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2002/01/21PLANNING/COUNCIL MEETING Monday, January 21, 2002 Order of Business and Agenda Package PLANNING MEETING January 2t. 2002 PRAYER: Alderman Shidey Fisher 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 Ontario Heritage Foundation - 2001 Heritage Community Recognition Program His Worship Mayor Thomson will present Certificates of Achievement and Ontario Heritage Foundation Achievement pins to Mr. Donald Ede; Ms. Kym Cody and members of The Trustees of Stamford Green, in appreciation of achievement in heritage conservation, to preserve, protect and promote our Province's rich heritage. ITEM NO. 01 PLANNING MATTERS Public Meeting Zoning By-law Amendment Application AM-35/2001, 5580 Swayze Drive Applicant: Fred Sacco; Agent: Michael Allen Proposal: Private Ice-Skating rink Background Material: Recommendation Report: PD-2002-06 -2- ITEM NO. 02 Public Meeting Zoning By-law Amendment Application AM-31/2001, 3109 Ussher Street Proposed Accessory Apartment Background Material: Recommendation Report: PD-2002-07 - AND - Correspondence from Phil Bray MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2002-03, Official Plan Amendment No. 15; AM-34/94, 6768 Garner Road; Kelly Crawford. Chief Administrative Officer PD-2002-05,Consultant Selection, Comprehensive Zoning By-law Update. Chief Administrative Officer PD-2002-08, Street Name Change Request, Macklem Street to Niagara Parkway. Chief Administrative Officer PD-2002-09, Request for Extension to Draft Plan Approval; West Meadow (Plan 2), 26T-11-9702; Owner: Wedgewood Builders of Niagara Ltd. Chief Administrative Officer PD-2002-10, Request for Extension to Draft Plan Approval; Garner Estates (Phase 3), 26T-9807 (Revised); Owner: River Realty Development (1976) Inc. REGULAR COUNCIL ADOPTION OF MINUTES: Regular Council Minutes of January 14, 2002. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS -3- COMMUNICATIONS Niagara Falls Art Gallery, Brian Smylski, Director/Curator - Re: Niagara Falls Armoury - expressing interest in occupying the Niagara Falls Armoury and suggesting that if the City of Niagara Falls acquires the Armoury, that it be turned into a multi-purpose Community Arts Centre. RECOMMENDATION: For Council Consideration. Fred E. Skinner, Royal Canadian Naval Association - Re: Canadian Veterans - requesting Council support a resolution to the Government of Canada to provide Canadian Veterans with a $5,000 tax break. RECOMMENDATION: That the request be supported Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONR (Alderman Wayne Campbell, Chair) 1. Chief Administrative Officer MW-2002-07, Stanley Avenue Truck Sewer System; Agreement with MTO. RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Kim Craitor, Chair) 1. Chairperson, Municipal Parking & Traffic Committee MW-2002-09, Municipal Parking & Traffic Committee Recommendations - January 15, 2002 Meeting. CORPORATE SERVICES MATTERS 1. Chief Administrative Officer HR-2002-01, Employee Social Night. COMMUNITY SERVICES MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer -4- R-2002-07, Snow & Ice Retention System; Stamford Memorial Arena. R-2002-08, Closure of Cemetery Gates at Night. MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer CD-2002-01, Aldermanic Appointments to the Committee Of Adjustment and Humane Society Board. L-2002-03, Establishment of Public Highways; Block 139 Plan 59M-271 to be known as Kelly Drive; Block 140 Plan 59M-271 to be known as McGarry Drive; Block 141 Plan 59M-285 to be known as McLeod Road; part 4 Plan 59R-11559 to be known as Grassy Brook Road; Part 1 Plan 59R-9894 to be known as Bender Street. L-2002-06, Auto Petro Investments Limited; Release of Site Plan Agreement; 3486 Portage Road. L-2002-07, Rainbow Motor Inn; Partial Release of Sign Agreement; 5581 Murray Street. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONR RESOLUTIONS That Niagara Falls City Council petition the Federal Government to provide a tax break to Canadian Veterans. -5- BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2002-11 To amend By-law No. 2001-01, being a by-law to provide for appointments to certain Boards, Commissions and Committees. To establish Part 1 on Reference Plan No. 59R-9894, as a public highway, to be known as and to form part of Bender Street. 2002-13 To establish Part 4 on reference Plan No. 59R-11559, as a public highway, to be known as and to form part of Grassy Brook Road. 2002-14 To establish Block 141 on registered Plan No. 59M-285, as a public highway, to be known as and to form part of McLeod Road. 2002-15 To establish Blocks 139 and 140 on registered Plan No. 59M-271, as public highways, to be known as and to form part of Kelly Drive and McGarry Drive, respectively. 2002-16 To authorize the execution of an agreement with Grey Forest Homes Ltd., respecting Burnfield Lane. 2002-17 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) 2002-18 To amend By-law No. 79-200, as amended. (Re: AM-35/2001, Fred Sacco) 2002-19 To repeal By-law No. 96-01. 2002-20 (HANDOUT) To amend City of Niagara Falls Official Plan, OPA ~42. 2002-21 To authorize monies for General Purposes (January 21, 2002) 2002-22 To adopt, ratify and confirm the actions of City Council at its meeting held on the 21't day of January, 2002. 2002-t2 NEW BUSINESS Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.cit¥.nia9arafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls,on,ca Doug Darbyson Director PD-2002-06 January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-06, Zoning By-law Amendment Application AM-35/2001, 5580 Swayze Drive Applicant: Fred Sacco Agent: Michael Allen Proposed Private Ice-skating Rink RECOMMENDATIONS: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit a privately owned ice-skating rink within the industrial mall under construction at 5580 Swayze Drive; 2) the amending by-law add recreational uses to the list of uses permitted on the property, establish a parking standard for the use at the rate of one space per 5 persons that can be accommodated in the unit at any one time, and restrict recreational uses to a floor area of 850 square metres (9,150 square feet); and 3) Council pass the zoning by-law, included in tonight's agenda, to implement the proposed amendment. THE PROPOSAL: Fred Sacco (Sacco Construction) has requested an amendment to permit the establishment cfa privately owned ice-skating rink within the industrial mall (Unit C) which is currently under construction at 5580 Swayze Drive (see Schedule 1 and 2). The lands are zoned Light Industrial (L1) in accordance with Zoning By-law No. 79-200. The amendment would add a recreational use as a permitted use within the existing LI zoning. The proposed ice surface would have an approximate area of 185 square metres (2,000 square feet). The rink is only large enough to accommodate specialized play or small group coaching and training. The rink includes 785 square metres (8,446 square feet) of floor area devoted to change rooms, maintenance space and a small foyer overlooking the ice surface. No arena style seating is proposed. At this time, a detailed floor plan has not been submitted. Working Together to Serve Our Community Clerk's Finance · Human Resources Information Systems · Legal Planning & Development January 21, 2002 CIRCULATION COMMENTS: - 2 - PD-2002-06 This application was circulated to City departments, the Regional Municipality of Niagara and the public for comment. · Public Works no comments · Parks, Recreation & Culture no comments · Regional Municipality of Niagara no objections PLANNING REVIEW: 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Industrial in the Official Plan. Conventional industrial operations and ancillary uses, service industries, commercial services, corporate and business offices, health and fitness facilities, conference centres and private clubs are permitted to be developed on industrial designated lands. According to the City's industrial policies, Council will entertain amendments to the Zoning By-law to permit the establishment of recreational uses within industrial districts in order to progressively accommodate changing market conditions and new development trends. An apparent development trend in the Province is the construction of privately owned ice rinks in industrial areas. These recreational uses are to be restricted as to their location, size and extent of operation so that industrial areas do not begin to serve a significant non-industrial function, frontage land along controlled access highways and arterial roadways are preserved for industrial use, and similar uses are grouped. The proposal complies with the intent and purpose of the Official Plan in that: · the rink is proposed to be established within one of the units of an industrial mall; · the size of the rink would be limited and controlled by the amending by-law; the subject site is not located along a controlled access highway or arterial that should be preserved for industrial uses that require visual prominence; · the rink will not adversely impact adjoining or surrounding industrial and park uses. 2. The requested zoning is appropriate for development. It is recommended that the amending by-law add a recreational use as a permitted use on the property to accommodate the proposed rink. A recreational use is defined as including parks, playgrounds, tennis courts, lawn bowling greens, skating rinks, curling rinks, athletic fields, golf courses, golf driving ranges, miniature golf courses, picnic areas, swimming pools, day camps and community centres. Most of these uses would be too expansive to fit in the unit, and those that would fit in, such as a basketball court or indoor soccer field, should not have a greater impact than an ice-skating rink. Adding a recreational use as a permitted use would keep the amending by-law simple, and permit some additional uses that have no additional impact. January 21, 2002 - 3 - PD-2002-06 Currently, the partially built mall includes a warehouse in Units A and B (see attached plan). Unit D has not yet been built. An analysis of the parking for the site shows that up to 40 of the 46 spots provided would he required for Units A, B and D, leaving 6 spots for the proposed recreational use. The applicant has indicated that up to approximately 15 persons could be using the facility at one time. An ice-skating rink falls under the definition of a recreational use and a place of entertainment. Although the use would be more appropriately considered as a recreational use, the parking standard for the place of entertainment (1 parking space per 5 persons of occupancy) would be appropriate for the use as parking required would be based on the number of people using the facility rather than the size of the facility. It appears that the amount of parking available would limit the occupancy of the rink to 30 persons. Additionally, the use should be limited to the size of Unit C where the rink is proposed. There maybe further impacts, such as impacts on traffic or on the integrity of the industrial area, if the entire building were to have recreational uses. Council should have the opportunity to consider any expansion through a further zoning application. The draft zoning by-law, on tonight's agenda, restricts recreational uses on the property to 850 square metres (9,150 square feet). This area allows for some minor adjustments in the floor area of the unit when it is built. CONCLUSION: The requested amendment can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan. The proposed use is compatible with other permitted Light Industrial uses and should not generate additional traffic and parking requirements. Prepared by: Andi'ew Bryce Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Ton3' Ravenda Executive Director of Corporate Services S:hUDR ~2002~PD2002-06.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 5580 Swayze Road Part Twp. Lot 56 Stamford surface only, as in R0159272 AM-35/2001 Applicant: Mr. Fred Sacco I:NTS Proposed Private Ice Skating Rink SCHEDULE 2 Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6×5 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-2002-07 January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario THE APPLICATION WAS WITHDRAWN Members: BY THE APPLICANT. Re: PD-2002-07, Zoning By-law Amendment Application AM-31/2001, 3109 Ussher Street Proposed Accessory Apartment RECOMMENDATION: It is recommended that Council deny the application as detailed in report PD-2001-106 (see attached). BACKGROUND: On December 3, 2001, a public meeting for the above application was held. Council deferred its decision on the matter, requiring that a neighbourhood meeting he held in an attempt to achieve compromise between the applicant and the residents opposing the proposal. The neighbourhood meeting was held on January 7, 2002. No compromise was reached as the residents in attendance were unwilling to support anything but complete withdrawal of the application. Because of this, the proposal remains unchanged. Pla~ing staffissued report PD-2001-106 for the December 3,2001 meeting which recommended denial of the application. The report is attached. As the proposal was not changed, staff continues to have concerns and thc application cannot be supported. E£ f}Ve~rAd ~P.tr ~n~:tt}gati~X~Officer ) R~,~ende,? y: Doug Darb?/s;n Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services JB:am S:XPDR'~2002~PD2002-0V.~pd Working Together to Serve Our Community Clerk's Finance Human Resources · Information Systems · Legal Planning & Development The City of Nm°r° Fo,,s Corporate Services Department Planning 8, 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-2001-106 December 3, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-106, Zoning By-law Amendment Application AM-31/2001, 3109 Ussher Street Applicant: Mr. & Mrs. Willick Agent: Michael Allen Proposed Accessory Apartment RECOMMENDATION: It is recommended that Council deny the application to amend the Zoning By-law to permit an accessory apartment. THE PROPOSAL: Mr. and Mrs. Willick, of 3109 Ussher Street, have requested an amendment to the Zoning By-law to permit an accessory apartment (in-law apartment) within a proposed one-storey addition to their existing single-detached dwelling (see Schedule 1). Schedule 2 illustrates the details of the site. The land is currently zoned Residential Single Family (R1C). Site specific zoning provisions are requested to be added to the R1C zoning of the land to permit the accessory apartment (second dwelling unit) and to provide a 6.2 foot side yard where an 8-foot side yard is required. CIRCULATION COMMENTS: Information regarding the applicatiOn was circulated to City departments, several government agencies and the public for comments. City departments and agencies are not opposed to the application. Staff has received numerous telephone calls from area residents objecting to the application. A petition against the proposal from the residents has also been received and is included in Council's agenda. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development PLANNING REVIEW: The following is a summary of staWs analysis of the application. 1. The proposal is not within the intent and purpose of the Official Plan. The property is designated Residential in the Official Plan. The Plan states that residential development should occur in a manner that is compatible with the surrounding neighbourhood. The accessory apartment policies, which would have permitted accessory apartments as-of-right, were deferred fi.om approval by the Province. The policies reflect Council's intent at the time, but have no status. The policies contain criteria which this application can be analyzed. · The accessory apartment is not subordinate in size to the principal use. The proposed apartment is to be comprised of a 576 sq. ft. addition to the rear of the dwelling plus the conversion of the 264 sq. fl. garage into living space for a total area of 840 sq. ft. This is approximately 70% of the area of the existing dwelling which is 1,213 sq. fi. in area. Although the apartment is of lesser size than the dwelling, at 70% of the original floor area, the apartment is not subordinate to the dwelling. The lot size and configuration are not sufficient to accommodate adequate parking, green space and amenity areas. As shown on Schedule 2, the property is an irregular, pie-shape with a lot depth of about 140 feet. The existing house is set back approximately 44 feet at the garage and has side yard setbacks of 4.67 feet and 6.17 feet. Parking for the existing dwelling is provided within a single car garage and on the driveway. The applicant proposes conversion of the garage which will eliminate a parking space. The Zoning By-law requires that there be one 8-foot side yard setback when a dwelling does not include an attached garage. This setback is to allow the opportunity for the driveway to be extended beside the house into the rear yard. Without adequate space to reach the rear yard, it removes another option for parking. The conversion will force all the parking to be located in fi.tnt of the house. The required parking spaces will have to be provided in tandem (one behind the other). Such a situation is not desirable as the driveway will probably be widened to accommodate at least one more vehicle with free manoeuverability. Therefore, reducing the front yard area is not in keeping with the characteristics of the neighbourhood. The proposed building addition does not satisfy the single-detached zoning requirements. As noted above, the proposal requires relief from the Zoning By-law requirement of an 8-foot side yard setback. As such, the proposal, as designed, does not satisfy the requirements of the Zoning By-law. December 3, 2001 - 3 - PD-2001-106 Any proposed building addition shall not detract from or alter the building form and/or character of the area. The lot size and configuration and the building location dictates that the intensification of the use will change the character of the lot by decreasing the required setbacks, reducing front yard landscaping, and extending the parking in the front yard. Therefore, the proposal is out of character with the surrounding area. Accordingly, the proposal does not satisfy the City's (deferred) policies for accessory apartments. 2. The long-term ramifications of the proposal are a concern. The application requests the permission to establish a second dwelling unit in the building. While the purpose is to house one of the applicant's parents, the Planning Act prohibits municipalities fi.om regulating occupancy based on relationships. Therefore, the apartment could be occupied by anyone. Thus, the property should be capable of supporting two dwelling units without regard to family occupancy. CONCLUSION: The requested amendment cannot be supported for the following reasons: · The proposal is not within the purpose and intent of the Official Plan. The accessory apartment is not subordinate in size to the existing dwelling. · The lot cannot properly accommodate parking. · Permitting two dwelling units on the lot may result in long-term concerns respecting compatibility. Respectfully submitted: / E~d 'ward~P. 'L~/~ Chief Administrative Officer arid Alex Herlovitch Deputy Director of Planning & Development Recommended by: 0ug Darbyson irector of Plmming & Development Tony Ravenda ', Executive Director of Corporate serWtces lB/AH:am A~lach. S:WDRX2001 ~PD2001-106.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: 3109 Ussher Street Applicant: Mr. & Mrs. Willick AM-31/2001 I' 1 :NTS michael d allen architect inc. architect · urban planner · interior design · project management 443 Eastchester Road St. Catharines, ON. L2M 6S2 tel (905) 984-5545 fax (905) 984-5542 e-mail: mdallen~npiec.on.ca SITE ~)L&~I --~c.A~aT- t"~ ~.o.o" 3105 Ussher St. Niagara Falls, Ont., L2G 6M3 December 11, 2001 His Worship, Mayor Thompson, and members of Council City of Niagara Falls Ont. Re: City File AM-31/2001 I am contacting you regarding the application for rezoning, at 3109 Ussher Street, in the former Village of Chippawa. My wife and I attended the Council Meeting on Dec. 3'~. At this meeting, it was quite apparent that the planning department was against this proposal from the offset. It would be extremely difficult, if not impossible, to meet any zoning regulations, with regards to property lines, and parking facilities. Parking is already a problem at this residence, now zoned single family. Chippawa is a small community, set apart from the rest of the city. It is not difficult to become familiar with many people, in the course of a busy career. I have known Alderman Fisher, for a great many years, as have many other people involved in this issue. She has done a lot of campaigning for the Village, and much good and hard work for oar benefits. But I'm afraid that to make this rezoning issue, a personal one, at this time, is a step in the wrong direction. She has a very valid point, in that we must make accommodation for our seniors, in Chippawa. My own mother, as well as my in-laws, are at a point in their lives, where they are looking for suitable housing, as it is becoming more difficult for them to look after there homes. We need more available seniors residences in Chippawa, but not at the expense, and inconvenience of many other neighbors. This rezoinng, clearly, does not have the backing of any other residents in the area, whom it affects. Thank you for your consideration, Phil Bray Corporate Services Department The City of Niagara Fails 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-2002-03 January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-03, Official Plan Amendment No. 15 AM-34/94, 6768 Garner Road Kelly Crawford RECOMMENDATIONS: It is recommended that: 1) Council adopt the by-law appearing in tonight's agenda to repeal By-law No; 96-01 which adopted Official Plan Amendment No. 15; and 2) Regional Municipality of Niagara be requested to close their file on Official Plan Amendment No. 15. BACKGROUND: In1995, Council approved an application (AM-34/94) to amend the Official Plan and Zoning By-law to permit a retail store within an existing 316 square metre (3,400 square foot) garage on the land known as 6768 Garner Road. Council adopted Official Plan Amendment No. 15 (OPA. No. 15) by passing By-law No.96-01. OPA No. 15 would allow the existing garage to be converted to a retail store notwithstanding the land's Residential designation and the City's policies for the development of new neighbourhood commercial facilities. OPA No. 15 was subsequently forwarded to the Ministry of Municipal Affairs for approval. Apparently the Ministry did not process the amendment because they felt it was premature pending the completion of the City's secondary plan for the Garner Neighbourhood. With Provincial downloading, the approval of OPA No. 15 was later delegated to the Region. At the applicant's request, the file was held in a dormant state for 20 months. On May 1, 1998 the Planning Department closed the file because there was no response fi.om either the applicant or her solicitor when they were requested to inform staff how they wished to proceed. The file has now been closed for 3.5 years. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development January 21, 2002 - 2 - PD-2002-03 The Regional Planning Department recently contacted staff with the interest of finalizing OPA No. 15 in light of the fact that it has been dormant for so long. Because the City has closed its file and the applicant has not shown any interest in filing another application, OPA No. 15 is no longer necessary and it is recommended that the adopting by-law be repealed. The by-law to repeal By-law No. 96-01 is included in tonight's agenda. It is also recommended that the Region be requested to close their file on OPA No. 15. Prepared by: Ken Mech Manager of Current Planning Recommended by: Director of Planning & Development Res fully submitte~d.?N, ~e L~l'tsti~~ ' Edward . u 'g j Chief Administrative O~9/ Approved by: Tony Ravend~~j Executive Director of Corporate Services S:~I)R~2002WD2002-03.wpd The City of tlJ~ll~, Niagara Falls JJj Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-05 January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-05, Consultant Selection Comprehensive Zoning By-law Update RECOMMENDATION: It is recommended that the firm of Monteith Planning Consultants be awarded the contract to undertake the Zoning By-law Update. BACKGROUND: The purpose of the Zoning By-law Update is to perform a comprehensive review of the City's by- laws, consolidate the by-laws into one document and modernize the provisions to reflect current development standards. Currently there are four by-laws governing the City ranging from 23 years old to 44 years old and hundreds of amendments. Twenty firms were invited to submit expressions of interest of which six firms responded. After a preliminary review of responses, three finns were invited to attend interview and make presentations. Zelinka Primo Limited is a young firm; its bid of $98,740 relies on municipal staff for mapping services, assigns 3 professional staff to the project and provides for 178 person days. Meridian Planning Consultants submitted a bid of $115,000, relies on municipal staff for mapping services, assigns 2 professional staff with a reliance on junior personnel and provides 105 person days. During the interview, Meridian indicated certain elements such as parking surveys would be extra. Monteith Planning Consultants submitted a bid of$124,976 all inclusive, assigns 6 professional staff to the project including drafting services and provides for 212 person days. Selection: Interviews were conducted on November 26, 2001. Proposals and presentations were reviewed based on the Ontario Provincial Planners Institute's (OPPI) guidelines for consultant selection. Criteria used included the consultant's understanding of the project, project team qualifications, experience in similar work, appropriateness of the work program, scheduling, management Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development January 21, 2001 - 2 - PD-2002-05 organization and costs. Because costs are in a similar range, emphasis is placed on professional and technical merit. Based on the proposal, presentation and response to questions, the firm of Monteith Planning Consultants was selected for the project. Monteith showed a superior level of understanding and addressed the need to modify research and testing based on fluctuations associated with the tourism season. The finn has extensive experience in the preparation of comprehensive zoning by-laws for small and large-sized municipalities. This consultant allocated 34 person days more to the project than any other consultant. In addition, the project director accounted for a high number of project days allocated. The approach byMonteith Planning Consultants is comprehensive and does not rely on add-ons which could, otherwise, prove to be costly. The schedules and deadlines proposed are realistic and will take about one year to complete. CONCLUSIONS: The comprehensive zoning by-law is a significant undertaking. The recommended consultant allocated the highest number of person days to carry out the project, demonstrating an understanding for the complexity of the assignment. City staff had allocated $150,000 to the project including $25,000 contingency and Monteith's bid is within the budget estimates. Sufficient funds are available in the reserve account for planning studies to undertake this work. Monteith Planning Consultants have the experience, qualifications and understanding to complete the Zoning By-law Review and Update for the City of Niagara Falls. Prepared by: Alex Herlovitch Deputy Director of Planning & Development 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 S:~PDR~2002~PD2002~05,wpd The City of Nioc.::.::Jorc3 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-maih planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-08 January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-08, Street Name Change Request Macklem Street to Niagara Parkway RECOMMENDATION: It is recommended that Council consider this report and determine whether staff should be authorized to initiate the legal public consultation process to consider changing the name of Macklem Street to Niagara Parkway. BACKGROUND: Mrs. Ines Lent, on behalf of Surfside Inn Motel, 3665 Macklem Street, has requested the City to change the name of Macklem Street to Niagara Parkway. Macklem Street runs parallel with the Welland River from Portage Road to its connection with the Niagara Parkway (see attached location map). The land on the north-west side of the street contains 6 properties while the land on the south- east side is property owned by the Niagara Parks Commission. REVIEW PROCESS: The City,s practice has been to first conduct a preliminary review of such requests for street name changes. Based on the findings of the preliminary review, Council may wish to proceed to the next step as prescribed by the Municipal Act. The Municipal Act dictates public notification requirements for changing a street name. A notice must be placed in the newspaper, once a week for 4 consecutive weeks, advising of Council's intention to change a street name. A public meeting must be held. Any person who feels they would be adversely affected or has concerns regarding the proposed name change may speak at the meeting or submit comments. If the name is changed, a by-law must be registered and formal notice given to public agencies and emergency services. PRELIMINARY REVIEW: A letter opposing the name change has been received by the Village o fChippawa Citizen's Committee advising that the street should maintain the name "Macklem" due to its historic significance since the Macklem's were one of the founding families of Chippawa. Also, John R. Macklem of Kirkfield, Ontario, a direct descendant of James Macklem (a prominent businessman who first settled in Chippawa in1791), has submitted his comments speaking against the name change also for historic reasons. Working Together to Serve Our CommuniO~ Clerk's Finance Human Resoumes Information Systems Legal Planning & Development January 21, 2002 - 2 - PD-2002-08 On October 15,2001 the Local Architectural Conservation AdvisoD' Committee (LACAC) discussed the possible street name change. The following motion was adopted: "That LACAC does not support the request of Mrs. Ines Lent (for Surfside Inn Motel) to change the street name from Macklem Street to Niagara Parkway because of the historic significance of the Macklem name in Chippawa." A local marker (plaque) recognizing the Macklem Family's prominence and professional life in the Village of Chippawa is to be erected in the spring of 2002 by the Village of Chippawa Citizen's Cmmnittee in cooperation with the Ontario Heritage Foundation. George Partheniou (Village Restaurant, 8053 Portage Road), who owns a vacant lot at 3779 Maeklem Street, has expressed full support of the street name change. This request was circulated to various departments within the corporation as well as outside agencies for comments and consideration. Fire Services, Legal and Municipal Works have no objections to the street name change. The Niagara Parks Commission also reviewed the request with no objections. CONCLUSION: There is no consensus on the street name change. Therefore, Council may wish to gather additional information through the public meeting process under the Municipal Act and authorize legal procedures to begin. Prepared by: ~ William Matson Assistant Planner Respectfully submitted: Edward P. Lustig t~ c~ Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services WM/AH:am S 5PDR~2002~D2002-08,wpd Street Name Change Request Macklem Street to Niagara Parkway Location Map Subject Roadways Macklem Street Properties 1 :NT8 Corporate Services Department 1'he City of Niogara Fails Canad , Planning & Development 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-mail: planning@city.niagarafalls.on.ca Doug Darbyeon Director PD-2002-09 January 21, 2002 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re' PD-2002-09, Request for Extension to Draft Plan Approval West Meadow (Plan 2), 26T-11-9702 Owner: Wedgewood Builders of Niagara Ltd. RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the West Meadow (Plan 2) 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 three 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 January 5, 2002, the developer submitted a request for an extension to draft approval of the West Meadow (Plan 2) Plan of Subdivision (see attached letter and location map). Original dral~t approval for the Plan was received from the City on December 30, 1997. An extension was previously granted until December 30, 2001. A temporary extension was granted by staff as the 3 year anniversary of the formal approval date 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 January 21, 2002 - 2 - PD-2002-09 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan consists of 11 single-detached lots on a cul-de-sac roadway. 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 ofdraf~ approval for a one-year period. The developer has indicated that they are not ready to proceed with the subdivision at this time. The final registration of this subdivision plan, as well as others in the City, may potentiallybe 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 individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a further one-year extension (until December 30, 2002) to drat~ plan approval can be supported, conditional on the subdivision sign being maintained for public information purposes. 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:~PDRk2002~PD2002-09.wpd H 0 M E S Ci~ of Niagara Fa~ls 4310 Queen St. ~ Mr. D. Darbyson January 5, 2002. De~u' Sir: Further to your letter dated Decemb~ 17, 2001 we wish to fonaally apply for a 1 year extenflon of draft plan ap~noval for West Meadow (Plan 2) 26T~ 11-9702 as we are not reedy to proceed at this time. Donna Walters P~. Wedgewood ~ of Niag~ Limi~l 8053 Post Road Niagara Falls, Ontario L2H 2L2 (905) 356-2820 Draft Plan of Subdivision West Meadow (Plan 2) 26T-11-9702 Location Map Subject Land 1: NTS 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 January 21, 2002 Doug Darbyson Director PD-2002-10 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-10, Request for Extension to Draft Plan Approval Garner Estates (Phase 3), 26T-9807 (Revised) Owner: River Realty Development (1976) Inc. RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Garner Estates (Phase 3) 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 three 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 December 19, 2001, the developer submitted a request for an extension to draft approval of the Garner Estates (Phase 3) Plan of Subdivision (see attached letter and location map). Original draft approval for the Plan was received from the City on December 30, 1998. This is the first request to extend draft plan approval. A temporary extension was granted by staffas the 3 year anniversary of the formal approval date 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 January 21, 2002 - 2 - PD-2002-10 The subdivision conforms to the City's Official Plan and Garner Neighbourhood Secondary Plan and is zoned appropriately. This large residential development has proceeded in stages with Phase 1 registered in October 1999 and Phase 2 registered in August 2001. The balance of the plan has approval for 97 single-detached lots. The applicant has indicated these lots will develop based on market demand. The Region has no objection to the extension of draft approval for a one-year period. 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 Citffs 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 individually to determine their impact on localized sewage overflows or basement flooding. CONCLUSION: Based on this review, a one-year extension (until December 30, 2002) to draft plan approval can be supported conditional on the subdivision sign being maintained for public information purposes. Prepared by: Richard Wilson Planner 2 Recommended by: Respectfully submitted: Chief Administrative OffiderJ Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S 5PDR~2002~PD2002-10.wpd 6746 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 P.O. BOX 576 TELEPHONE (905) 354-3853 FAX (905) 354-1816 December 19, 2001 Planning Mr. Doug Darbyson Director of Planning & Development City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: EXPIRY OF DRAFT APPROVAL GARNER ESTATES PHASE 3, 26T-11-9807 (Revised) We have received your letter dated December 17th, 2001, which granted a temporary extension of draft plan approval of the above subdivision until March 3 0th, 2002. Please accept this letter as our request to the City to extend the draft approval for a period of one year. As you know we are actively developing Garner Estates subdivision and are progressing as market demand dictates. By copy of this letter we are requesting the support of the Regional Municipality of Niagara. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. S.A. Branscombe, B.Sc., President. SAB:dm ce: Mr. David Farley - The Regional Municipality of Niagara enclosed is our cheque for $350.00 for your processing fees) RECEIVED DEC 1 9 2001 Draft Plan of Subdivision Garner Estates (Phase 3) 26T-11-9807 (Revised) Location Map I ----- -- Phase 1 · L_ McLeod Road I Subject Land ]:NTS sanua~ 20o2 Niagara Falls Art Gallery William Kurelek Collection 8058 Oakwood Drive, Niagara Fali~, ON L2E 6S5 Teh 905-356-1514 January 7, 2002 His Worship Mayor Wayne Thomson & Members of Council Office of the City Clerk, City Niagara Falls, ON L2E 6X5 Re: Niagara Falls Armoury Your Worship & Members of Council: On October 18, 2000 the Niagara Falls Art Gallery scm a letter expressing our organization's interest in occupying the Niagara Falls Armoury. Since that time the Gallery's interest has grown into an urgent To meet our community's demand for arts services we suggest that, if the City of Niagara Falls acquires the Armoury, it be turned into a multi-purpose Community Arts Centre that can house: an art museum that is both a local and tourist attraction; interests such as other museum exhibitions; as well as areas to provide adult services such as drawing, painting, movemem and craft studios. With 37,804 participants in 2001 (an increase of 12,245 participants over 1999), and with expected growth in the near future to between 50,000 and 70,000 participants, the Gallery is in need of additional facilities to meet the community's demand for a wide ran4~e of art museum services. Plus, cominuing donations to the Gallery of artwork, archive material and artifacts has resulted in a collection of national significance that is not being exhibited due to a lack of space. Already, the Gallery has been forced to eliminate temporary exhibitions from its current location due to inadequate space & environment, severely curtail its permanem exhibition, perform over half of its programs off-site and move basic services to other communities. The Gallery hopes, that upon examination of the idea ora multi-purpose Community Arts Centre, the City of Niagara Falls will assist us in providing services to its residems that communities of a similar size take for granted. ~dan SmylskiY°urs' Director/Curator cc. Adele Kon, Director of Parks, Recreation and Culture [ ~;~'t~[' ~1~ ,' ~a~ fig Royal Canad!an Nav.al Association 5603 SPRING STREET ,N'NalgAaG~aRAReFgA'LOL~. ONTARIO. L2G 1P7 His Worship Mayor Wayne Thomson City of Niagara Falls 4310 Queen St. Niagara Falls On. L2E-6X5 Dear Wayne, I am writing to ask if it possible that the council of the city of Niagara Falls, could support my petition to the Government of Canada. This is in support of CANADIAN VETERANS. Enclosed please find a copy ora letter to The Honourable Paul Martin. Thanking you in advance for you consideration. Yours truly, Fred Skinner PLANNING ii,lEEriNG,, Royal Canadian Naval Association N. iagara . . Region 5603 SPRING STREET NIAGARA FALLS ONTARIO L2G 1P7 July 4t~, 2001 The Rt. Honourable Jean Chretien Prime Minister of Canada Dear Sir, I am writing to you to see if I can make a suggestion. 1 have heard you praise Canadian Veterans and their unselfish commitment to helpin8 Canada preserve its way of life for future generations. I would say to you that all German Veterans receive a Vet's pension from Germany (tax free in Canada) and they lost the war. The same holds true for Italian Veterans. The British Veterans had the length of time in the service added to their pensions. I am a Veteran of the second world war, but I am not asking you to grant pensions to Veterans. What I am asking is for you to give Canadian Veterans a tax break..Canadian Veterans today are 75 years old or older and there are not many of us left. Most Canadian Veterans today live on a fixed and rather Iow income. What I am asking for is a $5000.00 (five thousand dollars) tax break in the net income section (re: line 210) orin the taxable income section (re: line 247) on the income tax form, This suggestion would be greatly appreciated and help Canadian Veterans and not cost the taxpayers or the government any money. A Canadian Veteran could include his or her wartime service number along with their address on the tax form. Yours truly, Fred E. Skinner, (V64753) 6283 Eldorado Ave,, Ni~ara Falls, ON L2H 1 S5 CC: Members of Parliament Royal Canadian Naval Association Niagara Region 5603 SPRING STREET · NIAGARA FALLS ° ONTARIO · L2G 1P7 Honourable Paul Martin Minister of Finance Dear Sir, I am writing to bring something to your attention. I am sure you already know this subject but it is not in the fore-front. CANADIAN VETERANS do not receive a pension and I am not asking that they be granted one. What I am asking is for you to give CANADIAN VETERANS a tax break. A $5000 (five thousand dollar) tax break in the net income section of the income tax. As far as I can ascertain, CANADA has a tax treaty with 63 (sixty-three) countries. I am including the list with my letter. Also I am including a copy of income tax interpretation bulletins IT-519R2, IT-3971L along with a copy of the CANADA-ITALY income tax convention. It seems that other conventions with CANADA and other countries are based on the one with ITALY. What it seems is that the income tax convention about VETERANS pensions with other countries is: ifa pension is not taxed in the country of origin, it is not taxable in CANADA. This is very unfair to CANADIAN VETERANS as we do not receive any pension. That is why I am asking for a tax break. It is only a small token amount and will not cause any out-lay to the government. Hoping that you will look favorably on this. Yours truly, Fred E. Skinner Past President Royal Canadian Naval Association, Niagara Region Member of Branch Ont. 51 Royal Canadian Legion Fax 905 358 9265 Fred E. Skinner 6283 Eldorado Ave. Niagara Falls Ont. L2H-1S5 Home 905 358 5233 Fax 905 358 9265 Country United States Algeria Argentia Bangladesh Belgium Croatia Czechoslovakia Dominican Republic Finland France Guvana Hungary Italy Korea Lebanon Liberia Malta Mexico Nigeria Portugal Slovak Rel:~ublic Spain Sweden Tanzania Trinidad And Tobago Zimbabwe Treaty Article XVlll XV111 18 18 XVIll XVlll 18 XV111 18 XVlll 17 18 XV111 17 18 XVII1 18 18 18 XVIII XVlll XV111 18 19 18 19 Paragraph 1 4(a) 4(a) 3(a) 2 4(a) 3(a) 5(a) 4 2 3(b) 4(a) 4 2 3(a) 4(b) 4(a) 4(a) 4 4(a) 5(a) 4(0 3(0 4(a) 3(a) 4(a) IT-397R Bolivia Brazil Chile China Colombia Commonwealth Countries Costa Rica Cuba Denmark Dominican Republic ESypt El Salvador Eithiopia Guatemala Haiti Honduras Iran Iraq Luxemburg The Netherlands Nicaragua Norway Panama Paraguay Pcra Poland San Marino Saudi Arabia Siam ( Thailand ) Syria Turkey Unitexl States of America U.S.S.R. Uruguay Venezuela Yugoslavia Community Services Department Niaga,a Falls Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E6X5 web site: www.city,niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-07 File: 102-01 January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2002-07 Stanley Avenue Storm Trunk Sewer Agreement with the Ministry of Transportation RECOMMENDATION: It is recommended that the City of Niagara Falls enter into an agreement with the Province of Ontario (Ministry of Transportation) for the construction of the storm trunk sewer across Highway No. 420. BACKGROUND: On February 19, 2001, Council directed staffto prepare an agreement with the Ministry of Trar~sportation for the construction of the Storm Trunk Sewer across Highway No. 420 for your approval. The design has reached a stage where the agreement could be prepared and finalized. As Council is aware, the Ministry is preparing to reconstruct a portion of Highway 420. By contracting with the Ministry to complete the portion of the sewer during reconstruction, we are saving the cost of jacking and boring the sewer across the highway. Reco. ~mme~d by: Ed Dujlovic, P. Eng. Director of Municipal Works City ~oma'~eil's concurrence with the recommendation made would be appreciated. / I Oa3'refl E. Sba'~h, P.Eng. ,fi'John MacDonald Manager of Engineering Services ~// Executive Director of Community Services v ~d~gAd dP 'miLmu. ::i~gative OK~ffi ce; }Forking Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development The City of Niagara Falls !1~1~ I - Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.c~ty.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: bdarrall~city, niagarafalls.on.ca Ed Dujlovlc, P. Eng. Director MW-2001-18 February 19, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2001-18 Agreement with the Province to Construct A Storm Trunk Sewer Across Highway 420 RECOMMENDATION: That the City of Niagara Falls proceed with the construction of the first phase of a new Trunk Storm Sewer from the existing drop shaft on Valley Way southerly along Stanley Avenue; and Staff prepare an agreement with the Province for Council's approval to construct the Storm Sewer across Highway 420. BACKGROUND: The area south of Highway 420 on Stanley Avenue is serviced by a combined sewer which outlets into the Muddy Run. As Committee is aware, over the years, there has been a history of basement flooding in this area. In recent years, with the development in the Fallsview Tourist Core Area, there has been a steady increase in the severity and frequency of flooding incidents. In addition, the flooding problem has spread to areas which have not had the problem in the past. There are three possible solutions to alleviate flooding problems, either reduce the amount of flow entering the sewer, increase the capacity of the existing sewer or separate the sewers. By separating the sewers, the City in fact increases the capacity of the existing combined sewer because the storm drainage component of the flow is removed. Not only is it not possible to reduce the flows in the existing sewer, the proposed development in the Fallsview Tourist Core Area will cause them to increase. It is not economically feasible or teclmically sound to increase the size of the combined sewer. Therefore, the only real option is to separate the sewer which will eliminate the flooding concerns in the separated area and free up wet weather capacity downstream. SEWER SEPARATION: The City has considered two options for separating sewers in this area. The first proposes that a Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development new drop shaft be constructed when the Sir Adam Beck III hydro tunnel is constructed. The second option is to construct a new storm trunk sewer into the existing drop shaft at Valley Way. Both options have their pros and cons which are discussed below: Sir Adam Beck III Drop Shafts ( Estimated Total Cost: $6,900,000 ) Pros: the location of the drop shaft is more centralized to the area it is servicing there is no need for a highway crossing the required storm sewers would be a smaller diameter the estimated cost is less Cons: it is uncertain that Hydro will proceed with the Tunnel there is a minimum of five years lead and construction time before the drop shafts are operational once the tunnel go ahead has been given (i.e. minimum start date 2006) flooding in the problem areas will not be mitigated until ail the work is complete development in the drainage area may have to be stopped until the drop shafts are completed and sewers are constructed the City may be liable for any flooding which may occur during the waiting period Valley Way Storm Trunk Sewer ( Estimated Total Cost: $7,150,000 ) Pros: the City can proceed on its own without being tied to whether or not Hydro proceeds construction can start immediately there will be an immediate relief to basement flooding in the area because there will be immediate relief, development can still proceed in the drainage area the City will be taking steps to address a known problem thereby mitigating any liability from potential flooding Cons: this aitemative is more expensive large diameter trunk sewers must be constructed the sewer is required to cross the highway 2001-2-19 -3- MW-2001-18 Upon reviewing the pros and cons of each alternative, staff is recommending that the trunk storm sewer into the existing drop shaft at Valley Way proceed. The key factors in making this recommendation are obviously the uncertainty as to if and when hydro will proceed with the tunnel. Further, once that decision is made there is a minimum of five years required to do the tunnel and construct the drop shafts, during which time there will be no relief to the flooding problems. By proceeding with the recommended alternative, we can proceed immediately with construction and relief to potential flooding areas. This will help us mitigate any potential liability. Although this is a slightly more expensive solution, staff believes that the immediate benefits far outweigh the cost difference. The first phase will start at the drop shaft on Valley Way, cross Highway 420 and end just south of Kitchener Street on Stanley Avenue. This phase is estimated to cost $3,100,000 and is included in the proposed 2001 Capital Budget. The Committee's concurrence with the above recommendations would be appreciated. Prepared by: Respectfully Submitted by: Darrell Smith, P.Eng. Manager of Engineering Services Recommended by: Edward P. Lustig Chief Administrative Officer Ed Dujlovic, P. Eng. Director of Municipal Works Approved by: Johil MacDonald Executive Director of Community Services The Cify of ~l~l~. NiogQrcl FclIIs ]~Jl~ 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 munwks~city.niagarafalis.on.ca Ed Dujlovic, P. Eng. Director MW-2002-09 File G-180-01 January 21, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002-09 Municipal Parking & Traffic Committee Recommendations - January 15, 2002 Meeting RECOMMENDATIONS: 1) MV~-2002-04 - Forest Glen Drive - Parking Review It is recommended that parking be prohibited at all times on the north side of Forest Glen Drive from a point 70 metres east of Glenoaks Avenue to a point 125 metres east of Glenoaks Avenue. 2) MVV-2002-05 - Rainbow Crescent and Valiant Street - Intersection Control Review It is recommended that a stop sign be installed on the south leg of Rainbow Crescent at Valiant Street facing northbound motorists. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of January 15, 2002, considered the matters noted and formulated the recommendations above. In addition, Staff advised the Committee that effective January 1, 2002, Traffic By-law amendments to the Parking and Traffic By-law No. 89-2000, no longer require Regional Council approval, to be enacted. Secondly, Inspector Doug Kane of the Niagara Regional Police reminded the committee that there is a Traffic Hotline for citizens to report Traffic Violations or request Traffic Enforcement (i.e., speeding, disobeying stop signs, etc.) at 688-4111, ext. 4290. City Council's concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: Alderman Kim Craltor, Chairperson, Municipal Parking & Traffic Committee The of Niagoro Fallslllaw Corporate Services Department Human Resources 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tony Ravenda Executive Director Tek (905) 356-7521 Fax: (905) 356-5110 E-mail: djones@city.niagarafalls.on.ca January 21, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: HR 2002 - 01; Employees' Social Night RECOMMENDATION: That Council authorize an expenditure of $ 2,500 towards the operating costs of the City Employees' Social Night. BACKGROUND: Members of Council will recall that for the past few years our employees social evening has been of a less formal nature and has met with favourable comments and an increase in attendance. Our Volunteer Committee is once again organizing the City Employees' Social Night - this year at the Arpad Park Community Centre. Invited as our guests ofhonour are City Employees who have retired during 2001 as well as active employees who reach the 25 year, 30 year and 35year service level. To date, during the year 2001, a total of 22 guests will be invited. To help defray the costs of this worthwhile event, the Committee is once again requesting that Council authorize an expenditure of $2,500 which has been provided for in the Budget. As in the past, all current employees of the City, Members of Council and past retirees may purchase tickets for the event. We hope to see you at the Arpad Park Community Park on February 22nd. ipared by,. 2~or~d~ City Clerk Chief Administratilfe Officer R~~ended ¢ ~ Tony Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning & Development Community Services Department Perks, Recreetion & Culture 7565 Lundy's Lane The ci , of Niagara Falls, ON L2H 1G9 Niogoro ,.-- Fo,s lIB', web site: www.city.niagarafalls.on.ca C O n ~m~J~l~' Tel: (905) 356-7521 ~ I - Fax: (905)356-7404 E-mail: akon~city.niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario January 21, 2002 Adele Kon Director R-2002-07 Members: Re: R-2002-07 Snow & Ice Retention System Stamford Memorial Arena RECOMMENDATION: That Council award Tender No. 11- 2002 Snow and Ice Retention System for Stamford Memorial Arena to Lonelm Construction Ltd. of Bradford, Ontario for the total sum of $22,303.08. BACKGROUND: On December 6, 2001 the City received tenders from contractors capable of installing a Snow & Ice Retention System for Stamford Memorial Arena. The tender called for the installation of engineered design snow guards as supplied by Snostop. The snow guards are designed to hold the snow on the upper section of Stamford Arena's roof. Presently during cold temperatures snow is able to build up on the upper section of the arena roof. Once the temperature outside warms up the built up snow on the upper roof lets go and slides down the roof. The new snow and ice retention system will hold the snow on the upper roof and allow it to gradually fall. Therefore, the purpose of the system is for safety. The proposed Snow & Ice Retention System was reviewed by ACA Engineering and they have advised that the existing structure as revised in 1991 was designed to include for the local snow load and that no work to the existing structure is required to accommodate for the new snow guards. The following is a list of tenders we received: Lonelm Construction Bradford, Ontario $22,303.08 Baron Roofing&SidingLtd. Thorold, Ontario $23,985.66 Serianni Construction Ltd. Welland, Ontario $25,412.50 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws R-2002-07 -2 - ~anuary21,2002 Hook Roof Anchors& Snow Guard System Inc Coburg, Ontario $31,565.00 Funds for this project have been allocated in the 2001 Capital Budget. Council's favourable approval would be appreciated. Recommend.ed by: y Adele Kon Director of Parks, Recreation & Culture Respectfully Submitted ~rAd c~s[}gative ~ffic er Approved by: ~ Director of Community Services TM:sc S:\Council\Counei12002~R-2002-07.wpd Community Services Department Parks, Recreation & Culture The City of==~'~k~, 7565 Lundy's Lane Niogaro Foils ~1~.. Niagara Falls, ON L2H 1G9 Can~d~ ~' web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 ~ I - Fax: (905)356-7404 E-mail: akon~city.niagarafalls.on.ca Adele Kon Director R-2002-08 January 21, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-08 Closure of Cemetery Gates at Night RECOMMENDATION: For the information of Council. BACKGROUND: This report is prepared at the request of Council (Community Services Committee, September 10, 2001), asking staff to investigate and report back with options to restrict parking in cemeteries after dark. The City operates and maintains nineteen cemeteries, four of which are active and located within the urban boundaries. The Drummond Hill Cemetery is presently the only cemetery where a gate is utilized, however, access can be gained via pedestrian entrances. Fairview has two vehicle entrances with a third in the planning stages. There are also four pedestrian entrances. The fence surrounding the cemetery is approximately three to five feet high. Lundy's Lane Cemetery is also fenced with a six foot high chain link fence on two sides and wrought iron fences on the remaining two sides. There are three vehicle entrances and two pedestrian entrances. Stamford Presbyterian Cemetery has no fence surrounding the property. Installing gates at the vehicle entrances of Fairview and Lundy's Lane cemeteries will alleviate the vandalism, however, only minimally. Those people who wish to steal plants or personal items or otherwise vandalize the monuments and cemetery property, will do so by gaining access via the pedestrian entrances or some other avenue. A good case in point is Drummond Hill where recently and in past years, several monuments were vandalized. This cemetery is surrounded by a fence and the gate is locked at all times and yet destructive vandalism is most evident at this cemetery than any other municipal cemetery. Working Together to Serve Our Community Municipal V~orks Fire Se/vices Parks, Recreation & Culture Business Development R-2002-08 - 2 - January 21, 2002 Patrolling the cemeteries includes the Shift Supervisors making regular checks of the cemetery grounds during off hours. Police Officers will also routinely drive through the cemeteries as a means of visibility and deterrent to any unwanted behaviour. Last year, the City's By-law Officers were asked to include the cemeteries on their routes. People who walk in the cemeteries on a regular basis will also report any suspicious activity. The Niagara Regional Police were asked to comment on the proposal to install and close cemetery gates at Fairview and Lundy's Lane. (letter is attached) It is the opinion of Sergeant Ed Typer that closing the cemeteries to vehicle access would have no benefit and that in actual fact, the gates would prevent police from gaining immediate access to the cemeteries to investigate any suspicious behaviour. Sergeant Typer also advised that, according to police records, there have been no incidents in the past two years where criminals have utilized the cemeteries as a means of escape if criminal activity has taken place in an adjoining neighbourhood. .The Fire Department would also find the locked gates very restrictive if they had to respond to a fire m one of the cemeteries. St. Catharines has similar instances of vandalism, however, they do not close the cemetery gates over night. The City of Welland does not have a fence enclosing the cemetery property. Conclusion In conclusion, staff advises that closing the cemeteries to vehicles would not deter vandalism. A more appropriate method of reducing vandalism may be to increase the patrols thereby having a more visible presence in the cemeteries. By-law signs will soon be posted at each entrance. The signs advise the public that the cemeteries are closed from dusk to dawn. Enforcement of this by-law may assist the City in the fight against vandalism and other unwanted behaviours. Reconunended by: ~ Adele Kon Director of Parks, Recreation & Culture Res ectfully Submitted: Edward P. Lustig Chief Administrative Officer proved by: Director of Community Services CR/das Attachment S:\Coun¢il\Council 2002LR-2002-08.wpd Niagara Regional Police Service : 68 <~h~rd~'St., .St. C~hadnes, On~iO, C~a ~ 3C6 ' Dec. inbox 4, 2001 AdelcKon .. I~ect~r o~P~s, Re~xfion ~ ~ P.O. ~ 1~ : ' ' L~ 6Z9 Fax: 9~5-354-7706 'OE,c o 5 . CULTURE De~r Ms: Kofi: · . . I ~ c~ ~ ~ ~ds b~ ~ ~ ~t ~ id~ ~y ~d~ ~ ~ · c ~: i fo~ ~ ~so ~ ~ n~w. A .~ c~ ~ ~ ~ ~ Det~vc ~ ~ ~ $~ ~e U~t ~ ~ ~t to idcn6~ ff ~b~ a Eort E[le · Grimsby * Lincoln * Niag~ua Falls .. Niagara-or,the-Lake -.Pelham Port Colbome · SL Calharines - Thyroid 'o. Wainfleet · WellaAd - West.Lincoln Should g~g.~ be erected, it will increase the possibility tt~ alcoholic d~d~g part/cs, misc. Mef m~d other c~n~n~t activiti~ could tak~ plave, preven~ng police immediate access entry to ceaneter~es. Should you h~v.e any furthcr cousidetations, concerns or questions do not hesitate to call Yot~s tr~y, ~o. 22 Division, Niagara r~t~+ Corporate Services Department CD-2002-01 The City of 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: diorfida@city.niagarafalls.on,ca Dean Iorfida City Clerk January 21, 2002. His Worship Mayor Wayne Thomson and Members of Council City of Niagara Falls Members: Re: CD-2002-01 Aldermanic Appointments to the Committee of Adjustment and Humane Society Board RECOMMENDATION: It is recommended that Council re-appoint the Aldermanic representatives on the Committee of Adjustment as per Section 44(3) of the Planning Act, and that a Council member be appointed to replace Alderman Janice Wing on the Humane Society Board. BACKGROUND: Council passed By-law No. 200 l-01 which appointed citizens and Aldermen to various Boards and Committees. Mayor Wayne Thomson, Aldermen K. Feren, C. Ioannoni, V. Pietrangelo and S.Volpatti were appointed to the Committee of Adjustment for the 2001, 2002, 2003 term. Section 44(3) of the Planning Act states that members of the committee who are members of a Municipal Council shall be appointed annually. In light of Alderman J. Wing's resignation from the Humane Society Board, that organization also requires an Aldermanic representative. The most recent agreement on file between the City and the Humane Society also indicates that the Council representative should be appointed "each year", as opposed to the term of office. City Clerk A~roved by: Tony Ravenda Executive Director of Corporate Services DI:lw Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal · ~Edw~d PQ Lus~ig~''- Planning & Development NIAGARA FALLS HUMANE SOCIETY 6025 Chippawa Parkway, Niagara Falls, Ontario L2E 6X8 Telephone (905) 356-4404 Fax 1905) 356-7652 Incorporated Aprd 8, 1937 January 17, 2002 TO: I~ayor Wayne' Thomson and Niagara Falls Ciq( CouncJI FROH: Darlene HcCauley, President Niagara Fails Humane Society RE: Alderman representaUve - NFHS Board of Directors We recently accepted the unexpected resignation of Alderman .lanice Wing from our Board. [n continuing our vital work and busy schedule, we are eager for the appointment of another alderman. We would like to recommend and endorse the appointment of Alderman Shi'rley Rsher to this position. We believe she will contribute slgniflcantly to our efforts and will be an excellent representative of d~' cotu~t tn' our Thank you for considering our request and recommendation. Please f~i free to call me or our shelter manager Vatede Brown with any "WE SPEAK FOR THOSE WHO CANNOT SPEAK FOR THEMSELVES" The City of Niagara Falls 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.niagara falls.on.ca January 21, 2002 R.O. Kallio City Solicitor L-2002-03 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Palls, Ontario Members: L-2002-03, Establishment of Public Highways Block 139 Plan 59M-271 to be known as Kelly Drive Block 140 Plan 59M-271 to be known as McGarry Drive Block 141 Plan 59M-285 to be known as McLeod Road Part 4 Plan 59R-11559 to be known as Grassy Brook Road Part 1 Plan 59R-9894 to be known as Bender Street Our File No.: 2000-05 RECOMMENDATION: 1. That one foot reserves, being Blocks 139 and 140 on Plan 59M-271, be established as public highways, to be known as Kelly Drive and McGarry Drive, respectively. 2. That a road widening, being Block 141 on Plan 59M-285, be established as a public highway to be known as McLeod Road. 3. That a road widening, being Part 4 on Reference Plan No. 59R- 11559, be established as a public highway to be known as Grassy Brook Road. 4. That a daylighting triangle, being Part 1 on Reference Plan No. 59R-9894, be established as a public highway to be known as Bender Street. BACKGROUND: Blocks 139 and 140 on registered Plan No. 59M-271, shown hatched on the plan attached, are one foot reserves conveyed to the City at the time of registration of Garner Estates Subdivision for the purpose of controlling access to the adjacent undeveloped lands. Now that orderly development has be~m approved on the adjacent lands, Staff concurs the one foot reserves are no longer required and may be established as public highways to permit legal access to the new subdivision Garner Estates- Phase 1. Working Together to Serve Our Communi~v Clerk's Finance Human Resources Information Systems · Legal Planning & Development L-2002-03 - 2 - January 21, 2002 Block 141 on registered Plan No. 59M-285, shown hatched on the plan attached, was conveyed to the City for road widening purposes as a condition of approval of Garner Estates-Phase 1 Subdivision. Staffis recommending the subject road widening be established as a public highway to form part of McLeod Road. Part 4 on Reference Plan No. 59R- 11559, shown hatched on the plan attached, was conveyed to the City for road widening purposes as a condition of Committee of Adjustment approval. Staff is recommending the subject road widening be established as a public highway to form pa~ of Grassy Brook Road. Prat 1 on Reference Plan No. 59R-9894, shown hatched on the plan attached, was conveyed to the City for a daylighting triangle as a condition of site plan approval. Staffis recommending the subject daylighting triangle be established as a public highway to form part of Bender Street. Prepared by: S.M. Daniels, A.M.C.T. Legal AssistanffProperty Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Re~~ ,.~ by: R.O. Kallio, City Solicitor. Respe~t..Jully Submitted: ~ Edward P. Lustig, // Chief Administrative Officer. 17.62 16.02 .34.17 N87'~.g'E N87'49'E 14.00 94.62 41 4O 12.70 Dr'~e 13.10 13.10 0.82 12.70 12.70 ~ 32 33 \ / 31 "~ / / / / Block Z 54 ve $ 5.40 14.90 14.90 i 86 87 13,40 ~..~4.90 ] 14..90 .50 100.38 104 . / 14.50 14,50 15.00' 8 27.50 27,00 l 281.09 ~ NS~S7~:'L:'-~','35.~~ :. 55 FIE M2~3, 18 5g PiN 64264-0317 -rMCGarry -' Drive (by plon) 51 50 49 ~: N87'4-9'E (LO~AI.LY KNOWN(AS) ~}ad AL~W~ ~ ~ LO~) · PIN' 6,4-264-0i? 06 N W SCH£OULE I 59R-591 PAET OF LOT 7, BROKF~ FRONI CONC£SSION REGIONAL MUNICIPAUTY OF NIAGARA 2001 SURVEY R'~ CERTIFC T ' %:: ::=~ LEGEND 4JlA 439 437 440 % PART 2 '~' % '-~' PN~T 3 BEARING NOTE METRIC .....I~JLWA¥~ .................... DATE --(~ ~ ~'"~Ill'DATE: 457 ~'~ SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1..THIS SURVEY AND THIS PLAN ARE CORRECT AND IN ~4~CC(~DANCE WITH THE SIJRVEYS ACT, THE ~JRVEYOR$ ACT, TH~ RE6~STRY ACT A/~ THE RE:GIJL~ONS M~DE PLAN OF SURVEY OF Pert of Lot 439A - Pi Pert of Palmer Avenue & Pert of Stamford To City of Niagara Falls The City of Niogoro Foils 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.niag arafalls.on.ca January21,2002 R.O. Kallio City Solicitor L-2002-06 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-06, Auto Petro Investments Limited Release of Site Plan Agreement - 3486 Portage Road Our File No.: 1999-249 RECOMMENDATION: That Council release Auto Petro Investments Limited, its successors and assigns, from a Site Plan Agreement, dated December 13, 1972, for property known municipally as 3486 Portage Road and thai the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the agreement, at no cost to the City. BACKGROUND: In 1972 the owner of 3486 Portage Road entered into a Site Plan Agreement with the City to permit the construction of an automobile service station. Since that time the service station has been demolished and the new owner entered into a site plan agreement with the City to construct an office building on the same site. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development L-2002-06 - 2 - January 21' 2002 Staffconfirms the 1972 agreement is no longer required and may be terminated and removed from the title to the property, at no cost to the City. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Rec City Solicitor. ~ed by: Respectfully Submitted: Chief Ac~inistrative Offic~.~ .iogoro Fo,s 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.niaga rafalls.on.ca His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: January 21, 2002 L-2002-07, Rainbow Motor Inn Partial Release of Sign Agreement - 5581 Murray Street Our File No.: 1998-083 R.O. Kallio City Solicitor L-2002-07 RECOMMENDATION: That Council release Rainbow Motor Court of Niagara Falls Limited operating as Rainbow Motor Inn from a Sign Agreement, dated March 30, 1999, insofar as it applies to the owner's land located on Stanley Avenue and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of partially releasing and terminating the agreement. BACKGROUND: In 1998, the owner of 5581 Murray Street entered into an Agreement with the City to permit the owner to place a ground sign on part of the road allowance at the intersection of Main Street and Murray Street. Inadvertently, additional land of the owner, located on Stanley Avenue, was also included in the agreement. The owner is requesting a partial release of the Agreement with respect to the Stanley Avenue property. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development L-2002-07 - 2 - January 21, 2002 Staff recommends a partial release of the Agreement, with respect to the lands of the owner located on Stanley Avenue, and the same to be registered to clear the cloud on title. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. Approved by: Tony Ravenda, Executive Director of Corporate Services. Ri~~, bY: City Solicitor. Respect ly Submitted: Edward P. Lustig, ~ Chief Administrative Officer. The Cky of Niagara Falls, Omario Council Chambers No. Moved by Alderman Seconded by Alderman January21,2002 WHEREAS the freedom that Canadians enjoy is a result of the efforts of our Veterans during various armed conflicts in the last century; and WHEREAS many nations provide their veterans with pensions based solely on their war time service; and WHEREAS although the Federal Government does have pensions available to Canadian Veterans, these pension programs are tied to levels of income or disability; and WHEREAS a local resident, and veteran, has proposed a tax break of $5,000 for Canadian Veterans. THEREFORE BE IT RESOLVED that Niagara Falls City Council petition the Federal Government to provide a tax break to Canadian Veterans. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR