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2001/11/12PLANNING/COUNCIL MEETING Monday, November 12, 2001 Order of Business and Agenda Package PLANNING MEETING November 12, 2001 PRAYER: Alderman Gary Hendershot DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Mr. D. C. DeLorenzo, Solicitor, wishes to address Council with reference to the ad hoc committee for minor hockey and the continuing interim removal of the concessions stand operation from minor hockey. Whirlpool International Truck Bridge Inc. Mr. Bill Truesdale, Mr. Brian and Mr. Allen Gandell, Whirlpool International Truck Bridge Inc. wish to address Council on the matter. ITEM NO. 39 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application AM-30/2001, McLeod Road between Garner Road and Kalar Road Applicant: River Realty Development (1976)Inc. Proposed Place of Worship Background Material: Recommendation Report: PD-2001-98 - AND - Petition from the residents of Garner Road -:2- ITEM NO. 40 Public Meeting To Amend By-law No. 99-144 Deletion of Industrial Development Charges Background Material: Recommendation Report: MW-2001-156 MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2001-99, Request for Extension to Draft Plan Approval; Ascot Woods Extension 6, 26T-92003; Owner: Ascot Woods Limited. Chief Administrative Officer PD-2001-100 - Appeal to Zoning By-law No. 2001-213; AM-23/2001, 4199 River Road; Alternate Parking Requirements for a Proposed Expansion to Souvenir City. REGULAR COUNCIL ADOPTION OF MINUTES: Regular Council Minutes of November 5, 2001. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Kathleen Powell, Chair, Local Architectural Conservation Advisory Committee (LACAC) - Re: Demolition of old Coke plant at 6158 Main Street - expressing concerns regarding the erosion of the streetscape on Main Street if the building is demolished and the significance in the history of Niagara Falls due to its association with the Portage (old Portage Road) and if the building is demolished, that the property owner consider re-using the existing stone facade in their new construction at the site. RECOMMENDATION: Refer to staff. Additional Items for Consideration The Acting City Clerk will advise of any further items for Council consideration. -.~- REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTION,~ (Alderman Wayne Campbell, Chair) FINANCE MATTERS 1. Chief Administrative Officer Report. F-2001-67 - Water Meter Information, Further FIRE DEPARTMENT MATTERS 1. Chief Administrative Officer FS-2001-06, Hazardous Materials Response. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS BY-LAWS The Acting City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-243 To amend By-law 79-200, as amended. (Re: AM-30/2001, River Realty Inc.) NEW BUSINESS 11/06/01 TIlE 10;12 FAX 905 688 5747 DANIEL PARTN~ ~001 DANIEL, BLACK, HILL, TIIDUS, DeLORENZO, SHEDDEN, DONOHUE ~ SHEPPARD LLP The Domi~ ~ulld~ 39 Queen SL, Tele~d~me: 905 688-94 ! 1 Fax~ 905 688-5747 November 6, 2001 Attn: R.O. C~ $o&itor The City of Niagara Falls City I-hi1 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Kallio: Re: City Couacil Meeting November 12, 2001 Our File Na. 3376~LDD LEGAL DEPT. · Please accept this letter as my request to make a deputation to City Council on November 12, 2001, with reference to ~he ad hoc commillee for minor hockey and the continuing interim removal of the concession stand operation from minor hockey. DCDIrr Thank you for your consideration in thL~ matter, Respectfully, D. C. DeLorenz~// 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 November 12, 2001 ttis Worship Mayor W. Thomson anti Members of the Municipal Council City of Niagara Falls, Ontario Members: Doug Darbyeon Director PD-2001-98 Re: PD-2001-98, Zoning By-law Amendment Application AM-30/2001, McLeod Road between Garner Road & Kalar Road Applicants: River Realty Development (1976) Inc. Proposed Place of Worship and Secondary School RECOMMENDATIONS: It is recommended that: 1) Council approve the Zoning By-law amendment application to rezone the lands from Development Holding (DH) to Institutional (I) to permit a place of worship and to recognize the site of a future secondary school; and 2) Council pass the zoning by-law, included in tonight's agenda, to implement the proposed development. PROPOSAL: The amendment is requested for two parcels of land being created through consent applications, on the north side of McLeod Road, between Kalar Road and Garner Road, as shown on Schedule 1. The consent applications were approved at the November 6, 2001, Committee of Adjustment hearing. The amendment is requested to permit the construction of a place of worship on Parcel 1, which is proposed to be approximately 1.7 hectares (4.3 acres) in size. A new high school is proposed on Parcel 2, which is proposed to be approximately 6.53 hectares (16 acres) in size. Although a high sch ool is currently a permitted use on the subject lands, the amendment includes these lands to better reflect their intended use. Schedule 2 is a concept plan showing the proposed church and school location. Both parcels are currently zoned Development Holding (DH) in the Zoning By-law. The lands are proposed to be rezoned to Institutional (I). [VorMng Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development November 12, 2001 - 2 - PD-2001-98 CIRCULATION COMMENTS: Inlbrmation regarding the application was circulated to City departments, several government agencies and the public for comment. Comments received to date are noted below or included in Council's agenda. · Municipal Works No objections. 3.05 metre road widening required along McLeod Road. Sidewalks, tree planting and street lighting required and should be done in conjunction with future surrounding development. Municipal services to be extended from the development to the east of the subject lands. Stormwater to discharge to a detention facility immediately to the east. (The above noted are conditions of consent approval.) Regional Planning Region has no concems provided that stormwater management plans contain stormwater north of McLeod Road, Understand the secondary plan allows for the school and church at the proposed location. Parks, Recreation & Culture Require 5% cash-in-lieu of parkland dedication (Condition of consent approval). Request that an existing row of trees on the subject lands (along McLeod Road at the west end of the site) be preserved (through Site Plan Control). PLANNING REVIEW: 1. The proposals conform to the Official Plan. The subject lands are designated Residential. The Residential policies permit places of worship and schools as ancillary uses where they are compatible with the residential environment. The Official Plan directs these ancillary uses to locations on major collector or arterial roads to minimize impacts on residential areas. The subject lands are located on McLeod Road which is an arterial road. November 12, 2001 - 3 - PD-2001-98 2. The proposals are consistent with the Garner Neighbourhood Secondary Plan. The subject lands are located in the Garner Neighbourhood which is the next growth area of the City. Development in this area is to be guided by the Garner Neighbourhood Secondary Plan. A conceptual development plan shows the location of the secondary school on the west side of Garner Road near the hydro conidor. The subject site has similar locational advantages as the identified site and is equally acceptable. The proposal conforms to the policies of the secondary plan for the following reasons: · The school site is central to the community and north of McLeod Road. · Open space linkages are being provided to the community. The school and church are located on an arterial road. Although the secondary plan does call for these uses to be located on a collector road to provide accessibility, their location on McLeod Road would meet the secondary plan objectives of providing good accessibility and minimizing impacts on the surrounding residential community. Compatible design with the surrounding residential areas will be achieved through site plan control. 3. The requested zoning amendment is appropriate. The Institutional (1) Zone is requested. Both the church and the school are typical institutional uses. Development of the church site may not occur for several years. The school is anticipated to be constructed for the 2003-04 school year. The site plan submitted with the application is very preliminary. The developments are proposed to be constmcted in compliance with the standard regulations of the Institutional zone. The applicant has requested the amending by-law to be available for Council's consideration this evening and is included in tonight's agenda. 4. Landscaping, buffering and access will be dealt with at the Site Plan Approval stage. Submission of detailed plans would be required at the site plan stage. At that stage, providing landscaping and buffering abutting future residential areas should be dealt with, along with the development of pedestrian linkages to residential areas. Four access points onto McLeod Road are shown on the concept plan. This may be excessive. The number and spacing of access points should be reviewed at the site plan stage. Preservation of the existing mature trees should also be considered at this stage. November 12, 2001 - 4 - PD-2001-98 CONCLUSION: The proposal to construct a place of worship and school on the subject parcels conform to applicable Official Plan and Secondary Plan policies. The parcels are located on McLeod Road which functions as an arterial road. This location should minimize disturbances to future area residents as the sun'ounding area develops and provide easy access to the neighbourhood. I_,ir~kages, access, landscaping and buffering will be addressed at the site plan stage to ensure the uses are compatible with the surrounding future residential area. The requested by-law to change the zoning of the land from Development Holding (DH) to Institutional (I) is included on tonight's agenda for Council's consideration. Prepared by: Andrew Bryce Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services Attach. F[LE: S:WDR~2001WD2001-98.wpd74 SCHEDULE 1 LOCATION MAP Subject Lands Parcel Parcel 1 Amending Zoning By-law No. 79-200 Part of Township Lot 169 Former Township of Stamford now City of Niagara Falls Applicant: River Realty Development Inc. AM-30/2001 1 :NTS SCHEDULE 2 I Parkside Road Petition fgr the INSTALATION and SERVICE ofNiaeara Falli City Sewage Services for the Residents of Garner Rood The undersigned are residents of Garner Road, located between Luedy'a Lane and McLeod Road toward Brown Road in Niagara Falls. We are tL0.Lin protest of the development of property now underway between Kalar and Garner Rd. Itt the year approximate, 1990, the Planning Department of the City of Niagara Falls and the re$ide~nt$ of Garner Rd held a mectlng for the purpose of diseussion to requeut sewers and services to Garner Rd, At this time we were informed by the Fianning Department that when further residential development were to commence in our area, would be then be considered f:br the installation and services of city sewers, Now that the development of land between Kalar and Oarner Road is well undarway, we the Residents of Garner Read are tbrmally requestin$ installation of sewers a11d sewage services. The Cih/of ,l~l~llJ Niagara Fallsll~/ 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-2001-156 November 12, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2001-156 Public Meeting to Amend By-law No. 99-144 Deletion of Industrial Development Charges RECOMMENDATION: It is recommended that Council hold a public meeting for the purpose of obtaining public input on the proposed amendment to By-law No. 99-144. BACKGROUND: The Development Charges Act (Bill 98) requires that the City hold a public meeting in order to amend the existing development charges By-law No. 99-144. The public meeting has been advertized for three consecutive weeks beginning on October 22, 2001. The purpose of the meeting is to receive public input into the proposed deletion of the industrial development charge that is applicable to the area on the attached sketch. Attached is a short background study supporting the amendment. Once the public meeting is held, staff will revise the by-law accordingly and submit a further report for Council's approval. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws 2001-11-12 -2 - MW-200'i-156 Council's concurrence with the above recommendation would be appreciated. Prepared by: Sam Iorfida Manager of Special Projects Recomme. nd~ by: Ed Dujlovic, P.Eng. Director of Municipal Works SI:mt Respectfully Submitted by: Edward P. Lusfig Chief Administrative Officer Approved by: ~] Johrl&d~5~-~ ~/~t~ ' Executive Director of Commtmity Services Attachment S:XREPORTS~001 Repmns~vlW-2001-156 - Public Meeting to amend by-law 99-144.wpd Schedule "E" - Industrial Ama Map, to By-Law Number 99-144 Industrial Area Development Charges Planning & Development Department The City of Niagara Falls Canada 4310 Queen Street P.O. Box 1023 N~agara Fa Is, ON L2E 6X5 BACKGROUND STUDY RE A PROPOSED AMENDMENT TO THE CITY OF NIAGARA FALLS DEVELOPMENT CHARGES BY-LAW NO. 99-144 Draft- For Dlsoussiort Pum,',ses OCTOBER 5, 2001 PLANNING FOR GROWTH C.N. WATSON AND ASSOCIATES LTD. ECONOMISTS 4304 Village Centr~ Court Mlsat~auga. orttado, Canada L4Z IS2 Telephone: (905) 272-3600 Fax:. (905) 373-3602 e-atari- IltJoOotwatson.on.ca BACKGROUND STUDY RE A PROPOSED AMENDMENT TO THE CITY OF NIAGARA FALLS DEVELOPMENT CHARGES BY-LAW NO. 99-144 The City's Development Charges By-law (NO. 99-144) passed July 12, 1999, which came into force August 2, 1999, imposes development charges on different development types, as follows: 1,1 Residential Develooment Charoes 1.1.1. Urban Area (excluding Core Tourist Area) 1.1.2. Core Tourist Area 1.1.3. Non-Urban Area Separably for: · single and semi-cle£ached dwsTlings townhouse dwelling~ o baehefor and one bedroom o two+ bedrooms 1.2 Commercial and Institutional Develooment Charges .2.1. Urban Area (excluding Core Tourist Area) .2.2. Core Tourist Area .2.3. Non-Urban Area per square root ol' gross floor area 1.3 Industrial Develooment Charc~es 1.3.1. For industrial uses defined in Schedule "F", , within the Industrial Area Identified ~n Schedule E to the By-law (excerpted as the next two pages) A per a~re oharge of $3,027 ($7,480/ha) ($.3,419/aore and $8,448/ha a~ of October, 2001) The industrial charge was based on the cost of sanitary sewer, water, storm sewer and road services. This differs from the City's residential, commercial and institutional development charges, which also contained components for fire protection, transit, parks and recreation and library. C,N. Wat~'~n and Associates Ltd, H:W~gFalI~DG By~aw Amendmentlbackgtound srudy, doo SCAY, DULE rNDUSTRIAL USF, S, TO BY-LAW NUMBRR 99- 14~. il) Buildiugm or Struoturu~ a~cY~llary tu a Quarry or ii) ~t~ or.~hait ~ Facility iii) Coniractor's or Tr~tu Shop, not iuoludi~g show':ooms ur r~tail iv) Establi.l~m~m~ for thc mervi~nS or repair ofmachine~ or uquipmunt v) Fa~ory, Plant or Mill vi) Macbiuc Shop vii) Maatffacturiag, Assembly, Fabricating or l~oe. essi~g ]~acility viii) Tnm~ort~o~ Shipping or Puel $~omg~ ~) W'me~y or Brewery ~) Or, ce or Lehomtory used exolusivcly in corme~t~on with ~my of xi)) Rtor~§e Building or S~ntct~:c u~cd exclusively in c, mu~.ou w~th a~y of the foregoing xiO U s~ ~imil~r to ~e foregoing The by-law further indicates that no industrial charge Shall be collected where a corresponding development charge he.S bean paid under the terms of a previously executed subdivision agreement or where an existing industrial building is enlarged by 50% or less. The land designated in SChedule E is the only industrial area in the City which is subject to development charges. Industrial development cccurrlng elsewhere in the City is not subject to payment of a development charge. A number of Ontario municipalities cio not impose indus~al development charges, in an effort to encourage that form of development (e.g. Durham Region, Toronto, Sudbury, etc.). Commemial development generally locates in close proximity to residential and tourism areas, but industrial development tends to be more 'ffootloese" and difficult to attract; hence, indust~al development charge policy should be considered from an economic development perspective. The City of Niagara Falls wishes to take appropriate steps to encourage industrial development to occur throughout the City, including within the subject area. The removal of industrial development charges for City purposes~ within the City is considered tO be a positive step from an economic development perspective at this time. The anticipated loss in development charge funding is expected to be compensated for, over time, via an increase in the City's rate of industrial development and the resultant increase in net property tax and non-tax revenue proceeds. Consequently, an amendment to the City's development charge by-law 99-144 is propoeed for adoption by City Council, immediately following the conduct of a public meeting required by the Act. The following schedule is proposed for adoption of same: 1. Council/Committee presentation previously made? 2. Ad placed in newspaper(s) (draft follows) 3 weeks+ prior to public meeting October? 3. Background study and proposed by-law available 2 weeks+ prior to public' ' to public meeting .October? ~ This Background Study does not address Regional developmem charges Or school board education development ohar~les. C.N. Walson a~d Associates Ltd. H:IIViegFa~DO By.law Amendme~beckgreu~l ~tudy, do= o !.4. Council holds public meeting November? 5. Council considers adoption of backcjmund study November? (immediately and passage by-law following public meeting) 6. Newspaper nptice given of by-law passage by 20 days after passage 7. Last day for by-law appeal 40 days after passage 8. City makes available pamphlet (where by-law not by 60 days after infome date appealed) C.N. Wa~.son and Ass~iates Ltd. H:W~agFa#~DC By. law Amendtnent~bac~ground st~ly,doc APPENDIX A THE PROPOSED BY-LAW AMENDMENT C.N. Watson and Associates ltd. H:WiagFa~DO By. law Amendmergtbackground study, doc THE CITY OF NIAGARA FALLS BY-LAW NO. A-1 A by-law to amend By-law No, 99-144 WHEREAS section 19 of the Development Charges Act, 1997, S.O. 1997, c,27 (the Act), provides for amendments to a development charge by-law; AND WHEREAS the Council of the City of Niagara Falls requires certain amendments to By-law No. 99-109 in order to delete development charges in regard to industrial development; AND WHEREAS in accordance w~ the Act, a development charge background study has been completed in regard to the deletion of industrial development charges within By-law No. 99-144; AND WHEREAS the City of Niagara Falls has given notice and held a public meeting on the ?? of November, 2001, in accordance with the Act; AND WHEREAS the Council Of the City of Niagara Falls has determined that a further public meeting is not necessary pursuant to section 12(3) of the Act; NOW therefore, the City of Niagara Falls HEREBY ENACTS as follows: Part IV of By-law 99-144 including Sections 11, 12 and 13 inclusive, as well as Schedules E and F, are hereby repealed; Section 29 of By-law 99-144 is hereby amended by deleting "E" and "F" and by inserting "and" between "C" and "D"; This by-law amendment shall come into f0me and effect as of November.~, 2001. Read a first, second and third time and finally passed this ?? day of November, 2001. Mayor Clerk Watson end Ass~x~iates Ltd. H:tNlagFa~DC By-law Amendmenttbaekground study,doc APPENDIX B DRAFT PUBLIC MEETING ADVERTISEMENT O.N. Watson end Asscmi, ates L~. H.'~I~Fa~DG By.law Amendmen~h~"uground ?,04 HEARTLAND FOREST NIAGARA TRAFFIC IMPACT STUDY ISSUES SCOPING MEETING INFORMATION PACKAGE 1. ATTENDEES Karl Dren, City o1~ Niagara Falls Dave Heyworth, City of Niagara Falls Bob Johnson, Region ol~ Niagara Peter Dortoa, Ministry of Transportation Dick Hodge, Upper Canada Consultants Tim Stuart, Totten Sims Hubicki Associates Kris Jacobson, Totten Sims Hubicki AsSociates 2, DESCRIPTION OF PROPOSED DEVELOPMENT Heartland Forest Niagara is a mixed use Christian resort offering a multitude of uses to patrons. The proposed development is to be located on ~)ac~e parcel of land at the comer of Brown Road and Kalar Road in the City of Niagara Falls. The resort will include the following uses: ~,~'r · l~e room hotel, 'fEte. e.~.~..-b · / · 350 cottage villas, · 150 recreational vehicle lots, · 5,000 seat outdoor emphitheatre, 36,000 square feet of meeting/conference facilities, · Indoor waterpark, · Indoor sports area, · Vadous outdoor recreational facilities including baseball diamonds, soccer pitches, picnic areas, and nature trails. A pre iminary site plan as well as a key p an for the area have been attached for your reference. 3. STUDY AREA ! AREA OF IMPACT The following study area boundaries have been selected for the purposes of this StL~dy: McLeod Road (north bounda~), Lyon's Creek Road /Biggar Road (south boundary), Montrose Road (east boundary), and/~e. Garner Road (west boundary) · The City of ~'Jl~ Niagara Falls !1~1~ 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 November 12, 2001 Doug Darbyson Director PD-2001-99 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-99, Request for Extension to Draft Plan Approval Ascot Woods Extension 6, 26T-92003 Owner: Ascot Woods Limited RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within two years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. PLANNING REVIEW: In a letter dated October 18,2001, the developer submitted a request for an extension to draft approval of the Ascot Woods Extension 6 Plan of Subdivision (see attached letter and location map). Original draft approval for the Planwas received from the Region on September 15, 1994. Previous extensions have been granted. In addition, a temporary extension was granted by staff as the anniversary of the formal approval site has passed and to allow a review of the request. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development Now.'mber 12, 2001 - 2 - PD-2001-99 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan consists of 3 blocks of land for residential apartments and a block for commercial use. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The Region has no objection to the extension of draft approval for a one-year period. The developer has indicated that there has been no market for the commercial or apartment sites within the plan. However, the developer intends to register the subdivision shortly with anticipated government incentive programs assisting in the sale of the apartment blocks. The final registration of this subdivision plan, as well as others in the City, may potentially be delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have a development strategy in place that permits development to proceed City-wide on the basis that the City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation program has been suspended which affects this City/MOE development strategy. Therefore, all developments must be reviewed individuallyto determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a further one-year extension (until September 15, 2002) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information purp.oses. Prepared by: Richard Wilson Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S:~PDR~2001 \PD2001-99.wpd BRIAN SINCLAIR, Q.C. Barrister and Solicitor 6617 Drummond Road Niagara Falls, Ontario L2G 4N4 TEL: (905) 356-7755 FAX: (905) 356-7772 October 18, 2001 City of Niagara Falls Corporate Services Department Planning & Development P,O. BOX 1023r 4~0 ~" ~ ~* NIAGARA FALLS, Ontario L2E 6X5 Attention: Mr. Doua DarbySon Dear Sir: Re: Extension of Draft Plan Approval Ascot Woods Extension 6 __ Your File NO, 26T-92003 Thank you for your letter of September 13, 2001. I would request that you treat this letter as a request to extend draft plan approval for a further one year period and enclose herewith cheque of Ascot Woods Ltd. in the amount of $500.00 to cover your fee herein. I am also sending a copy of this letter, together with the requisite fee of $350.00, to David Farley of the Region's Planning and Development Department so that he is aware of our request for an extension. There has, unfortunately, been no market for our commercial or apartment sites. We are, however, going to proceed with our draft plan and bring same up to registration, hopefully, this year. I understand that the Federal Government is going to have some incentives insofar as apartments are concerned, which may facilitate the sale of the apartment sites. BS/ab Yours faithfully~ Mr. David J. Farley ~ Enclosed find cheque of Ascot Woods Ltd. in the amount of $350.00 to cover your extension fee herein. Draft Plan of Subdivision Ascot Woods Extension 6 26T-92003 Location Map Subject Land NiQgclro FOils 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 Doug Darbyson Director PD-2001-100 November 12, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-100, Appeal to Zoning By-law No. 2001-213 AM-23/2001, 4199 River Road Alternate Parking Requirements for a Proposed Expansion to Souvenir City RECOMMENDATION: It is recommended that Council reaffirm, by resolution, the passing of By-law No. 2001-213. BACKGROUND: The City has received an appeal to Zoning By-law No. 2001-213 from residents of Elgin Street. The by-law would permit an alternate parking standard for a proposed expansion to Souvenir City at 4199 River Road. The reason for appeal is, essentially, the potential impact of the diesel fumes, emanating from the buses that will be carrying the majority of the patrons of Souvenir City, on the residents and their health. The residents also cite potential devaluation of their properties. The City is required by the Planning Act to forward the appeal and other applicable information to the Board within 15 days of the last day of appeal. The Board requires that Council's position be submitted with the appeal. However, in this case, as the documents have already been sent to the Board, this report and the resolution will follow under separate cover. Working Together to Serve Our Community Cler~('s · Finance Human Resources Information Systems · Legal Planning & Development November 12, 2001 - 2 - PD-2001-100 CONCLUSION: Council passed By-law No. 2001-213 in accordance with the requirements of the Planning Act and based on staff's recommendation, comments from agencies and individuals and submissions made at the public meeting. A resolution of Council to reaffirm the passing of By-law No. 2001- 213 is required. e~ , ~6'l~n*B arnsley Planner 2 Recommended by: Doug Darbyson Director of Planning & Development R~tfully submitted: ~ Edward P. Lustig Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services JB:am Attach. FILE: S:\PDR~2001\PD2001 -100.wpd74 No. Moved by Alderman Seconded by Alderman November 12, 2001 RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law No. 2001-213, a by-law to permit an alternate parking standard for a proposed expansion to Souvenir City at 4199 River Road. AND The Seal of the Corporation be hereto affixed. R. O. KALLIO WAYNE THOMSON ACTING CITY CLERK MAYOR Notice of Appeal To whom it may concern Oct, 9~ 2001 We the following resident's Elgin St. wish to appeal the passing of zoning By-Law No.2001-213 in the city of Niagara Falls, Ont. To the O.M.B. My reasons for doing so are as follows it poses a serious health issue for my seven years old son as he is chronic usthmatic and allergic to smoke he as a machine for attacks also puffers, he will be serious affected by the presence of buses idling next door to his house where he sleeps and breathes, and plays outside in his back yard./,Where he won't be able to no more because of that diesel fumes? ,Mse there are a lot of kids here in this neighborhood, and is going to be a serious safety ba?ard. He has put a bus parking lot right next to my house with no concem for my son health or any one else's health, as we have a breeze always coming offthe river and now it will be blowing all the diesel fumes fight in our homes. I thought we all had a right to breath clean safe air, this is a serious environmental issue, also my property value I wonder who would want to live next to a diesel parking lot and breath fumes everyday also the applicant purchased the two properties be side me known as 4222 and 4232 Elgin St., I new the previous owners ve~ well. They were always zone R1 and when they where purchased by the applicant for this expansion all offa sudden they are now zoned tourist commercial, no meeting, no notice to the neighbor. ,Mso Mrs. Scott and Mrs. Avellano have serious health problem witch will be seriously complicated by these diesel fumes, I also called the Regional Assessment office about these properties are zoned R2 his name was Peter. We wish no ill feeling between the residents and the builder but we feel he is completely taking over the neighborhood and City Hall is missing the boat in regard's to the problem with diesel fumes so I am enclosing some facts on Diesel Fumes and what they will and can do to you health. Also how can City Hall pretend to care about clean air with the no smoking in public places by-law, but will allow buses to pollute the air of it's residents and children. 'Your Truly, The residents of Elgin Mr.'s Claude Scott Mr.'s Fred Collette D~sel Exhaust Poses Huge Threat: Air Pollution Poses Health Risk Page I of 1 Diesel Exhaust Poses Huge Threat by Jill Escher The planned new Caltrain Maintenance Facility adjacent to the Oarden Alameda neighborhood will house about 20 diesel-powered locomotives and 80 passenger cars. The deisel locomotives will idle for long periods of maintenance, and will idle overnight in cold winter months; Air pollution resulting from the train operations was not adequately addressed in the Environmental Assessment of the Facility. This is a serious omission, because the fumes and exhaust pose an enormous ongoing threat to residents of Garden Alameda and the Avalon on The Alameda area. Diesel exhaust is a carcinogen. People who live near train yards face a heightened risk of cancer, allergies, and asthma. Fine particles of carbon and sulfur in deisel exhaust can hover in the air for 10 days. The particles are easily inhaled, penetrating deep in the lungs. Hundreds of cancer-causing petroleum-based chemicals are bound to these particles, causing tumors in every animal tested. From routine exposure, people face a cancer threat from diesels comparable to the risk from breathing secondhand tobacco smoke, according to the Health Effects Institute. The Institute states that diesel ranks as one of the more potent sources of long-term carcinogenic exposure to the public. It is one of the leading causes of environmental exposures that lead to lung cancer. In fact, last year the California air board last year declared diesel particles a cancer-causing pollutant. Diesel particles are also responsible for causing and aggravating allergic reactions and asthma attacks in some people. Furthermore, Caltrain recognizes the threat from diesel smoke and has trained its workers accordingly. The neighbors of the Caltraln Maintenace Facility deserve a thorough review of the potential impacts of non-stop exposure to the high levels of carcinogenic deisel exhaust that will be generated by the 20 or so deisel locomotives housed at the Facility. JBP's earlier "finding of no significant impact" as to both noise and air quality is simply fraudulent. The Shasta Hanchett Park Neighborhood Association demands that the Facility not be constructed until an EIR is completed, a thorough public review is conducted, and adequate mitigations are identified and FULLY FUNDED. Our health is clearly at risk. htip://w~w shpna.org/caltrain/caltdiesel.htm 10/9/01 CYBERSTEERING- News Snippets Page 1 of 1 Think twice before you choose a diesel car over a petrol car. Swedish consultants at Ecotraffic have found carcinogenic potency levels of diesel exhaust from Indian cars to be mo~ than twice that from petrel cars. It has also been found that diesel emission is not only cancar--causing, but can also trigger serious allergies and affect the poor the most. tn a study conducted for the Centre for Science and Envirenment (CSE), Swedish consultants Peter Ahlvik and Ake Brandberg at Ecotraffic have found that after taking into account all the toxic components in emissions, the cancer potency level of diesel cars is double that of petrol cars in India. According to the study, if particulate emissions alone are compared from different car models, then the cancareus effect of diesel particulate matter (PM).from one new diesel car is equal to that of 24 new petrol cars and 81 compressed natural gas (CNG) cars on roads. According to CSE, the results of this study are further supported by evidence from another study conducted by the German federal environment agency (UBA). UBA has found diesel to be several dozen times more cancer-causing than petrol. Diesel particles alone constitute as much as 95 per cant of the cancer-causing potential of all diesel emissions, according to the UBA report. Differences in the cancer potency of vehicles can arise because of different fuel quality, engine technology and local temperatures. What further adds to the risk from diesel fumes is their ability to trigger and exacerbate a wide range of non-cancerous effects, including allergy, asthma and other respiratory problems. According to a CSE statement, the evolving scie, nca of pollution has completely eluded Indian air quality regulators. They have failed to develop precise strategies to phase in cleaner fuels and technology by taking into account these health parameters of risk assessment, says CSE. According to the Ecotraffic study, one diesel car is equivalent to two petrol cars if all gases emitted by the vehicles are taken into account. However, if only particulate emission is considered, the carcinogenic effect of one new diesel car is equivalent to 24 new petrel cars on the read, according to the study conducted by Ahlvik and Brandberg. The Ecotraffic study compared the cancer potency of cars running on a wide range of fuels-diesel, petrol, methane (CNG is 80 per cant methane) and alcohols (methanol and ethanol). The most alarming finding of the study is that the cancer potency of diesel particulate is much higher compared to the total effect of all carcinogenic compounds present in petrol vehicles. Ethanol, methanol and methane (CNG) are definitely cleaner options than diesel and petrol. The results confirm that although fuels like ethanol and methanol are cleaner than petrol and have lower cancer potency, the best option is CNG. Liquefied petreleum gas has not been investigated, but it is likely that this fuel would be somewher~ between alcohols (methanol and ethanol)and CNG, say Ahlvik and Brandberg. ~]n a diesel engine, the combustion system itself leads to high emissions of soot and particles. Even if petrel is substituted in a diesel engine, the smoke and particulate emissions would be almost as high. The only possible solution to significantly reduce particulate emissions would be to use particulate filters. However, according to CSE, since such filters are not likely to be introduced on a larg~ scale in Europe before 2005-and presumably later in India-this drawback inherent in diesel cars is likely to persist for the next decade. (Financial Express - 21/5/2000) Stephen Handelman When Smoke Gets in Your Lives Booming cross-border truck trade may be turning into a health hazard ELIZABETH MARTINA, A BUFFALO~ N.Y.~ PRIMARY school principal, often wakes up in the middle of the night coughing and sneezing. Her two teenage sons have developed respiratory infec- tions. The view from her backyard may help explain why. Less than 200 m from Martina's neat Victorian frame house on Buffalo's west side, an endless line of semitrailer trucks and passenger cars snakes toward the busy Peace Bridge, crossing to Fort Erie; Ont. The traffic jam shim- mers in an ozone haze. "The traffic is getting worse every year," says Martina. "And our health has gotten worse along with it." Every day more than 6,000 trucks rumble across the Peace Bridge, carrying about 7% of the $454 billion an- nual trade between the U.S. and Canada. At this and 13 other major crossing points, the world's most profitable trading relationship is straining the limits of cus- toms facilities and causing vehicle congestion, costly delays and, it now appears, a looming environmental and health mess. How bad is the problem? A Buffalo General Hospital study last month found that hospitalization rates ~or asth- ma and other acute respira- tory ailments among the 45,000 residents of Marti- TAlLPIFEUNr:Trucksqueue°~theU.S. slde°fthePeaceBHdge na's neighborhood have skyrocketed since N,~'rn went into effect in 1993, climbing 72% by 1996, the last year for which figures are available. The study identified children as being most vulnerable to the flood of diesel exhaust emanating from Peace Bridge enstoms stations, whore trucks wait as long as an hour these days for clearance. About 23% of the 2,300 nearby Buffalo youngsters ages 4 to 14 have chronic asthma, in contrast to a U.S. national average of 6.9%. (No similar figures are available from the less densely populated Canadian side of the bridge.) "We can't directly connect their asthma with their level of exposure to pollution, because there aren't measuring sta- tions in the neighborhood," says Dr. Jamson Lwebnga- Mukasa, the study's author. "But even when you take into ac- count other factors like exposure to household tobaeoo smoke or pollution in the home, the loeaticu seems to be what really counts.' All the same, says Rino Mastaeei, Fort Erie's planning director, "people in this area are constantly complaining about air qmdity.' Notes Lwebuga-Mukasa: "People have been concentrating on environmental health issues on the Mexiean-U.S. border, but no one really thought to ask what was going on at the north- ern border." The doctor, an asthma specialist who taught at Yale before coming to Buffalo, plans to fol- low up this fall with a more intensive review of health data and traffic patterns in the Peace Bridge area. What he finds may not be news to the people who inhale the problem at the front lines. "We've been seeing the congestion problem coming for years, and we've been de- veloping better technology to handle it," says Stephen May- er, the U.S. co-manager of the binational Peace Bridge Au- thority. Computerized processing systems have cut crossing times considerably by allowing most trucks to register their loads in advance with U.S. customs inspectors, liar-code technology is sehedulod to be introduced this fall on the Canadian side, which will allow trucking companies to pro- vide monthly accounts to customs authorities rather than the detailed and time- consuming inventory now required. But one recent morning, Mayer watched in frustration as a line of honk- ing 16-whcelers stretched al- most a kilometer, waiting to enter the narrow three-lane bridge. Says Mayer: "We can't just keep building high- ways and more infrastruc- ture; we need a different way of looking at how we share the border.' That's tricky. Senior offi- cials in both countries have been quietly discussing how to turn the 8-hectare ens- toms area in Fort Erie into an "international customs zone," where U.S. and Canadian inspectors oould work side by side at a single crossing point. That would eliminate most border tie-ups, and it would also lay the foundations for a joint- customs-union-type approach to border management. Not surprisingly, the idea has mn into political hurdles. Canadian and U.S. officials say such a solution would require a new U.S.-Canada treaty to iron out differences in customs management, including gun restrictions and pow- ers of arrest. "We're not there yet," says Canadian Customs Commissioner Bob Wright. U.S. Representative John LaFalce of New York reluctantly agrees: "No one in Wash- ington is really ready to concentrate on that." Still, LaFalee, who chairs the northern border caucus in the House of Rep- resentatives, believes environmental health concerns may force minds on both sides of the border to focus on the issue. In the meantime, LaFalce was instrumental in obtaining a $213,000 grant from the U.S. Centers for Disease Control in Atlanta to fund Lwebuga-Mukasa's study. "What's hap- pening on the northern border is a multifacetod cri- sis,'' says the lawmaker, "and we've got to start pay- ing attention to it." The health and welfare of a lot of people may be at stake. · TIME, AUGUST 27, 2001 35 The City of Niagara Falls Local Architectural Conservation Advisory Committee 4310 Queen Street P.O. Box 1023 Niagara Falls. ON L2E 6X5 web site: www.city.nlagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls,on.ca Kathleen Powell Director Mayor Wayne Thomson and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 October 19, 2001 Dear Mayor Thomson and Members of Council: It has come to the attention of the Local Architectural Conservation Advisory Committee (LACAC) that a demolition application has been submitted for the building at 6158 Main Street, locally known as the old Coke plant. This Committee feels that it would be a great loss if this building were to be demolished. Although the building is not designated under the Ontario Heritage Act, it is an excellent example of the Art Deco Style which was popular in the 1930's. Of particular concern to this Committee is the erosion of the streetscape on Main Street. This street is very significant in the history of Niagara Falls due to its association with the Portage (old Portage Road), and it is slowly being lost to demolition. The Coke building adds to the sightline of the street and would leave a noticeable gap should it be demolished: Should the demolition permit be approved, however, we ask that the property owner consider re- using the existing stone facade in their new construction at the site. Submitted respectfully, Kathleen Powell Chair, Local Architectu[lf~ Conservation Advisory Committee KP:[c c: LACAC Members 581858 Ontario Ltd. c/o Henry Muller FILE: S 5HISTO RY~LACACV3EN ERA L~,001 \CokeBld gdemo,v4:}d Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development The City of ~ Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Fails. ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca F-200'I-67 Ken Burden Director November 12, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2001-67 - Water Meter Information - Further Report RECOMMENDATION: Thai: City Council maintain the current rate and fee structure for the City's Water/Sewer Utility. BACKGROUND: On September 17, 2001, a public meeting was specially called by the City Council to address public concerns over the implementation of the water meter program and the billing to ratepayers for water/sewer costs. Staff provided a PowerPoint slide presentation to the Council and Report MW-2001-124. This report provided a brief history of Council's consideration for water meters. It gave a brief overview of the public information campaign. It also provided several frequently-asked questions that staff have encountered and staff responses to the questions. All of the information details a process over several years to today' s full implementation of the water meter program and the billing to ratepayers for water/sewer costs. Attached is the report that was presented on September 17th including the frequently-asked questions from the public. The public meeting on September 17t~ provided another opportunity for the public to present their concerns. Although some of the speakers comments were repetitious of the concerns, there were a variety of issues raised including suggestions for the City Council to consider to resolve them. The :following is a summary of the public concerns received at the meeting on September 17, 2001. CONCERNS ABOUT FAIRNESS Ratepayers expressed their concern about the fairness of the City's water/sewer billing system. For example, the cost of treating rainwater as sewer is unfairly charged to ratepayers when they control neither the rain nor the decisions that would separate rainwater from sewer; likewise, charging for sewer when usage of water is for gardens and watering lawns. Similarly, ratepayers expressed concern about the fairness of monthly charges when there is no use at all of the water/sewer service. November 12, 2001 -2- F-2001-67 Rate,payers expressed concem that the City's water/sewer billing system unfairly charges ratepayers who cannot afford to pay; for example, senior citizens on an income supplement no longer receive an annual subsidy from the City for the water/sewer bill. Ratepayers also expressed concern that the City's water/sewer billing system did not include adjustments for the seasonal use of water; for example, during the summer season, ratepayers use more water that does not go into the sewer system. Likewise, different areas of the City require more maintenance and replacement, however, the billing system does not distinguish between these area ratepayers. CONCERNS ABOUT COSTS OF WATER/SEWER SERVICE Ratepayers expressed their concern about the costs of water/sewer services. For example, the sewer consumption rate is almost twice the rate that the City pays to the Region for sewer treatment. Similarly, the water consumption rate was significantly more than what the City pays the Region for water purposes. Ratepayers expressed concern that the monthly charges were for costs like debt payment, maintenance, and capital program, that do not directly relate to their usage of water and sewer. Similarly, ratepayers expressed concerns about the cost for the water meter and installation even though the meter does not belong to the ratepayer. Ratepayers expressed concerns that the water/sewer service contained charges that were giving the City a profit. For example, charges for sewer when the water used was not going into the sewer, and monthly charges even though there was no use at all of the water/sewer system. Ratepayers expressed concerns about the disclosure of the various costs/charges that were included in the water/sewer billing. The publication of the increases was presented as an average rather than the detailed increases for each rate or fee which the Council approved. Ratepayers expressed concerns that comparative costs in the neighbouring municipalities were sigrdficantly more than the costs experienced in Niagara Falls. SUGGESTIONS TO ADDRESS CONCERNS: Option 1 - Pay for Usage The water meter program has provided the mechanism by which the usage of water, and consequently the treatment of the used water, can be measured. This volumetric charge provides rew~nue to the City to pay for the costs of the water purchased from the Region and for sewer treatment. Although sewage treatment is not metered, the surcharge could be calculated to better address the volume of used water to be treated. Under this option, the ratepayer would pay the regional cost of water and the regional cost for sewer treatment. The volume of sewer treatment would be equal to the volume of water purchased or something less in order to reflect that not all the water used goes into the sewer (e.g. lawn watering, watering gardens, etc.). In addition to the volume charge for water and sewer, the billing would include a flat rate charge for the maintenance of both the water system and the sewer system. The monthly flat fee would pay for suclh costs as regular maintenance ofthe system and billing charges. This user pay option addresses November 12, 2001 -3- F-200147 some of the concerns of ratepayers for their control of costs. The ratepayers' control is in whether they mm on the tap. Under this option, not all of the costs would be charged in the water/sewer billing. Some ofthe costs would have to be charged to another revenue source, most likely, property taxation. These other costs would include debt repayment, contributions to capital works programs, leaked water costs and sewer infrltration treatment costs. Option 2 - Seasonal Rates This option also addresses the concerns ofratepayers for the usage of water that does not find its way into the sewer system (e.g. lawn watering, watering gardens, etc.). This option would provide varying rates of sewer charges respective of the seasonal changes in the year. For example, during the summer, the sewer charge would be less than what is charged in the winter. This option presents complexity that will require staffto estimate the usages of sewer treatment during each season. This option could also be integrated with the user pay option to provide even further attempts to satisfy ratepayers' concerns. As with the user pay option, costs that are not recouped through various sets of rates would have to be charged to another revenue source, most likely property taxation. Option 3 - Rebates for Low-Income Seniors Prior to 2001, the City provided an annual $100 rebate to low-income seniors. This rebate was in recognition that some seniors, firstly, did not consume the quantities of water that a large family might and, secondly, did not have the financial resources to pay the City's flat rate water bill. Implementation of the water meter program addressed this disadvantage to seniors by providing a means by which the senior's water bill could be reduced simply through the metered billing system. Unfbrtunately, not all seniors benefited from the water meter program. The water rebate program can take many forms but generally requires a method by which the low-income seniors can be identified and the cost of the program recouped from other ratepayers. For 1998 to 2000, the programs have cost on average $52,800. Option 4 - Variations of Water/Sewer Billin~ Variations of the current system being modified by the above options could be explored to perhaps find the optimum compromise in addressing ratepayers' concerns. This means that any costs that are not recouped through the water/sewer billing must necessarily be charged to another income source, most likely, property taxation. Staff advises that the current full cost recovery was achieved through a process of almost ten years in the making. Future change should not be expected to occur quickly as the approach will cause shifts of costs that may equally create taxpayer concerns. IMPACTS ON PROPERTY TAXATION Each of the suggested options would cause some of the water/sewer costs to be charged to another revenue source, most likely, property taxation. For example, if all of the suggested options were implemented, approximately 60% or $14.5 million could be removed from the water/sewer billing. If all of these costs were redirected to property taxation, the levy increase would be substantial; for each $1,000,000 in transferred costs, the levy increase is approximately 3%. Taxpayers would be required to pay these costs in proportion to the assessment on their property. November 12, 2001 -4- F-2001-67 OTHER IMPACTS Conservation of water usage is a major focus for the water meter program. The water/sewer billing is based on the metered usage of the water and consequently promoted conservation. By transferring costs from the water/sewer utility, the motivation to reduce usage/cost is affected and may undermine conservation efforts. Provincial discussions on the provision of water/sewer services have identified a preference to the full cost recovery billing. Although these discussions have not resulted in regulation, staff fully expects that the province may require the full cost recovery billing structure in the long term. SUMMARY On September 17, 2001, a Public Meeting was specially called to address public concerns over the water meter program and related billings. The public provided several comments, questions and suggestions. In general, the public expressed concern about the fairness of the water/sewer billing system and expressed concern about the costs of water/sewer service. Several options were also presented for the Council's consideration. All of the suggested options require transfer of some water/sewer costs to another revenue source, most likely, property taxation. Also other impacts may result from changes to the full cost recovery billing structure. Staff recommends that City Council maintain the current rate and fee structure for the City's water/sewer utility. Recommended by: K.E. Burden Director of Finance Recommended by: E. Dujlovic Director of Municipal Works T. Ravenda Executive Director of Corporate Services Approved by: J. MacDonald Executive Director of Community Services Respectfully submitted by: Edward P. Lustig Chief Administrative Officer Community ~ervicee Department Municipal Worlm 4310 Queen b"treet P.O. Box 1023 Niagara Falls, ON L2E 6X5 web sits: www.clty.nlagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mall: darrells{}city, niagarafalls,on.ca Ed DuJlovlc, P. Eng. Director MW-2001-124 September 17, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario The recommendation(s) contained in this report were adopted by City Council Members: re: MW-2001-124 Water Meter Information Report RECOMMENDATION: That this report be received for information. BACKGROUND: In order to discuss the current situation with respect to thc rates for water and sewer, the first step that needs to be taken is to review the history and the decisions made by the City that brought us to the point that we ere at today. In 1992, Council authorized the formation of a Water & Wastewatcr Subcommittee. One of the first recommendations of thc Committee contained in report MW-92-278 was increasing thc sewer surcharge from 70% to 85% and the removal of the corresponding amount fi'om the urban service area property tax. In addition, the Committee was to continue investigating sewer charges, billing periods, billing methods, water charges and other related matters. Thc Committee, late in 1993, presented report MW-93-246 that recommended the sewer surcharges be increased to 100% for 1994 and that the Water and Wastewater Subcommittee further investigate the utility approach to water and wastewater, including universal water metering. The report indicated that water and wastewater should be totally funded by user pay fees, thus there would be no funding through taxation and, in order to implcmcnt this utility approach, several changes were required to be made to current practises for water and wastewater billing. The changes included the revision to the water rate table, universal water metering and increases to the sewer surcharge, so that none of the sewer cost was supported by taxation. Thc report was approved by Council. It should be noted that thc Province, through thc Ministry of Natural Resources, had issued a discussion paper that year which promoted universal water metering and mandatory metering, however, due to the change in govemmem this discussion paper was never acted upon. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2001-9-10 -2 - MW-2001-124 In 1995, Council ratified repo~ MW-95-58 which recommended the establishment cfa user pay water and veastewater utility in which all cost for the delivery of water and sewer services be recovered from the water and sewer bill, universal water metering and that staff implement a strategy tbr the establishment of the water and wastewater utility. The report did go into detail on the merits of establishing a water and wastewatar utility, universal water metering, and that all sewage cost would be recovered through a user fee based on the amount of water used by the customer. Accordingly, the sewer surcharge rate was increased annually with the goal of having all costs associated with the sewer system appear on the water end sewer bill. The ~port also outlined the impact that could be expected on the various customers - those being the flat rate residential component and the existing metered sector made up of multi family rasidential, induslrial and institutional usars. The report did indicate that for the average family (2.$ 6 tbr Nju~_ro Falls) using practical water conservation techniques the cost by going to a metered system would remain about the same. The report also stated that households with one to two people should yealize a net decrease and similarly larger households would realize a net increase in cost. It was noted that the chnngc in cost to the individual customers was difficult to predict and it was dependent upon the actual water consumption for the individual household, however, the most important aspect of going to meters was that the residential customer could then control their cost by altering their water usage. As a result of enntinued concerns raised by homeowners, in particular those that have only one or two persons per household, and as a result of the ever increasing water and sewer rates, Council approved the retention of Acres and Associated Limited to carry out a water meter and rote study. The study process included a public attitude's survey, water and wastewater flows, waters meter evaluation, financial analysis, implementation strategy and public education. As pan of the process a Public Advisory Commi~2ee was formed that consisted of members of the public, which was made up of residential users and users from the already metered section which included multi fanfily, industrial and tourist commereiai. '/'he results of the study were presented to Council in early 1999 with a recommendation to Council to proceed with the installation of water meters for the residential sector and that staff continues to review the impacts on the proposed rate structure and report hack to Council. One of the highlights of the report was the results of the public attitude survey which indicated the majority (83 %) of the respondents felt that use based billing is fair and (60%) would support a use-based billing system for water and sewer. Although the report did present a chart showing the impacts of implementing metering and new rate slructure with low volume households enjoying a significant decrease in cost and average households remaining about the same, further study was needed on the rate structure to determine the impacts on the households in Niagara Falls. Accordingly, early in 2000, the City retained R.M. Louden Limited to determine the rate structure tbr water and sewer. Late in 2000, report F-2000-74 Utility Rate Structures was adopted by Council. One of the notes contained in the report from the consultant which was provided to Council was as i~llows, "Note, that the use of water consumption as a basis for billing sewer charges is common in 2001-9-10 -3 - MW-2001-124 Ontario. This is thc most feasible way of approaching user pay for recovering s~wer cost. Water meter readings are a surrogate for measuring sewage flows." and it goes on to say, "Niagara Fails as in most Municipalities, customers metered water flows are used in the calculation ora customer sewage charge. Overall, this is a faff way of achieving user pay for the sewage cost. It is meant to allocate sewer cost in proportion to each customer's usage of the system. Although, there is a flow deferential between water and sewer systems due to seasonal water use in the summer and for sewer duc to inflow and infiltration, these variations more or less even out over the year. Thc usc of water consumption is reasonable surrogate for s~wage flows and is the only practical way ofach/evin~ user pay for sanito~y sewer charges." Another important note contained in the report was, "Also, there will be high resideminl water users who will not be happy with paying for what they use. It must be emphasized that this is now a user pay system and customers have a measure of control over the size of their bilL" PUBLIC INFORMATION The City undertook a Public Information Program as part of the installation of the water meters. The program concentrated on the following points: 1. The introduction of the water meter 2. The reasons for mcterin._g water (i.e., fairness) 3. Reading the meter and detecting leaks 4. Conservation At thc start of thc process, two public meetings were held in May of 1999, one at Our Lady of Peace Parish Hall and thc other at the Memorial Arena. The meetings included City Staff and representatives of Schlumberger. At the meetings, thore were several displays showing why the City decided to switch to a usc-based system, as well as information on the type of meter, and conservation tips. The meetings were attended by 47 people. A newsletter was prepared and circulated to every home in Niagara Falls through the Ad Bag. The newsletter explained all aspects of the water meter program including conservation tips. At the same time as the circulation of the newsletter, ads were placed in the Niagara Falls Review, The Shoppers News and on the radio (River 101.1). The ads contained minimum information, but included a "hotline' and web site address where homeowners' could receive additional information. The "hotiine" was maintained by the City and Schlumberger RMS for the duration of the contract. The web site was updated from time to time to include current information, but in 2000 the web site was discontinued. City staff placed a booth at Earth Day in 1999, which included a demonstration of conservation using low flow shower heads and taps and all the information which was available for the original public meetings. This booth was set up again at Canada Day at Optimist Park this year to help further explain conservation. Handouts were available at both places to provide additional information. Further, when the Building Staff held their annual information booth at Niagara Square, water meter handouts were available. 2001-9-10 -4 - MW-2001-124 in addition to the direa efforts of the City, Schlumberger handed out information, In the/r initial contact letter, Schlumberger included the reasons that the City was switching to the Use-based billing system. Further, at each install, a drip card was dropped off. The drip card included information on ihow to read the meter, how to detect leaks and how much leaks could increase a homeowner's water bill. iln preparation for the start up of the billing, City Staff worked closely with Niagara Falls Hydro to prepare and include information with the Hydro Bill. There were two bill stuffers included in the Niagara Falls Hydw bills. The first stuffer informed people that Niagara Falls Hydro would be reading the meters on behalf of the City and that the bills would be combined. The second stuffer /ncluded a mock up of the bill showing how to correctly read the bill and monitor your own water usage. A separate joint newsletter has been prepared and drculated to the homes in Niagara Falls. It included conservation tips on how to lower water usage. This was also discussed on the Mayor's "Call in Show" on several occasions. In addition to all the information which was circulated, staff answered thousands of direct inquiries which were made cither by phone or in person. At that time, staff always tried to provide the best infommtion that was available regarding installation, billing, conservation and/or leak detection. However, particularly with billing and rates, those decisions were not made until the fall of 2000. Tbereforc, staffwas not in a position to provide the information to the public until that time. However, it is obvious, based on the recent inquiries and concerns, that more needs tc be done to help the residents unde~tand the water meter issue, including rates and conservation. To that end staff is meeting with OEB to review public education options and prepare a plan to provide the public with the information they require. The program will be concentrating on answering thc questions about rates and conservation. Further, staff wiil be reviewing the present bill to see if any changes can be made to make the information clearer. Ii is .hoped that an increased public awareness program will answer the majority of questions that are cormng forward. 2001-9- l 0 -5 - MW-2001-124 Answers to frequently asked questions are attach~ to this report for Council's iaformafion. Darrell E. Smith, P.Eng. Manager of Engineering Sec'vices ~ Director ofM~.O ~uj. low~c.,.r.~.n.g.. _. rksumo~pal Wo s~ ~ly Submitted by: Chief Administrativ~ Officer / Approved by: ~irector of Community Services DES/des FREQUENTLY ASKED QUESTIONED Why did the City institute water meters? To provide a more equitable system, Council was concerned that smaller families, especially seniors and those on fixed incomes, were subsidizing large families and the commercial sector. With a Meter Utility, your cost is based on your consumption. Why have I not saved under the water meter system? If you are consuming more than 26 cubic meters per month then you will be paying more than under the former flat rate system. Statistics Canada reports that the average person uses approximately nine (9) cubic meters per month. The average household in Niagara Falls is 2.5 people per household. Therefore, the average use should be 23 cubic meters. What is 26 cubic meters? One cubic meter = 1,000 litres 1,000 litres = 220 gallons At 220 gallons per meter, 26 cubic meters = 5,720 gallons Your cost for one cubic meter is $1.22. I hardly use any water yet my consumption is high. How come? You may have a leak in your plumbing or a running toilet. Certain activities like doing many loads of laundry contribute inordinately consumption rates. How can I tell if I have a leak? The easiest way to determine if there is a leak is to make sure all the taps are turned off in the house and that' there is no water being used (including humidifiers, air conditioners and ice machines). 2 Go to the water meter and if the red triangle located on the top of the meter is moving then there is a leak somewhere in t~c plumbing. How can I check for a leaky toilet? Oo to the toilet tank and listen for water nmulng, Place some food dye in the tank at the back of the toilet bowl and if the colouring makes it way into the bowl, providing no one has used the toilet, then the toilet is leaking water. What can I do to decrease my consumption? Use a low flow shower nozzle. According to Environment Canada (htto://www.ee.ec.ca/water~, a low flow showerhoad can decrease one's consumption by $0% or more. Do not use the toilet to dispose of dry waste. Keep a daily log of how you are using water (i.e., lawn watering, car washing, how many times the toilet is used, how many showers are taken in a day and how much laundry is being done) and reduce the frequency if possible. Usc a bucket with a sponge plus a trigger nozzle on the hose to wash your vehicle. Compared to a running hose, you will save about 300 litres of water. Make sure you ar~ doing a full load of laundry and the dishwasher is full when you use it. Has anyone actually saved under the new system? YES. Based on the first two billing periods, 62% of homeowners are consuming 26 cubic meters per month or less. Note, homeowners should expec~ that their consumption over the summer months will be higher due to normal seasonal habits. tiow does the City determine the rates? The cost to the water and sewer system are made up of: *the charges from the Region for the purchase of water and the treatment of sanitary sewage - The bill ahow~ - Service Charge - Water, Sewer, *maint~nce cost~ incurred by thc City *the capital costs, i.e,, replacing old pipes *the preparation of the bills and their collection. flow much does the Region charge for water? .31 $ per cubic meter Ilow much does the City charge for water? .410 per cubic meter the difference? Not all of the water that is pumped from the Regions water treatment plant makes it to the customers in Niagara Falls. Water is lost throughout the system. Have the meters in Niagara Falls' homes been accurate? There have been relatively few problems with the meters. In fact, the meters in homes probably under read by 3%. This is an allowable standard and is factored in when setting the rotes for water consumption How much does the Region charge for sewer treatment? .489 per cubic meter How much does the City charge for sewage treatment? .806 per cubic meter Why the difference? There is ground water that leaks into the sanitary system. 30% of the sanitary sewer system in Niagara Falls is still combined. What this means is that there is one pipe from the street that collects both sanitary sewage and storm water off the roads. Accordingly, not only does the City have to treat the sewage that the customers contribute to the system we also have a considerable amount of storm water entering the system that needs to be treated. The City is responsible for the cost of treatment of storm water. What is the City doing to resolve the problem of its aging infrastructure? Unfo~mately, 30-40% of the City still has the dated combined sewers found, naturally, in the older sections of the City. The cost to separate all of these combined sewers is in the neighbourhood of $100 million. The 2001 budget allocated $2.3 million to the sewer separation program. Obviously, it will be some time before all sewers in the City are separated. Why is the sewer charge based on consumption? It is the most common method of determining sewer usage in Ontario. This method was recommended by the City's consultant as the most equitable way of charging consumers for sewage because it is based on the amount of water used. Some municipalities place sewage charges on their tax bills. When such a method is used, the sewage rates a~e determined by assessment value of file home. Using water consumption rotes seems to be a more logical way of determlnlng these charges. if the sewer charges were to go on the tax bills what would the results be? A resident's tax bill could increase 30%. (Of course, file water bill would decrease). Because of Provincial capping requirements (certain classes of taxes can only rise a cerlain percentage per year), homeowners would be subsidizing thc sewer charges of commercial classes. Is the residential sector currently subsidi~in~ the commercial sector? No. Under thc former fiat rate system residential customers contributed about $9% of the revenues of water bills despite file fact that usage is split fairly evenly between the two groups. The user-based water meter system has helped rectify this inequity. Why am I charged so much when not all of the water I use goes into the sewer? Other then the summer months, more than 90% of the water usage in a home ends up the sanitary sewer. Also, the City needs to raise funds to pay for file water that is entering the sewer system for which the City is billed by the Region when it is treated at the sewage treatment plant. ltow much profit does the City make under this new system? None. Any gain or loss experience is put into the next year's budget. The water and sewer bill is not used as a profit centre for the City. The rates that we charge are to cover all the cost to operate the water end sewer system. 6 How does the City*$ sewage treatment cost compare to other municipalities in thc Rclgon? Why the difference? All the Municipalities within the Region pay the same rate for water and the treatment of sewage. The difference in total is dependent on the amount of water purchased and the amount of sewage that needs to be treated. The City is the third highest in the Region based on the percentage of sewage/xeated versus water consumed. The reason for this is because of a higher preponderance of older leaky pipes and more combined sewers. What are the fixed charges on the bill for? These are known as ready to serve charges and they include: *the Capital Works Program (the reph~ement of existing sewers and watermslns and decombining areas served by the old combined sewers) * debt *maintenance, which includes employees wages *cost of the water meter *billing and collection costs Why mn I now paying service charges? Homeowners were always paying these charges, however, before they were a part of the flat rate charges. We have decided to give thc taxpayers a better understanding of where their money is going. Why was the public not informed of the changes? Thc public was informed in 1999, when Council approved Schlumberger as the contractor for thc meter installation. Two public open houses were held prior to the implementalion of thc meter installation program. A flyer was disiributed to the residents notifying them of the change. In late 2000, information was provided with the water and sewer bill indicating thc changes and how the residents could determine what the impact would be on them. 7 A pamphlet, sent to residents, also indicated water conserving techniques. In addition, information was shared and discussed twice on the Mayor's "Call In Show". What kind of researeh was done in determinIng the rates? Acres and Associates can-led out a study, which included a survey of the public's attitude, on behalf of the municipality. A public advisory committee was formed which included test homes, in early 2000, R.M. Louden Limited, a consultant, was hired by the City to determine an appropriate rate slructure. How much are we paying for the actual meters? The meter instsllafion cost is $172.00 which has been added to tha ready to serve cost and amortized over several years. Why are the water bibs for Niagara Falls higher than other municipalities? The bills arc calculaIed differently. Some municipalities place the sewer charges on the resident's tax bill. In addition, the age of our system and the fact that 30% of our system is combined sewers results in higher costs. Many lawns are brown this summer. Wouldn't we have been better off under the fiat rate system? Had we been under the fiat rate system there would have been no impediment in watering one's lawn, however, in all likelihood there would have been a watering ban as was experienced in other Municipalities in the Region. Thc water treatment plant would not have been able to keep up with the demand of people watering their lawns. In addition if the City was still on the flat rate system in all likelihood we would hove been in a deficit situation in regard to cost exceeding revenues for 2001. How much water does my lawn actually need? Not as much as people realize. Many gardeners are too generous, often providing twice the amount the lawn really needs. Most grass needs 1 to 2 inches of water per week (except when rainfall makes up the difference). Watering Lawns Though lawns do n~d lots of water, many gardeners are too generous, often providing twice the amount the lawn really needs. Over watering does more than just waste water. It leaches fertilizer and natural soil nutrients from the root zone; it creates perpetual wet conditions that can encourage disease, and a heavily watered lawn grows faster and requires more mowing. In general, warm-season grasses require less moisture than cool-season types; the tall fescues are amoung the least needy of the cool-season sorts. On average, however, most grasses need I to 2 inches of water per week (except when rainfall makes up the difference). To encourage roots to grow deep, it's best to water infrequently, adding the 1 to 2 inches all at one time. If you simply sprinkle on a little water each day, the roots will stay near the surface. If there is then a prolonged dry spell or if you forget to water, the root system won't be able to draw enough water l~om deeper in the soil to survive. After watering, wait until the top inch or two of soil has dried before watering again. To check, probe the soil with a thick piece of wire ora long screwdriver, it will move easily through moist soil but stop when it reaches ftrmer, dry soil. You can also use a soil sampling tube. An even faster way to tell if a lawn needs watering is simply walk across it. ff your footprints remain for several minutes, it's time to water (a weil-watered lawn springs right back). Water early in the day, when there's less moisture 10ss due to heat evaporation and wind is less likely to blow water away. If you need to water later in the day, do so well before dusk, so the grass will dry before nightfall; grass that stays damp for long periods is typically more susceptible to disease. -The City of Niagara Falls Canada Community Services Department Fire Services 5809 Morrison Street Niagara Falls, ON L2E2E8 web site: www.city.niaga rafalls.on .ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-mail: pcorfiel@city,niagarafalls.on,ca Colin Ruddell Acting Fire Chief FS-2001-06 November 12, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2001-06 - Hazardous Materials Response RECOMMENDATION: For the information of Council. BACKGROUND: The tragic events of September 11, 2001 in New York and Washington were devastating on a widespread basis. Not only had those U.S. cities suffered intolerable losses, but the ripple effect spread throughout the entire world. Many countries, like Canada, that previously enjoyed extensive freedoms have been greatly affected by the terrorist activities. Niagara Falls Fire Services has been responding to hazardous materials' calls for many years. We are well trained in the area of hazardous materials responses. In the past, we have not had to deal with intentional acts of hazardous spills or release of biological or chemical weapons. Times have changed. The business of hazardous materials responses have taken on new work. Chemical and biological warfare has been identified as a real threat that we must be diligent in our efforts to address. Details: Emergency services have been active in the past month through the creation of a Regional Nuclear, Biological and Chemical Terrorism Working Group. Meetings have included fire, police, paramedics, health services, hospitals and emergency measures organizations and have been held to with a goal of providing the best level of service to Niagara citizens. Municipal Works Smoke Alarms Save Lives - Check Your Smoke Alarm }Forking Together to Serve Our Community Fire Services Parks, Recreation & Culture Business Development There are different levels of response among communities in the Niagara Region. Niagara Falls and St. Catharines have stepped forward as leaders to create a Regional response team to address the current biological threats we are facing. This team will be responding within defined criteria where communities are in need of assistance beyond their capabilities. There will be a definitive time frame allocated for the existence of this interim team, dependant on time required to create a pemlanent, Regional hazardous materials' response team. In order to provide the highest level of safety during emergency responses to these calls, two portable chemical and biological decontamination units are being procured by Niagara Falls at a cost of approximately $7,000. These units provide a level of protection from and mitigation of biological acts. There may be an opportunity to recover costs for this equipment through regional funding for terrorism responses. Our needs for training will expand as we continue to maintain our level of competence for known threats and identify requirements to deal with new threats. We will keep Council informed as to our progress. Lee Smith Assistant Chief Respectfully submitted: E. P. Lustig Chief Administrative Officer Approved by: ^ / Executive Director of Community Services LS:rs