2001/07/16PLANNING MEETING
JULY 16, 2001
PRAYER: Alderman Ken Feren
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
His Worship Mayor Thomson will make a presentation to GeOrge Waters, past
Chairman of the Business Development Advisory Committee.
DEPUTATIONS
Matt Menna Sports Endowment Fund
Peter and Karen Menna wish to address Council on the matter.
-AND -
Report R-2001-31 - Matt Menna Sports Endowment Fund.
Operation CTL, Hard Hats, Soft Hearts
Mr. Garth McQueen, Manager, Learning Solutions, Canadian Tire Acceptance
Ltd., and Ms. Linda Branchchaud, Executive Director, Niagara Falls YWCA, wish to
provide an update on the YWCA project.
-2-
Nia~3ara Falls YMCA Twilight Road Race
Ms. Jennifer Gollert, YMCA, 200t Race Director, wishes to request Council
support in the waiving of costs involved in road closure and signage in connection with the
Niagara Falls YMCA Twilight 5km Road Race being held on July 21, 2001.
Big,qa Tomatafest
Ms. Carol Henderson, Niagara Parks Commission and Mrs. Paisley Janvary-
Pool, United Way, wish to address Council regarding the Third Annual Bigga Tomatafest
on August 17th, 2001.
Draina,qe Course No. 6
Mr. John Spriet, Consultant wishes to address Council regarding Drainage Course
No. 6.
- AND -
Report MW-2001-92 - Chief Administrative Officer - Re: Municipal Drain, Engineer's
Report, Section 4, Drainage Act, Drainage Course No. 6, Montrose Road (Young
Road to Carl Road)
Niagara Falls Health Professional Recruitment
Report BDD-2001-01, Niagara Falls Health Professional Recruitment Task Force.
- AND -
Dr. David Dec wishes to address Council on the matter.
ITEM NO. 21
PLANNING MATTERS
Public Meeting
Consultant Presentation
Adult Entertainment and
Body-Rub Parlour Study
-3-
ITEM NO. 22
ITEM NO. 23
ITEM NO. 24
Background Material:
Recommendation Report: PD-2001-63
Public Meeting
Zoning By-law Amendment Application
AM-13/2001, South Side McLeod Road
East of Alex Avenue, Proposed Long-Term
Care Facility
Background Material:
Recommendation Report: PD-200-56
- AND -
Correspondence from Marlene Speck
Correspondence from Sam B. Carrera
Public Meeting
Zoning By-law Amendment Application
AM-12/2001, NTEC, 3470 Sinnicks Avenue
Proposed Community Building Use.
Background Material:
Recommendation Report: PD-2001-58
- AND -
Correspondence from Mrs. Mavis Alexander
And residents from Vine Street
Correspondence from Canadian National
Railway Properties Inc.
Public Meeting
Zoning By-law Amendment Application
AM-09/2001, Calaguiro Estates Phase 2
Applicant: Kybala Ventures Inc.
Agent: Conlin Associates Limited
Background Material:
Recommendation Report: PD-2001-62
- AND -
Correspondence from Regional Municipality of Niagara
-4-
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
(HANDOUT) PD-2001-60, Zoning By-law
Amendment Application; AM-08/2001, Grand
Niagara Resort Corp.(Glen Schnarr &
Associates) Montrose/Grassy Brook/Biggar
Roads.
Chief Administrative Officer
PD-2001-57, Official Plan and Zoning By-law
Amendment; AM-20/99; Policies for
Testamentary Devise Pamels.
Chief Administrative Officer
PD-2001-59, Zoning By-law Amendment
Application; AM-34/2000, 4674 Ferguson Street;
Proposed Private Club for The Canadian corps,
Unit 104.
Chief Administrative Officer
PD-2001-61, Release of Agreement
Beaverdams Road (Southwest side); Rodilio &
Rita Recine.
REGULAR COUNCIL
ADOPTION OF MINUTES:
Planning/Regular Council Meeting of June 11, 2001 and
Special Council Meeting of June 21, 2001.
MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Clifton Hill B.I.A. - Re: Clifton Hill B.I.A. 200'1 Budget - requesting that Council
approve the Clifton Hill B.I.A. 2001 Budget.
RECOMMENDATION: That the request be approved.
Fallsview B.I.A. - Re: Fallsview B.I.A. Executive Committee - requesting that
Council approve the Executive Committee of the Fallsview B.I.A.
RECOMMENDATION: That the request be approved.
-5-
Regional Niagara, Office of the Regional Clerk - Re: Notice of Application for
Exemption under the Retail Business Holidays Act for Zehrs Market, 6940
Morrison Street - advising that the applicant is seeking an exemption based on the
tourism criteria for Victoria Day, Canada Day and Labour Day.
RECOMMENDATION: That staff reply that Council has no objections.
4a)
Alderman Art Federow - Re: Chippawa Willoughby Arena Concession -
requesting that Council reaffirms its decision of May 14, 2001 to reclaim the
concession operations at Stamford/Jack Bell Arena and Chippawa Willoughby
Memorial Arena and not return the operation to the Niagara South Recreation
Association; - AND- Communication No. 4b) Wayne Reid - Providing comments
with respect to the Skate Sharpening facilities at the Chippawa Arena.
RECOMMENDATION: For the consideration of Council.
Please Note: Mr. Brandon M. Boone, Solicitor, on behalf of the Niagara Falls Minor
Hockey Association wishes to address Council on the matter.
Village of Chippawa Citizen's Committee - Re: Main Street Closure, Niagara
Falls - expressing opposition to the closure of Main Street from Murray Hill south
to Fallsview Boulevard.
RECOMMENDATION: Refer to staff.
Wayne S. Scoff, Chair, Arts and Culture Commission - Re: Bicentennial
Celebration of the War of 1812-1814 - requesting that Council establish a
committee to begin the process of laying the groundwork towards celebrating the
bicentennial celebration of the War of 1812-1814~
RECOMMENDATION: For the consideration of Council.
Victoria Centre B.I.A. - Re: Restrooms for Visitors - requesting that consideration
be given in providing restroom facilities in the city parking lot on Ellen Avenue
between Walnut and Centre Streets.
RECOMMENDATION: Refer to staff.
The Arthritis Society, Niagara Falls Branch - Re: National Arthritis Month -
requesting that the month of September be proclaimed as "National Arthritis" month
and requesting that a flag raising ceremony be held on Wednesday, September 5,
2001 and further, that the flag remain displayed during the entire month of
September.
RECOMMENDATION: That the requests be approved.
-6-
Ms. Ella Turcotte - Re: Community Access Centre - expressing concerns with
respect to cutbacks in senior care at the Community Access Centre.
RECOMMENDATION: For the Information - Receive and File.
Additional Items for Consideration
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE
(Alderman Victor Pietrangelo, Chair)
COMMUNITY SERVICES MATTERS
1. Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
4. Chief Administrative Officer
5. Chief Administrative Officer
6. Chief Administrative Officer
7. Chief Administrative Officer
MW-2001-94, Consulting Services for the Class
Environmental Assessment Schedule "C"
Fallsview Tourist Area Road Widenings.
MW-2001-95, Contract 2001-02, 2001 Sidewalk
and Concrete Repairs.
MW-2001-96, Contract 2001-03, 2001 Asphalt
Overlay Program, City Wide.
MW-2001-97, Contract 2001-09, 2001 Crack
Sealing Program, City Wide.
MW-2001-98, Confirmation of Staff Action-
Loblaw Properties Limited; Municipal Parking Lot
#13 (Main St.) Reconstruction.
MW-2001-100,2001 Ontario Traffic Conference
Annual Convention, Windsor.
MW-2001-103, Appointment of Consultant:
Class Environmental Assessment; Dorchester
Road from Lundy's Lane to Thorold Stone Road.
-?.
10.
Chief Administrative Officer
Chair, Environmental Planning
and Greening Committee
Chief Administrative Officer
MW-2001-104 Municipal Servicing Agreement,
St. Patrick/St. George/Brock/McMickning Streets.
R-2001-28, Actions Stemming from the
Environmental Planning & Greening Committee
Meeting of June 20, 2001.
R-2001-29, Adopt-A-Walkway Program, Brian
Crescent and Harriman Street.
RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE
(Alderman Klm Craitor, Chair)
1. Chairperson, Municipal Parking
and Traffic Committee
MW-2001-99, Municipal Parking & Traffic
Committee, Recommendations, June 19, 2001
Meeting.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Alderman Wayne Campbell, Chair)
MISCELLANEOUS MATTERS
2. Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
6. Chief Administrative Officer
CD-2001-06, Renewal of Franchise Agreement
between the City of Niagara Falls and the
Consumers Gas Company Ltd.
CD-2001-07, Special Occasion Permit.
CD-2001-08, Special Occasion Permits.
L-2001-35, J.H. Hunter Design Build Niagara
Limited, Agreement with the City; Building Permit
Testamentary Devise.
L-2001-36, Agreement with Peninsula Broilers
Limited, 4389 Park Street.
-8-
Chief Administrative Officer
Chief Administrative Officer
Chief Administrative Officer
10. Chief Administrative Officer
11. Chief Administrative Officer
L-2001-37, Ella Encroachment Agreement with
the City, Rear and Side of 6474 Balmoral
Avenue.
L-2001-38, Wegelin/Gallie Agreement with the
City; Building Permit, Testamentary Devise.
L-2001-41, Conveyance of Lot 22 and Plan No.
M-78 to Ascot Woods Ltd.
L-2001-42, Authorization to Proceed with the
Closing of the Unopened Portion of Mewburn
Road (formerly Clow's Road) & Part of the
Unopened Road Allowance between Stamford
Township, Lots 14 & 27.
L-2001-43, Establishment of a Road Widening
and One Foot Reserve as Public Highways,
Beaverdams Road and Claude Avenue.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTIONS
Resolved that the Council of the Corporation of the City of Niagara Falls hereby
determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the
changes to the proposed zoning by-law for Application AM-34/2000 (Canadian
Corps Unit 104, 4674 Ferguson Street regarding a private club use within the
existing building) are minor in nature and do not require any further notice.
WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls
a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended
use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS
the Province has requested this information by July 31, 2001; and WHEREAS the
Ministers of Finance and Municipal Affairs & Housing have requested that each
municipality submit an electronic copy of a forecast of the 2001 continuity of
reserves and reserve fund schedule (FIR Schedule 60);
-9-
and, NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls
has complied with the Ministers' request and has attached the electronic copy of a
forecast of the 2001 continuity of reserves and reserve fund schedule (FIR
Schedule 60) to this resolution; and, FURTHERMORE, THAT the schedule forms
part of the resolution of Council of the municipality of Niagara Falls.
WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls
a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended
use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS
the Province has requested this information by July 31, 2001; and WHEREAS the
Ministers of Finance and Municipal Affairs & Housing have requested that each
municipality submit an electronic copy of a forecast of the 2001 continuity of
reserves and reserve fund schedule (FIR Schedule 60); and, NOW, THEREFORE,
let it be resolved that the Municipality of Niagara Falls has complied with the
Ministers' request and has attached the electronic copy of a forecast of the 2001
continuity of reserves and reserve fund schedule (FIR Schedule 60) to this
resolution; and, FURTHERMORE, THAT the schedule forms part of the resolution
of Council of the municipality of Niagara Falls.
WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls
a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended
use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS
the Province has requested this information by July 31, 2001, and WHEREAS the
Ministers of Finance and Municipal Affairs & Housing have requested that each
municipality prepare a report on the planned use of the 2001 CRF allocation; and,
NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls
intended to use the 2001 CRF allocation in ways described in the attached report
and, FURTHERMORE, THAT the attached report forms part of the resolution of
Council.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2001-125
(HANDOUT) Drainage Course No. 6, Montrose Road (Young Road
to Carl Road)
(For First and Second Reading Only)
- ]0 -
2001-126
To authorize the execution of a Consulting Agreement with Delcan
Corporation respecting to carry out a "Class Environmental Assessment on
Dorchester Road from Lundy's Lane to Thorold Stone Road".
2001-127
To authorize the execution of an agreement with Sacco Construction Limited
respecting the 2001 Sidewalk and Concrete Repairs - City Wide.
2001-128
To authorize the execution of an agreement with Norjohn Limited respecting
2001 Asphalt Overlay Program - City Wide.
2001-129
To appoint Municipal By-law Enforcement Officers for the City of Niagara
Falls.
2001-130
To authorize the conveyance of Lot 22 on registered Plan No. M-78 in the
City of Niagara Falls, in the Regional Municipality of Niagara to Ascot Woods
Ltd., for nominal consideration.
2001-131
To amend By-law No. 93-283, as amended, being a by-law to appoint a chief
building official and inspectors under the Building Code Act.
2001-132 To amend By-law No. 79-200, as amended. (Re: AM-13/2001)
2001-133
To authorize an Agreement, dated June 20, 2001, with Walter Wegelin and
Ivy I..illian Gallie regarding application for a building Permit.
2001-134 To amend By-law No. 79-200, as amended.
2001-135
To amend B~law No. 79-200, as amended(Re: AM-35/1988, St. Paul
Avenue)
2001-136
To established Parts 3 and 5 on Reference Plan No. 59-R-11405, as a public
highway, to be known as and to form part of Beaverdams Road.
2001-137
To amend By-law No. 79-200, as amended. (AM-12/2001, 3470 Sinnicks
Ave.)
2001-138
To authorize an Encroachment Agreement with Frank Elia and Assunta Elia
for the purpose of permitting the encroachment of a fence onto City owned
parkland.
- 1] -
200t-t39
2001-t40
2001-141
2001-142
2001-143
2001-t44
2001-145
2001-146
200t-t47
2001-148
2001-149
To authorize the execution of an agreement with Niagara Falls Hydro Inc.
respecting contracting out functions relating to the reading of water meters,
the billing of water users, the collection of water bills and other related
functions.
To authorize an Agreement with Peninsula Broilers Limited with respect to
conditions imposed by the Committee of Adjustment by decision dated
December 19, 2000 under File No. A-87/2000.
To authorize a Release for the purpose of releasing Rodilio Recine and Rita
Recine, their successors and assigns, being the owners of land located on
the south side of Beaverdams Road, from the requirements and provisions
of an Agreement registered on July 16, 1987 as Instrument No. 501052, at
no cost to the City.
To authorize an Agreement dated June 13, 2001, with J.H. Hunter Design
Build Niagara Limited regarding application for a Building Permit.
To authorize the execution of an agreement with 788893 Ontario Limited
operating business as Niagara Crack Sealing respecting the 2001 Crack
Sealing.
To amend By-law No. 89-2000, being a by-lawto regulate parking and traffic
on City Roads (Parking Prohibited, Standing Prohibited)
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads. (Stop Signs, Through Highways, Heavy Vehicle Restriction)
To appoint Court of Revision Members, pursuant to the Drainage Act, R.S.O.
1990, for the purpose of considering appeals, for the construction of
Drainage Course No. 6.
To amend By-law No. 79-200, as amended. (Re: AM-34/2000, 4674
Ferguson St.)
To authorize the execution of an agreement with Friends of The Brian
Crescent & Harriman Street Walkway respecting an Adopt-A-Wallkway
Program.
To amend By-law No. 79-200, as amended. (Re: AM-36/2000, Stanley Ave.
through Main St.)
- ]2 -
2001-150
To authorize the execution of a Consulting Agreement with Delcan
Corporation respecting to carry out a "Class C Environmental Assessment
on Falisview Tourist Area Road Wideningt".
2001-t51
To authorize acceptance of a Transfer of Easement from Walker Community
Development Corporation and Maitland Group Inc. for the purpose of
constructing and maintaining a storm sewer and catch basin over part of
Block 54 on registered Plan No. 59M~251.
2001-152
To establish Block B on registered Plan 249, as a public highway, to be
known as and to form part of Claude Avenue.
2001-153
To authorize the execution of an agreement with Centennial Construction
and Contracting (Niagara) Inc. to carry out certain development upon the
lands known as Wiens Subdivision.
2001-154
To amend By-law No. 79-200, as amended. (Re: AM-05/2001, 527786
Ontario Limited)
2001-155 To authorize Monies for General Purposes (July 16, 2001)
NEW BUSINESS
Community Services Department
Parka, Recreation & Culture
7565
Lundy's
Lane
The City of
Niagara Falls, ON L2H 'IG9
Niagara~~FaHs I1~1~ web site: www.city.niagarafalls.on.ca
Can~~ Tel: (905)
356-7521
~ I - Fax: (905)356-7404
E-mail: akon@city,niagarafalls,on.ca
Adele Kon
Director
R-2001
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2001-31 - Matt Menna Sports Endowment Fund
RECOMMENDATION:
That the attached policy be approved and that a letter regarding the policy be forwarded to Canada
Customs and Revenue Agency.
BACKGROUND:
On October 16, 2000 our community was saddened by the unfortunate loss of two young Chippawa
boys, Matthew Menna and Charlie Kfieg who were unfortunately struck down by an automobile.
As a memorial to the: boys, Peter and Karen Menna have established an endowment fund for young
athletes who require financial assistance. To date approximately $10,000 has been raised.
The Menna family has worked closely with staff to develop the attached policy. As the policy
explains, the Members of the Recreation Commission will oversee the policy, and make the selection
of an individual(s) showing promise in a particular sport. The funds will remain under the control
of the Meuna Family and they will issue the cheque once a selection or selections have been made.
In order to obtain a charitable number, an organization must exist to oversee the endowment fund.
The charitable number is required in order to issue income tax receipts to donors. Once Council has
approved the policy, a letter and a copy of the policy will be forwarded to Canada Customs and
Revenue Agency to satisfy their requirement that an organizational structure exists to oversee the
endowment fund.
l~orking Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2001-31 - 2 -
Recommende~l ?.y: ~
Director of Parks, Recreation & Culture
Approved by:
J,]h.,..~. MacDonald /
Executive Director of Community Services
AK~das
Attachment
S:\Council\Council 2001 ~R-2001-3 l.wpd
July 16, 2001
RTfully~ubmitted:
Edward P. Lustig //
Chief Administrative Officp(
DEPARTMENT:
PARKS, RECREATION &
CULTURE
DATE EFFECTED:
March, 2001
POLICY:
Matt Menna Sports
Endowment Fund
SECTION: 1000
Page 1 of 1
1. The Recreation Commission under the Matt Menna Sports Endowment Fund will allocate, to
an individual showing promise in a particular sport, financial assistance in order to pursue the
sport. This fund will be dispersed on a biannual basis.
2. Financial assistance may be provided if an applicant meets the following conditions:
a) A request for financial assistance application is completed, and submitted prior to
attending the activity.
b) To be eligible for funding, this application must demonstrate the need for funding.
c) The applicant must be a resident of Niagara Falls, be attending school on a full time
basis, and be under the age of 25.
d) The financial assistance may be available to assist with the registration costs of an event
or sport activity, as well as, equipment and travel expenses.
e) The financial assistance for registration costs may be up to 100% depending upon the
needs of the applicant.
f) Applications will be reviewed (in confidence) by the Recreation Commission.
g) A financial statement with copies of receipts, will be required within thirty (30) days
following the event or purchase of equipment.
3. The Recreation Commission will share the information received with the related sport
organization or governing body that the applicant intends to pursue.
4. There will be an allocation of $100.00 of the Matt Menna Sports Endowment Fund to Tender
Wishes in mexnory of Charlie Krieg for each approved application for funding.
Revised: March, 2001
Name:
APPLICATION FOR FINANCIAL ASSISTANCE
UNDER THE MATT MENNA SPORTS ENDOWMENT
Address:
Postal Code: Phone Number:
Financial Assistance is requested for the following sport activity:
Activity
Date (s):
Location:
Fees and Expenses
(please provide information verifying cost and attach to this application)
Reasons for financial assistance:
Name(s) and phone number of contact person of the local sport body to be used to verify the information
contained in the application
Has any sponsorships or donations been collected to assist with expenses? Yes FI No FI
If yes, please indicate amount received and name of sponsor
*Please attach the required letter of support and any other support material.
Certification
I confirm that I satisfy all eligibility requirements in the Application, and that the information including
all attachments and support materials, is true and accurate to the best of my knowledge.
Signature of Applicant
(or Guardian if under 18 years)
Date
IPlease mail to:
Recreation Commission I
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
Applications will be available at the Parks, Recreation & Culture office, 7565 Lundy's Lane. Should you
have any questions regarding the application, please call 356-7521, ext. 4330, Monday to Friday, from
8:30 a.m. to 4:30 p.m.
Applications may be submitted at any time during the year but will be reviewed May 1 st and November
1st. Applicants will be notified of the results of their application.
Revised: March, 2001
Tuesday June 26, :2001
E.C. Wagg
City Clerk
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Wagg,
Please consider this letter a request for the Niagara Falls YMCA to address City Council
at an upcoming council meeting.
Last year the City of Niagara Falls, generously supported the Niagara Falls YMCA by
forgoing the costs involved in road closure/signage, in connection to our Twilight 5kin
Road Race.
We are holding this evem again this year, on Saturday July 21st, 2001, and wish to
approach council once again for their support.
All proceeds generated from this race directly support children and youth in the Niagara
Falls area.
Please feel free to contact me directly should you have any unanswered questions. Thank
you for your consideration.
Sincerely,
Jennifer Gollert
2001 Race Direclor
2001 Partners With Youth Campaign Chair
pLANNiNG MEF.'BNG .IgL I o --
UNITED WAY OF NIAGARA FALLS
May 30, 2001
Mr. Wood Wagg
City Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Wagg:
On behalf of the United Way of Niagara Falls and the Niagara Parks
Commission, permission is requested to address City Council at the
meeting of July 16, 2001 to inform .C. ouncil of the upcoming Third
Annual Bi,ga Tomatafest, which w,II be held on August 17th and
August 19'", 2001.
There will be representation from Club Italia, Niagara Parks
Commission and United Way. Should you request further
information prior to the meeting, please contact me at 905-354-9342.
Thank you.
Jani~ ~a'lmer
Exect :ive Director
P,-.AHNING ME£TING '._,JUL
5017 Victoria Avenue, Niagara Falls, Ontario L2E 4C9 Telephone: (905) 354-9342 Fax: (905] 354-2717
E Mail: unitedway@mail2.caninet,c0m Web Site: www.unitedweyniagara.0rg
The City of
Niagara Falls
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: (905) 356-7521
Fax: (905) 356-2354
Ed Dujlovic, P. Eng.
Director
MW-2001-92
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of M~micipal Council
City of Niagara Fall. s, Ontario
Members:
Re:
MW-2001-92 - Municipal Drain - Engineer's Report
Section 4 - Drainage Act
Drainage Course No.6 - Montrose Road
(Young Road to Carl Road)
RECOMMENDATION:
It is recommended that the Council adopt the Engineer's Report for Drainage Course No.6 prepared
under the authority of Section 4 of the Drainage Act, R.S.O., 1989 and that staff be directed to
prepare the provisional bylaw as prescribed in the Act.
BACKGROUND:
On July 22, 1987, the City Engineer signed a Petition for Drainage Works to conduct a drainage
investigation and, if required, proceed with the establishment of a Municipal Drain servicing the
general drainage area shown on attachment "A'.
In May of 1999, the City engaged the services of Spriet Associates Consulting Engineers to prepare
the Engineer's report under the authority of the Drainage Act. Due to the complexity of the design
and the relatively low rate of participation among the owners, staffarranged for three meetings with
the landowners within the defined watershed.
The comments front those who attended the public meetings were generally supportive of the project.
The next step in the Municipal Drain process after the adoption of the Engineer's report will be to
schedule the Court of Revision to deal with assessment appeals. The passing of a provisional bylaw
(2 readings) is required in order to proceed and these have been included in this evening's agenda
for your consideration.
Cont'd Pg.2...
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws
2001-07-16 -2 - MW-2001-92
The details and design parameters are appropriately described in the attached report (see attachment
'B').
Funding for the City's share of this project have been included in this year's Capital Works Budget.
Your favourable consideration of this report is appreciated.
GeoTf Holman
Manager of Development
ed by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
Approv_ed ~,:
~C~lr~ John MacDonald
Executive Director of Community Services
Respect fully Subm~}tted t:ry~
Edward P. Lustig
Chief Administrative Officer
GH:lb
S:kREPORTS~2001 Reports~lvlW-2001- - Municipal Drain - Engineer's Report.wpd
PROBLEM ~
PETITION FOR DRAINAGE WORKS
BY ENGINEER OR ROAD SUPERINTENDENT
OR PERSON HAVING JURISDICTION OVER ROAD
Drainage Act, R.S.O. 1980 c. 126, s. 4(1) (c); R.R.O. 246, l~onn 5
.I, Larry Oates
D~xcrib=
Engineer or Itoad Superintendent or person having jurisdiction over road (as the ca~e may be) for the
CITY of NIAGARA FALLS
hereby p~tition that the area more particularly described as follows:
YOUNG ROAD AND MONTROSE ROAD, NORTH OF SCHISLER ROAD~ SOUTH OF
bounds,~iv.
In~ each lot
CARL ROAD,
AT THE SOUTH EAST CORNER OF LOT 1, CONCESSION 2 CROWI,AND
and part of
lot, number ,
or ~'onces-
IN THE CITY OF NIAGARA FALLS
sion or
each lot or
part of lot.
Attach ex-
ira slreet il'
required,
DRAINAGE COURSE NO. 6
City of Niagara Falls
SPRIET
ASSOCIATES
ENGINEERS & ARCHITECTS
Job No. 99139 June 29,2001
London, Ontario
June 29, 2001
DRAINAGE COURSE NO. 6
City of Niagara Falls
To the Mayor and Council
of the City of Niagara Falls
Mayor and Council:
We are pleased to present our report on the construction of the Drainage Course No. 6
Municipal Drain serving parts of Lots 10 to 14, Concession 7 N.R. and Lots 1 and 2, Concessions
1-3 in the City of Niagara Falls.
AUTHORIZATION
This report was prepared pursuant to Section 4 of the Drainage Act in accordance with
instructions received from your Administrative Staff with respect to a motion of the City Council.
The work was initiated by a petition signed by the City of Niagara Falls Road Authority.
DRAINAGE AREA
The total watershed area as described above contains approximately 118 hectares. The area
requiring drainage is described as Young Road, the road allowance between Concession 2 and
3 opposite Lots 1 and 2.
HISTORY
There are presently no municipal drains in the area. A preliminary report was prepared by
J. Bryon Wiebe Ltd. in 1988. it identified the drainage area and estimates of cost for an open
channel scheme through Concession 7 N.R. outletting into the Lyons Creek. The final report was
not proceeded with at that time.
EXISTING DRAINAGE CONDITIONS AND DESIGN CONSIDERATIONS
A site meeting with respect to the project was held on January 20, 2000 and the owners of
lands within the drainage areawere invited to attend. Approximately a dozen ratepayers attended
to discuss the petition and need for drainage because of the flooding at Young Road and in the
waterway downstream. It appeared that the landowners understood that a drainage problem was
evident and that improvement works were necessary. It was explained that, because of flooding
along the road allowance, the City Road Authority had signed a petition for drainage under the
Drainage Act.
2
EXISTING DRAINAGE CONDITIONS AND DESIGN CONSIDERATIONS (cont'd)
A field investigation and survey was made starting near the Lyons Creek in Lot 13, Concession
7 N.R. A profile was surveyed across Carl Road, south through Lots 11 and 12 to Montrose Road,
at a point where a surface culvert crosses the roadway. From this point the survey was made
along both sides of Montrose Road and Young Road to the surface crossing under Young Road.
The total distance from the outlet to the south side of Young Road is 1673 meters. The watershed
area upstream of Young Road consists of approximately 30 hectares of farmland.
The existing water' run is shallow but defined in Lots 12 and 13. It is adjacent to a man made
pond for a short distance on property Roll No. 13-4-190-16. In Lot 11 it passes through several
lots before it reaches the culvert under Montrose Road. From the west side of Montrose Road
to the south side of Young Road the road ditches serve as the flow route for runoff waters.
Two informal public meetings were held to review the findings and preliminary proposals.
Further input and requests were provided by those owners who attended these meetings. Some
owners along the course of the drain, who could not attend the Public Meetings, were contacted
for input and comment. Further on-site inspections were made as requested.
RECOMMENDATIONS
We have the following recommendations with respect to the Road Authority petition for
drainage of Young Road.
· that a municipal drain consisting of an open drain and closed drain portion be constructed
outletting near Lyons Creek and ending on the south side of Young Road
that a new municipal open drain be constructed as an improvement to the existing
waterway in Lots 11,12 and 12, Concession 7 N.R. for a distance of 855 meters, ending at
Sta. 1 +000, including a culvert crossing in property Roll No. 13-4-190-6
that a new municipal tile main drain be installed in the private lots on the east side of
Montrose Road in Lots 19 and 11, to the Montrose Road culvert crossing at Sta. 1 +393
for a distance of 393 meters
· that a branch tile drain be installed starting at Sta. 1 +373 on the Main Drain and ending
at Young Road Sta.0+294 for a distance of 294 meters
· that catchbasins be installed on the tile drain portions to provide an outlet for surface flows
and sub-surface drainage connection
The capacity of the proposed tile drain was designed using the Drainage Coefficient method
contained in the "DRAINAGE GUIDE FOR ONTARIO", Publication 29 by the Ontario Ministry of
Agriculture, Food and Rural Affairs. The Drainage Coefficient defines a depth of water that can be
removed in a 24 hour period and is expressed in millimetres per 24 hours. The coefficient used
is 19mm.
RECOMMENDATIONS (cont'd)
The proposed work consists of approximately 855 lineal meters of open ditch construction
including a culvert crossing, bank seeding and sediment basins and approximately 687 lineal
meters of 375mm (15") to 525mm (21") concrete field tile and pipe including related
appurtenances.
All of the proposed work has been generally designed and shall be constructed in accordance
with the DESIGN AND CONSTRUCTION GUIDELINES FOR WORK UNDER THE DRAINAGE ACT.
ENVIRONMENTAL DESIGN CONSIDERATIONS
There are no significant wetland or sensitive areas within the affected watershed area or along
the route of the drains. The proposed construction of this drain includes quarry stone outlet
protection and surface inlets and will greatly help reduce the overland surface flows and any
subsequent erosion. A temporary flow check of silt fencing is to be installed in the ditch
downstream of the tile outlet for the duration of the constru~:tion.
We are also recommending that the following erosion and sediment control measures be
included as part of our construction proposal to help mitigate any potential adverse impacts of the
proposed drainage works on water quality and fishery habitat:
· timing of construction is to be only at times of Iow or no flow
· sediment basins are to be constructed along the course of the drain at the locations
specified on the plan and these basins are to be maintained during construction
· two meter wide buffer strips of existing vegetation between the top of the bank and any
cultivated lands on both sides are to be incorporated as part of the drain
SCHEDULES
Four schedules are attached hereto and form part of this report, being Schedule 'A' -
Allowances, Schedule 'B' - Cost Estimate, Schedule 'C' - Assessment for Construction and
Schedule 'D' - Assessment for Maintenance.
Schedule 'A' - Allowances. In accordance with Sections 29, 30, 31 and 33 of the Drainage Act,
allowances are provided for right-of-way, damages to lands and crops, allowance for existing
drain and severance allowance along the route of the drain as defined below.
Schedule 'B' - Cost Estimate. This schedule provides for a detailed cost estimate of the
proposed work which is in the amount of $ 97,100.00. This estimate includes engineering and
administrative costs associated with this project, including the net Goods and Services Tax.
SCHEDULES (cont'd)
Schedule 'C' - Assessment for Construction. This schedule outlines the distribution of the total
estimated cost of construction over the roads and lands which are involved.
Schedule 'D' - Assessment for Maintenance. This schedule outlines the distribution of future
repair and/or maintenance costs for portions of, or the entire drainage works.
Drawing No.'s 1 and 2, Job No. 99139 and specifications form part of this report. They show
and describe in detail the location and extent of the work to be done and the lands which are
affected.
ALLOWANCES
RIGHT-OF-WAY: Section 29 of the Drainage Act provides for an allowance to the owners
whose land must be used for the construction, repair, or future maintenance of a drainage
works.
For tile drains where the owners will be able to continue to use the land, the allowance
provides for the right to enter upon such lands, and at various times for the purpose of
inspecting such drain, removing obstructions, and making repairs. Also, the allowance
provides for the restrictions imposed on those lands to protect the right-of-way from
obstruction or derogation. The amounts granted for right-of-way on tile drains is based on
20% of value of the land designated for future maintenance. Therefore, the amounts granted
are based on $2,000.00/ha. and are multiplied by the hectares derived from the width granted
for future maintenance and the applicable lengths.
For open ditches, the allowance provides for the loss of land due to the construction provided
for in the report. The amounts granted are based on the value of the land, and the rate used
was $5,000.O0/ha.
DAMAGES: Section 30 of the Drainage Act provides for the compensation to landowners
along the drain for damages to lands and crops caused by the construction of the drain.
The amounts granted are based on the following:
a} for closed drain installed with wheel machine - $1,250.00/ha.
b) for open ditch work with excavated material levelled adjacent to drain - $1,125.00/ha.
These base rates are multiplied by the hectares derived from the working widths shown on the
plans and the applicable lengths.
EXISTING DRAIN: Section 31 of the Drainage Act provides for compensation to landowners
along the drain for work done for construction. An allowance under this Section has been
made to property Roll No. 13-4-190-16 for clearing of trees beside the proposed ditch.
SEVERANCE: Section 33 of the Drainage Act provides for compensation to landowners along
the drain for an allowance for loss of access. Property Roll No. 13-4-190-16 has been allowed
a sum of money for use in the construction of a future structure over the proposed ditch.
ASSESSMENT DEFINITIONS
In accordance with the Drainage Act, lands that make use of a drainage works are liable for
assessment for part ofthe cost of constructing and maintaining the system. These liabilities are
known as benefit liability, outlet liability and special benefit liability as set out under Sections
22,23,24 and 26 of the Act.
BENEFIT as defined in the Drainage Act means the advantages to any lands, roads, buildings
or other structures from the construction, improvement, repair or maintenance of a drainage
works such as will result in a higher market value or increased crop production or improved
appearance or better control of surface water, or any other advantages relating to the
betterment of lands, roads, buildings or other structures.
OUTLET liability is assessed to lands or roads that may make use of a drainage works as an
outlet either directly or indirectly through the medium of any other drainage works or of a
swale, ravine, creek or watercourse.
In addition, a Pubtic Utility or Road Authority shall be assessed for and pay all the increased
cost to a drainage works due to the construction and operation of the Public Utility or Road
Authority. This may be shown as either benefit or special assessment.
ASSESSMENT
The actual cost of the work involving this report is to be assessed on a pro-rata basis against
the lands and roads liable for assessment for benefit, outlet and for special assessments as
shown in detail below and on Schedule 'C' - Assessment for Construction.
Due to the different relative runoff rates and anticipated use of the proposed drain, roads,
residential and commercial properties, have been assessed for outlet at higher rates than cleared
farm lands.
SPECIAL ASSESSMENT
In accordance with Section 26 of the Drainage Act, Special Assessments have been made
against the Region of: Niagara Roads and the City of Niagara Roads, being the increased cost to
the drainage works for installing or boring new sub-drain pipes across their road allowance on the
Main Drain and Branch 'A', due to the construction and operation of the roadway. The Special
Assessments shall be made up of the actual cost of this work and both the final and estimated
values of the Special Assessment are to be calculated as follows:
&ess Equivalent P/us
Location of Cost of Work Drain Cost
Crossing/ (Estirnate~ (Rxed}
Main Drain
Montrose Road $,8000 $700
Branch 'A'
Montrose Road $8,000 $700
Adrninis~afion
Cost(Fixed}
$1,400
$1,400
Plus Net GST Speda/
and Interest Assessment
(Estimate~ (Estirnate~
$500 $9,200
$5OO $9,200
Branch,'
Young Road $2.300 $300 $700 $150 $2,850
SPECIAL ASSESSMENT (cont'd)
In accordance with Section 26 of the Drainage Act, a Special Assessment has been made
against the City of Niagara Falls and the Region of Niagara for their portion of constructing a new
tile drain on the Main, Drain - Closed Portion downstream of Young and Montrose Roads. The
Special Assessments shall be $ 5,100.00 and $ 6,000.00, respectively and shall be pro-rated based
on the final project costs.
If any additional work is required to the drainage works due to the existence of buried utilities
such as gas pipe lines, communications cables, etc. or if any of the utilities require relocation or
repair, then, the extra costs incurred shall be borne by the utility involved in accordance with the
provisions of Section 26 of the Drainage Act.
GRANTS
In accordance with the provisions of Section 85 of the Drainage Act, a grant may be available
for assessments against privately owned parcels of land which are used for agricultural purposes.
Section 88 of the Drainage Act directs the Municipality to make application for this grant upon
certification of completion of this drain, The Municipality will then deduct the grant from the
assessments prior tc collecting the final assessments.
MAINTENANCE
Upon completion of construction, all owners are hereby made aware of Sections 80, 82 and
83 of the Drainage Act which forbid the obstruction of, damage or injury to, and pollution of a
municipal drain.
After completion, the entire Drainage Course No. 6 shall be maintained by the City of Niagara
Falls at the expense of all upstream lands and roads assessed in Schedule 'D' - Assessment for
Maintenance and in the same relative proportions until such time as the assessment is changed
under the Drainage Act.
Repairs or improvements to any road culvert or sub-surface road crossing required by the
performance of this work and for future repair and/or replacement, shall be the responsibility of the
applicable Road Authority, entirely et their cost.
sjs
Respectfully submitted,
SPRIET ASSOCIATES LONDON LIMITED
J. R. Spriet, P. Eng.
$CHEDULEW-ALLOWANCES 7
Drainage Course No. 6
City of Niagara Falls
In accordance v. ith Sections 29, 30,31, & 33 of the Drainage Act, we determine the allowances payable
to owners entitled thereto as follows:
Section 29 Section 30 Section 31
CONCESSION LOT ROLL NUMBER {OwnerI Ripht-of-Way Dama,qes Ex. Drain
Section 33
Severance TOTALS
MAIN DRAIN OPEN PORTION
7N.R 10-11
7N.R 11
7N, R 12
7N.R 12
7N.R 13
13.-4-192-18(Greenworld Enteq3rises)
13-4-190-6{H, Preston Est.)
13-4-190-16(R. & S. Hipwell)
13-4-190-14(H. Preston Estate)
13-4-189(F. & L Voelkl)
Total Allowances
$ 300.00 $ 130.00 $ $ $ 430.00
1,400.00 590,00 1,990.00
400.00 170.00 600 250 1,420.00
290.00 120,00 410.00
1,000.00 420.00 1.420,00
$ 3,390.00 $ 1,430,00 $ 600.00 $ 250.00 $ 5,670.00
Total Allowances under Sections 29, 30,31 & 33 of the Drainage Act on
MAiN DRAIN OPEN PORTION
$ 5~670.00
MAIN DRAIN CLOSED PORTION
13-4-192-18(Gmenwortd Enterprises) S
13-4-192-32(M. Rossi)
13-4-192-30(N. Nagy)
13-4-192~28(B. Glassman)
13-4-192-26(A. Dicienzo)
13-4-192-24(A. Nagy)
Total/Ulowances
100.00 $ 50.00 $ 150.00
100.00 50.00 150.00
100.00 . 50,00 150.00
100.00 50.00 150.00
IO0,00 50.00 150.00
100.00 50.00 150.00
$ 600~00 $ 300.00 $ 900.00
Total Allowances under Sections 29 and 30 of the Drainage Act on
MAIN DRAIN CLOSED PORTION
$ 900.00
BRANCH ' A"
1 7 N.R. 10 13-4-192-38(B. Glassman)
1 7 N.R. 10 13-4-192-36(R, Maria)
I 7 N.R. 10 13-4.192-34(A. Dicienzo)
1 7 N.R. 10 13-4-192-32(M. Rossi)
Total Allowances
$ 100.00 $ 50.00 $ 150.00
100.00 50.00 150.00
100.00 50.00 150.00
100.00 50.00 150.00
S 400,00 S 200.00 S 600.00
==============================================================
Total Allowances under Sections 29 and 30 of the Drainage Act on
BRANCH ' A'
$ 600.00
Total Allowances under Sections 29 and 30 of the Drainage Act
Drainage Course No. 6 $ 71170'00
SCHEDULE 'B' - COST ESTIMATE
DRAINAGE COURSE NO. 6
City of Niagara Falls
We have made an estimate of the cost of the proposed work which is outlined in detail as
follows:
MAIN DRAIN - Open Portion
855 meters of open ditch excavation $ 4,100.00
Levelling of excavated material $ 1,500.00
One 8 meter length of 900mm dia,, 2,0mm thickness helical corrugated
metal pipe
Supply $ 800.00
Installation as new farm culvert including supply and installation of
quarry stone rip-rap protection at each end of pipe
(Approx. 4m3 quarry stone required) $ 1,000.00
Seeding of ditch banks $ 400.00
Clearing and grubbing $ 330.00
Clean through existing road culvert $ 300.00
Allowances under Sections 29, 30, 31 and 33 of the Drainage Act $ 5,670.00
MAIN DRAIN - Closed Portion
One 6 meter length of 700mm dia., 1.6mm thickness outlet pipe (with
rodent gate)
Supply $ 400.00
Installation at tile outlet with quarry stone rip-rap protection around pipe
and across end of open ditch (Approx. 6m3 quarry stone required) $ 600.00
Installation of the following concrete field tile (including wrapping of tile
joints with geotextile):
367 meters of 525mm (21") tile $ 6,200.00
Supply of the above listed tile $ 9,500.00
Supply of 400mm wide geotextile for wrapping of tile joints $ 400.00
One 20 meter length of 500mm (20") dia., 6.35mm thickness smooth wall
steel pipe
Supply $ 1,700.00
Installation under Montrose Road by boring $ 6,300.00
Supply and install one 600mm x 600mm and one 900mm x 1200mm ditch
inlet catchbasin and one 900mm x 1200mm junction box including grates,
berms and ditching $ 3,300.00
Clearing and grubbing $ 800.00
Allowances under Sections 29 and 30 of the Drainage Act $ 900.00
BRANCH'~
Installation of the following concrete field tile (including wrapping of tile
joints with geotextile):
210 meters of 450mm (18") tile
Supply of the above listed tile
Supply of 300mm wide geotextile for wrapping of tile joints
One 14 meter length of 375mm dia. H.D.P.E. pipe
Supply $
Installation under Young Road by open cut $
One 53 meter length of 450mm (18") dia. H.D.P.E. pipe
Supply $
Installation along south side of Young Road by open cut $
One 20 meter length of 500mm (20") dia., 6.35mm thickness smooth wall
steel pipe:
Supply $
Installation under Montrose Road by boring $
Supply and install one 600mm x 600mm and two 900mm x 1200mm ditch
inlet catchbasins including grates, berms and ditching $
Allowances under Sections 29 and 30 of the Drainage Act $
$ 3,200.00
$ 4,200.00
$ 200.00
500.00
1,800.00
2,650.00
2,150.00
1,700.00
6,300.00
3,500.00
600.00
ADMINISTRATION
Interest and net Goods and Services Tax
Survey, Plan and Report
Assistance and Expenses
Supervision and Final Inspection
TOTAL ESTIMATED COST
$ 4,800.00
$ 15,810.00
$ 2,690.00
$ 2,800.00
$ 97,100.00
SCHEDULE ' C ' - ASSESSMENT FOR CONSTRUCTION
Drainage Course No. 6
City of Niagara Falls
10
Job No. 99139
June 29, 2001
HECTARES
CON. LOT AFFECTED
ROLL No. (OWNER)
BENEFIT OUTLET TOTAL
MAIN DRAIN OPEN PORTION
2 1
2 1
2 1
2 1
2 1
2 2
3 1,2
* 7N.R. 10-11
7N.R. 10
7N.R. 10
7N.R. 10
7N.R. 10
7N.R. 10
7N.R. 11
7N.R. 11
7N.R. 11
7N.R. 11
7N.R. 11
7N.R. 11
* 7N.R. 11,12
7N.R. 11,12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
7N.R. 12
* 7N.R. 13
7~8 14-2-40(G. & G. Oesterheld)
2,3 14-2-39(F. & I. Bodorkos)
4.0 14-2-38(G. Gasiorek)
10~6 14-2-36(D. Demizio, J. Kinsella)
1.2 14-2-37(R. & J. Hingston)
4.5 14-2-46(P. & S. St John)
30.0 14-2-1(Marsadi Layne Prop. Inc.)
11.6 13-4-192-18(Greenwodd Enterprises)
0.7 13-4-192-40(A. Gilleta)
0.8 13-4-192-38(B. Glassman)
0.8 13-4-192-36(R. Mada)
0.8 13-4-192-34(A. Dicienzo)
0.8 13-4-192-32(M. Rossi)
0.8 13-4-192-30(N. Nagy)
0.8 13-4-192-28(B. Glassman)
0.8 13-4-192-26(A. Dicienzo)
0.8 13-4-192-20(T. Nagy)
0.8 13-4-192-24(A. Nagy)
0.8 13-4-192-16(A. Shavalier)
10.8 13-4-190-6(H. Preston Est.)
0.8 13-.4-192-14(D. Dicienzo)
0.8 13-4-192-12(H. Preston Estate)
0.8 13-4-192-10(M. Dicienzo)
0.8 13-4-192-08(H. Preston Estate)
0.9 13-4-192-06(J. D'Amelio )
0.7 13-.4-192-04(B. Giassman)
0.8 13-4-192-02(A. Dicienzo)
0.8 13-4-192(S. & S. Burgio)
0.8 13-4-190-18(C. & G. Plouffe)
0.9 13-4-190-16(R. & S. Hipwell)
0.6 13-4-190-14(H. Preston Estate)
0.9 13-4-190-12(D. & M. Kane)
0.8 13-4-190-10(A, Didienzo)
0.8 13-4-190-08(E. Baxter)
0,2 13-4-190-04(D. Dicienzo)
9,9 13-4-189(F, & I. Voelkl)
TOTAL ASSESSMENT ON LANDS
$ 506.00$ 506.00
119.00 119,00
324.00 324.00
688.00 688.00
146.00 146.00
292.00 292.00
2,434.00 2,434,00
860.00 941.00 1,801.00
57.00 57.00
65.00 65.00
65.00 65.00
65.00 65.00
65,00 65,00
65,00 65.00
65.00 65.00
65.00 65.00
150.00 65.00 215.00
65.00 65.00
150.00 52.00 202.00
4,800.00 526.00 5,326.00
52.00 52.00
52.00 52.00
45.00 45.00
45.00 45.00
44,00 44.00
51.00 51.00
32.00 32.00
39.00 39.00
26.00 26.00
900.00 44.00 944.00
600.00 19.00 619.00
44.O0 44.00
26.00 26.00
26.00 26.00
6.00 6.00
2,950.00 241.00 3,191.00
$ 10,410.00 $ 7,462.00 $ 17,872.00
Cad Road
Montrose Road
Young Road
1.0 City of Niagara Fails
2.9 Region of Niagara
· 1.2 City of Niagara Fal~s
TOTAL ASSESSMENT ON ROADS
$ 450,00 $ 130.00 $ 580.00
1,066.00 1,066.00
382.00 382.00
$ 450.00 $ 1,578.00 $ 2,028.00
TOTAL ASSESSMENT ON THE MAiN DRAIN OPEN PORTION $ 19,900.00
SCHEDULE 'C'- ASSESSMENT FOR CONSTRUCTION (Cont'd)
Drainage Course No. 8
City of Niagara Falls
HECTARES
CON, LOT AFFECTED ROLL No. {OWNER)
BENEFIT OUTLET TOTAL
11
MAIN DRAIN CLOSED PORTION
2 1
2 1
2 1
2 2
3 1,2
7N.R. 10-11
7N.R. 10
7N.R. 10
7N, R, 10
7N.R. 10
7N.R. 10
7N.R, 11
7N.R. 11
7N, R. 11
7N.R, 11
3.0 14-2-38(G. Gasiorek)
10,0 14-2-36(D, Demizio, J. Kinsella)
1.2 14-2-37(R. & J. Hingston)
4.5 14-2-46(P. & S. St John)
30,0 14-2-1(Marsadi Layne Prop. Inc.)
8.6 13.4-192-18(Greenworld Enterprises)
0.7 13-4-192-40(A, Gilleta)
0.8 13-4-192-38(B. Glassman)
0.8 13-4-192-36(R. Mafia)
0.8 13-4-192-34(A. Dicienzo)
0.8 13-4-192-32(M. Rossi)
0.8 13-4-192-30(N. Nagy)
0.8 13-4-192-28(B. Glassman)
0.8 13-4-192-26(A. Dicienzo)
0.8 13-4-192-24(A. Nagy)
TOTAL ASSESSMENT ON LANDS
1,000.00
750.00
1,000.00
1,000.00
1,000o00
1,000.00
595.00 595.00
1,586.00 1,586.00
357.00 357.00
714.00 714.00
5,947.00 5,947,00
1,705.00 2,705.00
139.00 139.00
159,00 159.00
159.00 159,00
159.00 159.00
159.00 909.00
159.00 1,159.00
159.00 1,159,00
159.00 1,159.00
159.00 1,159,00
$ 5,750.00 $ 12,315.00 $ 18,065.00
Montrose Road 1.4 Region of Niagara
Young Road 1.2 City of Niagara Falls
TOTAL ASSESSMENT ON ROADS
SPECIAL ASSESSMENT against the Region of Niagara
for the increased cost of boring a 500mm (20") smooth wall steel pipe
under Montrose Road on the Main Drain
2,500.00 1,382.00 3,882.00
953.00 953.00
$ 2,500.00 $ 2,335.00 $ 4,835.00
$ 9.200.00
SPECIAL ASSESSMENT against the Region of Niagara for their share of the cost
of constructing a tile drain downstream of Montrose road.
$ 6,000.00
SPECIAL ASSESSMENT against the City of Niagara Falls for their share of the cost
of construcUng a file drain, downstream of Montrose mad,
5,100.00
TOTAL ASSESSMENT ON MAIN DRAIN CLOSED PORTION $ 43,200.00
SCHEDULE 'C'- ASSESSMENT FOR CONSTRUCTION (Cont'd) 12
Drainage Course No. 6
City of Niagara Falls
HFCTARES
CON. LOT AFFEOTED ROLL No. (OWNER)
BENEFIT OUTLET TOTAL
BRANCH "A"
2 1 3.3 14-2-36(D. Demizio, J. Kinsella)
2 1 0.6 14-2-37(R. & J. Hingston)
2 2 3.9 14-2-46(P. & S, St John)
3 1,2 30.0 14-2-1(Marsadi Layne Prop, Inc,)
7 N,R. 10-11 3,6 13-4-192-18(Greenworld Enterprises)
7 N.R. 10 0.7 13-4-192-40(A. Gilleta)
7 N.R. 10 0.8 13-4-192-38(B. Glassman)
7 N.R. 10 0.8 13-4-192-36(R. Mada)
7 N.R. 10 0.8 13-4-192-34(A. Dicienzo)
7 N.R. 10 0.8 13-4-192-32(M. Rossi)
TOTAL ASSESSMENT ON LANDS
Montrose Road 0.3 Region of Niagara
Young Road 1.2 City of Niagara Falls
TOTAL ASSESSMENT ON ROADS
SPECIAL ASSESSMENT against the City of Niagara Falls
for the increased cost of installing sewer pipe
pipe underYoung Road on Branch"A'
395.00 395.00
400.00 135.00 535.00
466.00 466.00
1,000.00 4,483.00 5,483.00
269.00 269.00
300.00 94.00 394.00
550.00 96.00 646.00
550.00 72.00 622.00
550.00 48.00 598.00
550.00 24.00 574.00
$ 3,900.00 $ 6,082.00 $ 9,982.00
======================================
7,050.00 202.00 7,252.00
4,000.00 716.00 4,716.00
$ 11,050.00 $ 918.00 $ 11,968.00
$ 2,850.00
SPECIAL ASSESSMENT against the Region of Niagara
for part of the increased cost of bodng a 500mm (20") smooth wall steel
pipe under Montrose Road on Branch
SPECIAL ASSESSMENT against the City of Niagara Falls
for part of the increased cost of bodng a 500mm (20") smooth wall steel
pipe under Montrose Road on Branch 'A'
$ 4,600.00
$ 4,600.00
NOTE:
TOTAL ASSESSMENT ON BRANCH "A"
TOTALASSESSMENTON DRAINAGECOURSE No. 6
Alltheabovelandsnoted withanasterikareclassifiedasagdcultural.
$ 34,000.00
$__97~100.00
SCHEDULE 'D' - ASSESSMENT FOR MAINTENANCE
Drainage Course No. 6
City of Niagara Falls
13
Job No. 99139
HECTARES
CON. LOT AFFECTED
MAiN DRAIN OPEN PORTION
2 7,8
2 2.3
2 4,0
2 10.6
2 1,2
2 4.5
3 30.0
° 7N, R. 11.6
7N.R. 0.7
7 N.R. 0.8
7N.R. 0.8
7N.R, 0.8
7N.R. 0.8
7N.R. 0,8
7N.R. 0.8
7N.R. 0.8
7N.R, 0.8
7N.R, 0.8
7N.R. 0.8
* 7N.R. 10.8
7N.R. 0.8
7N. R. 0.8
7N.R. 0.8
7N.R. 0.8
7N.R. 0.9
7N.R. 0.7
7N.R. 0.8
7N.R. 0.8
7N.R. 0.8
7N.R. 0.9
7N.R. 0.6
7N, R. 0.9
7N.R. 0.8
7N.R. 0.8
7N.R. 0.2
ROLL No. (OWNER)
14-2-40(G. & G. Oesterheld)
14-2-39(F. & I. Bodorkos)
4-2-38(G. Gasiorek)
14-2-36(D. Demizio, J. Kinsel[a)
14-2-37(R. & J. H[ngston)
14-2-46(P. & S. St John)
14-2-1(Marsadi Layne Prop. Inc.)
3-4-192-18(Greenwodd Enterprises)
3-4-192-40(A, Gilleta)
3-4-192-38(B. Glassman)
13-4-192-36(R. Maria)
13-4-192-34(A. Dicienzo)
13-4-192-32(M. Rossi)
13-4-192-30(N. Nagy)
13-4-192-28(B. Glassman)
13-4-192-26(A. Dicienzo)
13`4-192-20(T. Nagy)
13`4-192-24(A. Nagy)
13-4-192-16(A, Shavalier)
13-4-190-6(H. Preston Est.)
13-4-192-14(D. Dicienzo)
13-4-192-12(H. Preston Estate)
13-4-192-10(M Dicienzo)
13-4-192-08(H, Preston Estate)
13-4-192-06(J. D'Amelio )
13-4-192-04(B. Glassman)
13-4-192-02(A. Dicienzo)
13-4-192(S. & S. Burgio)
13-4-190-18(C. & G. Plouffe)
13-4-190-16(R. & S. Hipwell)
13-4-190-14(H, Preston Estate)
13-4-190-12(D. & M. Kane)
13-4-190-10(A. Didienzo)
13-4-190-08(E. Baxter)
13-4-190-04(D. Dicienzo)
TOTAL ASSESSMENT ON LANDS
Cad Road
Montmse Road
Young Road
1.0 City of Niagara Fails
2.9 Region of Niagara
1.2 City of Niagara Falls
TOTAL ASSESSMENT ON ROADS
TOTAL ASSESSMENT FOR MAINTENANCE OF
MAIN DRAIN OPEN PORTION
June 29, 2001
PERCENTAGE OF
MAINTENANCE COST
4.00 %
0,90
2.50
5.40
1.10
2.30
19.15
10.70
0.40
0.50
0.50
0.50
0.50
0.50
0.50
0.50
1.10
0.50
1.00
23.00
0.40
0.40
0.40
0.40
0.30
0.40
0.30
0.30
0.20
3.90
2.50
0.30
0.20
0.20
0.05
85.80 %
2.80
8.40
3.00
14.20 %
100.0 %
SCHEDULE 'C'- ASSESSMENT FOR MAINTENANCE (Cont'd)
Drainage Course No. 6
City of Niagara Fails
HECTARES
CON. LOT AFFECTED ROLL No. (OWNER)
MAIN DRAIN CLOSED PORTION
2 1 3.0
2 1 10.0
2 1 1.2
2 2 4.5
3 1,2 30.0
* 7N.R. 10,-11 8.6
7N.R. 10 0.7
7 N.R. 10 0.8
7 N.R. 10 0.8
7N.R. 10 0.8
7N.R. 10 0.8
7N.R. 11 0.8
7N. R. 11 0.8
TN. R. 11 0.8
7N.R. 11 0.8
14-2-38(G, Gasiorek)
14-2-36(D. Demizio, J. Kinsella)
14-2-37(R. & J. Hingston)
14-2-46(P. & S. St John)
14-2-1(Marsadi Layne Prop. Inc.)
13-4-192-18(Greenworld Enterprises)
13-4-192-40(A. Gitleta )
13-4-192-38(B. Glassman
13-4-192-36(R. Mada)
13-4-192-34(A. Dicienzo)
13-4-192-32(M. Rossi)
13-4-192-30(N. Nagy)
13-4-192-28(B. Glassman)
13-4,192-26(A. Dicienzo)
13-4-192-24(A. Nagy)
TOTAL ASSESSMENT ON LANDS
Monb'ose Road
Young Road
1.4 Region of Niagara
1.2 City of Niagara Falls
TOTAL ASSESSMENT ON ROADS
TOTAL ASSESSMENT FOR MAINTENANCE OF
MAIN DRAIN CLOSED PORTION
14
PERCENTAGE OF
MAINTENANCE COST
2.60
6.90
1,60
3.10
25.90
11.70
0.60
0.70
0.70
0.70
4.00
5.10
5,10
5.10
5.10
78.90 %
16.90
4.20
21.10 %
100.0 %
BRANCH "A"
2 1 3.3
2 I 0.6
2 2 3.9
3 1,2 30.0
* 7N.R. 10-11 3.6
7 N.R. 10 0.7
7 N.R. 10 0.8
7 N.R. 10 0.8
7 N.R. 10 0.8
7 N.R. 10 0.8
14-2-36(D, Demizio, J. Kinsella)
14-2-37(R. & J. Hingston)
14-2-46(P. & S. St John)
14-2-1(Marsadi Layne Prop, Inc.)
13-4-192-18(Greenworld Enterprises)
13-4-192-40(A. Gilleta)
13-4-192-38(B. Glassman)
13-4-192-36(R, Ma~ia)
13-4-192-34(A, Dicienzo)
13-4-192-32(M. Rossi)
TOTAL ASSESSMENT ON LANDS
Montmse Road 0.3 Region of Niagara
Young Road 1.2 City of Niagara Falls
TOTAL ASSESSMENT ON ROADS
TOTAL ASSESSMENT FOR MAINTENANCE OF
BRANCH "A"
NOTE: All the, above lands noted with an sstedk are classified as agricultural.
1.80
2.40
2.10
25.00
1.20
1.80
2.90
2.80
2.70
2.60
45.30 %
33.10
21.60
54.70 %
100.0 %
Job No, 99139
CODE
ROLL NUMBER
(OWNER)
SCHEDULE OF NET ASSESSMENT
Drainage Course No, 6
City of Niagara Falls
(FOR iNFORMATION PURPOSES ONLY)
TOTAL
ASSESSMENT GRANT
June 29, 2001
APPROX.
ALLOWANCES NET
14-2-40(G. & G, Oesterheld)
14-2-39(F. & I. Bodorkos)
14-2-38(G. Gasiorek)
14-2-36(D. Demizio, J, Kinsella)
14-2-37(R. & J. Hi~gston)
14-2-46(P, & S, St John)
14-2-1(Marsadi Layne Prop. Inc.)
13-4-192-18(Greenworld Enterprises)
13-4-192-40(A, Gilleta)
13-4-192-38(B, Glassman)
13-4-192-36(R. Maria)
13-4-192-34(A, Dicienzo)
13-4-192-32(M. Rossi)
13-4-192-30(N. Nagy)
13-4-192-28(B. Glassman)
13-4-192-26(A. Dicienzo)
13-4-192-20(T. Nagy)
13-4-192-24(A. Nagy)
13-4-192-16(A. Shavalier)
13-4-190-6(H. Preston Est.)
13-4-192-14(D. Dicienzo)
13-4-192-12(H. Preston Estate)
13-4-192-10(M. Dicienzo)
13-4-192-08(H. Preston Estate)
13-4-192-06(J. D'Amelio)
13-4-192-04(B. Glassman)
13-4-192-02(A. Dicienzo)
13-4-192(S. & S. 9urgio)
13-4-190-18(C. & G. PIouffe)
13-4-190-16(R. & S. Hipwell)
13-4-190-14(H. Preston Estate)
13-4-190-12(D. & M. Kane)
13-4-190-10(A. Didienzo)
13-4-190-08(E. Baxter)
13-4-190-04(D. Dicienzo)
13-4-189(F. & I. Voelkl)
Cad Road
Montmse Road
Young Road
TOTALS
506.00 $ 169.00$
119,00
919,00 306.00
2,669.00 890.00
1,038.00
1,472,00 491.00
13,864.00 4.621.00
4,775.00 1,592.00
590.00
870.OO
846.00
822.00
1,548.00
1,224.00
1,224.00
1,224.00
215.00
1,224.00
202.00
5,326.00 1,775.00
52.00
52.00
45.00
45,00
44.00
51.00
32.00
39.00
26.00
944,00
619,00
44.00
26.00
26.00
6.00
3,191.00 1,064.00
580,00
32,000,00
18,601.00
$ 97,100.00 $ 10,908.00 $
580,00
150.00
150.00
150.00
300.00
150.00
150.00
150.00
150.00
1,990.00
1,420,00
410,00
1,420.00
7,170.00 $
$ 337.00
119,00
613.00
1,779.00
1,038.00
981.00
9,243.00
2,603.00
590,00
720.00
696.00
672,00
1,248.00
1,074.00
1,074.00
1,074.00
215.00
1,074.00
202.00
1,561.00
52.00
52.00
45.00
45.00
44.00
51.00
32.00
39.00
26.00
(476.00)
209.00
44.00
26.00
26.00
6.00
707.00
580.00
32,000.00
18,601.00
79,022.00
· = Agricultural
SPECIFICATIONS FOR CONSTRUCTION
OF
MUNICIPAL DRAINAGE WORKS
GENERAL INDEX
SECTION A
General Conditions
Pages 1 to 8
SECTION B
Open Drain
Pages 9 to 11
SECTION C
Tile Drain
Pages 12 to 17
SECTION D
Municipal Drains Crossing
County Roads
STANDARD DETAILED DRAWINGS
Pages 18 to 19
SDD-01 to SDD-05
SECTION A - GENERAL CONDITIONS
INDEX
SECTION NUMBER
A.1
a.2
A.3
A.4
A.5
a.6
a.7
A.8
a.9
A. 10
A.11
A. 12
A.13
A.14
A.15
A. 16
A.17
A.18
A. 19
A.20
A.21
A.22
A.23
A.24
A.25
A.26
A.27
A.28
A.29
A.30
A.31
A.32
SCOPE ...................................................................................................................................
TENDERS ............................................................................................................................
DRAWINGS AND SPECIFICATIONS ................................................................................
PAYMENT ............................................................................................................................
SUPERINTENDENT ...............................................................................................................
COMMENCEMENT AND COMPLETION OF WORK ......................................................
WORKING AREA AND ACCESS ............................................................................................
SUPERVISION ......................................................................................................................
INSPECTION ......................................................................................................................
ALTERATIONS AND ADDITIONS ............................................................................................
MAINTENANCE ......................................................................................................................
INSURANCE ......................................................................................................................
LIMITATIONS OF OPERATIONS ............................................................................................
LOSSES ............................................................................................................................
SUB-CONTRACTORS .........................................................................................................
PERMITS, NOTICES, LAWS AND RULES ...................................................................
ROAD CROSSINGS ...............................................................................................................
JACKING AND BORING .........................................................................................................
FENCES ............................................................................................................................
lIVESTOCK ............................................................................................................................
STANDING CROPS ...............................................................................................................
SURPLUS GRAVEL ...............................................................................................................
RAILWAYS, HIGHWAYS, UTILITIES ................................................................................
LOCATION OF UTIIJTIES ..................................................................................................
TERMINATION OF CONTRACT BY THE MUNICIPALITY ......................................................
ERRORS AND UNUSUAL CONDITIONS ................................................................................
IRON BARS ............................................................................................................................
STAKES ............................................................................................................................
RIP-RAP ............................................................................................................................
GABION BASKETS ...............................................................................................................
RESTORATION OF LAWNS ..................................................................................................
RESTORATION OF ROADS AND LANEWAYS ...................................................................
PAGE NO.
1
1
1
1
1
2
2
2
2
2
3
3
3
3
3
3
4
4
5
5
5
5
6
6
6
6
7
7
7
7
7
8
Page 1
Revised November, 2000
A,1
SCOPE
SECTION A
GENERAL CONDITIONS
The work to be done under this specification consists of supplying all labour, materials and equipment to
construct the work as outlined on the drawing(s). In some Municipalities, the Contractor shall supply all materials
while in other Municipalities, he shall supply only certain materials. The form of Tender and Agreement lists
which materials are to be supplied by the Contractor.
A.2 TENDERS
Tenders are to be submitted on a lump sum basis for the complete works or a portion thereof, as set out in
the Form of Tender and Agreement.
A.3 DRAWINGS AND SPECIFICATIONS
A.4
The tenderer must satisfy himself that he understands the meaning and intent of the drawings and
specifications before submission of his tender. The standard specifications have been separated into sections
for reference purpose only. They shall be considered complementary and, where a project is controlled under
one of the sections, the remaining sections will still apply for miscellaneous works. In case of any inconsistency
or conflict in the Tender Documents, the following order of precedence shall apply:
Contract Drawings
Form of Tender and Agreement
General Conditions
Standard Specifications (Open Drain, Tile Drain, Specifications for Municipal Drain Crossing County Roads)
Standard Drawings
PAYMENT
Progress payments equal to 87--+% of the value of the work done and materials incorporated in the work will
be made to the Contractor on the written request of the Contractor to the Engineer. An additional 10+% will be
paid 45 days after the final acceptance by the Engineer. Before this payment is released, the Contractor shall
provide the Municipal~ with a Statutory Declaration that all material and/or labour incorporated in the work has
been fully paid for, along with a Certificate of Clearance from the Workplace Safety and Insurance Board stating
that all compensation has been paid. The Municipality will reserve 3%+__ of the Contract Price for one year as
warranty. After the completion of the work, any part of this reserve may be used to correct defects which may
develop within that time from faulty workmanship or material or loose backfill, provided that notice shall first be
given to the Contractor and that he may promptly make good such defects, if he desires.
A.5 SUPERINTENDENT
The word "Superintendent', as used hereinafter in these specifications, shall refer to a Drainage
Superintendent, appointed by the Municipality. The Superintendent will act as the Engineer's representative. The
Superintendent shall have the power to direct the execution of the work and to make any necessary minor
adjustments. Adjustments in tile sizes or gradients shall not be made without the approval of the Engineer. Any
instructions given by the Superintendent, which changes considerably the proposed work or with which the
Contractor does not agree, shall be referred to the Engineer for his decision.
SPRI ET ASSOCIATES
Page 3
Revised November, 2000
A. 11 MAINTENANCE
The Contractor shall repair and make good any damages or faults in the drain that may appear within one year
after its completion (as dated on the final completion certificate) as the result of imperfect or defective work done
or materials furnished by the Contractor. Nothing herein contained shall be construed as in any way restricting
or limiting the liabilib/of the Contractor under the laws of the Country, Province or Locality in which the work is
being done.
A.12 INSURANCE
1 ) Bodily Injury Liability: The Contractor shall effect and maintain, a Comprehensive General Liability Policy or its
equivalent, covering claims for bodily injury, including death arising from and during operations under his
Contract whether performed by himself, by a sub-contractor or by anyone directly or indirectly employed by
either of them in the sum of $ 2,000,000.00.
2) Property Damage: The Contractor shall effect and maintain Property Damage Liability Insurance to cover his and
the sub-contractor's operations in the sum of $1,000,000.00.
3) Fire Insurance: The Contractor shall procure fire and extended coverage insurance on the work to 100% of the
Contract Amount.
4) The following are to be named as co-insured: Successful Contractor
Sub-Contractor
Municipal~
Sprier Associates London Limited
5) Within 7 days of award of Contract and prior to commencing work, the successful Contractor shall file with the
Municipality, a copy of each insurance policy and certificate required. All such insurance shall be maintained
until final completion of the work including the making good of faulty work or materials; except that coverage of
completed operations liability shall in any event be maintained for twelve (12) months from the date of final
completion as certified by the Engineer.
A. 13 LIMITATIONS OF OPERATIONS
Except for such work as may be required by the Engineer to maintain the works in a safe and satisfactory
condition, the Contracto~ shall not carry on his operations under the contract on Sundays without permission in
writing of the Municipality.
A.14 LOSSES
The Contractor shall take all risks from floods or casualties of any kind.
A.15 SUB.CONTRACTORS
The Contractor shall not sublet the whole or any part of the contract without the approval of the Engineer or
Superintendent.
A.16 PERMITS, NOTICES, LAWS AND RULES
The Contractor shall ensure that all necessary permits or licences required for the execution of the work have
been obtained (but this shall not include M,T.O. encroachment permits, permanent easements or rights of
servitude). The Contractor shall give all necessary notices and pay all fees required by law and comply with all
laws, ordinances, rules and regulations (including the Occupational Health and Safety Act) releting to the work
and to the preservation of the public's health and safety and if the specifications and drawings are at variance
therewith, any resulting additional expenses incurred by the Contractor shall constitute an addition to the contract
price.
SPRI ET ASSOCIATES
Page 5
Revised November, 2000
A.18 JACKING AND BORING (cont'd)
.7
Restoration: The entire affected area shall be shaped and graded to original lines and grades, the topsoil
replaced, and the area seeded down at the rate of 85 kg/per ha. unless otherwise specified or in aaccordance
with the M.T.O. Encroachment Permit. Fences shall be restored to their original condition in accordance with
the General Conditions.
.8 Acceptance: All work undertaken by the Contractor shall be to the satisfaction of the Engineer.
A.19 FENCES
No earth shall be placed against fences and all fences removed by the Contractor ara to be raplaced by him
in as good condition as found. In general, the Contractor will not be allowed to cut existing fences but shall
disconnect existing fences at the nearest anchor post or other such fixed joint and shall carefully roll it back out
of the way. Where the distance to the closest anchor post or fixed joint exceeds 50 meters, the Contractor will
be allowed to cut and splice in accordance with accepted methods and to the satisfaction of the owner and the
Engineer or Superintendent. Where existing fences are deteriorated to the extent that existing materials are not
salvageable for replacement, the Contractor shall notify the Engineer or the Superintendent prior to dismantling.
Fences damaged beyond salvaging by the Contractor's negligence shall be replaced with new materials, similar
to those existing, at the Contractor's expense. The replacement of the fences shall be done to the satisfaction
of the owner and the Engineer or Superintendent. The site examination should indicate to the Contractor such
work, if any, and an allowance should be made in the tendered price.
The Contractor shall not leave any fence open when he is not .at work in the immediate vicinity.
A.20 LIVESTOCK
The Contractor shall provide each property owner with 48 hours notice prior to removing any fences along
fields which could possibly contain livestock. Theraafter, the property owner shall be rasponsible to keep all
livestock clear of the construction areas until further notified. Where necessary, the Contractor will be directed
to erect temporary fences. The Contractor shall be held responsible for loss or injury to livestock or damage
caused by livestock, where the injury or damage is caused by his failura to notify the property owner or through
negligence or carelessness on the part of the Contractor.
The Contractor constructing a tile drain shall not be held responsible for damages or injury to livestock
occasioned by leaving trenches open for inspection by the Engineer if he notifies the owner at least 48 hours prior
to commencement of the work on that portion. The Contractor will be held liable for such damages or injury if
the backfilling of such trenches is delayed more than 1 day after acceptance by the Engineer.
A.21 STANDING CROPS
The Contractor shall not be held responsible for damages to standing crops within the working araa available
and the access route provided if he notifies the owner thereof at least 48 hours prior to commencement of the
work on that portion.
A.22 SURPLUS GRAVEL
If as a result of any work, gravel or crushed stone is requirad and not all the gravel or crushed stone is used
in the construction of the works, the Contractor shall haul away such surplus gravel or stone unless otherwise
approved.
SPRIET ASSOCIATES
Page 7
Revised November, 2000
A.27 IRON BARS
The Contractor shall be held liable for the cost of an Ontario Land Surveyor to repiace any iron bars destroyed
during the course of construction.
A.28 STAKES
At the time of the survey, stakes are set along the course of the drain at intervals of 50 meters. The Contractor
shall ensure that' the stakes are not disturbed unless approval is obtained from the Engineer. Any stakes
removed by the Contractor without the authority of the Engineer, shall be replaced at the expense of the
Contractor. At the request of the Contractor, any stakes which are removed or disturbed by others or by
livestock, shall be replaced at the expense of the drain·
A.29 .RIP-RAP
Rip-rap shall be specified on the drawings and shall conform to the following:
· 1 Quarry Stone: shall range in size from 150mm to 300mm evenly distributed and shall be placed to a 300mm
thickness on a filter blanket at a 1.5: 1 slope unless otherwise noted· Filter blanket to be Mirafi 160N or
approved equal.
.2 Broken Concrete: may be used in areas outside of regular flows if first broken in maximum 450mm sized
pieces and mixed to blend with quarry stone as above. No exposed reinforcing steel shall be permitted.
.3 Shot Rock: shall range in size from 150mm to 600mm placed to a depth of 450mm thickness on a filter
blanket at a 1.5:1 slope unless otherwise noted. Filter blanket to be Mirafi 160N or approved equal·
A.30 GABION BASKETS
Supply and install gabion basket rip-rap protection as shown on the drawings.
Gabion baskets shall be as manufactured by Maccaferri Gabions of Canada Ltd. or approved equal and shall
be assembled and installed in strict accordance with the manufacturer's recommendations.
The gabion fill matedal shall consist solely of fractured field stone or gabion stone graded in size from
100mm to 200mm (4" to 8") and shall be free of undersized fragments and unsuitable material.
A.31 RESTORATION OF LAWNS
.1 General: Areas noted on the drawings to be restored with seeding or sodding shall conform to this
specification, and the contractor shall allow for all costs in his lump sum bid for the following works.
.2 Topsoil: Prior to excavation, the working area shall be stripped of existing topsoil The topsoil stockpile shall
be located so as to prevent contamination with matedal excavated from the trench. Upon completion of
backfilling operations, topsoil shall be spread over the working area to a depth equal to that which previously
existed but not less than the following:
Seeding and sodding minimum depth of lO0mm
Gardens minimum depth of 300mm
In all cases where a shortfall of topsoil occurs, whether due to lack of sufficient original depth or rejection of
stockpiled material due to contractors operations, imported topsoil from acceptable sources shall be imported
at the contractors expense to provide the specified depths. Topsoil shall be uniformly spread, graded and
cultivated prior to seeding or sodding. All clods or lumps shall be pulverized and any roots or foreign matter
shall be raked up and removed as directed.
SPRIET ASSOCIATES
SECTION B - OPEN DRAIN
INDEX
SECTION NUMBER
PAGE NUMBER
B.1
B.2
B,3
B.4
B.5
B.6
B.7
B.8
B,9
B.10
B.11
PROFILE-' ...................................................................................................................
ALIGNMENT ..............................................................................................................
CLEARING AND GRUBBING ....................................................................................
EXCAVATION ............................................................................................................
EXCAVATED MATERIAL ...........................................................................................
EXCAVATION THROUGH BRIDGES AND CULVERTS ............................................
PIPE CULVERT ...................................................... : .................................................
MOVING DRAINS OFF ROADS ...............................................................................
TRIBUTARY OUTLETS ............................................................................................
SEDIMENT BASINS AND TRAPS ............................................................................
SEEDING .................................................................................................................
9
9
9
9
10
10
10
10
11
11
11
Page 9
Revised November, 2000
SECTION B
OPEN DRAIN
B.1
PROFILE
The profile drawing shows the depth of cuts from the ground beside the stake to the final invert of the ditch
in meters and decimals of a meter and also the approximate depth of cuts from the existing bottom of the ditch
to the elevation of the ditch bottom. These cuts are established for the convenience of the Contractor; however,
bench marks will govern the final elevation of the drain. Bench marks have been established along the course
of the drain and their locations and elevations are noted on the profile drawing. A uniform grade shall be
maintained between stakes in accordance with the profile drawing.
B.2 ALIGNMENT
The drain shall be constructed in a straight line and shall follow the course of the present drain or water run
unless otherwise noted on the drawings. Where it is necessary to straighten any bends or irregularities in
alignment not noted on the drawings, the Contractor shall contact the Engineer or Superintendent before
commencing the work.
B.3 CLEARING AND GRUBBING
Prior to commencement of work, all trees, scrub, fallen timber and debris shall be removed from the side
slopes of the ditch and for such a distance on the working side so as to eliminate any interference with the
construction of the drain or the spreading of the spoil. The side slopes shall be neatly cut and cleared flush with
slope whether or not they are affected directly by the excavation. With the exception of large stumps causing
damage to the drain, the sideslope shall not be grubbed. All other cleared areas shall be grubbed and the
stumps put into piles for disposal by the owner.
All trees or limbs 150mm (6") or larger, that it is necessary to remove, shall be considered as logs and shall
be cut and trimmed, and left in the working width separte from the brush, for use or disposal by the owner. Trees
or limbs less than 150mm in diameter shall be cut in lengths not greater than 5 meters and placed in separate
piles with stumps spaced not less than 75 meters apart in the working width, for the use or disposal of the owner.
In all cases, these piles shall be placed clear of excavated materials, and not be piled against standing trees.
No windrowing will be permitted. The clearing and grubbing and construction of the drain are to be carried out
in two separate operations and not simultaneously at the same location.
B.4 EXCAVATION
The bottom width and the side slopes of the ditch shall be those shown on the profile drawing.
Unless otherwise specified on the drawings, only the existing ditch bottom is to be cleaned out and the side
slopes are not to be disturbed. Where existing side slopes become unstable because of construction, the
Contractor shall immediately contactthe Engineer or Superintendent. Alternative methods of construction and/or
methods of protection will then be determined, prior to continuing the work.
Where an existing drain is being relocated or where a new drain is being constructed, the Contractor shall,
unless otherwise specified, strip the topsoil for the full width of the drain, including the location of the spoil pile.
Upon completion of levelling, the topsoil shall be spread to an even depth across the full width of the spoil
SPRIET ASSOCIATES
Page 11
Revised November, 2000
B.9 TRIBUTARY OUTLETS
The Contractor shall guard against damaging the outlets of tributary drains. Prior to commencement of
excavation on each property the Contractor shall contact the owner and request that all known outlet pipes be
marked by the owner. All outlets so marked or visible or as noted on the profile, and subsequently damaged by
the Contracto¢s operations will be repaired by the Contractor at his cost, All outlet pipes repaired by the
Contractor under direction of the Drainage Superintendent or Engineer which were not part of the Contract shall
be considered an extra to the contract price.
B,10 SEDIMENT BASINS AND TRAPS
The Contractor shall excavate sediment basins prior to commencement of upstream work as shown on the
plan and profile. The dimension of the basin will be in a parabolic shape with a depth of 450mm below the
proposed ditch bottom and the basin will extend along the drain for a minimum length of 15 meters.
A sediment trap 300mm deep and 5 meters long with silt fence placed across ditch bottom on the downstream
end of the trap shall be constructed prior to and maintained during construction, to prevent silt from flushing
downstream. The silt fence shall be removed and disposed of after construction,
B.11 SEEDING
.1 Delivery: The materials shall be delivered to the site in the original unopened containers which shall bear
the vendor's guarantee of analysis and seed will have a tag showing the year of harvest.
.2 Hydro Seeding: Areas specified on drawings shall be hydro seeded and mulched upon completion of
construction in accordance with O.P.S.S. 572 and with the following application rates:
Primary Seed (85 kg/ha.):
Nurse Crop
Fertilizer (300 kg/ha.)
Hydraulic Mulch (2000 kg/ha.)
Water (52,700 litres/ha.)
50% Creeping Red Fescue
40% Perennial Ryegrass
5% White Clover
Italian (Annual) Ryegrass at 25% of Total Weight
8-32-16
Type "B"
.3
Seeding shall not be completed after September 30.
Hand Seedinq: Hand seeding shall be completed daily with the seed mixture and fertilizer and application
rate shown under "Hydro Seeding' above. Placement of the seed shall be by means of an approved
mechanical spreader. Seeding shall not be completed after September 30.
SPRIET ASSOCIATES
SECTION C - TILE DRAIN
INDEX
SECTION NUMBER
PAGE NUMBER
C.1
C.2
C.3
C.4
C.5
C,6
C.7
C,8
C.9
C.10
C.11
C.12
C.13
C.14
C.15
C.16
C.17
C.18
C.19
C.20
PiPE MATERIALS ................................................................................................. 12
12
TESTIN ~ .................................................
12
LINE .....................................................................................................................
CLEARING AND GRUBBING ................................................................................ 13
13
PROFILE ..............................................................................................................
13
GRADE ..................................................................................................................
14
EXCAVATION .......................................................................................................
14
iNSTALLATION .....................................................................................................
ROAD AND LANEWAY SUB-SURFACE CROSSINGS ........................................... 15
15
BACKFILLING .......................................................................................................
15
UNSTABLE SOIl- .................................................................................................
15
ROCKS ................................................................................................................
BROKEN, DAMAGED OR EXCESS TILE .............................................................. 15
TRIBUTARY DRAINS ............................................................................................ 15
16
OUTLET PIPES ....................................................................................................
CATCHBASINS AND JUNCTION BOXES ............................................................. 16
17
BLIND INLETS .....................................................................................................
GRASSED WATERWAY ....................................................................................... 17
BACKFILLING EXISTING DITCHES ...................................................................... 17
RECOMMENDED PRACTICE FOR CONSTRUCTION OF SUBSURFACE
DRAINAGE SYSTEM ............................................................................................ 17
C.1
.1
.2
,3
.4
.5
.6
C,2
C.3
Page 12
Revised November, 2000
SECTION C
TILE DRAIN
PIPE MATERIALS
Concrete Tile: All tile installed under these specifications shall be sound and of first quality and shall meet ali
A.S.T.M. Specifications ourrent at the time of tendering. Concrete tile shall conform to Designation C412 "Extra
Quality" except that the minimum compression strengths shall be increased by 25%. Heavy Duty tile shall
conform to Designation (3412 'Heaw Duty Extra Quality".
Corru,qated Steel Pipe: Unless otherwise specified ail metal pipe shall be corrugated, rivetted steel pipe or
helical corrugated steal pipe with a minimum wall thickness of 1.6mm (16 gauge) and shall be fully galvanized.
Plastic Tubinq: The pl;~ns will specify the type of tubing or pipe, such as non-perforated or perforated (with
or without filter material).
i) Corrugated Plastic Drainage Tubing shall conform to the current O.F.D.A. Standards
ii) Heavy Duty Corrugated Plastic Pipe shall be "Boss 1000" manufactured by the Big 'O' Drain Tile Co. Ltd. or
approved equal
Concrete Sewer Pipe: The Designations for concrete sewer pipe shall be C14 for concrete sewer pipe 450mm
(18") diameter or less; and C76 for concrete sewer pipe greater than 450mm (18") diameter. Where closed joints
are specified, joints shall conform to the A.S.T.M. Specirica'don C443.
Where concrete sewer pipe "seconds* are permitted the pipe should exhibit no damages or cracks on the
barrel section and shall be capable of satisfying the crushing strength requirements for No. 1, Pipe S pecifications
(C14 or C76). The pipe may contain cracks or chips in the bell or spigot which could be serious enough to
prevent the use of rubber gaskets but which are not so severe that the joint could not be mortared conventionally.
Plastic Sewer Pipe: The plans will specify the type of sewer pipe, such as non-perforated or perforated (with
or without filter material). All plastic sewer pipe and riflings shall be "Boss Poly-Trte", ULTRA-RIB", "Challenge~
3000" or approved equal with a minimum stiffness of 320 kpa at 5% deflection..
Plastic Fittinqs: All plastic fittings shall be "Boss 2000" or "Challenger 2000" with split coupler joints or approved
equal.
TESTING
The manufacturer shall provide specimens for testing if required. The random selection and testing
procedures would follow the appropriate A.S,T.M. requirements for the material being supplied. The only
variation is the number of 'die tested: 200mm to 525mm dia. - 5 tile tested, 600mm to 900mm dia. - 3 'die tested.
The drain will be responsible for all testing costs for successful test results. Where specimens fail to meet the
minimum test requirements, the manufacturer will be responsible for the costs of the unsuccessful tests.
Alternately, the Engineer may accept materials on the basis of visual inspections and the receipt in writing from
the Manufacturer of the results of daily production testing carried out by the Manufacturer for the types and sizes
of the material being supplied.
LINE
Prior to stringing the tile, the Contractor shall contact the Superintendent or the Engineer in order to establish
the course of the drain.
Where an existing drain is to be removed and replaced in the same trench by the new drain or where the new
drain is to be installed parallel to an existing drain, the Contractor shall excavate test holes to locate the existing
drain (including repairing drainage tile) at intervals along the course of the drain as directed by the Engineer
and/or the Superintendent. The costs for this work shall be included in the tender price.
SPRI ET ASSOCIATES
Page 14
Revised November, 2000
C.7 EXCAVATION
,1
Trench: Unless otherwise specified, all trenching shall be done with a recognized farm tiling machine
approved by the Engineer or Superintendent, The machine shall shape the bottom of the trench to conform
to the outside diameter of the pipe for a minimum width of one-half of the outside diameter, The minimum
trench width shall be equal to the outside diameter of the tile to be installed plus 100mm (4") on each side
unless otherwise approved. The maximum trench width shall be equal to the outside diameter of the tile to
be installed plus 250mm (10") on each side unless otherwise approved.
.2
Scalplnq: Where the depths of cuts in isolated areas along the course of the drain as shown on the profile
exceed the capacity of the Contractor's tiling machine, he shall lower the surface grade in order that the tiling
machine may trench to the correct depth. Topsoil is to be stripped over a sufficient width that no subsoil will
be deposited on top of topsoil. Subsoil will then be removed to the required depth and piled separately.
Upon completion of backfilling, the topsoil will then be replaced to an even depth over the disturbed area.
The cost for this work shall be included in his tender price.
,3
Excavator: Where the Contractor's tiling machine consistently does not have the capacity to dig to the depths
required or to excavate the minimum trench width required, he shall indicate in the appropriate place provided
on the tender form his proposed methods of excavation.
Where the use of an excavator is either specified on the drawings or approved as evidenced by the
acceptance of his tender on which he has indicated the proposed use of a backhoe he shall conform to the
following requirements:
a) the topsoil shall be stripped and replaced in accordance with Section .2 "Scalping".
b) all tile shall be installed on a bed of 19mm crushed stone w~th a minimum depth of 150mm which has
been shaped to conform to the lower segment of the tile.
c) the Contractor shall allow for the cost of the preceding requirements (including the supply of the crushed
stone) in his lump sum tender price unless it is otherwise provided for in the contract documents.
.4 Backfillinq Ditch: Where the contract includes for a closed drain to replace an open drain and the ditch is
to be backfilled, the Contractor shall install the tile and backfill the trench pdor to backfilling the ditch unless
otherwise noted, The distance the trench shall be located away from the ditch shall be as noted on the
drawings, (beyond area required for stockpiling topsoil and backfilling). After tile installation is complete
topsoil (if present) shall be stripped and stockpiled within the above limits prior to backfilling of ditch. Only
tracked equipment shall be permitted to cross backfilled tile trench and must be at 90 degrees to line of tile.
C.8 INSTALLATION
The tile is to be laid with close fitting joints and in regular grade and alignment in accordance with the plan
and profile drawings. The tiles are to be bevelled, if necessary, to ensure close joints (in pa'ticular around
curves). Where, in heavy clay soils, the width of a joint exceeds 10mm the joint shall be wrapped with filter cloth
as below. Where the width of a joint exceeds 12mm the tile shall first be removed and the joint bevelled to reduce
the gap. The maximum deflection of one tile joint shall be 15 degrees. Where a drain connects to standard or
ditch inlet catchbasins or junction box structures, the Contractor shall include in his tender pdce for the supply
and installation of compacted Granular 'A' bedding under areas backfilled from the underside of the pipe to
undisturbed soil. The connections will then be grouted.
Where a tile drain passes through a bore pit, the Tile Contractor shall include in his tender pdce for the supply
and placement of compacted Granular "A" bedding from the underside of the pipe down to undisturbed soil
within the limits of the bore pit.
As above and where soil conditions warrant, the Engineer may require (or as specified on the drawings) that
each tile joint be wrapped with synthetic filter cloth, The width of the filter cloth shall be 300mm wide for ti~e sizes
of 150mm to 300mm and 400mm wide for sizes of 350mm to 750mm. The filter cloth shall cover the full
perimeter of the tile and overlap a minimum of 100mm or as specified on the drawings. The type of cloth shall
be Mirafi 140NL for loam soils and 150N for sandy soil Any such work not shown on the drawings shall be
considered as an addition to the contract price unless specified on the drawings.
SPRIET ASSOCIATES
Page 16
Revised November, 2000
C.14 TRIBUTARY DRAINS (cont'd)
For tributary drains 1150mm dia. or smaller connected to new tiles 250mm dia. or larger, and for 200mm dia.
connected to 350mm dia. or larger, the Contractor shall neatly cut a hole in the middle of a tile length. The
connections shall be made using a pre-fabricated adaptor. All other connections shall be made with pre-
fabricated wyes or tees conforming to Boss 2000 split coupler or approved equal,
Where an open drain is being replaced by a new tile drain, existing tile outlets entering the ditch from the side
opposite the new drain shall be extended to the new drain. All existing metal outlet pipes shall be carefully
removed, salvaged, and left for the owner. Where the grade of the connection passes through the newly placed
backfill in the ditch, the backfill material below the connection shall be thoroughly compacted and metal pipe of
a size compatible with the tile outlet shall be installed so that a minimum length of 2 meters at each end is
extending into undisturbed soil.
Where locations of tiles are shown on the drawings the Contractor shall include in his tender price, all costs
for connecting those tiles to the new drain regardless of length.
Where tiles not shown on the drawings are encountered in the course of the drain, and are to be connected
to the new drain, the Contractor shall be paid for each connection at the rate outlined in the Form of Tender and
Agreement.
C.15 OUTLET PIPES
Corrugated steel pipe shall be used to protect the tile at its outlet, It shall have a hinged metal grate with a
maximum spacing between bars of 40mm. The corrugated steel pipe shall be bevelled atthe end to generally
conform to the slope of the ditch bank and shall be of sufficient size that the tile can be inserted into it to provide
a solid connection. The connection will then be grouted immediately.
The installation of the outlet pipe and the required rip-rap protection shall conform to the standard detailed
drawing as noted on the drawing.
C.16 CATCHBASINS AND JUNCTION BOXES
.1
Catchbasins: Unless otherwise noted or approved, catchbasins shall be in accordance with O.P.S.D.
705.010, 705.030. All catchbasins shall include two - 150mm riser sections for future adjustments. All ditch
inlet catchba.sins shall include one 150mm dser section for future adjustments. The catchbasin top shall be
a "Bird Cage" type substantial steel grate, removable for cleaning and shall be inset into a recess provided
around the top of the structure. The grate shall be fastened to the catchbasin with bolts into the concrete.
Spacing of bars on grates for use on 600mmx600mm structures shall be 65mm centre to centre. Spacing
of bars on grates for use on structures larger than 600mmx600mm shall be 90mm with a steel angle frame.
The exact location and elevation of catchbasins shall be approved by the Road Authority or the
Engineer/Superintendent. Catchbasins offset from the drain shall have 'Boss 2000' 200mm diameter leads
or approved equal unless otherwise noted and the leads shall have a minimum of 600mm of cover. The leads
shall be securely grouted at the structures and the drain.
.2
Junction Boxes: Junction boxes shall be the precast type unless othenNise approved. Dimensions for
precast junction boxes shall conform to those for catchbasins. The inside dimensions of the box shall be a
minimum of 100mm larger than the outside diameter of the largest pipe being connected. The minimum cover
over the junction box shall be 600mm. Benching to spring line shall be supplied with all junction boxes.
.3
Connections: Catchb~sins and junction boxes shall not be ordered until elevations cf existing pipes being
connected have been verified in the field as indicated on the drawings. All connections shall be securely
grouted at both the inside and outside walls of the structure.
.4
Installation: Where the native material is clay, all catchbasins shall be backfilled with an approved granular
material placed and compacted to a minimum width of 300mm on ali sides with the following exception.
Where the native material is sandy or granular in nature it may be used as backfill. Filter cloth shall be placed
between the riser sections of all catchbasins.
SPRI ET ASSOCIATES
Page t 8
Revised November, 2000
SECTION D
SPECIFICATIONS FOR MUNICIPAL DRAINS CROSSING COUNTY ROADS
These specifications apply to Municipal Drains crossing County, Regional, or Highway Roads, Where the word
"Count'/" is used, it shall be deemed to apply to the appropriate owning authority,
These specifications supplement the conditions outlined in the Specifications for the Construction of Municipal
Drainage works, but in no way limit the County's Specifications and Regulations governing the construction of
drains on the County's Road Allowance.
The County will supply no labour, equipment or materials for the construction of the road crossing unless
otherwise noted on the drawings.
Before proceeding with any work on County Road property, the Contractor shall ensure a road crossing permit
has been obtained and he shall notify the County Engineer and the Drainage Engineer or Superintendent, a
minimum of 48 hours in advance (exclusive of Saturdays, Sundays and Holidays), A site meeting shall be held
with the affected parties to review in detail the crossing and/or its related works. The County Inspector and the
Drainage Engineer will inspect the work while in progress to ensure that the work is done in stdct accordance
with the specifications.
The drawings will specify the type of crossing which is to be constructed i.e. by boring or by open cut.
Boring shall be carried out in accordance with the section of the S~3ecifications for the Construction of Municipal
Drainage Works entitled "General Conditions" sub-section A16 except that:
bore pits shall be kept back at least 1 meter from the edge of pavement and where bore pits are made in any
portion of the shoulder, the excavated material shall be disposed of off the road allowance and the pit
beckfilled with thoroughly compacted Granular "A" for its entire depth.
· bore pits and excavations outside of the shoulder area may be backfilled with native material compacted to
a density of 95% Standard Proctor. All disturbed areas shall be neatly shaped, have the topsoil replaced and
hand seeded.
Open Cut shall be carried out in accordance with the section of the Specifications for the Construction of
Municipal Drainage Works entitled "General Conditions" sub-section A16 except that:
· the excavated material removed from the travelled portion of the road and the full width of the shoulder shall
be removed and disposed of off the road allowance
backfill material for the excavation on the travelled portion and shoulders shall be as follows:
a) from the bottom of the excavation to a level 300mm below the road grade - the material shall meet the
requirements for M.T.O. Granutar 'B'. The backfill shall be placed in lifts not exceeding 300mm in thickness
and each lift shall 13e thoroughly compacted to produce a density of 100% Standard Proctor.
b) the top 300mm of backfill material shall meet the requirements for M,T.O. Granular 'A' and shall be placed in
lifts not exceeding 150mm in thickness and each lift shall be thoroughly compacted to produce a density of
100% Standard Proctor,
SPRIET ASSOCIATES
OU~ffi SlONE R~-;~.~ PROIECnON F:~;~POSED CULVERT
Al Ffl~CH ENO
/.
/
ROADWAY
HALF ELEVATION
~.~ 1~
2.02
HALF SECTION
~ 2.0mm I)ICIO~SS ~3JCN. CI~tLJGATED
15
500mm OEPTH ~NOER MP[
(zo(:x~ (MI~V'I iraeN OR
~ SECTION IHROUOH PIPE
NOTES
1) WHERE THE CULYERT IS TO BE INSTALLED IN POOR
SOIL CONDITIONS. THE B~ODINC MATERIAL SHALL DE
lgmm CRUSHED SIONE COMPLETELY WRAPPED IN
GEOTEXT)LE SUCH AS MIRAFI 160N OR APPROVED
EQUIVALENT.
TYPICAL FARMCULVERTINSTALLATION DETNL
Scale: N.T.S. Approved by: Date: 1985
Drown by: jk U,P.D. Rev;sad: November 2000
ELEVATION & SECTION OETNLED
SPRtET ASSOCtA1T:S LONDON u~rrE~ No. 01
CONSULTING ENGINEERS ARCHITEClS
1. TILE TO DE BUI~' END TO
SEWER PiPE AND WRN~PED
WITH GEOTEXTILE
GROUTED ~[~.
TRAVELLED PORTION OF ROAD OR
EWAY ONO. UO'NG S.OU,.DER) C 'NU MA ER
SECTION THROUGH PIPE
ORNN INSTALLATION
GRANULAR 'A' COMPACTED T,D I00% STANDARD
PROCTOR DRY DENSllY (ROADS AND DRNEWAYS ONLY)
GRANULAN 'B' C0¼PACTED TO 100% STANDARD
DRY DENSI/'f (ROADS AND ONNIEWAYS ONLY)
TYPE 1 & 2 SOIL
BACKFILL MATERIAL UNDER ROADWAYS
AND DRr~'WAYS SHALL BE GRANULAR 'B*
COMPACTED TO g8% STANDARD PROCTOR
DRY DENSITY. OTHERWISE BACKFILL
UATERIAL SHALL BE ON-SITE NA~E
14ATERIAL CO~IPACTED TO 95~ 5TAN[~.RD
PEOCTON DRY DENSI1T
FOR RESTORATION OF
ASPHALT, PA~ING STONE,
CONCRETE AND GP, ASS (SEE
SPECIRCATIONS AND
O~N~)
BEDDING AND COVER I4ATER~ TO BE
GRANULAR 'A' COMPACTED TO 98~
STANDARD PROCTOR DRY DENSIIY
.tOOmm
~' W
W = O.D. + 600mm FOR O.D.= < 900mm
W = O.D. + 7§Omm FOR O.D.> 900mm
ALL BEDDING AND BACKFmLL MATERL~L lO
BE PLACED IN 150mm UFTS
SIMULTANEOUSLY ON BOTH SLOES AND
I~ECHANICALLY COUPACTED TO SPECIFIED
STANDARD PROCTOR DRY DENSITY
CROSS SECTION
TYPICAL INSTALLATION DETAIL
FOR FLEXIBLE PIPE
Scale: N.T.S. AOproved by: 1983
Drown by: jk M.P.D. Ee-,i.d: November 2000
ELEVATION & SECTION OETA4LED
SI'RIB' ASSOCIATES LONDON U~I1ED No. 02
CONSULTING ENGINEERS ARCHITECTS
OUTLET PiPE TO ENTER DITCH
ANGLE{) WITH THE FLOW
PLAN
1. WHERE THE DISTURBED AREA EXCEEDS THE
MIN. W~DTHS, RIP-RAP TO EXTEND TO A ),liN.
OF 500mm BEYOND THE DISTURBED AREA
QUARRY STONE R~P-RAP-
~,r.,~ ~ ~, z;~r,,~ \ ~ - -- ~ ......
(II U~ · 2m ~NST~) ~ m
B~ TO
INTO C.M.P. ~D
~1~ OU~ RIP-~
1. RIP-RAP TO EXTEND UP THE SLOPE TO 1 METER
ABOVE TOP OF OUTLET
2. WHERE SURFACE RUN ENTERS DITCH AT OUTLET
PIPE, A ROCK CHUTE SHALL BE INSTALLED (SEE
S.D.D. No. 05) AND PIPE SHALL BE INSTALLED
ADJACENT TO ROCK CHUI'E.
3. HINGED RODENT GATE TO BE AFFIXED TO END OF
OUTLET PIPE.
TYPICAL OUTLET RIP-RAP THROUGH
SlOE SLOPE OF DITCH
jk M.P.O. Revised: November 2000
PLAN & SECTION D~T,eJLED
SPRtET ASSOOATES LONOON UI4miL~l No. 03
CONSULTING ENGINEERS ARCHITECTS
QUARRY S~
300mm
IRAFI 16ON
OR APPROVED EQUIVALENT)
TYPICAL DITCH BANK RIP-PAP
~ ~,~).x ,-)~-~ SUPPLY AND PLACE OUARRY STONE
E_[ ~/~,~rt~s~ r RIP-RAP PROTECTION ON BACXFILLED
RI ............. 1c~'"~ / AND RESHAPED DITCH BANK
GEOTEXTILE O, IIRAFI 160N ~'/ /-
BACKFILL AND RESHAP
EXISTING DITCH BANK
300mm
WFFH BACKFIMJNG OF WASHOUT
I~'PICAL DF[CH BANK RIP-RAP DETNLS
Scale: N.T.S. Approved by: 2000
O,a'~n by: jk M.P.O. November 2000
SECTIONS OETNLED
SPRIET ASSOCIATES LONDON Ual,~ No. 04
CONSULTING ENGINEERS ARCHITECTS
N~/ DITCH 80TTOU
BDT
EXIST. DITCH
~1 NEWLY EXPOSED OITCH BANKS
BELOW EXISTING SODDED BANKS
RAE)OUC ~L ~-. ARE TO BE SEEDED WHERE
Obi NOTED ON THE DRAWINGS (IYPICAL)
TYPICAL DFFCH Bo'n'ou CLEANOUT
VARIES
(elRAFII~N
QUARRY ~ONE J - OR APPROVED EOUNALENT)
SEC~ON A-A
'tYPICAL ROCK CHUTE
TYPICAL DITCH BOTTOM CLEANOUT
'I~'PICAJ_ ROCK CHUll[ CONSTRUCllON
Sco~e: N.T.S. App,oveO by: Dote: November 2000
Drown by: jk M.P.O. Revised:
SECTIONS OEI'NL£D
SPINET ASSOCIAIES LONOON lIMITED .o. 05
CONSULTING ENGINEERS ARCHITECTS
Community Services Department
Business Development
4310 Queen Street
P,O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-752'1
Fax: (905) 357-9293
E-mail: sfelicet@city.niagarafalls,on.ca
BDD-2001-01
Serge Felicetti
Director
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: BDD-2001-01 - Niagara Falls Health Professional Recruitment Task Force
Recommendation:
1)
2)
3)
4)
5)
That a Niagara Falls Health Professional Recruitment Task Force be established
immediately to address the current and future shortages in sustaining/attracting doctors
and other health professionals to our community,
That Council approves the composition of the Task Force,
That Council appoints its representative(s) to the Task Force,
That Council approves funding in the mount of $60,000 for the City program, and
further
That Council consider $10,000 toward the Regional/Municipal Program.
Background:
The supply of available health professionals is low in areas across North America and is
becoming a greater concern for affected communities. The City of Niagara Falls is one of 99
communities across Ontario designated as "underserviced" by the Ministry of Health and Long
Term Care and the list continues to grow. Many of these "underserviced" communities have
established committees to deal with doctor recruitment and retention issues. Currently, Niagara
Falls does not have an organization responsible for doctor recruitment activities. To date, a few
local doctors have taken the initiative to lead recruitment activities on an ad hoc basis. Dr. Dec
has given a considerable amount of time and expertise in conducting physician familiarization
tours to interested doctors considering Niagara Falls as one of their possible communities to open
their practice.
On behalf of the Niagara Falls physicians Dr. Dec approached the City to request assistance in
forming a community task force to address health professional recruitment and retention issues.
This past spring City Staffin partnership with the G.N.G.H. Foundation Staff assisted Dr. Dec in
preparing a small quantity of Health Professional Recruitment brochures which were distributed
to medical students at an information day at McMaster University in Hamilton (April 30). Other
communities present at this event were Guelph, Cambridge and Brant County. The remaining
brochures were distributed in May during a pharmaceutical's information session held in Niagara
Falls for 100 specialists.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development · Building & By-Laws
BDD-2001-01 -2-
July 16, 2001
The former president of G.N.G.H., John Carter, is currently serving in a voluntary capacity as
Chairman of the Physician Resources Planning Task Fome for the Niagara Health District
Council. Mr. Carter has emphasized that in order for the recruitment efforts to be successful on a
regional basis, local recruitment teams/task forces need to be established in each community to
ensure doctors are encouraged to take up practice and remain in the community. Mr. Carter is
expected to attend the August 13, 2001 City Council meeting to provide members with an
overview of the Niagara Physician Recruitment and Retention Program at which time he will
address the Regional/Municipal funding model. Mr. Carter will be approaching all twelve
municipalities in the Region requesting financial support of the $95,000 budget for the Niagara
Physician Recruitrnent and Retention Program of which the City will be asked for $10,000.
Niagara District Health Council recently appointed Jenny Simpson to the newly created post of
Physician Recruitment and Retention Coordinator. Ms. Simpson's'position is part time (24
hours/week). In her new role Ms. Simpson will provide valuable resource information on the
Provincial programs in assisting the Niagara Falls Health Professional Recruitment and
Retention Task Force.
The Niagara Falls ttealth Professional Recruitment and Retention Task Force responsibilities
would include the fullowing:
Develop and institute recruitment/retention strategy
Develop a medical practice opportunity profile (with physician input)
Work with Ministry of Health and Long Term Care to secure resources offered by the
Ministry under the Underserviced Area Programs
Participate in the Ministry's sponsored annual recruitment tour held in September.
(Designated Underserviced Communities are invited to attend the information sessions
held at the 5 Ontario Medical Schools)
Develop promotional recruitment material to promote the City of Niagara Falls to
medical professionals
Establish a :means of keeping the community informed of the campaign and recognize
contribution of task fome members
Organize physician site visits
Work with the Niagara District Health Council Physician Recruitment and Retention
Committee
Proposed composition of Task Fome could include:
City Council
Hospital
Physician(s)
Community' Leaders
Business Leaders
Chamber of Commerce
Niagara District Health Council
Business Development
BDD-2001-01 -3- July 16, 2001
In order to execute the City's campaign, the following budget has been prepared for Council
approval.
Niagara Falls Health Professional Recruitment & Retention Task Force
Proposed Budget (July 2001-2002)
Promotional. Campaign
Travel Expenses
Community Visitation Program
Staff time
$30,000
3,000
5,000
22,000
Niagara Falls Program
$60,000
Niagara District Health Council Physician
Recruitment & Retention Program
10,000
Total $ 70, 000
Conclusion:
Staff is requesting Council's support in establishing the Niagara Falls Health Professional
Recruitment & Retention Task Fome and a budget of $60,000 to enact the initiative. In addition,
staff is requesting Council's consideration of $10,000 toward the Niagara District Health Council
Physician Recruitment & Retention Program.
Prepared by:
Wendy Canavan
Business Development Officer
Respectfully submitted:
Edward P. Lustig .
Chief Administrative Officer
Approved by:
Serge Felicetti
Director of Business Development
Recommended by:
John MacDonald
Executive Director of Community Services
SF:WC
NiaGoro FolIsllld~
Con~~
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
July 16, 2001
His Worship Mayor W. Thomson
and Members of the/Vlunicipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2001-63, Consultant Presentation
Adult Entertainment and Body Rub Parlour Study
Doug Darbyson
Director
PD-2001-63
RECOMMENDATION:
It is recommended that Council receive the input from the public on the Adult Entertainment and
Body Rub Parlour Study submitted by the Butler Group Consultants Inc.
BACKGROUND:
The City recognized the need to examine the existing standards and regulations governing adult
entertainment facilities and review the situation regarding body rub parlours. The Butler Group was hired
by the City to conduct a study and recommend options. The City passed an Interim Control By-law to
maintain the status quo pending the outcome of the study.
The study submitted by the consultant has been made available to the public over the last month. A Notice
of Public Meeting was published in the Niagara Falls Review. The consultant will present the findings
and recommendations to the public and Council. Council should receive the input of the public on the
three options submitted.
Prepared by:
Alex Herlovitch
Deputy Director of Planning & Development
Recommended by:
/f41~ oug Darbyson
Director of Planning & Development
, proved by:
Tony Ravenda
Executive Director of Cmporate Services
ectfull bmi 'd:
Edward P. Lustin~ j
Chief Administrative Officdr
AH:am
S:WDR~200i WD2001-63.wpd
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
CITY OF NIAGARA FALLS
ADULT ENTERTAINMENT
AND
BODY RUB PARLOUR STUDY
May, 2001
Prepared by
The Butler Group Consultants Inc.
and
Keir Corp
CITY OF NIAGARA FALLS
ADULT ENTERTAINMENT
AND
BODY RUB PARLOUR STUDY
May, 2001
Prepared by
The Butler Group Consultants Inc.
and
Keir Corp
Table of Contents
City of Niagara Falls
Adult Entertainment and Body-Rub Parlour Study
1.0 Introduction 1.1 Purpose
1.2 Background
2.0
Existing Situation
2.1 Adult Entertainment Parlours
2.2 Body-Rub Parlours
2.3 Regulation and Enforcement
3.0
Existing Public Policy Context and Regulations
3.1 Official Plan
3.2 Zoning
3.3 Licensing
3.3.1 Adult Entertainment Parlours
3.3.2 Body-Rub Parlours
4.0 Windshield Survey
5.0
Other Municipal Experience
5.1 Adult Entertainment Parlours
5.2 Body-Rub Parlours
5.3 Summary
6.0 Planning Considerations
7.0 Strengths and Weaknesses
8.0
Summary of Niagara Falls Situation
8.1 Adult Entertainment Parlours
8.2 Body-Rub Parlours
8.3 Issues
8.3.1 Concentration
8.3.2 Consistency
8.3.3 Public Policy
8.3.4 Enforcement
9.0 Options
10.0 Summary
List of Figures
Figure 1 - Adult Entertainment and Body-Rub Parlours-
Official Plan Designations
Figm'e 2 - Adult Entertainment and Body-Rub Parlours-
Zoning
Table 1 - Review of Municipal Regulations and Enforcement Issues
List of Appendices
*assembled as a separate document
Appendix A - Interim Control By-law
Appendix B - Adult Entertainment Parlour Licensing By-laws
Appendix C - Body-Rub Parlour Licensing By-laws
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Follows page
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. &Keir Corp
1.0 INTRODUCTION
1.1 Purpose
The purpose of this report is to review the existing situation as well as the standards and
regulations governing adult entertainment facilities in the City of Niagara Falls and to
recommend potential options to regulate adult entertainment and body-rub facilities in
the City.
The consultants have researched the practices of a number of other municipal
jurisdictions for their regulation of adult entertainment facilities and these are also
included for Council's consideration.
The structure of this report outlines the following:
· background context of the study
· the e. xisting situation
· the existing land use and public policy framework and regulations governing
adult entertainment parlours and body-rub parlours in the City of Niagara
Falls
· discuss issues of enforcement, regulation and administration with the Police
Services Board and appropriate City officials
· examine other municipal approaches
· identify issues and strategies
· identify potential options and implementation mechanisms.
1.2 Background
On October 30, 2000, Council for the City of Niagara Falls passed a resolution to proceed
with the hiring of a planning consultant to undertake a study of adult entertainment and
body-rub parlours in order to identify appropriate locations for these facilities. The
Butler Group Consultants Inc. responded to a proposal by the City to undertake this
study. At its meeting of January 22, 2001, Council of the City of Niagara Falls passed
By-law No. 2001-25, an interim control by-law, under section 38 of the Planning Act (see
Appendix A). This By-law, which prohibits new adult entertainment and body-rub
parlours in the City, was introduced in order to maintain the status quo while the study
was being undertaken.
The four existing adult entertainment parlours and the three proposed and one existing
body-rub parlours, currently applying for licences, would be exempt from the provisions
of the interim control by-law. These locations are found in the By-law contained in
Appendix A.
The Butler Group Consultants Inc. was retained to provide an independent peer review
regarding the City's existing regulatory framework, including the location of existing and
proposed adult entertainment and body-rub parlours and to make appropriate
recommendations to regulate adult entertainment uses in the study area. The study
City of Niagara Falls ,4dult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
recommendations will assist in the City's policy formulation for the five-year review of
its Official Plan.
2.0 Existing Situation
2.1 Adult Entertainment Parlours
In an attempt to revitalize the downtown and other commercial areas of the City in
addition to bolstering its thriving tourist industry, the City has attempted to regulate uses
and activities that could adversely impact its planning and economic development
objectives. Niagara Falls is unique in that it is located on the border with the United
States and offers significant tourist attractions that bring in visitors from international
origins. Therefore, the City is under constant pressure to provide a balance for the many,
and often, competing services and facilities that appropriately serve the many scales of
market that are operating in the City.
For the past 20 years, the City of Niagara Falls has had an ongoing prostitution problem
in various parts of the City. As a result of collaborative efforts among the Niagara
Regional Police, Canada Immigration, Public Health, the Liquor Control Board of
Ontario and several other agencies, a committee was formed to help control and reduce
this illegal activity that was a public issue for Niagara Falls. The Prostitution Committee
was formed in the early1980's, and continues to meet on a regular basis. The evidence
provided by a number of downtown merchants and City officials regarding the land use
impacts of prostitution in the downtown area was a major consideration in the OMB
refusal of a recently proposed adult entertainment parlour application (Hotel Europa) at
4274 Bridge Street.
The City of Niagara Falls currently has 4 operating adult entertainment parlours, which
include the following:
· Seductions - 8860 Lundy's Lane
· Sundowner -8870 Lundy's Lane
· Mints Lounge - 5951 Main Street
· Concord Motor Hotel - 5769 Ferry Street.
When the City's zoning by-law was approved in 1979, six adult entertainment parlours
were operating although adult entertainment parlours were not a permitted use in any
zoning category. All four of the adult entertainment parlours are legal non-conforming as
they were in existence before the 1979 Zoning By-Law. The adult entertainment parlours
are further regulated through an adult entertainment licensing by-law administered under
the Municipal Act and discussed further below.
Seductions and Sundowner are both located on the west edge of the City in a highway-
oriented commemial location that includes a number of tourist facilities, campgrounds
and accommodations. The area is removed from existing residential areas, community
t~acilities and other sensitive uses and access to these locations would be primarily by
automobile. Both of these sites are on adjoining properties and are large facilities with
Ciiy of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Ina & Keir Corp
spacious areas of parking including secured parking at the rear of Seductions. The
Sundowner is a freestanding two-storey building. Seductions is a multi-use building with
attached motel in the rear. A commercial campground is located across the street.
Both Seductions and Sundowner are designated Tourist Commercial in the City of
Niagara Falls Official Plan, as depicted in Figure 1 and zoned Tourist Commercial in the
Zoning By-Law 79-200, as depicted in Figure 2.
Mints is locatect in an older part of the City and closer to the actual Falls, in an older
commemial area. It is a two-storey structure and is adjacent to a school; Battlefield
Public School to the west, and just west of the school is the Drummond Hill Presbyterian
Church and cemetery. Although the land use along Main Street is primarily commercial,
residential uses are also in close proximity to this area.
The Concord Motor Hotel offers adult entertainment and is located just east of Main
Street on Ferry Street. This site is located within an older commercial area offering a
number of tourist and other commercial facilities. The Concord is also adjacent to a large
concentration of residential uses in the general vicinity. Within 500 metres of these sites
are also a number of other community facilities including the YMCA, Main Street
Baptist Church,, All Saints Church, Lundy's Lane United Church, BME Church, several
other places of worship and parks, and the Greater Niagara General Hospital. Patrons in
the local community could walk to either of these establishments.
Both Mints anti the Concord are designated Minor Commercial in the City of Niagara
Falls Official Plan (see Figure 1) and zoned General Commercial in the City's Zoning
By-Law 79-200 (see Figure 2). Both of these facilities are also located in Community
Improvement Areas in the City's Official Plan. These facilities are located approximately
350m apart.
2.2 Body-Rub Parlours
In 1997, in response to numerous inquiries about establishing body-rub parlours and in
order to regulate and control the operation of illegal body-rub parlours, the Planning
Department, in conjunction with other city staff, reviewed the need for their regulation
under both the: Planning and Municipal Acts. This review concluded that body-rub
parlours should be permitted in General Commercial and Tourist Commercial Zones,
including a definition and distance separations from sensitive land uses. Although other
zones were contemplated it was considered contrary to the provisions of the Official Plan
to permit body-rub parlours in Industrial designations. At the time of zoning, there were
only 2 proposed body-rub licences, and therefore, clustering was not an issue. Body-rub
parlours would also be regulated through a licensing by-law in order to control their
activities. It is noted that the number of licenses were increased from its initial 2 to 5,
without first giving Planning staff the opportunity to contemplate a situation where more
that 2 body-rub parlours could be located in one geographic area. Therefore, no distance
separation bem~een facilities was imposed.
City of Niagara Falls/~dult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
At the time of this report, there are 5 body-mb parlours operating in the City. D6jh Vu is
located at 8720 Lundy's Lane, just east of Seductions. Niagara's Best Health Spa is
located at 7279 Lundy's Lane at Royal Manor Drive. Desires is located at 4927 Victoria
Avenue just north of Simcoe Street and Tokyo Studio is across the street on the east side
of Victoria, 4926 Victoria Avenue. Both of these facilities are located in high visibility
locations close to the CBD. The Niagara Gentleman's Lounge is located at the northwest
comer of Robinson Street and Buchanan Avenue at 6095 Buchanan Avenue. All of these
body-mb parlours are illegal as they are operating without a licence.
The four body-mb parlours that are exempt from the interim control by-law include: · Proposed - 8860 Lundy's Lane
· Proposed - 8700 Lundy's Lane
· Proposed - 8911 Lundy's Lane
· Existing - 8720 Lundy's Lane
These three proposed and one existing body-mb parlours have applied for licenses under
the City's body-mb licensing by-law and appear to qualify under the provisions of the
body-mb licensing and zoning by-laws.
The four body-mb parlours, existing and proposed, that are exempt from the interim
control by-law, are all located on lands designated Tourist Commercial (see Figure 1) and
zoned Tourist Commercial (see Figure 2). These facilities are not located adjacent to
areas of residential use at the present time. However, adjacent lands to the south of
Lundy's Lane are designated Residential in the Official Plan and are zoned as
Development Holding Zone.
The remaining body-mb parlours are located in the older central core area of the City in
close proximity to sensitive land uses. Desires and Tokyo Studio are both designated
Minor Commercial in the Official Plan (see Figure 1) and zoned General Commercial in
the Zoning By-law (see Figure 2). This commercial strip along Victoria Avenue is
adjacent to residentially zoned areas and there are many community facilities such as
chumhes, parks and schools within a 100m radius.
Niagara's Best Health Spa is located on Lundy's Lane just east of the QEW. This
property is designated Tourist Commercial in the Official Plan (see Figure 1) and zoned
Tourist Commercial in the Zoning By-law (see Figure 2). The Niagara Gentleman's
Lounge property is also designated Tourist Commercial (see Figure 1) and zoned Tourist
Commercial (see Figure 2). This site abuts a residential use. The proposed Fraser Club
was to be located on lands designated Tourist Commemial and zoned Tourist
Commercial. The site was in close proximity to St. Ann's Church and residential uses.
There were also a number of other community facilities and places of worship situated
close to the site but just beyond the 100 metre separation distance requirement.
City of Niagara Falls.4duh Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
2.3 Regulation and Enforcement
The Niagara Regional Police (Divisional) have experienced numerous problems related
to traffic, noise and disturbance, violence, drinking and driving and ongoing conflicts
between the two adult entertainment operations on Lundy's Lane. The location in a
tourist commercial area has also caused conflicts with tourists and local business.
Relocation to a more isolated industrial area with the type of clientele that supports these
facilities would not necessarily reduce the untoward behaviour.
The police had various views about the clubs and their ability to enforce and patrol them.
The Lundy's Lane area is somewhat isolated, and therefore, a good location for the two
large facilities currently there, which attract a large American base of clientele. With the
emergence of body-mb parlours, the police have noticed a reduction on the street
prostitution problem. However, with the concentration of the body-mbs adjacent to the
two strip clubs it will increase the problems that the police are dealing with in the area.
Neither the Regional Police (Morality Squad) nor the City receive many calls from the
neighbouring residents and businesses regarding complaints of disturbance from adult
entertainment or body mb parlour facilities, although the City is called by residents and
others regarding the operation of unlicensed body-mb facilities. Primarily the police
concerns relate to what is going on in the club and if illegal activities are occurring or
there are licensing infractions. Charges have been laid against one of the adult
entertainment parlours in the last two years for failing to comply with the licensing by-
law. The police would like to replace the current registration system of entertainers with
a licensing of entertainers as it would be more effective to regulate the approximate 3200
entertainers in lhe Region.
3.0 EXISTING PUBLIC POLICY CONTEXT AND REGULATIONS
3.1 Official Plan
The Official Plan for the City of Niagara Falls was approved by the Minister of
Municipal Affitirs on October 6, 1993, and the consolidation includes amendments up
until August 2000. The Official Plan is silent on the permission of adult entertainment
parlours and body-mb parlours.
in order to foster a healthy business climate and promote a balanced retail and office
structure, the Plan establishes a hierarchy of commercial districts, promotes the
strengthening of existing commemial areas, directs new commercial growth and provides
for the recapture of retail dollars leaving the City. The commercial policies of Niagara
Falls reflect a hierarchy of commercial areas including major commercial (including the
CBD), minor commercial and neighbourhood commercial areas, which reflect the
different types of markets and spatial needs (scale) and range of retail and service outlets
provided, including offices in the larger centres.
City of Niagara Falls ,4dult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Ina & Keir Corp
Major Commercial areas include the CBD and other large-scale commercial and retail
nodes and shopping centres throughout the City. Minor Commercial areas include the
older commercial strips such as at Ferry and Main and along Victoria Avenue, north of
Highway 420. Policy 3.3.1.4 of the Commercial Policy Section pertains to the Main and
Ferry location in the Minor Commercial designation which states:
"The exceptions shall be the Main and Ferry District and the lands fronting on
Cummington Square where a compact budding form, close to the sidewalk, shah be
encouraged in order to maintain the existing pedestrian oriented environment."
In addition, the Official Plan provides for Tourist Commercial policies. The Tourist
Commercial designation is found primarily along the Niagara River adjacent to the park
and along Lundy's Lane. The overall emphasis of the Niagara Falls Tourist Area
Development Strategy is to improve the physical setting of the Tourist Area, creating a
world-class tourist destination which fosters increased visitor spending, lengthens visitor
stays and extends the tourist season. General policies include:
· To ensure that future development builds upon and complements existing good
tourism development and respects the built and natural heritage of the Tourist
Area;
· To establish Tourist Districts which complement and support each other;
· To ensure that future development occurs in an manner which enhances the
attractiveness of the tourism environment and promotes pedestrian-friendly
streetscapes
· To ensure that tourism development does not adversely affect the quality of life
enjoyed in residential neighbourhoods.
The Lundy's Lane Satellite District includes the area just east of Drummond Road and
extends west as far as Garner Road both north and south of Lundy's Lane and then just
on the south side of Lundy's Lane further west of Garner Road. The Lundy's Lane
District shall fhnction as a commercial corridor for the City residents, a supporting
commercial corridor for tourist functions, and a heritage district at Drummond Hill. It
shall provide a wide range of retail-commercial and tourist-commemial uses at a small
and medium scale. These shall include the continued provision of auto-related service
commercial uses, hotel and motel accommodations, campgrounds, recreational uses,
restaurants, supporting retail facilities and historically-related opportunities.
The portion of Lundy's Lane west of Domhester Road shall function primarily as an
accommodation and recreational corridor with development infilling and the
intensification of land uses being encouraged. The policies also address the enhancement
of the Lundy's Lane Battlefield site and its retention as an historically important open
space. This site is located in close proximity to Mints. The policies also address issues of
streetscaping and built form.
6
City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
Lundy's Lane is also depicted as one of the Entry Conidors of Niagara Falls' street
system and is proposed as a tree-lined boulevard in the area east of Drummond Road and
as it extends tbaough to Ferry Street.
There are large areas designated Industrial in the Official Plan, however, most of these
lands are located in the south part of the City. The primary use permitted in Industrial
designations is industry; defined as manufacturing, assembly, fabricating, processing,
reclaiming, recycling, warehousing, distribution, laboratory and research, and storage.
All forms of service industries and utilities are included within this definition. In
addition, ancillary uses including office, retail and wholesale showrooms, and outlets for
products produced on site may be permitted, subject to policy 8.4 of the Industrial
designation.
Commercial services such as banks; restaurants; convenience retail outlets; material
suppliers which are incidental to the industrial district servicing industries and their
personnel; coG~orate business offices and health and fitness conference centres; and
private clubs may be permitted by zoning amendment process.
The Industrial designation also makes provision for zoning amendments to permit free
standing offices, recreational and commercial services and other complementary uses
within industrial districts in order to accommodate changing market conditions and new
development trends, provided they have regard for a number of criteria. Industrial zones
will be arranged in a gradation with the lighter, more prestige type industries located near
residential areas and other sensitive land uses.
Special Policy Area 10 - refers to lands in the vicinity of Main and Ferry. The
designation is representative of the Drummond Hill area of Lundy's Lane. This area
contains historic significance as the location of the Battle of Lundy's Lane in the War of
1812. It is intended that the lands in this area will be protected and preserved to
commemorate the Battle of Lundy's Lane.
Part 4, Section 6 of the Official Plan deals with non-conforming uses and states that:
"The long term intent of this Plan is that such legal non-conforming uses cease so that the
lands may then be used for a purpose in conformity with the provisions of this Plan."
The Official Plan does not provide any direction as to what land use designation may be
appropriate for consideration of a rezoning application for an adult entertainment parlour
or body-rub parlour, nor does it provide any locational or performance criteria which deal
with the siting of such facilities in the Official Plan.
3.2 Zoning
The City of Niagara Falls Zoning By-law 79-200 was adopted by Council on November
5, 1979. The Office Consolidation is current up to August 2000. The Section 2-
Definitions of' the Zoning By-law, includes the following definitions for adult
entertainment parlours (ZBL 93-284), body-rob and body-rub parlours (ZBL 98-03):
City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc, & Keir Corp
2.5A"ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in
xvhich is provided, in pursuance of a trade, calling, business or occupation, goods or
services appealing to or designed to appeal to erotic or sexual appetites or inclinations."
2.10a "BODY-RUB" means the kneading, manipulating, robbing, massaging, touching,
or stimulating, by any means, of a person's body or part thereof but does not include
medical or therapeutic treatment given by a person otherwise duly qualified, licensed and
registered to do so under the laws of the Province of Ontario,
2.10b "BODY-RUB PARLOUR" means any premises or part thereof where a body-mb
is performed, offered, or solicited in pursuance of a trade, calling, business or occupation,
but does not include any premises or part thereof where the body-mbs performed are for
the purpose of medical or therapeutic treatment and are performed or offered by persons
otherwise duly qualified, licensed and registered to do so under the laws of the Province
of Ontario,
The Zoning By-Law is also structured in such a manner that adult entertainment parlours
and body-mb parlours are not permitted uses within places of entertainment. Zoning By-
Law 79-200 provides that "places of entertainment" are permitted in General
Commemial, Planned Shopping Centre Commercial, Central Business Commercial and
Tourist Commercial Zones. The following definition is found in Section 2- Definitions
of the Zoning By-Law:
2.42 "PLACE OF ENTERTAINMENT' means an arena, auditorium, public hall, bowling
alley, ice or roller skating rink, curling rink, dance hall, music hall, theatre, cinema or
other place where pictures are projected but does not include (i) a "body-mb parlour" or
an "adult entertainment parlour" as defined in The Municipal Act or (ii) a pinball or
electronic game machine establishment or (iii) a carnival show, cimus, merry-go-round,
miniature or switch-amusement ride or device or (iv) a billiard or pool room.
Regulations for body-mb parlours contained in the General Commemial (GC) and
Tourist Commercial (TC) Zones, state that:
(a) No body-mb parlour shall be located closer than 100 metres measured in a
straight line from the nearest part of the body-mb parlour building(s) to the lot
line of a Residential zone, an Institutional zone, or Open Space Zone, or to
any of the following uses: place of worship; nursery school; day nursery;
community building; or school.
(b) No body-mb parlour shall have a floor area greater than 300 square metres.
It is noted in Planning Report PD - 86-106 - Adult Entertainment Parlours, that Zoning
By-law 79-200 was intended to be specifically structured to preclude "adult
entertainment parlours" back in August of 1980, when Council considered Planning
Department Report PD/80/80. The report goes on to state that at the time, it was
Council's intent to exclude adult entertainment parlours from being permitted 'as of
right" in any commercial zone (from a land use perspective). The establishment of any
8
City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
new adult entertainment parlour would be considered by Council through Section 34 of
the Planning Act (i.e. zoning by-law amendment).
3.3 Licensing
3.3.1 Adult Entertainment Parlours
By-law 86-240 was passed on November 17, 1986 under subsection 222 (3) of the
Municipal Act to define areas of the municipality in which adult entertainment may
operate. For purposes of the By-law, several definitions related to adult entertainment
parlours were also included as well as penalties for offences. Four locations were defined
to permit adult entertainment parlours including at the southwest comer of Queen Street
and Zimmerman Avenue (the King Edward Hotel - now closed), the west side of Main
Street south of Lundy's Lane (Mints), south side of Lundy's Lane between Garner Road
and Kalar Road (Sundowner) and the north side of Ferry Street east of Main Street
(Concord). The By-law was amended on Febmary 9, 1987, by By-law 87-16, which
permitted an enlargement of the area for adult entertainment parlour located on the south
side of Lundy's Lane (Seductions- formerly Uncle Sam's Resort Motor Hotel). By-law
86-240 was amended on May 15, 1989 by By-law 89-123, which deleted the location at
the southwest comer of Queen Street and Zimmerman Avenue.
On August 26, 1996, the City of Niagara Falls passed By-law 96-174 to authorize
execution of an agreement with the Regional Municipality of Niagara Police Services
Board to provide for the administration, inspection and enforcement services with respect
to licensing and regulating adult entertainment parlours. On the same date, Council,
under section 2.25 of the Municipal Act, passed By-law 96-175 to provide for licensing,
regulating and inspection of adult entertainment parlours. The By-law provides for
definitions; licensing for operators, owners and entertainers; prohibition of licence
transfer to other persons; criminal record search of applicants; circulation of application
to other departments/agencies; applicants to be 18 years of age or older; notification of
City Clerk and Council re issuance of owner's, operator's and entertainer's licence;
revocation of licences; hearings; general provisions; inspection; offences and penalties
and fees.
The number of licenses is not specified in the By-law. The By-law prohibited sexual
contact of any kind between entertainers and patrons and services had to be provided in
view of the main stage without obstmction.
In 1997 the Adult Entertainment Licensing By-law was amended (BL97-249) removing
the lap dancing provisions (prohibition of sexual contact) and replacing the licensing
system for entertainers with a registration system. In addition, the wording was changed
with regard to enclosures such that services are no longer required to be in view of the
main stage andt can be enclosed provided that views into the enclosure are unobstructed.
Licensing fees for the initial license and annual renewals are $2500 for owners, $125 for
entertainers, and $750 for operators. Appendix B contains a copy of the Adult
Entertainment Licensing By-law as amended including the locational By-law.
9
CiO' of Ningara Fails Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
On July 17, 2000, report L-2000-31, suggested consolidation of the Adult Entertainment
Parlour Locational and Licensing By-laws. It would update the locational requirements
fbr adult entertainment parlours and provide for a reduction in number of facilities
operating through attrition. The report was deferred.
3.3.2 Body-Rub Parlours
In 1998 body-mb parlour licensing was introduced to the City of Niagara Falls. A report
(L-98-02) from the Legal Department suggested that a review of body-mb licensing
controls determined that it should be treated similarly to Adult Entertainment Parlours,
with restrictions permitted on numbers, as well as the locations of the establishments and
controls on their operations.
By-law, 98-05, initially introduced licences for 2 facilities, provided they were in
accordance with the provisions of the Zoning By-law (79-200). The By-law provided:
definitions, licensing of owners, operators and body-robbers, fees, age restrictions,
specific standards of operations, issuance and renewals, suspensions, revocations and
conditional approvals, notice provisions, terms of licence, offences and penalties and
inspections. Licensing fees for the initial license and annual renewals are $1250 for
owners, $125 for body-robbers, and $350 for operators. This licensing by-law was
developed in concert with Zoning By-law 98-03 which regulated the size and location of
body-mb parlours, together with distance separations fi'om sensitive uses.
Ia a report (L-99-65) dated August 16, 1999, the City was informed that By-law 98-05
was struck down in court. As a result, a new Licence By-law 99-164 was introduced.
The By-law made it more clear that a person can have an interest in only one owner's
body-mb parlour licence, allowed an owner to transfer locations or transfer the licence
provided that the new location or new owner(s) comply with the provisions of the Body-
rub Parlour By-law and the Zoning By-law, and the provision of only 2 licenses by way
of random draw. BL 99-164 was passed on August 16, 1999.
On January 17,, 2000 Council passed By-law 2000-17 amending its body-mb licensing
By-law 99-164. Amendments were made regarding: owner's licences; definitions for
managers, Police Certificates; the requirement for the owner's licence to be endorsed
with its address, locational designation and business name; the prohibition of services
designed to appeal to erotic or sexual appetites or inclinations and posting a notice of
same; provision for body-robbers to be clothed and covered with opaque material and to
increase the number of owner's licenses from 2 to 5. No changes were made to the
Zoning By-law for body-mb parlours based on the increased number of licenses.
Appendix C contains a copy of the Body-Rub Parlour Licensing By-law as amended.
On July 17, 2000, Council passed By-law 2000-148 amending By-law 99-164 regulating
body-mb parlour signs.
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
4.0 WINDSHIELD SURVEY
The research irt this section pertains primarily to observations made through previous
adult entertainment studies undertaken by the consultants. A qualitative assessment was
undertaken of several adult entertainment parlours in various municipalities including:
the former City of Etobicoke, the City of Vaughan, the City of Mississauga and the City
of Brampton within the Greater Toronto Area (GTA); as well as the City of London and
the City of St. Thomas to determine their locational characteristics as well as their
physical attributes in terms of property maintenance and standards.
The GTA facilities did not appear to be in violation of any property standard regulations,
however, it was notable that most were either in industrial or industrial/ highway
commercial areas and were principally accessible by automobile and were well removed
from any sensitive uses such as residential areas, schools and other community facilities.
All of the facilities have signs indicating that they were adult entertainment facilities,
however, some had explicit signage whereas others did not.
In London the three adult entertainment areas viewed were in central locations relative to
the main business district. One was located in the CBD removed from residential areas,
the other two were in closer proximity to residential areas.
Except for the adult entertainment parlour in the City of Vaughan, which was located on
an internal industrial street, all of the adult entertainment facilities viewed in the GTA
were located on arterial roads.
Of the three noted adult entertainment facilities in London, two were on major arterials
that were conunercial strips whereas the third was in a more remote, dead-end street
comprised of mixed industrial/commercial uses and located just north of the CBD.
The adult entertainment parlour in St. Thomas is located on a major street adjacent to a
residential area and within close proximity of a primary school and a number of other
community facilities. The City has recently approved a new Official Plan amendment,
Zoning and Licensing By-laws in an attempt to close this facility.
Of the body-mb parlours observed in London, they included locations in freestanding
building and multi-use buildings in highway commercial areas along major roads and in
older commercial areas near the core.
The majority of the adult entertainment and existing and proposed body-mb parlours in
Niagara Falls are in high visibility locations on major roads. The adult entertainment
facilities have been in operation for over 20 years and would appear to be thriving
business operations with no indication of leaving their current locations.
The existing adult entertainment parlours and existing and proposed body-mb parlours
would create a concentration of these facilities in the Lundy's Lane area. The result of
increasing the number of body-mb parlour licences in the City from 2 to 5 without
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Cit~ of Niagara Falls ~4dult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
distance separation between them has the effect of creating a cluster of adult related uses
within easy walking distance of each other at the east end of Lundy's Lane. In total,
when approved, there will be four licensed body-mb parlours in addition to the two
existing licensed adult entertainment parlours in this area.
5.0 OTHER MUNICIPAL EXPERIENCE
This section of the report examines the practices and experience of other municipalities
in their treatment of adult entertainment parlours and body mb parlours, based on
previous research undertaken by the consultants. A total of 18 municipalities were
surveyed including a number of large urban and smaller rural municipalities. Three of
the municipalities are in the newly amalgamated City of Toronto, formerly, the Cities of
Etobicoke, North York and Scarborough. Refer to Table 1 for a summary of other
municipal experience.
5.1 Adult Entertainment Parlours
The majority of the municipalities surveyed currently have adult entertainment licensing
provisions in effect as permitted under the Municipal Act. However, several of the
municipalities, typically the smaller ones, did not deal with the issue of Adult
Entertainment in their respective Zoning by-laws. The majority of adult entertainment
uses are associated with another use such as a tavern or restaurant. Several places permit
the adult entertainment as an accessory use to a restaurant or tavern.
Some municipalities have used their powers under the Municipal Act to restrict both the
number and location of adult entertainment parlours (Vaughan, Richmond Hill). While
other municipalities, such as North York, have effectively eliminated adult entertainment
parlours altogether. Scarborough has effectively eliminated new adult entertainment
parlours through the Zoning by-laws provision that requires they be located in hotels with
50 rooms or more. Large hotel chains with 50 or more rooms are unlikely to provide
adult entertainment within their facilities.
Richmond Hill permits 2 locations for adult entertainment and the areas are defined in the
licensing by-laws. These are older industrial areas. Like Orangeville, when the adult
entertainment l~acilities were proposed in the business parks such as Beaver Creek in
Richmond Hill, there was major opposition by the current businesses and industry in the
area. Similarly, North York excluded adult entertainment facilities from its business
parks stating that it is not compatible with the intent of these areas. As a result of the By-
law provisions in a number of these municipalities, many of their existing adult
entertainment parlours have become legal non-conforming uses. Many of the legal non-
conforming uses posed problems because there was inadequate distance separation from
adjacent incompatible uses.
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Ciiy of Niagara Falls ~4duB Entertainrnent and Body-Rub Parlour Study The Butler Group Consultants Ina & Keir Corp
The City of Kitchener does not licence adult entertainment facilities, but does regulate
their location under the Municipal Act. However, the body-mb parlours were receiving
many complaints from residents because of their proliferation in many residential and
commercial areas. In Kitchener, these facilities are licensed and regulated as to their
number and location. Currently there are 5 locations that are licensed and the City
intends to reduc, e the number oflicences to 2 by attrition. In addition, there are locational
criteria in the by-law, which have to be met for licence renewals. All of the existing
facilities meet the locational criteria, which include distance separations from sensitive
uses and a separation distance of 400 m from each other. This by-law was challenged in
the courts and upheld.
The distance separation used by a number of municipalities between adult entertainment
uses and residential uses and zones and other sensitive uses varies from 800 m in the City
of Mississauga to only 90 m in the former City of Etobicoke. Of the 18 municipalities
surveyed, six, including Richmond Hill, Brampton, Vaughan, Hamilton, Orangeville and
Georgina, used a distance separation of 500 m from residential zones and uses. St.
Thomas also passed a zoning By-law, currently under appeal, allowing adult
entertainment in Industrial zones if greater than 500 m from sensitive uses. Prior to
prohibiting thegn, adult entertainment parlours were permitted in North York's industrial
areas provided Lhey were not within 500 m of a residential use. This matter is now before
the courts.
Some of these municipalities also applied this distance separation from other uses and
zones considered as incompatible with or sensitive to the proximity of adult
entertainment facilities. The 500 m separation distance would appear to be the most
commonly used[ of the municipalities surveyed.
5.2 Body-Rub Parlours
The City of London has 14 licensed body-mb parlour locations, which it is reducing to 9
through attrition. London requires a distance separation of 100m from sensitive uses and
body-mb parlours are precluded in all residential zones. Richmond Hill has 10 body mb
licenses and they are required to be 500 metres or more from residential and sensitive
uses.
The City of Vaughan permits 20 body-mb parlour licences in two designated areas of the
City. The areas are zoned EM2 General Employment Area Zone, designated Industrial in
the Official Plan and are well removed from residential areas or other sensitive uses.
These areas are the same as those for adult entertainment parlours, required to be
separated by at least 1000m, not less than 500m from a residential designation or use and
at least 100 rn from arterial roads and Provincial highways. Adult videos are also
directed to these industrial areas. Other zoning provisions regulating body-mb parlours
include a maximum establishment size of 150 square metres, only one body- mb parlour
per lot, and a body-mb cannot exceed 15% of the GFA if located in a multi-unit building.
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City of Niagara Falls ,4dult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
The Town of Aurora permits 2 licences for body-rub parlours located in industrial
designations and zones with certain other locational restrictions including: not within
270m of certain high visibility roads and highways; not within 270m of a residential
zone, a school, a church and other sensitive uses; or within 170m of Restricted or
Prestige Industrially zoned lands.
Mississauga and Brampton treat all types of adult entertainment uses similarly, in that
none of these facilities can locate within 800m and 500m respectively, of residential and
other sensitive uses. Similarly, the Town of Oakville is currently updating its zoning by-
law and providing for adult entertainment parlours, body-rub parlours and adult videos to
locate within heavy industrial areas only. These are areas well buffered from residential
use. Even though it may be argued that there is a continuum of effects related to the
various types of adult uses ranging from adult books and adult video stores to body rub
parlours and adult entertainment facilities, municipalities are tending to treat them as
similar undesirable land uses to be separate and apart fi'om residential and other sensitive
uses.
5.3 Summary
Municipalities vary in their zoning provisions for adult entertainment and body-rub
parlours. Some municipalities permit them to locate in industrial areas, such as in
Vaughan and Richmond Hill, while Brampton and Kitchener considered the adult
entertaimnent facilities and body-rub parlours to be an appropriate use in the service
commercial or personal service category. The issue of accessory use to a restaurant has
posed some problems for municipalities whereby they are difficult to control in terms of
numbers, and to enforce in terms of the accessory component. Vaughan in its 1994 study
questioned the legality of the accessory use provision for adult entertainment parlours in
its zoning by-law.
Table 1 also describes some of the additional enforcement issues relayed by the various
police departments in the GTA, St. Thomas and London. The vice squads were
unanimous in their opinions that adult entertainment parlours attracted illegal activity,
which required additional police work. Drug trade and prostitution are the most common
illegal activities at adult entertainment parlours. These activities were seen as more of a
function of poor operators than of inappropriate locations, which are generally, although
not always, controlled through licensing.
Several adult entertainment parlours in the GTA were recently shut down for prostitution.
The police provide both responsive and proactive enforcement in regard to their activities
in checking the adult entertainment parlours. In Durham, the police are exploring ways
in which they can share in the revenue generation of adult entertainment licensing fees to
offset some of the enforcement costs. The cost of police enforcement in Durham is
considered to be largely disproportionate to the amount of assessment and employment
benefits generated by these establishments.
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
6.0 PLANNING CONSIDERATIONS
There are a number of planning matters to consider in the location of adult entertainment
parlours and body mb parlours. Where zoning regulates such uses they are often treated
as a nuisance use, separated from more sensitive uses and therefore relegated to industrial
or highway commercial locations. However, the issue of distance separation from
sensitive uses also has to be weighed against the appropriateness of concentrating these
facilities in an area that could affect the area's image and desirability. As previous
planning reports have stated, the public generally perceive an adult entertainment
establishment as an undesirable land use.
Adult businesses are generally destination oriented and drawing from areas beyond the
local neighbomhood or community. The size, nature, number and concentration of adult
businesses in un area or city could further affect the market characteristics of such
facilities.
The City of Windsor undertook an analysis of some of the planning related issues of
locating adult entertainment parlours and examined their relationship with other retailing
and commemial uses, residential and industrial area locations and downtown locations
(city image).
Retailing areas generally provide for mutually supportive and complementary uses in
order to enhance the strength and viability of the commemial area and in some instances
promote pedestrian traffic. Adult entertainment and body-rub facilities do not provide
this function and in the case of downtowns, where pedestrian traffic and image are
usually a concern, they can have the opposite effect. The provisions for adult
entertainment and body-rub uses to exclude views in from the street, can provide for a
'dead zone' in a retailing area. Again the high visibility areas such as gateways into the
City or the downtown core may not be appropriate locations for adult entertainment
depending on their 'visibility'. A Lundy's Lane BIA representative has expressed
concern over the potential clustering of adult entertainment uses in the Lundy's Lane area
including the existing and future impacts these uses have on the commemial and tourist
businesses in that area.
Residential areas and their complementary uses are the most sensitive to the location of
adult entertaimnent and body-rub facilities. Among resident concerns are the perceived
social and property value impacts. Although neighbourhood and community commercial
uses are usually located in or adjacent to residential districts, adult entertainment would
not be considered a community-based service or facility. The clientele are typically from
a much broader trade area than locally and there is then the introduction of non-local
traffic generation into the neighbourhood. In the case of Niagara Falls it would appear
that some of the adult entertainment and body-mb demand is generated from a much
larger regional trade area that is not typical of most cities, as the City attracts tourists
from an international market. The City of Niagara Falls attracts approximately 15 million
visitors annually.
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
Some municipalities have isolated adult entertainment uses in industrial areas where
there is the least impact on residential communities and associated community facilities.
In some instances, these facilities were located in these areas to service an identified
market. However, in some industrial areas, commercial uses are strictly regulated in
order to reduce potential land use conflicts and reduce property value escalations.
Generally most municipalities have chosen either industrial or service/highway
commercial areas for adult oriented facilities depending on local circumstances.
Commercial areas were considered by some municipalities to be frequented by large
numbers of families with children, and therefore, inappropriate locations for adult
entertainment facilities. Some municipalities restrict adult entertainment facilities away
from major arterials and highways because of the poor image they represent in these high
visibility locations. Orangeville's licensing by-law precluded adult entertainment
facilities from locating in the downtown commercial area because, like Windsor, it was
not consistent with the image, community character and aspirations for the downtown
area.
The Cities of Vaughan, North York and Richmond Hill found that the restricted and
prestige industrial zones, designed to accommodate higher quality industrial uses in a
business park setting, were not considered appropriate for adult entertainment parlours.
However, Riclunond Hill permits body-mb parlours to locate in Beaver Creek industrial
park, a more prestigious business park.
Generally, the range and intensity of impacts of 'live' entertainment are more
widespread. Depending on the hours of operation and size of facilities, it is also
acknowledged that the magnitude of nuisance impacts may be less for a body-mb parlour
than for an adult entertainment parlour. However, some municipalities are tending to
isolate all adult oriented uses away from sensitive uses and high visibility locations
regardless of the scale and magnitude of effects related to facility size and operations.
Niagara Falls provides for a differentiation of its industrial area into General, Light,
Heavy and Prestige designated areas. By design, the City has recognized the principle of
land use incompatibilities in its Official Plan and Zoning By-law by making provisions
for prestige industrial areas in the high visibility locations and in the closest proximity to
residential uses to act as a buffer from the heavier industrial areas.
To avoid concentration of uses, municipalities use their powers under the Planning Act to
separate adult entertainment facilities from each other by implementing a minimum
distance. In addition, distance separation is often provided between adult entertainment
uses and other sensitive uses and zones, such as residential, schools, day care and
churches. These provisions may also be set out in the licensing by-laws under the
provisions of the Municipal Act. Most municipalities in the United States prefer the
dispersion of adult businesses for reasons of reducing secondary negative effects and
have incorporated both distance separations from sensitive uses as well as from other
adult businesses and in some cases other establishments with liquor licences.
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
In its determination of appropriate locations for body-rub parlours, the City of Niagara
Falls, considered their proximity to sensitive uses, and adopted a distance separation of
100 m to a Residential zone, an Institutional zone and a number of community facilities.
Another criterion was to limit the size of these facilities and a maximum floor area of 300
square metres was introduced into the Zoning By-law. The most appropriate zones were
considered to be General and Tourist Commemial Zones for body-rub parlours, and
therefore, this use is restricted to these zones.
Although no guidance exists in the Niagara Falls Zoning By-law or Official Plan that
would assist the City in siting new adult entertainment facilities, a number of consistent
considerations have been applied in the review of proposals.
Various adult entertainment applications in the past (AM-35/92; AM-2/95; AM-10/99)
were recommended for refusal citing: proximity to sensitive uses; impact on commemial
areas and business, particularly in the CBD; high visibility locations; the emerging trend
to locate AEP's in industrial areas; or location within the central tourist core. In addition,
the locational by-law for adult entertainment has been amended as adult entertainment
facilities close :in the CBD.
In determining appropriate strategies for dealing with adult entertainment facilities one
should consider the following:
1. Land use compatibility
2. Minimizing disruption to existing and planned uses
3. Avoidance of concentrations of adult entertainment and body-rub parlours
4. Availability of sites
5. Social and economic impacts
6. Ease of enforcement/inspections
7. Clarity o f iuterpretation/certainty.
7.0 STRENGTHS AND WEAKNESSES
Adult entertainment parlours and body-rub parlours are generally perceived as
undesirable land uses by the public. The adult entertainment and body-rub licensing by-
laws would appear to be effective tools in controlling the location and number of adult
entertainment parlours in various municipalities. Some licensing by-laws are more
effective than others, since not all by-laws define the locations and numbers of licences,
but rather deal with issues related to operations, inspections, registration of workers, fees
and other administrative details.
Municipalities have mn into problems where the issue is not dealt with clearly in the
zoning. The zoning should provide a reasonably clear interpretation as to the use
permissions, standards and location of potential adult entertainment and body-rub
parlours in a municipality. This would give certainty to the existing and potential users
and it would reduce the possibility of potential conflict. Providing appropriate distance
separation from incompatible uses, thereby minimizing disruption, is a necessary
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Ina & Keir Corp
planning consideration when determining the appropriate zoning for adult entertainment
facilities and body-mb parlours.
In the instances where municipalities allow adult entertainment as an accessory use to a
restaurant or tavern, a proliferation of facilities may occur in concentrations with little
recourse should the municipality not have further limiting provisions or separation
distances established in an adult entertainment licensing by-law. Further, it gives little
certainty to businesses making investment decisions about their locations, capital
investments and so forth.
Ideally, the proponent, as well as the existing users, should have a degree of certainty
about the type and nature of the accessory uses that the zoning by-law might contemplate
and whether or not those accessory uses could negatively impact their own operations or
activities. Since there is no approval process involving public input into as-of-right uses
under the zoning, as is the case for accessory uses, opponents would have no opportunity
to object. Both the Official Plan and zoning by-laws, although at varying degrees of
detail, should provide the basis for certainty of land use, and therefore investment
decisions at the individual property level.
On the other hand, the Ontario Municipal Board has, in the case of London, dismissed a
proposal to regulate adult entertainment parlours on the basis of prescribing locational
criteria and then requiring a rezoning in each instance. This was considered to be
prohibitive. This would appear to be the way in which Niagara Falls is currently
operating.
Although there is some overlap between the zoning and the licensing, the locational
restrictions can be achieved with either. The difference would appear to be that licensing
offers the municipality the opportunity to revoke a licorice, subject to legal challenges,
for an existing facility where it cannot meet the locational criteria, whereas based on the
zoning, an existing use would be able to continue in a legal non-conforming capacity.
Experience indicates that once these uses are established, they are very difficult to
remove even on the grounds of illegal activity. The police work involved to collect
evidence for a closure, not including the court time, is substantial. It is important to
regulate adult entertainment facilities to minimize potential social and economic impacts
without being prohibitive.
8.0 SUMMARY OF NIAGARA FALLS SITUATION
8.1 Adult Entertainment Parlours
Adult entertainment facilities are located in four existing establishments. These locations
are regulated by by-law under the Municipal Act. No distance separation from sensitive
uses exists for adult entertainment parlours similar to that used for body-mb parlours, nor
are they regulated through zoning, as they are prohibited.
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. &Keir Corp
The City of Niagara Falls adult entertainment parlour licensing by-law does not stipulate
the number of licenses, however, the by-law regulating the locations effectively has the
same result. Two of the adult entertainment parlours are located in an area close to the
tourist core and in close proximity to residential areas and community services and
facilities in an older commercial strip. The other two adult entertainment parlours,
although located in less sensitive areas, are adjacent to future residential lands and
located in high visibility locations within tourist commercial areas in close proximity to
tourist accommodations and commercial campgrounds.
Criteria including high visibility locations, tourist commercial locations and locations in
or near the CBD have been used for the purpose of refusing adult entertainment
applications in the past. There is no indication of any of these non-conforming uses
disappearing as they have been operating for over 20 years in their existing locations.
Further there would appear to be demand to warrant four adult entertainment parlours as
this is the number that seems to have been operating continually for the past 20 years.
The existing situation and regulations have resulted in a clustering of adult entertainment
and existing and proposed body-rub parlours in the Lundy's Lane area, which could have
impacts on the future adjacent residential use, and existing business in the area.
8.2
Body-Rub Parlours
In Niagara Falls, body-rub parlours are regulated through licensing and zoning and are
limited in number (to 5) through the licensing. The zoning for body-rub parlours also
provides for distance separation (100 metres) from sensitive uses. Most of the existing
and proposed body-mb parlours are located in high visibility locations along major roads
in commercial and tourist commercial areas. Although they are separated from sensitive
uses by 100m they are not separated from each other nor are they separated from adult
entertainment parlours. This distance separation is smaller than a number of other
municipalities and may not be adequate to reduce off-site effects.
The Official Plan does not provide guidance for the location of body-rub parlours.
However the zoning recognizes the use, which is permitted in Tourist Commercial and
General Commercial Zones. The Licensing By-law allows for 5 licenses in conformity
with the Zoning. The illegal operations will need to be closed, because they cannot meet
the licensing and the Zoning By-law provisions. The four body-rub parlours exempted
from the Interim Control By-law are located on the west end of Lundy's Lane in close
proximity to one another and in the vicinity of two large; well established adult
entertainment parlours.
8.3 Issues
There are a number of issues that arise out of in the examination of adult entertainment
and body-rub parlours in the City of Niagara Palls, and they have been categorized under
the following headings.
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City of Niagara Falls ~dult Entertainment and Body-Rub Parlour Stud), Tile Butler Group Consultants Inc. & Keir Corp
8.3.1 Concentration
As previously mentioned the issue of concentration of facilities has resulted in two adult
entertainment parlours and four proposed body-mb parlour licences (three proposed
body-mb parlours) being located in close proximity to each other at the west end of
Lundy's Lane. Although there are few sensitive uses located in proximity to these sites
at the present time, the lands to the south are designated for Residential use in the
Official Plan and development is proceeding west in the City. The concentration could
have an impact on existing and proposed tourist commemial businesses in the area and
the future residential community to the south if not appropriately designed and buffered.
However, the size of the cluster of adult related facilities may cause an over
concentration of associated illegal activities which may be attracted to these facilities.
Further, an over concentration of facilities may also cause a compounding effect in terms
of becoming a regional draw of greater significant due to the scale of the area providing
such services.
Some municipalities have dealt with this issue by providing a distance separation among
fhcilities to avoid clustering. This could be achieved through introducing a distance
separation among like facilities and between adult entertainment parlours and body-mb
parlours if there appears to be a relationship between their locations. This would seem to
be the case in Niagara Falls, given the propensity to locate in this area of Lundy's Lane.
Also if more areas were considered for adult entertainment and body-mb parlours, it
would perhaps make available a wider variety of sites in different locations, such as
Industrial designations, provided they were separated fi:om sensitive uses.
Other municipalities have also dealt with this issue through limiting the number of
licences. However, in the case of Niagara Falls since there have been four adult
entertainment parlours for over 20 years, and several other applications in the interim, it
would appear unlikely that the number could be reduced. In addition, the number of
body-mb parlours was recently increased from 2 to 5. Recent experience would indicate
that there is a desire among body mb parlour establishments to locate in proximity to the
two adult entertainment parlours located on Lundy's Lane and possibly to locate in
proximity to each other. It is noted that some other municipalities have concentrated
adult businesses by default through the application of distance separations and
exclusionary zoning such they are concentrated in industrial areas. In reviewing this
issue, the City should clearly decide for the long term whether or not it supports a
concentration on Lundy's Lane or whether it should pursue another location.
8.3.2 Consistency
It is not clear that adult entertainment and body-mb parlours have been dealt with in a
consistent manner. Adult entertainment parlours are only regulated by licensing and not
through provisions under the Planning Act. No distance separations are required fi:om
sensitive uses for adult entertainment parlours as they are for body-mb parlours, even
though it is acknowledged that the impacts from adult entertainment parlours may be
more widespread. Adult entertainment parlours exist in Tourist Commercial and Minor
Commercial designations and Tourist Commemial and General Commercial zones.
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City of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants lnc.& Keir Corp
Similar locations attributes have been used as reasons for denying applications for other
adult entertainment parlours in the past. However, body-rub parlours are a permitted use
in the Tourist Commercial and Major Commercial zones. Adult entertainment parlours
are likely to have more off-site effects, due to such things as noise, parking and traffic
related to the size and nature of their operations, but are less restrictive in location than
body-rub parlours. The distance separation (100m) used from sensitive uses for body-rub
parlours may not be adequate to prevent impacts and is less than the distance separations
used by many municipalities.
It would appear that though consideration was given to other municipal approaches while
evaluating the suitability of proposed locations for new adult entertainment parlours in
Niagara Falls, ]locations in Industrial designations and zones was not pursued by way of
licensing, zoning or Official Plan policy for existing or proposed adult entertainment
parlours. Similarly Industrial zones were not considered for body-rub parlour locations
due to the limitation set out in the Official Plan's land use policies. A possible Official
Plan amendment to permit body-rub parlours in Industrial designations was perceived, at
the time, an impediment to the expeditious introduction of body-rub regulations for the
City.
8.3.3 Public Policy
The lack of policy in the Official Plan directing adult entertainment and body-rub
parlours leads to an ad hoc approach in reviewing and evaluating applications. This leads
to challenges that are difficult to defend in the absence of policy direction about
performance or locational criteria to provide guidance.
The location of the existing and proposed adult entertainment and body-rub parlours is
not entirely consistent with the public policy fi-amework established for these
designations in the City's Official Plan. Further the regulation and expansion of legal
non-conforming uses should be articulated with regard to adult businesses.
8.3.4 Enforcement
There are enforcement provisions under the Planning Act and under the Municipal Act if
the Zoning or Licensing By-laws are contravened for particular uses. Adult
entertainment parlours and body-mb parlours are governed by both licensing and zoning.
However, the regulation is largely dictated by the level of enforcement. The number of
illegal body-mb parlours would suggest that enfomement is an issue to close such
establishments that have operated illegally.
Licensing is a powerful tool to regulate the actual operations of the activity as opposed to
the land use.
The municipality has the power to control site plan matters, signs, access, egress,
landscaping m~d other matters that could reduce intrusions and compatibility with
adjacent uses. These are considerations that can effectively provide for a less visibly
intrusive situation along a major street or gateway locations within a tourist location.
21
City of Niagara Fails/ldult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
9.0 OPTIONS
All of the following options could also include provisions to strengthen the regulation of
adult entertainment and body mb parlours through licensing under the provisions of the
Municipal Act. Increased fees, licensing of entertainers, prohibition of touching and
enclosures, hours of operation are some of the many particulars that can be regulated
through licensing. Inspection and enforcement of licensing then becomes key to its
successful implementation.
Option #1: Status (guo
This option involves the City continuing the practice of allowing four adult entertainment
parlours in their existing locations as legal non-conforming uses and continuing to
regulate operations through licensing. Locations could be deleted from the by-law as
licenses lapse in order to reduce the number of adult entertainment paflours. Body-mb
parlours would be limited to 5 licences, four of which are in the Lundy's Lane area, one
existing and three proposed. Existing licensing regulates the operations.
Advantages:
· The existing adult entertainment parlours have been in existence over 20 years
and there may be a degree of acceptance with these facilities in their existing
locations
· Existing licensing by-laws to regulate operations, inspections and enforcement
· The future residential area adjacent to the Lundy's Lane concentration can be
planned in advance to minimize disruption from the existing and proposed
adult entertainment and body-mb parlours in this location
r)isadvantages:
· There is an existing/proposed concentration in the Lundy's Lane area, an area
of high visibility, tourist accommodation and adjacent to future residential use
· There is no indication any of the existing adult entertainment licenses will
cease in their current locations
· Since there are no permissions in the zoning or Official Plan, new applications
for adult entertainment parlours are treated on an ad hoc basis and can easily
be challenged
· Inconsistent treatment of adult entertainment parlours and body-mb parlours
· Lack of no touching provisions on the licensing by-law, does not limit the number of
stages, hours of operation are very liberal in line with liquor licensing hours or operation,
registry system is used instead of licensing entertainers, fees are likely low relative to the
costs of administration and enforcement.
Option #2- Add Distance Separation Buffers and Relocate through Licensing
A minimum distance separation from residential uses and zones and other sensitive uses
would be consistent treatment of adult entertainment parlours with body-mb parlours.
Given the size and character of the adult entertainment parlours, an increased distance
22
Ciiy of Niagara Falls Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants Inc. & Keir Corp
separation of greater than 100 metres could be justified to minimize land use conflicts
and separate incompatible uses.
If locational criteria were included in the adult entertainment licensing by-law, licences
that do not meet the criteria would not receive licenses and would have to relocate to
areas that meet the criteria. Depending on the distance separation used (up to 500m
would be reasonable) and the areas left to qualify for locations the use would also be
permitted in the, Zoning by-law. Adult entertainment locational criteria may also consider
restrictions to areas of the City based on policy objectives as outlined in the Official Plan
or in certain high visibility locations such as along major roads and at 'gateways'. The
number of aduR entertainment licenses should be stated in the licensing by-law.
It is not recommended at this time that the distance separation from sensitive uses be
increased for body-mb parlours given the currency of the regulatory regime for these
facilities. Given the character and scale of these facilities, there is less likely to be land
use impacts from these facilities to sensitive uses. However, the City may want to
consider a distance separation between facilities and also between body-mb parlours and
adult entertaimnent parlours in order to avoid a clustering and thereby ensure that the
scale and character of the body-mb parlours does not change through an over
concentration in one location.
Advantages
Reduce the potential adverse effects on residents, families and community
facilities
· Will reduce the impacts of clustering of adult entertainment and body-mb
facilities
· Future proponents will know in advance what uses are permitted in the
industrial area, creates some certainty in the Zoning by-law
· Can provide for appropriate signage, parking standards specific to the use
· Licences are not renewed for facilities that cannot meet the locational criteria
of the licensing by-law without Council permission
· Proposals can be evaluated in terms of locational criteria.
Disadvantages
· May reduce the potential sites to only a few if large distance separations are
used both among and between the adult entertainment and body-mb parlours
and from sensitive uses and therefore considered prohibatory in terms of
providing locations for 4 adult entertainment parlours and 5 body-mb parlours
· Adult entertainment facilities have operated in their existing locations without
attempts to relocate them for over 20 years
· If a number of the licences are located as a result of locational criteria in
employment/industrial areas it could be a deterrent to new business attraction
in those areas and may impact existing business
· There is no basis for reducing the number of adult entertainment or body-mb
parlour licences
· There may be legal implications resulting from this option.
23
Ciiy of Niagara Fails Adult Entertainment and Body-Rub Parlour Study The Butler Group Consultants lnc, & Keir Corp
Option #3- Provide for Alternative Locations for Adult Entertainment Parlours
And Body-Rub Parlours as Licences Expire
The existing adult entertainment parlour locations would remain legal non-conforming
but Official Plan policies and zoning by-law provisions would be changed to provide new
locations taking into account locational and performance criteria as licences expire in the
existing locations. The Official Plan may also need to address the issue of expansion of
legal non-conforming uses related to adult entertainment. In addition, the zoning
provisions could be amended to examine the possibility of industrial zones for body-mb
parlours to provide a wider choice of sites that would reduce the impacts of clustering
under the existing land use regime. Due to the number of licenses it may still be desirable
to have distance separations among all adult entertainment and body-mb parlours to
avoid undue concentrations. The exact distance separations from sensitive uses and from
other adult businesses would have to balance the assessment of impacts to sensitive uses
and adjacent businesses with the availability of sites to relocate the number of permitted
licences should they expire at their existing locations.
Advantages:
· Existing licensed adult entertainment parlours could be relocated to less
sensitive areas as operations close over time
· Could reduce the impacts of clustering if more sites were available in
suitable locations and if a distance separation was used among adult business
· Licences are not revoked on the basis of locational criteria which may avoid
lengthy legal challenges
Disadvantages
· Existing locations have been operating for over 20 years and may not close
even over the long term affecting future residential areas
· The existing adult entertainment and body mb parlours are protected by legal
non-conforming status
· May impact the industrial area in terms of attracting new investment and
employment if seen as an undesirable land use in the area.
10.0 SUMMARY
There are a number of strategic options as discussed above. We would be pleased to
meet with Council to answer questions regarding these options and an appropriate course
of action for the City of Niagara Falls.
24
with Body Rub Padours and AEP Locations
Figure 1
Planning & Development
2001
Schedule A to the Offical Plan
Future Land Use
Zoning By-Law 79-200
with Body Rub Padours and AEP Locations
Figure 2
Development
Onawfl By: File:
The City of
Niogara Falls IIJ.,~
Corporate Services Department
Planning & Development
4310 Queen Street
P.Oi Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih planning@city.niagarafalls,on.ca
July 16, 2001
Doug Darbyson
Director
PD-2001-56
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-56, Zoning By-law Amendment Application
AM-13/2001, South Side McLeod Road, East of Alex Avenue
Proposed Long-Term Care Facility
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law Amendment application to add a
nursing home as a use on the lands located on the south side of McLeod Road, east of Alex Avenue.
THE PROPOSAL:
The applicant, Mady Development Corporation, has requested an amendment to the Zoning By-law to
permit the construction of a 96 bed nursing home on lands located on the south side of McLeod Road, east
of Alex Avenue(see Schedule 1.). Schedule 2 illustrates the proposal. The lands are zoned Tourist
Commemial (TC) in accordance with By-law No. 79-200. The amendment proposes to add a nursing
home as a permitted use within the existing TC zoning.
CIRCULATION COMMENTS:
Information regarding the application was circulated to City departments, several government agencies
and the public for comment. Comments received to date have raised concerns regarding the location of
the westerly driveway access and the building location which are discussed below.
Municipal Works
The McLeod Road/Marineland Parkway corridor is currently
being studied with respect to transportation requirements. The
cost of any road improvements will be apportioned to the
developable properties according to their share of the trip
generation.
CledVs
gForking Together to Serve Our Community
Finance · Human Resources Information Systems · Legal
Planning & Development
July 16, 2001 - 2 - PD-2001-56
An investigation by a civil engineer is required to determine if
the building has to be reallocated so that it can be serviced by
the sanitary sewer on McLeod Road.
The applicant will have to pay the cost of the construction of a
1.Sm wide sidewalk across the frontage. Cost is $7,800.00.
Parks, Recreation & Culture
No comments.
Building & By-Law Services
No comments.
Fire Services
No comments.
PLANNING REVIEW:
The following is a sununary of Staff's assessment of the application:
1) Official Plan
The proposal satisfies the policies of the Official Plan respecting residential development
within commercially designated lands. The subject lands are designated Tourist Commercial
in the Official Plan, and are located at the southwest periphery of the Fallsview Subdistrict. The
Fallsview Subdistrict is envisaged to develop with upscale accommodation, attractions,
entertainment and retail facilities with development at the periphery reduced in height in order to
respect the scale and character of surrounding land uses and to minimize adverse impacts on
residential areas. In addition, residential uses are permitted by Zoning By-law amendment where
'Tourist Commercial lands are in excess of demand, subject to criteria discussed below.
/he applicant is proposing a 96 bed nursing home. The building is approximately 37,000 sq. ft.
in area and is two storeys in height. As shown on the site plan, Schedule 2, the building has
generous setbacks from the residential lands along Alex Avenue, with the parking lot and loading
area situated away from thc residences. Given the proposed building and site design, the nursing
home use meets the applicable official plan policies in the following manner:
Adverse impacts on residential lands have been minimized. The site plan illustrates that
the building is setback at least 60 feet from the residential land uses. The parking lot is
removed from the adjacent houses and the loading area is located on the east side of the
building. Staffhave received a letter from a resident on Alex Avenue which states that the
building should bc located closer to McLeod Road with thc parking lot situated in the rear
in order to preserve the stand of trees on the lands. Having parking areas located close to
residential lands has historically been a problem. Complaints are received regarding noise,
lighting, fencing damage (due to snow ploughing) and other concerns. In reviewing site
plans, staffendeavour to have parking located as far as possible from residences. By having
the building situated as shown, the parking is located next to the commercial lands and will
assist in screening the residences from the impacts of the parking area. In order to preserve
the trees as much as possible, a tree preservation plan should be prepared by the applicant
as part of the site plan review process.
July 16, 2001
- 3 - PD-2001-56
The proposed development should not have a detrimental impact on surrounding
commercial development. The surrounding TC lands are currently vacant and can be
developed in accordance with the provisions of the Zoning By-law. Commercial/residential
land use interfaces can be problematic if not treated properly. Given the building location
and setbacks, it is unlikely that the use and site design will result in adverse impacts on the
development of the abutting lands. Screening and landscaping aiong the mutual property
lines must be designed to ensure that the residents of the nursing home have adequate
privacy and a pleasant living environment. Details of thc landscaping and fencing will be
determined during site plan review, however, the applicant should contact the abutting
landowners with respect to fencing details and the timing of its construction.
The density of the development is compatible with surrounding land uses. The City's
planning documents do not prescribe any density provisions for institutional developments.
The prescribed density for walk-up apartmcnt/townhouse development is 20 units/acre in
residential areas. The proposed nursing home will be of an equivalent scale of
development. The nursing home has a lesser intensity of development than a motel or hotel
which could be erected. Accordingly, the nursing home could serve as a good intervening
use bet~veen the detached dwellings to the west and future tourist development to the east.
The proposal does not hinder traffic patterns. The traffic generation of the proposed
nursing home will be significantly less than what could be expected from almost any of the
TC uses that are currently permitted. As such, the proposal should not hinder current traffic
patterns. Regardless, the McLeod Road/Marineland Parkway corridor is currently under
study by the Region and the City regarding transportation requirements. Should this study
reveal the need for road improvements such as turning lanes or traffic signals, the costs will
be apportioned to each development.
2) The Requested Amendment
The requested amendment is appropriate for the proposal. The applicant proposes to retain
the land's TC zoning and add a site specific provision to include a nursing home as a permitted
use. Nursing homes are normally permitted within the Institutional Zone. In this instance thc
applicant has requested a mixed use zone whereby the TC zone will be retained with a provision
for a nursing home added. Staff accept to this approach as a site specific by-law will govern the
development of the nursing home. The standards contained within the site specific by-law are
higher than those found in either the TC or I Zones. The by-law does not restrict building height;
as such the standard TC regulations regarding building height (40 feet / 4 storeys) will prevail.
Council should note that the by-law is on tonight's agenda at the request of the applicant.
3) Site Plan Agreement Issues
A site plan agreement with the applicant will be required. A tree preservation plan, as noted above,
will be required of the applicant. The abutting landowner to the west has raised concerns with the
west entrance to the subject lands as it may conflict with its development. The west entrance to
the subject lands can easily be eliminated without any loss in efficiency. Lastly, storm sewers will
have to discharge to a drainage ditch east of the subject lands. This will have to be done by either
an extension of a storm sewer along McLeod Road or through an easement through the abutting
lands to the east. These issues plus fire access, landscaping and other site design criteria will be
addressed during site plan review.
July 16, 2001 - 4 -
CONCLUSION:
The requested amendment can be supported for the following reasons:
PD-2001-56
The proposal is in keeping with the scale and character of surrounding development.
The proposal will not have any adverse impacts on adjacent residential lands.
']'he proposal will not detrimentally affect the development of abutting TC lands.
The proposal provides for adequate landscaping and setbacks for privacy and creation ufa pleasant
living environment.
A site plan agreement will address landscaping and service/access matters.
Resl~tfully submitted: .
Edward p. L.ult~// XX~
Chief Administrative Officer
Recommended by:
Darbyson
tor of Planning & Development
Approved by:
~"~Executi~e Director of Corporate Services
JB:lp
Attach.
S 5PDR~2001 ~PD2001-56.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Part of Parcel 1-I, Section 59-4
Part of Lots 5 & 6, Registered Plan 737 (N.K.A.4)
Designated as Parts 1, 4 & 5 on Plan 59R-5702
Former Township of Stamford, now
City of Niagara Falls
AM- 13/2001
Applicant: 687876 Ontario Ltd. c/o Harold Kersey
I :NTS
SCHEDULE 2
Mc LEOD
ROAD
S/T£ Pt,~N for PROPOSED
9G BED NURS/NG ~fOME
ON PARTS 1,4 & 5 PLAN 5gR-67~2
in fhe CI~ OF NIA~RA FALLS
Date: JUNE ~ 2001
Area = 1.$38 Hectares
BuildinK Area = 3,464 am
B~iidlng CoveraKe =
~ndscape Open Space = 15160
~ndxeape Cove~a~e = G~
ParklnK $~aHs Hro~ded=6G
~pjca] Park/nK S~a] SJxe '=
VACANT
DON & MARLENE SPECK
7348 ALEX AVENUE
NIAGARA FALLS, ONTARIO
L2G 7V1
JUNE 22, 2001
CITY OF NIAGARA FALLS
4310 QUEEN STREET
NIAGARA FALLS, ONTARIO
L2E 6X5
ATTN: DIRECTOR OF PLANNING AND DEVELOPMENT
CITY FILE # AM-13/2001
I AM WRITING WITH REGARDS TO THE NEW CONSTRUCTION OF A TWO
STOREY, 96 BED NURSING HOME, MCLEOD ROAD AND ALEX AVENUE,
NIAGARA FALLS.
WITH THE NEW CASINO MOVING CLOSER TO OUR RESIDENTIAL AREA,
MARINELAND EXPANDING AND THE ALREADY CONGESTED TRAFFIC ON
MCLEOD ROAD, IT COMES TO A SURPRISE THAT A NURSING HOME
WOULD BE CHOSEN FOR THIS LOCATION. BEING THE FIRST
HOUSE BUILT ON ALEX AVENUE, IT IS NO SURPRISE THAT THIS
LAND WOULD EVENTUALLY BE DEVELOPED AND A NURSING HOME
VERSUS A TOURIST ATTRACTION RANKS PRETTY HIGH.
MY CONCERN ilS AS FOLLOWS:
THERE ARE ONLY 18 - 20 RESIDENTIAL HOMES ALONG ALEX AVENUE
AND DEERBROOK AFFECTED BY THIS DEVELOPMENT. IT IS MY
REQUEST TO KEEP THE MATURE TREES AND TREELINE, PRESERVE
THE FORESTRY AND ALLOW US TO CONTINUE HAVING THE PRIVACY
WE HAVE HAD SINCE 1989.
IF IT IS AT ALL POSSIBLE, RE-POSITON THE BUILDING CLOSER TO
MCLEOD ROAD WITH THE PARKING IN THE REAR OR SIDE GRASS AREA
AS PER YOUR SCHEDULE 2 AND LEAVE THE TREE LINE PROTECTED.
I WOULD VERY MUCH LIKE TO TO BE PART OF THE SITE PLAN
APPROVAL MEETING. I CAN BE REACHED AT WORK DURING THE DAY
AT (905) 358-3985 OR AT HOME EVENINGS (905) 358-6794.
THANK YOU.
COPY:
SINCERELY,
MARLENE SPECK
SHIRLEY FISHER
4266 LYONS CREEK ROAD
NIAGARA FALLS, ONTARIO
L2G 7B4
pLANNING
& DEVELOPMENT
The City of
Niagara Falls
Cana~,,~,~l~
PUBLIC MEETING NOTICE
ZONING BY-LAW AMENDMENT APPLICATION
CITY FILE: AM-13/2001
PURSUANT TO THE PROVISIONS OF THE PLANNING ACT
You are invited to attend a public meeting where City Council will consider au application
to amend Zoning By-law No. 79-200. The meeting will be held on:
Monday, July 16, 2001 at 6:00 p.m.
in the Council Chambers, City Hall, 4310 Queen Street.
The amendment is requested for a 1.93 hectare (4.76 acre) parcel of land located on the south side
of McLeod Road between Alex and Ailanthus Avenues, as shown on Schedule 1. The amendment
is requested to permit the construction cfa two-storey, 96 bed nursing home. Refer to Schedule 2
for details of the development.
The land is currently zoned Tourist Commercial (TC). Site specific zoning provisions are requested
to be added to the TC zoning of the land to permit the proposed development.
The meeting is being held to inform you about the application and to provide you with an
opportunity to express your views. Your comments may be given verbally or as a written
submission. Written comments should be submitted to the Director of Planning and
Development, City Hail, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 prior to July
11, 2001. Please refer to City File AM-13/2001.
The'comments you provide, as well as the report of City staff, will help Council make a decision
on the application. Council may ask for revisions to the proposal or attach conditions to its
decision. If you wish to be notified of the adoption of the proposed amendment you must make a
written request to the Director of Planning & Development.
If you disagree with Council's decision on the application, you can appeal it to the Ontario
Municipal Board (O.M.B.). However, under the terms of Ontario's Planning Act, if you have not
expressed your views at the public meeting or sent in your written comments before the proposed
zoning by-law is adopted, the O.M.B. may dismiss all or part of your appeal.
A copy of the Planning and Development Department's Recommendation Report on the application
wilt be available after 4:00 p.m. on July 13, 2001.
-2-
Additional information related to the application and the proposed amendments may be obtained
from the Planning and Development Department, second floor, City Hall, between the hours of 8:30
a.m. and 4:30 p.m. or by telephoning the department at 356-7521, extensiori 4107.
This notice is dated at Niagara Falls, Ontario this 15th day of June 2001.
Attach.
Doug Darbyson
Director of Planning & Development
S 5ZON INO'~oM S~2001 ~Am- 13',,No~.ice.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Part of Parcel 1-1, Section 59-4
Part of Lots 5 & 6, Registered Plan 737 (lq.K.A.4)
Designated as Parts 1, 4 & 5 on Plan 59R-5702
Former Township of Stamford, now
City of Niagara Falls
AM- 13/2001
Applicant: 687876 Ontario Ltd. c/o Harold Kersey
I:lq'rs
SCHEDULE 2.
Mc LEOD
ROAD
CRt~S
SITE P/MN for Pt~OPOSEO
96 BED NURSING HOME
ON PAR~ 1,4 ~ 5 P~N 59R-5702
i~ the Cl~ OF ~IA~A FALL~
Dote: JUNE ~ 2001
~rea = ~.~ Hectares
BuHdin~ Area = ~464 sm
~ndscape O~en Space = 12180
landscape OoveraKe ~
Park~nK S~alls Provided=66
~pical Parkin~ S~al Size =
I RECEIVED'I
I pL.ANHiHo ' I
Ju~ 2,2001
Mr. Doug Darbyson
4310 Queen St.
Niagara Falls, On
L2E 6X5
Attention: Doug Darbyson
RE: City File AM-13/2001
We have no objection to this proposal; however we do have some concern with respect to
how the development will impact the potential of our lands.
We are requestfin4~ that the approval of this project shall have no effect on any regulations
within section 8.6 Tourist Commercial Zone (TC Zone) and including supplementary
regulations in conjunction with TC Zone.
At this time our concerns are that any front, side or rear mum set backs, shall not be
affected and that the properties are and shall remain under "TC" Zone regulations.
Also requested that maximum lot coverage, maximum height of building or structure and
maximum floor area not be affected by this approval. It is further requested that at
anytime of future development of remaining properties that any requirements for the
purpose ofnoiso, privacy or any other need shall be provided by the owners of the
Nursing Home. The owners of the Nursing Home shall absorb any costs associated for
this requirement.
We feel that our requests are reasonable and fair in that the remaining properties are and
will remain as "TC" Zone and the remaining properties are not the ones requesting the
amendments.
Sincere
Sam B. Carrera
Niogoro Follsll~
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 planning@city.niagarafalls.on.ca
July 16, 2001
Doug Darbyson
Director
PD-2001-58
His Worship Mayor Br. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2001-58, Zoning By-law Amendment Application
AM-12/2001, 3470 Sinnicks Avenue
Proposed Community Building Use
RECOMMENDATION:
It is recommended that Council approve the application to add a community building and respite
facility as a use in the existing building at 3470 Sinnieks Avenue.
THE PROPOSAL:
The applicant, Niagara Training and Employment Agency Inc., has requested an amendment to the Zoning
By-law for the lands known as 3470 Sinnicks Avenue (see Schedule 1). The applicant proposes to utilize
the existing building, the Donald L. Reilly Centre (formerly M..L. Townsend School), for a community
building use and a respite centre. Refer to Schedule 2 for further detail. The activities, which involve a
variety of educational and social functions, are all services provided by the applicant for children and
adults with developmental challenges and their families. The attached letter provides further explanation.
The proposed use is already operating in the building with the exception of the respite facility. The
District School Board of Niagara was allowed to use the property for educational purposes under the
Public Services clause in the Zoning By-law. The amendment is required because the applicant does not
meet the definition of a public service and because of the respite component. The respite facility would
essentially provide for limited overnight accommodation for not more than ten individuals so that care
givers can have a break from attending to their needs.
CIRCULATION COMMENTS:
Information regarding the application was circulated to City departments, several government agencies
and the public for comment. Comments received to date have raised no concerns with the proposal.
Working Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems Legal Planning & Development
July 16, 2001 - 2 - PD-2001-58
PLANNING REVIEW:
Staffhave reviewed the application and can recommend approval based on the following analysis.
1) Official Plan
'rhe proposal is within the general intent and purpose of the Official Plan. The subject lands
are designated Residential in the Official Plan. Ancillary uses such as recreational and community
facilities, schools, churches and other institntionai-type uses are permitted within residential areas
where they are compatible with the surrounding environment. Tests for compatibility involve the
nature and characteristics of the proposed use, the location of the site and site design (eg. building
and parking location, setbacks, screening, etc.).
The nature and characteristics of the proposed use are similar to the previous use as
a school. As noted above and in the attached letter from the applicant, the activities
conducted are essentially educational and social in nature, serving both children and adults
with developmental challenges. The respite program provides overnight accommodation
for brief periods (not more than 10 days) and as such, will not serve as permanent or long
term residence. Such programs are sometimes offered by nursing homes and long term care
facilities to provide relief to care givers and provide social need.
The site is located on Sinnicks Avenue, a collector road which is expected to carry
moderate volumes of traffic through the area. Institutional-type uses should be located
more toward the periphery ora residential area with ready access to arterial roads so as to
minimize traffic disturbances. The site fronts on Sinnicks Avenue which provides direct
access to Thorold Stone Road. The traffic generation of the proposed uses would not be
dissimilar to that of the previous school use and should not result in any increase in traffic
generation.
The existing building character will be retained. Compatibility between the school and
the surrounding houses has been achieved over time. No additions are proposed through
this application.
2) The Requested Amendment
The requested amendment is appropriate for the development. The subject lands are zoned
Residential Single Family (R1C). The proposed uses are not permitted under the R1C zoning. The
applicant has requested that the community building and respite facility uses be added to the R1C
zone, site specifically, as permitted uses within the existing building. The request is appropriate
for the proposal. Council should note that the amending by-law, which is on tonight's agenda at
the applicant's request, will limit the proposed uses to the existing building only. Any future
additions to the existing building would require another rezoning.
'The City currently leases the rear portion of the land for a soccer pitch. The recreational use of this
iproperty will be maintained.
July 16, 2001 - 3 -
CONCLUSION:
The application is recommended for approval for the following reasons:
The proposal conforms with the general intent and purpose of the Official Plan.
PD-2001-58
The proposal is similar to the previous school use and is .compatible with the surrounding
residential area.
· The requested amendment is appropriate for the proposed uses.
Prepared l~y:
John Barnsley
Planner 2
Recommended by:
oug Darbyson
irector of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
JB:lp
Attach.
Respectfully submitted:
S:kPDR~2001 ~PD2001-58.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
3470 Sinnicks Avenue
Part of Township Lot 60
Former Township of Stamford, now
City of Niagara Falls
AM-12/2001
Niagara Training & Employment Agency Inc.
1 :I,ITS I
]HEDULI~ z
JUL 0
'~i ~.NNING
JUl I't
JUL. 10.2001 ~1: 05AM CMRP TOROMTO MO. 9~0 F'. 1
Canadian pmpri~t~s
National ferroviaite$ du
Railway Canadien
Properties Inc, National inc.
277 Front Street West
floor 8
Toronto, Ontario
MSV2×7
Telephone: (416) 217-6961
Facsimile: (416) 217-6743
277. rue Front ouest
8~ 6tage
Toronto (Ontario)
MSV 2X7
T~l~hone: (416) 217-6961
T6i~copieur: (416) 217-6743
Vt'A FACSZMZLE - (905) 356-2354
3uly 9, 2001
Hr, Doug Darbyson
Director of Planning & Development
City' Hall, City of Niagara Fails
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Hr. Darbyson:
Your File:
Our File:
AM-12/2001
TZq500-N-0~
Re: Proposed Zoning By-law Amendment Application
3470 Slnnlcks Avenue - ..
~/e have reviewed your leLter dated 3une 15, 2001 regarding the above noted application and have
the following commentS:
1. We recommend that the Owner engage a consultant to undertake an analysis of noise and
provide abatement measures necessary t~ achieve the maximum level limits set by the
Minlst:ry of Environment.
We request receiving notice of the Amendment being approved ..' '. '~:
Should you have any further questions, please do not hesitate to contact the undersigned
(416)217-696L
Yours truly,
I~[~"pment Review COOrdinator
JUL { e 7°0\
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-maih planning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-62
July 16, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2001-62, Zoning By-law Amendment Application
AM-09/2001, Calaguiro Estates - Phase 2
Applicant: Kybala Ventures Inc.
Agent: Conlin Associates Limited
RECOMMENDATION:
It is recommended that Council approve the requested amendment to the Zoning By-law for the
undeveloped portion of Calaguiro Estates as detailed in this report to provide site specific R1A
standards for lot area, lot frontage, interior side yard width, minimum floor area, provision of
garages and an EPA zoning category for a woodlot/sloped area.
PROPOSAL:
The amendment is requested to provide special land use regulations to guide the construction of dwellings
within the undeveloped portion ("Phase 2") of the Calaguiro Estates registered plan of subdivision (59M-
92). This plan is located north of Mountain Road and on the east side of Dorchester Road as shown on
Schedule 1. The existing street pattern and lotting of the subdivision are shown on Schedule 2. The
majority of the site is currently zone R1A - 10 (Single Family Residential) with special provisions for
increased lot frontage 1130 metres/98.4 feet) and lot area (2,000 square metres/0.49 acres). The section of
the subdivision bordered by Calaguiro Drive and Christine Court is zoned R1A - 504 (Single Family
Residential). This zoning requires a minimum lot frontage of 28 metres (91.9 feet), minimum lot area of
1,500 square metres (0.37 acres) and additional provisions for building setbacks, lot coverage, dwelling
floor areas and garages.
The applicant has requested new zoning standards apply to the entire Phase 2 of the subdivision. Instead
of the R1A-10 category, the applicant proposes a minimum lot frontage of 28 metres (91.9 feet) and a
minimum lot area of 1 ,,500 square metres (0.37 acres) which is the same as the R1A-504 category which
applies to a portion of the site. In addition, the standard R1A requirements will be increased to a minimum
interior side yard width of 3.0 metres (9.84 feet), minimum dwelling floor area of 170 square metres (1,830
square feet) and to provide a minimum 2 vehicle garage.
}Forking Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
July 16, 2001 - 2 - PD-2001-62
BACKGROUND:
This subdivision was registered in 1981. Dwellings have been constructed on all 38 lots in the first phase
of the plan fronting on January Drive and Carmella Place. Phase 2 consists of 60 undeveloped lots and
is approximately 20.24 hectares (50 acres) in area. In the Fall of 1999, the previous owner of the land
submitted a zoning amendment (AM-28/99) to decrease the lot size requirement for a portion of Phase 2.
Homeowners in the subdivision identified several areas of concern. Following a series ofneighbourhood
meetings, modified zoning standards were adopted (R1A - 504, By-law 2000-74) affecting lots 82 through
93. These zoning lot size requirements are the same as the abutting Rockcliffe Estates development. As
part of the existing Calaguiro homeowners acceptance of the rezoning, the developer and resident group
entered into a private agreement respecting a proposed future redesign of the vacant subdivision land and
zoning standards.
Through discussions on this earlier rezoning, City staff indicated that the park originally planned within
the subdivision (part of Block 99) was no longer required given the extensive open space available at
Fireman's Park and the future redevelopment of the Mountain Road landfill site. This municipal land is
proposed to be declared surplus and sold for residential use with the proceeds intended to go toward
developing a playground at Fireman's Park.
In January 2001, the prospective purchaser of Phase 2 of the subdivision met with several area residents,
the Mayor and City staff. The current applicant's representatives discussed their plans to develop the
subdivision with the existing street pattern and lot sizes and also the application of architectural and
construction material controls. City staff indicated that the parkland is proposed for sale and to be
incorporated into the plan with an extension of Domenic Crescent. A summary of the meeting was sent
to all Calaguiro Estates residents.
CIRCULATION COMMENTS:
Information on the requested zoning amendment was circulated to City departments, the Region, agencies
and the public for comment. The following summarizes the comments received.
Regional Planning
No objection to the application. The proposed zoning standards
appear compatible with the built portion of the subdivision.
The Region noted previous comments on AM-28/99 regarding
noise attenuation and stormwater management requirements.
Noise and vibration attenuation measures respecting the CN
Railway line are necessary before any development in Phase 2
of Calaguiro Estates.
Municipal Works
No objection to the proposed zoning standards. The land Can be
serviced and specific requirements will be addressed through a
new subdivision agreement for Phase 2.
Parks, Recreation & Culture No objection to the rezoning. Advise that negotiations for the
disposal of the City's parkland in the plan are ongoing.
July 16, 2001 - 3 - PD-2001-62
PLANNING REVIEW:
Various matters were considered in assessing the zoning amendment. Based on this analysis, approval of
the requested zoning standards is recommended with the addition of environmental protection zoning in
a small area of the plan. The review of the application is summarized as follows.
The proposal meets the general intent and purpose of the Official Plan.
The subject land is designated Residential in the Official Plan and borders the Urban Area Boundary and
Niagara Escarpment Plan Area. There is a CN Railway line and rural land use to the north, residential uses
to the south and east, and a major open space area to the west. The original Official Plan Amendment to
designate the land Residential was partially based on the desire for estate-type lots that would enhance the
area adjacent to the Niagara Escarpment. The application proposes additional zoning standards on the land
to assist in creating an estate-quality residential development.
The proposed new zoning standards will be compatible with surrounding development.
Phase 1 of the subdivision developed with standard R1A regulations except for increased lot frontage and
lot area requirements. Individual private covenants/agreements on the land were established to control the
development. In some cases, variation between the different covenants and informal design standards
reportedly caused concern among the homeowners. The municipality is not involved with enforcement
of private covenants. The requested zoning amendment would place specific land use regulations in the
by-law for the municipal review and approval of building plans and enforcement. In addition, the
increased standards for sideyard setbacks, minimum floor area and provision of a minimum 2 vehicle
garage should result in residential development that is consistent with Phase 1 and Rockcliffe Estates.
A special provision concerning the definition regarding streetline frontage is proposed to correct a
technical interpretation pertaining to the original approval and registration of the subdivision plan in 1981.
The purpose of the requirement is to avoid narrow street frontage lots. There are 7 lots located on cul-de-
sac bulbs in the subdivision affected by this definition, however, these large lots satisfy the intent of the
by-law.
The woodlot area at the east boundary of the plan is proposed for special zoning.
Steeply sloped land and a treed area exist along the rear portion of lots on the southeast side of Catharine
Crescent. This area extends into the adjacent Neighbourhoods of St. David's subdivision. Environmental
Protection Area zoning was applied in the abutting subdivision and staff propose this same zoning
classification at the rear of lots 26, 27 and 28. Building setbacks from this EPA zone boundary will be
imposed but the lots maintain a sizeable area for dwelling construction.
Part of Block 99 within the plan is intended for future residential development.
As previously noted, the City plans to declare Block 99 surplus and sell the land for residential use. A
required stormwater management area will occupy a portion of the property. Development of the land is
to be integrated and compatible with the existing lots in the subdivision. The preliminary design of this
July 16, 2001 - 4 - PD-2001-62
block allows for a stormwater area and up to 6 new estate-size lots which would have to comply with the
zone standards proposed. The method of dividing the property for future development has not been
determined.
CONCLUSION:
The requested zoning regulations are appropriate and should provide for the compatible development of
Calaguiro Estates Phase 2. The increased standards for sideyard setbacks, dwelling floor area and 2
vehicle garage will be consistent with surrounding properties and maintain the estate character of the
subdivision. The environmental zoning of the woodlot area will help protect this sensitive feature and is
an extension of zoning; in the abutting plan. Future estate~size residential lots are intended for the City
owned land within the subdivision previously set aside for a neighbourhood park. The changes to lot
frontage and lot area requirements will accommodate these future lots and associated minor property line
shifts, otherwise, the p~an is to develop as currently registered.
Richard Wilson
Planner 2
Respectfully submitted:
Edward P. Lusting
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
Attach.
S:~PDRX200 I~D2O0142.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Part of Calaguiro Estates Subdivision (59M-92)
Part of Township Lots 5 & 16
Former Township of Stamford, now
City of Niagara Falls
Applicant: Kybala Ventures Inc.
AM-09/2001
1 :N-I'S
SCHEDULE 2
I
I
Date:
To:
June 29, 2001
PLANNING AND DEVELOPMENT DEPARTMENT
REGIONAL AND PROVINCIAL
COMMENTS
Mr. D. Darbyson, MCIP, RPPv~
Director of Planning & Development
Planning Department
City of Niagara Falls
Re: Zoning By-law Amendment
JUL 0 5 2001
LANNING
ii & DEVELOPMENT
File No. D.10 M.11.23
Special Land Use Regulations (Calaguiro Estates Subdivision)
Calaguiro Drive, east of Dorchester Road, City of Niagara Falls
Your File No. AM-0912001
Hearing Date: July 16, 2001
Proposal:
This amendment proposes to provide new zoning standards for the lot
area, lot frontage, dwelling setbacks, lot coverage, minimum dwelling floor
area and parking/garage requirements within the underdeveloped portion
of the Caiaguiro Estates Phase 2 registered plan of subdivision. The
proposed revisions could provide additional flexibility for a minor relotting
of the subdivision in the future pursuant to the removal of part-lot control.
The proposed revisions appear to be compatible with the built portion of
the Calaguiro Estates.
REGIONAL REVIEW
Regional Policy Plan: Urban Area
Regional Public Works: Reler to Public Works Comments.
Regional Public Health: Not Applicable
Additional Comments:
PROVINCIAL REVIEW
Based on available information, this proposal affects/does not appear to affect the interests of the
following Provincial Ministries:
INTERESTS INTERESTS
AFFECTED NOT AFFECTED
Ministry of Agriculture, Food & Rural Affairs [] []
Ministry of Citizenship. Culture & Recreation [] []
Ministry of Environment [] []
Ministry of Municipa! Affairs & Housing [] []
Ministry of Natural Resources [] []
Additional Comments: Noise altenuation and CNR requirements
RECOMMENDATIONS
[]Based on our review, Regional Planning Staff have no objection to the approval o! this application.
]The following are additional comments or conditions of approval:
Attached is a copy of Regional Planning staff comments on AM-28/99 regarding noise attenuation and
stormwater man~gement requirements. These comments remain relevant in considering the current
zoning a Tent AM-09/ .
Eric Conte ,y~Senior Plan~er~ "
Development Implementation Services / Please send notice of Council's decision·
Copy to: /
Councillor W. Smeaton Mr. W. Slevens. Regional Public Works
3550 Schmon Parkway P.O. Box 1042 - Thorold Ont. L2V 4T7 - Phone 1905) 984-3630 FAX (905) 641.5208
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
2:ZO1 St. David's Road, P,O. Box 1042
Thorold, Qntario L2V 4T7
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-Mail: plan@regionaL niagara.on.ca
November 3, 1999
File: M.11.27
Mr. Doug Darbyson
Planning Director
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mr. Darbyson:
Re:
Proposed Zoning By-law Amendment
Relotting Part of Calaguiro Estates
Calaguiro Drive - Christine Court
City of Niagara Falls
Your File: AM-28199 (BLS Plannin,q Associates Inc.)
This application proposes the relotting by Part Lot Control exemption of part of the undeveloped
portion of the Calaguiro Estates subdivision. The change proposes reduced lot sizes. Future
revisions by way of a new draft plan of subdivision are contemplated to the remaining land in the
subdivision.
From a Regional Planning perspective, we are not opposed to the approval of this application and
revisions to the subdivision by way of Part Lot Control exemption. This change will increase the
lotting mix in this neighbounhood and is, therefore, consistent with the Regional Policy Plan's
housing policies.
From a Provincial review perspective, the Subdividers Agreement registered for the Calaguiro
Subdivision included noise and vibration attenuation measures in accordance with a noise study
that was prepared for the subdivision and CNR's requirements. No special noise or vibration
reduction features was required for proposed dwellings on ~he lots betng reconfigured through
Part Lot Control (lots 15 to 18 and 82 to 96). A clause in the agreement, however, requires that a
berm or combination berm and noise attenuation fence be completed to the satisfa~on of the
CNR pdor to any development occurring in "Stage I1" of the subdivision, which includes these lots.
The berm/fence is to be constructed along the northerly subdivision boundary and to the rear of
lots 2, 3, 25, 26 and 27 of the registered plan and is to be 5.4 metres above the top of the nearest
rail.
It would, therefore, appear that development of these lots could only occur after the noise barrier
noted above is completed to CNR's satisfaction as this requirement is registered on title.
Agreement ofthe CNR and an amendment to the Subdividers Agreement would be necessary for
any changes to this requirement. This may require the submission of a new/updated noise impact
study.
2
A storm drainage/management plan was approved for the Calaguiro Estates. The requirements
of that plan for the lots to be reconfigured should be addressed through the Part Lot Control
process. In addition, if not previously included in that plan, appropriate erosion and sediment
control measures should be undertaken. Pdor to the City passing an exemption by-law, we
request an opportunity to provide input with respect to these requirements.
From an aedal photograph and a recent site visit, there appears to be only scattered trees and
scrub on the proposed reconfigurad lots. As such, the Regional Tree Conservation By-law w~uld
not apply to those lots. We note for information, however, that the treed slope between the
existing developed lots on January Ddve and the undeveloped lots on Christine Court is more
densely vegetated with mature trees. The By-law applies to woodlots greater than 0.5 acres in
size in urban areas and, therafora, may regulate tree cutting in that area. As there ara no
changes to the subdivision in that area, the applicability of the By-law should be assessed when
individual building permit applications are made.
Finally, with respect to the future changes proposed to the remainder of the subdivision, we have
some preliminary comments for information. We understand that a new draft plan will be
submitted to the City for these changes, which involve a road redesign, smaller lot sizes, a
relocated park/open space area and a storm water management facility. Through the City's
circulation of a new plan, the issues of noise and vibration impact and stormwater management
should be re-examined. Also, the raquiraments of the Regional Tree Conservation By-law and
the interests of the Niagara Escarpment Commission should be considered.
In conclusion, Regional Planning staff is not opposed in principle to the relot'dng proposed through
the Part Lot Control exemption process and, as such, we have no objection to this rezoning. It is
understood that the above noted noise attenuation raquiraments set out in the Subdivider's
Agreement and stormwater management requirements will be addressed through the exemption
process.
Please send notice of the City's decision on this application.
Yours truly,
PB/jju
C:
Councillor W. Smeaton, Regional Municipality of Niagara
Ms. B. Ryter, Environmental Planner, Ministry of Environment
Ms. K. Fraser, Engineering and Environmental Services, CN Rail
Mr. M. KJlian, Planner, Niagara Escarpment Commission
Mr. D. Cherdngton, Regional Public Works
The City of
Niagara Falls JJ~,,~Jl~
I -
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2001-57
July 16, 2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls,, Ontario
Members:
Re:
PD-2001-57, Official Plan and Zoning By-law
Amendment, AM-20/99
Policies for Testamentary Devise Parcels
RECOMMENDATION:
It is recommended that Council authorize staff to process the revised Official Plan amendment
policies and corresponding zoning provisions for a public meeting on September 10, 2001.
BACKGROUND:
On September 13, 1999, Council held a public meeting concerning City proposed Official Plan policies
for testamentary devise parcels as contained in Report PD-99-98 (Attachment 1). That report outlined
the problems associated with testamentary devise lot creation and proposed policies which would allow
development of lots having 3 acres area and 200 ft. frontage. The goals of the policies were to provide
some flexibility where none exists now, to encourage lot amalgamation to create larger, better configured
estate sized lots and to reduce the impact of unplanned strip development.
Council received a letter of objection, prior to the scheduled public meeting, from Tom Richardson
(Sullivan, Mahoney) who represented numerous owners oftestamentarydevise parcels. He cited various
reasons why the policies should not be supported. Council deferred making a decision so that staffcould
review the correspondence received and meet with Tom Richardson and Rick Brady, the solicitor and
planner for the objectors. Mr. Richardson's comments as well as other comments received are provided
as Attachment 2.
Over the last year, staff met on numerous occasions with Mr. Richardson and Mr. Brady representing
those lot owners objecting to the draft policies. After considerable discussion with these representatives,
as well as the Regional Planning and Development and the Health Services Departments, consensus was
reached that key revisions could be presented to the lot owners for discussion. Mr. Richardson presented
the negotiated revisions to the owners he represented, however, the modifications negotiated were not
accepted by the owners and they requested their representatives cease negotiations. The key revised
policy refinements are as follows:
~Forking Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
July 16, 2001 - 2 - PD-2001-57
I. Official Plan Amendments
Mr. Richardsc,n originally objected to the draft policies presented September 13, 1999 because
of a requirement for amendments to the Regional Policy Plan in order to develop parcels which
did not comply with the proposed lot size requirements. The Region has conceded that a
Regional Policy Plan Amendment will not be required, therefore, this policy requirement has
been deleted. A local Official Plan Amendment will be required to develop parcels with less
than a 2.5 acre lot area and 200 feet lot frontage. The policies are designed to ensure proper
pla~ing occurs to minimize environmental and land use compatibility conflicts and improve lot
size and configuration.
2. Consistency
One of the main objections to the policies cited by the opponents was that the policies were
discriminator3, because other rural lots were not subject to the same criteria and the proposed
amendment did not apply to all testamentary devise plans.
The draft policies focussed on minimizing the adverse effects of multiple lots. The testamentary
devise reference plans, by their nature, include an unplanned concentration of parcels thereby
creating the potential for impacts to be magnified. Current, planning policies do not provide for
multiple lot development without amendments to planning documents, proper justification and
appropriate studies. Existing land use policies require that farm related severances must go
through a planning review to ensure impacts are minimal. Even estate residential development
currently envisioned by the consultants under the Willoughby Land Use Study would require a
minimum 2.5 acre lot size and appropriate review to ensure environmental and land use
compatibility issues are addressed. Therefore, it is staff's belief that the policies are being
applied consistently.
The four testamentary devise reference plans which were previously excluded from the draft
requirements are now included. All testamentary devise plans are subject to the policies. A map
showing the location of all the testamentary reference plans is provided as Attachment 3.
3. Grandfathering Clause
Those parcels which currently comply with the existing lot configuration requirements of the
zoning by-laws for the former Townships of Willoughby and Crowland will be "grandfathered"
to comply with the new policies and zoning provisions provided they are not within
Environmental Protection Areas (eg. wetlands and floodplains) and comply with the Minimum
Distance Separation Formula of the Agricultural Code of Practice. These lots would also be
subject to all of the requirements under site plan agreement. Therefore, development rights
already conferred by zoning will not be removed through this process.
July 16, 2001 - 3 - PD-2001-57
4. Revised Lot Size
The September 1999 draft policies for testamentary devise parcels proposed lot sizes of 3 acres
area and 200 feet of frontage. This has now been revised downward to 2.5 acres and 200 feet
frontage as a result of discussions. The difference in the number of testamentary devise parcels
which could develop between 2 and 3 acres is minimal (Attachment 4). The 2.5 acre size
requirement is consistent with the minimum size requirement for estate residential development
currently being recommended by the Willoughby Land Use Study consultants, and will provide
for the long term functioning of septic systems. An important component of this lot size
configuration is the 200 feet of frontage which helps to ensure better configured lots are
assembled with a reduction in strip development on major roads.
Attachment 5 outlines the new zoning provisions which would be incorporated into the by-law.
5. Site Plan Agreement Requirements
To address environmental protection and land use compatibility issues site plan agreements
would be required. These agreements would address lot grading and drainage plans;
hydrogeological study and master drainage plans where there are groupings of 6 or more parcels
under 2.5 acres in size; Environmental Impact Studies to develop on parcels adjacent to
Environmental Protection Areas; warning clauses to indicate lots could be subject to nuisances
in the form of odour; dust and noise from either existing or future agricultural operations; and
the promotiont of abutting driveway entrances between two lots to reduce traffic impacts
associated with multiple driveways along arterial roads.
CONCLUSION:
In addition to the above revised policy refinements, key policy objectives remain in place. The policies
provide opportunities for land severances (subject to specific criteria) to assist in both amalgamating
parcels efficiently, creating better configured parcels, and eliminating interior parcels which do not front
on an improved road. Attachment 6 provides illustrations on how each reference plan could change
through severance and amalgamation and implementation of the other proposed policies as well to
provide development opportunities not currently available.
The original policies satisfy the Minimum Distance Separation Formula of the Agricultural Code of
Practice (distance separation from livestock barns due to odour) and preclude development of lots so
affected. The Regional Planning and Development Department has calculated the distances from
neighbouring livestock barns and the parcels affected are identified specifically on the concept plans
attached as Attachment 6. The zoning by-law will have a provision to ensure all parcels comply with
this requirement. It is possible for calculations to be revised based on specific data or the removal of
bums.
July 16, 2001 - 4 - PD-2001-57
The refinement of the policies result in an approach which represents good planning, attempts to address
broad public interest and provide for development opportunity. The next step is to proceed to a full
Public Meeting under the Planning Act.
David Heyworth
Planner 2
Respectfully submitted:
Edward P. Lustig
Chief Administrative Officer
Recommended by:
~r~DDOUg Darbyson
irector ofPlalming & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DH:am
Attach.
S:~PDR~001~PD2001-57.wpd
(PD-99-98)
Attachment l
(Excerpt)
o
Z
0 0
Attachment 3 ~c~o,
NIclgc~ro Rills
Testamenta~ Devise Plans
LEGEND
Attachment 5
Draft Zoning By-law Provisions
Minimum Lot Area
Minimum Lot Frontage
2.5 acres
200 ft
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yard
66 ft. (20 m)
50 ft. (15 m)
15 ft. (4.5 m)
Maximum Lot Coverage
Maximum Height
10%
35ft. (10.67 m)
Maximum of one dwelling per lot.
Accessory buildings to be located in the rear yard only.
All buildings must be accessory to a house located on the property.
All structures to be situated a minimum of 15m fi.om the bank of any creek
EPA designated areas in Official Plan receive protective zoning.
S:~Dra~tBy-lawProv,wpd
Attachment
7 4
3
2
1
Legend
Possible Lot Configuration
Regional Storm Area
Existing Lot Lines
®
Scale 1:3000
50 0 50 1 O0
metres
Cad Road
Not Affected by Proposed Policies
March 2001
T3
Planning & Development
A achment 6i
~7~P --
Relotting Based on Policies
Legend
Possible Lot Configuration
Exisitng Lot Lines
Proposed Golf Course
Regional Storm Floodplain
Permit Issued
Approximate Location of
Wetland Boundary
T-4
Plannit &
2001
i Attachment 6.
~"[~~~Legend
Rexinger Road
Relotting Based on Policies
Scale 1:3000
T-6
Planning & Development
BYOD DRAIN
~BD
Client:
T-9
,.,=w~ k Relotting Not Based on Policies Planning & Development
_Attachment 61
Ridge Road
1
2
3
4
5
6
7
8
9
t0
tl
Legend
Possible Lot Configuration
Regional Storm Area
Existing Lot Lines
Scale 1:4000
50 0 50 100
metres
Not Affected by Policies
T10
Planning & Development
Maroh 2001
, ,tta ~' /, '///K '~" '1///,
~ ; '1/////, ~. '~//~-~~C~//l~~<'//~
, ~/////,. ~, ~ ~
c,o.~ T - 11
Planning & Development
~1~ Relotting Based on Policies
March 2001
I Attachment 6
r"'"'l P°~:lee~t ~Onfig:ra~OiO~ - ~-'"~
T-13
~f~-" ~ Planning & Development
~ Reloffing Based on Policies ~:
Mar~ 2001
Attachment 6
^\
!
Legend
Possible Lot Configuadion
Existing Lot Lines
Appox~mate Floodplain
Building Permits
Notes:
Grandfathedng of
Parcels
Most parcels 3
acres, 200ft. frontage
Willoughby Road Extensions
Options Not Applicable
T-14
&
File:
Not Affected by Proposed Policies
March 2001
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
July 16, 2001
Doug Darbyson
Director
PD-2001-59
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls Ontario
Members:
Re'-
PD-2001-59, Zoning By-law Amendment Application
AM-34/2000, 4674 Ferguson Street
Proposed Private Club For The Canadian Corps, Unit 104
RECOMMENDATION:
It is recommended that Council:
1)
pass the amending by-law for a proposed private club at 4674 Ferguson Street and, prior to
the passing of the by-law, determine by resolution, in accordance with section 34(17) of the
Planning Act, that the change proposed to the by-law after the holding of the public meeting
will not require the giving of any further notice; and
2)
receive, for information purposes, the update contained in this report regarding the
environmental assessment of the property.
BACKGROUND:
1. The Amending By-Law:
On October 16, 2000, Council approved the application for a proposed private club use within the
existing building at 4674 Ferguson Street, on the southeast comer of Dyson Avenue. The
amendment requested that a private club be added, site specifically, as a permitted use to the
current Light Industrial (LI) and General Industrial (Gl) zoning of the property. Given that the
property is located on the south side of Ferguson Street, it forms part of the transition from
industrial uses to the residential uses on the north side of Ferguson Street. As such, zoning the
entirety of the lands LI would remove the split zoning and place the lands under one category. The
uses of the LI zone will provide for a transition to residential lands further north and are more
compatible with the proposed club use.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal Planning & Development
July 16, 2001 - 2 - PD-2001-59
The amending by-law has been drafted so as to re-zone the lands LI, with a site specific provision
that permits the private club use. The applicant concurs with the amending by-law. However, as
this is a change to the by-law subsequent to the public meeting, Council has to pass a resolution
that the change will not require the giving of any further public notice.
2) Environmental Assessment Update
The approval given on October 16, 2000 was conditional upon the satisfactory remediation of the
contaminated soils on site. The applicant is seeking a Site Specific Risk Assessment (SSRA) for
the property which was one of the options outlined in the Conor Pacific report for the City.
Accordingly, the applicant hired the environmental consulting firm of Jagger Hims to undertake
the SSRA. The assessment concludes the following:
Air quality testing within the building for the presence of formaldehyde has shown that
levels are below Health Canada exposure guidelines.
123 light ballasts were found that contained PCB's. These ballasts have been disposed
of in accordance with Ministry of Environment (MOE) guidelines.
A soil investigation has confirmed an earlier assessment that there are contaminated soils
on the property. It is recommended that the parking lot, where the contamination exists,
be paved so as to virtually eliminate the percolation of stormwater and the migration of
the contaminants through the soils.
The owner is currently working with the Ministry of the Environment for confirmation of the SSRA. Due
to the length of time that is required for MOE acknowledgement of an SSRA, the applicant has requested
that the amending by-law be brought forth at this time so that they may be able to occupy the building by
September. The City requested that an independent peer review of the Jagger Hims environmental
assessment be performed to ensure the study was completed satisfactorily to provide the necessary
assurances to the City. Peer review was conducted by Brady and Associates which has accepted the Jagger
Hims report. Because of this, staff are agreeable to bringing the by-law forward at this time for approval.
CONCLUSION:
That Council proceed with the passing of the zoning by-law provided it is satisfied change
proposed to th{,' by-law is minor.
The site plan agreement with the City should be amended to require that the lot be landscaped and
paved within 1 year.
That the SSRA be registered on title in accordance with provincial requirements once the necessary
MOE acknowledgment is received.
July 16, 2001
Planner 2
Recommended by:
0o(Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director o f Corporate Services
JB:am
-3-
Re~. lly sub~m7 ~
~ h~l'we a;a~ ~)l~l~ui::il ~ v~O ffl c er
PD-2001-59
S 5P DRY2001 ~PD2001-59.wpd
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
July 16, 2001
Doug Darbyson
Director
PD-2001
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
Re: PD-2001-61, Release of Agreement
Beaverdams Road (Southwest side) Rodilio & Rita Recine
It is recommended that Council pass the by-law to release an agreement between the City and
Rodilio & Rita Recine, dated June 17, 1987 and registered as Instrument Number 502052.
BACKGROUND:
As a condition ora 1987 land severance, Rodilio & R/tn Recine entered into an agreement with the City
requiring that several acres of their land with fi'ontage on Beaverdams Road be developed through a
registered plan of subdivision. This agreement was to protect the residential development potential of
the rear land and possible requirement for street access along Beaverdams Road. In 2000, the Recine
Court Draft Plan of Subdivision (File 26T-11-2000-02) and 2 severance applications (B19/2000/NF &
B20/2000/NF) on the Recine's land were approved subject to conditions. The integration of these
proposals with the development to the west is satisfactory and a connection is not planned to Beaverdams
Road in this location. The 1987 agreement is no longer necessary to safeguard future development. A
by-law authorizing the release of the agreement is included in tonight's agenda.
R/chard Wilson
Planner 2
Recommended by:
~Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
RW:am
V52001COUNCILX2001 07 16XPD2001-61.wpd
Edward P. Lustig ~
Chief Administrative Officer/
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
MEMO
TO:
FROM:
DATE:
RE:
KEN BURDEN, DIRECTOR OF FINANCE
CITY OF NIAGARA FALLS
HARRY OAKES
CHAIRMAN, CLIFTON HILL B.hA.
JUNE 14, 2001
CLIFTON HILL B.I.A. 2001 LEVY REQUEST
At our board meeting held April 10, 2001, the enclosed budget was approved
and we request the City of Niagara Falls levy the Clifton Hill B.I.A. members for a
total budget of $104,500.
Should you have any questions please do not hesitate in contacting myself at
357-5911.
2001 Approved Budget
Advertising
Attractions Coupon Book, Brochure, Bus Bench, Fireworks
Maintenance
Sidewalk Repairs, Tree Maintenance, Festival of Lights
Police Pay Duty
Miscellaneous
Insurance, Audit, Tax Reserve, Miscellaneous Expenses
$65,600.00
10,000.00
2O,000.00
9,000.00
Total Budget
JUL
June 27, 2001
Mr. E.C. Wagg
City Clerk
City of Niagara Falls
4310 Queen Street, Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Wagg:
Further to a discussion between yourself and Bryan Morris, our Business Development
Manager earlier today, I would like to provide you with the following information.
At our last General Membership / Board of Director's Meeting (Tuesday, June 19th,
2001), the position of Secretary-Treasurer was split into two (2) positions. I would
therefore advise that the Executive Committee of the Fallsview BIA is as follows:
Chair: David Jovanovic, Lincoln Motor Inn
Vice-Chair: George Yerich Jr., Skylon Tower
Secretary: Albert Zappitelli, Sheraton Fallsview Hotel & Conference Cemre
Treasurer: Nancy Mclntosh, Best Western Fallsview
Should you require further information and / or clarification, please do not hesitate to
contact me at your convenience.
Yours truly,
..... Daw-Td-Y6~'~h~ lc, Chak
Fallsview BIA
5400 Robinson ~freet 2nd Floor · Niagara Falls, Ontario · Canada. t2G 2~,6
Tel: 905358.7999. Fax: 905.358.9974
wwdalhviawbia.com
NIA~A
OFFICE OF THE REGIONAL CLERK
The Regionsl Municipality of Nia§ara
2201 St, David's Road, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: (905) 695-1571
Facsimile: (905) 685-6243
E-Mail Address: rhollick@regional,niagars.on,cs
June 21, 2001
Mr. E. C. Wagg
City Clerk
City of Niagara Falls
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Sir:
Notice of Appfication for Exemption under
The Retail Business Holidays Act for
Zehrs Market, 6940 Morrison Street
City of Niagara Falls
Our File: C.00.0005.RBHA1-2001
The Regional Municipality of Niagara is in receipt of an application for exemption
under the Retail Business Holidays Act. The firm of Zelinka Priamo Ltd. has
submitted the application on behalf of their client, Zehrs Markets, 6640 Morrison
Street, Niagara Falls.
The applicant is seeking an exemption based on the tourism criteria. The holidays
for which the exemption is being sought are for Victoria Day, Canada Day and
Labour Day.
It is anticipated that the application for exemption will be considered following the
public meeting scheduled for Regional Council's Committee of the Whole session
on August 16, 2001.
If you would please circulate the application to your municipality's appropriate
departments and your Council and provide our office with any comments, for or
against the application, by July 23, 2001.
pLANNING M~ETtNG JU
-2-
City of Niagara Falls
RBHA Exemption - Zehrs Markets
Our File: C.00.0005.RBHA1-2001
June 21, 2001
Notice in local papers will appear at least 30 days prior to the public meeting
inviting any comments or representations by the public and concerned agencies. A
staff report with any comments received in respect to the application will be
provided to Regional Council for the public meeting on August 16, 2001.
If there are any questions you, staff or councillors may have concerning the
application, please feel free to call me at 685-1571, ext. 3409.
Yours truly
Gary D. AtaY
Deputy Clerk and
Corporate Records Manager
GDA/sp
Attachment
J:\nf-rbhazehrs
THE ~EGIONAL MUNICIPALITY OF NI~G~tA
&ppLICATXON FOR TOURISM EXEMPTION
RE HOLIDAY OPENINGS
The undersigned hereby applies to the council of the Regional
Municipality of Niagara for an exempting by-law under subsection 4(1) of
the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30.
If more than one person carrying on retail business is represented in
this application, please list information for each on a separate page
and attach to form.
Pursuant to the Regulations under the Act, an application relating to a
retail business establishment that on days other than holidays normally
uses & total area of 2,400 square feet or more for serving the public or
normally has four or more employees serving the public shall be made
only by that retail business establishment.
(PLEASE PRINT OR TYPE AND ADD EXTRA PAGES, IF NECESSARY)
PART I - APPLICANT INFORMATION
1. Type of applicant {please check one):
one or more persons carrying on retail business in the
Regional Municipality of Niagara
an association, whether or not incorporated, representing
persons carrying on retail business in the Regional
Municipality of Niagara
a council of a local municipality
2. Name of Applicant: ! oh[aw Prnp~di~ I imit~d (7~hrc ~rU~tc)
Mailing Address of Applicant: 22 St. Clair Avenue 5asr, 2nd Floor
Toronto, Ontario M4T 2S5
(519~ 967-2567 ~ax No.: (416)960-6949
Telephone No. of Applicant:
Applicant's Authorizp~ Agent
(to whom all'correspondence
will be sent):
Mailing Address:
Telephone No.:
Zelinka Priamo Ltd.
1240 Commissioners Rn~d ~b~t R.it,= ?(3R
London, Ontario N6K 1C7
(519) 474-7137 ]Fax No.: (519) 474-2284
4. Location of Retail Business Establishment
Municipal Address 6940 Morrison Sfr~t
Street Number, Municipality
Ni.__a9ara Falls, Ontario
L2E 7K5
5. If you wish the exemption to apply to one or more classes of retail
business establishments, please define and specify the classes:
Commercial - Food Store
Total No. of sql. Ft. normally used for serving the public: 82,000
Total No. of Employees normally serving the public: 194
PART II - TOURISM CRITERIA
Tourist attractions are limited to:
a) natural attractions or outdoor r~creational
attractions;
b) historical attractions; and
c) cultural, multi-cultural or educational
attractions.
lithetwo (2) kilometre restriction set out in the Regulations to the II
Act does not apply to a retail business establishment located in a II
local municipality within the Region of Niagara, having a population~
of less than 50,000
1. Is business located within two kilometres of a tourist attraction?
Yes
If yes, describE: the nature of tourist attraction:
Little ¥~dding Chapel
Niagara Falls Brewing Company - Microbrewery offering tours and sampling
Putt Putt Golf and Games - Mini golf and arcade
Super Putt - Award winning miniature golf course
Vincor International - Canada's oldest winery (winery tours)
Describe nature of direct association with the tourist attraction
-or reliance on tourists visiting the attraction for business on a
holiday.
Tourism isa m~orindustryinthecityupon which a m~orpodion ofZehr'ssalesis based,
Where the application involves a business that on days other than
holidays normally uses a total area of 2,400 square feet or more
for serving the public, or normally has four or more employees
serving the public, please outline the goods or services provided
primarily to tourists.
Pharmaceutical services, 1-hour photo developing, prepared meals to ~1o, express
Checkouts, books and magazines, children's toys and clothes, dry-cleaning services,
Pet supplies party and gift and flower, candle, card and wine shops,
a)
b)
This section relates only to applications to grant
e×emptions ~
In what local municipality is it located?
Describe subject area (in words):
c)
d)
(Please attach a map or sketch)
How many businesses are included in this application? __
Are all the retail business establishments in the described
area within two kilometres of the tourist attraction?
e)
f)
g)
Does the area exceed that necessary to encompass all of the
retail business establishments for which an exemption is
sought?
If not, explain how it does not:
How many of the businesses are directly associated with the
tourist attraction or rely on tourists visiting the tourist
attraction for business on a holiday? (Regulations to the Act
require at least 25% of the businesses)
If application is submitted by an association, describe
briefly the purpose of the association, the area and type of
businesses it represents.
P~RT III - GENERAL
Indicate which holidays, and which specific times or specific
number of hours you wish to be open on those holidays:
Victoria Day CnnadaDay;InhnurDay npRn Dam 9:00 nm tn R'8~ pm
2. Is request seasonal in nature, e.g. summer months only?
YES X NO
If yes, what time period is sought?TOUris(sessOn-vi¢(OFiaQa¥(hrUtO
Labour Day
3. What is the justification in relation to the seasonal nature, if
any, of the tourist attraction, for the time period sought in the
exemption?
Thetime period mentioned has beentraditionally known ~"touriataeason"in Niagara
Falls.
Is request related to a speclal event? Yes No X
(NOTE: A retall business establishment may be exempted for up to
five holidays a year during which a fair, festival or other special
event (but not solely a parade) is being held in that municipality.
For what holidays is exemption being sought?
Describe special event, duration and time of year.
Indicate how 'the exemption would, if granted, be for the
maintenance or development of tourism and briefly identify other
material submitted with this application that supports this
conclusion:
Allowing Zebra to open on the requested summer holidays wOuld only fudher
enhance Niagara Falls as a premier tourist destination, as it provides a wide range of
se~ices located in a convenient and a~ractive location.
What justification is there for the opening of the retail business
establishment(s) on holidays in light of the principle, stated in
the Retail Business Holidays Act, that holidays should be
maintained as common pause days?
The summer holidays are generally associated with travel and tourism, whereas the
remaining holidays are more oriented around ~mily functions. Given the nature of
this area, Niagara Falls is highly visited throughout the year and especially through the
summer months, whether retail businesses remain open on statuto~ holidays or not.
As the requested holidays are not held as common pause days within Niagara Falls
because of the large tourist population, allowing Zehrs to open would not change the
amount of activity going on over the holidays, but would make the holidays more
convenient for tourists and local residents.
- 5
EXECUTION BY APPLICANT
Michelle Goertz of the City
London in the Countv
of
of Middl~w do solemnly declare that all of
the statements contained in this application are true and I make this
solemn declaration conscientiously, believing it to be true and knowing
that it is of the same force and effect as if made under oath and by
virtue of the Canada Evidence Act.
Declared before me at the City
of London
County
of Middlesex
, in the
( Appl i6~T[t)
this 11th
day of June , 2001
A Commissi[ner, etc.
F.~iresMach28,2003. APPOINTMENT OF ~UTHORIZED AGENT
See attached letter of
Authorization.
I/We,
of
application.
Witness:
Date:
hereby appoint
to act as my/our authorized agent in this
Signed
(Applicant)
NOTES:
It is required that the original application be filed with the
Regional Clerk, together with appropriate documentation,
accompanied by a cheque in the amount of $750, made payable to:
THE REGIONAL MUNICIPALITY OF NIAGARA
This fee will cover the following:
- publication costs
- legal costs to review applications
- administrative costs i.e. printing, mailing
Applications are to be filed at the Clerk's Department, the
Regional Municipality of Niagara, 2201 St. David's Road, Thorold,
Ontario, L2V 4T7 to the attention of the Regional Clerk (685-1571).
This application and any by-law passed by the Region are
subject to the provisions of the Retail Business Holidays. Act.
It is strongly suggested that Applicants contact their
solicitor with respect to the provisions of the Act.
It is preferred where possible that applicants submit a proposed
exemption by-law 'with their applications.
Each application must be accompanied by a scaled plan or map of the
area covered by the proposed by-law showing:
(a) the retail business establishment(s);
(b) the tourist attraction; and
(c) the scale of the plan or map enabling the distances to be
measured.
THE REGIONAL HUNICIP~LIT¥ OF NIAGARA
APPLICATION FOR TOI~RISH EXEMPTION
RE HOLIDAY OPEMINGB
The undersigned hereby applies to the Council of the Regional
Municipality of Niagara for an exempting by-law under subsection 4(1) of
the Retail Business Holidays Act, R.S.O. 1990, Chapter R.30.
If more than one person carrying on retail business is represented in
this application, please list information for each on a separate page
and attach to form.
Pursuant to the Regulations under the Act, an application relating to a
retail business establishment that on days other than holidays normally
uses a .total area of 2,400 square feet or more for serving the public or
normally has four or more employees serving the public shall be made
only by that retail business establishment.
(PLEASE PRINT OR TYPE AND ADD EXTRA PAGES, IF NECESSARy)
~ART ! - APPLICANT INFORMATION
Type of applicant (please check one):
one or more persons carrying on retail business in the
Regional Municipality of Niagara
an association, whether or not incorporated, representing
persons carrying on retail business in the Regional
Municipality of Niagara
a council of a local municipality
Name of Applicant:
Mailing Address of Applicant:
Telephone No. of Applicant:
Loblaw Prnp~.rfi~ I irnit~d /.7~hr~
22 St. Clair Avenue East. 2nd Floor
Toronto, Orlt~rio M4T
(5191 967-2567 Fax No.: (416}960-6949
Applicant's Authorized Agent
~to who~ all.Correspondence
will be sent}:
Mailing Address:
Telephone No.:
Location of Retail Business Establishment
Municipal Address
Street Number, Municipality
Zelinka Priamo Ltd,
1240 Commissinn~.r.~ Rn~d IA~.~t. R, ~if~ 913R
London, Ontario N§K 1C7
~519) 474-7137 Fax No.: (519) 474-2284
If you wish the exemption to apply to one or more classes of retail
business establishments, please define and specify the classes:
Commercial ~ Food Store
6940 Morrison Rtr~t
Niagara Falls, Ontario
L2E 7K5
Total No. of Sq. Ft. normally used for serving the public: 82, 000
Total No. of Employees normally serving the public: 194
PART II - TOURISM CRITERIA
Tourist attractions are limited to:
a) natural attractions or outdoor recreational
attractions;
b) historical attractions; and
c) cultural, multi-cultural or educational
attractions.
The two (2) kilometre restriction set out in the Regulations to the
Act does not apply to a retail business establishment located in a
Illocal municipality within the Region of Niagara, having a population
~of less than 50,000
1. Is business located within two kilometres of a tourist attraction?
Yes
If yes, describe the nature of tourist attraction:
Little W%dding Chapel
Niagara Falls Brewing Company - Microbrewery offering tours and sampling
Putt Putt Golf and Games - Mini golf and arcade
Super Putt - Award winning miniature golf course
Vincor International - Canada's oldest winery (winery tours)
Describe nature of direct association with the tourist attraction
-or reliance on tourists visiting the attraction for business on a
holiday.
Tourism is a m~orindustryintheci~ upon which a m~orpoRionofZehr'ssalesis based,
3. Where the application involves a business that on days other than
- 3 ~
This section relates only to applications to grant
exemptio~s ~
a) In what local municipality is it located?
b) Describe subject area (in words):
c)
d)
(Please attach a map or sketch)
How many businesses are included in this application?
Are all the retail business establishments in the described
area within two kilometres of the tourist attraction?
s)
f)
g)
Does the area exceed that necessary to encompass all of the
retail business establishments for which an exemption is
sought?
If not, explain how it does not:
How many of the businesses are directly associated with the
tourist attraction or rely on tourists visiting the tourist
attraction for business on a holiday? (Regulations to the Act
require at least 25% of the businesses)
If application is submitted by an association, describe
briefly the purpose of the association, the area and type of
businesses it represents.
- GENE
Indicate which holidays, and which specific times or
number of hours you wish to be open on those holidays:
Vi~oria Day Csn~dn DnyLnhn~r Dny np~n ~om 9'~0 nm tn R'O0 pm
specific
- 4 -
Is request related to a special event? Yes __ No X
(NOTE: A retail business establishment may be exempted for up to
five holidays a year during which a fair, festival or other special
event (but not solely a parade) is being held in that municipality.
For what holidays is exemption being sought?
Describe special event, duration and time of year.
Indicate how the exemption would, if granted, be for the
maintenance or development of tourism and briefly identify other
material submitted with this application that supports this
conclusion:
Allowing Zehrs to open on the requested summer holidays would only ~her
enhance Niagara Falls as a premier tourist destination, as it provides a wide range of
se~ices located in a convenient and a~ra~ive location,
What justification is there for the opening of the retail business
establishment(s) on holidays in light of the principle, stated in
the Retail Business Holidays Act, that holidays should be
maintained as common pause days?
The summerholidaysare genemllyassociated withtraveland ~urism, whemasthe
remaining holidays are more oriented around family functions. Given the nature of
~XECUT~ON BY ~PPLICANT
l, Michelle Goertz of the City of
Londop in the County
of Middle~Rx do solemnly declare that all of
the statements contained in this application are true and I make this
solemn declaration conscientiously, believing it to be true and knowing
that it is of the same force and effect as if made under oath and by
virtue of the Canada Evidence Act.
Declared before me at the City
of London , in the
Count~
cf Middlesex thie 11th
day of June , 2001
A Commissioner, etc.
(Appli6~t)
A~_~0~T~NT OF AUTHORIZED AGENT
See attached letter of
Authorization.
I/We,
of
application.
Witness:
Date:
hereby appoint
to act as my/our authorized agent in this
Signed
(Applicant)
NOTES:
It is required.that the original application be filed with the
Regional- Clerk, together with appropriate documentation,
accompanied by a cheque in the amount of $750, made payable to:
THE REGIONAL MUNICIPALITY OF NIAOAR~
This fee will cover the following:
- publication costs
- legal costs to review applications
- administrative costs i.e. printing, mailing
Applications are to be filed at the Clerk's Department, the
Regional Municipality of Niagara, 2201 St. David's Road, Thorold,
.Ontario, L2V 4T7 to the attention of the Regional Clerk (685-1571).
The City of
Niagara Falls
I -
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) 356-9083
June 29, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
re: Chippawa Willoughby Memorial Arena Concession
Recommendation:
That Council reaffirms its decision of May 14, 2001 to reclaim the concession operations at
Stamford/Jack Bell Arena and Chippawa Willoughby Memorial Arena and not return the
operation to the Niagara South Recreation Association.
Background:
Members of Council will recall report CS-2001-05 (copy attached) pointed out that Niagara Falls
is one of the only commtmities in the province that does not operate its own concessions. This
report also indicated the City's budget for the operations of the Arenas is currently mnn'lng at a
deficit. Therefore, it would be fiscally responsible for the City to operate the concessions at
these arenas in order to decrease the overall deficit. Based on this information, Council directed
staff to reclaim the concessions at Stamford/Jack Bell Arena and Chippawa Willoughby
Memorial Arena.
However, on Thursday, June 21, 2001 at a Special Council Meeting, the Mayor brought forward
the issue of the concession at Chippawa Willoughby Memorial Arena. As a result, Council
decided that the City should not reclaim the concession at Chippawa Willoughby Memorial
Arena. City Council's decision to return the operation of the Chippawa Willoughby Memorial
Arena concession to the Niagara South Recreation Association is in direct conflict with its
objective to reduce our deficit.
It is my opinion that this matter was not given enough time for appropriate discussion and
Members may not have been fully aware of the implications of this reversal. Due to the hastiness
and confusion in considering this matter, I mistakenly voted in favour of this motion, not
realizing its impact. If ample time for discussion and consideration of this issue had taken place,
I would never have voted in favour of this motion.
J U L1 8
Pt~NNIN(t
MEET~G
WorMng Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
-2-
While I support Buck Hinsperger and the Members of the Niagara South Recreation Association
for their strong volunteer efforts and the tremendous amount of time and work they have put into
operating the concession which has been shared and benefited many community organizations, I
would suggest it would be inappropriate to return the operation of the concession at Chippawa
Willoughby Memorial Arena to the Niagara South Recreation Association, and further that all
Arena concessions be operated by the City.
It is my feeling tha~I Council should reaffirm its original decision of May 14, 2001 to reclaim the
concessions operations at Stamford/Jack Bell Arena and Chippawa Willoughby Memorial Arena.
Respectfully submitted:
Art Federow, Alderman
-2-
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot that the by-
law now be read a second and third time. Carried Unanimously
2001-124
A by-law to authorize the partnership between the City, the Friends of Lundy's
Lane and the Millennium Bureau of Canada.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS
ORDERED on the motion of Alderman Wing, seconded by Alderman Craitor, that the actions
taken in Committee-of-the-Whole earlier this evening, be approved:
The City draft a resolution to be directed to the Province requesting that a law be
implemented making it mandatory, under the provincial building code, for all high rise
buildings to be equipped with a sprinkler system. Carried Unanimously
NEW BUSINESS
Montrose Business Park Property
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the City
prepare an amendment to the Development Charges By-Law so as to waive the City's
development charges on a section of the Montrose Business Park to be sold to ALO North
America. Carried Unanimously
Niagara Falls Minor Hockey Association
Alderman Puttick requested Council's approval to provide a fund of $300-$400 for the
out-of-pocket expenses incurred by the petitioners in the Niagara Fails Minor Hockey
Association matter. Following some discussion, there was no support for this action at this time.
5:03 p.m., Alderman Puaick vacated the meeting.
Arena Concession Stands
ORDERED on the,' motion of Alderman Hendershot and seconded by Alderman Volpatti that the
Niagara South Recreation Association, under the direction of Mr. Buck Hinsperger be allowed to
continue operating the Chippawa Willoughby Memorial Arena concession stand.
Carried Unanimously
-11
10.
R-2001-19 - Agreement between the City of Niagara Falls and N.TEC - Ker Park -
that the CitY' enter into an agreement with N-TEC for the use of Ker Park property
currently o~ned by N-TEC.
11.
New Business:
That the City establish a Committee to limit the number of domestic animals per
household in residential areas;
12. In Camera:
R-2001-18 - Purchase of Properties - that staff be authorized to begin negotiations
for prope~, purchase.
The motion Carried with Alderman Fisher abstaining from the vote on Report MW-2001-65,
on a conflict of interest previously noted; and Alderman Pietrangelo, abstaining from the
vote on Report MW-2001-66, on conflicts of interest previously noted and with all others
voting in favour. See By-law No. 2001-99
CS-2001-05 - Chief Administrative Officer - Re: Concessions in Municipal Arenas.
The report recommends that this report is provided for the consideration and direction of
Council.
ORDERED on the motion of Alderman Wing, seconded by Alderman Orr, that staff proceed
with reclaiming the arena concessions. The motion Carried with Alderman Fisher voting
contraryi.to the motion and with all others voting in favor.
CS.200i;06 - Chief Administrative Officer - Re: Junior B Agreement. The report
recommends that the by-law authorizing an agreement between the Junior B's and the City
be approved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Un nimousl .
See By-Law No. 2001-93
MW.200'1-56 - Chief Administrative.Officer - Re: Niagara Public Purchas, ing.
Committee 2001-T-13; Granular Materials. The report recommends that the supply oT
granular material be awarded to Lafarge Canada, Walker Bros., and Ridgemount Quarries.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. ~Le~LU.~¢-~
MW-200'1-65 - Chief Administrative Officer- Re: Parking Control Appointment; Clifton
Hill Security Patrol (HOCO Limited). The report recommends that Council approve the
by-law appearing later on tonight's agenda, appointing Clifton Hill semi'rity Patrol (HOCO
Limited) Staff as Parking Co ntrol Officers for the purposes of enforcing parking restrictions
at the Comfort Inn, at 4960 Clifton Hill and the Quality Inn, at 4946 Clifton Hill.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the report
be received and adopted. The motion Carried with Alderman Fisher abstaining from the
vote on a conflict of interest previously noted and with all others voting in favor.
see By-law No. 2001-96
The City of
Niagara Falls
Canada
Community Services Department
4310 Queen Street
P.O, Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 357-9293
E-mail: jmacdo na@city.niagarafalls.on.ca
CS-200'1-05
John MacDonald
Executive Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
May 14, 2001
,TO t J. MACDONALD
i~ROM ~ E.C. WAGG
THE RECOMMENDATION (S) CONTAINED II'q'
THiS REPORT WEi~E ADOPTED BY CITY
re: CS-2001-05 - Concessions ~ Manicipal'Arenas
Recommendation:
That this report is provided for the consideration and direction of Council.
Background:
On Monday, April 30, 2001, Council requested that staffprepare a report addressing the
feasibility of the City taking control of the concessions at Stamford/Jack Bell and Chippawa
Willoughby Memorial Arenas.
At the present time, City staff operates the concession at Niagara Falls Memorial Arena,
however, Stamford/Jack Bell Arena concession fights have been given to the Niagara Falls
Minor Hockey Association, while the concession rights at Chippawa Willoughby Memorial
Arena have been given to the Niagara South Recreation Association.
Staffhas determined that most municipalities in the Province, if not all, operate their own
concessions. The reason for this is that the municipalities make every effort to maximize
revenue opportunities, in order to reduce operating costs.
In the past, on several occasions, when Council asked staff to recommend alternative revenue
sources, in order to reduce the City's overall operating costs, staff has recommended that the
concessions be assumed by City staff. In each case, Council has not supported staff's
recommendation.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
facsimile
TR A N S M ITTA L
to:
fax #:
re:
d~e
pages:
City of Niagara Falls
Clerk's Division
Attention: Mr. Woody Wagg
905-35fi-9083
Niagara Falls Minor Hockey Association
Corporate
Our File Number 32915-CBB
July 12, 2001
1, including this cover sheet.
We understand that ,City council is revisiting the issue of arena concession stands at its meeting
on Monday night. ]he sender would like to address council on behalf of our client at that
meeting. Please make the necessmy arrangements and contact the sender if you have any
questions or concerns. Thank you.
Fmm ~ed~kof...
Brandon M. Boone
Bn~st~'&Soli~tor
Direct Uno; 905-688-I 125 Ext, 3245
Toll Frae: 1-80~,263-3650
Direct Fax;. 90.6-688-5725
E-mail; beoneb~niegaralaw.ca
Daniel, Breck, Hill, Tlidus, DeLorenzo,
Shedden, Denohue & Sheppard LLP
Barristers & $olicitom
P.O. Box 24022, 39 Queen Street
St, Ca~arines, Onbafio, L2.R ?P7
Village of ChiPpawa Citizen's Committee
8a~20 Lamont Avenue, Niagara Falls, Ontario, L2G 6V8
~0S-2~S-492 !
July 6, 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: MAIN STREET CLOSURE, NIAGARA FALLS
It has been brought to our attention that Main Street is going to be closed from Murray Hill
south to Fallsview Boulevard. This a very significant access to the City and directly to the
Main Street and Stanley Avenue areas from the south end, Chippawa. We feel that closure
of this road would not benefit the Chippawa residents who travel to Niagara Falls and use
the Oakes Drive and Stanley Street access as a means to get to Main Street avoiding tourist
areas.
Our group, the Village of Chippawa Citizen's Committee feel that anyone coming into town
from Chippawa will have to travel the tourist routes Fallsview Boulevard or the Niagara
Parkway. This is a great inconvenience for the Village residents. The closure of Main
Street would only give way to more high rise propedies and we feel there are enough in the
Fallsview area at the present time. Not to mention the new Casino that would be built off
Fallsview Boulevard which would only make traveling to Niagara Falls more frustrating.
Even though plans are being made to widen streets to help alleviate the congestion, we feel
this is not a viable solution. Therefore, our group wishes to oppose the closing of Main
Street in the specified areas.
Yours truly
Darlene Willick
Secretary
CC:
Niagara Falls City Council
W. Wagg, City of Niagara Falls
File
July 16, 2001
Dear Mayor Wayne Thomson and members of Niagara Falls City Council;
The Arts and Culture Commission recommends that the Niagara Falls City Council establish a
committee to begin the process of laying the groundwork towards celebrating the bicentennial
celebration of the War of 1812 - 1814.
10 years is not an over abundant amount of time to bring together those people who could
make this International event a celebration of the century. Four great nations were involved,
with the British and the American armies both regular and militia forces, the Native people,
fighting on soon to be Canadian soil. Of the dozens of baffles that waged both on land and
from the sea, from Louisiana to Toronto, there were 8 baffles waged in the Niagara Frontier,
on both the American and Canadian sides of the border. The fiercest baffle of all took place in
our own back yards.
Most historians agree with Donald Graves who wrote the following about the Baffle of Lundy's
Lane. ~/Vhat followed was one of the bloodiest and most hard-fought military actions in North
American history. For neady five hours, American, Bdtish and Canadian soldiers struggled
desperately into the night in a close range, vicious baffle. As one participant recalled, it was a
conflict, obstinate beyond description. When dawn came, more than 1600 men lay dead or
wounded."
The Arts and Culture Commission agrees that the planning of a celebration of international
magnitude should begin here this evening, in the seat of the most costly baffle of the war.
Needless to say, a celebration of this magnitude has the potential to create a multitude of op-
portunities and benefits for our city. We look forward to working with the City of Niagara Falls
on a project that can mean so much to our cultural heritage.
Respectfu~y submitted by,
Wayne S. Scott,
Chair,
Arts and Culture Commission.
Victoria Centre B.I.A.
P.O.Box 841 ~ Niagara Falls, Ontario ~ L2E 6V6
Phone 905-358-7137 - Fax 905-358-5891
His Worship Mayor Wayne Thomson and Council
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Wayne:
As you know there is great concern in our area with regards to restrooms for our visitors. Om:
members are inundated daily with requests for use of their washrooms. Our area consists of many
small establishments which do not have the facilities, or the manpower to handle the volume that is
required. Tourists are upset, angry and therefore have a very negative impression.
We are reques0ng that a restroom trailer be acquh:ed and placed in the city parking lot on Ellen
Ave. between Walnut and Centre Streets. This would eleviate the problem for both the visitors to
the city looking for facilities and for the businesses who cannot accommodate them.
We do understand this would be a costly endeavor and if funds could not be found to support this
then we would suggest coin operated mechanisms be used and a nominal fee be charged to cover
the cost.
As you can appre¢~te, the summer season is upon us and action needs to be taken quickly in order
to prevent this lack of facilities from being a problem again this year.
Thanking you in advance for your consideration,
The Arthritis Society
Niagara Falls Branch
Executive:
Marcie McLean - President
Phildean Gava - Vice-President
Ron Douglas - Treasurer
Josie O'Brien - Secretary
Helen Vasko - Past President
Don MacDonald - Regional
Chair
The Arthritis Society
Niagara Peninsula Office
300 Bunting Rd., Unit #2
St. Catharines, ON
L2M 7X3
Phone: 905- 646-7284
Fax: 905-6464)513
Senior Development Asoeiate
Joyee M¢Intosh
e-mail: jmcintosh~on.arthritis.¢a
Jane 8, 2001
The Honourable Mayor Wayne Thomson
Niagara Falls City Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
[)ear Mayor Thomson:
THE
ARTHRITIS
SOC
LLf-F~CE 0f i HE MAYO~,
Did you know that four million Canadians are in pain right now? Twenty
thousand people are on a waiting list for surgery that costs the Canadian
economy $17.9 billion a year in lost productivity.
Arthritis health care costs rank second among the most costly illnesses in
Canada. Arthritis is the most common cause of long-term disability in
Canada. More than 50 per cent of working age people who have arthritis are
not in the labour force because of their condition.
September is National Arthritis Month., The Arthritis Society will again
conduct a residential campaign throughout the month of September 2001. It is
the Arthritis Society's mission to raise funds for education, research and public
awareness of arthritis with help from our local communities.
We would like to arrange with you a flag raising ceremony to be held outside
City Hall on Wednesday, September 5, 2001 at 1:00 p.m. Your attendance
would help promote this event and make it more prominent in your
community. We would also like to request that our flag remain displayed for
the entire month of September to continue to promote the awareness of The
Arthritis Society and National Arthritis Month.
If there are any questions or concerns, please contact the Niagara Peninsula
office at 905-646-7284.
Respectfully,
Mrs. Maxcie McLean
President Niagara Falls Branch
Joyce Mclntosh
Niagara Peninsula Office
Senior Development Associate
1-800-321-1433 www. anhritis.ca
The Ci'n/of
Niogoro FQIIS ~_
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tek (905) 356-7521
Fax: (905) 356-2354
E-mail: m unwks@city.niagarafalls,on.ca
Ed Dujlovic, P. Eng.
Director
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-94
Consulting Services for the
Class Environmental Assessment - Schedule "C"
Fallsview Tourist Area Road Widenings
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 preparation ora Class
Environmental Assessment for the Fallsview Tourist Area Road Widenings with Delcan for the
upset limit of $58,!)81 excluding GST.
BACKGROUND:
In 1998 Council approved the Master Transportation Plan for the City of Niagara Falls. The plan
recommended upgrades and widenings for Fallsview (formerly Buchanan) Boulevard from
Portage Road to Murray Street, Dixon Street from Stanley Avenue to Fallsview Boulevard and
Murray Street front Stanley Avenue to the Niagara Parks Commission. In order to proceed with
these works, staff requested proposals from five consultants listed below to prepare the Schedule
"C" Class Environmental Assessment.
Delcan - Niagara Falls
Earthtech - St. Catharines
Acres and Associated - Niagara Falls
McCormick Rankin - Mississauga
Totten Simms Hubicki - St. Catharines
Totten Simms Hubicki did not submit a proposal. Of the remaining four proposals, Delcan
provided a work program, project team and schedule which best satisfies the needs of the City.
The Class Environmental Assessment process must look at all options to satisfy the demand to
move traffic in the area. In addition, the report will include street scaping and signalization of
intersections. The Class Environmental Assessment is the first step of the process for the road
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
MW-2001-94 Page 2
July 16, 2001
improvement works required for the Casino and other developments that have or will occur in the
area. Funding for the study and subsequent engineering and construction costs will be provided
by development charges, the Casino and the City's capital works budget.
Your concurrence with the above recommendation would be appreciated.
Re~ctfully s~mi~
Edward P. Lustig
Chief Administrative Of_fi/ckr
Director of Municipal Works
e( ExecutiJ°hn'MacD°nalcve Dire tdo:r of Community Services
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: fhiggins@city.niagarafalls.on,ca
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re:
MW-2001-95
Contract 2001-02
2001 Sidewalk And Concrete Repairs
Ed Dujlovic, P. Eng.
Director
MW-2001-95
File 2001-02
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Sacco Construction Ltd., be
accepted and the by~law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the Manager of Supply and Services,
Mr. Ray Miller, opened tenders on Tuesday, July 10, 2001 at 1:30 p. m. for the above noted
contract.
Tender documents were picked up by two (2) Contractors and two (2) bids were received.
Listed below is a summary of the,totalled tendered prices, excluding GST, received from the two
(2) Contractors.
1. Sacco C. onstruction Ltd.
2. Alfidome Construction Ltd.
( Niagara Falls )
( Niagara Falls )
$299,530.00
$311,671.00
The lowest tender was received from Sacco Construction Ltd. in the mount of $299,530.00.
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.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
2001-07-16 2
Financing:
The Engineer's estimate for this contract was $240,000.00.
Project Costs:
Awarded Contract
Net G.S.T. 3%
Funding:
Current Budget
$299,530.00
$ 8,985.90
TOTAL $308,515.90
$240,000.00
MW2001-95
TOTAL $240,000.00
The tender amounl is greater than the budget allocation. The Sidewalk repair program will be
reduced to meet the funding allocated. Some streets will be reduced in scope to meet this amount.
This project is scheduled to commence on July 30, 2001. All works are to be completed within
40 working days. Attached is Table 'A' which indicates the proposed streets.
Council's concurrence with the recommendation made would be appreciated.
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
Director of Municipal Works
John MacDonald
Executive Director of Community Services
.tfully Submitted by:
Edward P. Lustig, //
Chief Administrative Off)ce?
Street
Thorold Stone Rd.
Dorchester Rd.
Prospect St.
Harriman St.
Fern Ave.
Brant Ave.
Arad St.
Forsythe St.
High St.
Leeming Ave.
St. Peter Ave.
Colbome St.
Symmes St.
TABLE ' A '
CONTRACT 2001-02
2001 SIDEWALK & CONCRETE REPAIRS
CITY WIDE
Between Side
Stanley Ave to Portage Rd. N.S.
Harriman St. to Mountain Rd. W.S.
Stamford Green Dr. to Mountain E.S.
Drummond Rd. to Portage Rd. B.S.
Dorchester Rd. to Prior Cres. B.S.
McLeod Rd. to Cooper Ave. B.S.
Churchill St. to Cadham St. B.S.
Brant Ave. to Dell Ave. B.S.
Stanley Ave. to Buchanan Ave. S.S.
Leonard Ave. to Highland Ave. B.S.
Prince Edward Ave. to Woodland S.S.
Thorold Stone Rd. to St. John Ave. B.S.
Portage Rd. to west limit B.S.
Main St. to Dawlish Ave. B.S.
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box i023
Niagara Falls, ON L2E 6X5
web site:www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: fhiggins@city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Rc~
RECOMMENDATION:
July 16, 2001
MW-2001-96
Contract 2001-03
2001 Asphalt Overlay Program
City Wide
Ed Dujlovic, P. Eng.
Director
MW-2001-96
File 2001-03
It is recommended that the unit prices submitted by the low tenderer, Norjohn Ltd., be accepted
and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the Manager of Supply and Services,
Mr. Ray Miller, opened tenders on Tuesday, July 10, 2001 at 1:30 p. m. for the above noted
contract.
Tender documents were picked up by four (4) Contractors and four (4) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
four (4) Contractors, together with the corrected bids*.
$697,266.00
$712,147.60
*$763,500.00 ($764,585.00)
$798,244.39
1. Norjohn Ltd.
2. Steed & Evans Ltd.
3.Rankin Construction Inc.
4.Hard Rock Paving Co. Ltd.
( Niagara Falls )
( Thorold )
( St. Catharines )
( Port Colborue )
The lowest tender 'was received from Norjohn Ltd. in the amount of $697,266.00
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.
Working Together to Serve Our Community
Municipal Vv'orka Fire Services Par~s, Recreation & Culture Business Development
2001-07-16 2
Financing:
The Engineer's estimate for this contract was $740,000.00.
Project Costs:
Awarded Contract
Miscellaneous Fees
Net G.S.T. 3%
Funding:
Current Budget
$697,266.00
$ 1,200.00
$ 20,953.98
TOTAL $719,419.98
$750,000.00
MW-2001-96
TOTAL $750,000.00
This project is scheduled to commence on July 30, 2001. All works are to be completed within
45 working days. Additional streets and/or works will be added to the maximize the budget.
Attached is the list of streets included under this contract.
Council's concurrence with the recommendation made would be appreciated.
Frank Higgins, C.E.T.
Manager of Projects
Res~e lly Submitte b:
Edward P. Lustig, //
Chief Administrative Officer
Ed Dujlovic, P. Eng.,
Director of Municipal Works
jo(- John MacDonald
Executive Director of Community Services
2001 Asphalt Overlay List
STREET
FROM TO ASPHALT
Frances Ave.
Carman St.
Rolling Acres Dr.
Wiltshire Blvd
Harvard Ave.
Oxford St.
Valley Way
Highland Ave.
Kitchener St.
Ross Ave.
Taylor St.
Corwin Ave.
Brookfield Ave.
Collins Dr.
Joyce Ave.
Margaret St.
Portage Rd.
Peter St.
Don Murie St.
Progress St.
River Rd.
Mayfair Atlas base & top
Atlas Carman base & top
Carman south limit top
Sinnicks Portage base & top
Oxford Cambridge top
Harriman west of Harvard top
Wiltshire south of Brian top
Wiltshire east of Valour top
Bellevue west of Valley View base&top
West of Valley View Drummond top
Frederica Lundy's Ln top
Powell MacDonald base & top
Robinson Peer top
Drummond Franklin base & top
Strokes Culp base & top
Clare Clare base & top
Drummond Durra top
Margaret Collins top
Drummond Heximer top
Welland river north of Norton base & top
Chippawa Thomas base & top
Stanley Earl Thomas top
Stanley Earl Thomas top
Lower Bridge Buttrey (southbound lane) top
The City of
Niagara Falls
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-maih fhiggins@city.niagarafalis.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re:
RECOMMENDATION:
July 16, 2001
MW-2001-97
Contract 2001-09
2001 Crack Sealing Program
City Wide
Ed Dujlovic, P. Eng.
Director
MW-2001-97
File 2001-09
It is recommended that the unit prices submitted by the low tenderer, 788893 Ontario Ltd., aka
Niagara Crack Sealing, be accepted and the by-law be passed.
BACKGROUND:
The Tender Opening Committee, in the presence of the Manager of Supply and Services,
Mr. Ray Miller, opened tenders on Tuesday, July 10, 2001 at 1:30 p. m. for the above noted
contract.
Tender documents were picked up by two (2) Contractors and two (2) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the two
(2) Contractors, together ~4th the corrected bids *.
1. Niagara Crack Sealing ( Niagara Falls )
2. Road Savers 2000 (Rexdale)
*$55,351.80 ($55,200.00)
$57,150.00
The lowest tender was received from Niagara Crack Sealing, in the amount of $55,351.80.
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.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
2001-07-16 2
Financing:
The Engineer's estimate for this contract was $42,000.00
Project Costs:
Awarded Contract
Net G.S.T. 3%
Funding:
Current Budget
$55,351.80
$ 1,660.55
TOTAL $57,012.35
TOTAL
$42,000.00
$42,000.00
MW-2001-97
This project is scheduled to commence on July 30, 2001. All works are to be completed
September 14, 2001. Since the cost is greater than the budgeted amount, work will be completed
up to the budget limit only.
Council's concurrence with the recommendation made would be appreciated.
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
ed by:
Ed Dujlovic, P. Eng.,
Director of Municilpal Works
(, John MacDonald
Executive Director of Communily Services
Res~__~lly Sub~.mitted 7:
Edward P. Lustig,
Chief Administrative Officer
The City of
Niagara Falls
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-maik munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-98
File G-t80-19
July 16, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-98
Confirmation of Staff Action - Loblaw Properties Limited
Municipal Parking Lot #13 (Main St.) Reconstruction
RECOMMENDATION:
It is recommended that Council confirm the actions of Staff regarding the indemnification of
Loblaw Properties Limited during the reconstruction of Municipal Parking Lot #13.
BACKGROUND:
Council, at its meeting of June 11, 2001 approved the reconstruction of Municipal Parking Lot
#13 in the Main~Ferry Business area. This parking lot is located adjacent to the National Grocers
Cash & Carry parking area at 5772 Main Street, which is owned by Loblaw Properties Limited.
During construction, it will be necessary to utilize an area of the National Grocers parking lot to
facilitate the installation of the armour stone wall.
Loblaw Properties Limited have agreed to allow the Contractor to utilize a portion of their
parking lot subject to indemnification against claims associated with the construction and
restoration of their lands once construction has been completed. Therefore, at the request of
Loblaw Properties Limited staff have prepared the attached letter to address their concerns.
Councils concurrence with the recommendation outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
~tfully SubmiCed ·
Edward P. Lustig,
Chief Administrative Office~
Ed Dujlovic, P. Eng.,
Director of Municipal Works
6o~ Jolm MacDonald,
Executive Director of Community Services
S 5TRAFFIC\REPORTSk2001 ~2001 Council\MW2001-98.wpd
Community Sen/Ices Department
Municipal Works - Traffic & Parking Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 353-0651
E-mail: kdren@city.niagarafalls.on.ca
Mark Van Doodewaard, Store Locator Manager
Loblaw Properties Limited
22 St. Clair Avenue East, Suite 201
Toronto, Ontario, M4T 2S5
July 9, 2001
Ed Dujlovlc, P. Eng.
Director of Municipal Works
Via Fax Only 416-960-6949
RE: National Grocers Cash & Carry, 5772 Main Street, Niagara Falls
Municipal Parking Lot #13
Dear Mr. Van Doodewaard:
This is further to our conversation regarding the use of a portion of your property to facilitate the
construction of the armour stone wall in the City's adjacent lot (Mtmicipal Lot 13). Construction is
tentatively scheduled to cnmmence on July 16, 2001, and should be completed within a 35 day period.
Enclosed is a drawing of the subject lands requested for use.
We hereby confirm that the City will indemnify Loblaw Properties Limited against any claim made by any
one as a result of the City using that portion of your property to facilitate construction of the armour stone
wall in Municipal Lot 13.
We further confirm that the City will restore that portion of your property, which the City intends to use, to
the condition it was in prior to the City using it.
You confirm that the City has the free and uninterrupted right to use that portion of your property as stated
above for approximately 35 days or for the duration of the construction for nominal consideration.
The signatures of the parties are set out below to confirm the above arrangement.
Loblaw Properties Limited
Thank you in advance for your cooperation.
City of Niagara Falls
Yours truly,
Karl J. Dren, C.E.T.
Manager of Traffic & Parking Services
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development · Building & By4aws
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Fa{Is, 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-200]-100
File G-180-1
July 16, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-100
2001 Ontario Traffic Conference Annual Convention - Windsor
RECOMMENDATION:
It is recommended that this report be received for the information of Council.
BACKGROUND:
The Ontario Traffic Conference (OTC) has been in existence for over fifty years. It is a volunteer
organization made up of representatives from Municipalities (staff and elected officials), the
Police (municipal and provincial), Ministry of Transportation Staff and Private Sector
representatives from the traffic, transportation and parking industries. It's mandate is to develop
and promote expertise regarding traffic, transportation and parking matters affecting Ontario in
keeping with current and future transportation, social and environment goals through
engineering, enforcement and education.
Over the years, Niagara Falls has hosted five annual conventions with the most recent being in
1998. This years' convention was hosted by the City of Windsor and was well attended with
over 160 delegates in attendance. The theme of the convention was "Community Focus -
Working Together for a sqfer 2U' Century".
There were a wide range of Traffic, Transportation and Parking issues being presented with
everything from School Bus Safety to Neighbourhood Traffic Management Programs to Red-
light Cameras to Strategic Parking Plans for School Zones. A number of the issues being
discussed are already in use in Niagara Falls in one variation or another, such as the Kiss and
Ride Program. Over the years, staffand elected officials have returned from this convention with
new and innovative ideas and methods being utilized in other municipality's and by consultants,
for consideration and implementation in Niagara Falls. This year is no different, we are sure to
see variations of experiences gained in Hamilton, Windsor and York Region put to use in
Niagara Falls.
Representing the City of Niagara Falls were Alderman Norm Puttick, Alderman Kim Craitor and
Karl Dren. Karl, who is a board member, also made a presentation at the convention entitled
"Neighbourhood Speed ~atch - Where do we go from here?? ". Besides attending the sessions
July 16, 2001 -2- MW-2001-100
Alderman Puttick also attended an elected officials committee meeting, where Alderman Craitor
was appointed as secretary.
Council's concurrence with the recommendation outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Respe~gJfully Submitted by:
Edward P. Lustig, /
Chief Administrative Officer
Director of Municipal Works
John MacDonald,
Executive Director of Conununity Services
S:\TRAFFICSREPORTSX200 B2001 Council\MW2001 - 100.wpd
The City of
Niagara Falls
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-maih bdarrall@city.niagarafalls.on.ca
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Mmficipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2001-103- Appointment of Consultant;
Class Environmental Assessment
Dorchester Road
from Lundy's Lane to Thorold Stone Road
Ed Dujlovic, P. Eng.
Director
MW-2001-103
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 a "Class Environmental Assessment Study of
Dorchester Road frmn Lundy's Lane to Thorold Stone Road" with DELCAN Corporation, for the
upset limit of $59,425.00.
BACKGROUND:
The Class Environmental Assessment, "Schedule C" will allow the City to determine the extent of the
construction improvement works that are required for this section of Dorchester Road over the short
and long term.
The Master Transportation Plan for the City of Niagara Falls and the Domhester Road Traffic Safety
and Operations Review Study will be the base upon that the Class Environmental Assessment will
follow. However, t he Class Environmental Assessment process must look at all options to satisfy the
demand to move traffic in the area. The report will investigate and include recommendations regarding
the signalized intersections, the warrants for the signalization of additional intersections and
improvements at the Canadian National Railway Crossing.
As per the City's Consultant Selection Policy, direct appointment for consultant work up to $60,000,
DELCAN Corporation has been selected to complete this work as they are very familiar with the City' s
Transportation Network and particularly Dorchester Road. Previously, they have successfully
completed similar jobs for the City and Region.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws
2001-07-16 -2 - MW-2001-103
The consulting services and construction costs were included in the 2001 Capital Budget.
Your concurrence with the above recommendation would be appreciated.
Prepared by:
Bob Darrall, C.E.T.
Project Manager
Re, fully submitted by~
Edward P. Lustig
Chief Administrative Officer
by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
~r John MacDonald
Executive Director of Community Services
Niagara Falls
C a n ad~.~.J~'
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
Ed Dujlovic, P. Eng.
Director
MW-2001-104
July 11, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
MW-2001-104 - Municipal Servicing Agreement
St. Patrick/St. George/Brock/McMicking Streets
RECOMMENDATION:
It is recommended that the City proceed with a cost-sharing servicing agreement to provide storm
sewers and road reconstruction on existing roadways adjacent to the future Wiens Plan of
Subdivision.
BACKGROUND:
Report MW-2001-61 dated May 14, 2001, was approved allowing the City to proceed with a cost-
sharing proposal to reconstruct the existing roadways to City standards. This agreement would allow
the developer to proceed with construction of the Municipal Services on existing roadways while
proceeding with plan registration. The usual securities will be included in this agreement to protect
the City's interest.
/~fl~i~ee' s ~nli~i°n ° f thi
Developme~ &~r~ Technician
Ed Dd~ovic, P.Eng.
Director of Municipal Works
s recommendation is appreciated.
~ Executive Director of Communily Services
~ctfully S?m'~,~
,)
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development · Building and By-Laws
Niagara Falls
Can~~
community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Fails, 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
Adele Kon
Director
R-200t-28
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2001-28 Actions Stemming from the Environmental
Planning & Greening Committee Meeting of June 20, 2001
RECOMMENDATION:
It is recommended that Council endorse the actions from the June 20, 2001 meeting of the
Environmental Planning & Greening Committee and appoint 6 new members from the community
on the Committee.
BACKGROUND:
The Environmental Planning & Greening Committee dealt with a number of items at their recent
meeting and the matters requiring Council's endorsement or decision are highlighted as follows:
a) Revised Terms of Referenee for the Committee and Appointment of Community Members:
Earlier this year, Council endorsed an action to revise the structure of the Environmental Planning
& Greening Committee that would see voting members added from the community. The Committee
has proposed a series of changes to their Terms of Reference and one change proposes the
Committee consisting of 12 people of which they are as follows:
- three (3) members will be from City Council;
- one (1) Niagara Falls Regional Councillor;
- one (1) from the Niagara Falls Nature Club;
- one (1) from the Niagara Parks Commission; and
- six (6) to be citizen appointees from the Community.
As part of the revised Committee structure, it is requested that Council elect 6 members of the
community to the Committee. An advertisement was placed in the local newspaper and the City
received a total of 9 applications. The list of applicants are as follows:
Working Together to Serve Our CommunRy
Municipal Works Fire Services Parks, Recreation & Culture Business Development
-2-
1. Fil Barillaro
2. Russell Boles
3. Claudia L. Brock
4. Nick DeBendetti
5. Janet Krochuk
6. Anna Lee
7. Basil E. Schumacher
8. Eloise Schumacher
9. David Scott
The 'letters of interest from each of the applicants is attached and the appointees would be in effect
for duration of the current term of Council. The City Clerk will provide ballots for the election of
members from the Community.
Other changes to the Terms of Reference include the addition that will see the Committee investigate
the redevelopment of Brownsfields areas and an annual review of the accomplishments to ensure
they are fulfilling their mandate. Endorsement of the Revised Terms of Reference of the Committee
would be appreciated.
b) Report PD-2001-45 Implementing the Niagara River Remedial Action Plan
Attached is a copy of the above noted report which supports the Niagara River Remedial Action Plan
Implementation. The EP&G Committee supported the report which highlights the plan of the
Niagara Peninsula Conservation Authority to coordinate the continuation of the cleanup of the
Niagara River Watershed. The role of the City of Niagara Falls is to continue its ongoing programs
including sewer separation and infrastructure rehabilitation. It was recommended that the report be
provided to Council for approval and sent to the Niagara Peninsula Conservation Authority once it
is endorsed by Cour~cil.
e) Request for No Boulevard Tree - 7522 Luna Park
A few months ago, the Committee dealt with a series of requests for no boulevard trees for some
newer residential lots. The request by the owner of 7522 Luna Park required further investigation.
In this case, the owner had planted a blue spruce tree in his front yard. The property is located at the
end ofa cul de sac and with the planting of the blue spruce tree, there is very little area that remains
for the boulevard tree. As a result, the Committee approved a motion that there be no boulevard tree
planted in front of 7522 Luna Park.
The Council's endorsement of the above would be appreciated.
Respectfully Subm~il~d:
Alderman Selina Volpatt~
Environmental Planning & Greening
Committee
BB/das
Attachments
&\Council\Council 200BR-2001-28.wpd
LOn LI i3ttOOt- MemDerSl31p_ln tne Environmental P'la[~lllll~ ana ~reenln~ ~ommlttuu .................... r,~ ~ ~
From:
To:
Date:
Subject:
"Fil Barillam" <fll~badllam-associates.com>
<llightfoot(~city.niagarafalls.on.ca>
6/13/01 9:59PM
Membership in the Environmental Planning and Greening Committee
Dear Lori,
Pursuant to our phone conversation earlier today, I am submitting my request to be considered as a
member of the Environmental Planning and Greening Committee.
Academic Background
I have an undergraduate degree from the University of Waterloo in Chemical Engineering (specializing in
air pollution) and a graduate degree in Environmental Engineering (specializing in wastewater) from the
University of Toronto.
Past Volunteer Work
Part of the Oil and Grease Group, which was responsible for rewriting the current Oil and Grease test
(solvent extractables for non-volatile organics), a past member of the Niagara River Restoration Council
(RAP) for 2-3 years including the chair of the Ecosystem Improvement Team and a past member of
Ecological and Environmental Advisory Committee (EEAC) for the Region of Niagara for the last 2
years. I still receive minutes of EEAC meetings and join task forces when I have time. I also have been
judging the regional science fair at Brock University for the past two years.
Professional Affiliations
Registered professional engineer through the Professional Engineers of Ontario (PEO) and a past
member of the Canadian Environmental Auditing Association (CEAA).
currently own and operate a small consulting firm out of St. Catharines. If you are interested in the type
of work we do, it is easiest to view my website at www. barillaro-associates.com
I must warn you that I have a busy schedule and can not commit to meetings on Fddays, Saturdays or
Sundays. Often times, my work takes me out of the cry, province or country. I feel I would be an asset
to your committee.
I do not have an up-to-date C¥, but my expedenca is varied in soil, air and water.
Thank you for reviewing my application. I am eagerly awaiting your response. Please do not hesitate to
contact me at the below address, if you have any questions.
7171 Windsor Crescent
Niagara Falls, ON
L2G 1G2
(905) 357 - 4974
Regards,
Fil Barillaro, M.A.Sc., P.Eng.
EP&G - June 20, 2001 - 6. e)
2001
Sheraton, Fs ls. view
HOTEL & CONFERENCE CENTRE
NIAGARA FALLS
EP&G - June 20, 2001 - 6. i)
The Cily of Nisgara Falls, Parl~ Recreation & Culture
7565 Lundy's Lane
Niacam Fails, Ontario
Fax: 905-356-7404
To Whom it May Concern,
would like ~o express my int~n~st ~u becoming an active participanl as a full member of
Ole Niagara N~ll_~ Ellvironmemn1 Planning & Greening Cot~lmitt~.~
I am very interested in seeing Niagara Falls fitr~hcr d~velop and enh~,ce i~ nmural
beauty. In my past five years working in Niagara Falls, I have seen numerous changes
and the City has flouriahed howewr, most of th~se have been business developmeats.
Our City mus~ develop i~ potential and have a stronger "natural" presence in order to
grow and rrtaJ, u~ain the balance. We need more boulevards, ~rees, shrubs, and flower
gardens ~o counter-balanc~ the large number of developme~s we have se~n in the past
f~w yea.~. We are inundated with con~r~l By greening our Oily in its entirety and
showing we care about ils appearance, we can ~ily _~_~-_'ce our res/dents and guests to
visi~ areas that have been o~herwise n~t~n~d in the past. Guests will see our
commitm~xt and will also feel more welcom~ I strongly feel this new Committee's time
h~s come and am eager to contribute.
I am very interested in being able to co~'bute and am eager to l~tra more about tho
processes involved in pl~-~g and implememiag projects at City NaIL I have also
included a copy of my ~sume for your review. Please do not hesitate to contact me
should you r~luire any further information about myself and I look forward to your reply.
Sincerely y0Rr~,
Drummond Ro,ai
~ Pall$, ON L2G 4P9
Claudia L. Brock
.Residence: (905) $584318
Bu~: (PO5) $-~4717
WORK
Guest Service Mnn~e~
· Recorded md pzocezsed daily ~fion. ~'quests
' Ped'omaed ~'witchboard and concierge duties
Nick DeBenedetti
5523 Buchanan Avenue
Niagara Falls, Ontario
L2G 3T7
905-329-0636
May 8, 2001
Lor Ughtfoo
City of Niasara Falls
7565 Lundy's Lane
Niagra Falls, Ontario
L2H 1G9
Fax: 905-356-7404
,~ttention: Lori Ligtfffoot
.~z per our discus.sion on Tuesday, May 8's, 2001, please accept this letter of inl~t as I would
like to be a member on the l~nvironmantal Planning and Greening Committ~ as advertised in
thc Niagara Falls review on M~y $, 200 I. I am a c/tizen of Niagara Falls and am intcresl~l in
the protection and enhan~ment of the city's environment.
I feel that I would bring an open and honest approach when deali~ with environmental
mattors. I received my honourz degree iii Geography, Urban arui Environmental Stndi~ from
Brock U~/vcrsity in 1995. Some of thc co~ taken indude: urban and ~ geography
principals of plaxmed urban change, environment sad behaviour, and international
development. My experience ba~e has been very diversified as I have worked in the
manufacturing and service industry ami am looki~ for a~ opportunity to apply my previous
educational and job related experiences as a member of this committee. In ~d~fioil, I am herd
working, an excellent communicator, and reliable.
I welcome this opportmaity and look forward to hearing from you in the near future to
sehedttle a meetir~. Plea~ call me at 905~529-0656 if you have any questiom or require
additional/nformation,
Sincerely,
Nick DeBenedetti
Encl.
Nick DeBenedetti
5528 Buchal, um Avcnuc
Professiorml Profile
905~329-06S6
· F. xperience working in the Niagara ge~ion Eannin~ Depai:,',i,¢nt
· Hon~ ~ ~ ~phy~ U~ ~ Enfant
· A ~y m~t~ w~r ~o ~ p~ ~ ~h j~ ~ who ~dvt.tt~ ~ ~dcr
Relevant Expericnc~
· Cour~ included Urban/Social 6cography, Frinciplc~ of Planned Urban Change,
Environment and Bchaviour and Internafiomtl Development ~ Envirom-ncnt
· ' Completed fourth year honour~ thcsis dealing with Urban Tourism
· Compiled and amdyzed information rcgardin~ street r~vork files and other factors
affec-ti~ land use
· Conunenced and updated annual housh~ site inventory
· A~d new subdivisions and checked street -_dd. re.sscs of thc Federal Gco~code maps of the
Niagara Region
· ^pplied different policies, zoning bylaws and environmental ~,uiations in identifying
changes in thc housing capacity within phm for development
· Documented findings and recommended land dcvcloi~,icnt concepts and plans for zoning
in rega~ to annual housing sit~ invcntvry
Technical
· Completed G.LS. and map-mal~ course, gained lViaphifo experience durin~ my
Internship
· Enrolled in an AutoCAD certificate program
· Knowledge in operathlg I,B.M. and Apple computer ~ystems and proficient in using
Window~ based ~oftware
Succc.sdully completed welrll.g cotlr~ which included Oxy-acetylene Welding, Shielded
Metal Arc Weldin~ and Gaa Metal Arc Wel,!i.,$
· Operated ami learned operati~ ~ and machine~ quickly
Inspected parts for quality control assurance atut occas/onally grinded small parts when
needed
Performed in a fa~.-paced, labour intemsive enviromt~ent maintainin$ h/~h-qusllty
production
· Obtained DZ licen.~ with Niagara FalB Bridge Commission; snow plowin~ experience
· Involved in cleanin~ the mawmrc of thc brid~e, general painting line~ on the road,
cleaned scale lane~, and cut gra~
Experience drivh~ Cafipiller and ~cet sweeper; responsible for m/nor repairs to the
buildin~ and equipment
· Compacted recycled paper, drove clamp truck and forklift
Nick DeBenexleffi
- 2
l levant continu
· Acquired public Ivla~on ~Id11, fl~ough hl~eraction with custom,Ia
' Owned and asaia~ family rettaarant
' $~ entire ~aff on duty
Work
Machine Op~nttor May 1998 - Nowmb~r 2003
Dana Canada Thorold, Ontario
Mailltellance $~mm~r 1994 ~ December 1997
lq~m,~.ra Fails Bt,klge Commls~on - Qllee~-I~wi/,ioii Brid~c Niagatnt F~IIS, Olltario
3a.~i~ant Platm~v
N'm~ lt~'gion - Planning Dcpa~'anent - Int~p
l~llcr
Ni~a Paper Co-Ltd.
Club Italia
Aasi.ntant Manager
I~na's I~!!~n Family
Eduoation
October 1994 - May 1995
Thorold, Ontario
Surmne~ 1992 and Suntnmr 1995
Niagara Fall~, Ontario
S~ 1991
~y 1986 - ~r 19~
N~a ~, Onto
AutoCAD Cerfifie_~_~ Prognun
Niagara College of Applied Ax~ and Technology
Mohawk College
N'm~ara On Thc Lak~, Ontario
1998
Hamilton, On, trio
Bachelor of Ar~ Honour~ De~r~c ~n Geography, Urban i~rarironmcnlal 1995
Brock University St. ca~rin~ Ontaxio
Ontario ~w.x~d.ry School Diploma - Honour,
St. Paul High S~hool
1991
Niagara Fall~, Ontario
Sport,, Busine,~ and Stock Market
References
905~$74-7655
Niagara ~dl~, Oniario
905-558-6196 - P,~idencc
Antonio Lucisano
Dana Canada
Niat~a Fall~, Ontario
905-556-8350
Walme Thomson
Mayor
Niagara FalI~, Ontar/o
905-S56-7521 - Busine~
905-262~51 ~8 - F,e,~/~ce
Bill smeaion
Lundy Manor Retirement Home
Niagara ~all~ On~rio
905-356-15II
May 12, 2001
EP&G - June 20, 2001 - 6. c)
FAXED: May 14, 2001
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON
L2H 1G9
RE: ENVIRONMENTAL PLANNING& GREENING COMMITrEE
My participation in the preservation of the natural environment began while growing up in
Sta~;fo~d Ce,t, = and altending A.N. Myer School My daily tmveis would take me past a very old
reinforce the trunk and it could stand for many rnore y~ars. It is nice to see that tree still lhem 20
years laterl
I have many years of experience in admini~'al;ve positions winem I gained exccl~--qt computer,
communication and organizational da'lis.
My personal betief in the ~ of our natural resources along with my work expe~ence
would be an asset to this committee and I look foneard to meeting with you at your earliest
Thank you for your consideration. I maybe reached at 905-356-5866.
Janet Krowchuk
JANET M. KROWCHUK
6387 MARANDA STREET
NIAGARA FALLS, ONTARIO
L2G IZ8
(905) 356-5866
SUMMARY OF
PERSONAL & PROFESSIONAL SKILLS
· Communication, Human Relations and Administrative skills enhanced through
administrative assistant and customer service related positions.
· Accounting and Organizational skills broadened through accounts receivable and
collections, inveutogy control, meeting assignment deadlines and secretarial respomibilities.
· Computer Skills increased with several years of work experience in order entry; dam-base
input using the following programs: Microsoft Office (Works, Excel, Word, Access etc.)
WordPerfect 7, Windows 98 and MultiMate as well as through computer education.
· French Language skills increased through French lanqguage studied through two levels of
conversational French at Queen's University.
· Safe work habits and first aid learned through W.H.M.LS. course studied at Niagara College
anti the Safety Oriented First Aid course taught by St. John's Ambulance in 1997.
EDUCATION
1997
1994
1993-1994
1988-1989
-Safety Oriented First Aid - St. John's Ambulance.
-Landscape Deaign Course - Niagara College School of Horticalttwe. Concentrated on
residential land~lpe desi~, plalR nomenclature and idemificatinn foltowed by a four week job
placement.
· Computer Graphics - St. Ann's Adult Learning Centre, Niagara Falls, ON.
Windows applications, Corel Draw and Desktop Publishing.
· Conversational French - Qucen's University, Kingston, ON. Studied two icvels.
1988
1979-1984
· "We'll Make You Feel Incredible" Workshop, hos~'d by She~'atan Brock Hotel.
Enthusiastic and positive approach to customer service and guest relations.
-Completed O.S.S.G.D.at A.N. Myer Secondary School, Niagara Fails
WORK EXPERIENCE
ADMIARSTRATIVE ASSISTANT/ACCOUNTS RECEIVABLE
KENSCOTT LIMITED, St. Catharines, ON
October 1994 - Present
Responsibilities: -screening telephone calls for order desk on multi-line switchboard
-accounts receivable and collections
-working fi.om Aged Trial Balance
-operating multi-software computer system
-balancing daily cash receipts and bank deposits
-processing POS Terminal sales, daily balancing and closing
-providing customer credit references
-secretarial support for sales representatives
-riling
JANET KROWCHUK - Page
CUSTOMER SERVICE & SALES REPRESENTATIVE
THE THIRD LOOP INC., Niagara-On-The-Lake, ON
May - September 1994 (company closed)
Responsibilities: -computer data-base input
-promoted products and concept of "Recycling" to potential
customers and suppliers
-contacted suppliers for product information
-met with potential suppliers to review their products for poss~le
marketing and.sales through our distributorship
-prepared telephone quotes and orders
-prepared shipping documents
ASSISTANT TO SALES & LEASING DEPARTMENT/RECEPTIONIST
MOUNTAINVIEW HOMES, St: Catharines, ON
July 1991-March 1993
Responsibilities: -multi-line switchboard operation
-prepared lease documentation for rental and commercial
properties
-typed new home owner correspondence into data-base
-scheduled appointments for p~sident
-maintained business machines and office supplies
RECEPTIONIST/TYPIST
CANCOIL THERMAL CORP., Kingston, ON
April 1990-April 1991
Responsibilities: -multi-fine switchboard operation
-prepared invoices
-maintained Daily Journal and balanced at month.cnd
-prepared shipping documents
PARTS & SERVICE ORDER DESK
SEARS CANADA INC., Kingston, ON
May 1989-April 1990
Responsibilities: -pans selection & crossover through microfiche
-customer service/counter sales
-computer order entry
-schedule customers' shop and in-home repairs
-receive shipments, update inventory cards
I am concerned ahout the preservation and conservation of thc environment~ I enjoy
garder~g, arts and crafts and participating in omdoor sports.
REFERENCES
Available upon request.
EP&G - June 20, 2001 - 6. h)
ANNA LEE
4423 Kafldeen Cres.
June 6, 2001
The City of Niagara Falls, Parks,
Recreafi'on & Culture ..
7565 Lundy's Lane
Niagara Fnll-~ ON L2H IG9
De~r Sir or Mnan~:
Please accept thi.~ subndssion ns a letter of intet~t to sit ns a full member on the
,~.Environmental Planning & Greening Committee. Most recent I have been appointed
~O~ Commqmity R/~on.rc~s Centre Ma~elll~flt Committee nnd presently on the
~ is a d .e~l. ed remmae for your perusal. The impot'amce ofthi~ Committee
'~~~jrmons job that lies ahead for each o.f its ...m~n .b~ is insurmountable. A
~nvironm~ I' ..?~, the preservation, vrotoction and conservation of the
'~reso...u~s in th~ com,~onity are ~omoth~ we must all take sorionsty. It
~l~e with great pride that given the opportu~ty I assist in greening and
~ a,i;won~ Ci~.
Sincerely,
ANNA LEE
905-354-1558
ANNA LEE
Vdunteer
1988 - 1989 NIAGARA coLLEGE
REAl. ESTATE ~ '.
BUSINESS MAIIXE!lNG
ST. CATHARINES, ON
1976-1980 LORt= i I 0 ACADEMY
SC--(~ONDAR~ ~ DIPLOMA
2000- CUSTOM BREW
TEMI~k~I~,~u= ~ ~1~ FACILITATOR
NIARARA FALLS,ON
1994 - 2000 SOUVENIR STORE
OWNERtOPERATOR
NIAGARA FALLS, ON
1989-2000 REMAX NIAGARA
NIAGARA FALLS, ON
1987-1989 TOWERS DF_PT. STORE
· ENIOR ~FORE INVESllC~I,TOR
1965-1987
LOSS PREVENTION MANAGER
NIAGARA FALLS, ON
1983-1986 ELVIS PRESLEY MUESUM NIAGARA FALLS, ON
ASSlS'TANT MANAGER
1982-1984 PINKERTONS SL=CURITY NIAGARA FALLS, ON
· ECUI~'FY GUARD
READING, FITNESS, LOCAL POLITICS
1993 - 1997 CHILDFIND FUNDRAISING EXECUTIVE
1997- 2000 PROFFr-SIONAL STANDARD ~i
EP&G - June 20, 2001 - 6. f)
:lfalls Rorticultural
May 15 2001
Lori Lightfoot
City of Niagara Falls
Parks, Recreation & Culture
Dear Lori
As per your request I wish to advise that I would like to continue as a
Me~ber of the E~vironmental Planning & Greening Cc~mittee. I have been on
this Committee since 1994 and have Chaired the Trillium Committee for
seven years. As a Member of the Niagara Falls Horticultural Society for
15 years and a Cost Accountant for 47 years I feel that both should be
of value to this Committee.
Yours very truly,
Basil E Schumacher - 7104 Brian Crescent - Niagara Falls Ontario - L2G 3P6
ONTARIO
HORTICULTURAL
ASSOCIATION
May 15 2001
EP&G - June 20, 2001 - 6. g)
Ms. Lori Lightf°°t
The City of Niagara Falls
Parks, Recreation & Culture
7565 Lundy's Lan~
Niagara Falls On%ario
L2H 1G9
Dear Lori:
As District Director of the Ontario Horticultural Association and
Past-President of the Niagara Falls Horticultural Society I would like
to continue as a Member of the Environmental Planning and Greening
Committee. I received the Environmental Award from the City of Niagara
Falls - 1998/1999 for obtaining an Official Rose "Rainbow Niagara"
for our City.
As a ~orticulturalist it is important to be a part of the City-wide
decisions regarding Green Spaces - Brown Lands and Floral Projects.
Thank you for your consideration of this letter of interest.
Sincerely,
Niagara Fails Ontar. io
L2J 3P6
Head Office: P.O. Box 449, Englehart, Ontario POJ 1HO
Secretary: Mrs. Bonnie Warner Phone/Fax: (705) 544-8916 e-Mail: bonnie@ntl.sympatico.ca
EP&G - June 20, 2001 - 6. d)
DAVID SCOTT
3-4~40 Morrison Street
Niagara Falls, ON L2E 2B7
28, 2001
""=' lvlAY 2 9 2001
Ms. Lorl Lightroot
Environmental Planning & Greening Corem/tree
The City of Niagara Falls, Parks Recreation &'Culture
7565 Lundy's Lane * '
Niagara Falls, ON L2H
Dear M~. I,ightfoot:
· This is a letter to express m.v interest In serving on the ENVIRONMENTAL
PL~.G & GREENING COMMITTEE., and to put formed the qualiflcaUons
with I feel that I have to serve on the Committee.
I am a lifelong resident of the City, and I am currently an employee at Dana Canada
in Thorold. Throughout my life, I have keenly followed the issues widch the
community have had to deal ~th. I received an Honours B.A. in Geography and
Urban & Environmental Studies from Brock Unive~ity in 1993, and I have
maintained a great Interest in City Planning and Environmental Issues ever since. I
have a]~o ~J-ved for eight ytmrs (ex~ding in 1998) on the l~eC-renfi0n Commi.c~ion. 1
feel that the combination of education and experience Winch ! possess, plus my desire
to serve the City in this capacity, will be assets which the Committee will find most
helpful.
I Thank You tbr th/s opporttmity to appO'to serve on th/s committee. I therefore
Ash to put forth my name for conslderaUon by City Council, and hope to hear your
reply soon. UnUl then, I Remain,
Yours Truly,
DAVID SCOTT
Terms of Reference
fol'
Environmental Planning &
Greening Committee
City of Niagara Falls
Environmental Planning & Greening Committee
City of Niagara Falls
Terms of Reference
CITY POLICY WITH RESPECT TO MATTERS OF GREENING AND ~
ENVIRONMENT
It is the policy of the City of Niagara Falls to protect and enhance the environment in order to
facilitate and encourage:
a)
b)
c)
d)
e)
the active protection of soil, air and water quality;
the conservation of the important natural resource areas and to provide opportunities for
nature study, recreation and future resource utilization;
the conservation and proper management of water supplies for consumption, recreation,
industrial processes and the production of energy;
the maintenance of healthy resident and migratory wildlife populations and their habitats;
and
the enhancement of the scenic beauty of the Niagara Falls area for the enjoyment of
current and future residents and visitors.
It is also the policy of the City of Niagara Falls to promote a program of"Greening the City"
in order to encourage and facilitate:
a) the protection of waterways, natural areas, trees and other natural resources;
b) the planting of trees;
c) the rehabilitation of derelict sites; and
d) the enhancement &landscaping and streetscaping activities.
2. MANDATE; OF THE ENVIRONMENTAL PLANNING & GREENING COMMITTEE
The Environmental Planning & Greening Committee is a standing Committee of Council of the
City of Niagara Falls established in accordance with the adopted Terms &Reference with the
purpose of developing policies and programs to guide staff and Council on environmental,
natural resources and greening matters.
Terms ofReference~ EP&GC~ City of Niagara Falls~ June 20~ 2001 Page 2
3. VISION
It is the vision of the Committee to encourage strong environmental planning. This would
include the preservation, protection and conservation of natural resources for greening and
beautifying the City.
4. RESPONSIBILITIES
Based on the vision (above), the Committee will establish its priorities and develop a work
program with which to focus its attention. Additionally, the Committee may choose to address
items referred to it by others.
The Committee may consider matters that members deem to be of importance and within the
committee's responsibilities. The Committee will also consider matters referred to it by Council
or Community Services Committee. Additionally, the Committee may also consider matters
identified by members of the public. Such matters should be identified and explained in writing,
addressed to the Chair.
The Committee shall conduct a yearly review of its accomplishments to ensure they are meeting
their mandate.
The Committee's responsibilities will generally relate to, but not limited to, the following areas
of activities:
a) assist in the implementation of the City's Greening Plan by identifying and assessing
various projects and preparing strategies, including budgets, for the projects;
b) monitor the effectiveness of greening projects that have been initiated;
c) to provide and continuously improve a system of parks, trails, and open space adequate
for a wide range of active and passive leisure uses;
d)
to preserve areas of high ecological and aesthetic value in their natural state, for their
value in protecting the environment and providing sustainable educational and leisure
uses;
e) update the City's environmental date base;
f) monitor the status of the City's Official Plan and particularly the Environmental
Protection Area policies;
Terms of Reference, EP&GC, City of Niagara Falls, June 20, 2001 Page 3
g)
h)
i)
J)
k)
l)
m)
review the proposed Zoning By-law update to ensure adequate landscaping provisions
are provided and comply with policies of the Official Plan;
review of regional, provincial and federal policies, guidelines and legislation that may
affect the: environmental policies of the City and in particular, the policies of the Official
Plan;
consider natural resource management matters initiated by other government agencies
through their legislation, plans and programs;
co-ordinate within the Corporation, special environmental projects, such as the Niagara
River Remedial Action Plan and Brownfields;
participate in environmental assessments of proposed projects within the City;
educate and communicate with, the public through public meetings, information and
special events to increase understanding of particular environmental issues;
acknowledge the accomplishments of individuals and groups who have made a
significant contribution to protecting and beautifying the environment; and
n) participate in and promote special events that affect the environment.
5. MEMBERSHIP AND CHAIR
The Cormnittee shall consist of twelve people of which three members will be from City
Council, one a Niagara Falls Regional Council member, one from the Niagara Falls
Nature Club, one from the Niagara Parks Commission and the balance to be citizen
appointees from the community.
b) The Chairperson and the Vice Chairperson will be appointed by the Mayor.
c)
The term of office for members and the chair will be three years, coinciding with the
term of City Council;
d) The Council may invite or appoint new members at any time to replace those who resign.
Terms ofReference~ EP&GC~ City ofNia~;ara Falls~ June 20~ 2001 Pas;e 4
6. PROCEDURES AND PROTOCOL
a) Decision Making
The Committee will strive to reach informal consensus on matters it wishes to advise City
Council when those matters are of a general or guiding nature, however when advice of
a specific nature requiring Council action is indicated, it will be by resolution. When
consensus is not possible, the nature of the reservations held by some members should be
duly recorded along with the prevailing views.
A resolution of the Committee will be adopted on a motion, carried by simple majority
vote. A quorum will be required.
A quorum consists ora minimum of 50% of the voting members of the Committee.
b) Meetings
i) Meetings of the Committee will normally be held on the third Wednesday of each
month at 4:30 p.m. or at the call of the Chair.
ii) Meetings will generally be held at City Hall.
iii) Meetings will generally be open to the public. From time to time, the Committee or
the Chair may call an in-camera session to discuss personnel matters, matters of
litigation and financial issues.
c) Protocol
i) Prior to the first regular meeting in the new term, the Chairperson and the Vice
Chairperson shall be appointed for the duration of the term by the Mayor.
d) Conflict of Interest
The Conflict of Interest Act for municipal Aldermen shall apply in dealing with matters
before the Committee.
e) Subcommittee of Staff Direction
The Committee may, from time to time, deem it appropriate to establish a subcommittee,
Terms ofReference~ EP&GC~ City of Niagara Falls~ June 20~ 2001
Pa~e 5
or direct staff, to research and prepare discussion reports on specific aspects of the
Committee's responsibilities. The Committee will review the report prepared by the
subcommittee or staff and determine appropriate action.
f) Administration and Support
The Committee's general administrative and support needs will be met by Parks,
Recreation & Culture, and the Planning and Development Departments. Each City
department will provide the required research, background information, etc. required for
Committee deliberations, and will ensure their department's participation in projects as
directed by the Committee.
Budget
Costs associated with the normal administration and special projects related to the
Committee's activities will be taken from the committee's budget, established annually
by Council. This budget will be administered through Parks, Recreation & Culture and
Planning and Development Departments at the discretion of the Committee and will
Council's prior approval for major disbursements.
LIAISON
In the interest of efficiency and protocol, the Committee will lialse with others, as follows:
a) City Council
i) Ensure that Council is made aware of major work programs, activities and the
operational budget of the Committee
ii) Ensure that Council policies are reflected in the Committee's operations
iii) Provide recommendations to Council, where appropriate, on matters relating to the
Committee's mandate
b)
Other Committees of Council
i) Establish and maintain liaison with other committees.
ii) Hold joint meetings with other committees to discuss common issues, as required.
Terms of Reference~ EP&GC~ City ofNia~;ara Falls~ June 20~ 2001 Pase 6
c)
Outside Agencies, Organizations and the Public
i)
Lialse with the regional, provincial and federal governments and their agencies, as
well as their counterparts in the United States of America, and with special interest
groups and individuals, and other City agencies as required to conduct its activities.
ii) Maintain such relationships as are deemed necessary and appropriate to the best
interest of Council.
iii) The Committee will fi.om time to time invite other persons to participate in
Committee deliberations in order to benefit fi.om additional expertise pertaining to
subjects being discussed, or to be briefed on the policies and activities of government
bodies or other organizations dealing with matters relating to these subjects.
AMENDMENT OF TERMS OF REFERENCE
The Committee may direct staffto prepare draft amendments, and/or revisions to the Terms of
Reference at any time. The Committee will obtain Council approval before such amendments
and/or revisions take effect.
S 5Environmental Planmng & Greening\Terms of Reference\Terms of Reference 2001.wpd
The City of
~liagara Falls
-anada
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) 3567521
Fax: (905) 356-2354
E-mail: planning@city.niagarafalls.on.ca
May 16, 2001
Doug Darbyson
Director
PD~00145
Alderman Selina Volpatti, Chairperson
and Members of the Environmental Planning & Greening Committee
City of Niagara Falls, Ontario
Member:
Re: PD-2001-45, Implementing the Niagara River
Remedial Action Plan
RECOMMENDATIONS:
It is recommended that:
1)
the Environmental Planning & Greening Committee support the Niagara River
Remedial Action Plan Implementation Annex;
2) this report be forwarded to Council for approval; and
3)
copies of this report be forwarded to the Niagara Peninsula Conservation Authority
once endorsed by Council.
BACKGROUND:
The Niagara Peninsula Conservation Authority has prepared an implementation report as an annex
to the Niagara River Remedial Action Plan (NRRAP). The Niagara River Remedial Action Plan
(NRRAP) is a eomprehenalve document prepared in response to concerns over the Niagara River's
ecosystem. The Niagara River Area of Concern is shown on Schedule 1. The NRRAP was
developed by a team of technical experts fxom the Federal and Provincial environment offices and
resource agencies with the advise and assistance of the Public Advisory Committee (PAC)
comprised ofeommtmity representatives. The goals and objeefivas of the NRRAP were endorsed
by the City in 1995. The Niagara penin,qula Conservation Authority (NPCA) has been given the
responsibility to coordinate the implementation of the Remedial Action Plan.
THE IMPLEMENTATION ANNEX:
The completed Implementation Annex outlines a plan and process for achieving Stage H RAP goals
and implementing recommendations in order to clean up the Niagara River Watershed and have the
Working Together to Serve Our Community
Clerk's Finance Human Resoumes Information Systems Legal Planning & Development
May 16, 2001
- 3 - PD-2001-45
promote maintenance and repair of rural septic systems; reducing discharges from the
Oswego Creek Lagoon, the Glanbrook landfill and Hamilton airport; promoting best
management practices in the agricultural community; encouraging better erosion and
sedimentation control in new development; efforts to reduce the use of road salt; working
with the municipalities to eliminate combined sewer overflows; and restoring natural areas
and increasing the amount of forest, wetland and riparian cover.
2) Monitoring the progress of the Welland River Strategy.
3)
Liaison and partnership with community groups and other partners, focussing on efforts
targeted at developing action plans to deal with identified problems.
Theme 5: Beneficial Use Impairments Related to Recommendations That Can Not Be
Addressed At The Local Level
A number of RAP recommendations can only be dealt with at the Provincial and Federal levels. An
example would be regulations for the treatment or exchange of ballast water from ships to avoid the
introduction of exotic species. The RAP's role will be to report on Federal and Provincial response
to the RAP recommendations.
Theme 6; The Niagara River RAP Implementation Framework
The Implementation Strategy is structured to provide three key functions:
1)
To facilitate partnerships with organizations that have clearjurisdictionalresponsibilities for
addressing RAP issues.
2) Compile and communicate an annual progress report.
3)
Provide a central focus, in the RAP coordinator, for all activities related to the Niagara River
RAP.
MUNICIPAL ROLE:
The success of the Plan will be largely based on cooperation amongst government agencies, private
companies, special interest groups and the general public. The Municipalities will have a role in
several areas covered by the Plan. The municipality will be expected to play a key role in the virtual
elimination of combined sewer overflows. In this respect, the City of Niagara Falls has developed
a comprehensive strategy to: control and/or eliminate combined sewer overflow, provide
consideration for storm water pollution control and to determine the requirements for future
servicing and infi'astructure rehabilitation.
The Region of Niagara is required to play a leadership role in ensuring municipalities incorporate
ecological based planning policies in their Official Plan. The City is currently in the midst of an
Official Plan update to ensure it's policies will comply with Provincial Policy Statements and ensure
appropriate protection for natural features such as significant woodlands, valley and stream corridors,
habitat areas and wetlands.
SCHEDULE 1
I
I
I
I
i
1
SCHEDULE 2
BENEFICIAL USE IMPAIRMENT RELATED TO:
PERSISTENT TOXIN LOAD TO THE NIAGARA RIVER
Activities to reduce persistent toxic load to the Niagara River are the highest priority for Niagara River RAP
Implementation. In the Stage II RAP Report, 11 of the 16 goals (see below) and.14 of the 36 (pages 5 & 6)
recommendations relate directly to this theme.
The key rele of the Niagara River RAP will be to liaison with the partners responsible for implementing the
activities to address the Stage II RAP Recommendations. Progress will be monitored and summarized in an
annual indicator report. This report will be released annually to the public in order to provide an update to
the progress being made. The RAP and other partnem will also be directly involved in encouraging industry,
business and government participation in the 'Pollution Prevention Pledge' (P-4) and 'Accelerated
ReductionJElimination of Tox'~.s' (ARE-T) programs.
Stage II RAP Goals
To preserve and restore a good quality sustainable habitat in the Niagara River through the virtual elimi-
nation of the discharge of pollutants, with the ultimate goal of zere discharge of pereistent bio-accumula-
tive toxics.
2. Seek extensions to the NRTMP goal of a 50% reduction of 10 chemicals, for further reductions by the
year 2000, with eventual complete elimination of toxic discharges (NRTM P goals revised in 1996).
3. Continually improve the quality of treated discharges of municipal and industrial sewage effluent, with no
spills or discharges causing fish kills or other undesirable impacts.
4. Reduction and virtual elimination of Combined Sewer Ovedlows (CSO"s).
To improve environmental quality so that there are no adveree effects or dsks to human, animal and
plant life so that consumption guidelines are eliminated, and water can be used without restriction for all
desired uses.
6. Remediate and restore ~e Niagara River ecosystem so that human health is protected from deteriora-
tion from persistent toxics and pathogens.
7. Reduce and maintain bacterial, visibility, and toxic chemicals to levels to permit safe swimming.
8. Ensure water quality is sufficiently free of contaminants to be suitable for potable water after treatment
in a modem plant, for industrial uses with minimal treatment, and for agricultural use.
9. Maintain and improve fish and wildlife habitat to encourage populations at healthy, contaminant free,
self-sustaining levels without fear of bio-accumulation.
10. To reduce non-point soumes ol pollutants, including sediments, and eventually eliminate discharges of
persistent bio-accumulative toxics.
11. Identify and correct contaminated sediment sites so that benthic community structure and toxicity is sim-
ilar to unimpacted sites.
4
The City of
Niagara Falls
Canada
Community Services Department
Perks, Recreation & Culture
7555 Lundy's Lane
Niagara Fells, ON L2H IG9
web site: www.city.niagamfslls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on,ca
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2001-29
Adopt-A-Walkway Program
Brian Crescent and Harriman Street
RECOMMENDATION:
For the information of Council.
Adele Ken
Director
R-2001-29
BACKGROUND:
Further to the direction of Council dated February 5, 2001, it was recommended that the walkway
between Brian Crescent and Harriman Street remain open and staff coordinate the efforts for the
upkeep and maintenance of the walkway through residents and schools in the area.
Fred Goldrup, Principal of Prince Philip School has agreed to assist with thc proposed walkway
clean-up and will sign the agreement as the head volunteer. Neighbouring schools and residents
have agreed to assist with the clean-up and enter into an Adopt-A-Walkway Agreement. Attached
is a copy of the proposed Agreement.
Director of Parks, Recreation & Culture
Anproved by: , ,
J_phn MacDonald /
~,,Executive Director of Community Services
LL/das
. ectfully Sub~"~d:
Edward P. LUStig~
Chief Administrative Offi~
Attachment
S:\Council\Coun¢i1200 I~R-2001-29.wpd
Working Together to Serve Our Community
Municipal Works Fire Sendces Parks, Recreation & Culture Business Development
THIS AGREEMENT made this ~c~ day of ~-~'~- ?,D.O~ [
BETWEEN:
FRIENDS OF THE BRIAN CRESCENT & HARRIMAN STREET
WALKWAY I
Hereinafter called the "Volunteers"
(as set out in Schedule "C" attached hereto)
of the FIRST PART;
THE CORPORATION OF THE CITY OF NIAGARA FALLS,
Hereinafter called the "City",
of the SECOND PART;
WHEREAS the City's Adopt-A-Walkway Program has been established as a public
service program for Volunteers to be responsible for litter pick up, weed pulling, etc. along a selected
walkway;
AND WFIEREAS the Volunteers have agreed to partidpate in the program subject
to certain terms and conditions set out herein.
NOW THEREFORE THIS AGREEMENT wrTNESSETIt that in consideration
of the premises and the mutual covenants, the parties hereto agree with each other as follows:
The lands affected by this agreement are described in Schedule "A" attached hereto.
2. The Volunteers shall appoint or select an authorized group representative to attend
safety meeting provided by the City and, in turn, supply safety training to the Volunteers. All
participants must receive and be familiar with the contents of the safety brochure "Safety Guidelines
for Volunteers" before participating in the clean up of the adopted walkway.
3. The Volunteers shall obey and abide by all laws and regulations relating to safety and
such terms and conditions as may be stipulated by the City from time to time, and abide by the rules
and conditions set out in Schedule "B" attached hereto.
4. The Volunteers shall indemnify, save, defend and keep harmless from time to time and
at all times, the City of, fi'om and against all actions, causes of action, interest, claims, demands, costs,
charges, damages, expenses and loss which the City may at any time bear, incur, be liable for, sustain
or be put unto for any reason or on account of or by reason of or in consequence of the City entering
into this agreement.
5. The Volunteers release and forever discharge The Corporation of the City of
Niagara Falls, its o~cers and employees from any and ail actions, causes of actions, claims and
demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have
been or may herea~er be sustained to any persons or property arising out of or connected with
actively participating in this Adopt-A-Waikway Program.
Volunteers.
The City shall confirm the specific section of a City walkway to be adopted by the
7. The City shall provide safety information and training, trash bags, flags, to the
Volunteers upon receiving notice prior to the beginning ora clean up.
8. The City shail erect sign(s) with the Volunteers' name displayed at one end of the
adopted walkway, unless, in the opinion of the City erected signs would jeopardize the program, be
counter-productive to its purpose, or create a hazard to the safety of the general public, or be in
conflict with City policy.
9. The City shall remove and dispose of filled trash bags following the clean up and a
designated location.
10. The City shall remove litter such as large, heavy, or hazardous items that have been
flagged by the Volunteers for pick up by the City.
11. The City shall monitor activities of the Adopt-A-Waikway Program to ensure that
objectives of the program are being met.
12. The City shall have sole approval as to the name, titles or words to be placed on any
Adopt-A-Walkway Program signs.
13. Either party may terminate this agreement at any time upon 30 days notice given in
writing to that effect to the other party and the Volunteers shall forthwith surrender to the City any
and all articles and signs provided by the City under this agreement.
14. Any notice to be given pursuant to this agreement may be delivered or sent by prepaid
first class mail or facsimile transmission to the Volunteers and the City as follows:
Prince Philip Public School
3112 Dorchester Road, North
Niagara Falls, Ontario
L2J 2Z7
Attention:
Telephone:
C. Fred Goldrup
(905) 356-05:~
, ,II
Fax: (905) 356-2163 (business)
The City:
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
NIAGARA FALLS, Ontario
L2E 6X5
Attention:
Telephone:
Fax::
Dffe~or of Parks, Recreation & Culture
(905)356-7521, Ext. 4330
(905)356-7404
15. Any such notice, if mailed, shall be conclusively deemed to be given to and received
by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission,
on the date the facsimile transmission was sent.
16. Wherever the singular or masculine is used in this agreement, they shall be construed
as if the plural or the feminine or the neuter has been used where the context or the party or parties
hereto so require, and the rest of the sentence shall be construed as if the grammatical and
terminological changes thereto rendered necessary had been made and all covenants herein contained
shall be construed to be several as well as joint.
IN WITNESS WHEREOF the Volunteers have hereunto set their hands and seals and
the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing
officers in that behalf and the said signing officers certify that they have authority to bind the
corporation.
In the Presence of
)
) Name:
)
) Name:
)
) THE CORPORATION OF THE CITY
) OF NIAGARA FALLS
)
)
) Name: Wayne Thomson
) Title: Mayor
)
)
) Name: E. C. Wagg
) Title: City Clerk
SCHEDULE "A"
to an Agreement dated the
between
day of
VOLLrNTEERS
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
The City of Niagara Falls recognizes the groupfmdividual, named above, as being
responsible for the adoption of the following wakway:
to
Walkway from Brian Crescent
Harriman Street a distance of .5 kilometres.
SCHEDULE "B"
to an Agreement dated the day of
between
VOLUNTEERS
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
1. The Volunteers shall make arrangements for travel to the work site.
2. The Volunteers shall ensure provision of all supervision, safety equipment and
medical/first aid service to its fellow Volunteers.
The Volunteers shall pick up litter on their assigned walkway a minimum of three
times per year.
4. The Volunteers shall be encouraged to sort litter into four different categories: glass,
plastic, metal, and "other" refuse to facilitate disposal procedures.
5. The Volunteers shall give the Director of Parks, Recreation & Culture or his/her
designate of the City 48 hours notice prior to beginning ora clean up.
6. The Volunteers shall collect litter only along the adopted walkway.
7. The Volumeers shall not pick up litter along any vehicular travelled road surface,
medians, bridges in tunnels, on overpasses, or around other structure or locations that could pose a
danger.
The Volunteers shall wear clothing that will not impair vision or movement during
dean up.
9.
10.
The Volunteers shall provide adult supervision for youth participating in the clean up.
The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs or
alcoholic beverages immediately before or during clean up activities.
11. The Volunteers shall suspend litter pick up when weather conditions become inclement
(i.e. fog, rain, dri?~le, high wind, electrical storms, etc.)
12. The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour
be fore sunset).
13. The Volunteers shall flag closed containers, heavy objects, or suspended hazardous
materials for pick up and disposal by City staff
14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on
City property to the nearest police station.
15. The Volunteers shall ensure that no signs, posters, or other display material are
brought to the adopted section during or between clean up.
16. The Volunteer shah place filled trash bags at the designated pick up sites as
prearranged by the City's Director of Parks, Recreation & Culture or his/her designate and the
Authorized Group Representative.
17. The: Volunteers shall notify the City immediately after each clean up in order for litter
bags to be removed by City staff.
18. The Volunteers shall ensure that litter pick ups do not occur on the dates noted in
Schedule "C" attached hereto.
19. The Volunteers shall return all inventory to the City at the completion of an Adopt-A-
Walkway clean up day unless it is renewed.
SCIIE~DULE "C"
to an Agreement dated the
between
day of
VOLUNTEERS
and
THE CORPORATION OF THE crrY OF NIAGARA FALLS
LIST OF VOLUNTEERS
Niagara Fallslll~
Can~~
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: rnunwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2001-99
File G-180-01
July 16, 2001
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MW-2001-99
Municipal Parking & Traffic Committee
Recommendations - June 19, 2001 Meeting
RECOMMENDATIONS:
1) MW-2001-40 - Drummond Road at North Street - School Crossing Guard Review
It is recommended that the assistance of a school crossing guard be removed from the
intersection of Drummond Road and North Street.
2)
MW-2001-58 - Willoughby Drive between Weinbrenner Road and Marshall Road
Traffic Operations Review
It is recommended that:
an all-way stop control not be installed at the intersections of Willoughby Drive
at Weaver Road and Willoughby Drive at Miller Road;
a "50 km/h Ahead" sign be installed facing northbound motorists on
Willoughby Drive at a point 425 metres south of Weinbrenner Road; and,
3. that staff post additional 60 km/h sign along Willoughby Drive.
3)
MW-2001-68 - MacDonald Avenue, Powell Avenue, Stamford Street
Heavv Vehicle Restriction
It is recommended that:
heavy vehicles, including buses, are prohibited on MacDonald Avenue between
Roberts Street and Stamford Street;
heavy vehicles, including buses, are prohibited on Powell Avenue between
Roberts Street and Stamford Street;
July 16, 2001
4.
-2- MW-2001-99
"no buses" tabs are installed below the existing "no heavy vehicles" signs on
Stamford Street between Victoria Avenue and Stanley Avenue; and,
5. the above restrictions, be augmented with signs indicating "up to $5,000 fine"
MW-2001-69 - All-Way Stop Control Policy - Warrant Revision
It is reconamended that:
1. the revised document "Policy and Procedures for Initiating, Reviewing and
Implementing an All-Way Stop Control" be adopted; and,
2. the warrants be re-evaluated following a 2-year implementation period.
MW-2001-70 - Gunning Drive at Oliver Street - Request for All-Way Stop Control
It is recommended that:
1. an all-way stop control be installed at the intersection of Gunning Drive and
Oliver Street;
2. a crosswalk be applied on the northwest intersection approach only;
3. a "turn" sign be installed on:
i) Gunning Drive 81 metres southwest of Oliver Street facing
southwestbound motorists;
ii) Parliament Drive northwest of Mackenzie Drive facing northwest bound
motorists;
4. a "pedestrian" sign be installed on:
i) Gunning Drive northeast of Oliver Street facing northeast bound
motorists;
ii) Gunning Drive west of Willoughby Drive facing west bound motorists;
5. the existing "playground" sign on Gunning Drive 26 metres southwest of Oliver
Street facing southwest bound motorists be replaced;
6. the existing "playground" sign on Oliver Street 19 metres southeast of Welland
Avenue facing southeast bound motorists be replaced;
7. the existing "curve ahead" warning on Gunning Drive 113 metres northeast of
Oliver Street facing northeast bound motorists be replaced with a "sharp curve
ahead" warning sign and be supplemented with a 40 km/h advisory speed tab
and be relocated 105 metres southwesterly;
July 16, 2001
8.
-3- MW-2001-99
a "sharp curve ahead" warning sign supplemented with a 40 km/h advisory
speed tab be installed on Gunning Drive west of Mears Crescent facing
x~estbound motorists;
9. "school area" signs be installed on:
i) Gunning Drive 100 metres northeast of Oliver Street facing southwest
bound motorists;
ii) Gunning Drive northeast of Parliament Drive facing northeast bound
motorists;
iii) Oliver Street northwest of MacKenzie Drive facing northwest bound
motorists;
iv) Welland Avenue northeast of Sophia Street facing northeast bound
motorists; and,
10. Neighbourhood "Speed Watch" Program brochures be distributed to
homeowners residing in the Oliver Street and Gunning Drive study area.
Mvq-2001-71 - Fourth Avenue at Jepson Street - Request for All-Way Stop Control
It is recommended that:
1. an all-way stop control be installed at the intersection of Fourth Avenue at
Jepson Street;
2. a "No Standing" restriction be implemented on the east side of Fourth Avenue
from Jepson Street to a point 20 metres south of Jepson Street; and,
3. a "No Parking" restriction be implemented at all times on the east side of Fourth
Avenue from a point 20 metres south of Jepson Street to a point 44 metres south
of Jepson Street (south of the driveway to the Salvation Army Eventide Home).
MW-2000-74 - Nadia Court - Parking Review
It is recommended that no changes be made to on street parking on Nadia Court at this
time.
MW-2001-91 - Fallsview Area Pay Parking Review
It is recommended that:
1. pay parking not be implemented on Fallsview Blvd. between Murray Street and
Robinson Street;
2. pay parking not be implemented on Robinson Street between Fallsview Blvd.
and Clark Ave.; and,
July 16, 2001 -4- MW-2001-99
residential permit parking be implemented on Robinson Street between
F~fllsview Blvd. and Stanley Ave.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of June 19, 2001, considered the
matters noted and furmulated the recommendations above.
Council's concurrence with the recommendations outlined in this report would be appreciated.
Respectfully submitted by:
for' Alderman Kim Craitor, Chairperson,
Municipal Parking & Traffic Committee
V:~2001COUNCIL~001 07 16~lvlW2001-99.wpd
The City of
Niagara Falls ll~J
Corporate Serwces Department
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: wwagg@city.niagarafalls.on.ca
July 16, 2001.
CD-2001-06
E.C. Wagg
City Clerk
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re:
CD-2001-06
Renewal of Franchise Agreement between the City of Niagara Falls
and the Consumers Gas Company Ltd.
RECOMMENDATIONS:
That Council approve the form of the draft By-law and franchise agreement and adopt the
attached resolution.
That Council agree to a six-month extension to the existing agreement to provide for the
appropriate approvals process to take place.
BACKGROUND:
As members may recall, our existing franchise agreement with the Consumers Gas Company Ltd.,
expired on August 27, 1999 but has continued in effect, by way of six-month extensions agreed to
by Council, and effected by the issuance of Interim Orders of the Ontario Energy Board (O.E.B.).
This method of short extensions was agreed to by the O.E.B. because they and the Association of
Municipalities of Ontario (A.M.O.) were negotiating a new Model Franchise Agreement. This task
has now been completed and we are being requested by Enbridge Consumers Gas to renew our
Franchise Agreement in accordance with the approved Model Agreement.
Staff have reviewed the Model and have met with representatives of Enbridge Consumers Gas and
are recommending that Council approve the Agreement by the adoption of the attached resolution
which is then forwarded to the O.E.B. for approval. Subsequent to O.E.B. approval Council will
then be asked to pass the By-law which will authorize the Mayor and Clerk to enter into the
agreement.
..2
-2-
It is anticipated that the approvals process will take upwards of six months, therefore, Council is also
requested to agree to a six-month extension of the existing Agreement.
Prepared by:
E. C. Wagg,
City Clerk
Approved by
T. Ravenda
Executive Director of Corporate Services
Respectfully submitted:
ECW:Iw
3401 Schmon Pkwy
P. O. Box 1051
Thorold ON L2V 5A8
Tel: [905] 685-5441
Toll Free: 1-800-461-0998
John B. Graham, P. Eng.
General Manager - Niagara
Tel : [905] 641-4853
Fax: [905] 984-4758
Email john.graham @ cgc.enbridge.com
RIDGE
Consumers Gas
2001-06-29
Mr. WoodyWagg
Clerk, City of Niagara Falls
P.O. Box1023
Niagara Falls, ON L2E 6X5
Dear Mr. Wagg:
RE: Renewal of Franchise Agreement between The Corporation of the City of
Niaqara Falls and The Consumers' Gas Company Ltd.
As you are aware, the current gas Franchise Agreement between the City of Niagara
Falls and The Consumers' Gas Company Ltd. expired on August 27, 1999. In the
meantime, four Interim Orders have been issued by the Ontario Energy Board, the
fourth of which is due to expire August 27, 2001. I am writing to you to request your
assistance in renewing the franchise in accordance with the requirements of the Ontario
Energy Board ("OEB").
To assist you in your review of this matter,.I am enclosing the following documents for
your review and information:
1. a copy of the current Franchise Agreement
a copy of the proposed Resolution and draft by-law (a copy of these documents
is available for each of your Councillors, if required),
Your office normally arranges for the franchise agreement to be considered by Council
by placing the matter on a Council meeting agenda. Council meets to consider and
pass the Resolution. The draft by-taw and Franchise Agreement are not completed at
this time. They should, however, remain attached to the Resolution.
Please be assured that we are renewing all franchise agreements using the 2000 Model
Franchise Agreement which was approved for use in Ontario by the OEB in 2000. A
copy o1 the Franchise Handbook and the 2000 Model Franchise Agreement endorsed
by the OEB are also attached.
2001-06-25
Page 2
The current Franchise Agreement has a term of twenty years. The Company would like
the same term to apply for the new agreement. In this regard we have, therefore,
inserted this term on page three of the enclosed Franchise Agreement.
The entire renewal process will probably take six to eight months. Please arrange to
have the Resolution passed by Council in a timely manner in order to allow sufficient
time for the entire regulatory process to be completed.
I am available to attend at Council, or meet with you further, at any time.
We look forward to continued service to the Municipality of the City of Niagara Falls and
its residents.
Yours truly, ~.~
General Manager - Niagara
JBG:sls
Encls.
c.c: The Honourable Mayor Thomson
3401 Schmon Pkwy
P. O. Box 1051
Thorold ON L2V 5A8
Tel: [905] 685-5441
Toll Free: 1-800-461-0998
John B. Graham, P. Eng,
General Manager - Niagara
Tel [905] 641-4853
Fax [905] 984-4758
Emall john.graham@cg¢.enbridge.com
ENBRIDGE
Consumers Gas
2001-06-29
His Worship Mayor Thomson
City of Niagara Falls
P.O. Box 1023
Niagara Falls, Ontario L2E 6X5
Dear Mayor Thomson:
RE: Renewal of Franchise Agreement between The Corporation of the City of
Niagara Falls and The Consumers' Gas Company Ltd.
The current gas Franchise Agreement between the City of Niagara Falls and The
Consumers' Gas Company Ltd. Expired on August 27, 1999. In the meantime four
Interim Orders have been issued by the Ontario Energy Board. The forth of which is
due to Expire August 27, 2001. The Company has written to the Clerk requesting his
assistance in renewing the franchise, as is required pursuant to the Municipal
Franchises Act for the purpose of supplying gas to the inhabitants of the City of Niagara
Falls. A copy of said letter is enclosed for you~' review.
May I request that you proceed with having the Resolution passed at your earliest
convenience.
If assistance is required, or attendance at a Council meeting is desired, please contact
me in this regard.
Yours truly
~m, '~'. Eng.
General Manager- Niagara
JBG:pls
Encls.
cc: Clerk
THIS AGREEMENT made the (~ 7-h' dayof s,a ?ra'.r~a'a'~ t 197~
THE CONSUMERS' GAS COMPANY
hereinafter called the "Company"
OF THE FIRST PART
and
THE CORPORATION OF THE CITY~
OF NIAGARA FALLS
hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Company desires to distribute and sell gas (which term shall mean and include natural
gas, manufactured gas, synthetic gas, or liquefied petroleum gas, and includes any mixture of natural gas,
manufactured gas, synthetic gas, or liquefied petroleum gas, but does not include a liquefied petroleum gas that is
distributed by means other than a pipe line) in the Municipality upon the terms and conditions hereinafter set forth.
AND WHEREAS by By-law passed by the Council of the Municipality, the Mayor and
Clerk of the Municipality have been authorized and directed to execute, seal and deliver this Agreement on behalf
of the Municipality.
NOW THEREFORE THIS AGREEMENT WITNESSETH that for valuable consideration, (the receipt
and sufficiency of which is hereby acknowledged):
1. The consent, permission and authority of the Municipality are hereby given and granted to the Company, to
supply gas to the Municipality and to the inhabitants thereof and to enter upon all highways now or at any time
hereafter within the jurisdiction of the Municipality and to lay, maintain, operate and repair such mains and pipes as
the Company may require therein and thereon for the transmission and supply of gas in and through the
Municipality together with the right to construct, maintain and repair all necessary regulators, valves, curb boxes,
safety appliances and other appurtenances that may be necessary in connection with the transmission and supply of
gas in the Municipality.
2. The Company shall well and sufficiently restore forthwith to as good condition as they were in before the
commencement of the Company's operation to the satisfaction of the Municipal Engineer (which term means from
time to time such employee of the Municipality as the Municipality shall have designated as such for the purposes of
this Agreement, or failing such designation, the senior employee of the Municipality for the time being charged
with the administration of public works and highways in the Municipality) all highways, squares and public places
which it may excavate or interfere with in the course of laying, constructing, or repairing or removing of its mains,
pipes, regulators, valves, curb boxes, safety appliances and other appurtenances and shall make good any settling
or subsidence thereafter caused by such excavation, and further, in the event of the Company failing at any time to
do any work required by this Section the Municipality may forthwith have such work done and charged to and
collect from the Company the cost thereof and the Company shall on demand pay any reasonable account therefor
certified by the Municipal Engineer.
3. The Company shall at all times wholly indemnify the Municipality from and against all loss, damage and iniuD,
and expense to which the Municipality may be put by reason of any damage or injury to persons or property
resulting from the imprudence, neglect or want of skill of the employees or agents of the Company in connection
with :he construction, repair, maintenance or operation by the Company of any of its works in the Municipality.
surface of any ~ughway shall be made or done unless a permit therefor has first been obtained from the smd
MuniCipal Engineer and all such works shall be done under his supervision and to his satisfaction.
5. TI. .ocation of all pipes and works on said highways shall be subject to the direction and approval of the
Municipal Engineer and all such pipes and works, whenever it may be reasonable and practicable, shall be lind in
and along the sides of said highways.
6. The Company before beginning any new work in the said Municipality under ',his Agreement, save and except
lateral service pipes, shall file with the Municipal Engineer a plan drawn to scale showing the highways in which it
proposes to lay mains, and pipes, and the particular parts thereof it proposes to occupy for any of such purposes
together with definite written specifications of the mains, pipes and works proposed to be laid or constructed by it,
specifying the materials and dimensions thereof, and the depth at which the same are to be laid, and stmilar plans
and specifications shall be filed with the said Municipality of all extensions of, 6r additions to such mains, pipes, or
works before an,,, such extensions or addition shall be bel~un. Provided further that the Company shall provide the
Municipal Engineer with a revised plan of the location o'f any main should there be any alteration
in the plan originally filed with the Municipal Engineer and shall notify and obtain the approval of
the Municipal Engineer before undertaking any work involving the change in location of any main.
6A. ii tn the course of constructing, reconstructing, changing, altering or ~mprovtng any t~tgt, way
or municipal utll-ty it becomes necessary to sake up, remove or change the location of appliances
or works placed on or under the highway by the Company, the Company shall remove and
relocate such appliances or works, and the cost thereof shall be apportioned in the manner
prescribed by The Public Service Works on Highways Act, R.S.O. 1970, Chapter 388, Section 2 and
amendments thereto.
7. The Company shall use at all times proper and practicable means to prevent the escape or leakage of gas from its
mains and pipes and the causing of any damage or injury therefrom to any person or property.
8. The rates to be charged and collected and the terms of service to be provided by the Company for gas supplied by
it under this franchise shall be the rates and the terms of service approved or fixed by the Ontario Energy Board or by
any other person or body having jurisdiction to approve or fix such rates or terms of service. Any application to
approve or fix rates to be charged and collected or terms of services to be provided by the Company for gas supplied
by it shall be made in accordance with The Ontario Energy Board Act, R. S .O. 1970, Chapter 312, as amended from
time to time or any other statute regulating such application.
,knowingly
9. The Municipality. will noubuild or permit any Commission or other public utility or person to build any structure
or structures encasing any mains or pipes of the Company.
10. (al This Agreement and the respective rights and obligations hereunto of the parties hereto are hereby declared
to be subject to the provisions of all regulating statutes and to all orders and regulations made thereunder and from
tirae to time remaining in effect; and in event of any dispute or disagreement between the parties hereto as to the
meaning or interpretation of anything herein contained or as to the performance or non-performance by either of
such parties of m'~y of the provisions hereof or as to the respective rights and obligations of the parties hereto
hereunder, either such parties may refer such dispute or disagreement to arbitration under the provisions of
Paragraph I0 (b) hereof.
(b) Whenever The Municipal Arbitrations Act R.S.O. 1970, Chapter 286 shall extend and apply to the
Municipality any references to arbitration pursuant to the provisions of Paragraph 10 (al hereof shall be to the
Official Arbitrator appointed under the Act and shall be governed by the provisions of that Act. At any other time
the procedure upon an arbitration pursuant to the provisions of the said Paragraph 10 (al shall be as follows:
Within twenty days after the written request of either of the parties hereto for arbitration each of them
shall appoint one arbitrator and the two so appointed shall, within twent3' days after the exptfing of such
twenty day Deriod select a third. In case either of the parties hereto shall fail to name an arbitrator within
twenty days after the said written request for arbitration, the arbitrator appointed shall be the only
arbitrator. In case the two arbitrators so appointed are unable to agree on a third arbitrator within twenty
days after the expiry of the first twenty day period above mentioned, application shall be made as soon as
reasonably possible to any Judge of the Supreme Cout~ of Ontario for the appointment of such third
arbitrator. "i"h..e arbitrator or arbitrators so appointed shall have all the powers accorded arbitrators by The
Arbitration Act. R.SO. 1970, Chapter 25 as from time to time amended, or any Act in substitution
therefor. The decision of the said arburator or arbitrators (or of a majority of such arbitrators) shall be
final and bindin~ on the oamies heretr..
t )~ in me event ot rne company oelng preventea lrom carrying out its OOllgatlons untler this Agreement ny reason
of any cause beyond its control, the Company shall be relieved from such obligations while such disability
continues and in the event of dispute as to the existence of such disability such dispute shall be determined as
herei""'efore provided. Provided, however, that the provisions of this Paragraph 11 shall not relieve the Company
from .y of its obligations as set out in Paragraph 3 hereof.
12. The franchise hereby granted shall be for a term of twenty(20)years from and after the f'mal passing of the
By-law; provided that ff at any time prior to the expiration of the said term of twenty(20) years or prior to the
expiration of any renewal thereof, the Company shall notify the Municipality in writing that it desires a renewal
thereof for a further period, the Municipality may but shall not be obhged to renew by By-law this Agreement from
time to time for further periods not exceeding twenty(20) years at any time.
13. The Company shall pay the cost, charges and expenses of the Municipality. and of its Solicitor of and incidental
to, the preparation and passing of such By-law and this Agreement.
14. For the purpose of this Agreement and of any matters arising out of same the Municipality shall act by the
Council thereof.
15. Wherever the ,~ord "h/ghway" is used in this Agreement or in the said By-law it shall mean common and
public highways and shall i,~chide any bridge forming part of a highway on or over and across which a highway
passes and any public square, or road allowance and shall include not only the travelled portion of such highway but
also ditches, driveways, sidewalks and sodded areas forming part of the road allowance.
16. Upon the expiration of this franchise or any renewal thereof the Company shall have the right, but nothing
herein contained shall require it, to remove its mains, pipes, plant and works laid in the said highway. Provided that
forthwith upon the expiration of this franchise or any renewal thereof the Company shall deactivate such pipeline in
the Municipality. Provided further that if the Company should leave its mains, pipes, plants and works in the
highway as aforesaid and the Municipality at any time after a lapse of one year from termination require the removal
of all or any of the Company's said facilities for the purpose of altering or improving the highway or in order to
facilitate the construction of utility or other works in the highway the Municipality may remove and dispose of so
much of the Company's said facilities as the Municipality may require for such purposes and neither party shall
have recourse against the other for any loss, cost or expense occasioned thereby.
17. Any notice to be given under any of the provisions hereof may be effectually g/yen to the Municipality by
delivering thc same to the Municipal Clerk or by sending the same to him by registered mail, postaae prepaid,
addressed to "the Clerk of the Corporation of the Cityo:[ Niagara Fails,
a310 Queen St., Niagara Falls, Ontario," and to the Company by delivering the same to its Manager or other
Chief Officer in charge of'its place of business ia the City of St. C atharines , or by send-
lng the same by registered mail, postage prepaid, addressed to "The Consumers' Gas Company, Suite 4200, 1 First
Canadian Place, Post Office Box 90, Toronto. Ontario. MSX 1C5." If any notice is stunt by mail the same shall be
deemed to have been given on the day succeeding the posting thereof.
18. This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively.
IN WITNESS; WHEREOF the said Company has hereunto caused its Corporate Seal to be affixed and
these presents signed by :its proper officers in that behalf and the said Corporation has hereunto caused its Corporate
Seal to be affixed and these presents signed by the Municipality and Clerk.
THE CONSL'.'vJ~TS' GAS, COMPANY
!'~F. IlR£TA R ¥
THE CORPORATION OF TH~F
NIAGARA F.
SCHEDULE 'A"
By-Law No. 5q¢7, 1956 passed by the Council of the
Corporation of the City of Niagara Falls on the 30th
day of November, 1956
By-Law No. 2136 passed by the Council of the
Corporation of the Township of Stamford on the 30th
day of November, 1956
By-Law No. 1422 passed by the Council of the
Corporation of the Township of Crowland on the 30th
day of August, 1956
By-Law No. 1014 passed by the Council of the
Corporation of the Village of Chippawa on the 30th day
of November, 1956
By-Law No. A-209 passed by the Council of the
Corporation of the Township of Willoughby on the 1st
day of December, 1956
By-Law No. 1072 passed by the Council of the
Corporation of the Township of Humberstone on the 4th
day of September, 1956.
'!n£CORPORATIONOFTHE CITY OF NIAGARA I~A! I ~
BY-LAW NUMBER 7~,,' 1~-8
A BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT
BETWEEN THE CORPORATION AND
THE CONSUMERS' GAS COMPANY
W'HEREAS the Council of the Corporation deems it expedient to enter into the attached franchise
agreement with The Consumers' Gas Company;
AND WHEREAS the Ontario Energy Board by its Order issued pursuant to The Municipal Franchises
Act on the 12th day of July 1979 has approved the terms and conditions upon
which and the period for which the franchise provided for in the attached agreement is proposed to be granted,
_and directed
and has declared/that the assent of the municipal electors in respect of this By-law is not necessary.;
AND WHEREAS The Consumers' Gas Company has provided the Corporation with a consent to the
repeal of certain By-laws hereinafter referred to;
NOW THEREFORE BE IT ENACTED'
i. That the attached franchise agreement between the Comoration and The Consumers' Gas Company is
hereby authorized and the franchise provided for therein is hereby granted.
2. That the Mayor and Clerk are hereby authorized and instructed on behalf of the Corporation to
enter into and execute under im corporate seal and deliver the aforesaid agreement, which agreement is hereby
incorporated into and shall form part of this By-law.
That the By-laws referred to in Schedule "A" annexed hereto and forming part of this By-law are
hereby repeale0 insofar as they apply to any area within the present geographic limits of the C0t~poration.
ENACTED AND PASSED this 27t:h day of
'~' ,--~T. Z. co!J,i,,son
054.01 (Rev, t/77}
THE: CORPORATION OF THE CITY OF NIAGARA FALLS
RESOLUTION
Moved by
Seconded by
BE IT RESOLVE]):
1. That this Council approves the form of draft By-law (including the franchise agreement
forming part thereof) attached hereto and authorizes the submission thereof to the Ontario
Energy Board for approval pursuant to the provisions of section 9 of the Municipal
Franchises Act.
2. That this Council requests the Ontario Energy Board to make an order dispensing with the
assent of the municipal electors of the attached draft By-law (including the franchise
agreement forming part thereof) pursuant to the provisions of section 9 (4) of the Municipal
Franchises Aclu.
Certified to be a true copy of a resolution passed by the Council of the Corporation of the City of
Niagara Falls on this . day of ,2001,
Clerk
S:~REGADMIN~RANCHI SE FILES~U, EGGO V~FR A N CI-~RENEWALS XNiagara~RES OLUTI ON .CITY NIAGARA FALLS JUNE 2001.doc
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW NUMBER
A BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT
BETWEEN THE CORPORATION AND
THE CONSUMERS' GAS COMPANY LTD.
WHEREAS the Council of the Corporation deems it expedient to enter into the attached
franchise agreement with The Consumers' Gas Company Ltd.;
AND WHEREAS the Ontario Energy Board by its Order issued pursuant to the
Municipal Franchises Act on this day of ,20 has approved
the terms and conditions upon which and the period for which the franchise provided for in the
attached agreement is proposed to be granted, and has declared and directed that the assent of the
municipal electors in respect of this By-law is not necessary;
NOW THEREFORE BE IT ENACTED:
That the attached franchise agreement between the Corporation and The Consumers'
Gas Company Ltd. is hereby authorized and the franchise provided for therein is
hereby granted.
That the Clerk and the Mayor are hereby authorized and instructed on behalf of the
Corporation to enter into and execute under its corporate seal and deliver the
aforesaid agreement, which agreement is hereby incorporated into and shall form part
of this By-law.
That the By-law referred to in Schedule "A" annexed hereto and forming part of this
By-law is hereby repealed insofar as it applies to any area within the present
geographic limits of the Corporation.
ENACTED AND PASSED this
day of ,20
Clerk Mayor
S:XREGADMINWRANCHISE FLLESkREOGOVWRANCH~RENEWALSXNiagam\CITY NIAGARA FALLS-BYLAW.doc
SCHEDULE "A"
By-law No.__ _ passed by the Council of the Corporation of the City of Niagara Falls on
this __ day of ,20
S:~REOADMIN~RANCHISE FILESkP. EGGOVXFR AN Ch~RENEWALS~4iagara\CITY NIAGARA FALLS-BYLAW.doc
Ontario
E.B.C. 58^
IN THE MATTER OF The Municipal. Fran-
chises Act, R.S.O. 1960, Chapter 255
and amendments thereto;
AND IN T}~ MATTER of an Application by
The Consumers' Gas Company for certi-
ficates of public convenience and neces-
sity to construct works to supply and to
supply natural gas to the inhabitants of
the undermentioned municipalities
City of St. Catharines
City of Niagara Falls -
City of
Town of
Town of
Town of
Town of
~Village
~-Village
'Village
-To,~.~ship
-To~znship
~ Township
~ To~auship
To%.~ship
Township
To~ship
"To~,mship
~Township
Welland
Port Colborne-
Fort Erie
Niagara~on_the-Lake
Thorold
of Chippawa
of Crystal Beach
of Fonthill
of Crowland
of Willoughby
of Bertie
of Humberstone
of Wainfleet
of Thorold
of Pelham-
of Niagara
of Louth
BEFORE:
A. B. Jackson
Chairm.an
I. C. MacNabb
Vice-Chairman
Monday, the 5th
day of July, 1976
CERTIFIO~\TE OF PUBLIC- CONVENIENCE ,~ND NECE3$ITY
UPON the application of The Consumers' Gas Company
dated May ~0, 1967 for certificates of public
convenience and necessity pursuant to section 8 of The
Municipal Franchises Act to construct works to supply
and to supply natural gas to the inhabitants of the above-
named m~nicipalit±es;
AND UPON the application having been heard at
Toronto on July ~, 1967 in the presence of counsel for
the Applicant, no one else appearing, and a Certificate
having been issued on July 25, 1967 under Docket E.B.C. 58
in respect of all the above-n~med municipalities except
the To~n of Fort Erie, and the application having been
adjourned sine die in respect of the Town of Fort Erie
due to the question of the validity of the Applicant's
then e~[sting franchise by-law for the To~ of Fort Erie;
AND UPON the Applicant having negotiated a new
franchise by-law ~th the Town of Fort Erie, the terms
and conditions and period thereof having been approved
by the Board by E.B.A. 173 dated May 8, 1975, and the
new franchise by-law having been finally passed by the
Council of the Corporation of the To%.~ of Fort Erie on
June 23, 1975:
IT IS ORDERED that a certificate of public convenience
and necessity be and the same is hereby granted to The
Consumers' Gas Company for the supply of natural gas to
the inhabitants of the To~ of Fort Erie.
ISSUED at Toronto.this ~7/.day of July, 1976.
ONTARIO ENERGY BOARD
Secretary to the Board
Model Franchise Agreement
THIS AGREEMENT ,effective this day of 20
BETWEEN:
hereinafter called the "Corporation"
hereinafter called the "Gas Company"
WHEP,_EAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the
terms and conditions of this Agreement;
AND WHEREAS by by-law passed by the Council of the Corporation (the "By-law"), the duly
authorized officers have been authorized and directed to execute this Agreement on behalf of the
Corporation;
THEREiFORE the Corporation and the Gas Company agree as follows:
Part I - Definitions
1. In this Agreement:
a. "decommissioned" and "decommissions" when used in connection with parts of the gas
system, mean any parts of the gas system taken out of active use and purged in accordance
with the applicable CSA standards and in no way affects the use of the term 'abandoned'
pipeline for the purposes of theAssessment Act;
b. "Engineer[Road Superintendent" means the most senior individual employed by the
Corporation with responsibilities for highways within the Municipality or the person
designated by such senior employee or such other person as may from time to time be
designated by the Council of the Corporation;
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06/20/2001 1:00 PM
Model Franchise Agreement tlttp://www.oeb.gov.on.ca/enghsh/FRANMOD.htm
c. "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or
propane-air gas, or a mixture of any of them, but does not include a liquefied petroleum gas
that is distributed by means other than a pipeline;
d. "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb
boxes, stations, drips or such other equipment as the Gas Company may require or deem
desirable for the distribution, storage and transmission of gas in or through the Municipality;
"highway" means all common and public highways and shall include any bridge, viaduct or
structure forming part of a highway, and any public square, road allowance or walkway and
shall include not only the travelled portion of such highway, but also ditches, driveways,
sidewalks, and sodded areas forming pa_it of the road allowance now or at any time during
the term hereof under the jurisdiction of the Corporation;
"Model Franchise Agreement" means the form of agreement which the Ontario Energy
Board uses as a standard when considering applications under theMunicipal Franchises
Act. The Model Franchise Agreement may be changed from time to time by the Ontario
Energy Board;
"Municipality" means the territorial limits of the Corporation on the date when this
Agreement takes effect, and any territory which may thereafter be brought within the
jurisdiction of the Corporation;
"Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the
Gas Company with the Engineer/Road Superintendent prior to comxnencement of work on
the gas system; and
whenever the singular, masculine or feminine is used in this Agreement, it shall be
considered as if the plural, feminine or masculine has been used where the context of the
Agreement so requires.
Part II - Rights Granted
2. To provide gas service:
The consent of the Corporation is hereby given and granted to the Gas Company to distribute,
store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of
the Municipality.
or
The consent of the Corporation is hereby given and granted to the Gas Company to distribute,
store and transmit gas in and through the Corporation and to the inhabitants of those local or
lower tier municipalities within the Municipality from which the Gas Company has a valid franchise
agreement for that purpose.
* Footnote: Choose one only.
2 of 9 06/20/2001 1:00 PM
~vmae~ erancmse ^greement nttp://www,oeb.gov,on.ca/engllsh/FRANMOD.htn
3. To Use Highways.
Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby
given and granted to the Gas Company to enter upon all highways now or at any time hereafter
under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate
and repair a gas system for the distribution, storage and transmission of gas in and through the
Municipality.
4. Duration of Agreement and Renewal Procedures.
If the Corporation has not previously received gas distribution services, the rights hereby
given and granted shall be for a term of 20 years from the date of final passing of the
By-law.
or
If the Corporation has previously received gas distribution services, the rights hereby given
and granted shall be for a term of 20 years from the date of final passing of the By-law
provided that, if during the 20-year term this Agreement, the Model Franchise Agreement is
changed, then on the 7th anniversary and on the 14th anniversary of the date of the passing oi
the By-law, this Agreement shall be deemed to be amended to incorporate any changes in
the Model Franchise Agreement in effect on such anniversary dates. Such deemed
amendments shall not apply to alter the 20-year term.
At any time within two years prior to the expiration of this Agreement, either party may give
notice to the other that it desires to enter into negotiations for a renewed franchise upon
such terms and conditions as may be agreed upon. Until such renewal has been settled, the
terms and conditions of this Agreement shall continue, notwithstanding the expiration of this
Agreement. This shall not preclude either party from applying to the Ontario Energy Board
for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act.
Part III - Conditions
5. Approval of Construction
The Gas Company shall not undertake any excavation, opening or work which will disturb
or interfere with the surface of the travelled portion of any highway unless a permit therefor
has first been obtained from the Engineer/Road Superintendent and all work done by the
Gas Company shall be to his satisfaction.
Prior to the commencement of work on the gas system, or any extensions or changes to it
(except service laterals which do not interfere with municipal works in the highway), the Gas
Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the
Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the
complexity of the specific locations involved, showing the highways in which it proposes to
lay its gas system and the particular parts thereof it proposes to occupy.
c. The Plan filed by the Gas Company shall include geodetic information for a particular
location:
3 of 9 06/20/2001 1:00 PM
Mo(lei l~ranchlse Agreement http://www.oeb.gov.on.calenglish/FRANMOD.htm
i. where circumstances are complex, in order to facilitate known projects, including
projects which are reasonably anticipated by the Engineer/Road Superintendent, or
ii. when requested, where the Cmporation has geodetic information for its own services
and all others at the same location.
The Engineer/Road Superintendent may require sections of the gas system to be laid at
greater depth than required by the latest CSA standard for gas pipeline systems to facilitate
known projects or to correct known highway deficiencies.
Prior to the commencement of work on the gas system, the Engineer/Road Superintendent
must approve the location of the work as shown on the Plan filed by the Gas Company, the
timing of the work and any terms and conditions relating to the installation of the work.
In addition to the requirements of this Agreement, if the Gas Company proposes to affix any
part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road
Superintendent approves this proposal, he may require the Gas Company to comply with
special conditions or to enter into a separate agreement as a condition of the approval of this
part of the construction of the gas system.
Where the gas system may affect a municipal drain, the Gas Company shall also file a copy
of the Plan with the Corporation's Drainage Superintendent for purposes of theDrainage
Act, or such other person designated by the Corporation as responsible for the drain.
h. The Gas Company shall not deviate from the approved location for any part of the gas
system unless the prior approval of the Engineer/Road Superintendent to do so is received.
i. The Engineer/Road Superintendent's approval, where required throughout this Paragraph,
shall not be unreasonably withheld.
j. The approval of the Engineer/Road Superintendent is not a representation or warranty as to
the state of repair of the highway or the suitability of the highway for the gas system.
6. As Built Drawings
The Gas Company shall, within six months of completing the installation of any part of the gas
system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These
drawings must be sufficient to accurately establish the location, depth (measurement between the
top of the gas system and the ground surface at the time of installation) and distance of the gas
system. The "as built" drawings shall be of the same quality as the Plan and, if the approved
pre-construction plan included elevations that were geodetically referenced, the "as built" drawings
shall similarly include elevations that are geodetically referenced. Upon the request of the
Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an
electronic format and one copy as a hard copy drawing.
7. Emergencies
In the event of an emergency involving the gas system, the Gas Company shall proceed with the
4 of 9 06/20/2001 1:00 PM
work required to deal with the emergency, and in any instance where prior approval of the
Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its
best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of
the emergency and the work being done and, if it deems appropriate, notify the police force, fire or
other emergency services having jurisdiction. The Gas Company shall provide the Engineer/Road
Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure
the contacts are .current.
8. Restoration
The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the
Engineer/Road Superintendent, all highways, municipal works or improvements which it may
excavate or interfere with in the course of laying, constructing, repairing or removing its gas
system, and shall make good any settling or subsidence thereafter caused by such excavation or
interference. If the Gas Company fails at any time to do any work required by this Paragraph
within a reasonable period of time, the Corporation may do or cause such work to be done and the
Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by
the Engineer/Road Superintendent.
9. Indemnification
The Gas Company shall, at all times, indemnify and save harmless the Corporation from and
against ail claims, including costs related thereto, for ail damages or injuries including death to any
person or persons and for damage to any property, arising out of the Gas Company operating,
constructing, and maintaining its gas system in the Municipaiity, or utilizing its gas system for the
carriage of gas owned by others. Provided that the Gas Company shail not be required to
indemnify or save harmless the Corporation from and against claims, including costs related
thereto, which it may incur by reason of damages or injuries including death to any person or
persons and for damage to any property, resulting from the negligence or wrongful act of the
Corporation, its servants, agents or employees.
10. Insurance
The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient
amount and description as shail protect the Gas Company and the Corporation from claims
for which the Gas Company is obliged to indemnify the Corporation under Paragraph 9. The
insurance policy shail identify the Corporation as an additional named insured, but only with
respect to the operation of the named insured (the Gas Company). The insurance policy shail
not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by
the Gas Company.
The issuance of an insurance policy as provided in this Paragraph shail not be construed as
relieving the Gas Company of liability not covered by such insurance or in excess of the
policy limits of such insurance.
c. Upon request by the Corporation, the Gas Company shall confirm that premiums for such
insurance have been paid and that such insurance is in full force and effect.
11. Alternative ]Easement
5 of 9 06/20/2001 1:00 PM
The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of
a highway where there is a gas line in existence, to give the Gas Company reasonable notice of
such proposed sale or closing and, if is feasible, to provide the Gas Company with easements over
that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to
preserve any part of the gas system in its then existing location. In the event that such easements
cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or
altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of
this Agreement.
12. Pipeline Relocation
If in the course of constructing, reconstructing, changing, altering or improving any highway
or any municipal works, the Corporation deems that it is necessary to take up, remove or
change the location of any part of the gas system, the Gas Company shall, upon notice to do
so, remove and/or relocate within a reasonable period of time such part of the gas system to
a location approved by the Engineer/Road Superintendent.
Where any part of the gas system relocated in accordance with this Paragraph is located on a
bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas
system at its sole expense.
Where any part of the gas system relocated in accordance with this Paragraph is located
other than on a bridge, viaduct or structure, the costs of relocation shall be shared between
the Corporation and the Gas Company on the basis of the total relocation costs, excluding
the value of any upgrading of the gas system, and deducting any contribution paid to the Gas
Company by others in respect to such relocation; and for these purposes, the total relocation
costs shall be the aggregate of the following:
the amount paid to Gas Company employees up to and including field supervisors for
the hours worked on the project plus the current cost of fringe benefits for these
employees,
ii. the amount paid for rental equipment while in use on the project and an amount,
charged at the unit rate, for Gas Company equipment while in use on the project,
iii. the amount paid by the Gas Company to contractors for work related to the project,
iv. the cost to the Gas Company for materials used in connection with the project, and
a reasonable amount for project engineering and project administrative costs which
shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and
(iv) above.
d. The total relocation costs as calculated above shall be paid 35% by the Corporation and
65% by the Gas Company, except where the part of the gas system required to be moved is
located in an unassumed road or in an unopened road allowance and the Corporation has not
approved its location, in which case the Gas Company shall pay 100% of the relocation
costs.
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' ~ ........ ° ..... mtp.tt w w w.oeo.gov.on.¢a/engllSB/pRAN M L~D.ht r
Part IV - Procedural And Other Matters
13. Municipal By-laws of General Application
The Agreement is subject to the provisions of all regulating statutes and all municipal by-laws of
general application, except by-laws which have the effect of amending this Agreement.
14. Giving Notice
Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas
Company at its head office or to the authorized officers of the Corporation at its municipal offices,
as the case may be.
15. Disposition of Gas System
If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or
structure, the Gas Company shall, at its sole expense, remove the part of its gas system
affixed to the bridge, viaduct or structure.
If the Gas Company decommissions any other part of its gas system, it shall have the right,
but is not required, to remove that part of its gas system. It may exercise its right to remove
the decommissioned parts of its gas system by giving notice of its intention to do so by filing
a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road
Superintendent. If the Gas Company does not remove the part of the gas system it has
decommissioned and the Corporation requires the removal of all or any part of the
decommissioned gas system for the purpose of altering or improving a highway or in order
to facilitate the construction of utility or other works in any highway, the Corporation may
remove and dispose of so much of the decommissioned gas system as the Corporation may
require for such purposes and neither party shall have recourse against the other for any loss,
cost, expense or damage occasioned thereby. If the Gas Company has not removed the part
of the gas system it has decommissioned and the Corporation requires the removal of all or
any part of the decommissioned gas system for the purpose of altering or improving a
highway or in order to facilitate the construction of utility or other works in a highway, the
Gas Company may elect to relocate the decommissioned gas system and in that event
Paragraph 12 applies to the cost of relocation.
16. Use of Decommissioned Gas System
a. The Gas C'ompany shall provide promptly to the Corporation, to the extent such information
is known:
i. the names and addresses of all third parties who use decommissioned parts of the gas
system for purposes other than the transmission or distribution of gas; and
ii. the location of all proposed and existing decommissioned parts of the gas system used
for purposes other than the transmission or distribution of gas.
b. The Gas Company may allow a third party to use a decommissioned part of the gas system
7 of 9 06/20/2001 1:00 PM
for purposes other than the transmission or distribution of gas and may charge a fee for that
third party use, provided
i. the third party has entered into a municipal access agreement with the Corporation;
and
ii. the Gas Company does not charge a fee for the third party's right of access to the
highways.
c. Decommissioned parts of the gas system used for purposes other than the transmission or
distribution of gas are not subject to the provisions of this Agreement. For decommissioned
parts of the gas system used for purposes other than the transmission and distribution of gas,
issues such as relocation costs will be governed by the relevant municipal access agreement.
17. Franchise Handbook
The Parties acknowledge that operating decisions sometimes require a greater level of detail than
that which is appropriately included in this Agreement. The Parties agree to look for guidance on
such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario
and the gas utility companies, as may be amended from time to time.
18. Other Conditions
The following paragraph shall be inserted as a special condition in the old Union Gas franchise area, which is
understood to be the franchise area of Union Gas in southwestern Ontario prior to its merger with Centra Gas.
Notwithstanding the cost sharing arrangements described in Paragraph 12, if any part of the gas
system altered or relocated in accordance with Paragraph 12 was constructed or installed prior to
January 1, 1981, the Gas Company shall alter or relocate, at its sole expense, such part of the gas
system at the point specified, to a location satisfactory to the Engineer/Road Superintendent.
19. Agreement Binding Parties
This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns,
respectively.
IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written
above.
THE CORPORATION OF
By:
8 of 9 06/20/2001 1:00 PM
Duly Authorized Officer
[Inse~t name of Gas Company]
By:
Information available through this site is provided as a public service, but the Board cannot guarantee that the information
necessarily current or accurate.
Onta o
This site maintained by the Government oF Ontario, Canada
This page last updated January 12, 2001 bgAtebMaster@oeb.oov.on.ca
Copyright information~ Queans Printer for Ontario. 2000
9 of 9
06/20/2001 1:00 PM
Niagara Falls
Corporate Services Department
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: wwagg@city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
July 10, 2001.
E.C. Wagg
City Clerk
CD-2001-07
Re: CD-2001-07 - Special Occasion Permit
RECOMMENDATIONS:
That Council indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organization 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.
[ORGANIZATION DATE I Loc^T,oN I
Niagara Falls Mens Fastball Tournament August l 0, l I & Ker Park, Sinnicks
I[Fastball Tournament [ 1~2, 2001 [Street II
Recommended by:
E.C. Wagg,
City Clerk
Edward P. Lustig'. _ ~_ )
Chief Administrative Officer /
Approved by:
Tony Ravenda
Executive Director of Corporate Services
ECW:Iw
Clerk's · Finance
Working Together to Serve Our Community
Human Resources Information Systems · Legal
Planning & Development
Corporate Services Department
The City of
Niagara Falls
I -
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: wwagg@city.niagarafalls.on.ca
E.C. Wagg
City Clerk
July 12, 2001
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re: CD-2001-08 - 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.
First Niagara Oldtimers Three-Pitch Tournament August 10 - 12, 2001 Palmer Park.
First Niagara Oldtimers Hardball Tournament Sept. 6 - 9, 2001 Oakes Park/
Chippawa Lions Park
E.C. Wagg,
City Clerk
illy sub~.tted:
~ iL~i;at~er .~
Approved by:
Tony Ravenda
Executive Director of Corporate Services
ECW:lw
Working Together to Serve Our Community
Cled('s Finance Human Resoumes Information Systems · Legal Planning & Development
Corporate Services Department
The City of
Niagara Falls
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls,on.ca
R.O. Kallio
City Solicitor
L-2001-35
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-35, J. H. Hunter Design Build Niagara Limited
Agreement with the City
Building Permit - Testamentary Devise
Our File No.: 2001-143
RECOMMENDATION:
That an Agreement dated June 13,2001 between J. H. Hunter Design Build Niagara Limited and the
City regarding application for a Building Permit; be authorized.
BACKGROUND:
J. H. Hunter Design Build Niagara Limited is the owner of part of Lot 10 Concession 2 in the former
Township of Willoughby now in the City of Niagara Falls designated as Part 3 on Reference Plan
No. 59R-7414. It is shown hatched on the plan attached. The subject parcel was created under
testamentary devise provisions of the Planning Act of Ontario, then in effect, and the Last Will and
Testament of Walter Olszewski.
Pursuant to City policy, respecting lots created in this manner, any person making application to the
City for a building permit is required to enter into an agreement with the City to ensure that no
building permit would be issued until such time as certain requirements are met. The Agreement
not only binds the owner of the subject land but also their respective heirs, executors,
administrators, successors and assigns and assigns in title. In exchange for meeting the requirements
described in the Agreement, a building permit would be granted to the owner of the subject lands.
Working Together to Serve Our Community
Clerk's · Finance Human Resources Information Systems · Legal Planning & Development
L-2001-35 - 2 - July 16, 2001
Staff reviewed the request and has determined that an agreement between the parties would be
appropriate to adequately protect the City.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
ioi~d by:
City Solicitor.
Res ectfully Submitted:
Edward P. Lustig, ./
Chief Administrative Officer.
CONCESSION
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
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-36, Agreement with Peninsula Broilers Limited
4389 Park Street
Our File No.: 2001-110
R,O. Kallio
Ci~ Soticitor
L-2001-36
RECOMMENDATION:
That an agreement with Peninsula Broilers Limited regarding conditions imposed by the Committee
of Adjustment by a decision dated December 19, 2000 under File No. A-87/2000, be authorized.
BACKGROUND:
As a condition of Committee of Adjustment approval regarding the change of use of an existing
building, located at 4389 Park Street, Peninsula Broilers Limited is required to enter into an
agreement with the City with respect to conditions imposed by the Committee of Adjustment by
decision dated December 19, 2000 under File Nb. A-87/2000. Peninsula Broilers Limited agreed
to execute this agreement with the City as required by the Committee. A copy of the agreement is
attached for your information.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
City Solicitor.
Chief Administrative Officer.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems · Legal Planning & Development
THIS AGREEMENT made this 14th day of May, 2001.
BETWEEN:
PENINSULA BROILERS LIMITED
a company incorporated under the laws
of the Province of Ontario
Hereinafter called the "Owner",
of the FIRST PART;
-and-
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
Hereinafter called the "City",
of the SECOND PART;
WHEREAS Peninsula Broilers Limited is the Owner of the land described in Schedule"A" attached
hereto and forming part of this agreement, hereinafter referred to as the said land;
AND WHEREAS as a condition of Committee of Adjustment approval regarding the change of use
of an existing building, the Owner is required to enter into an agreement with the City with respect
to conditions imposed by the Committee of Adjustment by decision dated December 19, 2000 under
File No. A-87/2000.
NOW THEREFORE in consideration of approval of the Committee of Adjustment, the Owner
COVENANTS AND AGREES with the City as follows:
1. The Owner is the registered owner of the said land and consents to the registration of this
agreement against the title to the said land, if necessary.
2. The Owner acknowledges and agrees that the business shall remain for cold storage and
wholesale food distribution.
3. The Owner acknowledges and agrees that the food products shall remain frozen and on a
limited special order basis, approximately 3% of total sales, flesh poultry may be allowed to be
further processed into specifically packed orders.
4. The Owner acknowledges and agrees that no processing of live poultry or other animals is
permitted.
5 The Owner acknowledges and agrees that all excess trim will be frozen, packaged and then
properly disposed of.
6. The Owner acknowledges and agrees that no odour or other nuisances will be generated from
-2-
the business.
7. The Owner acknowledges and agrees that no storage of any kind, inclusive of packaging and
garbage will be kept outside the building.
8 The Owner acknowledges and agrees that the hours of operation will be from Monday to
Friday from 7:00 a.m. to 4:30 p.m. and Saturdays 7:00 a.m. to noon.
9 Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First
Class Mail or Facsimile Transmission to the Owner and the City as follows:
Peninsula Broilers Limited
4389 Park Street
Niagara Fails, Ontario
L2E 2P4
Telephone: (905) 358-2626
Fax No.: (905) 358-1555
The Corporation of the City of Niagara Falls
Attention: City Clerk
4310 Queen Street,
P.O. Box 1023,
Niagara Falls, Ontario
Telephone No.: (905) 356-7521
Fax No.: (905) 356-2354
Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other
party three (3) business days afl:er the mailing thereof or if sent by facsimile transmission, on the date
the facsimile transmission was sent.
9. Wherever the singular or masculine is used in this agreement they shall be construed as if
th e plural or feminine or the neuter has been used where the context or the party or parties so require,
and the rest of the sentence shall be oonstmed as if the grammatical and terminological changes.
-3-
thereby rendered necessary had been made and all covenants herein contained shall be constraed to
be several as well as joint.
IN WITNESS WHEREOF the City and the Owner have hereunto affixed their corporate seals duly
attested by the hands of the proper signing officers in that behalf and the said signing officers certify
that they have the authority to bind their corporation.
Title: /or ,~ ~- ,.' ~.~v.~,,~,t ~.~
manle~
Title:
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Name: Wayne Thomson
Title: Mayor
Name: E. C. Wagg
Title: City Clerk
We have the authority to bind the corporation
-4-
SCHEDULE "A"
to an Agreement dated May 14'~, 2001
between
NIAGARA BROILERS LIMITED
and
TI-IE CORPORATION OF TIIE CITY OF NIAGARA FALLS
Pt Lt 1 Blk I P1999-1000 Town of Niagara Falls; Pt Lt 2 Blk I PI 999-1000 Town of Niagara Falls;
Pt Lt 3 Blk I PI 999-1000 Town of Niagara Falls; Pt Lt 7 BIk DD PI 999-1000 Town of Niagara
/:ails; Pt Et 8 Blk DD PI 999-1000 Town of Niagara Falls; Pt Ontario St PI 999-1000 Town of
Niagara Falls (as closed by By-law 54) Pt I & 2, 59R-3568; S/T RO511562;
all in the City of Niagara Falls, in the Regional Municipality of Niagara.
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001-37
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-37, Elia Encroachment Agreement
with the City - Rear and Side of 6474 Balmoral Avenue
Our File No.: 2001-138
RECOMMENDATION:
The continuation of the encroachment of a fence at the rear and side yard of property municipally
known as 6474 Balmoral Avenue, as shown in heavy outline on the plan attached, be permitted.
BACKGROUND:
A request has been received fi.om Frank Elia and Assunta Elia, the owners of 6474 Balmoral Avenue
for permission to continue the encroachment of a fence upon City owned parkland at the rear and
side of their property. The plan attached shows, in heavy outline, the extent of the encroachment.
The owners have agreed to enter into an agreement with the City to permit the continuation of the
encroachment. Under the agreement the owners agree to remove any such portion of the fence
erected upon City property at any time, upon 30 days notice, in writing, fi.om the City in the event
the said land is required by the City or by any utility company serving the area, for its purposes. In
accordance with established policy, an O.L.S. plan of survey, an O.L.S. description of the
L-2001-37 - 2 - July 16, 2001
encroachment, the legal fee of $300.00 and other supporting information have all been received from
the owners. In addition, the applicant will be required to reimburse the City for any other corporate
costs that may be incurred.
Prepared by:
S.M Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
i~.ed by:
City Solicitor.
Respectfully Submitted:I ~
Edward P. Lustig,
Chief Administrative Officer.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems · Legal Planning & Development
DISTANCES SHOWN ON THIS PLAN ARE tN FEET AND CAN
BE CONVERTED TO METRES BY MULTIPLYING BY 0.5048
SKETCH
~l'T'~ cC' t'~tA~A~¢.,~,
REGIONAL MUNICIPALITY OF NIAGARA
Corporate Services Department
Niogoro Fo"s|llil.
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www. city,niagarafalls.on.ca
Tel: (905) 355-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on,ca
R.O, Kallio
City Solicitor
L-2001-38
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-38, Wegelin/Gallie
Agreement with the City
Building Permit - Testamentary Devise
Our File No.: 2001-150
RECOMMENDATION:
That an Agreement, dated June 20, 2001, between Walter Wegelin and Ivy Lillian Gallie and the
City regarding application for a Building Permit, be authorized.
BACKGROUND:
Walter Wegelin and Ivy Lillian Gallie are the owners of part of Lot 10 Concession 2 in the former
Township of Willoughby now in the City of Niagara Falls designated as Part 20 on Reference Plan
No. 59R-7414 shown hatched on the plan attached. The subject parcel was created under
testamentary devise provisions of the Planning Act of Ontario, then in effect, and the Last Will and
Testament of Walter Olszewski.
Pursuant to City policy, respecting lots created in this manner, any person making application to the
City for a building permit is required to enter into an Agreement with the City to ensure that no
building permit would be issued until such time as certain requirements are met. The Agreement
not only binds the owner of the subj eot land but also their respective heirs, executors, administrators,
successors and assigns and assigns in title. In exchange for meeting the requirements described in
the Agreement, a building permit would be granted to the owner of the subject lands.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems · Legal Planning & Development
L-2001-38 - 2 - July 16, 2001
Staff' reviewed the request and has determined that an agreement between the parties would be
appropriate to adequately protect the City.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
i~ded by:
City Solicitor.
Respectfully~'/~'~jSubmitted: ~
Edward P. Lustig,
Chief Administrative Officer.
L
~/IL L OUOH~ Y
CONCE$S/ON
Corporate Services Department
Niagara Foils
I -
Legal Services
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)374-7500
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001.41
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-41, Conveyance of Lot 22 on Plan No. M-78
To Ascot Woods Ltd.
Our File No.: 1999-68
RECOMMENDATION:
That a conveyance of Lot 22 on registered Plan No. M-78 to Ascot Woods Ltd., for nominal
consideration, be authorized.
BACKGROUND:
In 1979, N.P.H.B. Land Developments Limited conveyed Lot 22 on registered Plan No. M-78 to the
City, for future access to adjacent undeveloped lands, pursuant to the terms of the Subdivision
Agreement for Ascot Woods Subdivision. The subdivision agreement provided that if access was
not required, Lot 22 would be returned to N.P.H.B.. Subsequently, the adjacent lands were
developed into the Beaver Valley Subdivision and Lot 22 was not required for access, however, by
this time N.P.H.B. Land Developments Limited no longer existed as a corporate entity.
In 1991, when draft approval was being considered for Beaver Valley Subdivision the proposed road
pattern(Schedule 1 attached) would have provided for Citation Road to swing up through Lot 22 on
Plan M-78 to connect to Post Road. Planning staff was of the view that this was not the most
desirable road pattern and requested that there be a connection and link up with the Ascot Woods
Extension No. 5 Subdivision. As you can see in Schedule 1, the proposed pattem for Ascot Woods
Extension No. 5 Subdivision would connect through Ascot Circle up to Post Road. At Planning
staff's request, Citation Road was extended east to connect to the Ascot Woods Extension No. 5
Subdivision and then up through Ascot Circle to Post Road ( Schedule 2 attached).
Since the City was only entitled to Lot 22 on Plan No. M-78 for road purposes and the developer to
the east, Ascot Woods Ltd., co-operated with the City and gave additional land so that an improved
road pattern could be established linking Beaver Valley Subdivision with Ascot Woods Subdivision,
Working Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems Legal Planning & Development
L-2001-41 - 2 - July 16, 2001
staffis recommending that Lot 22 be transferred to Ascot Woods Ltd., for nominal consideration.
Ascot Woods Ltd. ihas, in effect, constructed the new road at its expense as well as at a loss of at
least one lot for development purposes as a result of the reconfigured road pattern.
The Public Trustee has advised that it is making no claim against Lot 22 even though the corporate
owner went bankrupt (letter attached). As well, Ascot woods Ltd. has given a written
indemnification to protect the City should the City transfer Lot 22 to it (attached).
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
Rec .~Ka~.ded by:
City Solicitor.
Respect fully Submitted:
Edward P. Lustig, /
Chief Administrative Officer.
0
Ik
/
Ministry of the Attorney General
Office of the Public Guardian
and Trustee
595 Bay Street, Suite 800
Toronto, ON, Canada M5G 2M6
Tel: (416) 314-0505
FAX: (416) 314-2781
Toll Free: (800) 366-0335
Mlnlst~re du Procureur g~n~ral
Bureau du Tuteur et
curateur public
595, rue Bay~. Bureau 800
Toronto, ON, Canada M5G 2M6
Tel: (4t6) 3t4-0505
FAX: (416) 3t4-2781
Sans Frais:(800) 366-0335
Ontario
2001-05-30
The Corporation of the
City of Niagara Falls
4310 Queen St
PO Box 1023
Niagara Falls ON L2E 6X5
Attention: R. O. Kallio,
City Solicitor
Re: N. P. H. B. Land Developments Limited
File: 961877
Vacant Land
Lot 22, Plan M-78, City of Niagara Falls,
Regional Municipality of Niagara
Your File: 1999-68
Dear Mr Kallio:
As counsel for the Public Guardian and Trustee, I confirm that the Crown in right of Ontario
claims no interest in the real property noted above under what is now subsection 244(1) of the
Business Corporations Act, R. S. O. 1990, c. B.16, as amended, notwithstanding the dissolution
ofN. P. H. B. Land Developments Limited, an Ontario corporation in trust for which The
Corporation of the City of Niagara Fails was or may have been holding Lot 22, Plan M-78 at the
dissolution ofN. P. H. B. Land Developments Limited on August 20, 1984, pursuant to an
Agreement dated September 13, 1979. A notice of this Agreement was registered September 17,
1979 as Instrument No LT16428 in the Land Registry Office for the Land Titles Division of
Niagara South (No 59) at Welland. It provided for the re-conveyance of Lot 22 [M-78] to N. P.
H. B. Land Developments Limited if City Council [of Niagara Falls] no longer deemed it
necessary "for a street access to the lands to the south."
All subsequent transferees, purchasers, mortgagees and lessees of this real property may rely on
this letter as correctly stating the position of the Crown in right of Ontario, insofar as any interest
in the said real property which the Crown might have acquired under the Escheats Act, R. S. O.
1990, c. E.20, as amended, by reason of the dissolution ofN. P. H. B. Land Developments
dis concerned.
Your~mly,
C unsel _
x,..~Corporate Legal Services
Pa~e 2 of 2
TO:
INDEMNIFICATION
THE CORPORATION OF THE CITY OF NIAGARA FALLS
IN CONSIDERATION of the conveyance by The Corporation of the City of Niagara Falls
(hereinafter referred to as "the City") to Ascot Woods Ltd. of vacant land located on Post Road,
Niagara Falls, more particularly described as Lot 22 on registered Plan No. M-78, in the City of
Niagara Falls, in the Regional Municipality of Niagara, we hereby indemnify and save harmless the
City from any and all actions, causes of action, interest, claims, demands, costs, charges, damages,
expenses, loss, obligations or liabilities of any kind which the City may sustain or incur or be liable
for as a consequence of the conveyance of said Lot 22 on registered Plan No. M-78.
Dated at the City of Niagara Falls, this 1st day of March ~7~ ,2001.
WOODS LTD.
. Name: ~
i I'I ~t~~ority/; bind~e c~President''/' rporation
Name: Karen DeGiorgio ~
Title: Vice-President
I have the authority to bind the corporation
Corporate Services Department
Niagara Falls
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2001.42
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-42, Authorization to Proceed with the Closing of
the Unopened Portion of Mewburn Road (formerly Clow's Road)
& Part of the Unopened Road Allowance Between Stamford Township
Lots 14 & 27
Our File No.: 1997-215
RECOMMENDATION:
Staff be authorized to proceed with the closing of the unopened portion of Mewbum Road (formerly
Clow's Road) and pan of the unopened road allowance between Stamford Township Lots 14 and
27.
BACKGROUND:
Q.E.W.-Mount Properties is the owner of land on both sides of what was a given road formerly
known as Clow's/Mewburn Road. The owner plans to develop his lands. He is requesting the City
close and convey a part oflhe unopened road allowance lying between Lots 14 and 15 in Stamford
Township, shown hatched on the Plan attached and to close and convey to him the remainder of the
original unopened road allowance between Stamford Township Lots 14 and 27 lying to the south
of the newly established portion of Mewbum Road that now runs in an east/west direction. This
portion of the unopened road allo~vance is shown coloured black on the plan attached.
tVorking Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
L-2001-42 -2- ,July 16, 2001
These portions of tlhe unopened road allowance are no longer in use and may be closed and offered
to the abutting owner. A subsequent report, dealing with the disposal of the property, will be
presented for Council's consideration once the subject portion of the road allowances are closed
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
R~d by:
R.O. Kallio,
City Solicitor.
R e sP ect full~bm7 :~"--
332.4'
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1478
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Corporate Services Department
Niagara Falls
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
July 16, 2001
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2001-43, Establishment of a Road Widening
and a One Foot Reserve as Public Highways -
Beaverdams Road and Claude Avenue
Re. Kallio
City Solicitor
L-2001-43
RECOMMENDATION:
That the road widening described as Parts 3 and 5 on Reference Plan No. 59R-11405 and the one
foot reserve described as Block B on registered Plan No. 249 be established as public highways, to
form part of Beaverdams Road and Claude Avenue, respectively.
BACKGROUND:
As a condition of Land Division Committee consent the owner conveyed a road widening to the
City. The road widening, shown hatched on the plan attached and described as Parts 3 and 5 on
Reference Plan No. 59R-11405, is located along the southerly limit of Beaverdams Road, north of
Lundy's Lane. It may now be established as a public highway to form part of Beaverdams Road.
Block B on registered Plan No. 249, shown hatched on the plan attached, is a one foot reserve
conveyed to the City at the time of registration of Theresa Subdivision for the purpose of controlling
access to adjacent undeveloped lands. Since Carol Subdivision has been approved on the adjacent
lands, staff concurs that the one foot reserve is no longer required and can be established as a public
highway to permit legal access to the adjacent subdivision.
~e~- .C.T.
Legal Assistant/Property Manager.
ed by:
City Solicitor.
A~roved by:
Tony Ravenda,
Executive Director of Corporate Services.
7t fyll_~,y S~ted:
~dl~¢ ~rAd ~ 'm~ ::i, ga't iv e Offic e~r.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
0
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BLOCK
c.,Lixgoct-.-
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
July 16, 2001
Seconded by Alderman
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls
hereby determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the
changes to the proposed zoning by-law for Application AM-34/2000 (Canadian Corps Unit
104, 4674 Ferguson Street regarding a private club use within the existing building) are minor
in nature and do not require any further notice.
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
July 16, 2001
WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a
Community Reinvestment Fund (CRF) allocation; and,
WHEREAS the intended use of the CRF allocation is to mitigate increases in property
taxes; and,
WHEREAS the Province has requested this information by July 31, 2001, and
WHEREAS the Ministers of Finance and Municipal Affairs & Housing have requested
that each municipality prepare a report on the planned use of the 2001 CRF allocation; and,
NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls intended
to use the 2001 CRF allocation in ways described in the attached report and,
FURTHERMORE, THAT the attached report forms part of the resolution of Council.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
July 16, 2001
WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a
Community Reinvestment Fund (CRF) allocation; and,
WHEREAS the intended use of the CRF allocation is to mitigate increases in property
taxes; and,
WHEREAS the Province has requested this information by July 31, 2001; and
WHEREAS the Ministers of Finance and Municipal Affairs & Housing have requested
that each municipality submit an electronic copy of a forecast of the 2001 continuity of reserves
and reserve fund schedule (FIR Schedule 60); and,
NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls has
complied with the Ministers' request and has attached the electronic copy of a forecast of the
2001 continuity of reserves and reserve fund schedule (FIR Schedule 60) to this resolution;
and,
FURTHERMORE, THAT the schedule forms part of the resolution of Council of the
municipality of Niagara Falls.
AND the Seal of the Corporation be hereto affLxed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
July 16, 2001
WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a
Community Reinvestment Fund (CRF) allocation; and,
WHEREAS the intended use of the CRF allocation is to mitigate increases in property
taxes; and,
WHEREAS the Province has requested this information by July 31, 2001; and
WHEREAS the Ministers of Finance and Municipal Affairs & Housing have requested
that each municipality submit an electronic copy of a forecast of the 2001 continuity of reserves
and reserve fund schedule (FIR Schedule 60); and,
NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls has
complied with the Ministers' request and has attached the electronic copy of a forecast of the
2001 continuity of reserves and reserve fund schedule (FIR Schedule 60) to this resolution;
and,
FURTHERMORE, THAT the schedule forms part of the resolution of Council of the
municipality of Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
E.C. WAGG WAYNE THOMSON
CITY CLERK MAYOR