2002/01/28REGULAR COUNCIL
MEETING
Monday, January 28, 2002
Order of Business
and Agenda Package
REGULAR MEETING
January 28, 2002
PRAYER: Alderman Gary Hendershot
ADOPTION OF MINUTES: Planning/Regular Meeting of January 21, 2002.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a bdef explanation thereof will be made for the
current Council Meeting at this time.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
PRESENTATIONS
200'/Ontario Masters Cross Country Run
His Worship Mayor Thomson will make a presentation to Mr. Paul Yerich,
Mr. Brian Delaney, Mr. Brian Drewett and Mr. John Murphy, who had placed First in the
2001 Ontarfo Masters 5km Cross Country Run event.
DEPUTATIONS
Environmental Plannina & Greenina Committee
Mr. David Scott and Mr. Russell Boles wish to address Council on the issue of City
Beautification.
-2-
- AND -
Report R-2002-09 - Chair, Environmental Planning & Greening Committee - Re: Actions
Stemming from the Environmental Planning & Greening Committee Meetings of November
21, 28, 2001 and January 16, 2002.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrengelo, Chair)
PLANNING MA TTERS
Chief Administrative Officer
PD-2002-13, Kingston Educational Center Inc.,
4300 Epworth Circle; Kingston College
Agreement with the City; Committee of
Adjustment Application A-31/2001; Conditions of
Approval.
Chief Administrative Officer
PD-2002-14, Matters Arising from the Local
Architectural Conservation Advisory Committee
(LACAC).
FINANCIAL MA TTERS
1. Chief Administrative Officer F-2002-09, 2000 Financial Statements.
2. Chief Administrative Officer F-2002-10, Interim Tax Rates.
MISCELLANEOUS MA TTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
3, Chief Administretive Officer
CD-2002-02, Reduction of the Number of
Aldermen on City Council.
L-2002-08, Niagara Resorts Inc., Lease
Agreement with the City; 5591 Victoda Avenue.
L-2002-09, Establishment of Public Highways;
Part 2 on 59R-11581 to be known as KalarRoad;
Parts 1 and 3 on 59R-11323 to be known as
Drummond Road.
-3-
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLU~ONS
That Council declare surplus that part of the former CNR right-of-way, located at the
rear of 8646 Champlain Drive and to convey the said land to Dominic Paulo to fulfill
the obligation of The Corporation of the Village of Chippawa.
BY. LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
2002-25
To authorize an agreement with Niagara Resorts Inc. to permit the use of part
of Victoria Avenue road allowance for the purpose of improving the driveway
entrance and reception area in conjunction with the Hampton Inn.
2002-26
To provide for the interim levying of costs for Drain No. 6 in the City of
Niagara Falls.
2002-27
To amend By-law No. 2001-01, being a by-law to provide for appointments to
certain Boards, Commissions and Committees.
2002-28
To establish Parts 1 and 3 on Reference Plan No. 59R-11323, as a public
highway, to be known as and to form part of Drummond Road.
2002-29
To establish Part 2 on Reference Plan No. 59R-11581, as a public highway,
to be known as and to form part of Kalar Road.
2002-30
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 28~h day of January, 2002.
NEWBUSINESS
The City of
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
January 28, 2002
Adele Ken
Director
R-2002-09
His Worship Mayor Wayne Thomson
and Members of Murdcipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2002-09 - Actions Stemming from the Environmental Planning &
Greening Committee Meetings of November 21, 28, 2001 & January 16,
2002.
RECOMMENDATION:
It is recommended that Council endorse the actions of the November 21, 2001, November 28, 2001,
and January 16, 2002 meetings of the Environmental Planning & Greening Committee.
BACKGROUND:
The Environmental Planning & Greening Committee dealt with a number of items in their recent
meetings and wish to highlight the results for Council's consideration.
1. Streetscape Master Plan
A presentation of the draft Streetscape Master Plan was made by Planning & Development staff.
There was support of the draft Streetscape Master Plan and a desire expressed in seeing the Master
Plan be extended into other areas of the City. It was also noted that Stanley Avenue is intended to be
reconstructed and the construction plans should reflect the findings contained in the Master Plan. The
recommendation of the Committee was as follows:
That the Environmental Planning & Greening Committee support the draft Streetscape
Master Plan, as presented, and that the elements for Stanley Avenue be incorporated into
the Region's plans for the Stanley Avenue reconstruction, and that the Streetscape Plan be
extended into other areas of the City and coordinated with the Roberts Street redevelopment.
2. Jolley Cut
The Committee discussed a report going before City Council that was recommending that a Planning
Review be carried out for the Jolley Cut. The Committee approved the following recommendation:
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
-2-
That the Environmental Planning & Greening Committee supports the carrying out of a
Planning Review of the Jolley Cut, but does not support the sale of the Joiley Cut.
3. City Beautification Review
A presentation was made to the Committee by Parks, Recreation & Culture staff highlighting various
City streets and gateways where improved beautification efforts could be carried out to enhance the
general appearance of the City. Recent beautification initiatives were highlighted including the
intersection of Queen Street and River Road, and the QEW Welcome Sign. There was concern with
the lack of colour and maintenance of the QEW Welcome Sign and the Niagara Falls Horticultural
Society are willing to design, plant and maintain the flowers at the QEW Welcome Sign subject to
periodic visits by the City's water track.
The Committee also noted that a waterline extension is to occur out to Club Italia and the Regency
Hotel. The Committee made the following recommendation:
That when the extension of water service to Club Italia takes place, that the City consider
extending water service to the flower beds at the QEW Welcome Sign to Niagara Falls.
The Committee feels strongly that there should be a proactive plan in place to beautify the City and
wish to propose Council's support for an allocation of $30,000 in the 2002 Budget for an extension
to the Streetscape Master Plan to include other parts of the City. The Committee would also like to
put forward a request for funds to undertake a beautification project in 2002. The Committee also
recommended that sufficient money be provided to ensure ongoing maintenance of existing and
future beautification projects. The recommendation of the Committee was as follows:
For the City's 2002 Budget, that City Council refer to budget deliberations, the allocation
of $30,OOO for an extension to the Streetscape Master Plan to cover other areas in the City,
and that an allocation of $35,000 be made for a beautification project, to be chosen at a
later date and that sufficient funds be provided to ensure proper maintenance of the
beautification areas.
4. 2002 Work Program for the Committee
The following was approved by the Committee:
That the 2002 Work Program be approved and forwarded to Council for information
(a copy of Report R-2002-04 is attached).
5. Proposed Reporting Structure Change for the City's Trails & Bikeway Committee
The City's Trails & Bikeway Committee was originally formed as an Ad Hoc Committee to the
City's Environmental Planning & Greening Committee (EP&GC) in the Fall of 1998. At the time,
the Trails and Bikeway Committee was formed, the EP&GC was a Committee of Council with five
(5) Alderman having voting privileges. The EP&GC has now changed to a Volunteer Committee
m~d as a result, the Trails & Bikeway Committee has requested a change that would see them report
-3-
directly to Council, as opposed to another Volunteer Committee.
The EP&GC supported the reporting structure change for the Trails and Bikeway Committee and
the following recommendation:
That the structure change of the Trails and Bikeway Committee reporting to Council be
supported and forwarded to Council for approval.
Council's consideration of the above recommendations would be appreciated.
Respectfully Submitted,
,~. Alderman Selina Volpatti, Chair
Environmental Planning & Greening
Committee
LL/das
S:\Council\Counci12002hR-2002-09.wpd
The City of
Niclgoro Follsll~a~_
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: wv~w.ctty.nlagarafalls.on.ca
Tel: (905) 356-7521
Fa~c (905) 356-7404
E-mall: akon~}city.nlagarafalls.on.ca
January 16, 2002
Adele Ken
Director
R-2~02-04
Aide, man Selina Volpatti, Chair,
and Members of the Environmental Planning
and Greening Committee
City of Niagara Falls, Ontario
Re: R-2002-04 2002 Work Program for the
Environmental Planning & Greening Committee
RECOMMENDATION:
It is recommended that the 2002 Work Program be approved and forwarded to Council for
informatio~
BACKGROUND:
Every year a proposed work program is outlined for the Environmental Planning & Greening
Committee. The Col~mittec currently functions under the shared responsibility o£both the Parks,
Recreation & Culture and the Planning and Development Department staff. Co-ordination and
preparation of minutes and agenda are generally can-led out by Part'~, Recreation & Culture staff
with input fxom the Planning and Development staff. The varions projects and work program are
highlighted as follows:
1. Greening and Beautification Projects - Parks, Recreation & Culture
The Environmental Planning & Greening Committee has been involved in a number of
greening projects in the past. In 2000, the Committee was kept apprised of the progress of
the Streetscape Master Plan and landscaping at the Millennium Clock, Queen Street at River
Road, QEW Welcome Sign and Stamford Arena. In 2001, there were additional
beautification enhancements including flower bed plantings in Fairview Cemetery, Queen
Street at Valleyway, and Bridge Street at Victoria Avenue. Beautification plans have been
prepared for the Bender Hill area with improvements planned for 2002 through partnership
with Casino Niagara. Also for 2002, the Committee will be working with City staff, to
approach Council, for an increase in the Beautification Budget with specific projects in mind,
namely, the Welcome Sign at the QEW and a major intersection in the City.
Working Together to Serve Our Community
Municipal Works Fire Sen, ices Parks, Recreation & Culture Business Development
-3- January16,2002
Over the past 5 years, there has been the preparation of an Environmental Activities Listing.
This listing highlights a wide range of environment activities and copies of the listing are
provided to participating groups, Niagara Falls Library and City Departments.
Review of Environmental Related Projects - Planning
The Committee will be kept informed of important Provincial and Federal initiatives of an
environmental nature. Previously, the Committee reviewed reports involving the Niagara
River Toxic Management Plan. In 1999, 2000 and 2001, the Committee was apprised of the
work o fthe Niagara River Restoration Council through the B aden Powell Restoration Project
and the Grassy Brook Rehabilitation Project.
In addition to the above, the City is updating its Official Plan and various policies relating
to environmental protection will be provided to the Committee for review. The Committee
is aware of the Streetscape Master Plan. It is the intention that the streetscape
recommendations of the various tourist districts will be provided to the Committee for their
review.
Woodlot Protection - Parks, Recreation & Culture
In the past, the Committee has been involved in a number of initiatives encouraging the
conservation and protection of trees within the City. In recent years, the Committee has dealt
with requests for boulevard trees to be removed. In 2002, it is intended that the Committee
will review possible changes to the City's current tree protection policies.
CONCLUSION
The protection of the environment is an important issue in our community. It is important tho
Committee be apprised of the current and future environmental initiatives. The 2002 Work Program
sets out the work that will be carried out and input or changes from the Committee would be
welcome.
Respectfully Submiaed~
Adele Ken, Director
Director of Parks, Recreation & Culture
Respectfully Submitted:
Doug Darbyson
Director of Planning and Development
L. Lightfoot
Corporate Sen/ices 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
January 28, 2002
Doug Darbyson
Director
PD-2002-13
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-13, Kingston Educational Center Inc.
4300 Epworth Circle
Kingston College Agreement with the City
Committee of Adjustment Application A-31/2001
Condition of Approval
RECOMMENDATION:
It is recommended that Council authorize the execution of an Agreement dated October 10,
2001 between Kingston Educational Center Inc. and the City to satisfy a condition of approval
by the Committee of Adjustment.
BACKGROUND:
Kingston Educational Center Inc. requested the Committee of Adjustment to determine that the
proposed use of the property as a private school and dormitory would be a permitted use. The
Committee granted the request albeit, conditionally. One of the conditions of their approval required
that an agreement be entered into, one which would be registered on title of the property addressing
all of the conditions imposed by the Committee of Adjustment.
The decision of the Committee was appealed to the Ontario Municipal Board. The Board dismissed
the appeal without holding a full heating, but confirmed the same conditions imposed by the
Committee. Conditions imposed in the decision of the Committee of Adjustment are as follows:
· The private school use is to be registered with the Ministry of Education.
Maximum enrollment shall not exceed 600 students.
· Maximum number of residents on-site shall not exceed 100 students.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
January 28, 2002 - 2 - PD-2002-13
· Community groups will have access to the auditorium and gymnasium.
· The daycare centre be allowed to continue operation.
· Present on-site parking and landscape areas be retained as is.
· A security force be employed.
· Enrollment and residency numbers shall be reported to the City annually.
· Evening use of the facilities cease at 11:00 p.m.
· Liaison will be maintained with the neighbourhood representatives if organized.
· Large gathering of students beyond day-to-day passive use will be discouraged.
· An intemal security system will be maintained.
Staff has reviewed the content of the agreement and is satisfied that all the conditions imposed by
the Committee have been incorporated into the agreement that is now before Council. Refer to the
agreement, which is attached to this report, for further detail.
Prepared _by.; ...... ~
William Clark ~
Senior Zoning Administrator
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
Tony Ravenda
Executive Director of Corporate Services
WC:gd
Attach.
FILE: S:~PDR~2002~PD2002-13.wpd
~EVi~. Lustig ~
Chic f Administrative~ficer
THIS AGREEMENT made this 10~ day' of October, 2001.
BETWEEN:
KINGSTON EDUCATIOI~IAL CENTER INC.
a company incorporated under the laws
of the Province of Ontario
Herainafter called the "Owner",
of the FIRST PART;
THE CORPORATION OF 'rile
CITY OF NIAGARA FALLS
Herviuniter called the "Clt~",
of the SECOND PART;
WHEREAS Kingston Educational Center Inc. is the Owner of the land described in Schedule "A"
attached hereto and forming part of this agreement ("said land");
AND WHEREAS as a condition of Committee of Adjustment granting relief, clarification was
required that the proposed private school and related uses suoh as a school residence would be a
permitted use, the Owner {s required therefore to enter into an agreement with the City with respect
to conditions imposed by the Committee of Adjnstment ("CEA") by decision dated July 24, 2001
under File No. A-31/1001.
NOW THEREFORE in consideration of the premises and other good and valuable consideration~
the Owner covenants and agrees with the City as follows:
The Owner is the registered owner of the said land and consents to thc registration of this
agreemant against the title to the said land, if neeeesary.
The Owner acknowledges and agrees that the following conditions imposed by the CeA
shall be applied to the said lands and the Owner shall comply with the said conditions:
(a)
the approval by the COA applies only to the proposed private school use which use
shall be registered with thc Minlst~ of Education and shall operate within thc
regulatign~ of the Education AcC,
(b) ~aximum enrollment at any one time not to exceed 600 studunts;
maximum number of students to take up residency on-site shall not exceed 100
students at any one time;
(~)
commtmity groups will be provided access to the nsc of the auditorium and
gyranaaium, and provisions will be provided to allow for the continuation of the
daycare centre; provided there are no conflicts with the education curriculum;
the prescnt on-site parking facilities and landscape area will be retained as it
presently exists, save and except that the owner will bc allowed to maintain in a good
state of repair the parking area and shall be permitted to maintain and groom the
landscaped area of the premises;
(f) a security force will be employed to maintain site safety and care;
(g) monitoring of enrollment numbers and residency numbers shall be reported annually
to the City in the form and manner as required by the City;,
-2-
(h)
O)
evening use of the private school will cease at 11:00 p.m, local time.;
liaison will be established and maintained between the neighbourhood
representative* and the school representatives, if required by the neighbourhood
representatives;
~)
large gatherings of students beyond the day-to-day use of the said land's amenity
areas, particularly in the late evening, will be discouraged; and
(k) an internal secu. rity system will be established and maintained.
It is agreed that the approval granted by the COA to the Owner may be rescinded should the
Owner not abide by and comply by all the conditions set out in paragraph two.
Unless specificully stated otherwise in this agrsemcut, this agreement and any schedules
thereto may not be amended unless agr~d to by both parties, duly authorized and duly
executed and any and all amendments must be in writing.
This agreement shall be read with all changes of gender and number required by the context.
This agreement with is schedules shall constitute the entire agreement between the Owner
and The City, and the parties acknowledge that there is nor representation, warranty,
collateral agreement or condition affecting this agreement.
(l)
Where this Agreement requires notice to be delivered by one patty to the other, such
notice shall be in vailing and delivered either personally, by e-mail, by fax or by
prepaid ordinary llrst class post, by the party wishing to give ~uch notice, to the other
party a~ the address noted below.
(2) Such notice shall be deemed to have been given:
(a)
Co)
(c)
in the case of potannal delivery, on the date of delivery;,
in the case of e-mail or fax, on the date of transmissions provided it is
received before 4:30 p.m. on a day that is not a holiday, as defined in the
interpretation Act, failing which it shall be deemed to have been received the
next day, provided the next day is not a holiday;, and
in the case of registered post, on the third day, which is not a holiday,
following posting.
Any notice to be given pursuant to this agreement may be delivered or sent to the Owner and
the oily as follows:
Kingston Edueationai Center Inc.
edo Kingston College
Attention: Dr. Iam K. Wong
10940 Acadia Avenue
Markham, Ontario
L3R 9V l
Telephone: (905) 513-1685
Fax No.: (905) 513-6140
-3-
The Corpo~tlon of the City of Niag~ra Falls
Attention: City Clerk
4310 Queen Strut,
P.O. Box 1023,
Niagara Falls,
Telophone No.: (905) 356-7521
Fax No.: (905) 356-2354
IN WITNESS WHEREOF the City and the Owner have hereunto af~ed theft corporate seals d, uly
attested bythe hands of the proper signing officers in that behalf and the said signing officers ce~ify
that they have the authority to bind their co~ ~oratlon.
KINGSTON EDUCATIONAL CENTER
uue: p~o~OVe~T
!
Name:
Title:
THE CORPORATION OF THE CITY OF
NIAGARA FALLS
Name: Wayne Thomson
Title: Mayor
Name: E. C. Wagg
Title: City Cl~ck
We have the authority to bind the corporation
SCHEDUL~ "A"
to an Agre~nent dated October I0~h, 2001
between
KINGSTON EDUCATIONAL CENTER INC.
and
THE CORPORATION OF THE CITY OF NIAGARA
Lot 101 Plan 1002 Town of Niagara Falls, in the City of Niagara Falls, in the Regional Municipality
of Niagara.
ISSUE DATE:
Dec. 12, 2001
DECISION/ORDER NO:
2023
Ontario
Ontario Municipal Board
Commission des affaires municipales de rOntario
PL010780
John Leveque has appealed to the Ontario Municipal Board under subsection 45(12) of the
Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the Committee of
Adjustment of the City of Niagara Falls which granted with conditions an application by Kingston
Educational Services numbered A-31/2001 for variance from the provisions of By-law 79-200
respecting 4700 Epworth Circle
OMB File No: V010389
William Slovak has brought a motion before the Ontario Municipal Board under Subsection
45(17) of the Planning Act, R.S.O. 1990~ c. P.13, as amended, to dismiss the appeal without
holding a full hearing
OMB File No: V010389
APPEARANCES:
Parties
Kingston Education Services
John Leveque
Counsel*/A.q~ nt
W. Slovak*
RECEIVED
I)~C 1 4 2001
& OEVEL
MEMORANDUM OF ORAL DECISION DELIVERED BY B. W. KRUSHELNICKI
ON NOVEMBER 28~ 2001 AND ORDER OF THE BOARD
Kingston Educational Services has purchased the school and site of the former
Niagara Falls Collegiate Vocational Institute which occupies Epworth Circle in an older
residential area of the City of Niagara Falls. The school has been surplus to the Board's
needs and Kingston College, as it is known, proposes a private school for an eventual
population of (no more than) 600 students with dormitory facilities for 100. The land is
zoned I Institutional and has been a school site for over 100 years.
As a precaution based on the advice of the City's planners, and despite the
zoning and the existence of the public school facility, Kingston College applied to the
City's Committee of Adjustment under Section 45(2)(b) of the Planning Act for what is
considered an interpretation of the by-law and confirmation of the use as a permitted
use. The planners are'concerned with potential compliance concerns over two aspects
il~ -2- t~1~ PL010780
of the proposal: the fact that it will be a private school rather than a public school and
the residential or dormitory function.
The Committee's authority (and ultimately the Board's authority) under the cited
section is as follows:
Where the uses of land, building or structures permitted in the by-law are
defined in general terms, (the Committee of Adjustment) may permit the use of
any land, building or structure for any purpose that, in the opinion of the
committee, conforms with the uses permitted in the by-law.
The Committee agreed that the proposed use would conform with the uses
permitted in the by-law and in so doing granted permission for the specific use as a
private school with dormitory facilities. Before granting this permission, the Committee
adjoumed its hearing so that objecting and concerned residential neighbours could be
consulted. A consultation took place in which the neighbours' concerns were addressed
by conditions, which include an agreement with the City over details of the use. The
neighbours were satisfied by this, except for Mr. Leveque, the sole appellant before the
Board, who continues to object.
Kingston through its counsel, Mr. Slovak, asserts that the appeal by Mr. Leveque
is groundless and requests that the Board dismiss the appeal without a hearing. I
considered the facts as provided by the aff~lavits of Mr. Wong, Provost of the College,
and Mr. Darbyson, Planning Director for the City, as well as the evidence and
submissions of Mr. Leveque and have concluded that indeed, the concerns raised by
Mr. Leveque do not disclose any apparent land use planning ground and that he raises
no triable planning issues.
Mr. Leveque objects to the sale of the property to a. private interest and asserts
that the price was too Iow. This, however, is not a planning ground. Neither the
Committee of Adjustment nor this Board is authorized to monitor the disposition of real
estate by the School Board.
Mr. Leveque raises issues associated with the residential or dormitory aspect of
the proposal. However, the zoning category permits residential or dormitory uses as-of-
right in the form of a YMCA, sanatorium or nursing homes, for instance, and as such
there can be no issue that dormitory uses are permitted.
-3- PL010780
Mr. Leveque raises an issue relating to the presence of students. This has been
a school site and has been zoned for institutional uses for some-time. The Committee
has correctly presumed that its continued use as a school with students would be
permitted. There is no issue in this.
Mr. Leveque raises issues about parking and sidewalks. While these might be
considered design or planning issues, they do not go to the question of the conformity of
the use with the by-law, which is the question before the Committee and by appeal
before this Boa~l. Similarly questions raised about compatibility' with the City's new
CaSino and the airport in Niagara Falls, New York are not issues. The Casino is five
miles' away and the airport even farther. The Board did not understand how the
Committee's decision related to the September 11th events, except possibly to link the
proposed intemational nature of the school to security questions that may be timely.
The Board cannot imagine the link of this to planning issues or questions of by-law
conformity.
In short, the Board was not persuaded that there are apparent land use planning
issues to be raised by this appeal, and the Board so finds.' However, to be sure, the
Board considered all the evidence and submissions that Mr. Leveque raised and
concluded that the Committee has correctly granted permission for the use of this land
as proposed for a private school with dormitory facilities. The Board grants the same
permission. In accordance with Section 45(18) of the Planning Act, the Board makes
the same decision as the Committee of Adjustment including (as provided by'
Section 45(9) of the Planning Act) the placement of the same conditions as provided in
the decision of the Committee as filed with the Board.
The appeal is dismissed and the Board so orders.
B. W. KRUSHELNICKI
MEMBER
Niagara Fails
DECISION OF COMMrI'rEE OF ADJUSTMENT
CITY OF NIAGARA FALLS
IN THE MATI'ER OF Section 45 of the Planning Act, (R.S.O. 1990); and
File: A-31/2001
IN THE MATTER OF:
NAME: Kingston Educational Services Inc.
ADDRESS: 4700 Epworth Circle
DESCRIPTION AND LOCATION OF SUBJECT LAND: For the property legally described as Lot 101,
Registered Plan 100Z, for the City of Niagara Falls.
NATURE AND EX't'i~NT OF RELIEF APPLIED FOR: The applicant is requesting the Committee for an
interpretation of general terms that are used in the by4aw text in order to clarify that spedfie uses would be
permitted in this Institutional zone. Wbere the Institutional zone permits various uses inclusive of community
buildings and educational facilities not used for commercial purposes, the applicant is requesting the Conunittee
to clarify that the proposed private school and related uses such as a school residence would be a permitted use.
DECISION:
REASON(S):
Granted, pursuant to the provi~ious of Section 45 of the Planning Act, ILS.O. 1990.
The proposed use appears to conform with the previous school use and the uses which are akeady
pen:nitted by thc land's Institutional zoning.
THE ABOVE DECISION IS SUB/ECT TO THE FOLLOWING CONDITION(S) BEING FULFILLED:
(i)
An agreement be entered into and registered on title confirming the following "conditions for
approval" and where any such condition cannot be made part of that registered agreement, an
appropriate memorandum of understanding shall be submitted covering those points.
(2)
The approval apply only to the proposed private school use which shall be reg/stered with the
Ministry of Education and shall operate within the regulations of the Education Act.
(3) The following conditions of operations shall apply:
· Maximum enrollment at any one time not to exceed 600 students.
Maximum number of students to take up residency on-site not to exceed I00 students at any
one time.
Community groups will be provided access to the use of the auditorium and gymnasium, and
provisions will be provided to allow for the continuation of the daycare centre; provided
there are no conflicts with the education curriculum.
The present on-site parking facilities and landscape areas will be retained as is.
A security force will be employed to maintain site safety and care.
Monitoring of enrollment numbers and residency numbers shall be reported annually to the
City's satisfaction.
Evening use of the facilities is to cease at 11:00 p.m.
-2-
A-31/2001
Liaison will be maintained between the neighbourhood representatives, if organized, and the
school representatives.
Large gathering of students beyond the day to day passive use of the sites amenity areas,
particularly in the late evening, will be discouraged.
Internal security system will be maintained
I hereby certify this to be a tree and correct copy of the Decision of the CommiRee of Adjustmen~for the City of Niagara
Fails and this decision was concurred in bythe majority of the Members of the
DATE OF MAILING: 0tlly L:%, L~0'] %-""/ ~5if '5~ ....
Local Architectural Conservation Advisory Committee
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: nfplan@city.niagarafalls.on.ca
Kathleen Powell
Chair
PD-2002-14
January 28, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2002-14, Matters Arising from the Local
Architectural Conservation Advisory Committee (LACAC)
RECOMMENDATIONS:
It is recommended that:
1)
Council proclaim the week of February 17 to February 24, 2002 as Heritage Week in the
City of Niagara Falls; and
2)
Council receive the information concerning the heritage value of the Jolley Cut and
forward the information to the consultant.
MATTERS ARISING:
The regular meeting of the Local Architectural Conservation Advisory Committee (LACAC) occurred
on January 16, 2002.
l. Heritage Week
Heritage Week is celebrated nationally the third week of February each year. This year's theme
is "Industrial Heritage Sites". LACAC adopted the following motion.
"THAT Council proclaim the week of February 17 to February 24, 2002
as Heritage Week in the City of Niagara Falls."
A proclamation is included in tonight's Council package agenda. Various activities are being
organized to celebrate Heritage Week including a 2-day display, February 8 and 9, 2002, at
Niagara Square previewing Heritage Week, as well as organized tours of some of the City's
industrial properties.
W or~in0 Tooetber to Serve Oar Community
September 10, 2001 - 2 - PD-2001-82
2. Jolley Cut
On November 19, 2001, Council asked that LACAC consider whether or not the Jolley Cut is
worthy of designation. On January 16, 2002, LACAC thoroughly discussed and evaluated the
historical and cultural significance of the Jolley Cut. Based on the results of evaluations,
following both Provincial and Municipal criteria, the following motion was adopted:
"THAT LACAC has determined the Jolley Cut meets and exceeds the Provincial
Evaluation Process for Cultural Landscapes and LACAC's Evaluation Criteria for
Heritage Resource Properties and, therefore, deems it worthy of designation. A
report with the full background will be prepared and provided to the consultant
who will be conducting the planning study on the Jolley Cut."
The full background information and historic data are now being compiled into report format and
will be supplied to the consultant at a later date.
CONCLUSION:
LACAC is seeking the concurrence of City Council on these matters.
Respectfully Submitted:
Todd Barclay, Chair
Local Architectural Conservation Advisory
Committee
BM:tc
Attach.
S 5PDRL2002~PD2002-14.wpd
The City of i~l~.
Niagara Falls I1~,.
Corporate Services Department
Finance 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) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
F-2002-09
Kenneth E. Burden
Director of Finance
January 28, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2002-09 - 2000 Financial Statements
RECOMMENDATION:
That the Council accept the 2000 Consolidated Financial Statement for The Corporation of the City
of Niagara Falls.
BACKGROUND:
The Audit Committee met on January 21, 2002, to review the Corporation's financial statements for
the year 2000 and copies ofthe statements were provided to the Corporate Services Committee. The
Committee requested time to review the statements and deferred Report F-2000-03.
Recommended by:
K.E. Burden
Director of Finance
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respec~rbmitted:
Edward P. Lustig ~
Chief Administrative Officer
Working Together to Serve Our Community
Clerk's Finance Human Resoumes Information Systems Legal Planning & Development
Corporate Services Department
F-2002-10
The City of
Niagara Falls
Finance 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) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
Kenneth E. Burden
Director of Finance
January 28, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2002-10 - Interim Tax Rates
RECOMMENDATION:
That Council approve the 2002 Interim Tax Rates and pass the By-law providing for a 2002 Interim
Tax Lew.
BACKGROUND:
In order for the City to operate without unduly incurring interest expenses, an interim levy of taxes
is necessary.
Interim tax rates have been calculated for all property tax classes in accordance with section 370 of
the Municipal Act which provides the authority to levy interim taxes and the calculations to be
applied when levying interim taxes. The following is a summary of the interim rates for the year
2002:
Residential/Farm
Farmlands
Managed Forests
Pipelines
Multi-residential
Commercial
Vacant Commercial
Industrial
Vacant Industrial
Large Industrial
Vacant Large Industrial
.812124%
.203031%
.203031%
1.652593%
1.519953%
1.955624%
1.368937%
3.912429%
2.543079%
4.307884%
2.800125%
The City's soft~vare that calculates and prints interim tax notices is programmed to limit the interim
taxes levied to the lesser of the current tax assessment times the interim tax rate or 50% of the total
taxes levied in 2001.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
January 28, 2002 - 2 - [:-2002-10
The Due Dates for this interim levy, in accordance with By-law No. 93 -23, will be February 28 and
April 17, 2002 (February 28 and April 18 in 2001).
An interim levying By-law has been prepared and appears on this evening's Council Agenda should
Council adopt this report's recommendation.
Prepared by:
Manager of Revenue
Recommended by:
K.E. Burden
Director of Finance
Respectfu~l_y submitted: _
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Corporate Services Department
Niagara Falls
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
January 28, 2002.
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2002-02
Reduction of the Number of Aldermen on CiW Council
RECOMMENDATION:
For the information and direction of Council.
CD-2002-02
Dean Iorfida
City Clerk
BACKGROUND:
On January 14, 2002, City Council passed a motion directing Staff to "report on the recommendation
that the municipality wishes to proceed with a reduced number of Aldermen". The statutory
requirements to reduce the number of Aldermen are outlined in the Municipal Act.
The municipality has the authority to change the number of members by virtue of s.29(3) of the
MunicipalAct. Members may be elected by general vote, by ward or by a combination of the two.
The Mayor has to be elected by general vote or "at large".
Before the Council can pass a by-law changing its size, public notice of its intention must be given
and at least one public meeting to consider the matter must be held.
The pertinent section of the Municipal Act is attached for information purposes.
Recommended by:c
City Clerk
R~e~ully submitted:
Edward P. Lustig '~
Chief Administrative Officer
Tony Ravenda
Executive Director of Corporate Services
:di }Forking Together to Serve Our Community
Clerk's · Finance Human Resoumes · Information Systems Legal Planning & Development
COUNCILS OF LOCAL MUNICIPALITIES
[1996, c. 32, s. 5, part] - ss. 29 to 34
Composition and size of council -- s. 29(1)
29. (1) The council of a local municipality shall be composed of a head of council and at
least four other elected members.
Board of control - s. 29(2)
(2) In the case ora city with a board of control, the members of the board are also
members of council by virtue of their office.
By-law changing number of members - s. 29(3)
(3) Subject to subsection (1), the council may pass a by-law changing the number of its
elected members.
Representation on other councils - s. 29(4)
(4) A by-law passed under subsection (3) shall not affect the municipality's representation
on a county council, a regional, district or metropolitan council or the council of the
County of Oxford.
Election of head of council -- s. 29(5)
(5) The head of council shall be elected by general vote.
Other elected members - s. 29(6)
(6) The elected members, other than the head of council, may be elected by general vote,
by ward or by a combination of the two, in accordance with a by-law passed by council.
Public notice and meeting - s. 29(7)
(7) Before passing a by-law under subsection (3) or (6), the council shall give notice of its
intention to pass the by-law and hold at least one public meeting to consider the matter.
By-law re rifles -- s. 29(8)
(8) The council may pass a by-law adopting the following titles for its elected members:
Head of council: "mayor" in English and "maire" in French
Other elected members: "councillor" in English and "conseiller" in French
Same -- s. 29(9)
(9) The council may pass a by-law providing for different titles than those shown in
subsection (8)/
Conflict - s. 29(10)
(10) If there is a conflict between this section and any provision dealing with the size and
composition of the council, the manner of election or the titles of members of council that
is contained in a public or private Act, this section prevails.
Effective date -- s. 29(11)
(1 I) A by-law that is passed under this section after January 1 in the year of a regular
election under the Municipal Elections Act, 1996 does not come into force until after the
next regular election under that Act.
Transition, 1997 regular election -- s. 29(12)
(12) Despite subsection (11 ), a by-law passed under this section on or before March 31,
1997 comes into force for the 1997 regular election.
Continuation of existing composition, rifles etc. - s. 29(13)
(13) Until a council passes a by-law under this section after the coming into force of
section 5 of the Better Local Government Act, 1996, its size and composition, the titles of
its elected members and the manner of their election remain the same as they are on the
day before that section comes into force.
1996, c. 32, s. 5, pan.
Niagara Falls
I -
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on.ca
January 28, 2002
R.O. Kallio
City Solicitor
L-2002-08
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members;
L-2002-08, Niagara Resorts Inv.
Lease Agreement with the City
5591 Victoria Avenue
Our File No.: 1997-114
RECOMMENDATION:
That Council authorize an agreement with Niagara Resorts Inc. to permit the use of part of Victoria
Avenue road allowance for the purpose of improving the driveway entrance and reception area in
conjunction with the Hampton Inn and the Mayor and Clerk be authorized to execute the said
agreement.
BACKGROUND:
In 1987 The Regional Municipality of Niagara entered into a lease agreement with Colonial Motor
Inn Limited to permit the use of part of Victoria Avenue road allowance for the purpose of
improving the driveway entrance and reception area of the Hampton Inn located on Victoria Avenue.
Working Together to Serve Our CommuniO~
Clerk's Finance Human Resources Information Systems Legal Planning & Development
L-2002-08 - 2 - January 28, 2002
Since that time the Region transferred any imerest it may have in the lease agreement to the City and
the agreement has expired. A new agreement, in the form of a licence rather than a lease has been
executed by Niagara Resorts Inc.. The licence is for a term of five years commencing February 1,
2002 with the provision that either party may terminate the licence agreement before the end of the
term of the licence upon thirty days notice, in writing, to the other party. The licence fee has
increased from the 1998 licence fee of $1,300.00 to $1,500.00 annually.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
Recommended
City Solicitor.
Respectfully Submitted:
Edward
Chief Administrative Officer.
Corporate Services Department
Niogclro Foils
Legal Services
4310 Queen Street
P,O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)374-7500
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2002-09
January28,2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-09, Establishment Of Public Highways
Part 2 on 59R-11581 to be known as Kalar Road
Parts 1 and 3 on 59R-11323 to be known as Drummond Road
Our File No.: 2001-301, 2001-45
RECOMMENDATION:
1. That a road widening, being Part 2 on Reference Plan No. 59R-11581, be established as a
public highway, to be known as Kalar Road.
2. That a road widening, being Parts 1 and 3 on Reference Plan No. 59R- 11323, be established
as a public highway, to be known as Drummond Road.
BACKGROUND:
Part 2 on Reference Plan No. 59R-11581, located on the east side of Kalar Road, was
conveyed to the City for road widening purposes as a condition of Committee of Adjustment
approval. The subject land is shown hatched on the plan attached. Staff recommends the subject
road widening be established as a public highway to form part of Kalar Road.
Working Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems Legal Planning & Development
L-2002-09 - 2 - January 28, 2002
Parts 1 and 3 on Reference Plan No. 59R-11323, located on the west side of Drummond
Road was conveyed to the City for road widening purposes as a condition of Land Division
Committee approval. The subject land is shown hatched on the plan attached. Staff recommends
the subject road widening be established as a public highway to form pair of Drummond Road.
S.M. Daniels, A.M.C.T.
Legal Assistant/Propen'y Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
Recommended by:
~ R.O. Kallio,
// City Solicitor.
Respectfully Submitted:
Edward P. Lustig,
Chief Administrative Officer.
(ROAO ALLOWANCE B['IwE£N TOWNSHIP LOTS 66 & 87)
Kalar .. ~:~:Road
I ~BLOCK 20. pLAN 59M-273
SCHEDULE
PART AREA I LOCATION [ P.I.N.
1 684 sq.ft.
2 6154 sq. ft PART OF ALL OF
3 1546 sq.ft. STAMFORD TOV~SHIP LOT 78 PiN 64507-0255(L~
4 3975 sq. ft.
Drummond
PIN 64323 - 0001
~ ~ PIN 64307 - 0255(LT)
/ PA~ ~
N~26065(B) J IN~ No. 175462
TOWNSHIP j~ LOT
47.25' ~ae
LOT 7J LOT 74 LOT 75 LOT 78
PIN 64307 - 0246 PIN 64307 - 0247 PIN 64307 - 0248 I PiN 64507 - 0252
RE~ISTEt~ED I PLAN I No.
0258
g
0
The City of Niagara Falls, Ontario
Council chambers
No. January 28, 2002
Moved by Alderman
Seconded by Alderman
BE IT RESOLVED THAT The Council of the Corporation of the City
of Niagara Falls declare surplus that part of the former CNR right-of-way, located at the rear
of 8646 Champlain Drive and to convey the said land to Dominic Paulo to fulfill the obligation
of The Corporation of the Village of Chippawa.
AND the Seal of the Corporation be hereto affixed.
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR