2001/06/11PLANNING MEETING
JUNE 11, 2001
PRAYER: Alderman Art Federow
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
City of Niac~ara Falls Environmental Planning & Greening Award
His Worship Mayor Thomson will present the City of Niagara Falls Environment
Award to Dorothy Van Slyke.
Community Contributions to Niagara Falls Fire Department
A presentation will be made to Dr. Douglas Munkley, Chief of GNGH Department
of Emergency Medicine and Medical Director, Niagara Regional Firefighter
Defibrillation Program; Mr. John Dunn, Coordinator, The Niagara CAER Group; Ben
Pividor, Special Project Manager& Operation Support Manager, Marsulex Inc.; Ruedi
Hafen, Niagara Helicopters Limited; Marv McKeag, Retired Area Chief, Volunteer Fire
Station ft4 (Chippawa) in recognition of their contributions to the citizens of Niagara Falls
and to the Niagara Falls Fire Department.
Niagara Falls Voice Radio Pro|ect
A presentation will be made to Chief Peter Corrield, Assistant Chiefs Colin
(Barney) Ruddell and Lee Smith and Sue Arbour, Captain/Communications for their
contribution to the Niagara Fails Voice Radio Project.
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Municipal Senior of the Year Award
His Worship Mayor Thomson will present the Municipal Senior of the Year Award
to Grace Doyle.
DEPUTATIONS
Coronation Centre
Me. Wendy Hazelton, Evening Recreation Programmer and Garth Chapman,
President, Coronation Centre, will provide information on the new evening program at
the Coronation Centre.
Cardinal Newman Catholic School
Mr. Clyde Carruthers, Principal, Cardinal Newman Catholic School, wishes to
address Council regarding the issue of petitioning Canadian National Railways to install
railway crossing gates on Beaverdams Road, east of Kalar Road at Crossing Number 31.
Casino Parking Lot #2
Mr. Brian Morris, Fallsview B.I.A. wishes to address Council on Casino parking
lot #2.
MISCELLANEOUS PLANNING MATTERR
Chief Administrative Officer
PD-2001-51, Appeal to Zoning By-law 2001-80,
AM-13/99, Jeffrey Dennington, Lyon's Parkway.
Chief Administrative Officer
PD-2001-52, Request for Removal of Part Lot
Control, Shane Crescent; Blocks 2 & 3,
Registered Plan 59M-279.
3. Chief Administrative Officer PD-2001-53, Willoughby Land Use Study.
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Chief Administrative Officer
PD-2001-54, Appeal to Zoning By-law No. 2001-
90, AM~03/2001, 6546 Fallsview Boulevard;
Proposed Addition to Days Inn Hotel.
REGULAR COUNCIL
ADOPTION OF MINUTES:
Planning/Regular Council Meeting of May 14, 2001 and
Special Council Meeting of May 25, 2001.
UNFINISHED BUSINESS
City of Guelph Resolution regarding discussions on the General Agreement
on Trade In Services (GATS).
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
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COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Ms. Ines Lent on behalf of the property owners on Macklem Street - Re: Name
Change - requesting that consideration be given to change the name of Macklem
Street to Niagara Parkway.
Village of Chippawa Citizen's Committee - Re: Macklem Street Name Change -
expressing concern regarding the requested name change and that the street
should maintain the name "Macklem".
RECOMMENDATION: That la) and lb) be referred to staff.
Concerned Resident on Gunning Drive - Re: Installation of Sidewalks -
expressing concerns regarding the unsafe conditions on Gunning Drive and
requesting that consideration be given to installing sidewalks in that area.
RECOMMENDATION: Refer to staff.
Lundy's Lane B.I.A. - Re: 2001 Budget - requesting approval of the Lundy's Lane
BIA 2001 Budget as approved at the Annual General Meeting.
RECOMMENDATION: That the request be approved.
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10.
Victoria Centre B.I.A. - Re: 2001 Budget - requesting approval of the Victoria
Centre B.I.A. Budget.
RECOMMENDATION: That the request be approved.
Chippawa Business Improvement Area . Re: Chippawa BIA Board of
Management- requesting approval of the following Board of Management positions
for the remainder of the three-year council term: Chairman: Victor Ferraiuolo;
Vice-Chair: Joe Miszk; Secretary: Brian Thompson; Treasurer: Dave Barnes;
Director: Gino DiCarlo.
RECOMMENDATION: That the request be approved.
Order of Sons of Italy of Canada - Re: Pyrotechnic Fireworks Display -
requesting approval for a pyrotechnic fireworks display at Club Italia's Annual Picnic
to be held on July 8, 2001
RECOMMENDATION: That the request be approved subject to established policy.
City of Port Colborne -Re: Sunsplash Beach Festival -providing information on
the Sunsplash Beach Festival being held from June 22 - 24, 2001 to raise funds for
charitable organizations in the Niagara Region and requesting participation in the
beach volleyball tournament.
RECOMMENDATION: For the consideration of Council.
Niagara Transit - Re: Additional Bus Service - Saturday/Sunday and Brock
University - Summer Service - providing information on additional bus service -
Saturday and Sunday service and Brock University Summer Service and requesting
if 1) Council wishes to proceed with the weekend service increase and 2) if Council
wishes to provide year-round service to Brock University effective September, 2001;
- AND - Correspondence from Monica Chambers, President/Business Agent,
Local 1582.
RECOMMENDATION: For the consideration of Council
Victoria Centre B.I.A.. Re: Parking meters along Victoria Avenue - requesting
that the parking meters be removed along Victoria Avenue from Walnut to Centre
Streets and that there be no parking in this area; and that sidewalks be widened
along this area.
RECOMMENDATION: Refer to staff.
The Niagara Parks Commission - Re: Expanded dates for Friday Night
Fireworks 2001 - requesting permission to expand the fireworks displays to include
eight Sunday night dates beginning July 8, 2001. The additional dates are July 8,
July 15, July 22, July 29, August 5, August 12, August 19 and August 26, 2001.
RECOMMENDATION: That the request be approved subject to established policy.
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1t.
Niagara Falls Humane Society - Re: Establishment of a committee - requesting
that consideration be given to the establishment of a committee to review the need
to establish a by-law that would limit the number of dogs or breeding dogs per
household. ~
RECOMMENDATION: Refer to staff.
Additional Items for Consideration
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEF
(Alderman Victor Pietrangelo, Chair)
COMMUNITY SERVICES MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
3. Chief Administrative Officer
4. Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
MW-2001-72, Appointment of Consultant,
Oakwood Drive Pumping Station Upgrade
Class Environmental Assessment.
MW-2001-73, Amendment of Parking &
Traffic By-law 89-2000 to incorporate
former Regional Roads.
MW-2001-76, Municipal Parking & Traffic
Committee Recommendations, May 15,
2001 Meeting.
MW-2001-79, Tender #2001-11,
Expanded Asphalt Stabilization of Roads.
MW-2001-80, Appointment of Consultant,
Watermain, Victoria Avenue.
MW-2001-81, Appointment of Consultant,
Watermain, Buttrey Street.
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
10. Chief Administrative Officer
11. Chief Administrative Officer
12. Chair, Canada Day Committee
13. Chair, Canada Day Committee
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MW-2001-83, Contract 01-186-00,
Parking Lot #13 Main Street, Parking Lot
#10 Park Street and Chicanes.
MW-2001-84, Contract 01-113-01,
Cathodic Protection of Watermains.
MW-2001-85, Contract 01-174-98,
Ontario Power Generation, Outfall
Erosion Control Rehabilitation Works
Oakwood Drive and Hawkins Creek.
MW-2001-86, Tender #2001-08 Surface
Treatment of Roads.
MW-2001-89, Purchase of Pay and
Display Parking Machines for On-Street
Use -Fallsview Area.
R-2001-22, Canada Day, Free Swimming.
R-2001-26, Canada Day, 2001.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTION-~
(Alderman Wayne Campbell, Chair)
MISCELLANEOUS MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
3. Chief Administrative Officer
CD-2001-05, Special Occasion Permit;
Royal Canadian Legion Branch 51; Larry
Pugliese and Sertoma.
L-2001-29, Establishment of a Daylighting
Triangle as a Public Highway, Colborne
Street.
L-2001-30, Establishment of Turnarounds
and One Foot Reserve as Public
Highways; Part 1 On Reference Plan No.
59R-11347 and Block A on Plan No. 225
- Balmoral Avenue; Block 12 on Plan
59M-259 - Silvan Street.
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Chief Administrative Officer
L-2001-31, 1006057 Ontario Limited
Purchase from the City, Part 7 on
Reference Plan 59R-10309 and Closing
of Part of Graham Street.
Chief Administrative Officer
L-2001-32, Competition in the Market
Place and the Planning Process.
Chief Administrative Officer
L-2001-33, Licence Agreement with
Mount Carmel Park Association - Part of
Mount Carmel Park Placement of
Portable Sign.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration,
2001-100
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Stop Signs, Yield Signs, Speed Limits for Part 2 and Part 4,
one Way Highways, Prohibited Turns)
2001-101
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Parking Prohibited, Standing Prohibited, Limited Parking,
Parking Meter Zones)
2001-102
To authorize the execution of a Subdivision Agreement with Centennial
Construction & Contracting (Niagara) Inc. respecting the Weins Subdivision.
2001-103
To designate the whole of the City of Niagara Falls as a site plan control
area, to define the classes of development that may be undertaken without
the approval of plans and drawings, and to delegate to an appointed office
of the municipality the powers of authority (~f Council permitted under section
41 of the Planning Act. R/S/P/1990, c.P. 13., as amended.
2001-104
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads. (Stopping Prohibited, Loading Zone, Parking Meter Zones)
2001-106
2001-106
2001-107
2001-108
2001-109
2001-110
2001-111
2001-112
2001-113
2001-114
2001-115
2001-116
2001-117
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To authorize the execution of an agreement with Taunton Construction
Limited respecting Cathodic Protection of Watermains.
To authorize the conveyance of Part 7 on Reference Plan No. 59R-10309 to
1006057 Ontario Limited, for nominal consideration.
To authorize the Council to borrow money by way of debentures.
To authorize the execution of an agreement with Earth Tech Canada Inc.,
respecting the Oakwood Drive Pumping Station Upgrade, Class
Environmental Assessment.
To establish Part 1 on Reference Plan No. 59R-11347 and Block A on
registered Plan No. 225, as a public highway, to be known as and to form
part of Balmoral Avenue.
To establish Part 3 on Reference Plan No. 59R-11154, as a public highway,
to be known as and to form part of Colborne Street.
To establish Block 12 on registered Plan 59M-259, as a public highway, to
be known as and to form part of Silvan Street.
To authorize the execution of an agreement with Hard-Rock Pavement
Recycling Inc., for the expanded asphalt stabilization of roads.
To authorize the execution of an agreement with Hard-Rock Paving
Company Limited for the Ontario Power Generation Outfall Erosion Control
Rehabilitation Works - Oakwood Drive and Hawkins Creek.
To authorize an Agreement for a licence in favour of Mount Carmel Park
Association for the placement of a portable sign on City parkland located on
Mount Carmel Boulevard.
To authorize the execution of an agreement with Norjohn Limited respecting
Parking Lot #13 Main Street, Parking Lot #10 and Chicanes.
To authorize the execution of an agreement with Norjohn Limited respecting
surface treatment of roads.
To designate Blocks 2 and 3 on registered Plan No. 59M-279 not to be
subject to part lot control.
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2001-118
To authorize a Licence Agreement with Niagara Training & Employment
Agency Inc. for the purpose of permitting the City to use property at the rear
of 3470 Sinnicks Avenue as part of the City's community program of
recreation. (Re: Report R-2001-19)
2001-119
To provide for the adoption of an amendment to the City of Niagara Falls
Official Plan.
2001-120
To authorize the execution of an agreement with 1422281 Ontario Ltd.,
respecting "The Willoughby Drive Condominium".
2001-121
To authorize the execution of a Subdivision Agreement with River Realty
Development (1976) Inc. respecting the Garner Estates - Phase Two.
(Please note that Schedule A attachment will be a HANDOUT on Monday)
2001-122
To set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2001.
2001-123
To authorize the execution of a site service agreement with Canadian
Niagara Hotels Inc. respecting improvements to Mewburn Road.
2001-124 To authorize monies for General Purposes (June 11, 2001)
NEW BUSINESS
Cardinal Newman Catholic School
5580 Cardinal Newman Way, Niagara Falls, Ontario. L2H 1R4. Phone: 354-9033
April 25, 2001
Mr. W. Wagg
City Clerk
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Wagg:
Re: Request to Present to Council
ARer conversing with Mrs. B. Muir on the phone this morning, I wish, on behalf of our Cardinal
Newman School Council, to request an opportunity to make a presentation to our Niagara Falls city
Council.
The topic of our presentation involves the issue of petitioning Canadian National Railways to install
railway crossing gates on Regional Road 53 (Beaverdams Road), east of Kalar Road at Crossing
Number 31.
Our Cardinal Newman School Council has generated a petition asking for C.N. to install railway-
crossing gates at Crossing Number 31, and we wish, by way of our presentation, to obtain Council's
support for this issue.
Mrs. Muir suggested Monday, June 11, 2001 as a suitable date for our Council presentation.
Two other Council Melnbers and myself will be in attendance for this presentation.
I look forward to your reply.
Sincerely,
Clyde Carruthers
Principal
c.c. Mrs. A. Etezadi, Chairperson, Cardinal Newman School Council
Mrs. S. Foy, Member of Cardinal Newman School Council
Niagara Catholic District School Board
Cardinal Newman Catholic School
5580 Cardinal Newman Way, Niagara Falls, Ontario. L2H 1R4. Phone:'354-9033
April 25, 2001
Mr. W. Wagg
City Clerk
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Wagg:
Re: Request to Present to Council
After conversing with Mrs. B. Muir on the phone this morning, I wish, on behalf of our Cardinal
Newman School Council, to request an opportunity to make a presentation to our Niagara Falls city
Council.
The topic of our presentation involves the issue of petitioning Canadian National Railways to install
railway crossing gates on Regional Road 53 (Beaverdams Road), east of Kalar Road at Crossing
Number 31,
Our Cardinal Newman School Council has generated a petition asking for C.N. to install railway-
crossing gates at Crossing Number 31, and we wish, by Way of our presentation, to obtain Council's
support for this issue.
Mrs. Muir suggested Monday, June 11, 2001 as a suitable date for our Council presentation.
Two other Council Members and myself will be in attendance for this presentation.
I look forward to your reply.
Sincerely,
Clyde Carruthers
Principal
Mrs. A. Etezadi, Chairperson, Cardinal Newman School Council
Mrs. S. Foy, Member of Cardinal Newman School Council
Niagara Catholic District School Board
April 25, 2001
Mr.'I; F. McLeod
Officer Regulatory Affairs
Engineering
Canadian National
277 Front Street West
'Foront0, Ontario M5V 2X7
Dear Mr. McLeod:
NAY ? 20111
Re:
Railway Crossing on Regional Road 53 (Beaverdams Road)
East of Kalar Road at Crossing No. 31
City of Niagara Falls
I write as a concerned parent of Cardinal Newman School students to add my-Plea to those already
submitted for safeguards to be added to the rail crossing at Beaverdams and Kalar Roads.
I've learned that previous requests have been made and endorsed by the two most recent school
principals as well as municipal and regional levels ofgovernment. The hazards~of poor visibility, the
speed of the trains, and the lack of automatic gates have been described by a lo6al newspaper editor
as 'an accident waiting to:happeia', (see attachment).
At risk is an elementary school population who cross the tracks on foot, by bicycle, by bus, and in
private ~ehicles. As well, a new dewar, p, merit is being built at this location n0~th 0fBeaverdams Road
which is geared to housing mor~ young families. When eomplete~,the~rail;erossing in question
ti~eragy .be sandwic'~z~ 4~nvoeaa:school with an enr~llmeatof420~students and a sub-
d~.~_'2n_ of t23 family dwellings.
On behalf of the school and neighbourhood community, I and the people listed request that you
reconsider installing automatic gates to improve the safetyat the Beaverdams crossing. We hope that
.the accompanying petition will underscore the safety concerns of our community. This survey will
ats°'be presented to the Niagara Falls CityCouncil in an effort to er, pedite our request There can
· beao location higher in Prler,.'~ ~.h_~ eec on the doorstep of so many young children.
We eagerly look forward to your reply and prompt action.
Sincerely,
{Contact am. (905) 374-4079)
Cardinal NeWman Parent Council
Mr. C. Carmthers, Principal, Cardinal Newman School
l~tr. B/ti Walters, Superintendent of Education, Niagara Catholic District School Board
t/Mayor Wayne Thom ,son
Mr. Gary Pillitteri, MP
Mr, Bart Maves, MPP
Petition to Install Automatic Gates to Railway Crossiag No. 31, Niagara Falls ·
Prepared and S~ by the Cardinal Newman Parent Council
on',behaI~ol~the Cardinal Newman School Commmfity
Name/ : Relationship/
Address O~cupation Phone. Signature
Petition to Install Automatic Gates to Railway Crossing No. 31~ Niagara Falls
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Communi ,ty
Name/Address Relationship/ Phone I Signature
Occupation
Petition to Install Automatic .,Gates to Railway Crossing ~qo. 3 l, Niagara Falls
Prepared mai Sutmdt~ by the Cardinal Newman Parent Council
on. belaalf-ot~the'Cardinal Newman :School Community
Name/ : Relationship/
Address Occupation Phone Signature
,v, , : ,. o (~ . ,
'Petition to Install Automatic Gates.to Railway Crossing No. 3 I, Niagara Falls
Prepared aad Submitted by the Cardinal Newman Parent Council
on:be~al~-o~a6'Cardinal Newman :School Connnunity
Name/ : Relationship/
Address Oecupation Phone. Si~nature
Petition to Install Automatic Gates to Railway CrOssing No. 31~ Niagara Falls
Prepared and Submitted b~ the Cardinal Newman Parent Council
On Behaff of the Cardinal Newman School Community
Name/Address . Relationship/ Phone Signature
occupation . ,
Petition to Install Automatic Gates.to Railway Crossing No. 31, Niagara Falls
Prepared and S~ by the Cardinal Nevanan Parent Council
on:behaI~o~flae Cardinal Newman School Community
Name/ : Relationship/
Add~ess Oa~ation Phone. Signature -.
Pet/tion to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Submitteff :by the Cardinal.Ne~vman Parent Council
on-hehalfof~e Cardinal Newman :School Commtmity
Name/ : tt. etafionship/
Address Oeeupation Phone Signature
Petition to Install Automatic Gates-to Railway Crossing No. 31, Niagara Falls
Prepared and Sub~tt~ by the Cardinal Newman Parent Cotmcil
on:heh-a~O CardLual Newman School Community
'Petition to InStall Automatic,Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Subixdtt~ by the Cardinal.Newman Parent Council
on:beha~-oJtth6'Cardinal Newman School Community
Name/ : Relationship/
Address Oo~ation Phone. ,.S,,i~. ature
!1
'Petition to Install Automatic.Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Submittertby the Cardinal tqewman Parent Council
on:hehalf-ot:th~. Cardinal Newman School Community
Name/ : Relationship/
Address O~eupafion Phone. Si[~nature
/
Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Sub~rdttedby the Cardinal Newmau Parent CoUncil
on:behalf-o~lhe. Cardinal Newman School Community
Name/ : Relationship/
Address Oex~afion Phone.
Petition to Install 3,utomatic Gates to Railway Crossing No. 3 i, Niagara Falls
Prepared and Submitted by the Cardinal tqewman Parent Council
on:behaI~ot~lhe Cardinal Newman :School Community
'Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared.and S~ by the Cardiual Newman Parent Council
onbehah~-of~e'Cardinal Newman :~hool Commun/ty
Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Suhait~by the Cardinal Newman Parent Council
on:behaff-oltth6'Cardinal Newman School Community
Name/ : ll:~lationship/
Address , Oe,~pation Phone. Signature
.~z.a,~r~e_ ~-o¥ [o~t; C[o~37,.l,.t 7~
,., - ~__ ~,/~ ............
Name/Address Relationship/ Phone Signature
. Occupation . ,
Petition to Install Automatic Gates to Railway Crossing No. 31~ Niagara Fall~
.Prepared and SUbmitted by the Cardlnn! Newman Parent coUncil
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
On l~enalt oI tile ~flrnlnal INewman ocnool ~ommum~y
Name/Address Relationship/ Phone Signature
Occupation
I ¥~4¢ ~'~,s.~ ?¢e.,/~'b. 3'2 t .-8 7q ~
Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Submitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Communi .ty
Name/Address RelationshiP/ Phoae ~'~ Signature
Occupation
' F'
Petition to Install Automatic Gates to Railway Crossing No. 31~ Niagara Falls
Prepared and SUbmitted b,~ the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation ' -
Name/Address Relationship/ Phone Signature
7'.'!.~q~-~ " ..... ~ .
Petition to Install Automatic Gates to Railway Crossin~ No. 31, Niagara Falls
Prepared and SUbmi,tted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
~ ' .
- t
Prepared and SUbmittcu ~,, ., ~...~a, ~ewm~n Parent CoUncil
On Behalf of the Cardinal Newman School community
Name/Address RelationShip/ Phone Signature
~ ~ i Occupation ., ~(/~
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone ~g~ature
Occupation
Prepared and SUbmitted by the Cardinal Newman Parent. Collneil
On Behalf of the Cardinal Newman Schoo! Communit3!
Name/Address Relationship/ Phone Signature
Occupation
- On Beh~f of the Carainal Newman School Communi .ty ....
Name/Address Relationship/ Phone Signature
Occupation .
Prepared and Submitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Petition to Install Automa. t?c Gates to Railway Crossing No. 31, Nia~.ara Falln
Prepared and SUbmitted by the Cardinal Newman Parent Col~il
On Behaff of the Cardinal Newman School Community
Name/Address . Relationship/ Phone Signature
Occupation
..Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Fall~
Prepared and SUbmitted by the. Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School CommunitT
Name/Address Relationship/ Phone Signature ·
~co'r~ ~l~44o~.-5' Occupation
Name/Address Relationship/ Phone Signature
~5~" I ' Occupation ,~-~ ,l
~rosslng 1'~o..31~ l~lagara l<all~
Prepared and SUbmitted o.~ ._ aal Newman Parent Council
On Behalf of the Cardinal Newm,,,~ o~ehgol Community
Name/Address Relationship/ Phone ' Signature
Occupation
Petition to Install ~,., ~rossing No. 31~ Niagara Falls
Prepared and SUbm~tte,~. ,~.,~,. ,al Newman Parent Council
On Behalf of the Cardinal Newmau $ch0o. l Community
Name/Address Relationship/ Phone Signature
Occupation
On Behalf of the Cardinal Newman School Community
Nan:e/Address RelationshiP/ Phone signature
Occupation
Petition to Install Automatic Gates to Railway Crossing No. 31~ Niagara Fall
Prepared and Submitted by the Cardinal Newman Parent Counell
On Behalf of the Cardlnnl Newman School CommunltT
Name/Address Relationship/ Phone Signature
Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared and Submitted by the Cardinal Newman Parent Council
On Behalf'of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Name/Address Relationship/ Phone ....... Signature
Occupation
Prepared and SUbmitted bY the Cardinal Newman Parent Counell
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Falls
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Name/Address Relationship/ Phone Signature
, Occupation
............ ,,,~l,x~a~ ~Jat~s ~0 lqtallwa Crossin No; 31 Nin ara Falls
Pre areal and Submitted b the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Communi
Name/Address . Phone ~
Occupation
Signature -
Petition to Install Automatic Gates toRailw~y~ cr~ng No. 31, Niagara Fnll~:
Prepared and ' ' ·
Submitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
On Belaal~ or' tile car~lmal'lq ewman ~cnool uommunxty
~Name/Address Relationship/ Phone Signature
Occupation · ,
Petition to Install Automatic Gates to Railway Crossing No. 31~ Niagara Falla
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
~r~,~ r~c~o~u~.c C~F~NO~vff~
Petition to Install Automatic Gates to Railway Crossing No. 31, Niagara Fall.~
Preoared and Submitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Petition to Install Automatic Gates to Railway Crossing ~o. ~x~ lnmgara
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman Scfiool Community
Name/Address Relationship/ Phone Signature
Occupation
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Petition to Install Automatic Gates to Railway Crossing No. 31~ Niagara Falls
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behaff of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
l'ention to install Automatic ~ates to Kanway crossing 1~o. ~i, l~mgara l~aus
Prepared and Submitted by the Cardinal Newman Parent Council
On Behaff of the Cardinal Newman School Community
Name/Address . Relationship/ Phone Signature
Occupation
qTqU~ ~Oo r-ac
Name/Address Relationship/ Phone Signature
Occupation
Petition to Install Automatic Gates to Railway Crossing No. 31, Niao. nra Fall.~ ~
.Prepared and SUbmitted by the Cardinal Newman Parent Council
.On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
Petition to Install Automatic Gates to Railway Crossing No. 31, NiaEara Falls
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
. or.
Petition to Install Automatic Gates to Railway Crossing No. 3L Ni~i~ara Falls
Prepared and SUbmitted by the Cardinal Newman Parent Council
On Behaff of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
~-°~'~~ ~ · ~.,.. , Occupati0n
FetltlOn tu x.~a. ~-xu~oma*~ tzatg~ tO ~anway~Crossmg lno. 31, Niagara Falls
Prepared and Submitted by the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School COmmunity
Name/Address Relationship/ Phone Signature
Occupation , ,
Prepared and Submitted b~ the Cardinal Newman Parent Council
On Behalf of the Cardinal Newman School Community
Name/Address Relationship/ Phone Signature
Occupation
The City of ~J~l~
Niagara Falls
Community Services Department
Municipal Works - Traffic and Parking Services
4310 Queen Street
P,O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Mr. J. F. McLeod,
Officer Regulatory Affairs
Engineering Services, Public Works
Canadian National
277 Front Street West
Toronto, Ontario M5V 2X7
Ed Dujlovlc, P, Eng.
Director
Tel: (905) 356-7521
Fax: (905) 353-0651
E-maih kdren@city.niagarafalls.on.ca
i~ ?3fto~ember 10, 2000
,ii il!It"
Beaverdams Road, Level Crossing, Mile 27.15 on the Stamford Subdivision &
Drummond Road~ Level Crossing Mile 29.71 on the Stamford Subdivision
Dear Mr. McLeod:
City Council recently directed staff to investigate the installation of vehicle crossing gates at the
two crossing locations stated above.
In 1999, the City along with Region of Niagara, CN Rail and Transport Canada Officials met to
review two railway crossings (Beaverdams and Morrison) to determine whether vehicle and
pedestrian gates could be considered for installation. The City had also requested the review of
two other crossings (Drummond and Montrose), however, these reviews were not undertaken due
to time constraints. Since that meeting, Beaverdams Road, Morrison Street and Drummond
Road have been transferred from the Region of Niagara to the City's jurisdiction.
Your letter of March 9, 1999 indicated that gates are not warranted at the Beaverdams crossing
and suggested the installation of maze barriers, the possibility of re-introducing train whistling
and also, that you would not object to the installation of pedestrian warning signs. Now that
these roads are ,under the City's jurisdiction the City will be considering the installation of beth
the maze barriers and the warning signs for both the Beaverdams and the Drummond Road
crossings.
Therefore, in response to City Council's request, we would like to request your consideration for
the installation of both vehicle and pedestrian gates for the two crossings in question. Could you
please provide information on the following items:
1) Warrants for installation and costs of both vehicle and pedestrian crossing gates.
2) Who is Junior/Senior at both crossings.
3) The Number/Schedule of Trains that cross each day at both crossings.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
Pi
TUESDAY, AUGUST 29, 2000
The Review
__-=.OPINION::
Published by Hollinger Canadian Newspapers, L.E
4801 Valley Way, Niagara Falls,
Ontario, Canada L2E 6T6
TeIephone 358-5711 in Niagara Falls,
871-5771 in Fort Erie
Business Fax 356-0785
Editorial Fax 374-0461
"~--~ile this one under "an ounce of prevention."
sen ~--{'There is a railroad crossing on Beaverdams
~ .~_ Road, just east of Kalar Road where a tragedy is
pec waiting to happen.
pR At that point, the CNR line crosses Beaverdams at
~ about a 45-degree angle. There are flashing lights to
wh warn motorists of approaching trains, but there are no
Co: barriers to prevent drivers from ignoring the lights and
the.- crossing the tracks.
I The angle of the tracks makes it more difficult for
for . drivers to see if there's anything coming. To look both
adi ways down the tracks, a driver has to crane his or her
the neck looking way forwards one direction, and way
P~ back the other direction. Tall weeds on either side of
the road don't help.
d~ Ideally, of course, drivers should obey the lights, wait
for the approaching train, then go.
ad,
de
ja
ita
of
tO1
ESTABLISHED IN 1879
David Beattie, Publisher and Gerleral Manager
Managing Editor- Michael Brown
Advertising Manager - M~ ark Holmes
Circulation Manager - Bob Thwaites
Art ~'rector / PrePress Manager - Joannt Moreau
Pressroom Manager- Shane Moon
Train crossing needs work
On a recent morning, however, a driver slowed at the
tracks, crept up to see if anything was coming, then
(yikes!) had to back up to get out of the way of a train.
The driver was almost on the tracks by the time the
train came into view, partly because of the angle, part-
ly because of the tall weeds. As it happened, the train
consisted of two engines and no other cars, and was
not travelling as fast as they sometimes do in the area.
A slightly less timid driver, a slightly earlier or faste~
tra/n, perhaps slightly taller weeds and we col!ld be
lamenting a loss of life today.
We urge the appropriate authorities to take whatever
action necessary, to make sure that doesn't happen.
Weeds can easily be cut. And although railway crossing
barriers are expensive, what price do we put .on lost
lives? - Michael BroWn
Racism eru
Germany,
"What are you doing here in Otle daj
Germany," asked the three drnnken
youths when they ran into Alberto col~rt
Adrlano in Dessan one Saturday night damage
in June.
"I live here," Adtiano might have who
replied, but he didn't get the chance.
The three were still rhythmically kick- aJ er a
hag and stamping on his head with
their steel-capped boots and chan~Sng, Mahlo*
"Get out of our country, you mgger severely
pig" when the police pulled up and
arrested them. iFl the s,
Adriano was born ha Mozambique,
but he came to what was then East -
Germany in his early '20s and had too, but R
lived and worked in Dessan nearly half safer in B~
his life. He spoke fluent German, and eastern G
was married to a German woman with racial attm
whom he had three children/He died frequent t~
three days aRer the attack without East Gert
reg~ining conSciousness.
Adriano's skinhead
· killers went on trial on
Aug. 22, with Germany's
chief federal prosecutor,
Kay Nehm, leading the
prosecution personally.
Germany is considering a
legal ban on the nco-Nazi
National Party of
Gwynne Dyer
Germany (NPD), whose
members are involved in a OPINION
high proportion of attacks
on racial minorines and foreigners, still one
and Chancellor Helmut Schroeder is European
spending two weeks touring the areas of over
of former Communist-ruled East "CeltlcTi
Germany where the far right is lng thre
strongest and the racist violence is European
These responses woul~ be more But th,
reassuring, however;if the xenophobia These ar,
~Jo0~
EngilteeringSenrices
Pu§lic Works
Canadian National
277 Front Street We~
To~oflto Ontario
MSV.2X7
09 March 1999
4710-SFD-29.30
Mayor Wayne Thomson
City H~II
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Your Worship:
Subject: Review of Safety Issues - Morrison Street and
Beaverdams Road Crossings - CN Stamford
Subdivision
This has reference to your letter 12 January 1999 in which you requested
Canadian National review the tragic incident that occurred 'at the Morrison Street
crossing with the intent of identifying measures which may prevent a similar
occtLrrence.
On March 1 1999, after CN had visited both the Morrison
crossings, site meetings at each of the crossings were held involvLng
representatives of the Region of Niagara, City of Niagara Palls, Transport Canada
and Canadian National.
The Morrison Avenue pedestrian crossing currently employs a warning system
consisting of flashing light sigmflS and a bell. In addition the sight'lines in both
directions are extremely good. Fencing along Morrlson Avenue and on the north
side of the crossing is in excellent shape and guides pedestrians to the crossing.
The crossing surface, which is asphalt, needs repairs and the Track Supervisor
will be contacting the Region concerning the possibility of installing a rubber
surface similar to that in use at the Beaverdams' crossing.
CN explained to the parties present that the addition of automatic gates at
pedestrian crossings was not an enhancement that either the Railway or
Transport Canada identified as a warranted safety measure. In fact, although
there are locations where they have been installed, (three locations in the
Mississauga area where the Canadian Transport Commission (now Transport
Canada) installed them as a pilot project in 1986), the P~lil~,aY'$'~e'~d~. faiied tc~i
i~d_.en~y' a43..y.~t.~r location ~ .h.e.re:[~edes~t~_'i~n g~.te~...h..adi~en installed' in' th, last
The installation of a pedestrian overpass or underpass would be extremely
expensive with the entire cost being the responsibility of the City. There is no
federal funding available for this type of venture. In addition it has been found
that the public, particularly seniors; do not use overpasses and will go out of their
way, (trespass), to avoid them. Underpasses have their own problems in that
they must be constantly policed and lit for obvious reasons.
.:~'~Lm_RailWay. and 'Tr~u3.spgtt Canada both suggested that ~the installation of a maze
_..type_ barrier, wi.~ funnel .f~.n....cin~~ Would be' ~he. 0i~ly .ire~q..m..me. fic}ed and needed
~nha!3ce..m.e.n.L The installation of this type of barrier is used as an effective means
to slow down bicyclists and/or skateboarders, roller blade_rs, etc. while at the same
time allowing normal passage. In addition, if it is felt the safety of pedestrians is
still being jeopardized then it might be beneficial to re-institute the blowing of
the whistle in accordance with Canadian Rail Operating Rule 14L at the otossing.
'ii'..The' BeaVerdams .Rc~ad.'pedeStri.an...crosSii~gi'is constructed'in .the more typical
manner, paralleling the road and employing the same flashing lights and bell that
the r0'ad uses as a warning system. Sight lines at this site are also extremely good.
The crossing surface is rubber, however it does need widening and the Track
Supervisor will be contacting the Region concerning this work.
' Maze-barriers .gn d-fencing- were., again :r~commen~ied: at. thi.!..!0~t20n In addiUon
a second bell will be located on the sidewalk side of the road in order to better
alert pedestrians of an approaching train. Whistle blowing is another option the
City may wish to consider if pedestrian safety is still considered to be in jeopardy.
The City brought up the possibility of posting signs on the approaches to the
crossing warning of the danger. CN does not object to this type of signing and in
fact encourages the local municipalities to participate in warning the public of the
dangers at railway crossings.
Public education and awareness is an essential element in reducing tragedies
such as the inddent at Morrison Road. In tlxis respect, Operation-Lifesaver
presentations have already been made at two of the local schools and additional
presentations are available through Special Agent Frank Binder whom can be
reached at 416-217-2598.
Pagm 2
If you require any further information please telephone the undersigned at (416)
217-6627.
Yours truly,
CC:
Mr. O. D. Galarneau
Chief Engineering
Transport Canada
20 Toronto Street
Floor 6,
Toronto, Ontario
Msc 2B8
Mr. B. McInrtis
Supervisor, Servicing Review and Approvals
Public Works Depaa:tment
The Regional Munidpality of Niagara
2201 St. David's Road
PO Box 1042
Thorold, Ontario
L2V 4T7
Mr. K. I. Dren C.E.T.
Manager of Parking and Traffic
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Fails, Ontario
L2E 6X5
According to information provided by Transport Canada irtformation on "Z"
Barriers is available in TAC's Urban Supplement to flae Geometric Design Guide
for Canadian Roads.
Page 3
Mrs. Pamela Ga&by-Jones
5975FranklinAve
Niagara FaBs, Onm~5o
905-356-59i3
17thMay2001
Thc Chief Clerk,
Niagara Falls City Council
4301 Queen St.
Niagara F~s, Ontario
L2E 6X5
Dear Sir,
On behalf of the Niagara Network for Global Justice I submit our request to address the
Niagara Falls City Council on the subject of the GeneralAgreement on Trade in Sera,ices (GATS).
Council of Canadiam which has been endorsed by the Regional Municipality of Niagara.
Niagara Network for Global Justice
The City of
Niago,:,
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-maih nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-5t
June 11, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-51, Appeal to Zoning By-law 2001-80
AM-13/99, Jeffrey Denningtou, Lyon's Parkway
RECOMMENDATION:
It is recommended that Council reaffirm, by resolution, the passing of By-law No. 2001-80
and forward to the Ontario Municipal Board.
BACKGROUND:
The City has received an appeal to Zoning By-law No. 2001-80 (see attached). The by-law would
provide for the construction of a single detached dwelling and accessory structures on a parcel of
land shown on the attached Schedule 1. The appellant's letter of appeal is attached as Schedule
2. The appellant states the proposed by-law contravenes an earlier arrangement to investigate
closure of Lyon's Parkway at Lyon's Creek Road and that approval of this by-law increases the
hazards and concems by further increasing traffic volume at the intersection.
The City is required by the Planning Act to forward the appeal and other applicable information
within 15 days of the receipt of the appeal to the Ontario Municipal Board (OMB). The OMB
requires Council's position to be submitted with the appeal. In forwarding the appeal to the OMB
staff advised the Board that the Council resolution will be forthcoming after June 11, 2001.
}Forking Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems Legal Planning & Development
June I1, 2001 - 2 - PD-2001-51
CONCLUSION:
Council passed By-law 2001-80 in accordance with the requirements of the Planning Act and
based on staWs recommendation, comments from various agencies and individuals, together with
submissions made at the public meeting. A resolution of Council to reaffirm the passing of By-law
No. 2001-80 is required.
P~q~ared by:
David Heyworth
Planner 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DH:am
Attach.
S:XPDR~200 I~PD2001-51 .wpd
SCHEDULE 1
Amending Zoning By-law 79-200
Subject Land
Location Map
Part o£Township Lot 19, Concession 3
[n the former Township o£ Willoughby,now in
The City o£Niagara Falls, in the Regional Municipality
of Niagara shown partly as Part I on Re£erence
Plan 59R-9198
AM- 13/99
SCHEDULE 2
~ECEIVED
PLANNING
DEVELOPMENT
No.
Moved by Alderman
Seconded by Alderman
June 11, 2001
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the
passing of By-law No. 2001-80, a by-law to permit the construction of a single detached dwelling and
accessory structures.
AND The Seal of the Corporation be hereto affixed.
E. C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
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: planning@city.niagarafalls,on,ca
June 11,2001
Doug Darbyson
Director
PD-2001-52
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re'
PD-2001-52, Request for Removal of Part Lot Control
Shane Crescent
Blocks 2 & 3, Registered Plan 59M-279
RECOMMENDATIONS:
It is recommended that:
1)
Council approve the request and pass the appropriate by-law to designate Blocks 2 &
3, Registered Plan 59M-279, as exempt from Part Lot Control; and
2)
the applicant be required to notify the City when the separate deeds, as described in
this report, have been registered in order for the by-law to be repealed.
BACKGROUND:
In a letter dated May 22, 2001, Ms. Bev Hodgson submitted a request on behalf of the owner to
remove properties on Shane Crescent from Part Lot Control (see attached letter and location map).
This process enables the division of lots or blocks within a registered plan of subdivision. The
general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the
separation of semi-detached or on-street townhouse units.
PLANNING REVIEW:
The subject land is within the St. Paul Court plan of subdivision which was registered in September
2000. Building permits have been issued for the on-street townhouses constructed on the properties.
Through the construction process, separate connections for watermains and sewer laterals were
provided for each unit. The attached Reference Plans (59R-11409 and 59R-11413) show the
configuration of the lots, foundations and centreline of the common wall between units. Additional
information indicates existing and proposed easements as well as areas of overhanging eaves which
Working Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems · Legal Planning & Development
June 11, 2001 - 2 - PD-2001-52
could be addressed through maintenance agreements between future property owners. The land is
appropriately zoned R3 (Residential Mixed) through By-law 2000-38 and the development satisfies
zoning by-law provisions. Approval of the Part Lot Control by-law is required so that property lines
can be created between the dwelling units to allow their sale with each unit having a separate deed.
Part Lot Control by-laws were approved in October 2000 for Blocks 1 and 4 within the subdivision.
CONCLUSION:
The removal of Part Lot Control will permit the division of the land to allow separate ownership of
each townhouse unit. The use of this Planning Act mechanism is appropriate in this case. The
applicant should advise the City when the land transactions described in this report have been
completed in order to repeal the Part Lot Control by-law.
If Council approves the recommendations of this report, the appropriate by-law to designate the land
as exempt from Part Lot Control is included in tonight's Council agenda to allow the sale of the units
to be completed as soon as possible.
Prepared by:
Richard Wilson
Planner 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
Attach.
FILE: S :kPDRk200 DPD2001-52.wpd
5444 ~ctoria Avenue,
Niagara Falls, Ontario
L2G 31.2
B. Comm., LL.B.
Barrister & Solicitor
Tel: (905) 354-1600
Fax: (905) 354-0171
May 22, 2001
CITY OF NIAGARA FALLS
CITY HALL
4310 QUEEN STREET
NIAGARA FALLS ON L2E 6X5
ATTENTION: RICK WILSON
Dear Mr. Wilson:
RE: Blocks 2 and 3, 59M-279
City of Niagara Falls, Ontario
Further to our discussions, please accept this as my request for the removal of part
lot control over Blocks 2 and 3 on 59M-279. I enclose my finn cheque in the amount of
$200.00 payable to the City of Niagara Falls, representing the fee for same.
Yours truly,
Bev Hodgson
BH:ma
Encl.
HAY 2 2 2001
PI.AN, NING
& DEVELOPMENT
Removal of Part Lot Control
Shane Crescent
Blocks 2 & 3, Registered Plan 59M-279
Location Map
Subject Land
BLOCK
Part. of S[amford To~sh~p
B · 'L O] C K
PLANI' 59M .,~ - 2?9 ~ ~ ~tail 'A'
..... I , ,,~ ~, ~E. ¢' I ' ' - ·
~----.-.~¢~ ~'~ ) .... ,~ i ~ .... ¢~ // ~.~1 BLOCK 2
m ~ ~ ~'~
I Detail B'
Corporate Services Department
The Ci /of
Niagara Falls
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-53
June 11, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-53, Willoughby Land Use Study
RECOMMENDATION:
It is recommended that Council authorize staff to host an open house whereby the consultants
will present their findings and recommendations for the Willoughby Land Use Study.
BACKGROUND:
Hynde Paul Associates was hired to undertake the Willoughby Land Use Study in order to determine
development opportunities and appropriate land use with corresponding policies within the former
Township of Willoughby south of Chippawa, between the QEW and Niagara Parkway. The study,
funded by the City, Region and Niagara Parks Commission, was undertaken to address anticipated
development pressures and opportunities from the Niagara Parks Commission golf course
development.
Several meetings were held with the consultants and staff from the three participating agencies to
discuss concepts &land uses and corresponding policies. An Open House was conducted by the
consultants to obtain input from area property owners early in the process. The consultants have
prepared draft policies which outline the development concepts and provide some guidance for
development.
The basic development concepts are as follows:
1. Estate Residential Development
A designation will be established to provide for estate residential development. Areas
identified as having potential for estate development are located along the Niagara Parkway
as well as east of Willoughby Drive and north of Miller Road, adjacent to the Parks
Commission golf course. Within these areas there should be a range of lot sizes up to 5 acres
with a minimum lot area of 2.5 acres, The intent of the policies is to blend the development
with the rural landscape and natural features as much as possible.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal Planning & Development
June 11, 2001 - 2- PD-2001-53
The policies propose some in-depth cul-de-sac development off the Parkway. The
consultants have indicated these would be only isolated opportunities for such development
along the Parkway. The estate Residential area would be designated as Rural in the Regional
Policy Plan.
2. Deferred Urban Area
Currently, the area south of Chippawa, north of Marshall Road between the QEW and
Usshers Creek, is designated as Rural in the Regional Policy Plan. This Rural area is
identified for long term future urban boundary expansion and is to be designated Deferred
Urban in the Region and City's plans. Policies will be developed to protect those lands for
long term growth by minimizing land fragmentation or the establishment of new livestock
operations so that urban expansion potential will not be encumbered.
3. QEW Nodal Development
The consultant proposes to delineate development nodes at the Lyon's Creek, Sodom Road
and Netherby Road interchanges with the QEW. These nodes would serve as "Gateways"
to take advantage of the QEW as an important transportation corridor linking the area with
other centres in the Region, Southern Ontario and United States Markets. These nodes could
capture tourist commercial, recreational, highway commemial or industrial uses subject to
Official Plan and Zoning amendments with Site Plan approval. Planning policies would
limit short term development to private servicing capabilities and provide for long term
expansion tied to the extension of urban services. Any development must adequately protect
environmental features and address land use compatibility issues. These conceptual nodes
establish a "window of opportunity" to consider development around the interchanges~
4. Rural/Agricultural
The Rural/Agricultural area refers to the lands lying outside of the Parkway and Estate
Residential Area, Deferred Urban Area and QEW Development Nodes and those lands
designated Environmental Protection. The consultants propose that this area retain much of
its current character, permit agricultural activities (including greenhouses), agfi-tourism uses
located on the same property as an agricultural operation, forestry, conservation, and existing
non-farm residential uses. Recreational commercial uses including golf courses, driving
ranges, campgrounds, small scale industrial and commercial uses and stand-alone agd-
tourism uses are listed by the consultant as possible uses which could be considered subject
to a zoning amendment to ensure they are compatible with the rural environment.
The consultant proposes that severances be permitted on a case by case basis to protect the
rural environment and natural features. Non-farm residential development is proposed to be
permitted on an infilling basis only in this area.
June 11, 2001 - 3- PD-2001-53
5. Natural Features
The consultants propose amendments to the Environmental Protection Area (EPA) policies
to address Provincial Policy Statements. The consultant recommends specific woodlot
features greater than 40 hectares be designated as EPA's as well as Regionally Significant
Areas of Natural and scientific interest including the Waverly Woodlot, Willoughby Drive
Woodlot, Willoughby Marsh and Boyer's Creek Bush.
In addition to Environmental Protection Areas, the study also recommends the protection of
other natural features such as hedgerows which provide a linkage function and woodlots
between 10 hectares and 40 hectares (25 - 100 acres) in size. In these cases, woodlots should
be incorporated into the design of the development to the greatest extent possible through
tree preservation plans.
6. Servicing
The consultants conclude that the estate residential development be serviced by private
individual on-site systems. Communal sewage and water supply systems servicing
residential condominium developments are also proposed by the relevant agencies. In
general, all development will depend on private services. The consultant proposes that the
extension of municipal services to nodal areas should be considered over the long term to
optimize land use in these areas. Such consideration would be the subject of further study
between the City and Region.
The consultant is also proposing that where development within the Parkway and Estate
Residential and QEW interchange nodal areas is considered, traffic impact studies would he
required.
PUBLIC PROCESS AND COMMENTS:
The consultant has submitted a policy framework which provides a scenario as to the type of
development they envision for the study area. Staffis requesting that a public meeting be arranged
so that the consultant can present his findings to Council and the public in more detail. Once
comments are received and considered, staff can report to Council with appropriate
recommendations on the consultant's findings.
STAFF COMMENTS:
At this stage, staff feels there are considerable wording refinements necessary to clarify and
strengthen draft policies. It is also staffs opinion that further consideration may have to be given
to how the boundaries of estate residential development will be established. With so much
development potential being contemplated on private services it is important that such development
be sustainable over the long term and contingency measures be incorporated in the process.
June 11, 2001 - 4 - PD-2001-53
CONCLUSION:
The consultants have prepared a policy framework which can be presented to the public for
comment. Further policy refinement and issue deliberation is necessary, but public feedback would
be beneficial at this stage.
David Hey~vorth
Planner 2
Recommended by:
oug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DH:am
Attach.
FILE: S 5PDR~2001XPD2001-53 .wpd
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
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: nfpla n@city.niagarafalls.on.ca
June 11, 2001
Doug Darbyson
Director
PD-2001-54
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-54, Appeal to Zoning By-law No. 2001-90
AM-03/2001, 6546 Fallsview Boulevard
Proposed Addition to Days Inn Hotel
RECOMMENDATION:
It is recommended that COuncil reaffirm, by resolution, the passing of By-law No. 2001-90.
BACKGROUND:
The City has received an appeal to Zoning By-law No. 2001-90 from Helias Enterprises Limited.
The by-law would permit a one-storey addition to the Days Inn Hotel. There are several reasons
for the appeal, which are attached, but can be sarnmarized as follows:
1. By-law No. 2001-90 does not represent good planning.
2. The Zoning By-law does not enhance the intersection of Portage Road and Fallsview
Boulevard as required under the Official Plan and the Tourist Area Development Strategy
(TADS).
3. The allocation of additional height may only be allocated if the proposed development
adheres to the intent of the Official Plan and applicable design criteria.
4. The Zoning By-law does not reflect or achieve an appropriate urban design for the
properties abutting Portage Road at the subject site as required under the Official Plan.
5. The Zoning By-law does not comply with the minimum setback requirements or separation
distance contemplated by the Official Plan and required by the TADS.
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Clerk's F/nonce Human Resoumes · Information Systems · Legal Planning & Development
June 11, 2001 - 2 - PD-2001-54
The Zoning By-law does not ensure that the proposed development will be carefully sited
to enhance the skyline, the public realm and the pedestrian environment.
The Zoning By-law does not mitigate adverse impacts such as the encroachment of views
or increased wind impacts.
The Zoning By-law was enacted without the consideration of comprehensive plans for
landscape, site and streetscape treatments along Portage Road.
The Zoning By-law was passed on the basis that the non-conformance of the setback and
building separation distances was minor in nature.
The City is required by the Planning Act to forward the appeal and other applicable information
within 15 days of the receipt of the appeal. The Board requires that Council's position be
submitted with the appeal. However, in this case, the appeal and supporting material has akeady
been forwarded to the Board in order to meet the 15-day time limit. A copy of this report and the
resolution will follow under separate cover.
CONCLUSION:
Council passed By-law No. 2001-90 in accordance with the requirements of the Planning Act and
based on staffs recommendation, comments fi.om various agencies and individuals, together with
submissions made at the public meeting. A resolution of Council to reaffirm the passing of By-law
No. 2001-90 is required.
Planner 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
s~Tony Ravenda
Executive Director of Corporate Services
JB:tc
Attach.
S:~PDR~2001 ~PD2001-54.wpd
NO.
Moved by Alderman
Seconded by Alderman
June 11, 2001
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the
passing of By-law No. 2001-90, a by-law to permit an addition to the Days Inn Hotel.
AND The Seal of the Corporation be hereto affixed.
E. C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
IN THE MATTER OF the Planning Act R,S.O. 1890 c. P, t3 as
amended
AND IN THE MATTER OF Zoning By-law no, 2001.90 of the
Corporation of the City of Niagara Falls, being a By-law to apply
new site specific provisions to the lands located on the north
east comer of Fallsvlew Boulevard and Portage Road to permit,
inter alia, a 16 storey expansion to an existing 2 storey portion
(18 storeys in total) dtmctly adjacent to Portage Road
NOTI(;:E OF AP, pEAL
TAKE NOTICE THAT Hellas Enterprises Limited hereby objects to the
passing of Zoning By-law No. 2001-90 by the Corporation of the City of
Niagara Falls and appeals the passing of Zoning By-law No. 2001-90 to the
Ontario Municipal Board pursuant to the provisions of ~e Planning Act.
In particular, Hellas Enterprises Limited objects to the site specific
provisions that will permit a16 storey addition to an existing 2 storey portion
(18 storeys In total) on the south side of the building directly adjacent to
Portage Road.
THE GROUNDS UPON VVHICH THE APPELLANT RELIES ARE AS
FOLLOWS:
HAY 2 3 2001
PLANNING
1. The Zoning By.law does not enhance the Intersection of Potage
Road & Fallsvlew Boulevard as required U'nder the'Official Plan and ·
the Tourist Area Development Strategy adopted by Council.
Streets and streetscapes are a vital part of the vision and strategy fo~
the development of the area around the su.b. Ject site. Portage Road, Is
a Falls access street. It provides one of the most Important.entry
points to the Falls, the Incline railway and to the Fallsview Tourist
District. Pedestrian and vehicular circulation to and from these areas
Is essential to the planning of the intersection. The urban design, the
streetscape and the set backs adjacent to the intersection and on
Portage Road must achieve excellence In design and in a pedestrian
environment along Portage Road. The By-law does not ensure that
the development abutting Portage Road is consistent with the Design
Criteria for a Falls access street or that the intersection of Portage
Road and Fallsview Boulevard is enhanced as required under the
Official Plan and the Tourist Ama Development Strategy adopted by
Council.
2. The Official Plan restricts building heights within the tourist area to
four storeys In accordance with the provisions of the existing
3
zoning By-law. The allocation of additional height may only be
allocated if the proposed development adheres tO ~he Intent of the
Official Plan and applicable design criteria.
The additional height authorized by the Zoning BT-law for the 16
storey addition immediately adjacent to Po, rtage Road did not adhere
to the Official Plan's requirement for comprehensive built form
regulations or compliance With applicable design criteria. Further, it
was authorized without two key planning studies - an urban design
study of Portage ROad and the City's Streetscape Masterplan Report-
. being available to Council or the Publicwhen the proposed
development was considered.
3. The Zoning By-law does not reflect or achieve an appropriate urban
design for the properties abutting Portage Road at the subject site
as required under the Official Plan.
Under the policies of the Official Plan, it is the duty of Council to
ensure that an appropriate urban design for Portage Road is in place
and that new developments abutting Portage Road are consistent
with the Design Criteria for high rise developments and Falls Access
Streets. There Is a real and Immediate need for an urban and
· streetscape design study of the Intersection and of the area of
Portage Road adjacent to the subject site;'The need for the
immediate completion of these studies has been recognized through
this and other development proposals in the area. A study of the
Portage Road streetscape and urban design requirements should
have been completed prior to the approval of the Zoning By-law.
4. The Zoning By-law does not comply with the minimum set back
requirements or separation distances contemplated by the Official
Plan and required by the Tourist Area Development Strategy
· adopted by Council,
The zoning provlslons necessary for Implementing the Official Plan
policies contained In the Tourist Area Development Strategy adopted
by Council contemplate built form regulations with minimum front yard
setbacks of 3m and 6m at the 5 storey and 16 storey levels
respectively. Portage Road is considered to be a front yard. The
Zoning By-law does not meet the minimum setback requirements on
Portage Road, Specifically, there is non-conformance in the proposed
addition of 16 storeys In the south elevation fronting Portage Road.
The addition Is not in conformance with the required minimum front
· yard set back of 3 metres at storeys 5 to 15 and of 6 metres above 16
storeys. There may also be non-conformahce or c0hflict In the
separation between the siting of the proposed addition and the large
hotel structure across from it on Portage Road on the southeast
comer of same Intersection.
$. The Zoning By.law does not ensure that the proposed development
will be carefully sited to enhance the skyline, the public realm and
the pedestrian environment.
The policies of the Official Plan provide for a regulatory approach
which is focused on comprehensive built-form zoning regulations and
careful consideration of the overall environment. When the proposed
development Is considered together with the high rise development to
the South (i.e. The Ritz Motel), the Zoning By-law will contribute to
and result in development along Portage Road that will overwhelm
the public realm and pedestrians. These two developments will
collectively create a solid wall at the intersection and on top of the
escarpment. The wall will be punctuated only by the "hole in the wall"
created by the Portage Road road allowaace. The Zoning By-law fails
to reduce the relative massing of the hlgh rise development at street
$
· level or for some 18 storeys. The By-law falls to provide adequate set
backs from Portage Road or distance separations from high rise
development immediately to the south.
6. The Zoning By-law does not mitigate adverse Impacts, such.as the
encroachment of views the proposed development will create on
the views of other land owners (Including the appellant) or
Increased adveme wind Impacts.
(a) Views: The appellarff's lands to the west are the subject of
. a previously approved proposal for a high dse development. The
construction of the proposed 16 storey addition without set backs
adjacent to Portage Road adversely Impacts on the views of the
appellant. (The architectural peer review fails to consider this impact
or recommend controls.)
(b) Wind Impacts: The Wind Impact Study demonstrates thatthe
proposed development will increase the frequency of high winds.
Indeed, with the "wall of high rise development" created by this
development and the adjacent Ritz Motel project to }he south, the
speed and frequency of the winds is expected to increase through
the "hole in the wall,, that is created by Portage ROad. The non-
7
· compliance with setbacks will only contribute to adverse wind impacts
at grade and diminish the pedestrian environment.**
7. The Zoning By-law was enacted without the consideration of
comprehensive plans for landscape, site and streetscape
treatments along Portage Road.
The Official Plan and related development policies require the
submission of comprehensive and detailed site, design and amenity
plans at the zoning stage In order to assist Council and the
· community in determining the impact of a development proposal.
These were not provided, in part because the stuaies that might
guide these plans were not completed.
8. Tha Zoning By-law was passed on the basis that the non-
conformance with set back and building separation distances was
minor In nature and occurred at only one point or comer of the '
proposed t6 storey addition.
The extent of the non-compliance in fact impacts on the intersection
and on the entire southerly presentation of the addition. It encroaches
on views and c~eate$'increased wind Impacts, It contributes to the
wall effect of the adjacent high rise development and substantially
restricts opportunities to study and implement quali~y urban designs
and streetscapes as contemplated by the Official Plan.
9. By-law 200t.90 does not represent good planning.
t0. Such other grounds as the Appellant may advise and the Board
Dated at Niagara Falls Ontario thls 22"d day of May 2001.
~HELIAS ENTERPRISES LIMITED
Per: ,~ .~. ,..' ~' ' '
I haVe auth6dty to bind the corporation.
: HELLAS ENTERPRISES LIMITED-
5481 DUNN STREET
NIAGARA FALLS ON
L2G 2N6
'(9(~) 358-9353
THECITYOF
Guelph
INFORMATION SERVICES DEPARTMENT
CITY CLERK'S DIVISION
City Hall, 59 Carden Street
Guelph, Ontario, Canada N1H 3A1
Telephone: (519) 837-5603 Fax: (519) 763-1269
www.city, guelph,on,ca
April 23, 2001
Ms. L.E. Payne,
City Solicitor
Dear Ms. Payne:
At a meeting of Guelph City Council held April 17, 2001, the following
resolution was passed:
"WHEREAS the recent World Trade Organization (WTO)
meetings in Seattle to initiate "the Millennium Round" brought
public attention to the importance of trade issues to the quality
of life people experience in their local community. While the
meetings did not reach an agreement on an agenda for the
next round of WTO trade talks, discussions on the General
Agreement on Trade In Services (GATS) will still take place
over the next three years as part of the "built-in agenda"
agreed upon at the founding of the WTO in 1995. Discussions
on this agreement may result in the inclusion several of the
features of the now defunct Mulilateral Agreement on
Investment (MAI) opposed by Guelph City Council by resolution
on April 17, 2001;
AND WHEREAS, the proposed changes to GATS are of
concem to local governments as they could affect existing
jurisdiction and authorities and could also result in significant
administrative burdens and costs;
AND WHEREAS, the current GATS is a "bottom-up" agreement
(each affected sector such as Construction services, is identified),
but proposed changes to the agreement's structure (to a possible
"top-down" or "horizontal" structure) would expand the
Agreement's application;
AND WHEREAS, the Federal Government has neither alerted
nor consuRed local governments regarding these issues and as a
result, citizens and taxpayers of Canadian municipalities have had
little access to information and have also had limited access to
informed debates on the proposed changes to GATS;
THE CITY OF GUELPH
-Page 2-
THEREFORE, BE IT RESOLVED
1)
THAT Guelph City Council urge the Government of
Canada to consult extensively with the people of Canada,
especially and including municipal councils, before taking
any further action on the GATS;
2)
THAT the City of Guelph, while recognizing trade can be
beneficial impacts on our region, urge the Prime Min/ster
to have Canada file a permanent and explicit exemption
in the GATS limiting application to areas of Federal
jurisdiction to ensure the provincial, federal and municipal
jurisdictions maintain local flexibility and control over
the delivery of public services.
3)
THAT the Government of Ontario, convene the Legislative
Committee to hold public hearings on the impact of the
WTO/GATS and on Ontario municipalities, including an
invitation of the Federal WTO/GATS negotiator, to provide
background information and answer pertinent questions;
4)
THAT/he Government of Ontario establish a Trade
Advisory Committee for stakeholders for ongoing
consultation on international trade issues;
s)
THAT the Federation of Canadian Municipalities (FCM)
be urged to dedicate staff to morfitofing WTO discussions
and alert Canadian municipalities of any encroachment on
their jurisdictions;.
AND BE IT FURTHER RESOLVED THAT a copy of this motion
be:
circulated to the Member of Parliament representing
the City of Guelph with the request that she endorse
the City's action;
forwarded to other Ontario municipalities for their support;
made available to the public;
THE CITY OF GUELPH
-Page 3-
d)
forwarded to the Federation of Canadian Municipalities
Executive for endorsement."
*y~
CC. '
Mr. D.R. Creech.
Yours truly,
Lois A. Gile~
Director of Information Services/Clerk.
TO: Mr. W. Wagg, - City Clerk
FROM: Ines Lent (for Surfside Inn Motel)
SUBJECT: Proposal to change the name of MACKLEM STREET TO NIAGARA PARKWAY
On behalf of the property owners on Macldem Street, this is our request to change the name of Macklem
Street to Niagara Parkway.
In the day to day operation of our respective businesses we constantly encounter unnecessary difficulty
informing out of town patrons as to directions on how to locate us. All too frequently they are not able to
locale ns, give up and seek similar services elsewhere.
In a recent conversation with Mr. Brian Merrett, Chairman Niagara Parks Commission, he expressed
personal support for our suggestion and stated that ff Niagara City Council supported our proposal he then
would bring the matter up to his Commission for their consideration.
We also contacted Mr. Sherman Zavitz, City Historian who claims he is not aware of any significant
historical value in that location except of course the name which could perhaps be used later on elsewhere
in the Village of Chippawa.
We are requesting that this matter be placed on the City Council Agenda at your earliest convenience.
ey Fisher, Alderman
Art Fedemw, Alderman
Encl.
TO WHOM IT MAY CONCERN:
This is to advise that we are in full support of having the name of Macklem Street in the Historical
Village of Chippawa changed to "Niagara Parkway.
,~' Boat House Restaurant
TO WHOM IT MAY CONCERN:
This is to advise that we are in full support of having the name of Macklem Street in the Historical
Village of Chippawa changed to "Niagara Parkway.
SIGNED;
George Partheniou (Village Restaurant)
On behalf of 3779 Macklem St.
Dated:
Village of Chippa a C Uzen s Comm ftee
8z~20 Lamont Avenue, Niagara Falls, Ontario, L2G 6V8
J~05.£~$-4.o2 !
June 7, 2001
Mayor Wayne Thomson,
Niagara Falls City Council,
City of Niagara Falls,
P.O. Box 1023,
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Sirs: RE: MACKLEM STREET, CHIPPAWA
We were informed that Mr. & Mrs. B. Lint who own the Surfside Inn, Macklem Street, Chippawa,
have requested to the City of Niagara Falls and the Niagara Parks Commission to have MacMem
Street changed to Niagara River Parkway. We were told that the reason the Lint's wanted the
name change was because it was very confusing for their brochures. We feel it would be very
simple to change their brochures to Surfside Inn, Niagara River Parkway, Chippawa. This would
eliminate a name change because they are at the junction of Macklem Street and Niagara River
Parkway anyhow.
This name is a very significant historic name in Chippawa. The Macklems in this area had the
"Macklem Stone Foundry and the Macklem Tannery which was located near or at Macklem
Street.
After talking to Mrs. W. Hewitson the owner of the Lennox Cabins, who has been a resident longer
than anyone on that street, said she had not be notified of any changes to the name. She told us,
"two years ago Mr. & Mrs. Lint came to her and wanted to propose a name change for MacMem
Street." She then said to them, "it has always been MacMem Street," she then handed them one
of her business cards and said," Macklem Street is on it and that is the way it should be left."
Also, her son, who is a laywer, agrees with Mrs. Hewitson.
Our group, the Village of Chippawa Citizen's Committee feel that the historic names of "MacMem
and Cummings" were the basic founders of Chippawa. They should be recognized and
remembered as such for the heritage of Chippawa and not lost to history in a name change. This
is the only name to our knowledge where the name "Macklem" is acknowledged in Chippawa. We
feel the street should maintain the name "Macklem" and not lost in time.
Could you help us out on this issue, with the concerns this Committee and other Chippawa
Citizens. We sincerely hope you can help us to keep our heritage.
Yours truly
CC~
Darlene Willick
Secretary
Brian Merrett, Niagara Parks Commission
Niagara Falls City Council
W. Wagg, City of Niagara Falls
Art Federow, Councilor
File
May 30, 2001
Mayor Wayne Thomson
Niagara Falls City Council
City of Niagara Falls
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mayor Thomson and City Council Members:
Last year there was a proposal to put sidewalks on Gunning Drive. Up until this
date nothing has been mentioned about the sidewalks. But since this time there
has been two very near misses by motorists dodging the children. As you are aware
we are on a bus route and a fire route. When the fire truck answers to an alarm,
there are many volunteers racing to get to the fire hall. On a few occasions, these
volunteers were coming down Gunning Drive at the same time the children were
getting out of school. This is a very dangerous condition.
The reason for this letter is because I have overhead many of my neighbours talking
about the unsafe conditions of this street. We have children attending Sacred Heart
School and children attending Riverview and Rutland School. There would only be
8 or 9 trees to be removed to put in the sidewalks. These trees are also a menace
to all of the residents. The sewers are constantly being plugged by their roots.
I feel as a resident of Gunning Drive, people talk about what should be done, so I
feel it is my duty to let the City know the dangers of this street without the
sidewalks. Rather than talk about it could you seriously consider doing something
about this problem before a tragedy occurs.
Thank you
Concerned Citizen
cc:File
~H CANADA
G, ll N D Y"S ·
L.UND¥S LANE BIA · RO, BOX 260g~], NIAGARA FALLS ON L2G 7X6
Info Line 1-866-55 l-LANE · www.tourismniagara.com/lundyslane
PAGE 0i
FAX TRANSMISSION
To: Woody Wagg
City Clerk
City of Niagara Falls, Ontario
Fax: 905 356-0759
I~te: May 14, 2001
Re: Budget 2001
From: Jim Cooper, Treasurer
Fax: 905 374-1617
Phone: 905 374-1995
Please fred attached, The Lundy's Lane BIA budget as approved at the Annual General
Meeting in February.
PI.ANNINGMEET!NG dIJ/i i, i
Le~ C.~e jim Coo~r Li~a Smi~ GJno Msz. t&rell~
gOS 356-I I(g. e~. ~ 905 374-0288 905 356-1162 ext 618 905 688-2849
OH CANADA EH?!
Lu~dy~ la~e IA
Bl, ldgM Ovlwimv
PAGE
Inaii
ilIiiI Iblln,d
NF Tm~ T~ Iqmmmm
t75,S00.00
1~,~30,00
1,150.00
t,000,00
750.00
1,582.00
5,~0.00
_ 17S,~100.00
PLANNING MEETING JUN I i Xnnl
Victoria Centre B.I.A.
P.O.Box 841 ~ Niagara Falls, Ontario ~ L2E 6V6
Phone 905-358-7137 ~ Fax 905-358-5891
May 24, 2001
Woody Wagg
City Clerk
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X6
Dear Woody:
The Victoria Centre B.IA. has finalized the budget for this year. We have set our budget at
$60,000.00. Attached you will find a summary the expenditures we have planned which we wish
to subrrdt for approval
Thank you for your assistance in this matter,
PLANNING,~EETiNG._-~iUI'~ ~ 1 ,21]fit
Victoria Centre B.I.A.
P.O.Box 841 ~ Niagara Falls, Ontario ~ L2E 6V6
Phone 905-358-7137 - Fax 905-358-5891
2001 Budget
1) Association memberships
-Niagara Falls Tourism
-Chamber of Commerce
2) Website
-further development
-fees
3) Salary-Marketing consultant/administrator
4) Streetscaping
5) Subsidiary expenses - accounting, stationary, office costs and miscellaneous expenses
Request for 2001 budget $60,000.00
Bored o!
Management
~/ictor Fermiuolo
Chairman
905-~ 74-658~
&:~ Mesik
~ce Chair
905-295-4436
Brian Thompson
Sec'retan~
905-295-4381
David Barnes
Tre~urer
905~295-4381
Gino B/Carlo
Director
905-295-3451
Art r~lerow
Alderman
905-8944784
Sh~ey Fmher
Alderman
905-295-3350
Businesses in BIA
Almi~ht~ Dollar Store
Avondale Store
13~s F~mily Res~u~nt
Baron's Auto Kepak
~eld [.D.A.
China Dr~on Kest~urant
Chippewa Animal Hospi~
Chippawa D~ Cleaners
Chippawa House
Chippewa
Chippawa Medical Clinic
Chippa~a btovieland
Chippawa Pharmacy
Chippewa F~zeria
Grandma's House
Hairizona
Henr~ Travel Centre
Hydes's 'v~det~
.John E Howe &: Associates
Jamsen'$ Amhery
Jo-Ers Hair Salon
Ke~mey's Keep-Sakes
Nat~'al% Barber Shop
Nia~ra Parkway Cour~ Motel
On Targets
P~wter Town
Bazors Edge
Royal Bank
Summers on Bridgewater Caf~
Titanic Riverside Tavern
Unique N~'keting
Pleme inform the Chairman if
~ur bu~ine~ name is not
Ilet~d h~r~. Thank you.
CHIPPAWA--'
Improvement
3826 Main Street, Niacin Falls, ON L2G 6]82 TEL:(~05)374-6582 FAX:(905~56-5567
Niagara Falls CiN Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
May 30th, 2001
Dear Mayor Thomson & Members of Council:
Please be advised that the Chippawa Business Impravement Area (BIA)
has gone through a general meeting and election process on
Wednesday, May 30~, 2001 at 7:30 p,m. at the Chippawa Library.
Nominations were put forth, and by election the following individuals
were elected to the Board of Management for the Chippawa BIA: Victor
Ferraiuolo, Gino DiCarlo, Dave Barnes, Brian Thompson & Joe Mizsk.
Among the Board of Management as set out by the BIA constitution the
Baard elected each other to their according positions. This resulted in
the following Board of Management positions for the remainder of the
three-year council term:
Chairman:
Vice-Chair:
Secretary:
Treasurer:
Director:
Victor Ferraiuolo
Joe Miszk
Brian Thompson
Dave Barnes
gino DICarlo
At this time we respectfully request that City Council officially continue to
recognize the Chippawa Business Improvement Area [BIA] and its newly
elected Board of Management along with its council representatives,
Thank you,
Sincerely,
Victor Ferraiuolo
Chairman
.._ jUt, t 1
pLANNINg MEETIN~
Club Italia Lodge No. 5
R.R. #1, 2525 Montrose Road
Niagara Falls, Ontario, Canada L2E 6S4
Phone: (905)374-7388 · Fax: (905)374-2044
LIBERTY - EQUALITY - FRATERNITY
May 25, 2001
The City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Deputy City Clerk and City Council - for information only
Dear Sir or Madam:
Please be advised that Club Italia's annual picnic will be held in our park on July 8, 2001.
During this evem, we are planning to sell beer from a tern. This area has a regular liquor
license (outdoor license) (plastic containers only will be used), and the tent area will be
used for selling the beer only, no one else will be inside the tent area. (small tent only, to
contain beer & cashier)
This year we have again decided to include a pyrotechnic fireworks display. Please be
assured that we have the proper insurance and license for this display. The person
supervising this display is Mr. Gary Labelle (please see attached form) from Garden City
Fireworks and he has assured us that he has comacted the fire department.
If further information is needed, please do not hesitate to contact us.
Yours truly,
Frank Candeloro
Manager, Club Italia
PLANNING MEETING . JUN.[ I ZOO] ..,
PROOF OF PURCHASE
FIREWORKS CLASS 7.2.2
N,B.:
1. The applicant must be the operator in charge of discharging the pyrotechnic devices.
2. This demand is to be sent with the order to the supplier.
Garden City Display Fireworks
4637 Lincoln Beamsville, Ontario
L0R 1 B3
905-563-8670
1-866-516-8801
gardenfx~nergetel.com
I submit this application for buying class 7.2.2 pyrotechnic devices on behalf of:
MYSELF: or: SPO.SOR,.G ORGAN,ZAT,O.: C ¢
ADDRESS: ~5 ~_ .~ ~ Ot'%¥r(~ .~ J"~_,.~ . '°
FIRING SITE:
DATE: ,.~ C~-~ ~, ~ / ~.00 J RAIN DATE (IF APPLICABLE)
I hereby certify that I am the holder of a ~alid pyrotechnician license, that I have read and understood the guideliHes
and safety procedures of the pyrotechnician's handbook, that I will follow them, and that I will follow the manufacturer's
instructions regarding each pyrotechnic device.
NAME: (/"~, .~.. -,.-~ /,~,,,'~,'~l~,
ADDRESS: .~ '¢<,; .~,/~ ...... , ,,,.,,~
PYROTECHNIC CARD NUMBER: ~
DATE: H ~/ [ ~-
PHONE#:
LEVEL:
2o0 ~ APPLICANT'S SIGNATURE:
EXPIRY DATE: ...;!,: I
MUNICIPAL AUTHORITIES AUTHORIZATION
N.B.: This section is reserved to the authorities having jurisdiction over the event.
The applicant has complied with all local laws and regulations and is therefore authorized to discharge class 7.2.2
pyrotechnic devices at the time and place mentioned above.
Fire chief, police chief or mayor
SIGNATURE FROM A TOWN REPRESENTATIVE:
NAME:
TITLE:
CITY / TOWN:
CITY OF PORT COLBORNE
Municipal Offices
66 Charlotte Street
Port Colborne, Ontario
L3K 3C8
OFFICE OF THE MAYOR
May 30, 2001
Wayne Thomson, Mayor
City of Niagara Falls
4310 Queen Street, P,O. Box 1023
Niagara Falls ON L2E 6X5 / .
Death: ~"~..~'~ '~ '
The City of Port Colborne's Special Events office is planning the Sunsplash Beach Festival
This event, June 22, 23, 24, 2001, is the first within our Sizzlin' Summerin Port program.
Sunsplash is a joint venture between the City of Port Colborne, local service organizations,
the Chamber of Commerce, and five charitable organizations from throughout the Niagara
Region.
This event is to raise funds for the charities outlined in the enclosed brochure, while at the
same time, extending a clay of fun in the sun for the entire family!
May I take this opportunity to challenge Niagara municipalities to join Team Port Celbome
in support of local "Regional" charities. The beach volleyball tournament takes place
Saturday, June 23, 2001.
Upon completion of the tournament there will be musical entertainment featuring Canada's
own Kim Mitchell, and at dusk, a spectacular fireworks display will light up the sky along
the shores of Lake Erie.
I look forward to your participation!!
With best regards, I remain,
MAYOR PCANNING MEETI, NG
CC;
Edward P. Lustig, CAe
Woody Wag9, Clerk
Adele Ken, Director of Parks & Recreation
Telephone: (905) 835-2900 E-Mail: mayor@portcolborne.com Fax: (905) 835-2969
Charity Beach Volleyball ~;
Tournament ~
What is it~ '~'~
The community challenge is a chance for local
teams to get involved in the fun and support of
local charities.
Cost: $150 per team.
Includes:
Free parking on the beach!
Free entrance to the concert!
Tournament Structure/Rules
The tournament is broken down into three divi-
sions: Competitive, Recreational, and Beginner
Recreational.
Each team is guaranteed five (5) games.
A team shall consist of 6-10 players.
There must be six players on the playing field at
all times and of those six at least two must be
females.
A game ends after 12 minutes of play.
Held rain or shine. No refunds.
Entry Deadline
Thursday, June 21, 2001 at 4:30 PM.
First Come... First Served!
Parking
Parking will be available on Nickel Beach each day
for $20 per carload. Volleyball teams will receive
two fre~e V.I.R Parking Passes. The Music Festival is
free. Additional parking will be available at INCO
each day for $10 per carload. Free shuttle service
to Nickel Beach.
Beverage Garden
The BEVERAGE/BEER GARDEN will be open at
11:00 am on Saturday June 23, 2001 and 11:30
am on Sunday June 24, 2001. Participants and
spectators will be subject to cooler checks upon
entrance to the beach. We thank you for your
understanding and co-operation in this matter.
Entertainment
Not playing volleyball? Come out and join us for
th~ amazing FREE CONCERTS!
SHORES
~e ~1:l~a~e gaca~o~
geS0tL..0a ~e Bea¢~
Sunsplash 2001 / Sherkston Shores
EVENT SCHEDULE
FREE ADMISSION
ALL WEEKEND!
During Sunsplash Weekend,
you're invited to explore our
Resort for FREE! Check out our
great Family Beach Events at
waterslides
miniature c
Includes The Old Swimmin' Hole,
Waterslides and Miniature Golf!
at
is a
i lake, fronted by
Sandy beach. It fea-
tures qualified lifeguards and a
roped off swimming area,
together with a large waterslide
and three diving rafts - making it safe, clean, "old-
fashion fun" for the entire family]
Entertainment
Tribute Concert to
Britney Spears & Ricky
Martin 7:00 pm on
the Quarry Beach
followed by Fireworks!
Niagara's favourite children's
entertainers The Smudge
Fundaes! Saturday and Sunday
11:30 am, 1 pm, 2:30 pm
Saturday, June 23, 2001
i11:30 am
Noon
1 pm
· 2pm
2:30 pm
· 3pm
5pm
7pm
· Dusk
The Smudge Fundaes perform!
3 on 3 Beach Soccer Tournament
(Kids 'n Teens - Various Divisions - Must
Register in Advance)
The Smudge Fundaes perform!
Tropical Treasures Beachwear
Fashion Show
The Smudge Fundaes perform!
SURVIVOR Beach Competitions
Live Patio Music at Castaways Grill
& Bar
Tribute Concert - Britney Spears &
Ricky Martin Tributes LIVE on the beach
at The Old Swimmin' Hole
Fireworks over The Old Swimmin'
Hole!
Sunday, June 24, 2001
11:30 am The Smudge Fundaes perform!
Noon Family Sand Sculpture
Competition Must pre-registe~ - Win a
Sherkston Vacation!
1 pm The Smudge Fundaes perform!
2 pm Paddle Boat Races
2:30 pm The Smudge Fundaes perform!
sunspl~ ~ ~
Wednesday, June 6, 2001
Sizzlin' Summer Kick-off Golf Tournament
Whisky Run Golf Club, 905-835-6864
Sunsplash 2001
Nickel Beach Events
Featuring
Live Entertainment
all day & all night!
Licensed Beer Garden
Friday June 22
The Chamber of Commerce Clam Bake &
Steak Oinner - Live Entertainment
Symposium 6:30, Dinner 7:00
905-834-9765
Saturday June 23
Charity Beach Volleyball Tournament
Featuring Klm Mitchell in concert at 6:00 p.m.
Sunday June 24
Charity Beach Volleyball Tournament
Featuring Headstones in concert at 3:45 p.m.
Sunday June 24
Ki great bands!
Saturday June 23
6:00 p.m.
FREE FIREWORKS DISPLAY at Nickel Beach
Saturday June 23 at 10:00 pm courtesy of
Nlok~l Beach, Welland Ave.
Niagara
4320 Bridge St., Niagara Falls, Ontario, L2E 2R7
Office 905-356-1179 Garage 905-358-9749 Fax 905-356-7746
Emall niatrans~iaw.com Website www.iaw.com/~niatrans
May 30, 2001
Mr. Woody Wagg, City Clerk
City of Niagara Fails
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Wagg:
Further to your request, enclosed the following 'Reports to Council':
1. Additional Bus Service - Saturday/Sunday
2. Brock University- Summer Service
If you require any additional information, please do not hesitate to
contact me.
Yours very truly,
T.D. Librock
General Manager
TDL/jrb
Encl.
Niagara Transit
4320 Bridge St., Niagara Falls, Ontario, L2E 2R7
Office 905-356-1179 Garage 905-358-9749 Fax 905-356-7746
Email niatrans~,,iaw.com Website www.iaw.com/~niatrsn~
To:
From:
Re:
The Mayor and Members of Council
Wayne (Bart) Maves, Chairman
Additional Bus Service - Saturday/Sundav
May15,2001
Further to the Amalgamated Transit Union, Local 1582, presentation to
City Council on April 30, 2001 and a request from Mr. Wagg, City Clerk, for a report
from transit staff. Following are background details for your information.
· 1995/1996 The provincial government reduced Niagara Transit subsidies by
approximately $160,000
· The Finance Committee instructed Niagara Transit, like other City
departments at the time, to hold the line on budget increases for 1996.
Niagara Transit had two options to reduce the shortfall from the Provincial
Government O raise fares e reduce service. Transit fares would have been
adjusted by approximately 50 to 60-cents.
It was determined by Management staff, with co-operation from the Union, to
reduce Saturday service, which was implemented in December 1995.
The Commission has received requests to increase service, but have not
included the costs in past budget submissions to City Council as it was our
understanding that "there were no additional operating funds available".
The estimated annual cost to adjust Saturday/Sunday service, as
requested by the Union, is $180,000 ($15,000 per month). These estimated costs
do not include additional revenues from ridership. Based on 1995 weekend service
statistics, and one (1) year to establish ridership patterns, weekend ridership
revenue is estimated to increase approximately 20%, or $40,000, netting the deficit
increase to $140,000 annually for the additional weekend service. In addition, we
will require approximately $10,000 to $15,000 for start-up costs (advertising and
promotion etc.).
During annual budget deliberations, the Transit Commission considers
schedule improvements to better serve passengers, many of whom depend on
Niagara Transit as their only means of transportation, but have not recommended
service increases, due to financial constraints.
increase.
Please advise if Council wishes to proceed with the weekend service
Wayne (Bart) Maves
Chairman
TDL/jrb
Cc;
Commission
T. Revenda, Director of Corporate Services
Union
Niagara Transit
4320 Bridge St., Niagara Falls, Ontario, L2E 2R7
Office 905-356-t179 Garage 905-358-9749 Fax 905-356-7746
Emall niatrans~iaw.com Webslte www. iaw.com/-niatrans
To:
From:
Re:
The Mayor and Members of Council
Wayne (Bart) Maves, Chairman
Brock University - Summer Service
May 15, 2001
Further to Mr. David Corfield's presentation to City Council on April 30,
2001 and a request from Mr. Wagg, City Clerk, for a report from transit staff.
Mr. Corfield is requesting an extension of the current Brock Rapid
service to include the summer months (89 days of operation) at an estimated cost of
$26,700 less ridership revenue. In 1996, Welland Transit provided summer service
to Brock on a trial basis and after six weeks of operation, discontinued the service
due to lack of ridership. In addition, the Brock University enrollment declines 73%
over the summer months.
The Transit Commission does not support providing summer service to
Brock University, based on projected losses and availability of equipment.
Please advise if Council wishes to provide year-round service to Brock
University effective September 2001.
Wayne (Bart) Maves
Chairman
TDL/jrb
Cc;
Commission
T. Revenda, Director of Corporate Services
AMALGAMATED TRANSIT UNION
Local 1582 - P.O. Box 26, Niagara Falls, Ontario L2E 6S8
May 30, 2001
Mayor Wayne Thompson
And Members of City Council
City Hall,
Niagara Falls, Ontario
lie: Wayne (Bart) Maves Letter May 15/01 for Addional Bus Sewice for Sat~ Sun
Upon receipt of a copy of this letter today, the estimated annual costs that were presented to
you on April 30 to adjust Saturday/Sunday service are $180,000 as stated on page two. Mr.
Maves has also stated that with the weekend ridership revenue estimated to increase
approximately 20% or $40,000, netting the deficit increase to $140,000 annually for the
additional weekend service.
This deficit increase would only change the city's Municipal Operating Contribution per
Capita from $11.54 that was reported to you in the April 30 th presentation to $13.36 (less
than $2.00 per capita based on 1996 census figures ) still way below all other comparable cities
of the same size AND we will have the badly needed public transportation on the weekends
for the residents of Niagara Falls.
This will still show Niagara Transit as one of the most cost efficiem Iransit systems in Ontario
in comparison to other cities of the same size. Thank yott
Sincerely,
PresidenffBusiness Agent-Local 1582
Cc: Mr. Terry Librock
Wayne (Bart) Maves
Union
Affiliated with O.F.L. - C.L.C. - A.F. of L.
Jun 06
01 OS:OOp
Victoria-Cent?e BIR 905-35B-SB91
Victoria Centre B.I.A.
P.O.Box 841 ~ Niagara Falls, Ontario ~ L2E 6V6
Phone 905-358-7137 ~ Fax 905-358-5891
p.1
June 06, 2001
Mr. E.C. Wagg
City Clerk
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Woody:
Attached please find a copy of my letter to the Mayor regarding pa.tking along Victoria Ave.
The Victoria Centre BIA would Eke to have this matter put on the agenda for the Council meeting
of June 11, 2001.
Please notify me on whether this lS possible.
email mcdowells~sympatico.ca
cell 905 348 4880
office 905 358 7137 message only
fax 905 358 5891
3un 06 O! 06:01p V~ctor~a-C~ntr~ BIR 905-358-5891
Victoria Centre B.I.A.
P.O.Box 841 - Niagara Falls, Ontario ~ L2E 6V6
Phone 905-358-7137 - Fax 905-358-5891
June 4, 2001
His Warship Mayor Wayne Thomson
and City Council
City Hall
4310 Queen Street
Niagara Falls, Ontario
1,2E 6X5
Dear Wayne:
The Victoria Centre BIA would like to address the problem of traffic along Victoria Ave. in the
tourist core. The en~e area is narrow and congestion has escalated for vehicular and pedestrian
travelers to the point where both are acting in manners which are unsafe for themselves and others.
Pedestrians step off the sidewaUc to move around others, they cross without the benefit of
crosswalks, and regn]arly do not heed the traffic signals. Motorists miss the crosswalks as they are
not well marked, block side streets, double park, drive erratically to get in and out of parking places,
or avoid sitting through the light, and also disregard the traffic signals. This all leads to frustrations
and dangerous behaviors in both parties.
Although the following suggestions will by no means eliminate the problems, but we do feel
however that they may ease them considerably. We are requesting to have the parking meters
removed from along Victoria Ave, from Walnut to Centre Streets and that there be no parking in
this area. We also suggest that the sidewalks and be widened along this area, There may also be
enough room to widen the street slightly. This would allow for pedestrians and cars to have more
space and encourage motorists to parkin the many lots in the area.
We respectfully request that you bring this to the attention of council for discussion.
Thank ~
' owell
JUN 1 1 ZOO1
OnTario
The Niagara Parks Commission
B~an E. Merrefl'
John A.M. Kamahan
t~0. Box 150, Niagara Fatls. 0ntarJo. Canada L,?.E 6T2
E-Mai]: npinfo~niaOarapa~.com
Web Site; ht~://~w, niagarapa~s.cem
TelephoflegO$/$S&.2241 Fax 905/354-504!
June 4, 2001
Mr. Woody Wagg, City Clerk
City of Niagara Fails
4310 Queen Street
Niagara Falls, ON L2E 6X5
Subject: Expanded dates for Friday Night Fireworks 2001
Dear Mr. Wagg:
The Niagara Parks Commission and other local sponsors request permission to expand
the fireworks displays to include eight Sunday night dates beginning July 8, 2001.
The additional dates are July 8, July 15, July 22, July 29, August 5, August 12, August
19, and August 26.
The liability insurance will be updated to include the above dates. The time of the
displays will be consistent with the Friday night shows at 10:00 pm.
Thank you for assistance with this request.
Sincerely,
Murray Mold
Senior Director
Marketing & Business Development
Report to: Mayor and Members of City Council
From: Alderman Janice Wing
and
Dennis Wainman
General Manager
Niagara Falls Humane Society
Re: Dog By-law
Purpose: To ask City Council to consider establishing a committee to review the
need to establish a by-law that would limit the number of dogs or breeding dogs per
household.
Background:
During the past few months there have been occurrences where Animal Control
Officers have been called to a residence and have observed situations where the
home houses multiple dogs. In most cases we suspect that the owners of the animals
are breeding the dogs for profit and unless the ACO has grounds to charge under
the criminal code or lay charges for any dog not licensed, there is not much that can
be done legally to prevent these situations.
We have also received a letter from a concerned resident who has prompted us to
review this situation further and in doing so have met with the City Solicitor Ray
Kallio for legal input. Mr. Kallio advised us that through his research of this matter
he has been able to identify other municipalities that have a by-law in place for
limitations on dog ownership. Mr. Kailio also indicated that it is also possible to
include a classification within a by-law that would recognize and exempt dogs that
are spayed or neutered.
As Council is aware, there are registered breeders, animal rescue places and
responsible pet owners of spay/neutered dogs in Niagara Falls and it is not the intent
of the Humane Society to have a by-law established that would affect these
operations and owners. The Humane Society would however support a by-law that
would prevent non-registered breeding and limitatious on the number of dogs per
household with the noted exemptions.
At the March 2001, Board of Directors meeting of the Niagara Falls Humane
Society the following motion was passed. Whereas the Board of Directors of the
Niagara Falls Humane Society is of the opinion that a limit on the number of dogs
or breeding dogs, per household may be in the public interest. Be it hereby resolved
that the Board of Directors of the Niagara Falls Humane Society request City
Council to consider establishing limitations on the number of dogs per household;
and the Council establish a committee to review and receive public input thereon.
The City of /Jl~
Niagara Falls llJJ-
Canada~.,~_~JJ~'~
Community Services Department
Municipal Works
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: bdarrell~city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-72
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-72- Appointment of Consultant;
Oakwood Drive Pumping Station Upgrade
Class Environmental Assessment
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara
Falls enter into a Consulting Services Agreement for the Oakwood Drive Pumping Station Upgrade,
Class Environmental Assessment with Earth Tech Canada Inc., for the upset limit of $9,530.00.
BACKGROUND:
The majority of the Metrus / Montrose Business Park is proposed to be serviced by new sanitary
sewers that outlet to the Oakwood Drive Pumping Station. To accommodate the additional flows, the
Oakwood Drive Pumping Station needs to be upgraded. The upgrade would include the installation
of larger pumps, new electrical control panels and a larger generator for standby power.
To increase the existing rated capacity of the pumping station, installing larger pumps, and to install
a larger generator, a Class Environmental Assessment (Schedule B) is required to be completed.
As per the City's Consultant Selection Policy, direct appointment for engineering up to $60,000, Earth
Tech Canada Inc. has been selected to complete this work. Previously, they have successfully
completed similar jobs for the City and Region.
The costs for this project were included in the 2001 Capital Budget.
Your concurrence with the above recommendation would be appreciated.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
2001-06-11
Prepared by:
Bob Darrall, C.E.T.
Project Manager
Reco ded by:
tij ovic, .Eng.
Director of Municipal Works
John MacDonald
Executive Director of Community Services
-2-
MW-2001-72
Respectfully submitted by:
EdWard P. £~ti~/~
Chief Administrative Officer
Community Services Department
Municipal Works
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: munwks@city,niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-73
File G-180-05
June 11, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-73
Amendment of Parking & Traffic By-law 894000
To Incorporate Former Regional Roads
RECOMMENDATIONS:
It is recommended that the bylaws appearing on tonight's agenda, amending By-law 89-2000, be
approved.
BACKGROUND:
Several roads were transferred from the Region of Niagara to the City of Niagara Falls in 2000.
These roads have been inventoried for existing signage and the necessary Parking and Traffic By-
law amendments prepared. The amendment of the by-law will allow the regulations to be
enfomed.
The amendments incorporate the following schedules: · Stopping Prohibited
· Standing Prohibited
· Parking Prohibited
· Parking Meter Zones
· Taxi Cab Stands
· Stop Signs at Intersections
· One Way Highways
· Limited Parking
· Prohibited Tums
· Through Highways
· Speed Limits
· Yield Signs
June 11, 2001 -2- MW-2001-73
Councils concurrence with the recommendations outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
by:
Ed Dujlovic, P. Eng.,
Director of Municipal Works
Approve9~:
Executive Director of Community Services
Respectfully Submitted by:
Edward P. Lustig,
Chief Administrative Officer
M.Carrick
V52001COUNCIL~001 06 1 l~lW2001-73.wpd
The City of l~l~llJ,.
Niagara Falls JJj
Community Services Department
Municipal Works
4310 Queen Street
P.O, Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-76
File G-180-01
June 11, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-76
Municipal Parking & Traffic Committee
Recommendations - May 15, 2001 Meeting
RECOMMENDATIONS:
1) MW-2001-57 - Windermere Road and Camrose Street - Intersection Control Review
2)
It is recommended that a stop sign be installed on the east leg of Camrose Street at
Windermere Road facing eastbound motorists.
MW-2001-38 - Willoughby Drive between Main Street and Weinbrenner Road
Traffic Operations Review
It is recommended that:
in-ground reflective delineators be installed in advance of, and throughout the
horizontal curve on Willoughby Drive between Aberdeen Street and Gunning
Drive;
a double yellow centre line be applied on Willoughby Drive between Aberdeen
Street and Gunning Drive;
chevron alignment signs be installed along the outer edge of the horizontal curve
facing motorists in both directions;
"slippery when wet" signs be installed on Willoughby Drive north of Cattell
Drive facing northbound motorists and on Willoughby Drive south of Aberdeen
Street facing southbound motorists;
the existing "sharp curve ahead" warning sign supplemented with a 25-km/h
advisory speed tab on Willoughby Drive 220 metres south of Aberdeen Street
facing southbound motorists be relocated 100 metres northerly and replaced
with an oversized "sharp curve ahead" warning sign;
June 11, 2001
-2- MW-2001-76
the existing "sharp curve ahead" warning sign supplemented with a 25~km/h
advisory speed tab on Willoughby Drive opposite of Gunning Drive be replaced
with an oversized "sharp curve ahead" warning sign;
the Niagara Regional Police consider Willoughby Drive as an expansion to their
"Ride Program" targeting motorists that drink and drive;
Neighbourhood "Speed Watch" Program brochures be distributed to residents of
Willoughby Drive;
a traffic operations review be carried out at the horizontal curve on Willoughby
Drive between Aberdeen Street and Gunning Drive after a three month and a
one year implementation period; and,
10.
should the results of the review indicate that the preceding recommendations
have not rectified the collision frequency or reduce the speed of motorists
at/near the curve, alternate Neighbourhood Traffic Management Programs be
considered.
3) MW-2001-62 - Exnansion of ParkinR Meter Boundary - Falisview Area
It is recommended that:
Pay & Display machines be installed on Clark Avenue between Robinson Street
and Ferry Street, on Fallsview Blvd. between Robinson Street and Ferry Street
and on Livingstone Street between Stanley Avenue and Fallsview Blvd.;
additional funding be taken from the Parking Reserve Fund to purchase
additional on-slxeet Pay and Display machines; and,
the recommendations from Report MW-2001-62, concerning the Fallsview
Area, be forwarded to the B.I.A. for discussion and comment.
4) MW-2001-59 - Desson Avenue at Spring Street - Request for All-Way Stop Control
It is recommended that no revisions to the existing traffic control devices at the
intersection of Desson Avenue and Spring Street be carried out at this time.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of May 15, 2001, considered the
matters noted and formulated the recommendations above.
June 11, 2001 -3- MW-2001-76
Council's concurrence with the recommendations outlined in this report would be appreciated.
for Sam LaRosa, Vice Chairperson,
Municipal Parking & Traffic Conunittee
S:\TRAFFIChREPORTSk2001 ~2001 CouncilhMW2001.76.wpd
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagamfalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: fhiggins~city.niagamfalls.on.ca
Ed Dujlovlc, P. Eng.
Director
MW 2001-79
File 01-11
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: RE:
MW 2001-79
Contract 2001-11
Expanded Asphalt Stabilization of Roads
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Hard Rock Paving Co. Ltd.,
be accepted and that the by-law appearing on tonight's agenda be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Wednesday, June 6th, 2001 at 1:30 p.m. for the above noted contract. Tenders were
picked up by five (5) Contractors, and three (3) bids were received.
Shown below is a smnmary of the tender prices, excluding G.S.T. submitted by the Contractors,
together with the corrected bids.
1. Hard Rock Paving Co. Ltd. ( Thorold ) $187,444.84
2. Rotomill Services Ltd. (Brampton) $206,626.40
3. Miller Paving Ltd. (Markham) *$220,888.00
($220,885.14)
The lowest tender was received from Hard Rock Paving Co. Ltd. in the amount of $187,444.84.
This Contractor has performed satisfactorily on past contracts for the City. It is therefore, Staff' s
opinion that this Contractor is qualified to undertake this project.
Financing:
The Engineer's estimate for this contract was $190,000.00.
Project Costs:
Awarded Contract $187,444.84
Net G.S.T. $ 5,623.35
Municipal Works
Total $193,068.19
WorMng Together to Serve Our Community
Fire Services Parks, Recreation & Culture
Business Development
June 11, 2001
Funding:
Bituminous Operating Account
Asphalt Overlay/Rehabilitation
Total
2 MW-2001-79
$145,000.00
$ 50,000.00
$195,000.00
As indicated above, there is sufficient funds to undertake this work..
Construction is scheduled to commence on June 25, 2001 and will be completed by end of
August. The streets included under this program are; Garner Rd. and Beechwood Rd., both from
Lundy's Lane to McLeod Rd.
Council's concurrence with the recommendation made in this report would be appreciated.
Prepared by:
Frank Higgins, C.E.T.,
Manager of Projects
ctfully Submitted by:
Edward P. Lusrig,
Chief Administrative Officer
Ed Dujlovic, P. Eng.
Director of Municipal Works
¢~ of Community Services
The City of
Niagara Falls
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: munwks@city.niagarafalls,on.ca
Ed DuJlovic, P. Eng.
Director
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-80
Consulting Services for the
Replacement of a Watermain
Victoria Avenue
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of
Niagara Falls enter into a Consulting Services Agreement with Quartek Group Inc. for the design
of a watermain on Victoria Avenue for the upset limit of $24,600 excluding GST.
BACKGROUND:
The City of Niagara Falls is planning to replace the watermain on Victoria Avenue from Roberts
Street to Simcoe Street. This work includes reactivating the watermain connection across Roberts
Street (Hwy 420) which will improve the water circulation in the distribution system for the
entire downtown area.
As per the City's Consultant Selection Policy, direct appointment for design work up to $60,000,
Quartek Engineering Group has been selected to complete this work. Previously they (as F.J.
Reinders) have successfully completed similar jobs for the City and staff are recommending that
they be retained for this work.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
MW-2001-80 Page 2 June 11, 2001
Your concurrence with the above recommendation would be appreciated.
Manager of Engineering Services
Respectfully submitted:
Edward P. Lustig ~'
Chief Administrative Officer
~Recomme ed by:
uj ovic, P. Eng.
Director of Municipal Works
Executive Director of Community Services
The City of
Niogoro Fo,s
Community Services Department
Municipal Works
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: munwks@city.niagarafalls,on,ca
Ed Dujlovic, P. Eng.
Director
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-81
Consulting Services for the
Replacement of a Watermain
Buttrey Street
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of
Niagara Falls enter into a Consulting Services Agreement with Martin Engineering Inc. for the
design ofa watermain on Buttrey Street for the upset limit of $28,600 excluding GST.
BACKGROUND:
The City of Niagara Falls is planning to replace the watermain on Buttrey Avenue from Victoria
Avenue to River Road. This work will decommission and replace two existing watermains with
one new main.
As per the City's Consultant Selection Policy, direct appointment for design work up to $60,000,
Martin Engineering Inc. has been selected to complete this work. Previously they have
successfully completed similar jobs for the City and staff are recommending that they be retained
for this work.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
MW-2001-81 Page 2 June 11, 2001
Your concurrence with the above recommendation would be appreciated.
Manager of Engineering Services
Respectfully submitted:
Edward P. Lustig ,~, c~
Chief Administrative Officer
Ed Dujlovic, P. Eng.
Director of Municipal Works
John MacDonald
Executive Director of Community Services
The City of ~1~
Community Services Department
Municipal Works
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: bdarrall@city.niagarafalls.on.ca
Ed DuJlovic, P. Eng.
Director
MW-2001-83
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
June 11, 2001
Re:
MW-2001-83
Contract 01-186-00
Parking Lot #13 Main Street,
Parking Lot 010 Park Street
and Chicanes
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be
accepted and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Tuesday, May 29, 2001 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by eleven (11) Contractors and seven (7) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
seven (7) Contractors, together with the corrected bids *
1. Norjohn Ltd.
2. Alfidome Construction
3. Rankin Construction Inc.
4. Steed & Evans Ltd.
5. Hard Rock Paving Company Ltd. (Port Colbome)
(Thorold) $441,218.00
(Niagara Falls) $455,602.00
(St. Catharines) *$462,073.50
(Niagara Falls ) $482,305.00
$492,180.00
($462,062.50)
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Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
2001-06-11 2 MW-2001-83
6. Stevensville Lawn Service
(Stevensville) $498,778.00
7. Peninsula Fence & Landscaping (Fonthill)
*$505,126.30 ($505,321.90)
The lowest tender was received from Norjohn Limited in the mount of $441,218.00.
This Contractor has previously performed similar type projects for the City. We are therefore, of
the opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $450,000.00.
Project Costs:
Awarded Contract
Utility Relocation's
Net G.S.T. 3%
$441,218.00
$ 3,073.50
$ 13,328.74
TOTAL $457,620.24
Funding:
Parking Reserve Fund.
$457,620.24
TOTAL $457,620.24
This project is scheduled to commence on June 25, 2001. All works are to be completed within
35 working days.
Council's concurrence with the recommendation made would be appreciated.
Prepared by:
Bob Darrall, C.E.T.
Project Manager
Respectfully submitted by:
Edward P. Lust~g
Chief Administrative Officer
Director of Municipal Works
John MacDonald
Executive Director of Community Services
The City of
Community Services Department
Municipal Works
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-rnail: bdarrall@city.niagarafalls.on.ca
Ed DuJlovlc, P. Eng.
Director
MW-2001-84
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
June 11, 2001
MW-2001-84
Contract Ol-ll3-O1
Cathodic Protection of Watermains
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Taunton Construction
Limited, be accepted and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Tuesday, June 5, 2001 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by eight (8) Contractors and four (4) bids were received.
Listed below is a summa~ of the totalled tendered prices, excluding GST, received from the
four (4) Contractors, together with the corrected bids *
$292,542.80
$311,610.00
$313,620.00
*$321,721.77 ($321,720.57)
l. Taunton Construction Ltd.
2. Ken Warden Construction Ltd.
3. DeRose Bros. Gen. Contracting
4. V. Gibbons Contracting Ltd.
(Whitby)
(Niagara Falls )
(Thorold)
(Ridgeway)
The lowest tender was received from tenderer, Taunton Construction Limited in the amount of
$292,542.80.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
2001-06- I 1 2 MW-2001-84
Taunton Construction Limited is a company that specializes exclusively in the installation of
cathodic protection. This Contractor has completed similar type projects for many municipalities
in Ontario including the Region of Durham, City of Markham and City of Toromo. We are
therefore, of the opinion, that this Contractor is capable of successfully undertaking this project.
Financing:
The Engineer's estimate for this contract was $260,000.00.
Project Costs:
Awarded Contract
Net G.S.T. 3%
$292,542.80
$ 8,776.28
TOTAL $301,319.08
Funding:
Water Improvements Capital Budget
$301,319.08
TOTAL $301,319.08
This project is scheduled to commence on June 25, 2001. All works are to be completed within
35 working days.
Council's concurrence with the recommendation made would be appreciated.
Prepared by:
Bob Darrall, C.E.T.
Project Manager
Respectfully submitted by:
Chief Administrative Officer
Director of Municipal Works
JohiYMacDonald
Executive Director of Community Services
The City of
Community Services Department
Municipal Works
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: bdarrall@city.niagarafalls.on.ca
Ed DuJlovic, P. Eng.
Director
MW-2001-85
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
June 11, 2001
Re:
MW-2001-85
Contract 01-174-98
Ontario Power Generation
Outfall Erosion Control Rehabilitation Works
Oalovood Drive and Hawkins Creek
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Hard Rock Paving
Company Limited be accepted and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Tuesday, May 29, 2001 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by nine (9) Contractors and five (5) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
five (5) Contractors, together with the corrected bids *
1. Hard Rock Paving Company Ltd. (Port Colbome)
2. CRL Campbell Construction
3. Rankin Construction Inc.
4. DeRose Bros. Gen. Contracting
5. Provincial Construction
(Wainfleet)
( St. Catharines)
( Thorold )
( Niagara Falls )
$291,940.15
*$309,530.40 ($315,297.40)
*$322,038.00 ($321,829,00)
*$326,295.31 ($326,295.29)
$331,030.50
Working Together to Serve Our Community
Municipal Wor~s Fire Sen/ices Pan~s, Recreation & Culture Business Development Building & By-Laws
2001-06-11 2 MW-2001-85
The lowest tender was received from Hard Rock Paving Company Limited in the amount of
$291,940.15.
This Contractor has previously completed projects for the City and completed similar type of
projects for Ontario Power Generation and the St. Lawrence Seaway Management Corporation.
We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this
project.
Financing:
The Engineer's estimate for this contract was $300,000.00.
Project Costs:
Awarded Contract
Miscellaneous Fees ( NPCA )
Testing
Net G.S.T. 3%
$291,940.00
$ 500.00
$ 2,000.00
$ 8,818.20
TOTAL $303,258.20
Funding:
Capital Construction Program
Ontario Power Generation
$150,000.00
$160,000.00
TOTAL $310,000.00
This project is scheduled to commence on June 25, 2001. All works are to be completed within
30 working days.
Council's concurrence with the recommendation made would be appreciated.
Prepared by:
Bob Darrall, C.E.T.
Project Manager
Respectfully submitted by:
Edward e. L~ /~
Chief Administrative Officer
by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
(~f- John MacDonald
Executive Director of Community Services
The City of ~l~blf
NiQgclro Fcllls IlK
I -
Community Services Department
Municipal Works
4310 Queen Street
P.O, Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city.niagarafalls.on,ca
Tel: (90§) 356-7521
Fax: (906) 356-2354
E-mail: fhiggins@city.niagarafalls.on,ca
Ed Dujlovic, P. Eng.
Director
MW 2001-86
File 01-08
June 11,2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: RE:
MW 2001-86
Contract 2001-08
Surface Treatment of Roads
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be
accepted and that the by-law appearing on tonight's agenda be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened
tenders on Wednesday, June 6th, 2001 at 1:30 p.m. for the above noted contract. Tenders were
picked up by four (4) Contractors, and one (1) bid was received.
Shown below is a summary of the tender price, excluding G.S.T. submitted by the Contractor.
1. Norjohn Ltd. ( Thorold ) $168,633.25
The lowest tender was received from Norjohn Ltd. in the amount of $168,633.25. This
Contractor has performed satisfactorily on past contracts for the City. It is therefore, Staff's
opinion that this Contractor is qualified to undertake this project.
Financing:
The Engineer's estimate for this contract was $175,000.00.
Project Costs:
Awarded Contract $168,633.25
Net G.S.T. $ 5,059.00
Total $173,692.25
Working Together to Serve Our Community
Municipal Wo~s Fire Services Parks, Recreation & Culture Business Development
June 11, 2001 2 MW-200! .' 86
Funding:
Bituminous Operating Account $105,000.00
Niagara Parks Commission (Weaver Rd.) $ 70,000.00
Total $175,000.00
As indicated above, there is sufficient funds to undertake this work. The Niagara Parks
Commission, thru the use of Weaver Road for track traffic in the construction of the Golf
Courses, have agreed to contribute towards the cost of rehabilitating this road. Attached is the
proposed list of all the streets included under this program.
Construction is scheduled to commence on June 25, 2001 and will be completed by end of
August.
Council's concurrence with the recommendation made in this report would be appreciated.
Prepared by:
Frank Higgins, C.E.T.,
Manager of Projects
Respectfully Submitted by: _
Edward P. Lustig,
Chief Administrative Officer
Ed Dujlovic, P. Eng.
Director of Municipal Works
(~ John MacDonald,
Executive Director of Community Services
Table A
2001 Surface Treatment Program
City of Niagara Falls Street List
Street From T._o_o Length
Beechwood Road Lundy's Lane McLeod Rd. 1700 m
This section of roadway has been included under the Expanded Asphalt
Stabilization Program contract. Upon completion, this road will then be sealed
with a single application of surface treatment. This application to be scheduled
within a short period of time once the expanded asphalt stabilization is completed.
Garner Rd Lundy's Lane McLeod Rd 2000 m
This section of roadway has been included under the Expanded Asphalt
Stabilization Program contract. Upon completion, this road will then be sealed
with a single application of surface treatment. This application to be scheduled
within a short period of time once the expanded asphalt stabilization is completed
Nichols Lane Beechwood Rd. 600m West 600 m
This section of roadway is to be pulverize, reshaped and a double application of
surface treatment placed.
Weaver Rd. Niagara Pkwy. Willoughby Rd. 2000m
The first 250m from the Niagara Parkway will receive a single application of
surface treatment. From that point on, the remaining section is to pulverized, with
approx. 50mm of stone added. The roadway is to be:graded and reshaped then a
double application of surface treatment applied.
Weaver Rd. Willoughby Rd. Sodom Rd. 1500m
This section of roadway is to be pulverized, reshaped and a double application of
surface treatment placed.
Bridgewater St. Southwest of Sophia southwest limit
This section of roadway is to be regraded to provide a superelevated roadway
from the house side to the river. Once the grading is finalized, then a double
surface treatment will be applied.
Community Services Department
Municipal Works
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: munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-89
File G-180-20
June 11, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: M~V-2001-89
Purchase of Pay and Display Parking Machines
for On-Street Use - Fallsview Area
RECOMMENDATION:
It is recommended that sixteen (16) Pay and Display parking machines be purchased from
Precise Bfl Systems Limited, at a cost of 266,800.00.
BACKGROUND:
This report should be considered in conjunction with Report No. MW-2001-76, Municipal
Parking & Traffic Committee, Recommendations - May 15, 2001 Meeting, also being discussed
at tonight's Council Meeting. Item number 3 of the above mentioned report recommends the
expansion of pay parking in the Fallsview Area, by installing Pay & Display Machines.
In 2000, eight (8) Pay and Display Machines were installed on various City streets by Precise B/I
Systems Ltd. Those machines replaced long duration parking meters. For 2001, Staff budgeted
the installation of another eight (8) machines to replace long duration parking meters. Staff will
postpone the parking meter replacement program in order to permit the installation of these eight
(8) pay and display machines in the Fallsview area. In addition, the proposed pay parking areas
would require the purchase of eight (8) additional machines. These machines are not hard wired
to their location, instead they are solar powered and use radio frequency communication,
therefore, they are easily relocated to another location at minimal cost. The equipment being
recommended is both flexible in operation, as well as being easily relocated should any of the
roads change in their designation (ie. traffic lanes, restricted parking, etc.).
Staff have been very satisfied with Precise's performance thus far and are recommending the
purchase of sixteen (16) more machines from Precise B/I Systems Ltd. at a cost of $16,765.00
per machine for a total of $266,800.00 (including taxes and installation).
At this time, Precise is the only company that has demonstrated both solar and radio frequency
technologies in the field, therefore, Staff is recommending the purchase of this equipment from
them based on a sole supplier quote.
June 11,2001 -2- MW-2001-89
Funding: Account
# P001-4800-1530 - $133,400.00
# Parking Reserve Fund - $133,400.00
Councils concurrence with the recommendation outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Director of Municipal Works
& 2 ehnculDMlixaCeDE°..-~ea¢l~;r o f Community Services
Respectfully Submitted by:
Edward P. Lustig, ~ ~
Chief Administrative Officer
S:\TRAFFIC~.EPORTSL2001 ~2001 CouncilhMW2001-89.wpd
The City of
I-
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
June 11, 2001
Adele Kon
Director
R-2001-22
His Worship Mayor Wayne Thomson,
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members: Re:
R-2001-22
Canada Day - Free Swimming
RECOMMENDATION:
That City Council authorize free swimming at the four (4) Municipal Pools on Sunday, July 1st
2001, as part of the celebrations planned for Canada's 134t~ Birthday.
BACKGROUND:
The Niagara Falls Canada Day Committee is again coordinating the celebrations for Canada's
Birthday. A busy day of entertainment, exhibits, games, classic car show and demonstrations are
planned with a Parade starting offthe Celebration at 11:00 a.m.
It is the Committee's hope that the children of the City of Niagara Falls will further be able to enjoy
and remember Canada's Birthday, through the offering of free swimming.
Respectfully Submitted:
VS/das
Kim Craitor, Alderman,
Chair, Canada Day Committee.
The City of
Niagara Falls
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
June l 1, 2001
Adele Kon
Director
R-2001-26
His Worship Mayor Wayne Thomson,
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
R-2001-26- Canada Day 2001
RECOMMENDATION:
It is recommended that this report be received and filed for information.
BACKGROUND:
The Niagara Falls Canada Day Committee has an exciting program planned for Canada's 134th
Birthday on Sunday, July Ist 2001. This popular event attracts many people to the Optimist Youth
Park, with activities taking place from 11:00 a.m. to 5:00 p.m.
This year's theme is Celebrate Canada..."Niagara Falls Style.. The Festivities start with a Parade
from the Delta Monte Carlo Bingo Parking Lot on Drummond Road. The Grand Parade Marshall
will be the first baby bom in Niagara Falls in the year 2001. The Thorold Pipe and Dnan Band and
the Lincoln and Welland Regiment Band will be participating in the Parade, along with more than
80 entries received to date. Additional festivities for this year at Optimist Park include the Crowning
of Miss Niagara, Tom Bishop's Wild West Show, children's inflatable play station, YTV's Weird
on Wheels Show, and popular youth groups including, The Rick Rose Band, Up In Smoke, In-
Tense, Tributes to N'Sync, Britney Spears, Shania Twain, The King of Rock'N Roll by Elvis Now,
and much much more.
The Opening Ceremony will once again include the singing of 'O Canada', winners of the Essay
Contest, Good Citizen Awards, as well as a special presentation to the Parade Grand Marshal. The
community is supporting the Canada Day event and donations have reached $14,355.00 (summary
attached).
}Forking Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-26 - 2 - June 11, 2001
CONCLUSION:
The Niagara Falls Canada Day Committee would like to extend an invitation to Members of City
Council and all citizens of Niagara Falls to attend the Celebrations at Optimist Youth Park on
Sunday, July 1st 2001. This is a free event that is guaranteed to provide something for the entire
family.
Respectfully Submitted:
Alderman Kim Craitor
Chair, Canada Day Committee.
VS/das
Attachment
S:\Council\Counci12001~R-2001 ~26.wpd
2001 CANADA DAY DONATIONS
Date Revised: June4/01
Casino Niagara $5,000.00
John Howard Society of Niagara 50.00 ~
Simcoe Street Public School 100.00
Niagara Peninsula Canadian Hungarian
Cultural (Sports Centre) 300.00
Niagara Strings 300.00
Our Lady of Peace Holy Name 50.00
Canadian Corps Unit #104 200.00
Ukr~ainian Canadian Hi,Ih Horizon - Bingo 100.00
Lundy's Lane BIA 500.00
Stamford Lions Club 100.00
Kentucky Colonel of Niagara 100.00
Niagara Falls Sertoma Club 200.00
Bingo Country Charities Association 250.00
Niagara Fails Federal Riding Liberal Association 200.00
Knights of Cloumbus 200.00
Bingo Country 250.00
Niagara Marco Polo Foundation 100.00
Parents Association 2835 RCACC 100.00
Niagara Fails Nature Club 50.00
Niagara Falls Horticultural Society 25.00
Mr. David Hicks 5~00
Friends of Stamford Village 25.00
Tim Hortons - Dorchester Road, Thorold Stone
'Road and Montrose Road Stores 500.00
Chippawa Volunteer Firefighters Association 100.00
Niagara Ten Club 2,000.00
Downtown Board of Management 50.00
The Ritz Motel Limited 100.00
Lioness Club of Stamford 200.00
Niagara Falls Labour Charitable Foundation 2,500.00
Lord Halifax I.O.D.E. 50.00
First Niagara Insurance 100.00
Niagara Shrine Club 500.00
St. Patrick's Parish Bingo Committee 50.00
TOTAL I $'14,355.00
$:~event$'~Canada Day~000~on ations~bu sin ess. 123
The City of ~l~l~
Corporate Services Department
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: wwagg @city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
June 11, 2001.
E.C. Wagg
City Clerk
CD-2001-05
Re: CD-2001-05 - Special Occasion Permits
RECOMMENDATIONS:
That Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations
listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organizations and has been reviewed and approved
by the Parks, Recreation & Culture; Building & Inspections Division; and the Fire Department. Council's
concurrence with the Recommendation is requested.
The Royal Canadian Legion Branch 51 Patio Bar, Barbecue, Yard September 9, 2001 5743 Valley Way
Sale & Sport Events
Sertoma Lobster & Prime Rib Dinner June 24, 2001 Knights of Columbus
Hall, 6101 North Street
Larry Pugliese Slo-Pitch Tournament July 7 & 8, 2001 C.W. Palmer Park,
Stanley Avenue
City Clerk
Approved by:
~Tony Ravenda
Executive Director of Corporate Services
E~ect fully submitted:
dward P. Lustig
Chief Administrative Office
ECW:lw
Corporate Services Department
The Cily of
Niagara Falls lJ~ll~/~
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.niag arafalls.on.ca
R.O. Kalllo
City Solicitor
L-2001-29
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-29, Establishment of a Daylighting Triangle
As a Public Highway - Colborne Street
Our File No.: 2001-93
RECOMMENDATION:
That the daylighting triangle, described as Part 3 on Reference Plan No. 59R- 11154, be established
as a public highway, to form part of Colbome Street.
BACKGROUND:
As a condition of Land Division Committee consent, Ronald Gagnon and Laurelle Gagnon conveyed
a daylighting triangle to the City. The subject land is located at the south east comer of Colbome
Street and St. Peter Avenue and shown hatched on the plan attached. Staff is now recommending
that the subject land be dedicated as a public highway to form part of Colbome Street.
Prepare~ by:
.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
2.~~ by:
City Solicitor.
Approved by:
~Tony Ravenda,'
Executive Director of Corporate Services.
Working Together to Serve Our CommuniO~
Clerk's Finance · Human Resoumes · Information Systems · Legal Planning & Development
N
AREA
6957.0 sq. fi,
4949.7 sq. ft.
112.5 sq. ft.
S
Colborne
~ z
o21 _j
2>-
m
115
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'o ~-~ PiN 64,2?9 -
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Lo[
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o~
(~,~,,,'& m~ 120.ti'
11
PIN 64279- 0328
o.~,
O. 15 N
Lot, 10
Lot 9
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
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
June 11, 2001
R.O. Kallio
City Solicitor
L-2001-30
L-2001-30, Establishment of Turnarounds
And One Foot Reserve As Public Highways
Part 1 on Reference Plan No. 59R-11347 and
Block A on Plan No. 225 - Balmoral Avenue
Block 12 on Plan 59M-259 - Silvan Street
Our File Nos.: 1996-204, 2000-05
RECOMMENDATION:
1. That the turnaround, being Part 1 on Reference Plan No. 59R~ 11347, and the one foot reserve
described as Block A on registered Plan No. 225 be established as a
public highway, to be known as Balmoral Avenue.
2. That the turnaround, being Block 12 on registered Plan No.59M-259, be established as part
of a public highway, to be known as Silvan Street.
BACKGROUND:
In 1996 a land exchange between the City and Gerardo and Anna Cavaricci rendered a
building lot. As a result, Balmoral Avenue was required to be extended, past the one foot reserve,
as shown on the Plan attached. Staff is now recommending that the road extension together with the
one foot reserve be established as Balmoral Avenue.
L-2001-30 - 2 - June 11, 2001
Block 12 on registered Plan No. 59M-259 is the easterly portion of a turnaround located on the east
side of Silvan Street and shown hatched on the plan attached. It was conveyed to the City at the time
of registration of the Flowers Estate Subdivision. Staffis now recommending that the subject land
be dedicated as public highway to form part of Silvan Street.
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
City Solicitor.
Respectfully Submitte ~d~.,,,
P. Lustig,
Chief Administrative Officer.
Working Together to Serve Our Community
Clerk's Finance Human Resoumes Information Systems · Legal Planning 8. Development
WP.
LEGEND BEARING NOTE
Lof B - PLAN 225
& Pod of Slomford Township Lot 114
_ua,,____ ,,~ ~~now
,~,~.'._,_.,~_=~,~.~ CiTY OF NIAGARa, FALLS
· -- ~.~.4ca~ REGIONAL MUNIC~P~*LITY OF NIAGARA
N
i E
59R-10356
.LOC~ ~_~
S PLAN 59M~253
(0.305 reserve)
Ri1
LOT 3
LOT 4
LOT 5
PIN 6#287- 0117
LOT 75
P/N 64287 - 0059
z
LOT 7 6
PIN 64287 - 0060
LOT 77
SURVEYOR"S REAL PROPERTY REPORT
LOT 4, PLAN 59M--259
Cl'r'f OF NIAGARA FALLS
LEGEND
"."? .... -~"~-~2~'.~T.-: ;~-'
SURVEYOR'S CERTIFICATF
1284211
~latthe~s, Cameron, Hey~9od - Kerry T. Howe
Surveying Limited
Corporate Services Department
N,agara Foils
Can~W
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,niag arafalls.on.ca
R.O. Kallio
City Solicitor
L-2001-31
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-31, 1006057 Ontario Limited Purchase from the City
Part 7 on Reference Plan No. 59R-10309 and
Closing of Part of Graham Street
Our File No.: 2000-140
RECOMMENDATION:
1. To authorize the conveyance of Part 7 on Reference Plan No. 59R- 10309 to 1006057 Ontario
Limited, at no cost to the City.
2. That staffbe authorized to proceed with the closing of Graham Street designated as Parts 8
and 10 on Reference Plan No. 59R-10309.
BACKGROUND:
On May 29, 2000, Council authorized the acceptance of an offer of 1006057 Ontario Limited to
purchase part of the closed portion of Graham Street on Registered Plan No. 94, designated as Parts
4 and 5 on Reference Plan No. 59R-10309 for $11,672.00. A copy &report MW-2000-54 is
attached for your information. Part 7, being a two metre strip of land, was inadvertently omitted
from the description of the lands to be conveyed to 1006057 Ontario Limited. Part 7 is shown
hatched on the plan attached. Parts 4, 5 and 7 were declared surplus prior to acceptance of the offer.
The conveyance of Part 7 would be made at no cost to the City.
Parts 8, 9 and 10 on Reference Plan No. 59R-10309 represent a one foot reserve which was
dedicated as part of Graham Street. This dedicated one foot strip of land divides property owned by
1006057 Ontario Limited into two parcels preventing orderly development of the property. Staff
L-2001-31 - 2 - June 11, 2001
concurs that Part 9 should remain open as part of Graham Street, however, Parts 8 and 10 can be
closed and conveyed to the abutting owner. Parts 8 and 10 are also shown hatched on the plan
attached.
PrepareJ:l by:
S.M. Dani~s, A.M.C.T.
Legal Assistant/Property Manager.
ed by:
City Solicitor.
Approved by:
o~Tony Ravenda,
Executive Director of Corporate Services.
Resp~ect fully Submitted:
P.
· Administrative_Officeff.
~SCHEDULE
INSTRUHE#T
l
PART 2
PART
PART
PART
LOT
BEARING NOTE
~EARING$ AR[ ASTRONOMIC AND ARE REFERREO
TO THE ~,OUTH UMIT OF GRAHAt"I STREET
HETRIC NOTE:
SURVEYOR'S CERllFICATE
-- -- ~ ALLAN J. H[¥WO00
Matthews, Cameron, Heywood - Ke~y T. Howe
~' Oisfances on rh~ plan are in eefres and can be
~'"'~'~ "--~ ......... ~""~'~ converted to fee~ by dividing by
Surveying Limited
Graham Street - PLAN
& Part of Stamford Township Lot 1/~8
now
CITY OF NIAGARA FALLS
REGIONAL MUNICtPAUTY OF NIAGARA
*q'he'CiW of Municipal Works Ed Oujlovlc, P. Eng.
~Niagara FoI s 4310 Queen Street Director ~
Canada P.O. Box 1023
Niagara Falls, ON L2E 6X5 MW-2000-54
web site: www,city.nlagamfalls,on.ca File: Graham Street
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks~city.niagarafalls.on.ca
May29,2000
Alderman Victor Pietrangelo, Chairperson ~.[ E. DUSLOVIC
and Members of the Community Services Committee lZROM 8 g.0. KALLI0
City of Niagara Falls, Ontario THE RECOMMENDATION (S}
I'N THIS REPORT WERE ADOPTED IN
Members: Re: MW-2000-$4 GOUIff~.I~/~ MI~F.~O HELD~O~I'q
Development Proposal ?/Jill]## '~' ~
RECOMMENDATIONS:
(1)
That the offer submitted by 1006057 Ontario Limited (Mr. G. Bahdi) for Parts 4
& 5 on Ref. Plan 59R-10309 in the mount of$11,672.00 be accepted.
(2) That the by-law for the same be approved.
BACKGROUND:
In September 1999 a report was submitted to this Committee recommending that the above
property (Parts 4 & 5 Plan 59R 10309) be sold to Mr. G. Bahdi's company for the amount of
$12,845.00. This amount was based on some calculations done by the writer, and was not based
on an actual appraisal of the value of the property. The report was deferred to staff for further
considerations. ~
An appraisal was carried out by the purchaser, under the staff's auspices and the land was
appraised at $11,672.00. After meeting with the Purchaser and City's Legal Staff, it was decided
that the appraisal represents a fair value for the lands in question.
Municipal Works
JUN 0
2000
Working Together to Serve Our Community
Fire Services Parks, Recreation & Culture
Business Development
OFFER TO PURCHASE
1006057 Ontario Limited, hereinafter called the Purchaser, offers to purchase from The
Corporation of the City of Niagara Falls, hereinafter called the Vendor, that property in the City
of Niagara Falls, in the Regional Municipality of Niagara which is more particularly described as
follows:
Part of Graham Street Plan 94 designated as Parts 4 and 5 on Reference Plan No. 59R-10309
!
at the PURCHASE PRICE OF ELEVEN THOUSAND SIX HUNDRED SEVENTY TWO
DOLLARS ($11,672.00) of lawful money of Canada, payable on the following terms:
Purchaser submits with this offer Five Hundred Dollars ($ 500.00) cash, certified cheque or
money order payable to the Vendor as a deposit to be held by the Vendor pending
completion o~ termination of this Agreement and to be credited towards the Purchase Price
on completion.
Purchaser agrees to pay the Vendor the balance of the Purchase Price, subject to the usual
adjustments, by certified cheque on the closing of this transaction and any Goods & Services
Tax due and payable shall be colleCted by the Vendor from the Purchaser at the time of
closing.
This Offer shall be irrevocable by the Purchaser and may be accepted by the Vendor up to
but not after midnight May 31, 2000.
This offer is subject to and conditional upon the Council of The Corporation of the City of
Niagara Falls passing a by-law prior to May 31, 2000, authorizing its acceptance of this offer
to purchase the said lands and if such by-law is not passed by such time this agreement shall
be null and void and the deposit money shall be returned to the Purchaser without interest
or deduction.
In the event that this Offer is not accepted or consented to, this Offer and everything herein
contained shall be null and void and no longer binding upon any of the parties hereto and the
deposit shall be returned by the Vendor without interest and the Vendor shall not be liable
for any damages or costs.
12.
13.
14.
15.
16.
17.
18.
19.
The Purchaser shall assume any taxes, local improvements, water and sewer rates from the
date set out in paragraph l0 hereof.
The deed or transfer, except for the Land Transfer Tax Affidavit which shall be prepared and
completed by the Purchaser, shall be prepared in registerable form at the expense of the
Vendor.
This agreement and its acceptance is to be read with all changes of gender or number
required by the enntext.
In the event of failure of the Purchaser to complete this a'ansaetion by the date set out in
paragraph 10 hereof, the deposit shall be forfeited to the Vendor as liquidated damages, in
addition to any other right or remedy to which the Vendor may be entitled hereunder.
The Vendor makes no representation, warranty, condition either 'expressed or implied as to
soil enndition, services, utilities, fitness for the purpose of zoning and building by-laws, park,
road widening or other possible dedications, or as to charges, levies and regulations of The
Corporation of the City of Niagara Falls, The Regional Municipality of Niagara, utilities or
other regulatory authorities. The Purchaser shall satisfyitselfin respect of such matter prior
to submitting this Offer.
The Purchaser acknowledges having inspected the property prior to submitting this Offer and
understands that upon the Vendor accepting this Offer, there shall be a binding agreement
of purchast: and sale between the Purchaser and Vendor.
Any tender of documents or money hereunder may be made upon the Solicitor acting for
either party from whom tender is desired, and it shall be sufficient that a negotiable certified
cheque by a chartered bank or trust enmpany may be tendered instead of cash.
The Vendor hereby appoints the City Solicitor of The Corporation of the City of Niagara
Falls for the purpose of giving and receiving notices pursuant to this agreement.
Corporate Services Department
Legal
Services
The City of
4310 Queen Street
Niagara Falls I1~11~ P,o. Box 1023
Can~~,. Niagara Falls, ON L2E 6X5
web site: www,city.niagarafalts.on,ca
~ I - Teh (905)356-7521
Fax: (905)374-7500
E-maih rkallio@city.niagarafalls,on.ca
R.O. Kallio
City Solicitor
L-2001 - 32
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-32
Competition in the Marketplace
and the Planning Process
Our File No.
RECOMMENDATION:
For Information of Council.
BACKGROUND:
After it had given approval for a zoning by-law amendment for First Niagara Developments for a
home-improvement warehouse store at the power centre on Morrison Street, Council requested a
report on the City's position with respect to the marketability and competition aspects of zoning
applications of this nature.
The Commercial policies of the Official Plan provide for a planned function of each of the districts.
Classification of commercial areas recognize trade area requirements and function. The strategy is
to promote a healthy business climate and balanced retail structure.
Specifically, the Official Plan policies for the Monison/Dorchester retail district provide that it will
function as a sub-regional shopping district comprised of large free standing retail outlets. The
objectives are to recapture outflowing expenditures and provide alternative commercial shopping.
Working Together to Serve Our Communffy
Clerk's Finance · Human Resources · Information Systems Legal Planning & Development
-2-
The Official Plan contains policies under various sections of the Commercial designation to require
that the expansion of commercial floor space be tied to market demand. The Plan uses the phrase
"when warranted by the market" for the First Professional Development (s/w quadrant
Dorchester/Morrison), Niagara Square, Northwest Retail District (Mt Carmel Centre) and any new
unplanned retail district. This has been taken to mean a market study, in one of its various forms, is
required when demonstrating market need/demand. Therefore, the planning authority for requiring
market studies at the local level comes from the Official Plan.
The Ontario Municipal Board has accepted market evidence when it is being used to demonstrate
that proposed commercial development will alloW for the planned function of the district. This was
the case at the OMB heating regarding this particular development. The Board can, and did, hear
evidence that the market area and projected expenditures therein would support the planned function
of this big box development.
Market studies for the purpose of trying to demonstrate a specific business will be hurt by virtue of
competition alone would not be acceptable at the Board and should not be the basis for a Council
land use planning decision.
In a"store wars" case in Brampton which pitted the Loblaws chain against a proposed Costco store,
the OMB stated the following with respect to planning approvals and commercial competition:
"Once again it is necessary to emphasize that land use planning authorities
and this Board do not exist to oversee competition in the marketplace or to
protect the interests or plans of businesses. If that is the kind of calculated
risk that supermarket executives have made about their stores in this area,
they are entitled to do so. But they are not entitled to expect that land use
planning decisions will be made on the basis of maintaining the status quo
against all comers until their gambles can pay off.
It would be a different situation if the proposal in question were another
supermarket seeking to enter an akeady overstomd market. In that case, the
new entrant would be on all fours with the already stressed existing stores:
it would draw customers from the same trade area, compete for the same
weekly shopping loyalty, etc. It could be expected that almost all of its sales
would be transferred from the stores in closest proximity and that its full
impact would be felt by them.
This Board - constituted differently at many other times - has often
commented on the length and nature of these so called "store wars" heatings.
They have become a peculiar feature of the Ontario planning approval
process, one that now threatens to occupy a considerable portion of the
Board's calendar. One cannot help but suspect, perhaps even conclude, that
the Board is somehow being used as a means to prevent competition or at
least postpone it." [Brampton (City) Official Plan Amendment No. 208 (Re) [Costco, Price Club and
Loblaws (Re)l ]
-3-
In another case involving Home Depot, the Board stated that:
"A consistent aspect of Board jurisp~dence in these "store war" cases is a
reluctance to interfere in the competitive workings of the marketplace unless
there is clear evidence that "Urban Blight" is a real possibility." [ow~ Sound
(City) Official Plan Amendment No, 20 (Re) ]
Each commercial application for an amendment to the Official Plan or to the zoning by-law is
reviewed by the Planning Department to ensure that it represents appropriate planning. The issue
of competition is not a planning issue and therefore would not be considered except in the restricted
sense of whether the application impacted or was not in conformity with the Official Plan policies
and did not represent good planning.
Prepared and Recommended by:
A. Herlovitch
Deputy Director of Planning & Development
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
R. O. Kal
City Solicitor
Approved by:
,,~ T. Ravenda,
Executive Director of Corporate Services
ROK:mm
Corporate Services Department
Legal Services
The City of~/~1~, 4310 Queen Street
Niagara Falls ~i~,~ P.O. Box 1023
Cor~~~,- Niagara Falls, ON L2E 6X5
web site:www.city.niagarafalls.on,ca
~T~ Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city,niagarafalls.on .ca
R.O. Kallio
City Solicitor
L-2001-33
June 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-33, Licence Agreement with Mount Carmel Park
Association - Part of Mount Carmel Park
Placement of Portable Sign
Our File No.: 2001-69
RECOMMENDATION:
That a Licence Agreement with Mount Carmel Park Association to permit the placement of a
portable sign on a portion of Mount Carmel Park, located on the south side of Mount Carmel
Boulevard, be authorized.
BACKGROUND:
The Mount Cannel Park Association was formed to provide various recreation programs for the
community and engage in fundraising activities for future park improvements. The Association has
requested the City to grant a licence over a portion of Mount Carmel Park, located on the south side
of Mount Carmel Boulevard, to permit the placement of a portable sign to advertise park activities.
The location of the sign is marked on the plan attached.
The Association has agreed to pay an annual licence fee of $1.00 per annum, for a term of five years,
commencing May 1,2001. Either party may terminate the licence upon 30 days written notice. The
proposed licence has been reviewed by staff and location of the sign approved by the Parks,
Recreation and Culture Department.
Prepared~by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
~-o~ Tony Ravenda,
Executive Director of Corporate Services.
R.O.~~ ~~o, ed by:
City Solicitor.
Resllgctfully Submitt e~d..~
Edward P. Lustig,
Chief Administrative Officer.
NORTHWOOO DPJVE
SOUTH WOOD DRIVE
PLANTING PLAU