-law allowed
and in a more northerly location. The rezoning application also provides for some by-law
modifications to aIlow for snow shields to be erected around the perimeter waterpark and parking
garage.
The erection of a portion of the proposed link had commenced prior to Councils' approval of the
above noted amendment. Council requested that staff prepare a report from Building and By-law
Services on the history of non-compliant building permits as foIlows:
As Council is aware a building permit application cannot be received for process and issuance
prior to having obtained all approvals. In this case a building permit application has not been
received as acceptance of an application is contingent upon having obtained the above noted
approval. Accordingly a building official is not appointed to a file until after a permit is issued.
. it is noted that the interconnecting walkway was constructed off site and delivered in 4 or
5 sections sometime in late February
. Building Division staff determined that a portion of the link was erected between March
1,2006 and March 3, 2006
. on Friday, March 3, 2006 at 2:15 pm building staff prepared an Order to Comply 2006-
39-C which was served on the owner Monday, March 06, 2006. It is important to note
that some dialogue had taken place between the owners Architect and Building Division
staff that the order was forthcoming and further advising that construction should cease
immediately
. on Tuesday, March 7, 2006 a Stop Work Order was issued and served on the owner of the
property
. to date no further construction has taken place (update prior to Council meeting March
20, 2006)
. Legal action is pending
. permit fee will be doubled at time of issuance (to be calculated when application is
received)
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CONCLUSION:
Enforcement methods used to verify compliance with the Building Code Act and the Ontario
Building Code may differ slightly from one municipality to another. The Act provides all
building officials with the legal tools necessary to resolve most situations. The manner and
frequency of their use depends on many factors (ie municipal policy, track record of the
builder/developer/owner, past practice, unsuccessful verbal persuasion, etc)
The City's policy on building without a permit is "zero tolerance". In this case once the Building
Division became aware that construction had commenced verbal communication with the
developer was initiated and we were successful in stopping any further construction. An Order to
Comply and a Stop Work Order were posted in a timely fashion.
spectfully submitted:
. /1Zih{
0 trilli John MacDonald
. ector of Building & By-Law Services Chief Administrative Officer
JC/mp
Attach
L Photo - constructed section of walkway
Corporate Services Department PD.2006-28
Planning & Development Doug Darbyson
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.niagarafalls.ca
.- Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: plann ing@niagarafalls.ca
March 20, 2006
Alderman Selina V olpatti, Chairperson
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: PD-2006-28, Canadian Niagara Hotels
History of Water park and Pedestrian Walkways
RECOMMENDATION:
It is recommended that Council receive this report for information purposes.
BACKGROUND:
At the March 6, 2006 Council Meeting, City Council held a Public Meeting to consider Zoning
Amendment Application AM -03/2006 to change the zoning provisions for a pedestrian walkway
between the Skyline Inn and the waterpark on the lands of Canadian Niagara Hotels, et ai, and to
add additional provisions for the waterpark structure. At the close of the Public Meeting, City
Council deferred its decision pending additional information from staff (see Building & By-law
Services Report BBS-2006-02). Since that time, additional information has been requested by
Alderman Carolynn Ioannoni. This report responds to specific questions raised by the Alderman.
Overview:
In overview, the history of a waterpark use on the Canadian Niagara Hotel site goes back to 2003
when City Council approved a zoning application for increased height to permit an indoor
waterpark on top the conference facility behind the Sheraton-on-the-Falls Hotel. In May 2005, the
owner obtained Council approval of a zoning amendment application (AM-OS/200S) to allow an
increased height of the parking garage to allow the waterpark to be erected on top of that structure.
That application also provided for overhead pedestrian walkway connections between the planned
waterpark and the Sheraton Hotel, the Brock Hotel and the Skyline Inn. Construction of the
waterpark began in 2005. Early in 2006, the owner submitted the current application (AM-
03/2006) to amend the zoning provisions for the elevated pedestrian walkway between the Skyline
Inn and the waterpark to be higher than the 2005 by-law allowed and in a more northerly location.
The rezoning application also provides for some by-law modifications to allow for snow shields
to be erected around the perimeter waterpark and parking garage.
Working Together to Serve Our Community
Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development
----~---~_._.._-....,.-y-- -----
March 20, 2006 -2- PD-2006-28
Questions:
1) Was a building permit issued for the parking garage in 1996, since even the Casino
must abide by the building code, and when was it issued if it was?
This question has been answered in report BBS-2006-02.
2) Why is there no site plan agreement signed and registered for the parking garage?
The parking garage was constructed to provide parking for the interim casino and to
provide parking for the facilities associated with Canadian Niagara Hotels which was
displaced by the parking structure. The City pursued a Site Plan Agreement submitting the
final version dated November 29, 1996, however, the representatives claimed "Crown
Immunity" stating that the Province of Ontario was not bound by the requirements of the
local municipality. The Province and its agents did abide by the safety and servicing
standards which normally would be part of a Site Plan Agreement.
3) Was site plan approval obtained for the waterpark? Was there one even prepared
or signed and if not, why?
A Site Plan Agreement was not obtained for the waterpark for the following reasons.
. The Planning Act requires that "development" must substantially increase the
usability and size of a building or structure. The waterpark is an ancillary hotel
amenity to be used by the hotel guests. The construction of this ancillary use would
not have increased the usability of the site and would not generate anymore traffic
or a need for additional parking.
. The waterpark is erected on top of the parking garage. Given that there is no
increase to the size of the building footprint, there would be nothing gained by
requiring site plan approval.
. Section 41 of the Planning Act lists matters which can be regulated through Site
Plan Control. Erection of the waterpark on top of the parking garage did not affect
matters typically covered under site planning; for instance, landscaping, parking,
access ramps and stormwater management were not being impacted. Road
widenings were not required. Loading and waste facilities are located behind the
Brock Plaza and there were no changes to these. The pillars supporting the
walkway did not affect the functions of the site. A large on-site sanitary pipe
required to accommodate the waterpark was handled through a sewer permit.
. The site plan agreement for the new Rainbow Tower Hotel (AM-03/2005) will be
tied to the parking garage as the required parking for the planned hotel is to be
provided in the parking structure. Ultimately, the parking garage will be
recognized as part of a comprehensive site plan agreement.
March 20, 2006 -3. PD-2006-28
4) When the zoning by-law for the waterpark was obtained, was section 37 considered
to be applicable? Why/why not?
Section 37 Agreements are used by the City to secure streetscape improvements for
buildings erected greater than 4 storeys and up to 30 storeys in height. It was recognized
that the parking garage already exceeded 4 storeys and that certain streetscape
improvements along Falls Avenue had been made by the owner. Further, the City was
processing the rezoning application for the waterpark at the same time as the application
for the 59-storey Rainbow Tower Hotel. A Section 37 Agreement has been drafted for the
Rainbow Tower which contains clauses to address the streetscape contribution, in
accordance with the Streetscape Master Plan, for the entirety ofF ails A venue from Bender
Street to Clifton Hill. The contribution will be obtained through said agreement which is
currently being reviewed by the owner's solicitor.
5) Who served on the APR panel for the waterpark zoning application approval? Could
you please provide me a copy of that report? Did it follow IBI's 7 principles and did
it address section 37?
The Official Plan policies require that a report be obtained from the Architectural Peer
Review Panel for any building over 10 storeys. Technically, the parking garage and
waterpark have less than 10 storeys in total. However, to safeguard the design control
interests ofthe City, staff requested that the owner submit an Architectural Peer Review
Report. The report was prepared by Trevor Garwood-Jones with Jamie Douglas (City
Landscape Architect) sitting on the panel. The seven (7) principles of the Tourism Policy
Review - Implementation Handbook were covered by the comments contained in the APR
report.
CONCLUSION:
This information is provided at the request of the Alderman. The information is provided in the
form of a report as a courtesy to all members of Council. It is hoped that this background
information will allow City Council sufficient information to complete the processing of the
zoning amendment application subject of AM-03!2006.
Prepared by: APProvU
A~~~~
~om, (?~
Alex Herlovitch
Deputy Director of Planning & Development Executive Director of Corporate Services
Recommended by: ~'fu~~;:1i1
~n--
Doug Darbyson IJohn MacDonald
Director of Planning & Development Chief Administrative Officer
AH:tc
S:\PDR\2006\PD2006-28, CNH, History of Waterpark and Ped Walkways.wpd
I.
Community Services Department BOO-2006-04
Business Development Serge Felicetti
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.niagarafalls.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: sfellcetti@niagarafalls.ca
March 20, 2006
Alderman Selina Volpatti
& Members of Community Services
City of Niagara Falls, Ontario
Members:
Re: BDD-2006-04
Ministry of Tourism and Canadian Tourism Commission
Sponsorship Funding
LIVE with Regis and Kelly Production
RECOMMENDATION:
I. That Council authorize staff to prepare the appropriate by-law to enter into an agreement with
the Ministry of Tourism to receive sponsorship funding in the amount of$125,000 towards the
production of the LIVE with Regis and Kelly Show.
2. That Council authorize staff to prepare the appropriate by-law to enter into an Agreement with
the Canadian Tourism Commission (CTC) to receive sponsorship funding in the amount of
$100,000 for the production of the Live with Regis and Kelly Show.
BACKGROUND:
Staff has secured the financial support of the Ministry of Tourism (MTR) and the Canadian Tourism
Commission (CTC) towards the production of the LIVE with Regis and Kelly remote broadcast
taking place in Niagara Falls this May. The MTR and CTC join the City, Niagara Parks
Commission, and the Niagara Fallsview Casino Resort in providing the core funds for this event.
The Province will be providing $125,000 towards the event with the CTC providing $100,000 and
Both MTR and CTC have requested the City enter into Grant Agreements that identifY the funds
will be specifically used toward the production of the LIVE show in Niagara Falls. The remote will
be broadcast across the United States on Monday, May 22, 2006 and Tuesday, May 23,2006 from
Oakes Garden Theatre. It is estimated the media exposure the destination will receive, along with
the substantial advertising and promotional support, will be in excess of$3 to $4 million in the U.S.
marketplace.
Working Together to Serve Our Community
Municipal Works' Fire Services' Parks, Recreation & Culture' Business Development. Building & By-Law Services
--_._~._--- .-.....-- ---"_.-
March 20, 2006 - 2- BOO-2006-04
The cost to produce the event in Niagara Falls, from May 17 to May 23, 2006, is approximately
$650,000. Along with MTR and CTC, financial support and contributions from the other partners
are as follows:
City of Niagara Falls $150,000 (OPG Funds)
Niagara Parks Commission $100,000 plus up to $ 50,000 services in-kind
Niagara Fallsview Casino Resort $75,000 plus $75,000 services in-kind
Canadian Niagara Hotels Services in-kind
Other Tourism Stakeholders Services in-kind
CONCLUSION:
Staff respectfully request Council's concurrence of the recommendations.
and Recommended by: Respectfully s~
fnM
Serge Felicetti 000 MacDonald
Director of Business Development Chief Administrative Officer
SF:lb
S:\Council Reports\2006 Reports\BDD-2006-04 - MTR Sponsorship.wpd