Loading...
Additions to Council July 23/07 (2) ADDITIONS TO_COUNCIL, MONDAY, JULY 23, 2007 ORDER OF BUSINESS 1. Revised page #3 -adding Miscellaneous Planning matters, corres.pondencefnrm Broderick & Partners (already with the report) CORPORATE SERVICES 1. Request for Deputation from Ed Bielawski re: BMA Water. and Wastewater Rate Review Proposal COMMUNITY SERVICES 1. Correspondence from Jean Grandoni re: MW 2007-87, Kalar Road Pump Station 2. Correspondence re: R-2007-16, Water Molecule COUNCIL 1. Correspondence from Thomson, Rogers re: PD-2007-60, Grand Niagara Resort (Consent Agenda) 2. By-law 2007-147 Appointment of Acting City Clerk 3. By-law 2007-163 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (AM-19/2006 & AM-38/2004) -3- MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD-2007-59 -Matters Arising from the Municipal Heritage Committee -and- Correspondence from Broderick & Partners Correspondence from Sullivan Mahoney CLERK'S MATTERS 1. Chief Administrative Officer CD-2007-16 Application for Compliance Audit -and- Deputation by Bernadette Secco MAYOR'S REPORTS ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Scouts Canada -Request to raise the "100 Years of Scouting" flag above the City of Niagara Falls on August 1, 2007. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. Corporate Services ` Finance Division Inter-Department Memorandum Nlc`~g1Y'1~'6I~IS CA.NA DA TO: Councillor Victor Pietrangelo DATE: July 20, 2007 and Members of the Corporate Services Committee FROM: Ken Burden Acting Executive Director of Corporate Services RE: BMA Water and Wastewater Rate Review Proposal Mr. Ed Bielawski is requesting a deputation to speak at the Corporate Services Committee meefiing on Monday,. July 23, 2007 on the above mentioned proposal. Page 1 of 1 -Dean Iorfida - Re: jean grandoni's letter From: Dean Iorfida To: Janice Wing Date: 7/19/2007 9:43 AM Subject: Re: jean grandoni's letter Attachments.: 2007_05_17 - Municipal.pdf Hi Janice: Council first received Jean's letter as part of a Council Information a-mail dated May 17th (see attached excerpt from that Council Information pdf I did promise Jean that it would be included when the matter came to Council or Community Services. Unfortunately, Geoff did not attach the correspondence with his report. Nonetheless, when Jean- pointed this out, the packages had not gone out; so you will actually see that her correspondence is attached to the end of the Community Services agenda. I personally called Jean and apologized for the snafu but explained that the correspondence had been attached to the Community Services agenda. So it is there for Council's information, you just have to thumb to the very end of the agenda. Janice, if its okay with you, I may forward this a-mail to the rest of Council so they know the correspondence is there. Call me if you have any questions. Thanks Dean "Janice Wing" <janice_wing@cogeco.ca> 7/19/2007 9:26 AM Hi Dean, I have a phone mesage from Jean Grandoni, asking whether you had provided Council with copies of a letter from her to Geoff Holman regarding the Kalar Road Pump Station Service Area EA. She says that you had told her you would email copies to all of Council and put it on the agenda when the matter is coming to Council. I see the matter is on our Community Services agenda for this Monday, but I don't see the letter and I don't recall having seen anything fitting that description. Can you advise? Thanks. Janice file://C:\Documents and Settings\di202\Local Settings\Temp\XPgrpwise\469F3253Domai... 7/19/2007 Council Information *for period ended May 17, 2007* *Municipal* 1. Various Casino Related Correspondences incl. Case for 2 Casinos/ Symbiotic Relationship/ Casino Niagara 2. An Inconvenient Truth 3. Invite to Staniey Avenue Business Park BBQ, Friday, May 25`" @ noon, Dan Murie Street 4, Sudanese Community Open House, Sunday, May 20t", 6:30 p.m., St. Catharines 5. City of Toronto Proclamations and Councillor Spending 6. Jean Grandoni re: Kalar Road Pumping Station 7. Kwok Chu re: Leave to Appeal Denied 8. Alley Cats 9. Roads 10. Upcoming Re-zoning Applications 11. Recreation Committee Minutes Niagara~aIls cnnT~nn May 11, 2007 Ms. Jean Grandoni P.Q. Box 714 Station Main 4500 Queen Street Niagara Falls QN L2E 2LS Dear Ms. Gr don~~`ts:~ Re: Kolar Road Pump Station Sanitary Service Area .Basement Flooding Abatement Schedule B Class Environmental Assessment Tlaank you for your letter dated April 30`''. Rest assured, Niagara Falls City Council will receive a copy of your correspondence at the most appropriate time. In fact, the fallowing actions will be kaken regarding your letter: ? The correspondence will be part of a future Council Information e-mail.. Council members are e-mailed a variety of correspondence that are unrelated to current agenda items. I hope to have the next Council Information e-mail out in the next week or so. ' ? CH2M Hill, the consultants on the EA laave been given a copy of your correspondence and will respond directly to you. ? Mr. GeoffHolman, Director oflnfrastructure Services, informs me that the matterwill come to Council possiblyby late June. Your correspondence will be included as part ofthe agenda when the matter comes to Council for a decision. Clearly, it may be difficult to produce all public comments gathered from, or as a result of, all the Public Information Centres, nonetheless, since you have made a request, I will include your correspondence. To reiterate, Council will receive your correspondence electronically in the coming weeks. The correspondence will be reproduced when there is a Council decision to be made. Finally, the consultants will be responding to your concertos. Sincerely, Dean Iorfida City Clerk c. Geoff Holman, Director afTnfrastructure Services ` Corporate Services Department . Clerks lYorking Together to Serve Our Community ~ Ext A271 Fax 908-356-9483 dforFldaQnlagarafalls,ca . ~U.` , @ , e ! ~ ~ . • r i1/.~'i~ar s'iY"c.l.~~'t ~.rl.~~M1r~ ~~t}E [>t~~^`t~,~ ~~irj~ Jean Grandam 1?A. Box 7 i4 Statian Main X1500 Queen St. Niagara Falls, Ontario City of Niagara Falls April 30, 2007 Mr. Geoff Holman, C.E.T. Manager ofDevelopment 4G l 0 Queen St. Niagara Falls, Ontario Dear Mr. Holman: R€: I~.alar li;oad Pump Statian Sanitary Setvice Area Basensent Flooding Schedule B Class Environmental Assessment I am writing to express my concerns and position an the above matter resulting from comments made at the Public Information Centre of April and the Consultants Bulletin Which Contained Recommendations for Source Control and Conveyance Control. I stand opposed to reconstruction anal replacement of the sanitary sewer from Iieaverdams Rd. to Thorold Stone Rd. on Kolar Rd. for the .fallowing reasons. The main cause for the probl~sernent flooding has been recognized both by the Ci in earlier reports of Sept and Oct of 2005 and now at thg PIC Meeting `~<ith CH2MHi11 as being, the need to remove storm water-rwee.~ng the water-- from the sanitary sewer system. Mayor Salci admitted to this at the PIC Open House . To date the best recognized method to achieve this Source Control measure is by means of a Sump hump which would receive weeping the wader into a concrete hole and then Is~tm~it into the storm s€wer or onto file ground at a recommended distance from the house foundation. Some experts want to see it put into the storm sewer directly while others want to drain it onto the la+rm. When draining auto the lawn, the weeping file water ar roof water could sell end up in the weeping file again via the undergc~ound water table, due to the tendency of water to follow the path of least resistant€. Groundwater can enter the weeping file even in dry weather not just when it rains. Also when people water their lavrns and empty their swim pools, this can enter the weeping tile. _ Therefore vour Source Control measure of " Roofleader bisconnection " is not enough You roust still dig,_and DISCONNECT the weeding file from the saniti~ry sewer, You have not even mentioned Sum~ttnl~ig. as ~ Source Control_ Recomm€ndation although it is listed under alt€rnative solutions. Importance of Groundwater Wee i. Tile Water Under agricultural conditions this weeping file water was the rainfall that not only fed our streams bat fed the underground water table that fed both farm wells and also contributed to base flow of our fish spawning streams, --your food supply. Base flow is groundwater which seeps into our streams through the underground water table when it is not raining in form of direct seepage to the stream bed or via a spring . 7'a date attempts by urban government to manage rainwater so that maximum recharge of groundwater occurs has not been well done. You owe farmers and fish this weeping file water as a source of well water and stream supply. It must be retrieved, NOT WASTED by senduig it to the pollution plant via a sanitary sewer where it is tasting millions to needlessly treat. In this case it is also being divefted to a different watershed , after leaving the Pollution Contro[ Plant, thus adversely impacting base flaw to Shriners Creek., the natural flow direction and farm wells. To ahieve agricultural infiltration in an Urban seating ,and to avoid downstream flooding,it might be desirable to drain some of the water directly to the stream via the storm sewer and some onto the lawn. In either case, one must disconnect the system from the sanitary sewer. . I Argument That 'You Can't Install Sum,~s in Exiting Tdorn~s is invalid in the past, since 1988 Sump Fume 13y«Law, the City has successfully convinced existing homeowners with basement flooding east of Q:E. W, Highway to install sump pumps. There have bean some orze hundred sump pumps installed in Taro Pump Station Sanitary Sewer Area and forty in the Rolling Acres Area long after these subdivisions were built in the late 1954's. Meeting with and educating the homeowners, achieved this. Sump Pum Costs Consultant CH2Arlli.ill----- $6000 per house but when questioned on this figure they admitted this to be Toronto costs not local City report M W 2005-118, Oct 17105 $2000 per house a local estimate Outside Installation Costs not provided One homeowner quoted a figure per house somewhere between these two costs depending on the degree to which the basement was "finished". Some 1600 homes according to Report MW 2045-]l8 , ©ct 17/05 need sumps, resulting in a "capi.tal expenditure of $3.2 million while providing development capacity within the system, reducing basement flooding and deferring capital expansion costs", Outside installation costs ware not given and should be in order to fairly compare and might be more easily accepted by the homeowner. The proposed enlarged pipe is estimated to cost $5.8 million., and still leaves us with the cost of Treating storm water at the Pollution Plant. Reduced. Costs pf Treating Storm WaY~r and Groundwater at Pollution Plant The cost, according to City report IYiVJ -2005••118, to treat rainwater from a recent 100 year storm alone, was $4000. Retrieving this rainwater and groundwater on a daily basis must be the goal if dollars are to be saved by eliminating unnecessary processing at the Pollution Plant. Sump Pumps would achieve this goal. How much money would be saved at the Pollution Plant with every rain and every dry day -Every day- - considering that water from various sources can enter the system through weeping file connections to the sanitary sewer long after it has stopped raining? Roofleader Disconnections The costs of treating storm water tlzat would enter the system with only Rooi~eader Disconnections (Eaves Troughs and no sumps has not been presented. 13aclcflow Valves The installation of some 150 Back Floev valves helps the involved homeowner but dumps the sewage onto someone else, either different basements will now flood or you 4vill dump the excess sewage into the creeks via sanitary sewer overflows into the stoma sewers, resulting in dead fish, sick people and contaminated farm crops. Need of Urbanites ~'or Groundwater Should a national disaster, such as a nuclear attack, occur and urban source water systems are polluted, you would have to resort to groundwater as a source. A recent television Uoeumentary revealed how Australia is short of water because of the way they have wasted and mismanaged their rainwater and groundwater, It is worthy to note that the authors drew attention to the fact that fire fanners saw this problem coming. I3ui1 in in iafatural .Areas Another consideration which no one seems to date mention is to stop building houses in creels beds, floodplains, and wetlands etc. It should be law that the homeowner be notified at time of lot purchase ,that his basement is being built in a wet area. This would soon stop developer greed. We put warning clauses in such bills of sake for noise vr[ty not a warming about greater xislc i:t this [aeatiort of a basement flood . Clearance Certificates The City should not issue servicing clearance Certificates fox subdivisions vrithin such a short time of being .built. Developers and builders should be lzeld more accountable for basement flooding by delaying the issuanco of such certificates for a much longer time. PROPOSED X1STI7`iG PIPE ~ENLftItGEN1ENT 4N I{AI~,AR RDL between I3eaverdams Rd. and `I'horald Stone Rd. 12eplacing the existin~Kalar ltd. pipe with a lar~,er pipe kvitl transfer the t~roblem even filster #o the area of'Chorold Steno Acres Subdivision where basements are also flooding and where the ICalar Fump Station and trunk servers meet. Tlzis enlarged pipe will increase both the frequency and volume of sanitary sewer overflow into Shriners Creek which traverses farm properties. l;-soli counts in Shriners Creek Tt•ibutary W-5-3 as per my water samples far exceed permissible Iv14E levels even now, You will probably overflow the system in the Ascot Woods Subdivision ,south of Woodbine St., into the W-5-4 Tributar,~ of Shrlitets Creek which also traverses the family fat•m. E-coli county bore are ~ also already above permissible levels. You will be sirtiply dttm~ing Your basement flooding probl~nts onto the shoulders of the rural people as you have been doing for decades. I will na longer tolerate this and the [aw dictates that no one has to. You will be wasting tnillians, because if ,you remav~ the rainwater FIRST via sumo Horn s ~ou_ may not need the proposed enlarged pipe. There is not suoh a pipe coming dawn Kolar Rd. from North of Tliorald Stone Rd, to service that area which has the advan#age of sump pumps. Cf this pipe is a major issue ,why was it not made this size. in rho first phases of deveioprnent ? Surely one would realize such a big need sooner. This pipe should be paid for by the initial developers acid builders who caused the problem then you would see haw fast sump pumps would be advocated. These developers and builders fought for years to stop the use of sump pumps. Only when downstream people threatened court action far stream pollution did they concede. We can ga to court again. The proposed pipe is verbally said to provide a fivo year storm protection. You could never build it big enough to provide the protection #hat a sump pump could provide. The same comments made by the City in Report 1VIW-20t?5-115, Oct. l'r/05, regarding estimation of storage tank size and costs for major storms, also apply to the pipe size--you can't build it big enough and if you did the casts are prohibitive. Council should also refer to NtW-2~J(15-112, Sept. l9/OS. Wi#h the proposed enlarged five year storm pipe, you could still get a six yeas, storm, a seven year storm and so on and beyond a 100 year storm and get flooded basements without sumps. Anyone of these "year" storms could occur over a one year period- several different ages of storms in one year. Att enlarged pipe is same logic as trying to enlarge suety pipe in the subdivision and you still haven't removed the storm water, the main problem, The problem is in the subdivision--picture it as a funnel-- it books up in the basements before it ever leaves the funnel. Storrnwater wilt have to be removed by way of a sump pump in the end as is already proven, 1~or example in the Tara Pu.rnp Station Area, east of QfiW, the city spent same 700 thousand in the 198Q's on an underground storage tank but in the end in the [99U's had to install same l00 sumps to alleviate hasernent back ups. Storage tanks can fill with groundwater before a storm ever comes ,making them almost useless. Building an enlarged pipe is subsidizing developers of existing subdivisions and those who avant to expand urban boundaries. Once sump pumps are in, any reserve capacitf that results from removal of rain4vater in any pipe should be reserved for development and redevelopment potential within urban boundary and to a}eon up overflows both earl and west of the QI:W highway, NOT far urban boundary Expansion. This would be in keeping with Provincial Policy. further with the current Official 1°tan Revier~v, there are proposals to use eight hundred acres of industrially zoned land in the inner city and to the south of Hwy. Twenty ,for residential development. This would negate any need £or undesirable urban boundary expansion onto the prime fruit and grapelands abutting the proposed enlarged sanitary sewer pipe. Therefore , re<;overing costs of this pipe will be difficult if ever intended to be recouped by extending the botu-tdary. 'The proposed enlarged pipe is contrary to the objectives of the Provincial Policy Statement, smart growth and the Growth Pian. The Niagara falls Council voted in summer of 2Qa6 to request the Region to look into amending their mapping to properly designate the lands between Niagara falls and Thomld as good grape and good fruit as already proverE in 19`78 Ontario Niunicipai Board Hearirtfs. Costs Alever Counted 'by G{ty or Cons~t itants Costs to all of us: Spread of disease. A recent farm newspaper revealed that ears is carried in rtaw sewage. Two conservation vrorl~ers gat sick working in Shriners Creek. Scientists have proven that our oceans are dying due to human sewage pollution. There is little clean water for wildlife. Deer bane been observed boating a path to the spring nn Shriners Creek rather then drinking from the creeks and ponds. The fsh food supply !s near extinction far pike numbers. The late 3~ack Muir said atone time pike in those streams were sa plentiful you couldn't see the bottom of the stream when they would carne upstream to spawn. l.,ake Ontat•io Beaches close due to sewage pollution not industrial effluent. Tho Shriners Creek, Heaverdarns Creek and the Ten Miie Greek all empty into Lake Ontario. Costs to Farmers: Loss of ri hg t to diversify -~canrtot asttire env animal near land flooded by a polluted stream, lass of enjoyment of property, loss of cropland ~-overflows cause even more flooding ~-you cannot f_oed contaminated hay to any animal, loss of trees to disease from polluted water. Coyotes showed up my garden hose Last year-were they lacking far clF,an water aa• just water 7'he watershed has a problem wi#li bath quality and quantity of water bath in wet and dry weather due to tnisnaanagement. Sump Pumps would increase rho supply of water s,~a base flnrv of the stream even in dry weather. Polluted gi•ouniiwatc:r is a possibility with use of sanitary sewer overflows .Then there is the cast of legal action. We are a~xiare of the inuninerct Clears eater Act. The clean up costs of downstream watercourses which have the life choked Qut of them by cattails produced fi•om sevrage contamination ,must be counted if implementing an enlarged pipe together with raw sewage overflows as one ofyour immediate major solutions to basement flooding rather than using sump pumps as the first answer. Conservation Authority and Provincial Mlinish•ies approve the sewer ~varks, developments, and sewvage overflows to provide larger developer profits, then come bests leaking far ta~cpayer money to fix the damages caused by their own approvals . Local Caitncils are just as guilty. Stunp Pump installation should be made the top immediate solution to horrieowner basement flooding ,not the proposed enlarged pipe. In their own reports, city engineers admit that sumps are the long term solution. All the mare reason to irnpicment them in the short tet7n. kiomen~vners must realize that ail, including those who are not Flooded, must use sumps. Unly t~ _ those who are at the higher elevatwn might avail them as they can drain by gravity to the storm sewer pipe---1 am not aware if the Provincial Lavv for sumps may have eliminated this option. If di ~culty to calcine wise a measure of costs saved ,then surnn t~um s should be the priori . _ The benefits of sumn~ reach far beyond just the homeowner thev touch al] forms of life. SECONI3 ISSUE Amendment NCD, l96 Connection to Kalax Pump Station -Club Ifalia . Church of the Red~a~n~r Ap~pliaat'rans The pxopased addition of soxr?e f 8b ac~•es or 130© units , to this sewage system should not be allowed. The Consultant stated that because it would be new development and a dry system with sump pumps, that new contributing flows frox,~ this Northwest tZuadrant, would be quote "insignificant". Let nee say that the City has been adding "dty" systems--new subdivisions ovith sump pumps-- for twenty years and you s#ill have basement flooding and sewage overflows into our streareis. Stop misrepresenting the facts. Everyone knows that when a glass of water is full ,that whether you add more water or a solid that the glass will still overffaw. The same planning arguments listed above for the area south of Thorold Stone Rd, also apply to this area north of'T'horold Stone Ital. Yours truly, r ~ Jean Gxandoni C... /}lr I'~ L': 7 f f~ (r t:.: y:j I.. i5 C; Tr + : ; +ii i.: l I I :.:ls ~~~~(D~ CH2M HILL Canada Limited 255 Consumers Road i , ~ ~ ' ~ i k~llfk~ ~~l,iWB OLirfi};S r~ ~ ~ Toronto, Ontario M2J 5B6 - ! ~ , Te1416.499.90flfl -~...r .:.:1..1~.:_r ; i ~ Fax 416,499.4687 March 8, 2007 Dean Iorfida City of Niagara Falls 4310 queen Street Box 1023 Niagara Falls ON L2E 6X5 Re: Kalar Road Pump Station Sanitary .Service Area Basement Flooding Abatement Class Environmental Assessment Public Information Centre (PIC) CH2M HILL Canada Limited has been retained to assist the City of Niagara Falls and the Regional Municipality of Niagara to complete a Class Environmental Assessment {EA} Study to identify .measures to reduce and/nr eliminate the occurrence of basement flooding and other damage associated with stormwater overflows in the drainage basin of the Kolar Road Pump Station. This study is being conducted in accordance with the requirements for Schedule B projects as described in the Municipal Engineers Association's Class EA document (June 2000). This Class EA is bev.1g performed as part of a larger Master Plan or Pollution Control Plan {PCP) for the City of Niagara Falls. The purpose of the PCP is to plan for long-range water pollution control and sanitary servicing needed to accommodate future growth. Due ko the nature and severity of the basement flooding in the Kolar Road Pump Station area, howetTer, this Class EA has been made a priority. At this time, we wish to inform you of a Public Information Centre being held for any stakeholders and interested parties. Please find enclosed a notice outlining the details. For questions or comments, please contact the undersigned at the above address, by telephone at 416-499-0090, ext. 346, or via e-mail at Sabrina.ColettiQch2m.com. Sincerely, CH2M HILL Canada Limited ~G~~-Gc~v ~ ~4. Sabrina Coletti, MCIP, RPP Environmental Planner Encl. (7%23/2007) Anna Morocco -Fwd: Fw: Centennial Water Molecule Page 1 From: Jim Diodati To: Anna Morocco Date: 7/23/2007 2:27 PM Subject: Fwd: Fw: Centennial Water Molecule Hi Anna, Please copy this for each Councillor for tonight's meeting. Thanks, Jim "Jim Diodati" <jdiodatiCc,~cogeco.ca> 7/23/2007 1:24 PM Original Message From: Betty Colaneri To: Jim Diodati Sent: Monday, July 23, 2007 12:15 PM Subject: Centennial Water Molecule Hi Jim! We received a call this morning notifying us that the Water Molecule is on the agenda for today's City Council meeting. We are unable to attend due to prior commitment so I am sending you this to give you our thoughts and concerns with regards to how this is being handled. 1. First and foremost we were quite surprised that there has been a recommendation made that legal action be taken against us since we have taken care of the molecule for the past 11 years. 2. Last year the recommendation was made to give us a year to find a location in Niagara Falls for our business. It is extremely unfortunate that we were not able to find a location that met our needs. No one was more disheartened than we were to have to leave the City of Niagara Falls but with the many industries closing in the City, it left us no choice. 3. Last month we received a call from a city employee, who did not identify herself as such (we have call display), asking us where our location was not asking where the molecule was. The location of the molecule has not changed. 4. Shortly following that call, we received a letter on June 22 from Denyse Morrissey indicating that there was the desire to put the molecule in front of the new arena being built. We are pleased that the City has found a location that the molecule can be displayed and appreciated by many. We realize that there may be many like Denyse that were not in the positions they are now and unaware of the circumstances that led to the agreement with the City. 5. It was in 1996, when I noticed that the Water Molecule was sitting in the service yard on Stanley Avenue and had been for quite some time. I called City Hall and enquired what was being done with the structure and my interest in purchasing it for our company. The symbol of Hi-Tech Material Handling is the molecule. It was my interest that brought it to public bidding. There was one other bidder other than ourselves who wanted to take it apart and use the steel rather than display it. Had that in fact happened the molecule wouldn't be up for discussion now. 6. For the past eleven years we have treated it with the respect and the dignity it deserves since we were well aware of the significance of the piece. It became our company logo and was used on our letterhead, cards etc. Every customer we had come to the office always asked what it was. They didn't realize it was a water molecule or that it previously stood in front of City Hall. The staff at Hi-Tech often teased me on how I was always willing to take the time to explain the structure to them and how it was rescued from being destroyed. No one was more proud and honoured than I to have it displayed in front of our office. 7. For ten years the molecule went unnoticed. We fail to see the sudden interest and urgency in having it returned. We are not leaving the province with it! 8. If it is strictly to have it brought back to Niagara Falls, we have several property locations in Niagara Falls that we can easily bring the molecule to. 9. We would like to understand why the City is willing to take the molecule away from us when it has been a part of our company for so long without realizing the changes that will have to be made. - _ (7/23/2007) Anna Morocco -Fwd: Fw: Centennial Water Molecule Page 2 Even though it is extremely disheartening that the City of Niagara Falis would rather take legal action then extend their appreciation for taking such good care of the molecule and saving it from being scrap metal, we are more than happy to continue looking after it until the arena is ready. At that time, even though I will be greatly saddened to see it go, we will gladly transport it directly to the new arena. We extend our sincere gratitude for your attention to this matter, Jim and it is our sincere hope that this can be resolved without the unnecessary expense of legal fees to our taxpayers. With sincere thanks, Betty Colaneri for Hi-Tech Material Handling. (7/23/2007) Anna Morocco -Fwd: Grand Niagara OPA and Rezoning Page 1 From: Andrew Bryce To: Anna Morocco Date: 7/23/2007 10:24 AM Subject: Fwd: Grand Niagara OPA and Rezoning CC: Darbyson, Doug Anna, could the following submission (respecting Staff Report PD-2007-60, OPA #69 and the related draft zoning by-law) be distributed to Council members. Thank you, Andrew <iwilkerC~?thomsonrogers.com> 7/18/2007 10:36 PM We understand that the applicant has requested that City Council consider and pass the draft OPA and rezoning by-law on Monday, July 23, 2007. We note that notwithstanding our correspondence of November 2, 2006 to City Planning that our client's concerns regarding the drafting of the OPA, which amends an OPA which was settled by the Chair Marie Hubbard of the Ontario Municipal Board, based on an affidavit from the Director of Planning of the City, Mr. Darbyson dated January 24, 2002, have not been addressed. Simply put it is inappropriate to rewrite that document. Instead it should be modified to reflect the revised development proposal to ensure that it is in keeping with the settlement. We further received and were requested by the City to respond on an expedited basis the zoning by-law, (notwithstanding that the matter was dormant for 5 to 6 months). The zoning by-law from our review similarity fails to be consistent with the terms of the OMB Decision/Order. As such the documents are not in a form that I can recommend to my client. The matter should be deferred. If the City and the applicant are not prepared to defer the matter please advise so that we may seek further instructions. Jeffrey J. Wilker Partner Thomson, Rogers www.thomson rogers.com Direct Line: 416-868-3118 This message is intended to be Confidential and solely for the addressee. If you received this a-mail in error, please delete it and advise us at notifier at thomsonrogers.com E-mail transmission cannot be guaranteed to be secure or error-free and the sender does not accept liability for errors or omissions. Thomson, Rogers also retains the right to monitor our a-mail transmissions in order to maintain our high standard of service. CITY OF NIAGARA FALLS By-law No. 2007 - A by-law to appoint Bill Matson to take on duties of the City Clerk in his absence. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Bill Matson is hereby appointed Temporary Acting City Clerk when the City Clerk is unable to carry out his duties through illness or otherwise. 2. The Temporary Acting City Clerk shall have all the powers and duties of the City Clerk under the Municipal Act. 3. This by-law shall expire on the earlier of July 30, 2007 or such other time as the City Clerk, Dean Iorfida, is able to return to his duties. Passed this twenty-third day of July, 2007. BILL MATSON, ACTING CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: July 23, 2007 Second Reading: July 23, 2007 Third Reading: July 23, 2007 CITY OF NIAGARA FALLS By-law No. 2007 - A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 69 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by-law shall come into force and take effect on the day of final passing thereof. Passed this twenty third day of July, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: July 23, 2007 Second Reading: July 23, 2007 Third Reading: July 23, 2007 PART 2 -BODY OF THE AMENDMENT All of this art of the document entitled PART 2 - BODY OF THE AMENDMENT consistin of P ~ g the following text and attached map, constitute Amendment No. 69 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES i) The referenced Area # 1 shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 69, shall be redesignated from Rural/Agricultural (Deferred) and Industrial to Environmental Protection Area on Schedule "A" of the Official Plan. ii) The referenced Area #2 shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 69, shall be redesignated from Rural/Agricultural (Deferred) to Open Space and identified as SPECIAL POLICY AREA " 34" on Schedule "A" of the Official Plan. iii) The referenced Area #3 shown on the map attached hereto, entitled Map 1 to Official Plan Amendment No. 69 shall be redesignated from Industrial to Open Space and identified as SPECIAL POLICY AREA " 34" on Schedule " A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 -SPECIAL POLICY AREAS is hereby amended by deleting subsection i 4.34 in its entirety and substituting therefore the following: 14.34 SPECIAL POLICY AREA " 34" Special Policy Area " 34" applies to approximately 274 hectares of land located on the north and south sides of Grassy Brook Road, between the Welland River to the north and Biggar Road to the south, from Montrose Road to the east to approximately 225 metres west of Morris Road. The land is designated Open Space, in part, and Environmental Protection Area, in part. A. OPEN SPACE In addition to the Open Space policies of this plan, the following policies will apply to land described above and designated Open Space: 14.34.1 The majority of the land is intended to be developed for golf courses and a driving range, including a club house and accessory buildings and structures. -2- 14.34.2 Approximately 50 hectares of the lands east of Crowland Avenue north of the CPR rail line within the urban area may be developed for a comprehensive development consisting of a full service or apartment hotel, vacation villas, a conference centre, a fitness centre/spa, an administration office, recreation centre and related ancillary uses as integral components of a golf course resort. A maximum of 650 hotel and vacation villa units may be permitted, with building heights not exceeding 5 storeys. In addition to the above, up to 225 residential dwelling units, in the form of single detached, townhouse or other similar multiple residential unit dwellings, may be developed within the urban area as an integral part of the golf course resort within the resort block or within separate plans of subdivision or condominium. Dwellings shall have a maximum height of 2 storeys. Alternatively, a portion or all of this allocation of dwelling units may be permitted within the aforementioned apartment hotel. 14.34.3 To ensure compatibility is maintained between the residential, recreational and resort uses on the land and existing and future heavy industrial facilities permitted on Industrial designated lands ' situated to the northwest of Garner Road and Chippawa Creek Road, the following policies will apply: a) A separation distance of 1.09 km shall be implemented through the amending zoning by-law to provide for a transition of land uses from these heavy industrial facilities to the resort development block and the residential dwellings. Open space lands within the above noted separation distances will be restricted to low intensity recreational type uses such as golf course facilities and uses ancillary thereto and shall not include any resort or residential buildings providing places of assembly or overnight accommodations. b) This separation distance will be measured from the intersection of Garner Road and the Chippawa Creek Road to the closest point of the boundary of the land used for the resort development and/or the residential dwellings. c) Any application to amend these Official Plan Policies or related implementing zoning by-law provisions shall be subject to the public notification requirements of the Planning Act with an expanded notice circulation to all properties within 1.5 km of the resort development block and residential dwellings. -3- 14.34.4 Theamending by-law(s) permitting the development of the resort block and residential dwellings shall include a holding symbol "H". Prior to the removal of the " H" symbol: a) Studies demonstrating the availability of adequate municipal sanitary sewer, water, storm water management and transportation facilities shall be completed to the satisfaction of the City; b) Any noise impacts from the adjoining rail line on adjacent residential areas shall be mitigated, as determined through a noise study to the satisfaction of the City and the Regional Municipality of Niagara; c) An environmental impact study to determine mitigation measures necessary to protect the Environmental Protection Areas identified in Section 14.34.7 of this plan .shall be completed and the measures implemented to the satisfaction of the City, the Regional Municipality of Niagara and the Niagara Peninsula Conservation Authority; and d) A tree preservation plan to determine the extent that significant treed areas outside of Environmental Protection Areas are to be protected shall be completed and measures shall be implemented to the satisfaction of the City and the Regional Municipality of Niagara. 14.34.5 Development will be subject to a Plan of Subdivision(s), Plan of Condominium(s) and/or Site Plan Control which shall implement, in addition to measures typically implemented under such controls, measures outlined in Section 14.34.4, as well as measures to control herbicide/pesticide impacts and to preserve any archeological resources. 14.34.6 To ensure the safety of the residents and patrons, the resort and residential blocks will be designed to ensure proper and efficient access by emergency vehicles. 14.34.7 Notwithstanding Open Space policy 13.7, existing rural residences, remnant farm dwellings and hobby farms within the subject area shall be recognized and may continue as permitted uses as regulated by the Zoning By-law. B. ENVIRONMENTAL PROTECTION AREA Portions of the land contain environmentally sensitive lands including provincially significant wetlands and are designated Environmental -4- Protection Area. In addition to the Environmental Protection Area policies of this plan, the following policies will apply to land described above and designated Environmental Protection Area: 14.34.7 Development of these lands, including site alteration, will not be permitted unless otherwise stated in this subsection. Development of adjacent lands shall not adversely impact the Environmental Protection Areas. In this regard, the recommendations of the Environmental Impact Assessment (March 2001) and Addendum Report Environmental Impact Assessment (June 2001) prepared by ESG International and any subsequent environmental impact assessments shall be implemented through the amending zoning by-law and through Section 14.34.5. Notwithstanding the above, bridge. and municipal service crossings of watercourses within Environmental Protection Areas maybe permitted provided an environmental impact assessment demonstrates that such lands will not be adversely impacted, and the necessary permits are obtained from the Niagara Peninsula Conservation Authority. 14.34.8 The boundaries ofthe Environmental Protection Area designation applying to watercourses -west of Morris Road are approximate only. Prior to passage of the amending zoning by-law, the exact boundary of the fish habitat setback, as defined by the federal Department of Fisheries and Oceans, and the regulatory flood plain for these watercourses shall be mapped in consultation with the Niagara Peninsula Conservation Authority. MAP 1 TO AMENDMENT NO. 69 SCHEDULE - A - TO THE OFFICIAL PLAN Areas Affected by this Amendment Area l; Proposed Change From: RuraUAgricultural and Industrial to Environmental Protection Area Area 2: Proposed Change From: RuraUAgricultural to Open Space and SPECIAL POLICY AREA " 34" Area 3: Proposed Change From: Industrial to Open Space and SPECIAL POLICY AREA " 34" \ \,51s ,1 .i,,,, z \ \ , i\ i\,,, 7„\,i„ ',„\\1515., ),t l5 ,i,4 „\l, 5\57,\iiSS ,\,~,i 5, ii, i ,SK a\ , ,1115,,, 1,5 S„ ,1\i,i\\\\ \ 'SZ ,"\'i,\\~~ \iii)\1`i i~, ,)„i ,'i\ -i` ,\1.`\l5' ~S, ti~i\5\i\, l7 , 1~55'S~,?5~jti \5 \5, l`al,`,1,~ S , \i.'i\.\, X5.5 ,i;SS~,S \`\5,\,`,„\,\,,S \~i~\, ~ \5 \\\\i 155\'i~\\"\ iii\\» \a x.)7i 1. x\ \ \5 \l 5 ,~5 i\ li'~ l ~ i \ i,\l~ 7.\ ~'\'~55,5„ \55i\\i,5i ,~\5\~\ \'5.:~\ \ ;S'L\~\i\' >\\i5„ii5\ \S 5' S ,\\,~i 5'„\ \\:5.\5 5ii5~~'+~\„\s \„i, 5 \i~,\\i~\;\ \5\\i -,7 \,L,\5).\. 4 ? \5i \ , , \l,\\, , a\ )\\i\,\\`\i,5 i.) 1. ~~S a a i5 iti„',\ 'l,\ , 571 lll,\\\ ,\1l \5,1,5'1 \-l. \\i, \'1)\\15 i,,.\11 5:,,57,\- 1'; 1, \•i\ 1'1 \\`a \ \\,\"5,5, ti`., 5„7S\75,\\,\\'\ 5„\, 5,\`~-i\\\5\~" a5`. S.'\5\. 'S '5,,,\`„5, \S,'1 \'\\h.\, 7~i ~i\;,,\55,5'il\5` 'S \5 S '.\\j,~ 7i 51;5,5i,\'1 i~i5\,7\\\y'15 \i75. ~i 4\ i \ S\,,,i, \ .,.)5.1.x\\ 1 \ Si .a 7 - 5. 5)l, 'i,,, ,ii,\h. S.\~„ i,\`~ 5i,jd~~-. ~\\5 S,,,S;\\\5,5,. 1.57 \ 5i,j'S. , „ )...7. ? 5, \i iti, , S\5,5),4 ,i5)~ i. 5,5~: 5'.5,,,4 17i\ ,5S\iti„\ 55~,~` SC _ „__5?~. CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A -FUTURE LAND USE PLAN N LEGEND w E ENVIRONMENTAL PROTECTION AREA ® INDUSTRIAL s OPEN SPACE 1:NTS Q RURAL /AGRICULTURAL AM-19/2006 AM-38/2004 NOTE: This schedule forms part of Amendment No. _ to the Official Plan for the City of Niagara Falls K:\OIS_Requals\2006~Scheduloe\ZoningAM41Md9~nspping.map and it must be read in conjunction with the written text. August 2006