2002/02/11REGULAR COUNCIL
MEETING
Monday, February 11, 2002
Order of Business
and Agenda Package
REGULAR MEETING
February I I, 2002
PRAYER: Alderman AH Federow
ADOPTION OF MINUTES: Regular Meeting of February 4, 2002.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made forthe
current Council Meeting at this time.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
DEPUTATIONS
Hydro Memorial
Mr. Rob Nicholson wishes to address Council to promote the fundraising efforts of
his Committee for a proposed Hydro Memorial along the Haulage Road Trail.
Greater Nia(;ara Transit Commission
Mr. Terry Librock, GeneraI Manager, Niagara Transitwill present the Annual 2001
Financial Statements forthe Greater Niagara Transit Commission and Niagara Chair-A-Van.
-2-
COMMUNICATIONS
f. The Niagara Falls Fire Department Combat Team - Re: Firefighter Combat
Challenge being hosted on June 22, 2002 at the Niagara Falls Memorial Arena -
advising that all proceeds from the event will be going to local cha#ties and
requesting that the Arena fees be waived for this competition
RECOMMENDATION: For the consideration of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
COMMUNITY SERVICES MATTERS
1. Chief Administrative Officer
CORPORATE SERVICES MA TTERS
1. Chief Administrative Officer
2. Chief Administrative OfFicer
MW-2002-20, Municipal Parking Tag Computer
Access Agreement, Ministry of Transportation.
F-2002-14, Statement of Remuneration and
Expenses for Members of Council, Committee of
Adjustment, and Recreation Commission.
F-2002-15, Municipal Accounts.
PLANNING MATTERS
1. Chief Administrative Officer
2. Chief Administrative Officer
PD-2002-17, Jolley Cut Planning Design Study.
PD-2002-18, Ritz Motel Limited; Partial Release
of Site Plan Agreement; 6700 Fallsview
Boulevard; SPC-33/99.
-3-
MISCELLANEOUS MA TTERS
1. Chief Administrative Officer CD-2002-06, Municipal Licensing.
2. Chief Administrative Officer CD-2002-07, Bingo Lottery Totals for 2001.
Chief Administrative Officer
L-2002-13, To Autho#ze the Transfer to Abutting
Owners, for Nominal Consideration of Part of a
Laneway Running from Buttrey Street to
Ferguson Street, between Dyson Avenue and
Muir A venue.
Chief Administrative Officer
L-2002-14, Authorization to Proceed with the
Closing of part of a Laneway to the Rear of 5061
to 5077 Centre Street.
RA TIFICA TION OF COMMITTEE. OF-THE-WHOLE MA TTER~
The City Clark will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
BY-LAWS
2002-36
To amend By-law No. 2000-268, a by-law to regulate the supply of water and
to provide for the maintenance and management of the waterworks and for
the imposition and collection of water rates.
2002-37 To authorize monies for General Purposes (Re: February 11, 2002)
2002-38
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 11th day of February, 2002.
NEW BUSINESS
Niagara/ Transit
4320 Bridge St., Niagara Falls, Ontario, L2E 2R7
Office 905-356-1179 Garage 905-358-9749 Fax 905-356-7746
Emall niatrans~iaw.com Webslte www.iaw.com/~niatrans
January 21, 2002
Mayor and Members of Counci/
City of Niagara Fa/is, Canada
4310 Queen Street
Niagara Fa#s, Ontario
L2E 6 V5
Dear Council Members:
On behalf of mj/ fei/ow Commissioners, I am p/eased to enc/ose
the 'Statement of Affairs' for the Greater Niagara Transit Commission for the
year ending December 31, 2001.
1. REGULAR TRANSIT
During the twelve-month period ending December $1, 2001,
Niagara Transit buses traveled in excess of one mi/i/on k//ometres and
carried 1.1 mi/i/on passengers. This represents approximately a 1% increase
in overall r/dership over 2000. The 8roc/~ Rap/d, in/ts n/nth j/ear of operation,
continues to provide transportation for both 8rock and Niagara College
students. The service is a/so used bj/ city res/dents for access to We//and, St.
Catharines and Thoro/d, through connections w/th the other munic/pa/ transit
services converging at 8rock Un/vers/tj/.
in the coming year, Commission and staff wi// continue to
exam/ne waJ/s to improve public transit services for city residents and w/ii
continue to offer reduced rate transportation to persons on /ow income,
unemp/oyed and we/fare recipients /dentifTed and approved by senior
government agencies.
£. FALLS SHUTTLE
Again this year (May to November), the Fa/is Shuttle transported
visitors between various accommodations on Lundy's Lane, in the Fa//sv/ew,
Ch/ppawa and River Road areas, the bus terminal and train station; to
attractions such as the Casino, Queen Victoria Park and Mar/ne/and. We
offer visitors to our city a transportation bargain that a/lows children 12 and
under to r/de free of charge when accompanied by an adult using an 'Ail Day'
pass. in 200~, despite the loss of business due to the tragic events of
September 11t~, we carried 269,~10 passengers, a 1% increase over 2000.
As in past years, we continue to foster a relationship with
accommodations, attractions and organizations throughout the city, w/th the
sole purpose of making tourist visitations more enjoyable.
3. CAS/NO ASSOCIATE SHUTTLE
in ~996, Niagara Transit was awarded a contract to transport
Casino employees between the Cas/no and the Associate Centre located on
Montrose Road. This service, which is a twenty-four hour operation, carried
approximately one m/i/ion associates in 200~. We traveled approximately one
m/ilion k//ometres and created employment for eighteen operators.
Niagara Transit has built and maintained an excellent working
relationship with Cas/no Niagara, and ail profits from this operation help
reduce our overall operating deficit.
4. INTER-C/TY BUS TERMINAL
The inter-city bus terminal at Bridge Street and Erie Avenue
continues to be a successful bus/ness venture for the Commission. it acts as
a hub for visitors travelling to our city, and we continue to take pr/de in
knowing the terminal is still regarded throughout the industry as a mode/for
other municipalities, even after fourteen years of operation. We experienced
an increase in activity by Inter-city carriers, which enhanced the profitability
of the downtown transportation terminal.
5. GARAGE SERVICES
As in past years, revenue generated from servicing out-of-town
buses and inter-city carriers at our garage facility continues to provide
additional income for Niagara Transit, reducing our deficit. / am p/eased to
inform Council, sa/es of services in the garage increased by 4% over 2000,
despite the loss of bus/ness due to the tragic events of September ~ fh. I
attribute the success of the garage operation to aggressive marketing of our
services to vis/ting tour bus operators by both the Commission and staff, in
add/t/on, we have actively sought to secure service contracts w/th locally
based tour operators as we// as inter-city bus companies operating
throughout the municipality.
in light of the forgoing, / hope Council agrees the Commission
should continue to pursue/ts commitment to marketing the servicing port/on
of our operation, particularly as revenues help reduce our overall operating
deficit.
6. SUMMARY
As outlined in the attached Financial Statements, the net cost to
the City for combined Operating/Capita/expenditures for 200~ is under the
approved budget by approximately $41,000 (Operating $4,300, Capital
$36,7oo).
in order to put our operation in perspective, Niagara Trans/t's
net operating cost for 2000 (the last year for which comparable stat/st/cs are
available) was $~2.77 per cap/ts compared to the provincial average of
$32.23. As you can see, the cost of prov/d/ng public transportation in Niagara
Fails continues to be substantially lower than the provincial average. / assure
Council that the Commission and staff, w/ii endeavour to promote ail of our
services to reduce the cost of prov/d/ng transportation to the taxpayers.
I trust the foregoing meets w/th Councils' approval.
Yours truly,
NIAGARAIRANS/T
W. Mares
Chairman
WM/jrb
End.
NIAGARA CHAIR-AoVAN
5734 Glenholme Avenue
Niagara Falls, Ontario
L2G 4Y3
'Tel. 357-0122
January 21, 2002
Mayor and Members of Council
City of Niagara Falls, Canada
4310 Queen Street
Niagara Falls, Ontario
L2E 6V5
Dear Council Members:
On behalf of my fellow Management Board members, I am
p/eased to enclose the 'Statement oF Affa/rs' for Niagara Chair-A-Van for the
year ending December 31, 2001.
The Management Board consisted oF Mr. V/nce Aud/bert and Mr.
Ross Durdan of St. John Ambulance/Mrs. Anita MacKenzie and Mr. Murray
Cu/p representing disabled riders/ and Mr. Tony D/ Giacomo, Mr. Terry
L/brock, Mrs. Janet Berry and myself of Niagara Transit. The sta~ St. John
Ambulance personnel are: Mr. Allan £evesque and Mr. Shane McConnery full-
t/me van operators, Mr. Mark D'Anna part-t/me, and Ms. Christ/ne Hauser, Mr.
Jim S/lis, Mr. 8#/Andrews, Mrs. Donna Andrews, Mr. Gord McRae, Ms. JoAnn
Young as casual operators, with Mrs. Jack/e Zufe/t as dispatcher. The staff
continues, as in the past, to do a most commendable job.
Chair-A-Van's regular hours of service are From 8:00 a.m. to 7'30
p.m. Monday to Friday, 9:00 a.m. to 5;00 p.m. on Saturday and 9:00 a.m. to
3:00p. m. Sunday. In 2001, we carried 14,167passengers, an 8% increase/n
ridership From 2000.
Niagara Chair-A.Van's total operating cost for 2001 was
$197, 467, some $1, 233 under the approved budget.
in order to put our operation in perspective, Chair-A-Van net
operating cost for 2000 (the last year for which comparable statistics are
ava#ab/e) was $2.32 per capita compared to the provincial average of $6. 18.
As you can see, the cost of providing transportation for the physically
challenged Niagara Fa/is continues to be substantially lower than the
provincial average.
Final/y, the members of the 8oard appreciate Council's
contribution towards this most worthwhile service.
Yours truly,
NIAGARA TRANSIT
W. Mares
Chairman
WM/jrb
Enc/.
January 30, 2002
Mayor Wayne Thomson & Mea~be~
of Cily Council
Dear Mayor Thomson:
The Niagara Falls Fire Dep~xt Combat Team will be b~ging the Firefighta' Combat
Challenge to 1,~agara Falls on ]uno 22, 2002. The Firefight~ Challenge shawcasez the rigors of
the fire service and is an excellent ~,o~otional tool ~r both the Fire Depnmnem and tho City of
Niagara Falls. Th/s will be a Na~/onal qua]ifiar and will play host to ~lrtOXimately 200
Firefighters from across Ontario and the U.S. All~ from this event WIll be going to
various local charkies including H~ Niagnn~
The Combat Team requeat the Arena Fees be waived at the Niagara ]?dis Me;norial
Arena for this competition. The basic l~quirements necessa~ for hosing the challnn~ are:
1. Competition Ar~a - level 10(Y X 200' square, black~top in good condition.
Aece~; to course, for set-tip, 3-4~ay; prior to event.
3. ~s to pewet supply - 3 X 15 amp. And 1X 20 amp.
4. Access to toilets -wi]i anange for portables on alto.
Are~ut floor for Dance.
We would also like to nm in conjunction with the eve~ a Concession ~rea with a beer
tent in the Pafldng Lot and a Licenced s~ea for Friday and Saturday in the Niagara Falls
am umure of how th/s works with City propeWy in reganl~ to permit; and insurance, but I do
have a Special Even/~ Permit appilcntion/fl nm required to submit one for
! have met with Buddy Lowe, Supt of Recrealian Facilities, to diacu~$ the hosting of thls
competition and all tho requiremeats needed to put this great event together at the A~
Once agai~ all proceeds will be going to local charities. Thanking you in advance for
your continued support.
Mic~l A. Hall~
~uf'N~ fl` f~'~ ~0~ ,]
The City of
Niagara Falls
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks~city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2002-20
File G-180-14
February ll,2002
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RE: MVV-2002-20
Municipal Parking Tag Computer Access
Agreement, Ministry of Transportation
RECOMMENDATION:
That the revised Author/zed Requester Agreement with the Ministry of Transportation be
approved and further that the Mayor and Clerk be authorized to execute the said
agreement.
BACKGROUND:
In November of 1998, the City entered into an agreement with the Province regarding the use of
the Provincial Computer for parking tickets. Since July 1, 1998, The Ministry of Transportation
(M.T.O.) has charged $9.00 (upon conviction) to access the computer database containing
residential address information pertaining to the registered holders of motor vehicle licence
plates. The City was reimbursed 25 cents for each request to the M.T.O. for administration costs.
The Authorized Requester Agreement will confirm the increase in fees that City receives for
administration, from 25 cents to 75 cents per request. This is retroactive to July 1, 1998, and the
City has been reimbursed for the difference and has been collecting the appropriate fees since
1999. The revised agreement is to be forwarded by the Ministry of Transportation.
Council's concurrence with the recommendation outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.
Manager of Traffic & Parking Services
spectfully Submitted by:
onald
V Chief Administrative Officer
Approved/l?y:
Ed Duj o 'c, P. Eng.
Director of Municipal Works
S:\TRAFFIC~tEPORTS~2002~2002 Council~vlW-2002-20.wpd
Niagara Fails
Corporate Services Department
Finance
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
Web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-2016
kbu rden@city.niagarafalls.on.ca
F-2002-14
Kenneth E. Burden
Director of Finance
Februmy 11, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2002-14 - Statement of Remuneration and Expenses
for Members of Council, Committee of Adjustment,
and Recreation Commission
RECOMMENDATION
For the information of City Council.
BACKGROUND
The attached statement of remuneration and expenses for the year ending December 31, 2001 has
been prepared pursuant to sections 242, 243, and 247 of the Municipal Act (RSO, 1990 Chapter
M45).
A detailed breakdown of remuneration and expenses for each member of City Council, Committee
of Adjustment, and Recreation Commission is listed in the attached statements. A summary of
remuneration and expenses for 2001 is provided below:
SUMMARY
Remuneration
Travel /
Contingency
Conferences
council
Committee of Adjustment
Recreation Commission
$253,341.14 $12,084.00 $16,478.95
3,560.00 1,237.14
433.44
February 11, 2002 - 2 - F-2002-'14
K.E. Burden
Director of Finance
Respectfully submitted:
hn MacDonald
;hief Administrative Officer
Approved by:.
T. Ravenda
Executive Director of Corporate Services
February 11, 2002 . - 3 - F-2002-14
200'1 STATEMENT OF REMUNERATION AND EXPENSES
NIAGARA FALLS CITY COUNCIL
Remuneration
Travel/
Contingency
Conferences
Campbell, W.
Craitor, K.
Federow, A.
Feren, K.
Fisher, S.
Hendershot, G.
Ioannoni, C.
Orr, J.
Pietrangelo, V.
Puttick, N.
Thomson, W.
Volpatti, S.
Wing, J.
$16,075.08
16,075.08
16,075.08
16,075.08
16,075.08
16,075.08
16,075.08
16,075.08
16,075.08
16,075.08
60,440.18
16,075.08
16,075.08
12,084.00
$1,772.65
1,382.09
1,592.23
2,862.57
4,988.68
2,325.29
1,555.44
TOTAL $253,341.14 $12,084.00 $'16,478.95
February 11,2002 - 4 - F-2002-14
2001 STATEMENT OF REMUNERATION AND EXPENSES
COMMITTEE OF ADJUSTMENT
Remuneration
Conferences
Chair
Volpatti, S.
Members
Antonio, C.
CollJnson, J.
Feren, K.
Hiebert, J.
Pietrangelo, V.
Prata, G.
Puttick, N.
Thomson, W.
$760.00
820.00
1,040.00
940.00
$648.57
588.57
TOTAL $3,560.00 $1,237.14
February ll, 2002 - 5 - F-2002-14
2001 STATEMENT OF REMUNERATION AND EXPENSES
RECREATION COMMISSION
Conferences
Stranges, L.
$433.44
TOTAL $433.44
Niagara Falls
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafails.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2016
E-maiD: kburden@city.niagarafalls.on.ca
F-2002-t $
Kenneth E. Burden
Director of Finance
Febmaryll, 2002
His Worship Mayor Wayne Thomson
· and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2002-15 - Municipal Accounts
RECOMMENDATION:
That the City Council approve the municipal accounts totalling $1,206,931.37 for the period ending
February 11, 2002.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment
is listed on tonight's Council agenda.
Recommended by:
K.E. Burden
Director of Finance
Respectfully submitted:
hn MacDonald
;hief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
KEB :j d
Working Together to Serve Our Community
Clerk's Finance Human Resoumes · Information Systems Legal Planning & Development
Niagara FaLLs
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalis.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: pianning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2002-17
February 11, 2002
His Worship Mayor W. Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2002-17, Jolley Cut Planning & Design Study
RECOMMENDATION:
It is recommended that Council receive this report for information.
BACKGROUND:
As per Council's direction, staffhas prepared the Terms of Reference for a planning study of the
Jolley Cut and has secured funding commitments from the Niagara Parks Commission and private
property stakeholders in order to proceed. The Kirkland Partnership, the City's architectural peer
review consultant has been chosen by the parties to undertake the study because of the firm's
background, expertise and familiarity with the City's tourism planning program.
The attached Terms of Reference reflect the directions provided by Council to date with respect to
the proposed planning study. With Council's adoption of this [eport, the study can be initiated.
Recommended by:
~Doug Darbyson
irector of Planning & Development
Respectfully s ~ubmitte. d: ,t
(,.,/ J.,o, .hn~M. acDonald
Chief Administrative Officer
Approved~,~ 'bY:,
Tony Ravenda
Executive Director of Corporate Services
DD:tc
Attach.
FILE: S:kPDR~2002kPD2002-17.wpd
fVorking Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
CITY OF NIAGARA FALLS
JOLLEY CUT PLANNING & DESIGN STUDY
TERMS OF REFERENCE
INTRODUCTION:
On December 3, 2001, City Council adopted staffrepoa CS-2001-11 directing a planning study be
undertaken of the Jolley Cut and lands in the general area. The study would culminate in the
preparation ora plan that provides for long term access from Queen Victoria Park (QVP), up the
moraine and into the City while talking into account the development interests of land owners along
the top of the moraine and the concems of the general public.
The need for a detailed planning study for the Jolley Cut area was initiated by Council at the
suggestion of the Niagara Parks Commission in order to properly examine proposals to improve the
pedestrian trail system through private development interests or through the transfer of lands to the
NPC.
A sequence of events has led to the initiation of the Jolley Cut Planning & Design Study. At the
outset, Canadian Niagara Hotels (CNH) requested that the City sell the unopened portion of the
Robinson Street road allowance (Jolley Cut) from the easterly limit of the turnaround on Robinson
Street to the westerly limit of land owned by the Niagara Parks Commission. The request was made
in order to merge these lands with a 0.69 acre parcel owned by CNH immediately to the south. The
property to the south is currently zoned for a 27-storey hotel. CNH was of the opinion that the
merging of the lands would allow for a more satisfactory building layout which would be less
intrusive on the moraine and would provide better sight lines for the HOCO lands to the noah. As
part of the proposal, CNH and HOCO would improve the Jolley Cut access by relocating the upper
section onto HOCO lands, provide a stair tower and elevator and improve the pedestrian pathway
from bottom to top. The proponent would take full responsibility for the improvement, maintenance
and liability costs.
The proposed sale of the Jolley Cut generated significant public and private input, as indicated in the
numerous letters received. Concerns were expressed with respect to lack of conformity with the
City's & Region's Official Plans, public vs. private ownership, road closing procedures under
Section 88 of the Registry Act, the need for proper planning reports and approval processes and the
holding of public meetings to consider community input. In addition, various stakeholder groups
including HOCO, the Skylon Tower and the Niagara Parks Commission submitted detailed
comments and proposals to identify their specific interests. The protection of servicing easements
and sight lines, alternative pedestrian walkway alignments, unfettered public access and preservation
of the moraine environment were among several of the matters raised.
City Council has considered the Jolley Cut matter on three separate occasions. The following
motions were adopted on the dates indicated:
August 7, 2001
That Council authorize staffto initiate the public process to close the unopened portion of
the Robinson Street, and further,
That Council support, in principle, the proposal put forward by Canadian Niagara Hotels to
purchase the unopened portion of Robinson Street, known as the Jolley Cut. This action
would be subject to the proponent successfully complying with the conditions listed in report
CS-2001-08.
November 19, 2001
1. That the Jolley Cut matter be referred to the December 10, 2001 Public Meeting and that the
Niagara Parks Commission be invited to attend.
2. That, as part of the Planning report to be provided to the December 10, 2001 meeting, that
the matter be referred to the LACAC and Environmental Planning & Greening Committees
for their consideration.
December 3, 2001
Council accepts the Niagara Parks Commission Recommendation that the City and The
Niagara Parks Commission jointly undertake a Planning Review of the Jolley Cut that
includes public and stakeholder input at no cost to the City.
Council authorizes staff to work with Niagara Parks Commission staff to develop a Terms
of Reference for the Jolley Cut Planning review.
That Council reconsiders its decision to hold the Jolley Cut Public Meeting on December 10,
2001 to allow Canadian Niagara Hotels to complete its proposal and to allow the Niagara
Parks Commission and the City to undertake a planning review of the area.
STUDY COMPONENTS:
Based on the directions provided by Council to date a three-part study is anticipated. As the first
phase, the consultant will undertake a planning review of the Jolley Cut area having regard to City
and Regional Official Plan policies. This will establish a planning context for the consideration of
alternative development concepts. Phase 1 will focus primarily on the review of background
information in order to document base conditions and define planning & design parameters.
Phase 2 of the study will examine altemative design options for the development and improvement
of the Jolley Cut and adjacent land Uses. The consultant will include within his examination the
specific proposals submitted by CNH, the Skylon Tower, the Niagara Parks Commission, the
MBTW Group (Streetscape Master Plan) and other interest groups. Direct consultation with
development proponents and stakeholder groups will be an integral part of the Phase 2 work in order
to confirm their interests and general ambitions.
The consultant will prepare a report in the third phase of the study to summarize the options
available and to recommend a preferred design scheme. Elements of the design should be clearly
set out so that the responsibilities of key stakeholders will be known. These will include the design
and construction of the Jolley Cut and other pedestrian connections, easements and/or the transfer
of ownerships, the division of costs between participating parties, built form parameters and requisite
approvals and the coordination of adjacent developments. The report will be presented to Council
at a public meeting where all stakeholders and the general public will be invited to attend. A
presentation to the Niagara Parks Commission will also be made. Council's decision on the study
and its recommendations will conclude the project unless further work is authorized.
3
STUDY PROPOSAL AND WORK PROGRAMME:
The consultant will propose a study methodology and work programme to satisfy the objectives set
out in this terms of reference. The study components prescribed herein shall be used as a basic
framework for establishing a detailed work plan and time frame for the project. The following
matters will be included in the submission of a detailed study proposal.
· consultation programme - meetings, interviews, presentations, etc.
· deliverables - memorandum, reports, schematics, costings, etc.
· work programme, time frame and contingencies
· total upset limit, billing periods, per diems, disbursements, etc.
· identification of subconsultants and staff who will be working on the project
BUDGET:
An upset limit of $50,000 has been established for this study. We would suggest that the consultant
prepare a work programme targeted at $40,000 leaving a $10,000 contingency for refinements,
protracted scheduling or unanticipated work. The use of contingency funds will require the City's
approval.
FINAL REPORT:
The consultant will submit a draft report to participating stakeholders upon completion of the study.
Subject to refinements, one paper copy of the final report (8.5" x 11") will be submitted which is
capable of reproduction in quantity.
REFERENCE MATERIALS:
City of Niagara Falls Official Plan
Niagara Falls Tourist Area Development Strategy
City of Niagara Falls Tourist Development Application Guide
Regional Niagara Official Plan
Niagara Parks Commission Moraine Management Plan
City file - Community Services Jolley Cut
Pending LACAC and Environmental Planning & Greening Committee reports
City of Niagara Falls Streetscape Master Plan
1985 Delcan Report Conceptual Design for the Jolley Cut Pedestrian Way
S:\TOURISM~JolIyCut\TERMSOFREF.wpd
Niagara Foils
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: pfanning@city.niagarafalls.on.ca
Doug Darbyson
Director
PD-2002-18
February 11, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-18, Ritz Motel Limited
Partial Release of Site Plan Agreement
6700 Fallsview Boulevard
SPC-33/99
RECOMMENDATION:
It is recommended that Council release Ritz Motel Limited, its successors and assigns, from
three site plan agreements dated January 14, 1997, July 22, 1998 and January 24, 2000 for the
property known as 6700 Fallsview Boulevard and designated as Part 1 on Reference Plan 59R-
11398.
BACKGROUND:
This matter is a housekeeping item affecting 3 site plan agreements between the City and Ritz Motel
Limited involving the Marriott Hotel (Phases 1 and 2) and Embassy Suites Hotel. The 3 site plans
are dated January 14, 1997, July 22, 1998 and January 24, 2000, as further referenced in the letter
dated January 15, 2002 from Broderick & Partners (attached). The site plans followed legal
descriptions and occupancy as existed at the time.
In June 2001, a consent (File: B23/2001/NF) to sever the Marriott and Embassy hotel lands into
Parcels 1 and 2 as shown on the attached Schedule 1 was finalized.
On November 20, 2001, Ritz Motel Ltd. entered into a site plan agreement with the City to permit
the construction of the Embassy Suites Hotel on Parcel 1 shown on the attached Schedule. On
February 4, 2002, Council endorsed design changes to this hotel and an amending site plan
agreement is currently being processed to incorporate these changes.
The earlier site plan agreements are now redundant as they affect Parcel 1.
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal Planning & Development
February 11, 2002 - 2 - PD-2002-18
CONCLUSION:
As the agreement, dated November 20, 2000, regulates the development of the Embassy Suites Hotel
on Parcel 1 and because Parcels 1 and 2 are now separate properties, it is not necessary that the three
previous agreements referenced apply to Parcel 1. These three agreements would still regulate the
Marriott Hotel on Parcel 2 and an associated property on Dann Street.
Staff recommends the referenced agreements be terminated and removed from the title of the
property identified as Parcel 1, at no cost to the City.
Prepared by:
Andrew Bryce
Planner 2
~ect fully submitted:
~'/ ~°h~ef~ag?l~sa~rdative Offic;r
Recommended by:
~tI~oug Darbyson
Director of Planning & Development
Approved by:
Executive Director of Corporate Services
Attach.
FILE: S:kPDRk2002~PD2002-18.wpd
LEGAL DEPT.
46~5 ONTARIO AVENIIE
]'orr 01q~ICE BOX 8~7
CANADA LZE 6V6
J.J. BILODERICK, *
O..C.. L.~JIL
W.K iMAMO
J.B. HOI~flNS
IlL GK, BERTI t'
R. B. mlltNS
D~. iIMUlq~LLI
(1945-19~7)
January 15, 2002
The Corporation of the City of Niagara Falls
Legal Department
P.O. Box 1023
4310 Queen Street
Niagara Falls, Ontario
L2E
JAN 17 2~02
ac~,o. I I
~{scuss I I
iNFO · /
Attention:
Susan M. Daniels, A.M.C.T.(A)
Legal AssistantlPm~ert¥ Mana.cler
Dear Madam:
Re:
Niagara Falls Marriott Fallsview Hotel
Site Plan Amendments
This shall confirm our meeting with yourself, Mr. Barnsley and Mr. Bryce of
earlier today wherein we requested that you release the following Agreements:
Instrument Number 722608 registered March 26, 1997,
Instrument Number LT:127030 registered September 2, 1998 and
Instrument Number LT-158Z72 registered May 31, 2000
from the lands described as Parcel 1-3, Section 59-1 (Embassy Suites Lands).
Kindly please do not hesitate to contact the undersigned if we can be of any
assistance.
We thank you for your attention herein.
Yours very truly,
BROD ~ICK & PARTNERS
I~G:ar
SCHEDULE 1
Parcel 1
Parcel 2 I
Location Map
Ritz Motel Limited
6734-40 Fallsview Boulevard
Parcel 1 -Part 1, Plan 59R-11398
Parcel 2 - Parts 2,3,7,8 & 9, Plan 59R-11398
City of Niagara Falls
SPC-33/1999
1 :NTS
Niogoro Foils
I -
Corporate Services Department
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: diodida@city.niagarafalls.on.ca
CD-2002-06
Dean Iorfida
City Clerk
February 11, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2002-06 -
Municinal Licensiw,
RECOMMENDATION:
That Council receive the information pertaining to licensing of delivery services.
That Council support the Clerk's review of the Licensing By-Law 2001-31 in light of the new
Municipal Act, which will come into force on January 1, 2003.
That the Clerk bring back to Council any changes to the Licensing By-Law 2001-31 that are
necessary as per the new MunicipalAct.
BACKGROUND:
At the January 28th Council Meeting, Alderman Ioannoni requested clarification on the licensing of
delivery businesses.
THE MUNICIPAL A CT:
Section 257.2 (1) of the MunicipaIAct provides the council of the municipality with the authority
to pass by-laws for the licensing, regulating and governing of any business carried on within the
municipality.
The municipality can pass a by-law to delegate the licensing of certain businesses to the Police
Services Board. In the Niagara Region, the Police Services Board has overseen the licensing and
regulating of cabs and tow trucks.
..2
}Forking Together to Serve Our Community
Cled~'s Finance · Human Resources Information Systems Legal Planning & Development
- 2 - CD-2002-06
The Municipal Act Regulations do set out some exceptions to the municipality's licensing powers.
As the section quoted below indicates, the municipality does not have the authority to licence courier
businesses:
4. A local municipality does not have the power under Part XVII.1 or section 232 of the Act
to license, regulate or govern,
(a) a courier business wherein parcels and documents are conveyed in vehicles used for hire
(other than buses and cabs); or
(b) the owners or drivers of vehicles used for hire in a courier business (other than buses and
cabs) for the conveyance of parcels and documents.
Judging by the above information it would seem that delivery services are analogous to courier
services and, therefore, exempt from Municipal licensing.
THE NEW MUNICIPAL A CT:
The new MunicipalAct will come into force on January 1, 2003 (Note: some provisions in the new
Act are already in effect). There are new policies related to the Municipality' s licensing function that
are being contemplated to reduce duplication and provide greater emphasis on "accountability,
clarity and transparency".
Under the new Act, a trade or occupation that is self-regulated through provincial statute would be
exempt from municipal licensing. Ifa municipality proposes to licence a new class of business after
January 1, 2003, the municipality will have to specify the purpose of the licence under one of three
criteria: health and safety, nuisance control and consumer protection.
There are no proposed changes related to courier services, other than a minor housekeeping change
which moves the exemption from the Regulations to the Act; therefore, the municipality would not
have the authority to licence delivery services.
Recommended by:
City Clerk
dmeSpectfully subrqitted: ,
inistrative Officer
A~~oved by:
Tony Ravenda
Executive Director of Corporate Services
:di
Niagara Falls
Corporate Services Department
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: diorflda@city.niagarafalls.on.ca
CD-2002-07
Dean Iofflda
City Clerk
February 11, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2002-07-
Bingo Lottery Totals for 2001
RECOMMENDATION:
That this report be received for the information of Council.
BACKGROUND:
Listed below is a summary of the bingo lottery totals for 2001. The revenue is itemized and includes
all revenue generated at bingo events. This includes revenues generated from municipal bingo
licences and revenues generated from games licensed by the Alcohol and Gaming Commission that
are shared by the organizations licensed.
Municipal Bingo Event Revenues:
Gross Receipts
Gross Prizes
Expenses
Rent (incl. in exp.) $1,173,551.12
Gst (incl. inexp.) $ 82,250.87
Licence (incl. in exp.) $ 350,586.00
Staffing (incl. in exp.) $ 31,589.12
Honorarium (incl. in exp.) $ 18,883.49
Advertising (incl. in exp.) $ 29,120.00
Verifiers (incl. in exp.) $ 42,289.44
$14,173,150.22
$10,294,180.78
$ 2,157,585.05
Profit
$1,721,384.39
Working Together to Serve Our Community
Clerk's Finance Human Resources Informatie~.$ystems Legal Planning & Development
February 11, 2002 - 2 - CD-2002-07
Organizations Profits (including Provincial games shared by the organizations)
Municipal Bingo Profits
Super Jackpot
Superstar
Progressive
Administrative Expenses
$1,721,384.39
$ 644,653.07
$ 76,964.28
$ 226,595.74
$ (24,199.65)
Total Profits to licensed organizations for 2001
Total Profits to licensed organizations for 2000
Difference between 2001 and 2000
$2,645,397.83
$2,758,557.85
$ (111,925.00)
The decrease in 2001 is directly related to the incidents of September 11, 2001 in the United States.
The bingo halls were shut down for several days, then operated on a rotating basis. These closures,
combined with reduced attendance for a period of two weeks to one month correspond with the
decrease in revenue.
At the presem time, there are 86 charitable and non-profit organizations conducting bingo in the City
of Niagara Falls. One organization, the Royal Canadian Legion Branch 51 conducts bingo at its own
premises. The remaining organizations operate out of the two commercial halls in Niagara Falls,
Bingo Country and Delta Monte Carlo, both located on Drummond Rd.
Prepared by:
Angela Duerksen
Lottery Licensing Co-ordinator
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
City Clerk
Approved by:
Tony Ravenda
Executive Director of Corporate Services
:ad
Corporate Services Department
The City of ~l~ll~,
Niagara Falls
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905)371-2892
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2002-13
February 1 l, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-13, To Authorize the Transfer to Abutting Owners,
For Nominal Consideration, of Part of a Laneway Running
From Buttrey Street to Ferguson Street,
Between Dyson Avenue and Muir Avenue
RECOMMENDATION:
1. That Council declare surplus that portion of the closed laneway running from Buttrey Street
and Ferguson Street between Dyson Avenue and Muir Avenue that still remains in the name of the
City.
2. That Council authorize the transfer to abutting owners, for nominal consideration and at no
cost to the City, of the westerly half of a laneway shown on Plan No. 997 running between Buttrey
Street and Ferguson Street, located between Dyson Avenue and Muir Avenue.
BACKGROUND:
In 1957 Council passed By-law No. 5543 closing a 16' laneway and authorizing the sale of the
laneway to abutting owners at a price set by Council. The location of the lanewayis shown on a plan
attached. Part of the east half of the laneway was sold to the abutting owners for nominal
consideration, plus costs. The west half is still owned by the City.
Staff recommends the remainder of the laneway, closed by By-law No. 5543, also be offered to the
abutting owners for nominal consideration, plus costs. The public shall be considered to have been
Working Together to Serve Our Community
Clerk's Finance Human Resources Information Systems Legal · Planning & Development
L-2002-13 - 2 - February 11, 2002
notified of the proposed transfers by the listing of this report on the Council Agenda for this
evening's meeting. An appraisal of the laneway is not required pursuant to the City's
procedural bylaw for the Disposal of Surplus Lands.
Prepared by:
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Ravenda,
Executive Director of Corporate Services.
i~ by:
City Solicitor.
Respectfully Submitted: /
Jo]an MacDonald,
~hief Administrative Officer.
n~
o :0 :, ]' 0
I I
?
° ZS~HO LIE~/-/TON
Tho Corporation of the
/
To oleos and se,l], the westerly 8 feet of Dyson Avenue from Buttrey Street to Fer~uson St]
sad the 16 foot lane runn[n~ from Buttrey Sbreet to Fsr~uson Street and located between
Dyson Avenue and F~ir Avenue accord~n~ to ~an 32~ roistered for the To~n of Ga&ara F~J
~ERE~ ~o~n~al En~neer~n~ Lt~ted ~e ~titioned the ~cil ~f the
~ration of the City of ~agara g~e to ~ose the ~ster~ 8 feet ~f ~on A~e
f~m ~tt~y St~et to Fer~eon ~t~ he~ter descrl~d~ and to an~' ~d ~y the
~.~d f~ehold to the e~d
~ ~ ~nci~ ~e~ ~ted ~d ~ B. ~ ~titio~(
the ~oll to elo~ that ~ton of a 1~ ~ f~
~d looated ~d~y ~t~ ~eon Avers ~ ~r Ave~e~ ~imfter desexed ~d to
~d eo~ey the eo~ ~d f~ehold~e~of to the a~tt~M p~y
~ TIIIiRA~O~ ?t~ lf~lllOlP~L COdiCIL OF TIt8 CO~ATZON O~ ~E~ CIW OF HAO~IA FALL3 ENAC~
1, The westerly 8 feet of that portion of Dyeon Avenue lyOnS bergen Buttrey
3t~et ~ F~rgu~n ~t~et aceo~ to PI~ ~. 32 re~ste~d for the To~ (no~ the Cit~
east now o~d by the P~n~ ~e~ Lt-~ted Is he~y stupid ups
~hat the co~l sad freehold of the said Portion of ~on Avenue to be etoppe~
up~ be conveyed to the Petitioners Provincial En~neerln~ !.~m~ted~ the &dJointng o~ner at
snch a price as ~ay be f~d by the Council.
3, ' That all that ~ortlon of the lanson ~idth sho~n u~on said Flan
registered fey the T~ of ~agara F~s ~~ ~tt~y ~troe[ ~d Fe~son
a~ ~eated ~d~ay ~t~ D~on Avers and ~r Avenue is herb7 stupid up.
*~'-- ~at the soil ~d f~ehold of the said ~ion of the s~d l~e ~t~en ~o~
~'~e ~d I~r Avenue to ~ s~p~d up~ ~ conve~d to the Pett~mle~ the ~Jotnt~
.~re each to the oent~ of tbs s~d~e at ~ch a p~ce as ~ ~ f~d by the
"~ad a fl~t ~d ~eoond t~e t~s 15th day of Ju~
Eaacted and P~s~ed in Council this ]~th day of August
,,, ............ . ,e and eurr~ ~m, el ~;~::~:]~,. [~o, ?/+~ j:: '~ ~/
hued t.~ty.
Corporate Services Department
NiogQro FOIls lJ~l~
I -
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)371-2892
E-mail: rkallio@city,niagarafalls.on,ca
R.O. Kallio
City Solicitor
L-2002-'14
February 11, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-14, Authorization to Proceed with the Closing of
Part of a Laneway to the Rear of 5061 to 5077 Centre Street
RECOMMENDATION:
That Council authorize staff to proceed with the closing of part of a laneway on Plan No. 291 lying
to the rear of 5061 to 5077 Centre Street.
BACKGROUND:
The owner of the Golden Steer Restaurant, located at 5077 Centre Street, is requesting the City close
and convey to them the 10 foot laneway located at the rear of their property.
Although it has been the City's policy to close all rather than parts of any laneway, other portions
of this laneway have been closed in the past and conveyed to the abutting owners in exchange for
a five foot road widening along the frontage of their properties. Staff recommends the laneway be
closed at no cost to the City. The applicant will be required to pay for a reference plan to describe
that portion of the laneway to be closed. A report will be presented for Council's consideration,
regarding disposal of the laneway, following its closure.
S.M. Daniels, A.M.C.T.
Legal Assistant/Property Manager.
Approved by:
Tony Raven a,
Executive Director of Corporate Services.
City Solicitor.
by:
Respectfully Submitted:
John MacDonald,
v Chief Administrative Officer.
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Clerk's Finance · Human Resources Information Systems · Legal Planning & Development
~<,2,7,,o,WALNUT,,. ,.,~, ~,' STREET
PART AREA
$ 494 SO, FT.
2 572 SQ. FT.
3 382 SQ.
4. 242 SQ. FT.
NOTE: PARTS I, 2, 3 & 4 C(
I
LOT 118, PLAN 291
~-.__MOST N.'LY ANGLE J
LOT 88, PLAN 291 J LOT 89
LOT 88,
REG D IPLAN 291
/
/
CENTRE (.~ PL~) STREET