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2001/01/15REGULAR MEETING January 15, 2001 PRAYER: Alderman Shidey Fisher ADOPTION OF MINUTES: Regular Meeting of January 8, 2001. DISCLOSURES OF PECUNIARY INTEREST' Disclosures of pecuniary interest and a bdef explanation thereof will be made for the current Council Meeting at this time. MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Victoria/Centre B. LA. - Re: Board of Management - requesting that Council confirm the appointments to the Victoria/Centre B.I.A. Board of Management. RECOMMENDATION: That Council confirm the appointments' to the Victoria~Centre B.I.A. Board of Management. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. -2- REPORTS CORPORA TE SERVICES MA TTERS Chief Administrative Officer Chief Administrative Officer HUMAN RESOURCES MA TTERS 1. Chief Administrative Officer F-2001-02, Municipal Accounts. F-2001-03, Approval of Spending Limits Prior to the Approval of the 2001 Budget Estimates. HR-2001-01, City Employees' Social Night. PLANNING MATTERS Chief Administrative Officer PD-2001-01, Application for Site Plan Approval; SPC-44/2000, 3770 Montrose Road; Mount Carmel Centre, Phase Four. ITEM NO, 2001-01 Public Meeting Street Name Change Request Buchanan Avenue (south of Ferry Street) and Oakes Ddve; Proposal - Fallsview Boulevard COMMUNITY SERVICES Background Material: Recommendation Report: PD-2OOf. - AND - Correspondence from The Lundy's Lane Historical Society. MATTERS 1. Chief Administrative Officer BBS-2001-01, 7500 Lundy's Lane, Canada One Mall. Chief Administrative Officer MW-2001-07, Russell ,Street at St. George Avenue; Traffic Operations Review. -3- 3. Chief Administrative Officer Director of Municipal Works Chief Administrative Officer MISCELLANEOUS MA TTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer MW-2001-08, Conveyance of One Foot Reserve, Spring Blossom Drive. Verbal Report on Winter Maintenance. CS-2001-02, Community Centre, Ontario SuperBuild Project. L-2001-02, Part of the Road Allowance between Stamford Township Lot 74 B.F. and Lot 75 Designated as part 2 on reference Plan No. 59R- 11249. L-2001-07, Establishment of Road Widening as a Public Highway, Willoughby Drive. L-2001-08, Release of Easement over Part of Block 18, Plan 5gM-273, Costabile Drive. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-08 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: AM-30/O0, Chatters) 2001.09 To amend By-law No. 80-114, as amended, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2001-10 To authorize a release and abandonment of a storm water easement over part of Block 18 on registered Plan No. 59M-273 desiganted as part 3 on Reference Plan No. 59R-10953 as set out in Instrument No. L.T. 15022 (Re: L-2001-08) 2001-11 2001-12 2001.13 200~-14 2001-15 200~-16 200~-17 2001-18 -4- To declare surplus a one foot reserve described as Block 255 on registered Plan No. 59M-229 and to waive notice to the public of the said Block being declared surplus and of the proposed conveyance of the said Block 800460 Ontario Limited, for nominal consideration (Re: MW-2001-08) To authorize the transfer of a one foot reserve, described as Block 255 on registered Plan No. 59M-229 in the City of Niagara Falls, in the Regional Municipality of Niagara, to 800460 Ontario Limited for nominal consideration. (Re: MW-2001-08) To establish Part 3 on Reference Plan No. 59R-11253, as a public highway, to be known as and to form part of Willoughby Drive. (Re: Report L-2001-07) To authorize the conveyance of the closed portion of the road allowance between Township Lot No. 74 Broken Front and Lot No. 75 in the former Township of Stamford now in the City of Niagara Falls, in the Regional Municipality of Niagara designated as Part 2 on Reference Plan No. 59R-11249 to Niagara Glen-View Tent & Trailer Park Limited for the appraised value of $165,000.00. (Re: Report L- 2001-02) To amend By-law No. 79-200, as amended. (Re.' A M-27/2000, Niagara Worship Centre) To authorize the execution of a Subdivision Agreement with 262504 Cosmetics Limited, Alfredo Costabile and Eric Henry respecting the Parkwood Estates Subdivision. To change the name of that portion of Buchanan Avenue, from the southerly limit of Ferry Street to the most southerly limit of Buchanan Avenue to the name Fallsview Boulevard. To authorize monies for General Purposes (January 15, 2001) NEW BUSINESS F LLS C; EF.'.KS '01 0i09 Victoria/Centre B.I.A. P.O. Box 841 Niagara Falls, Ontario I_~E 6V6 (905) 371-8646 December 21, 2000 Woody Wagg City Clerk's Department 4310 Queen Street Niagara Falls, ON L2E 6X5 Canada Re: Victoria/Centre B.I.A. 2001 Board of Management. Dear Mr. Wagg, Please be advised that the Victoria/Centre BIA Board of Management for 2001 are as follows: CHAIRMAN 1 ~ VICE-CHAIRMAN 2nd VICE-CHAIRMAN TREASURER SECRETARY PARKING & TRAFFIC - Vince Kerrio, Days Inn/Montana's Restaurant Phone No. # (905) 358-4686 - Vince Ferro, Filling Station Restaurant Phone No. # (905) 371-8646 - Frank LaPenna, Nightmares Attraction Phone No. # (905) 357-3327 - Jim Roberto, Casa D'oro Restaurant Phone No. # (905) 3S6-S646 - Matt Costanza, Hampton Inn Hotel Phone No. # (905) 357-1626 - Carmen Mennachella, Howard Johnson Hotel Phone No. # (905) 353-4028 Co-chair, Victoria Centre B.I.A. The Oily of Niagara FallsI Canada 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: (905) 356-7521 Fax: (905) 356-2016 E-maih kbu rden@city.niagarafalls.on.ca F-2001-02 Ken Burden Director January 15, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-02 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $1,016,977.67 for the period ending January 15, 2001. 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 Respectfully submitted: ~' ~is~a~inist r ativ ~ Approved by: T. Ravenda Executive Director of Corporate Services KEB:jd Working Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems Legal · Planning & Development 1'he City of 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: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city,niagarafalls.on.ca F-2001-03 Ken Burden Director January 15, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-03 - Approval of Spending Limits Prior to the Approval of the 2001 Budget Estimates RECOMMENDATION: That, in the absence of an adopted 2001 Current Budget, City Council approve the following: City departments be allowed to incur costs to a level of 30% of the departmental expenditure budget of the prior year. New capital items deemed essential by a department be approved by City Council prior to purchase. That this policy be communicated to all Commissions, Boards and Agencies, and that City contributions not exceed a monthly pro rata share of the prior year's support. BACKGROUND: The Current Budget review schedule provides for consideration of the 2001 budget in February 2001. Expenditure against accounts without budget appropriations should not take place without levels of expenditures being approved by Council. The City, however, is an ongoing entity and must, of necessity, incur costs. To allow for these eventualities, the Municipal Act RSO, 1990 (Section 156) authorizes Council to provide an interim levy before the adoption of the estimates for the year. Given the financial constraints imposed by the Province and the uncertainty' about further reductions in 2001, it is suggested that a lower level of interim spending approval be granted. Since consideration of the 2001 budget i~ anticipated in February, most departmemts, boards and agencies should be able to operate with an interim spending approval of approxhnately 30% of the 2000 budget. If Council approval of the budget is not achieved by the end of February, a further report with an amended interim spending authority will be submitted. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal · Planning & Development January 15, 2001 - 2 - F-200~-03 The purchase of items designated as new capital are to be excluded fi'om the above proposal inasmuch as their purchase should specifically be approved by the respective Committee, Board or Agency. Such purchases prior to the adoption of the annual estimates will also require the approval of City Council. Recommended by: K.E. Burden Director of Finance Respectfully submitted: C~S~'nistrative Of~ Approved by: T. Ravenda Executive Director of Corporate Services The Cily of Niagara Falls Corporate Services Department Human Resources 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-5110 E-mail: travenda@city.niagarafalls.on,ca Tony Ravenda Executive Director HR 2001-01 January 15, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: HR 2001 - 01; City Employees' Social Night RECOMMENDATION: That Council authorize an expenditure of $2,500 towards the operating costs of the City Employees' Social Night. BACKGROUND: Members of Council will recall that for the past few years our employees social evening has been of a less formal nature held at the Stamford Lions Hall and has met with favourable comments and an increase in attendance. Our Volunteer Committee is once again organizing the City Employees' Social Night at the Stamford Lions Hall on February 23rd, 2001. Invited as our guests ofhonour are City Employees who have retired during 2000 as well as active employees who reach the 25 year, 30 year and 35 year service level. To date, during the year 2000, a total of 37 guests will be invited. To help defray the costs of this worthwhile event, the Committee is requesting that Council authorize an expenditure of $2,500 which has been provided for in the Budget. As in the past, all current employees of the City, Members of Council and past retirees may purchase tickets for the event. We hope to see you at the Stamford Lions Hall on February 23rd. Executive Assistant to the Mayor 15trstfully submitted, __ · ' ' tive Officer Recommended by, Tony Ravenda Executive Director of Corporate Services ~Vorking Together to Serve Our Community Finance Human Resources Information Systems The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1025 Niagara Falls, ON L2E 6X5 web site: www.city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalis.on.ca January 15, 2001 Doug Darbyson Director PD-2001-01 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-01, Application for Site Plan Approval SPC-44/2000, 3770 Montrose Road Mount Carmel Centre, Phase Four RECOMMENDATION: It is recommended that Council approve: 1) the site plan for phase four of the Mount Carmel Centre development; and an amendment to by-law 80-114 to include the fire route as a municipality designated fire route under the said by-law. BACKGROUND: An application for site plan approval has been received for 3770 Montrose Re ad, Mount Carmel Centre. The applicant, River Realty Development (1976) Inc., is proposing the fourth phase of the Mount Carmel Centre development. This phase will provide approximately 85,400 sq. ft. of gross floor areawith about 41,000 sq. fi. being dedicated to a stand-alone grocery store. This will bring the total gross floor area of Mount Carmel Centre to 165,473 sq. ft. The proposal is in compliance with the zoning of the subject lands. A traffic impact study, required by Regional Niagara, has recommended certain road improvements to Montrose Road that include: a signalized intersection be provided at the main plaza entrance and Southwood Drive; and the southbound approach of Montrose Road, at the intersection of Thorold Stone Road, will be reconfigured to provide for two left turn lanes and a combined straight through (southbound) and right turn lane. The road improvements will be done on a cost-sharing arrangement between River Realty and the Region and will be constructed during the winter of 2001/2002. Working Together to Serve Our Community Clerk's · Finance * Human Resources · Information Systems · Legal . Planning & Development January 15, 2001 - 2 - PD-2001-01 In order to guarantee the access of emergency vehicles to the site, the fire access mute is recommended to be included under By-law 80-114. The site plan drawings have been satisfactorily reviewed by the Site Plan Technical Committee, Regional Public Works and the Ministry of Transportation arid, as such, approval is recommended. ~ Respectfully s~lbmitte.~d~N~ -T°-hno/BamsleYPlanner 2 ~Ad~irgative Office~/ Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:ko S:~PDRk200 I~PD2001-01 .wpd [ [ ' ill' i: L ~ ' '.. il lllI : ~ I [ o ~~-[~~~~~22~ 1/ Ii~ ~ ;'~ e~ ~, ~ ~liN~ ~ ~ ~ ~ ~lli '. ' :t'li II <~ 'au[ l~@:l~L~gJ¥ eJJessep[B8 '¥ ~e paYlOid ;00~ OV :~' :~ J~O uep nqI §~P' [O-LEO0\/_£O0\ :lg The City of Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-02 January 15, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-02, Public Meeting Street Name Change Request Buchanan Avenue (South of Ferry Street) & Oakes Drive Proposal - "Fallsview Boulevard" RECOMMENDATION: It is recommended that Council consider this report and comments received at tonight's public meeting and determine if they wish to change the street names to "Fallsview Boulevard". BACKGROUND: The Fallsview Business Improvement Area (BIA) has requested that Buchanan Avenue (south of Ferry Stree0 and Oakes Drive be renamed "Fallsview Boulevard". These roadways are shown on the attached location map. The BIA is developing a new marketing plan and feels that the proposed street name change would help in creating an identity for their tourist district in combination with other initiatives such as streetscaping improvements. Council considered report PD-2000-132 on November 20, 2000 and directed staffto initiate the public notification process for changing a street name. As prescribed under the Municipal Act, the required notice was placed in the local newspaper once a week for 4 consecutive weeks (December 23 & 30, 2000 and January 6 & 13, 2001). In addition, staff mailed the notice to assessed property owners on Buchanan Avenue and Oakes Drive. All letters received to date on the proposed change are included in the agenda. REVIEW: The properties on these streets are designated Tourist Commercial in the City's Official Plan and zoned TC (Tourist Commercial) through Zoning By-law 79-200. Along this major north-south route within the tourist core there are hotels, restaurants and the future permanent casino site. Several residential dwellings also exist on Buchanan Avenue north of Robinson Street. There are over 40 properties directly located on the subject roadways. The Fallsview BIA does not represent all of these properties as the section of Buchanan Avenue between Ferry Street and Robinson Street is not within the BIA boundary. Businesses to the east and west of the streets may also be affected with respect to promotion materials such as maps. Property owners have identified Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems , Legal Planning & Development January 15, 2001 - 2 - PD-2001-02 costs to change their address (e.g. advertising, menus, stationary, personal documents) and the potential of referred customers not being able to find their business on a renamed street. The suggestion has been made that if the name is changed, the new street signs could also state the former street name. The names Buchanan and Oakes have historical significance in the community as noted in the attached letter from the City's Official Historian, Mr. Sherman Zavitz. The Buchanan street name would be maintained on the roadway section north of Ferry Street, however, Oakes Drive would be eliminated through this proposal. The Fallsview Boulevard street name proposal is derived from the Tourist Area Development Strategy which advanced the "Grand Boulevard" concept. The "Grand Boulevard" was intended to integrate the Clifton Hill and Fallsview Tourist Districts by creating an interconnecting street system or main street for the central tourist core, Based on comments received to date, neither the Clifton Hill or Fallsview BIA's have expressed any concerns with respect to a common street name for the "Grand Boulevard" as contemplated by the Tourist Area Development Strategy. There are no concerns with the proposed street name from an emergency response and municipal address numbering perspective. CONCLUSION: There appears to be two main issues regarding the requested street namLe change to "Fallsview Boulevard" - the impact on property owners not represented by the BIA and the historical and geographic significance of the Buchanan and Oakes names. Based on this information and any additional comments at tonight's public meeting, Council should determine if the name change is desirable. Pr.epared by: Richard Wilson Planner 2 Recommended by: Doug Darby§on Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd Attach. R~5~ct fully submitB~'~k, Chief Administrative Office~ FILE: S:~PDR~200 I'xPD2001-02.wpd Street Name Change Request Buchanan Avenue (South of Ferry Stree0 & Oakes D.ve Location Map Subject Roadways 1 :NTS rii:q]5, F¢iLL':.; O_E~:K'..-'; ':')[! 1,")2'~' L3:;}~ Fallsview BIA 5400 Robinson Street 2'd Floor Niagara Falls, Ontario L2G 2A6 October 27, 2000 Mr E.C. Wagg City Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wagg: In June 1998, the City of Niagara Falls adopted their Tourist Area Development Strategy. This report identified a vision, developed the framework through which to guide flature growth and, became a catalyst document that enables the City to be one of the most significant tourist destinations in the world. Policies were established and adopted by City Council as they related to the various opportunities identified in the report. The support of the Fallsview BIA (Business Improvement Area) was evident at that time and continues with the commissioning of our '~Fallsview Business Improvement Area Landscape Enhaneement Report" in Febo,aW, 1999. The opportunity to work with the City of Niagara Falls creates excitement and momentum for our membership. I am referring to the Streetscape Master Plan as being developed by The MBTW Group. As an integral component and partner in the development of the Niagara Falls Tourist District, the Fallsview BIA believes that it is most important for us to show our support of City Council in concert with City Staff_ The Business Development Manager of our BIA and myself recently met with Mr..Doug Darbyson, Director of Planning and Development to discuss the Streetscape Master Plan and its implementation. As a result of that m,~ting, we are formally making the following request of City Council: That City Council approve, in principle, the change in street name of Buchanan Avenue, between Ferry Street and Main Street, to "Fallsview Boulevard" and, That City Council approve, in principle, the change in street name of Oakes Drive, between Main Street and Livingstone Street, to "Fallsview Boulevard" and, That City Staffbe directed to initiate the formal process and proceed with om; request immediately. Mr. E. C. Wagg -2- October 27, 2000 I would like to provide City Council with the reasons for our action at this time: The members of the Fallsview BIA, in partnership with each other, are presently developing a marketing plan under one umbrella to attract more tom/sts and increase the length of their stay in the City of Niagara Falls. We, the Fallsview BIA, need to create our own "Brand Identity". The change in street name to Fallsview Boulevard plays an integral role in this endeavour. Part of this brand identity is presemly occurring when considering the names of some of our properties include the name Fallsview (i.e. Best Western Fallsview, Fallsview pla?a Hotel, Hilton Fallsview, Marriott Fallsview, Renaissance Fallsview, Sheraton Fallsview Hotel and Conference Centre, etc.). Each member of the Fallsview BIA is presently developing their eyre individual marketing plans for next year in conjunction with the Fallsview BIAs. For this reason, it is most important that we receive City Council's approval at this time fbr them to be able to identify their location keeping in mind the "Brand Identity" we are trying to create. With the recent announCement of the permanent casino by HIS Worslfip Mayor Wayne Thompson and the Falls Management Corporation, we firmly believe that the street name change to Fallsview Boulevard will have a positive impact on our new partner in the Fallsview Tourism District. In conclusion, it is our position that our request is reasonable ai this time and deserves City Council's support and approval. I would request the opportunity to appear before City Council at their next regularly scheduled meeting to make a brief presentation regarding our letter prior to this item being addressed. I trust this meets with your approval and look forward to your response in this regard. Respectfully submitted, Tel. 905-356-1748 ORSINI INNS · ARCO RESTAURANTS ' RED WOOD HOSPITAUTY November 6, 2000 The City of Niagara Falls 4310 Queen street P.O. Box 1023 N~agara Falls, ON L2E 6XS Attn: Mayor Wayne Thomson D~a&' Hayol' Thua~on: I have received a copy of a letter dated October 27, dirQctQd to Mr. E.C. Wags frown the Fallgvlew BIA regarding the proposed "Fallsview Boulevard". As a Buchanan Avenue property owner within the identified area, we are in full support of the name change providing it extends to Ferry Street as proposed. As you are aware, we have been acquiring land for a large scale hotel development in that area. In the past ~onth, we have increased our land holdings and at the present time, we control seven lots with a Buchanan Avenue address botwocn Robinoon Str~ct and Ferry Street. Th~ ri=mo chango issue is of great importance to us and we believe it will positively enhance our marketing presentation. Your su port of the n~e change is encouraged. B~ t regards, ~ W~D HOSPrT~ITY INC. PZ ~i~nt RECEIVED NOV O7 ORS~NI 8ROS. IN~$ INC. 742"g tundy's I~ne N;~p~ ~.~llt, ~ L2H 1Gi9 (905J 356-6116 Fax {905} 356-7204 ARCO RESTAURAMTS 73~9 Lundy's La~e Nl~g-'~ r-~lbr~ ON L~H 2Wg (905) 356-5400 Fax (90~) 3~6-7204 ~ WOOO HOSPITALITY [NC. 73~g Lund¥'s L~c~a (9051 35~6119 Fax {905) 356-7204 7020 Woodington Road Niagara Falls, ON L2J 2C3 November 15, 2000 Mayor Wayne Thomson and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Thomson and Members of City Council, NOV OI:FICE 0 ~E This letter is in response to a request going before Council from the Failsview BIA to have that portion of Buchanan Avenue from Ferry Street to Main, as well as Oakes Drive, renamed Fallsview Boulevard. As official historian for the city, I feel it is my responsibility to remind Council about how each of these streets received its name. Both recall once prominenl citizens here. Buchanan Avenue was named for James Buchanan. The British Consul in New York for many years, he was very fond of Niagara Falls and in 1832, became one of the shareholders in a large real estate project at Falls View (it was originally spelled as two words) called the City of the Falls. Covering some 400 acres, the area was surveyed with streets and building lots established. Ahead of its time, the project collapsed in 1835. However, there are many reminders of the City of the Falls since the subdivision's streets were named after the principal investors. Allan(dale), Dunn, Murray, Clark and Dixon as well as Buchanan were all named this way. In addition, Stanley and Robinson Streets also received their names through the City of the Falls. E. G. Stanley was the head of the British Colonial Office during the 1830s, while James Robinson was the superintendent of the real estate development. Following his retirement, James Buchanan lived here. His home was on Main Street where St. Mary's Ukrainian Catholic Church is presently located. He is also considered the founder of what is now Main Street Baptist Church. Buchanan died in 1851, and is buried in Drummond Hill Cemetery. Oakes Drive was named for Harry (later Sir Harry) Oakes, the mining magnate who live~t in Niagara Falls from the mid-1920s until 1934. His home was Oak Hall. One of the most famous men in the country at the time, he was responsible for a number of philanthropic works here. Although I understand the Fallsview BIA's rationale in requesting the name change, I am, of course, always concerned when there is a possibility that some aspect of our city's rich past may be lost or "tampered with." Nevertheless, if Council decides to approve the name change, there will be some consolation in that (a) there will still be that portion of Buchanan Avenue between Fen~ and Kitchener Street, so the name will not be completely lost, and (b) Sir Harry Oakes is still recognized through Oakes Park and Oakes Garden Theatre, as well as Oak Hall. Respectfully, City of' Niagara Falls, Canada JRH e4 'Ol 17:5Y i-t~ LP~TER,MIX & IdE-L(i]q~l~5 ~S41 18~ TO ~4'75.~ P.OI/I~ Lancaster, Mix & Welch BARRISTERS & SOLICITORS January 4, 2001 Via facsimile to: 374-7500 (2 pages) City of Niagara Falls Legal Services 4310 Queen Street P. O. Box 1023 Niagara Falls, ON L2E 6X5 ~~INFO t Attention: Susan M. Daniels Dear Ms. Daniels: Re: Proposed Street Name Change of Buchanan Avenue to Fallsview Boulevard Your File No. 2000~311 Our File No, 5735-002 Please be advised that we are the solicitors for 752192 Ontario Limited and have been provided with a copy of your letter to our client dated December 19, 2000. This is to advise that our client is opposed to the proposed name change from Buchanan Avenue based upon two significant factors: Our client has owned his establishment known as "Japanese Restaurant Yukiguni" on Buchanan Avenue for approximately thirteen years. Most of his cliental are Japanese tourists who are commonly referred to his establishment by reference to the restaurant name and also to its address on Buchanan Avenue. Our client legitimately is concerned that these "out of town" customers will have difficulty locating his establishment when they visit the Niagara Falls area; and Jlodger A. Gordon, Q.C. ~ohn P.. WJbon, Q.C. MaI~ you ~, Q.C.* H. F_ ~o~ia~u, q.~ O~y L. Bilk W~ Sim: ~.lmw, mm L~CASTE~ MIX & WgLCH LLP ~Mail: Im~Imw.~m P.O- ~X 7~ $5 KING ST. ST. ~'rHARIN~, ONTA~O CANADA ~E 6ZI TEL, (~) ~l-15$1 FAX (~S) ~ '01 19:~8 FR LANCASTER,MI~ ~ WELCHg~5 641 182~ IU 374~0 P.O2x~2 If the name of the street is changed, this will inevitably result in printing costs to our client which include but are not limited to le.~terhead, menus, purchase orders, envelopes an'd stationary, brochures and telephone directory advertising. Having said all of this our client has further advised us that he will withdraw the aforementioned objection provided that any new street signs identifying Fallsview Avenue would also say "formerly Buchanan Avenue". We would be pleased if you would respond directly to the writer regarding our client's concerns. Yours very truly, ~nnLANCASTER' ~- MAM/dt cc. 752192 Ontario LimiTed TOTAL PRGE.02 ~o~ Organized A.D. 1887 ~:~G, F~LLS CL~KS'010111 anc i torical 5810 FERRY ~REET NIAGARA FALLS, ONTARIO L2G 1S9 January ll, 2001 Mr. Wayne Thomson, Mayor and Members of Council City of Niagara Falls Niagara Falls, Ontario Re: Proposed Name Change, Buchanan Avenue (South Ferry Street) and Oakes Drive to Fallsview Boulevard (File No. 2000-811) By unanimous resolution of the members present at the ~Dciety's Annual Meeting, held January 4, 2001, the Society wishes to register its opposition to the proposed renaming of a portion of Buc~k3nan Avenue and Oakes Drive to Fallsview Boulevard. The nam~ Buchanan Avenue ccm~orates a prc~ainent early resident of Niagara Falls, who was a major shareholder in the City of the Falls Cc~pany of 1833/34. This was a planned exclusive residential and resort develo~m~_nt enc~t~assing sc~e 400 acres,, taking in the lands between today's Stanley, Robinson and Dunn Streets, ~d including a portion of Queen Victoria Park. Their intention was to protect and preserve the natural beauty of the lands overlooking ~ld bordering the Falls. James Buchanan was British Consul in New York. He became a major investor and prc~oter of the plan, associating himself with Lieutenant- Governor John Murray (retired British Army), the Honourable William Allan (President of the Bank of Upper Canada), the Honourable Thomas Clarke, Thcmas Dixon (President of the Society of St. George), Samuel Street and James Robinson (resident agent for the ccmp~ly). The Street names in this area of the City c~L~morate the City Of the Falls project and its investors and prcmoters, and recogniZe their vision for preserving the beauty of the lands around the Falls. This was certainly the earliest such land preservation .and develo~ent scheme in the Province. The significance of this fact, and therefore, the importance of retaining all of the street names of those involved, in order to maintain historical integrity, must be recognized. The street name of Buchanan Avenue shoud not be replaced by another name, but kept within the precincts of the lands that enccmpassed the City of the Falls proposition. The City of .mo o =o,s lie Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca BBS-2001-01 Mci Brown, Chief Building Official January 15, 2001 Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: BBS-2001-01 7500 Lundy's Lane - Canada One M,'dl RECOMMENDATION: That Council approve the application for a wall sign, having an area of two-hundred and ninety-nine (299) square feet for the Canada One Mall at 7500 Lundy's Lane. BACKGROUND: An application for a wall sign was received for the above noted address. The sign by-law permits a wall sign to have a maximum area of one-hundred and fifty (150) square feet, however, if the wall of the building on which the sign is to be placed exceeds one-thousand two-hundred (1,200) square feet, the sign area may exceed the one-hundred and fifty (150) square feet, if approved by Council. The applicant requests awall sign on the south elevation of the plaza. This is the second phase of this mall, and the proposed sign will balance the existing sign on the north side of the plaza. The signs will be in balance with the area of the walls and if approved, should not be offensive to the surrounding area. A diagram; illUstrating the sign requested is attached for Council's review. Wheeler yManager of By-law Enforcement mmended by: Mel Brown Director proved by: ///John MacDonald {~/ Executive Director of Community Services Respectfully Submitted: Edward Chief Administrative Officer. Attach. WorMng Together to Serve Our Community Municipal Works. Fire Services * Parks, Recreation & Culture · Business Development. Building & By-law Services 13'- 0 1/2" BOX $~ Z 0 The City of ~l~i~ Niagara Fall8 lJl Community Services Department Municipal Works - Traffic & Parking 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) 353-0651 E-mail: kdren~city.niagarafalis.on,ca Ed Dujlovic, P. Eng. Director of Municipal Works MW-2001-07 File G-180-3 January 15, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-07 Russell Street at St. George Avenue Traffic Operations Review RECOMMENDATION: It is recommended that this report be received for the information of Council. BACKGROUND: An all-way stop control was installed at the intersection of Russell Street and St. George Avenue in September 1999. The technical studies that were conducted indicated that an all-way stop control is warranted. Furtheimore, 19 of the 23 homeowners (81%) were in favour of an all- way stop control. The initial request for an all-way stop at this intersection stemmed from concerns related to motorists travelling in excess of the 50km/h speed limit on Russell Street. Recently, Council directed staff to carry out studies at the above-mentioned location to determine the impact the stop signs have had on vehicle speeds. Prior to the installation of the stop signs on Russell Street, results of radar studies indicated that the 85~ percentile speed (85% of the motorists are travelling at or below this speed) was 59 km/h on Russell Street, in the vicinity of St. George Avenue. Radar studies ctm'ied out approximately 100 metres west of St. George Avenue in late October 2000, revealed the 85z percentile speed of 56 km/h, which indicates that the installation of an all way stop control has only minor affects on the speed of vehicles. St. George Avenue is a primary north-south roadway in the subdivision that provides a direct route for children to their respective schools. Observations revealed that approximately 25 children and teenagers crossed Russell Street at this intersection in the afternoon. School boundaries indicate that children who live near or on Russell Street walk to one of the three elementary schools, Martha Cullimore, Prince Philip, Mary Ward Elementary Schools and A.N. Myer Secondary School. Field observations indicate that sidewalks are present on both sides of Russell Street and St. George Avenue in the study area. Furthermore, there is a sidewalk on at least one side of each Janum'~ 15, 2001 -2- MW-2001-07 roadway in the subdivision for children to walk to/from school. Visibility for pedestrians and motorists at the study intersection is adequate. Visibility of the stop signs for motorists approaching the intersection in all directions is also adequate. Prior to the installation of the all-way stop control, two collisions occurred within a three-year period at the intersection. Although two collisions do not constitute a collision problem, the collisions were of the type correctable through the installation of the all-way stop controls. Since the installation of the all-way stop controls on Russell Street, no collisions have been reported at this intersection. Finally, the installation of this particular all way stop control is warranted ~md has been installed to control vehicular and pedestrian movements at the intersection. As shown by the before and after study results, the use of an all way stop control as a speed control de¥ice is not effective. The Committee's concurrence with the recommendation outlined in this re. port would be appreciated. Prepared by: Karl Dren, C.E.T., Manager of Traffic & Parking Services Reco~ended~by~ Director of Municipal Works Respectfully Submitted by: Edward P. Lustig,/ 0 Chief Administrative Officer Approved by: ,/ J. Grubich S:\TRAFFICXREPORTSk2001k2001 Community ScrvieesXMW2001-07.wpd WALLACE STAMFORD DIL ~- LEGEND: stop si~ Traffic Signal NORTH ¸ST. Nm~ Fmm~ Parkette INTERSECTION] A.N. Myers Secovd~ry School ttuOOllq$ S All-Way Stop MUNICIPAl, WORKS TRAFFIC & PARKING SERVICES Russell Street ~ St. George Avenue Traffic Operations Review Jammry 15, 2001 John Grubich The City of ~l~l~ Niogoro Foils II1~ C°n U i. JI Community Services Department Municipal Works 4310 Oueen Street P,O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city, niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001-08 File: 8-95-288 January 15, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2001-08 - Conveyance of One Foot Reserve Spring Blossom Drive RECOMMENDATION: It is recommended that Council authorize the transfer of Block 255 Plan 59M-229 to 800460 Ontario Limited who is the owner of the adjacent lands. BACKGROUND: This block is a one foot strip of land that was transferred by the developer to the City at the time of registration of the Orchard Grove Estates Plan of Subdivision in August 1996. This reserve was intended to control the development of the lands adjacent to the reserve. The City is now in receipt of application from the adjacent lands. It is now necessary to transfer the ownership of the strip of land back to the developer so that it can be included in the development of the future lots. The Committee's concurrence with the recommendation outlined in this report would be appreciated. P/~ared by:n Development d ~ nage Technician ~Ed lJujlovic, ][.Eng. Director of Municipal Works ~ed by: acDonald ve Director of Community Services Respectfully submitted by: Edward P. Lustig Chief Administrative: Officer KEY PLAN t SPRING BLOSSOM D IV~'~''- ' (~ ~ I P~ ~ / / CI~ OF NIAGARA FALLS SP~ING DLOSSO~ DRIVE / ~ ~ P~N 59M-229 ~ ~o~,.~,,,. ~ . PART OF STAMFORD TOWNSHIP LOT 133 · LOT 1 · 2, PLAN 132 ~ ~ ~; ~ t. ~' Cl~ OF NIAGARA FALLS REGIONAL MUNI~PALI~ OF NIAGARA OOO~ 61, :L~ :gI ~'~ 3aa nqj. 6~p'3aqg£~gE\sqa(\:9 Niagoro Foil, Community Services Department 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) 357-9293 E-mail: jmacdona@city.niagarafalls.on.ca CS-2001-02 John MacDonald Executive Director January 15, 2001 His Worship Mayor Thomson Members of the Municipal Council City of Niagara Falls, Ontario Members: re: CS-2001-02 - Community Centre - Ontario SuperBuild Project Recommendation: That Council approve the attached resolution indicating: a) Council has assessed its capital priorities against the Sports, Culture, and Tourism Partnership and intends to submit a letter of intent for qualifying the Community Centre for funding, b) Council considers the Community Centre project to be its highest ,,;port, recreational, cultural or tourism infrastructure priority for the Municipality, and c) the Municipality is compliant or in the process of gaining complim~ce with the new Ministry of Environment Drinking Water Protection Regulation, Ontario Regulation 459/00. (See attached memo, dated January 5, 2001, regarding compliance.) Background: The Provincial Government has recently announced that it will allocate $300 million over the next five (5) years to assist with Sport, Cultural and Tourism initiatives. This is one of the initiatives of the Province's $20 billion SuperBuild program. Municipalities are invited to submit a letter of intent by February 2, 2001. This letter of intent must be approved before a detailed project application can be submitted. Municipalities may apply for one of two options: 1) Public Health & Safety Projects - bringing buildings into compliance with Building/Fire Codes - repair or replacement of deteriorating structures, roof repairs, etc. 2) New, Expansion and Renovation Projects Working Together to Serve Our Community Municipal Works. Fire Services · Parks, Recreation & Culture · Business Development * Building & By-Law Services January 15, 2001 - 2 - CS-2001-02 Only one (1) application may be submitted. Prior to an application being submitted, a municipality must pass a resolution, as outlined in the above recommendation. As Council is aware, the City has several community projects which are considered high priority including: Community Centre Girls Home for Soccer New Arena Lundy's Lane Battlefield Based on a review of the criteria which will be used to evaluate the project, staffis recommending that the Community Centre should be identified as the first priority, as it has the largest financial impact due to the estimated capital cost and includes sew:ral partners, which is a key criterion of the Program. Recommended by: MacDonald Executive Director of Community Services Attachments R~~w~it~lly submitted:...~ P. Lustig Chief Administrative Officer The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman January 8, 2001 Seconded by Alderman WHEREAS the Council of the Corporation of the City of Niagara Falls (the "Municipality") has received and considered the Government of Ontario SuperBuild Corporation Sports, Culture and Tourism Partnership ("SCTP") initiative Round 1 Application Guidebook (the "Guidebook"); AND WHEREAS Council has assessed its capital priorities against the SCTP initiative Round 1 application requirements as set out in the Guidebook and intends to submit a letter of intent for qualifying the "Community Centre" project (the "Project") for funding under Round 1 of the SCTP initiative; AND WHEREAS Council confirms that the Municipality is compliant or in the process of gaining compliance with the new Ministry of Environment Drinking Water Protection Regulation, Ontario Regulation 459/00 made August 9, 2000 ("DWPR"); AND WHEREAS Council considers the Project to be its highest sport, recreational, cultural or tourism infrastructure priority for the Municipality; AND -2- WHEREAS Council confirms that the Municipality does not have: any outstanding public health and safety issues or projects affecting its existing sport, recreational, cultural and tourism facilities; AND WHEREAS Council has made this resolution on the understanding that the recitals set out herein will be relied upon by the Ontario SuperBuild Corporation in considering the Project application for funding under Round 1 of the SCTP initiative; NOW THEREFORE the Council of the Corporation of the City of Niagara Falls hereby resolves that the Clerk is directed to submit a letter of intent to the Ontario SuperBuild Corporation respecting the qualification of the Project for funding under Round 1 of the SCTP initiative. AND the Seal of the Corporation be hereto affixed. E.C. WAGG WAYNE THOMSON CITY CLERK MAYOR Community Services Department Municipal Works Inter-Departmental Memorandum city of Niagara Fallslla To: From: John MacDonald Executive Director of Community Services Darrell E. Smith, P.Eng. Manager of Engineering Services Extension 4290 January 5, 2001 Subject: Compliance with the Drinking Water Protection Regulation COt, V4UNlI¥ SERVICES Further to our conversation, this memo is to confirm that the City of Niagara Falls is currently working with the Region to bring the water system into compliance with the Ontario Drinking Water Protection Regulation. This plan includes a combination of distribution improvements (watermain replacements) by the City and the construction of up to 3 chlorine booster stations by the Region. When this work is completed, we will have complied with all orders from the Ministry of the Environment and we will be in compliance with the regulation. As stated in our meeting, this non - compliance is a result in a change in the legislation. The old Drinking Water Guidelines suggested chlorine residual levels. If they were not met, the water distribution system was still in compliance. However, the new regulation has minimum chlorine residual values that must be met. If these values are not met then the syste:m is non - compliant. I trust this is adequate for your use, if you have any further questions, please call. DES/des Wor[~Jn0 Tooet{jer to Serve Our Communit~ The City of Niocucaro Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.clty.nlagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-02 January 15, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-02, Part of the Road Allowance Between Stamford Township Lot 74 B.F. and Lot 75 Designated as Part 2 on Reference Plan No. 59R-11249 Our File No.: 2000-241 RECOMMENDATION: That a conveyance of part of the road allowance designated as Part 2 on Reference Plan No. 59R-11249 to Niagara Glen-View Tent & Trailer Park Limited for $165,000.00, be authorized. BACKGROUND: On January 8, 2001, Council closed and declared surplus part of the road allowance between Stamford Township Lot No. 74 B.F. and 75 designated as Part 2 on Reference Plan No. 59R- 11249. At the same meeting, Council authorized notice to be given to the public of the proposed sale of the said land to Niagara Glen-View Tent & Trailer Park Limited, the abutting owner. Pursuant to the report, notice of the proposed sale was published in the Niagara Falls Review on January 13t~, 2001. Staff recommends that the land be conveyed for the appraised value of $165,000.00, incurred by the City to close and convey the road. The subject portion of the road allowance is shown as Part 2 on the plan attached. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. edby City Solicitor. Approved by:/ Tony Ravenda, Executive Director of Corporate Services. Respectfully Submitt~j~ Edward P. Lustig, ~ Chief Administrative Officer. }Forking Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development J I The City of Con ll Corporate Services Department 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)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2001-07 January 15, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-07, Establishment of Road Widening As a Public Highway - Willoughby Drive Our File No.: 2000-301 RECOMMENDATION: That the road widening, described as Part 3 on Reference Plan No. 59R-111253 be established as a public highway, to form part of Willoughby Drive. BACKGROUND: As a condition of Land Division Committee Consent, Thomas Roy Doucet and Julie-Anne Renee Doucet transferred a road widening to the City. The subject land is located on the east side of Willoughby Drive and is shown hatched on the plan attached. Staff is now recommending that the subject land be dedicated as a public highway to form part of Willoughby Drive. S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. .~Kalho~~by: City Solicitor. Approved by: Tony Ravenda, Executive Director of Corporate Services. Respectfully Submitt~k,,. ~w~rd p./fiff~ustig,~ ~ Chief Administrative Offlcer~ Working Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal · Planning & Development ,/" PART 2 © © PARTJ~ 1 PLan ~ 59r-2~5 co..o.,, K,ow., M a rs h a II ~,o,.E.L.,o,D,o,o, Roa The City of Niagara Fallst Canada Corporate Services Department 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)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kalllo City Solicitor L-2001-08 January 15, 2001 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2001-08, Release of Easement over Part of Block 18 Plan No. 59M-273 Costabile Drive Our File No.: 2001-06 RECOMMENDATION: That the easement for storm sewer drainage over part of Block 18 on registered Plan No. 59M-273 be released, at no cost to the City. BACKGROUND: The easement was initially transferred to the City to ensure maintenance of a temporary storm water outlet for Meadow Creek Phase 1 Plan of Subvdivision. The developer is now in a position to construct a permanent outlet for this service which is located in the proposed Parkwood Estates Plan of Subdivision, making the current easement redundant. The subdivider is requesting that the City release its easement over part of Block 18, shown in heavy outline on the draft Reference Plan attached. The new easement will be provided over part Block 18 in the location shown hatched on the Plan. It will be confirmed under the subdivision approval process. L-2001-08 - 2 - January 15, 2001 Staff has no objection to releasing the easement. S.M.. Daniels, A.M.C.T. Legal Assistant/Property Manager. .~1o,dby: City Solicitor. Approved by: Tony Ravenda, Executive Director of' Corporate Services. I~'orking Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems Legal Planning & Development PLAN / Block 62 1 Block 20 Plan Barrett ~ Detei 49 I J , q,- 59A, I~-207 ~ ( ~ Crescent Costabile Drive 19 All of Blocks 17 & 18, & Parr of Black 20 Plan 59M-27:~ CTTY OF I~AGARA FALLS ~atthe~s, Camero~ Ite .ywgqd' - Kerr), T. How, Surveying IAmi~,ed