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2002/03/18PLANNING/COUNCIL MEETING Monday, March 18, 2002 Order of Business and Agenda Package BOOK #1 PLANNING MEETING March 18, 2002 PRAYER: Alderman Judy Orr DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. ITEM NO. 05 PLANNING MATTERS Public Meeting Recommendation Report; Graham Street Extension Draft Plan of Subdivision; 26T-11-2002-01 Zoning By-law Amendment Application AM-01/2002; Owner: 1006057 Ontario Limited Background Material: Recommendation Report: PD-2002-25 - AND - Correspondence from Graham Seward ITEM NO. 06 Public Meeting Zoning By-law Amendment Application AM-02/2002, 5509 Ferry Street; 5839 Stanley Avenue and 5512 Spring Street Applicant: Kings Inn Motor Lodge (Niagara) Limited Agent: Victor Tarroy, Architect Proposed Addition to the Kings Inn Motel Background Material: Recommendation Report: PD-2002-27 ITEM NO. 07 -2- Public Meeting Brookfield Court Draft Plan of Subdivision File: 26T-11-2002-02 Owner: Cuviello Construction Limited (In Trust) (Agreement of Purchase and Sale) Background Material: Recommendation Report: PD-2002-26 - AND - Correspondence from Mrs. Joan M. London MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2002-23, Appeal to Zoning By-law Nos. 2002-022 and 2002-023, former Township of Willoughby and Crowland, Zoning Provisions for Testamentary Devise Parcels. Chief Administrative Officer PD-2002-24, Request for Approval of Consulting Services for the Sign By-law Review Study. Chief Administrative Officer PD-2002-28, Smarter Niagara Incentive Programmes. Chief Administrative Officer PD-2002-29, The Southeast Niagara Agricultural Study. ADOPTION OF MINUTES: REGULAR COUNCIL Regular Council Minutes of February 18, 2002. MAYO~$ REPORTS, ANNOUNCEMENTS, REMARKS -3- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Regional Municipality of Niagara, Police Services Board - Re: Taxi Licencing, Bill 159 - requesting that Council support Bill 159, subject to an amendment that would ensure the new legislation addresses issues dealing with the unlicenced taxi industry in the Niagara region. RECOMMENDATION: That the request be supported. The Fresh Air Fund - Re: Proclamation - requesting that March 20, 2002 be proclaimed as "Fresh Air Fund Day in Niagara Falls". RECOMMENDATION: That the request be approved. The Gmat Atlantic & Pacific Company of Canada Limited - Re: Municipal Exemption - requesting a municipal exemption from the retail Business Holidays Act, allowing the A&P Food Store at 3770 Montrose Road to remain open on Statutory Holiday between the hours of 9:00 a.m and 6:00 p.m. except for Christmas Day, New Year's Day, Good Friday and Easter Sunday or a deemed acceptable under the Holiday Closing Provision of the Act. - AND - Correspondence from the City Clerk. RECOMMENDATION: For the consideration of Council. City of Kingston - Re: Allocation of Provincial gasoline taxes to municipalities - requesting that Council endorse a resolution requesting th® Ontario government undertake a full review of other provinCial revenue soumes, in consultation with municipalities to determine which of these revenue sources should be given in total or in part to municipalities in recognition of the added financial responsibilities municipalities now have as a result of downloading. RECOMMENDATION: For Council consideration. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTION-~ (Alderman Wayne Campbell, Chair) -4- COMMUNITY SERVICES MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 5. Chief Administrative Officer 6. Chief Administrative Officer 7. ChiefAdrninistrative Officer 8. Chair, Recreation Commission 9. Chief Administrative Officer 10. Chair, Environmental Planning and Greening Committee 11. Chief Administrative Officer MW-2002-10, Release of Registered Drain Lots 18, 19, 20, 21, 22 and 23, Plan 164. MW-2002-32, Beaverdams Road Traffic Operations Review and Environmental Assessment Studies Consultant Selection. MW-2002-33, Idling of Buses - "Spare the Air" Campaign. MW-2002-34, Front Street, Chippewa Parkway, Reilly Street, Temporary Closure. MW-2002-36, By-LawWording Changes, By-Law Nos. 89-2000 and 96-50. MW-2002-37, Tender, NP-01-2002, Supply of Bituminous Patching Materials and Asphalt Emulsions. MW;2002-38, Tender NP-02-2002for the Supply of Ready Mix Concrete. R-2002-12, Request for Financial Assistance and Review by the City's Recreation Commission. R-2002-13, For the Supply and Installation of Electrical Materials at the Kalar Road Community Sports Park 'Home for Girls Soccer" (Phase 1) R-2002-14, Actions stemmingfrOm the · · Environmental Planning & Greening Committee Meeting of February 20, 2002. FS-2002-02, Regional Hazardous Materials Response Team. -5- 12. Chief Administrative Officer FS-2002-03, Municipal By-Law 80-114, Designation of Required Fire Access Routes; Inclusion of Burnfield Lane Condominium, 3241 Montrose Road; Owner: Grey Forest Homes, Ltd. 13. Chief Administrative Officer FS-2002-04, Municipal By-law 80-114, Designation of Required Fire Access Routes Inclusion of Proposed Niagara South Condominium Corporation; 5200 Dorchester Road, (3rd Phase) Owner: Falls Masonry Ltd. 14. Chief Administrative Officer FS-2002-05, Municipal By-Law 80-114, Designation of Fire Access Routes Inclusion of Niagara South Condominium Corporation; 7001 Casey Street; Owner: Niagara South Condominium Corporation No. 42. 15. Chief Administrative Officer FS-2002-06, Municipal By-Law 80-114, Designation of Required Fire Access Routes Inclusion of Niagara South Condominium Corporation #57; 2684 Mewburn Road; Owner: Niagara South Condo Corp. #57. RATIFICATION OF THE PARKING & TRAFFIC COMMITTEE ACTIONR (Alderman Kim Craitor, Chair) MW-2002-25 ~ Chairperson, Municipal Parking & Traffic Committee - Municipal Parking & Traffic Committee Recommendations, February 19, 2002 Meeting. MISCELLANEOUS MATTER~ 1. Chief Administrative Officer 2. Chief Administrative Officer CD-2002-08, Special Occasion Permit. CD-2002-09, Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Consumers Gas. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTION~ -6- RESOLUTIONS That the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By-law Nos. 2002-022 and 2002-023. The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. BY-LAWS 2002-046 To amend By-law No. 79-200, as amended. (Re: AM-36/2001, 6023 Culp Street) 2002-047 To provide members of Council with an Aldermanic Community Expense Allowance. 2002-046 To amend By-law No. 80-114, as amended, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2002-049 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on CitY Roads (Parking Prohibited, Stop Signs). 20024)50 To amend By-Law No. 96-50, being a by-law to provide for establishing parking lots in the City of 'Niagara Falls. 2002-051 To amend By-law No. 89-2000, being a by-law regulating parking and traffic on City roads. 2002-052 To authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation. 2002-053 To authorize a Franchise Agreement between The Corporation of theCity of Niagara Falls and The Consumers' Gas Company Ltd. (Re: Report CD-2002- O9) 2002-054 To amend By-law No. 2001-01, being a by-law to provide for appointments to certain Boards, Commissions and Committees. 2002-055 2002-056 2002-057 -'7- A by-law to designate the property known as the Leeming House, 5781 Highland Avenue, within the City of Niagara Falls, to be of historic and architectural value and interest. To authorize monies for General Purposes' (March 18, 2002) To adopt, ratify and confirm the actions of City Council at its meeting held on the 18th day of March, 2002. NEW BUSINESS Corporate Servlc~ Department Planning & Oevelopmant The Cify of d~l~ld~ 4310 Queen Stme! Niagara Fall. IJ~ll[ P.O. aox ~023 ~~ ~'~: (~) 35~7521 (~) E~ail: Pi~nl~,n~ga~lls.on.~ Doug Darbyson Director PD-2002-25 March 18, 2002 His Worship Mayor W. Thomson and M~mb~s of the Municipal Council City of Niagara Fails, Ontario Members: P1)-2002-25, Recommendation RepoFt Graham Street Extension DFafft Plan of Subdivision 26T.11-2002-01 Zonfng By-law ~m~adment Application AM*01/2002 Owner:. 1006057 Ontario Limited RECOMMENDATION: It is recommended tl~t: l) the Graham Sheet Bxieusion Plan of Subdivision be draft approved subject to the condilions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3) draft approval be given for three years, al~er which approval will lapse unless an extension is r~quested by the developer and, subject to review, granted by Council; 4) the application to amend the Zoning By-law be approved to provide the necessary land use regttlatious to guide the development of the subdivision; and 5) Councildeclaresurplusandnthorizestafftoc~seandlzansferpo~ousofPafls6&9,59R. 11438 ~artofpropoaedLot2)tothedeveloper. AND THAT MR. S(VARD AND HRS. PAT TAYLOR BE I#CLUDED IN TH[ PROPOSAL: SZTE PLAN PROCESS. The applicant proposes to subdivide a 0.984 hectare (2.43 acre) site into 16 single-detached lot~. The property is between Montrose Road and Delta Drive, south of Lundy's Lane (see the attached location map). The roadway i~ an extension of~ Street in a cul-de-sac design. The proposed subdivision layout is shown on Schedule 2. The site is currently zoned Residential Single Family 1D Deusit~ (RID) through Zoning By-law 79-200, ns amended. The applicant has requested a zoning change to the Residential Single Family 1E Deusity (R1E) category to allow the development oftbe plan. ~orki~g Tog~lher ~o Serve Our Communt~ Clerk's · Finance · Human Resources · Information Systems * Leal * Plannino & Develomnent March 18, 2002 - 2 - PD-2002-25 BACKGROUND: The Planning Act requires that a Public Meeting be held to receive input on subdivision proposals prior to making a decision. Council held the Public Meeting for this plan on February 18, 2002. Members of the public spoke at the meeting regarding drainage, fencing and construction traffic and a letter of concern has been submitted. The required Public Meeting for the zoning amendment is satisfied through tonight's meeting and provides another oppommity for public comment. PLANNING REVIEW: Various matters were considered in assessing the proposed plan of subdivision and zoning amendment. Based on this analysis, approvalis recommended subject to conditions associatedwith urban development. The review of the applications is addressed under the following headings. Official Plan The City's Official Plan designates the property Residential which permits a variety of housing types. There are single-detached homes located north, east and west of the subject land. A townhouse development exists to the southeast on Delta Drive, with apartments and semi-detached dwellings to the south. The Official Plan promotes a compatible mix of housing types and lot sizes to provide a full range of housing opportunities. This proposed infill subdivision should be compatible with the established neighbourhood. Zoning Amendment The existing R1D zoning of the land requires a minimum lot area of 450 square metres (4,844 square feet) and minimum lot frontage of 15 metres (49.2 feet). The requested change to the R1E classification would permit minimum lot sizes of 370 square metres (3,983 square feet) in area and a minimum 12 metres (39.4 feet) in frontage. The majority of the proposed lots in the subdivision exceed these minimum requirements and the amendment is appropriate. Subdivision Design The plan consists of land that was formerly the rear yard areas of deep lots fronting on Montrose Road and also a portion of the original Graham Street road allowance. The land assembly process occurred over a number of years through severance applications. These severances were supported on the basis of the future comprehensive subdivision development of the area and a preliminary concept for a cul-de-sac design. The creation of additional lots on the roadway bulb is anticipated with the plan layout. The rear portion of the properties to the north (6304 & 6316 Montrose Road) when combined could form three or four single-detached lots with access to this internal street. Realignment of proposed Lots 8 - 11 would be required to achieve the maximum number of lots on the adjacent land, but the developer has demonstrated a possible arrangement for three large lots. The developer may wish to postpone construction of homes for the lots on the cul-de-sac bulb pending negotiations with the landowners to the north in order to fully realize the development potential of this adjacent land. March 18, 2002 - 3 - PD-2002-25 The property to the south (6398 Montrose Road) is a deep residential lot abutting the proposed roadway in the plan. The current subdivision does not preclude a furore lot in this location although a wide and shallow property would result and require a special dwelling design and likely variances to zoning requirements. Substantial changes to the subdivision would be necessary for the possible incorporation of the rear portion of this abutting land into the plan with a more traditional lot configuration. Such revisions would result in an immediate loss ofbuildable lots for the developer, but no overall increase in the total number of lots. The Official Plan includes a policy that internal streets terminating in a cul-de-sac shall not nomially extend beyond 150 metres (492 feet). The length of Graham Street fi:om Delta Drive to the bulb portion is approximately 170 metres (558 fee0. Longer roadways with a single access point raise emergency response concerns. However, there are existing constraints with infill development sites. In this case, the proposed roadway would only serve a limited number of residential dwellings. Emergency access issues should be adequately addressed through roadway pavement design, water supply system, hydrant locations and vehicle parking restrictions. Temporary construction access fi:om Montrose Road should minimize conflicts with residential traffic in the neighbourhood and control dust and mud. A condition is included for this access which would be over municipal property and the developer will have to provide sufficient security to the City. Stom~water within the subdivision will be contained on-site through the design of the drainage system. The City does not typically require privacy fencing as a condition of subdivision development - future individual property owners may construct their own fences. Cash-in-lieu of parkland dedication is requested since a neighbourhood park exists in the area. Original Graham Street Road Allowance In 1998, the City initiated the process to dispose of the original Graham Street road allowance located between Montrose Road and Delta Drive. The requirements of the Municipal Act for public notification were satisfied through the process. The road allowance was divided into parts to accommodate a preliminary street/lotting design prepared by staff. The majority of these parts were sold to the developer (1006057 Ontario Limited) in keeping with the subdivision concept for the area. The City retained land intended for the future street and a building lot on Montrose Road. The current subdivision road alignment and lot pattern do not match the land ownership boundaries. The developer is required to dedicate additional land to the municipality for the road allowance. Schedule 3 indicates the municipal land included in proposed Lot 2 (portions of Parts 6 & 9, Reference Plan 59R-11438). The City has no interest in this land nor would surrounding property owners. Including this land as part of Lot 2 is desirable for the proper development of the subdivision and to satisfy zoning provisions. A specific recommendation is included authorizing the City Solicitor to undertake the necessary steps to transfer the land to the developer. Regional Comments Standard conditions for servicing have been requested by the Regional Public Works Department to allow development of this subdivision. The roadway pavement on the cul-de-sac bulb must be designed to allow proper turning movement of waste collection trucks. The Regional Planning Department has reviewed the proposal with regard to the Regional Policy Plan and also Provincial policies. The infill subdivision provides single-detached lots with the potential for affordable housing and meets the "Smart Growth" objectives being promoted by the Region. March 18, 2002 - 4 - PD-2002-25 Agency Comments Canada Post has indicated that the lots will be served by a Community Mailbox adjacent to proposed Lot 16. In addition, the developer will be required to enter into separate agreements with several utility companies. CONCLUSION: The Graham Street Extension Draft Plan of Subdivision is an appropriate infill development of the site. The application complies with the policies of the Official Plan and should be compatible with the existing neighbourhood. The requested zoning by-law amendment will provide suitable regulations for the construction of the dwellings. The required conditions of approval are listed in the Appendix. Richard Wilson Planner 2 ~Respectfully submitted: . John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S 5PDR~2002~PD2002-25.wpd March 18, 2002 - 5 - PD-2002-25 APPENDIX Conditions for Draft Plan Approval Approval applies to the Graham Street Extension Draft Plan of Subdivision prepared by Matthews, Cameron, Heywood - Kerry T. Howe Surveying Ltd., dated January 11, 2002, showing 16 lots for single-detached dwellings. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. The developer submit a Solicitor's Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. The subdivision be designed and constructed in accordance with the City's Subdivision Policy which, in part, includes the following: a) construction of 8.0 metre wide pavement on the straight roadway section with a 12.9 metre wide pavement radius on the cul-de-sac bulb; b) dedication of the road allowance to the City as public highway and the street named to the City's satisfaction; c) provision of an appropriate daylighting triangle at the comer of Lot 16; d) provision of water distribution, sanitary sewer and storm sewer systems including a maj or and minor storm sewer design concept; e) provision of an overland stormwater flow route; f) connection of all weeping tile flow to the storm sewer via sump pumps; and g) application of the City's Lot Grading and Drainage Policy. The developer dedicate 0.3 metre (1 foot) reserves to the City along the north limit of the cul- de-sac bulb and the south boundary of the roadway between Lot 1 and the east limit of the plan to control access from abutting land. The developer provide a temporary construction access to the City's satisfaction from Montrose Road via municipally-owned land (part of the former Graham Street road allowance) to be maintained and utilized until the base asphalt and curbs are constructed for the subdivision. The developer design and construct the water supply system and pavement radius on the cul-de- sac bulb, and locate hydrants all to the satisfaction of Fire Services. The developer submit a legal undertaking to the Municipal Works Division - Parking & Traffic Services agreeing to restrict parking to one side of the proposed roadway in the plan, which will be implemented through municipal by-law after plan registration. The developer obtain ownership of the portions of Parts 6 & 9, Reference Plan 59R-11438 (shown as part of proposed Lot 2) for inclusion in the final plan of subdivision. March 18, 2002 - 6 - PD-2002-25 10. The developer pay the Development Charges in force at the time of execution of the Subdivision Agreement. 11. The developer grant the City and Public Utilities any easements required to service the subdivision. 12. The developer pay the City cash-in-lieu of 5% parkland dedication. 13. The developer provide boulevard trees in accordance with City policy. 14. The developer receive final approval from the City to the zoning by-law amendment to provide land use regulations to guide the development of the subdivision. 15. The developer provide three calculated plans prepared by an Ontario Land Surveyor and a letter to Planning & Development confirming that all lots comply with the Zoning By-law. 16. The developer provide six copies of the pre-registration plan to Planning & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 17. The design drawings for the water, sanitary sewer and storm sewer facilities for this plan be submitted to the Regional Public Works Department for review and approval. 18. The developer obtain Ministry of Environment Certificates of Approval to the satisfaction of the Regional Public Works Department for the necessary servicing for this development. 19. The turning radius design for the proposed street complywith the Region's policy for collection of waste (minimum 12.8 metre radius). 20. Immediately following notice of draft plan approval, the developer submit a letter to the Regional Planning Depariment acknowledging that draf~ approval is not a commitment of servicing allocation by the Region as this servicing allocation, if available, will be assigned at the time of final approval of the subdivision for registration. 21. Immediately following notice of draft plan approval, the developer provide the Regional Planning Department with a written undertaking that all offers and agreements of purchase and sale which may be negotiated prior to registration of this subdivision shall contain a clause clearly indicating that a servicing allocation for this subdivision will not be assigned until the plan is granted final approval for registration, and a similar clause be inserted in the subdivision agreement between the developer and the City. Clearance of Conditions Prior to granting approval to the final plan, Planning & Development requires written notice from applicable City departments and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Conditions 17, 18 and 19 Regional Niagara Planning and Development Department for Conditions 20 and 21 Proposed Plan of Subdivision & Zoning By-Law Amendment Application Graham Street Extension 26T-11-2002-01 & AM-01/2002 Location Subject Land 1 :NTS Feb. --~ ~ ~ ~ x ~ ~ ~ ...... ~-%~-~ _._._ .... ,~_, , / ~ ~,~ ~ 1---~ .............. --' ....... '~ ~ ~ ~ ~. ~ i :~ ~. ...... I.I -,~ ~, ~ Graham .... ~..~' 7~.~...jI I I~ ~ ~ I Plan 59~120 17.1§ J ' I 12.16 I' IIIII F 72.1'6 j 12.16 Graham 12.24 12.16 306~ sq.m. 2.24 I I I N 1'30'30"W Director of City Planning, 4310, Queen S~aeet, Niagara Falls, Ontalio, L2E 6X5 7522, Vivian Court, Niagara Falls, L2H 2J6 23 February2002 Scanned Ref: "Graham Street Extension" Draft Plan of Subdivision File 26T-11-200201 Dear Sir or As my ~_~ess shows I am very much interested in the development of the subdivision. My house backs on to the land proposed to be developed though I understand that the developer has not ye~ acquired the two back gardens immediately adjacent to the ~ I attended the council meeting on Monday, 1 $~ February 2002, listened to the comntents made and have the following comments myseff- 1 - I agree with what Mr. G/no Forte said about the accumulation of water on his property. This problem extends to the SW comer of my garden but forto._n_!fely my house is build higher than his is so my house itself has never been flooded. The original developer never put in the catch basin or drains as were planned for. I do not know what bonding arrangements subdivision developers must have in place but in my field of heavy civil engineering work we always require that contractors are bonded so that if they fall to complete their work money is available from the bonding company to complete outstanding items. Such an arrangement with the or/ginal Bambi developers would have avoided the drainage problem. 2 - Access for development of the new subdivision would be preferable f~om Montrose Road for the reasons given in the meeting, the children at the park and the interference with the neighbours beside Graham Sireet and along Delia. There is another reason that access from Montrose would be preferable, the asphalt along Della Drive is not in good condition which ever way you go from the Graham Street exit by our park~the extra heavy Uaffic from the subdivision development would certainly break i! up further. Montrose road has just been repaired and should withstand the heavier traffic. Any traffic from Delta must arrive at Montrose so I wish to suggest that it would be better to direct it there immediately. Yours truly, Graham Seward RECEIVED FEB 2 6 2002 VELOPMENT Corpo~t~ $.'vlas Department Planning & D~velopmant 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web ~te: Tel: (905) 356-7521 Fwc (905) 356-2354 E-mall: plannlng~dty.niags~;,~as.on.ca Doug Darbyson Director PD-2002-27 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: PD-2002-27, Zoning By-law Amendment Application AM-02/2002, SS09 Ferry Street, 5839 Sbmley Avenue and 5512 Spring Street Applicant: Kings Inn Motor Lodge (Niagara) Limited Agent: Victor Tarnoy, Architect Proposed Addition to the Kin~ Inn Motel RECOMMENDATION: It is recommend~ that: 1) Council approve the Zoning By-law amendment application to permit a proposed addition to the Kings Tnn Motel at 5509 Ferry 2) thc amending by-law site apecifically modify the definition of a hotel so as not to require meetin~ rooms or a public dining room; and 3) PROPOSAL: the applicant be required to conatmct tho streetscapo improvements along Ferry Street concurrent with otbe~ site works and to enter into a section 37 sDreement as part of thc site plan agreement for slreetscape improvements along Stanley Avenue to be constructed as part of the future road reconstruction. THAT INTERESTED RESIDENTS AND THE AGENT FOR THE NEIGHBOURING PROPERTY DE INCLUDED IN THE SITE PLAN PROCESS. Kings Inn Motor Lodge (Niagara) Limited has requested an amendment to the Zoning By-law for atl addition to tho Kings Inn Motel, located at 5509 Ferry Slrec~ (see Schedule 1). The addition, as shown on Schedule 2, will involve: · construction of a new 6-storey hotel building; conversion of the existing motel into a hotel by enclosing exterior corridors with a renovated front facade and connection to the proposadD-storey hotel building; and · construction of new parking areas on the Stanley Avenue and Spring S~reet lands. Working Togetker to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Lege/ · Planning & Development March 18,2002 -2- PD-2002-27 The lands are currently zoned Tourist Commercial (TC and TC-75). A new site specific zoning is requested to be applied to the lands to permit the proposed expansion. CIRCULATION COMMENTS: Information regarding this application was circulated to City departments, agencies and the public for comments. The following comments have been received: Municipal Works There are no storm sewers in the area. A stormwater management report from a civil engineer is required as post-development stoimwater flows are to be controlled to the pre-development rate. · Parks, Recreation & Culture No objections. · Fire Services No objections. Building & By-law Services All required building permits to be obtained prior to construction. Architect to review building in accordance with Article 3.2.6(d) Additional Requirements for High Buildings. Architect to review interior room layout in conformance with Article 3.8.3.3(11) Doorways and Doors. Further Ontario Building Code comments will be provided during site plan approval. PLANNING REVIEW: The following is a summary of staff's assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject property is designated Tourist Commercial in the Official Plan. Located just west of the intersection of Ferry Street and Stanley Avenue, the land is at the western end of the Clifton Hill subdistrict. This subdistrict is to function as the commercial/entertainment centre of the tourist area and is to include a wide range of tourist-related uses all with a pedestrian focus at the street level. Building heights in this vicinity are to be medium-rise, or 9 to 12 storeys. The proposal is an expansion of an existing motel. The current development dates to the late 1970%. As shown on Schedule 2, the existing building has a 2-storey wing along the west property line and a 3-storey wing along the rear. The new 6-storey hotel building will encompass the existing motel and will be built abutting Ferry Street and the east property line. March 18, 2002 -3- PD-2002-27 The first storey is set back under a colonnade above which rises the second to sixth storeys. The colonnade and the proposed retail area of the first floor give a pedestrian presence to the building along Ferry Street. This aspect of the building design is consistent with the Design Criteria for buildings above four storeys. The Design Criteria also contains two further provisions that affect the building in its design and location. First, buildings are to have a 10-foot stepback above the fourth storey. This is to provide for a sense of pedestrian scale and to deflect downdrafls of wind. The proposed 6-storey hotel is indented ten feet with balconies at each end of the Ferry Street facade, with the middle portion flush to the street line from the second to the fifth floors. The roof extends fi:om the top of the fifth floor and contains the sixth floor. The top of the fourth floor has a large, heavy cornice feature which coincides with the balconies. The indentations and cornice are within the intent of the guidelines. The second provision that impacts on building location and design is a side yard setback of 41 feet above four storeys. Below four storeys, there are no setbacks stipulated so as to promote dense urban building form with buildings sited close to the street. The 41-foot setback, with the building in its current proposed location, would result in the elimination of the fifth and sixth floors and would compromise other aspects of site design such as parking layout, access ramp location and the amount of landscaping. The impacts of the proposed 6-storey build'mg are not as significant as what would be experienced ofa 9 to 13- storey structure that could be built under the height strategy of the Official Plan. A setback of 4 to 6 feet, however, would appear appropriate in order to conduct building maintenance and to accommodate dra'mage. The requested amendment is appropriate for the site. The properties are zoned TC-75 and TC. The TC-75 zoning affects lands along Ferry Street from Victoria Avenue west to Allendale Avenue and provides for a parking exemption for certain designated uses which does not include hotels and motels. The applicant has requested that a site specific TC zoning be applied to the lands in order to permit the proposed expansion. Such a request is appropriate for the proposal. The amending by-law will contain site specific provisions that will control building height, the roof feature, setbacks, landscape strips and streetscaping. The applicant has also requested that the definition of a hotel be modified, site specifically, so as not to require meeting rooms or a public dining facility. The market catered to by the applicant does not require meeting rooms. A 1 O-seat coffee shop is provided for guests, but will only provide a small breakfast. Due to the large number of nearby restaurants in the area, the hotel patrons will be adequately serviced. A site plan/section 37 agreement with the applicant will be required to guarantee on- site works and streetscaping. A site plan agreement will be required of the applicant. The site plan drawings will detail building elevations, paving, lighting, landscaping and servicing. Municipal Works will require a storm water management report from a civil engineer as storm water will have to be detained on-site and outletted at pre-development rates due to the lack of storm sewers in the area. March 18, 2002 - 4 - PD-2002-27 A section 37 agreement is required for all proposals above four storeys. In this case, the agreement will contain streetscape requirements for Ferry Street and Stanley Avenue in return for additional height. These requirements are detailed in the Streetscape Master Plan and include interlocking pavers, tree planting, planters and street furniture. Stanley Avenue is slated for reconstruction over the next three years. Because of this, any streetscape works attributed to the developer should be undertaken during road reconstruction. It is recommended that the applicant enter into an agreement with the City to assume the costs for the Stanley Avenue streetscape works that are his responsibility. As Ferry Street is unlikely to receive upgrades in the near future and the proposed building is set to the street line, the streetscape works outlined in the Streetscape Master Plan should be constructed by the applicant during construction of the proposed development. CONCLUSION: In conclusion, the application can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan. · The proposal for a 6-storey hotel is well within the height strategy for the area. · The 6-storey building is to be built to the street line with pedestrian scale uses. · The requested amendment is appropriate. · Site works and streetscaping will be guaranteed through a site plan/section 37 agreement. Prepared by: Jpohn Bamsley lanner 2 Recommended by: Doug Darbyson Director of Planning & Development Respectfully submitted: Approved by: Tony Ravenda Executive Director of Corporate Services JB:am Attach. FILE: S :~PDR~002~PD2002-27.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 5509 Ferry Street Applicant: King's Inn Motor Lodge (Niagara) Ltd. AM-02/2002 1 :NTS REO'EIVED FEB 04 21~ SCHEDULE 2 NIA~A March 5, 2002 PLANNING AND DEVELOPMENT DEPARTMEI~ The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca Planning Scanned FILE: D.10 M.11.23 Mr. John Barnsley Planner II City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Barnsley: RE: Zoning By-law Amendment Application To Pet~dt Hotel Expansion 5509 Ferry Street, 5839 Stanley Avenue & 5512 Spring Street City of Your FiI~M-02/2002~) Regional Planning staff has reviewed the above noted application to rezone the subject lands to permit the construction of a six storey hotel as well as renovations to convert an existing motel into a hotel establishment and accessory parking areas. These lands are in the Urban Area Boundary for the City of Niagara Falls and designated Tourist Commercial in the City's Official Plan. More specifically, the property is in the Clifton Hill Subdistrict of the Central Tourism District. The proposed building height and form should facilitate a desirable development on the edge of the gateway entrance to the Clifton Hill district. This development also provides the opportunity to incorporate landscape elements that will enhance the attractiveness of the streetscape and public realm as promoted in the tourism policies of the Official Plan. Comments from Regional Public Works should also be regarded. There may be concerns with driveway entrances and road widening requirements along Regional road allowances (Stanley Avenue and Lundy's Lane). Regional Planning staff has no objection to the proposed zoning by-law amendment application from a Regional and Provincial planning perspective. Yours truly, David J. Farley Director of Planning Services C: RECEIVED HA~ 0 8 2002 DEVELOPMENT Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of: Niagara Falls Mr. W. Stevens, Regional Public Works Jim Prescott 5541 Spring St., Niagara Fails, Ontario, L2G 1P6 356-8370 March 11, 2002 Director of Planning and Development, City Hall, 4310 Q~--..n Street, Niagara Falls, Ont., L2E 6X5 Reference: City File AM-02/2002 While I have no objection to the constru~on of a new 6-storey hotel or the enclosing of the existing exterior corfidom, I do have concerns with tho proposed parking area on Spring St. #1 As the residents along this section of Spring St. already have a serious problem with sewers becking up into besements during heavy storms, the additional water run-off from tho asphalt parking areas is of great concern. Whether the parking area is serviced by catch basins or is just mn-off onto the s~-eet, the additional flow from this large area is bound to cause increased flooding in our basements. #2 Since the Spdng St. parking lot faces onto residential properties, I feel that the 10 foot landscaped area is inadequate. When I look at tho plans for the Stanley Ave. lot I see that there is a total of 30 feet of landscaped area. (10 feet allowed for future mad widening and 20 feet of landscaped area) This seems to be out of balance to me. There is nothing showing a fence along the west side of tho Spdng St. lot. I would hope that a wood fence would be included in the site plans, to act as a buffer for the surrounding residents. There is also no lighting shown on these plans, and well I am aware that this is the early stage~ of this project I would like to make sure that any planned lighting will not interfere with the surrounding neighborhood. #5 The two trees at the the eotrance to the prposed Spring St. lot arc not shown. If they are to be removed, I ~hink that is a waste of valuable greenery. RECEIVED NAR 1 2 2002 The City of Niagara Falls Canada 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 March 18, 2002 Doug Darbyson Director PD-2002-26 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-26, Public Meeting Brookfield Court Draft Plan of Subdivision File: 26T-11-2002-02 Owner: Cuviello Construction Limited (In Trust) (Agreement of Purchase and Sale) RECOMMENDATION: It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Brookfield Court Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning & Development will consider all comments received from the public, Region, agencies and City departments and prepare a recommendation report to Council at a future meeting. There is to be no decision made at the meeting held tonight. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. PROPOSAL: The applicant proposes to subdivide a 1.712 hectare (4.23 acre) site into 13 single-detached lots. The property is on the north side of Clare Crescent, between Brookfield Avenue and the hydro canal, south of Lundy's Lane (see location map). The subdivision is proposed with lots on the west and north side of a cul-de-sac roadway. The City's Official Plan designates the property Residential which permits a variety of housing types. The land is zoned Residential Single Family lC Density (R1C) through Zoning By-law 79-200. Working Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal Planning & Development March 18, 2002 - 2 - PD-2002-26 CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Prepared by: Richard Wilson Planner 2 Respectfully submitted: Recommended by: Doug DarbySon Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:am Attach. FILE: S:~PDR~O02~D2002-26.wpd Proposed Plan of Subdivision Brookfield Court 26T-11-2002-02 Location Ma' Subject Land ~/////////////z[ ® :NTS 2002 .~1~ Planning $¢anne~ The City of Niagara FallsI Canada 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 March 18, 2002 Doug Darbyson Director PD-2002-23 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-23, Appeal to Zoning By-law Nos. 2002-022 and 2002-023, former Township of Willoughby and Crowland, Zoning Provisions for Testamentary Devise Parcels RECOMMENDATION: It is recommended that Council reaffirm, by resolution, the passing of By-law Nos. 2002-022 and 2002-023. BACKGROUND: The City has an appeal to By-law Nos. 2002-022 and 2002-023 from Mrs. Anna Manza- Montemurro. The by-laws amend the by-laws for the former Townships of Willoughby and Crowland and establish consistent lot area (1.0 ha) and lot frontage (60 m) provisions for testamentary devise parcels. The by-laws also establish consistent building setback provisions for the lots. The zoning by-laws were processed in conjunction with an Official Plan amendment to establish a policy framework for testamentary devise parcels. The policies provide for lot severance, lot reconfiguration and amalgamation in order to create better sized and configured estate type lots and minimize land use impacts. The policies also provide for environmental protection and ensure the long term functionality of the lots. Official Plan Amendment No. 42 has been forwarded to the Region, as the approval authority, for consideration. The reasons for the appeal relate to the proposed lot size. The appellant argues the lot size is too big and does not provide for an efficient use of land. The appellant also indicates the proposed zoning provisions do not reflect the individuality of each testamentary devise reference plan. The appellant is requesting the Ontario Municipal Board to establish minimum zoning provisions of 100 foot frontage and 1.0 acre lot area. A copy of the appellant's reasons for objection is attached. Working Together to Serve Our Community Clerk's · Finance , Human Resources Information Systems , Legal · Planning & Development March 18, 2002 - 2 - PD-2002-23 The City is required by the Planning Act to forward the appeal and other applicable information within 15 days of the last date of the appeal. The Board requires that Council's position be submitted with the appeal. However, in this case, the appeal and supporting material has already been forwarded to the Board in order to meet the 15-day time limit. A copy of this report and the resolution will follow under separate cover. Council passed By-law Nos. 2002-022 and 2002-023 in accordance with the Planning Act and based on staffrecommendations. A resolution of Council to reaffirm the passing of By-law Nos. 2002-022 and 2002-023 is required. P~ared by: Dave Heyworth Planner 2 /~espectfully submitted: . John MacDonald Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Tony Ravenda Executive Director of Corporate Services DH:am Attach. S:~PDR~2002~PD2002-23.wpd t. II ~. FI:ILLS CLERKS'CQ ~} ~.5:24 DANIEL, BLACK, HILL, TIIDUS, DeLORENZO, SHEDDEN, DONOHUE sc SHEPPARD LLP Barristers az ~olicltors The Dominion Building, 39 Queen St., St. Cathadnes, Ontario Telephone: 905 688-9411 Fax: 905 688-5725 Hailing Address: P.O. Box No. 24022 St. Catharine~, Ontario Canada L2R 7P7 REI~ILy TO: Callum Shedden Ext. 3269 E-mall: shed dencL~nlajaalaw.ca February 21, 2002 The Corporation of the City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 ATTENTION: Dear Sir: RE: BY-LAW NOS. 2002-022 AND 2002-023 NOTICE OF APPEAL We represent Anna Hanza Hontemurro, who is a Beneficial Owner of lots within all of the subject areas to which Zoning By-Laws 2002-022 and 2002-023 for the Corporation of the City of Niagara Falls apply. We are enclosing, herewith, the Notice of Appeal with respect to the passage of these By-Laws, together with our firm cheque in the amount of $250.00 for the prescribed fee. Please note that it is our Intention to appeal the adoption of Official Plan Amendment No. 42 should that amendment be approved by The Regional Municipality of Niagara. I trust the foregoing is satisfactory. Yours very truly, DANIEL, BLACK, HILL Cailum Shedden CS/ag Enclosure ECEIVED tFf B 2 '1 2002 PLANNING & DEVELOPMENT Nif~i F~LS CLERKS'02 0221 15~24 IN TH E MATTER of the Planning Act, R.S.O. 1990, c.P. 13, as amended, Section 34(11) AND IN THE MATTER of By-Law Nos. 2002-022 and 2002-023 passed by The Corporation of the City of Niagara Falls on the 21st day of January, 2002, under Section 34 of The Planning Act. NOTICE OF APPEAL TAKE NOTICE that Anna Manza Montemurro (the Appellant) hereby appeals to the Ontario Municipal Board (the "Board") from the decision of the Council of The Corporation of the City of Niagara Falls to pass Zoning By-Law Nos. 2002-022 and 2002-023 to establish minimum zoning by-law provisions for testamentary devise parcels in the former Townships of Willoughby and Crowland, now in the City of Niagara Falls, Regional Municipality of Niagara. THE GROUNDS UPON WHICH the Appellant relies are as follows: The provisions contained in the Zoning By-Laws whereby minimum lot frontages and lot areas are established do not represent good land use planning in that: (i) They do not conform to the Provincial Policy statements as they do not promote efficient, cost effective development and land use pattems which stimulate economic growth and protect the environment and public heath. (ii) , They do not create a land use pattern containing den. sities which efficiently use land resources and infrastructure. (iii) The minimum lot size significantly exceeds that which is required for private sanitary waste systems to be located on each lot. The proposed Zoning By-Laws do not conform to the policies and objectives of the Regional Municipality of Niagara Official Plan with respect to the efficient and orderly development of residential lots and the efficient management of land resources within the City of Niagara Falls. The proposed Zoning By-Laws do not conform to the policies and objectives of The Corporation of the City of Niagara Falls Official Plan with respect to the efficient and orderly development of residential lots and the efficient management of land resources within the Region. The Zoning By-Laws represent a "down zoning" of the lands in question which the sole purpose of which is to reduce the number of available building lots which were created by testamentary devise without regard to proper land use planning principles as set out in the Provincial Policy statements and the Official Plans of the Regional Municipality of Niagara and The Corporation of the City of Niagara Falls. The standard lot sizes contained in the Zoning By-Laws fail to recognize the different land use patterns and characteristics of each location to which the standard lot sizes are applied. The proposed By-Laws are selective in their Application in that they only affect 2 the lots created by Testamentary Devise in the Preston, Gross, Rees and Nagy Estates, while other lots created by Testamentary Devise in. the City of Niagara Falls have had Building Permits issued and Minor Variances approved. THE RELIEF SOUGHT The Appellant submits that the Board amend Zoning By-Law 2002-022 and 2002-023 so as to establish minimum lot configurations of 30.4 meters (100 feet) frontage and 0.4 hectare (1 acre) lot area. 8. The Board grant the Appellant her costs of the appeal. o The Board award such other relief as counsel may advise and this Honourable Board deem proper. DATED at St. Cathadnes, Ontado this 21't'day of February, 2002. Anna Manza Montemurro By her Solicitors, Daniel, Black, Hill, et al LLP Calum Shedden DANIEL, BLACK, HILL et al LLP Barristers & Solicitors 39 Queen Street, Box 24022 St. Cathadnes, Ontario L2R 7P7 Telephone 905-688-9411 Fax 905-688-5725 NII~. F~LS CLERKS ~0~- 0~-~. ~.5~-~ IN TH E MATTER of the Planning Act, R.S.O. 1990, c.P. 13, as amended, Section 34(11 ) AND IN THE MATTER of By-Law Nos. 2002-022 and 2002-023 passed by The Corporation of the City of Niagara Falls on the 21st day of January, 2002, under Section 34 of The Planning Act. NOTICE OF APPEAL TAKE NOTICE that Anna Manza Montemurro (the Appellant) hereby appeals to the Ontario Municipal Board (the "Board") from the decision of the Council of The Corporation of the City of Niagara Falls to pass Zoning By-Law Nos. 2002-022 and 2002-023 to establish minimum zoning by-law provisions for testamentary devise parcels in the former Townships of Willoughby and Crowland, now in the City of Niagara Falls, Regional Municipality of Niagara. THE GROUNDS UPON WHICH the Appellant relies are as follows: The provisions contained in the Zoning By-Laws whereby minimum lot frontages and lot areas are established do not represent good land use planning in that: They do not conform to the Provincial Policy statements as they do not promote efficient, cost effective development and land use patterns which stimulate economic growth and protect the environment and public heath. (ii) They do not create a land use pattern containing den. sities which efficiently use land resources and infrastructure. The minimum lot size significantly exceeds that which is required for private sanitary waste systems to be located on each lot. The proposed Zoning By-Laws do not conform to the policies and objectives of the Regional Municipality of Niagara Official Plan with respect to the efficient and ordedy development of residential lots and the efficient management of land resources within the City of Niagara Falls. The proposed Zoning By-Laws do not conform to the policies and objectives of The Corporation of the City of Niagara Falls Official Plan with respect to the efficient and orderly development of residential lots and the efficient management of land resources within the Region. The Zoning By-Laws represent a "down zoning" of the lands in question which the sole purpose of which is to reduce the number of available building lots which were created by testamentary devise without regard to proper land use planning principles as set out in the Provincial Policy statements and the Official Plans of the Regional Municipality of Niagara and The Corporation of the City of Niagara Falls. o The standard lot sizes contained in the Zoning By-Laws fail to recognize the different land use patterns and characteristics of each location to which the standard lot sizes are applied. The proposed By-Laws are selective in their Application in that they only affect 2 the lots created by Testamentary Devise in the Preston, Gross, Rees and Nagy Estates, while other lots created by Testamentary Devise in the City of Niagara Falls have had Building Permits issued and Minor Variances approved. THE RELIEF SOUGHT The Appellant submits that the Board amend Zoning By-Law 2002-022 and 2002-023 so as to establish minimum lot configurations of 30,4 meters (100 feet) frontage and 0.4 hectare (1 acre) lot area. 8. The Board grant the Appellant her costs of the appeal. The Board award such other relief as counsel may advise and this Honourable Board deem proper. DATED at St. Cathadnes, Ontario this 21st day of February, 2002. Anna Manza Montemurro By her Solicitors, Daniel, Black, Hill, et al LLP Calum Shedden DANIEL, BLACK, HILL et al LLP Barristers & Solicitors 39 Queen Street, Box 24022 St. Cathadnes, Ontario L2R 7P7 Telephone 905-688-9411 Fax 905-688-5725 3 'rhe City of Niagara Falls Canada 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) 355-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-24 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: PD-2002-24, Request for Approval of Consulting Services for the Sign By-law Review Study It is recommended that Council authorize the Sign By-law Review Study, as detailed in report PD-2002-11 (attached), with a revised work program that includes a workshop with the sign manufacturing industry. BACKGROUND: On February 4, 2002, Council deferred its decision regarding the Sign By-law Review Study, based on concerns raised by Alderman Feren. Since then, the Chief Administrative Officer has met with Alderman Feren to discuss his concerns with the Study. The result of these discussions has been to revise the consultant's work program to include a workshop with the sign manufacturing industry early in the study to receive input. It is therefore recommended that Council authorize the Sign By-law Review Study, as detailed in report PD- 2002-11 (attached) with the revised work program. Respectfully submitted: . D ,n Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Tony Ravenda Executive Director of Corporate Services JB:am Attach. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal S:~PDR~2002~PD2002-24.wpd · Planning & Development Corporat~ Sorvlcos Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.clty.nlagamfalls.on,ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mall: plannlngQclty.niagarafalls;on.ca Doug Darbyson Director PD-2002.11 'HTS MAi iI:R DEFERRED BY COUNCIL His Worship Mayor Wayne Thomson and Mei~bers of the Municipal Council City of Niagara Falls, Ontario Members: February 4, 2002 Re: PD-2002-11, Request for Approval of Consulting Services for the Sign By-law Review Study RECOMMENDATION: It is recommended that Council approve the hiring of the MBTw Group to undertake the Sign By-law Review Study and authorize the expenditure of $39,100 for these consulting services. BACKGROUND: The City's Sign By-law dates back to 1964. Since then the by-law has been amended several times but has not been updated or amended on a comprehensive basis. Given this, the changes in signage and advertising trends, and the development pressures in many areas of the City, it is clear that the by-law is in need for a comprehensive amendment. THE SIGN BY-LAW REVIEW STUDY: A comprehensive amendment of the Sign By-law is a major undertaking. Staff of Planning & Development, Building & By. law Services, Legal Services and Municipal Works have met to discuss the matter and the amendment process. It is the opinion of staff that the work already completed by the MBTW Group on signage in the tourist districts, done as part of the Streetscape Master Plan, should be expanded to include a review of the City as a whole. The consultant has been requested to prOvide a quotation for the following: · analysis of signage in the City; · review of the existing by-law as to its performauce and recommended modifications; · recommend Official Plan policies; · prepare design guidelines; and · prepare thc new sign by-law. Working Together to Serve Our Communi(y Clerk's · Finance · Human Resources · Information Systems . Legal · Planning & Development February 4, 2002 - 2 - PD-2002-11 Currently, no Official Plan policies or design guidelines exist respecting signs. As such, staff is limited when it comes to the evaluation ora sign permit application, especially when applications are made that do not comply with the By-law. Official Plan policies and design guidelines, together with a new updated by-law, will assist in the assessment of applications and provide guidance to applicants as to the City's desired criteria for design, extent and location of si~s. The MBTW Group proposes to conduct this work over a three-month period at a cost of $39,100. The work program will be completed by the end of April 2002. This work will involve a review of the existing by-law and the existing sign conditions in the City. From this, the consultant will prepare the design guidelines, a draft by-law and Official Plan policies. These documents will then be revised after consultation with staff, Council and the public. Once this work is complete, staff will finalize the Official Plan policies and prepare the necessary amendment for inclusion into the Official Plan. CONCLUSION: It is recommended that the MBTW Croup be hired to conduct the Sign By-law Review Study. Expenditure of the $39,100 will be shared by both Corporate Services and Community Semite due to the interdisciplinary nature of the work. Planner 2 Recommended by: Director of Planning & Development ~espectfully submitted: Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services FILE: S:~PDR~2002~PD2002-11 .wpd The City of Niagara Falls' Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-28 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-28, Smarter Niagara Incentive Programmes RECOMMENDATION: It is recommended that Council: 1) advise the Region and the Smarter Niagara Steering Committee of its support for the five priority incentive programmes identified in the January 2002 discussion paper; 2) request the Region's support for direct funding assistance regarding the preparation of requisite Community Improvement Plans; and 3) request the Region to clarify the sources of funding for the proposed loan and grant programmes. BACKGROUND: The attached discussion paper has been forwarded to local municipalities by the Smarter Niagara Steering Committee for comment. The discussion paper describes various incentive programmes which have been established by municipalities in Ontario and the United States to encourage and promote their smart growth objectives. Of the 15 incentive programmes identified, the Region would like to focus its attention on pmgrammes related to downtown redevelopment, brownfield development, heritage restoration and affordable housing. In order to pursue these objectives, five priority programmes have been selected for implementation. These programmes, listed below, are described in greater detail in the attached discussion paper. Municipalities have been invited to comment on the discussion paper and the five priority programmes identified. 1. Development Charge Waiver/Exemption Programme The City of Niagara Falls finds merit in the proposition of exempting brownfield sites from industrial development charges. There may very well be instances where both the City and Region could coordinate their efforts in eliminating or reducing development charges as a means of promoting brownfield redevelopment. tYorking Together to Serve Our Community Clerk's . Finance · Human Resources · Information Systems Legal Planning & Development March 18, 2002 - 2 - PD-2002-28 2. Property Rehabilitation and Redevelopment Tax-Increment Grant Programme Hamilton and Thunder Bay have introduced this programme to promote the clean up and redevelopment of contaminated brownfield sites. The Cytec lands on Fourth Avenue, and other former heavy industrial sites, would be logical candidates for this type of redevelopment incentive programme. 3. Residential Conversion and Intensification Loan/Grant Programme This programme is designed to promote the conversion of excess industrial and commercial space into residential units in, or adjacent to, downtown areas. This programme could assist the City's downtown revitalization efforts. 4. Facade Restoration and Improvement Loan/Grant Programme This programme could be applied to the downtown in order to implement the Facade Improvement Study that was prepared for downtown several years ago. As well, the programme could be used to advance LACAC's recent initiative to provide financial incentives to restore designated heritage buildings. 5. Environmental Assessment Study Grant Programme The City continues to experience problems with contaminated sites and the need for remediation before redevelopment occurs. This programme could be used to stimulate the private sector to undertake environmental assessment studies in order to determine the feasibility and costs of clean up. The Region's priority programmes are well suited to Niagara Falls and should be supported as a means of coordinating efforts and providing effective programme delivery. The need for a coordinated approach cannot be understated as amendments would be required to both Regional and local Official Plan documents as well as Development Charges by-laws. Moreover, a significant amount of planning work would be required on the part of local municipalities to prepare Community Improvement Plans (C.I.P.'s). With the exception of the Development Charges Waiver, the other four programmes require the preparation and adoption of C.I.P.'s under Section 28 of the Planning Act in order for financial incentives to be offered. Given the challenges to be faced by local municipalities in preparing these plans, particularly those related to contaminated brownfield sites, the Region should consider direct funding assistance to municipalities for C.I.P. studies. Programme delivery is another area where the Region could be of assistance. Municipalities having implemented incentive programmes indicated that a well organized and well resourced administrative process needs to be put in place to process applications efficiently. The Region's assistance in establishing these new administrative processes would be helpful. Finally, in terms of programme funding, the attached discussion paper makes mention of a Regional report committing a portion of Super Build funds to Smarter Growth projects. In order for municipalities to offer loans and grants as financial incentives under certain progranunes, the establishment of funding mechanisms requires clarification. March 18, 2002 - 3 - PD-2002-28 CONCLUSIONS: The Smarter Niagara Steering Committee should be commended for their actions and initiatives to promote smart growth. The offering of incentive programmes to promote downtown, brownfields, heritage and affordable housing objectives provide a new role for municipalities requiring coordinated action. A significant amount of planning work will be required to implement the new programmes. The Region's involvement in providing funding assistance for C.I..P. studies and programme delivery should be clarified and confirmed. Prepared and recommended by: Doug Darbyson Director of Planning & Development Respectfully submitted: cDonald Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services DD:tc Attach. S:~PDRk2002~PD2002-28.wpd SUMMARY and POSSIBLE PRIORITIES Smarter Niagara Incentive Programs For Discussion January 2002 TABLE OF CONTENTS Page I. Summary of Smarter Niagara Incentive Programs ....................................................... 1 II. Possible Priority Programs ........................................................................................... 6 Page 1 SMARTER NIAGARA INCENTIVE PROGRAMS SUMMARY THE DEVELOPMENT OF SMARTER GROWTH IN NIAGARA Regional Council recognizes the importance of Smarter Growth in making Niagara a destination of choice for living, growing, working and playing. Council has developed a Business Plan which includes Smarter Growth principles as a means to accomplish these goals. The intent is to develop an approach through which the Region and local municipalities work together to make "Smarter Growth" a reality in Niagara. Also, a Smarter Niagara Steering Committee has been established with community representatives from throughout Niagara. There are a number of approaches to encourage investment in Niagara to assure its sustainability. The purpose of this report is to provide a framework to implement the various financial innovations needed for Niagara to further its Smarter Growth goals, become more competitive and assure sustainability through: · downtown redevelopment and urban improvement; · Brownfields redevelopment; · Heritage restoration and preservation; and · residential intensification and the provision of affordable housing. This report is being circulated as a draft for discussion and comments. EMERGING TRENDS AND BEST PRACTICES IN OTHER JURISDICTIONS' A comparative analysis of incentive programs offered by London, Kitchener, Cambridge, Hamilton, and Thunder Bay, as well as Chicago, Cleveland and Phoenix was conducted to identify emerging trends and best practices. All the Ontario municipalities use a combination of incentive programs focusing heavily on promoting downtown redevelopment. A summary of 16 merging trends and best practices are identified in the report. Overall emphasis is placed on developing programs that have flexibility, providing a balanced combination of loans, grants and exemption programs that can be aggressively and appropriately marketed. SUMMARY OF SMARTER NIAGARA INCENTIVE PROGRAMS Fifteen incentive programs have been identified in the report. Each program is described as to: the goal of the program; proposed delivery format; duration; area of application; implementation notes. The programs, their purpose and possible financial incentives are briefly outlined below using the same numbering system as in the full report: Property Rehabilitation And Redevelopment Tax Incremental Grant Program. This program is to promote the long-term redevelopment and rehabilitation of downtown properties Page 2 m and Brownfields properties through an annual grant program equivalent to a portion of the tax increase resulting in the property redevelopment. Option 1: A sliding scale grant program for up to ten years (i.e. 80% of tax increase in year 1- 70% in year 2) not to exceed the value of the work done resulting in tax increase. Option 2: An annual grant for a standard period of time (not less than 5 years) in each and every case. Facade Restoration And Improvement Loan/Grant Program, This program promotes upgrading, improvement and restoration of exterior building facades in downtown areas, including commercial and Heritage buildings through a matching 50% grant or loan program. Option 1: ^ matching grant program for 50% of eligible costs up to a maximum grant of $15,000 per building/property. Option 2: A matching loan program at 0% or a Iow interest rate for 50% of eligible cost up to a maximum loan of $15,000 per building/property. Option 3: A combination grant/loan program based on Option 1 and 2. Building Interior Renovation And Improvement Program This matching grant program will promote upgrading and improvement to the intedor of older buildings in downtown areas. Option 1: ^ matching grant program for 50% of the eligible cost to a maximum grant of $15,000 per building/property. Option 2: A matching loan program at 0% or a Iow interest rate for 50% of the eligible cost to a maximum loan of $15,000 per building/property. Option 3: An initial grant program which is changed to a loan program after a period of 5 years. Residential Conversion And Intensification Program This program will promote the conversion of unused industrial or commercial space into new residential units, as well as promote residential infilling on vacant lots through a 0% interest loan program to a set maximum based on floor space. Affordable Housing Program This program is intended to promote the creation of affordable rental housing by promoting conversion of excess space in upper floors of commercial buildings, single detached dwellings and small infill projects in selected and downtown areas through a set grant per new residential unit up to a maximum number of units. Page 3 Development Charge Exemption/Credit Program In order to promote new construction on downtown and Brownfields sites a partial exemption (80%) of the combined Regional and local municipal development .charges would be provided as a separate incentive package from the tax-incremental grant. Refund Of Planning And Building Fees Program This program would provide a refund of most planning and development fees as well as building permit fees as an additional incentive to augment other downtown redevelopment and Brewnfields redevelopment programs. Project Feasibility Study Program This program would pay 50% of the cost of feasibility studies up to a set maximum grant per property in order to stimulate and undertake studies necessary to determine the project feasibility of redevelopment projects in downtown areas and on Brownfields sites. Urban Design Study Program Structured to stimulate urban design studies by ensuring that property improvements are appropriate especially those designated under the Ontado Heritage ACt, this program would provide matching grants for 50% of the study costs up to a set maximum. 10. Environmental Assessment Study Grant Program This-program is to stimulate the remediation of Brownfields sites by providing 50% matching grants up to a set maximum to undertake environmental assessment studies. 11. Parking Requirements Waiver Program Standard parking requirements would be reduced or waived for all properties being converted to residential use in downtown areas served by transit. t2. Parkland Dedication Fee Waiver Program This program would waive the standard 5% parkland dedication fee for all properties in the downtown area to facilitate downtown residential development and redevelopment. 13. Brownfields Pilot Project Program To finance pilot projects, substantial government capital funding would be put in place to promote the redevelopment of key Brownfields sites by funding environmental studies, site remediation and innovative technologies with the object of showcasing Brownfields redevelopment. 14. Municipal Property Acquisition, Investment and Improvement Program This program has direct municipal involvement in private sector projects to acquire, improve, cleanup and prepare land for redevelopment. Sale proceeds can be directed to continue funding this program. 15. Brownfields Tax Free/Cancellation Program This program provides a tax abatement in the form of a freeze or cancellation of Regional, local municipal and educational taxes during the remediation and development period of a Brownfields site. The program will require the implementation of Bill 56. IMPACT ASSESSMENT The incentives programs have been assessed in terms of impact based on potential effectiveness, impact on the tax base and administrative workload. The following table sets out this assessment. Page 4 Impact of Smarter Niagara Incentive Programs Impact. Tvr~ of Incentive Potential Effectiveness Impact on General Admlnbtrative Tax Ba.~e Reaource~ Required 1) ~ ~fli~ti0n and g~evel°pment T~;l~nt G~t Pm~ High ~w Hi~ ~'2 M~i~-High ~w 2) 'F~ R~omi~ ~ l~ovement ~mt P~ Medium Medium ~w High ~n 2 : Medium ~ 3 M~ium-High M~ium 3) BuiM~g ~ ~vation ~ lm~nt ~t Pm~m High Hi~ M~ium ~ 2 M~d~m ~;~ 3 M~ium-Hi~h M~ium 4} R~mfial ~nvmio~n~ifi~ti~ ~an. M~ium Medium 6) ~t ~ge E~ptio~it ~ ~w-Medium ~w M~ium-~ - M~ium Medium ~ M~~ M~ium Medium ~ Low ~w IMPLEMENTATION TOOLS The Niagara area has a two-tier form of government. The implementation of many ~ncentives will require the continued co-operation between both the Regional and local municipalities. To carry out the programs there are several implementation tools including: the preparation or amendment to Community Improvement Plans; amendments to the Regional Policy Plan or local official plans; amendments to Regional or local development charges by-law; the use of Section 39 of the Ontario Heritage Act; the use of Section 69(2) of The Planning Act to provide fee rebates. Table 5 in the Report provides a summary of the tools recommended to implement each of the proposed incentive programs. MARKETING THE SMARTER NIAGARA INCENTIVE PROGRAMS One key to the success of the incentive programs is an effective marketing program to ensure that developers and property owners are aware of the incentive programs available to them. It is proposed that the Niagara Economic Development and Tourism Corporation develop and implement the marketing program. Page 5 FINANCIAL INCENTIVES IN OTHER JURISDICTIONS Appendix A of the Report provides an analysis and discussion of financial incentives in other jurisdictions for downtown redevelopment and improvement programs as well as Brownfields redevelopment programs, Each of the financial incentive programs is discussed with examples from the various municipalities. Suggestions are made based on effectiveness, experience and trends. Page 6 POSSIBLE PRIORITY PROGRAMS' PRINCIPLES OF SMART GROWTH The following ten principles, identified in the "Smarter Niagara" summit of November 2001, provided as a context for consideration of funding program options: · Create a mix of land uses, · Promote compact built form, · Offer a range of housing opportunities and choices, · Produce walkable neighbourhoods and communities, · Foster attractive communities and a sense of place, · Preserve farmland and natural resources, · Direct development into existing communities, · Provide a variety of transportation choices, · Make development predictable and cost effective, and · Encourage community stakeholders collaboration. are PRIORITY APPROACHES "Smarter Growth" has the opportunity to create long-term financial, environmental and community benefits. However, to realize these, a program of INCENTIVES should be initiated to assist with implementation of the concept. As indicated in the Summary, the funding programs can contribute to one or more of the following four goals: · Downtown Redevelopment, · Brownfield Redevelopment, · Heritage Restoration/Preservation, · Residential Intensification/Affordable Housing. While all of these incentive programs are positive initiatives, some are better implemented at the local level, i.e. parking requirements and parkland dedication. The Region should concentrate on a few effective programs and do them well. The following criteria are suggested as a framework for examining the various options. These proposed evaluation criteria are: · Effectiveness of programs in implementing "Smarter Niagara" goals and principles, · Ease of implementation, and · Potential for cost-effective development and long-term economic benefits. Based on those criteria, the following are suggested as priority programs for implementing "Smarter Growth" in Niagara, with an indication of the main goals realized by each program. It should be noted that Regional Niagara has made a commitment of 25% of the balance of SuperBuild funds to "Smarter Growth" projects (CA03-2002, approved by Regional Council, January 24, 2002). Five Incentive Programs are outlined below, covering all of the four goals. Four of these focus on Downtown Redevelopment, Three on Brownfields, Two on Heritage Restoration, and One on Page 7 Residential Intensification/Affordable Housing. Generally speaking, however, they all apply to each of the goals. The contributions of each program in regard to Potential Effectiveness, Impact on General Tax Base, and Administrative Resources Required are presented as id.entitled in the consultant's report. DEVELOPMENT CHARGE WAIVER/EXEMPTION - HELPS TO IMPLEMENT ALL GOALS This program can apply to downtown areas or other areas and has a High Potential Effectiveness, a Low-Medium Impact on the General Tax Base, and a Low requirement for Administrative Resources needed to implement it. If Regional contributions were to be made, presumably Downtown and possibly other areas would have to be designated. Advantages of this program are that: · It should be relatively easy to implement, · It should encourage several of the goals, especially Downtown Redevelopment, · With a similar program from the local municipality, it can show a clear commitment towards development of Downtowns. · It can have a positive effect on Economic Development and Community Building. PROPERTY REHABILITATION AND REDEVELOPMENT TAX-INCREMENT GRANT PROGRAM -- PRIMARILY IMPLEMENTS DOWNTOWN AND BROWNFIELDS REDEVELOPMENT. Property rehabilitation can be focused on Downtowns and Brownfields. The report indicates a High Potential Effectiveness, a Low Impact on the General Tax Base, but a fairly substantial amount of Administrative Resources needed to implement it. Again key advantages are that: · It is presumed to have a High Effectiveness and a Low Impact on the Tax Base, · It could produce fairly quick and clear results, · Potential benefits overcome the Administrative Resource requirements. RESIDENTIAL CONVERSION AND INTENSIFICATION LOAN PROGRAM -- PRIMARILY APPLIES TO AFFORDABLE HOUSING This would encourage the conversion and intensification of residential properties to produce greater efficiency within our urban areas. The report indicated that it has a High Potential Effectiveness, a Medium Impact on the General Tax Base, and a Medium Effect on Administrative Resources needed to implement it. This program could support the other Downtown initiatives and could support infilling. It could also increase the number of residential units which is a key goal of "Smarter Growth". Benefits include: It would complement the above two programs, It would support the creation of more housing, It could assist in the revitalization of downtowns, It could encourage infilling of vacant parcels. Guidelines or criteria would likely have to be developed as to what are acceptable types of residential conversion (should the units be affordable?). Also consideration should be given to whether or not there are any expectations with regard to density or housing type in the areas where residential development is being supported. This program could apply to residential intensifaction throughout the urban areas in, for example, shopping centres. It could assist in implementing the goal of creating more housing and meeting the needs of nearby residents. Page 8 FAQADE RESTORATION AND IMPROVEMENT LOAN/GRANT PROGRAM - PRIMARILY APPLIES TO HERITAGE RESTORATION/PRESERVATION This could have various degrees of Effectiveness, Impact on the General Tax Base, and Administrative Requirements depending on which Option for the Program is chosen. However in general, the program would: · Promote the upgrading of the extedor of properties (highly visible and possibly encouragement for further upgrading), · Identify a municipal commitment towards the objective of fixing up building exteriors, · If targeted to particular areas, it could identify clear priorities as to where this could have the most effect. The areas to which the program would apply would have to be identified and the type and appropriateness of fa(;ade improvements would need to be identified. ENVIRONMENTAL ASSESSMENT STUDY GRANT PROGRAM - APPLIES MAINLY TO BROWNFIELDS This would encourage the private sector to undertake Environmental Assessments, if necessary, to remediate Brownfield sites. It is expected to have a Medium-High Potential Effectiveness, a Medium Impact on the Tax Base, and a Medium amount of Administrative Resources needed to implement it. Advantages include: A highly targeted program focused on Brownfields, A financial incentive to encourage private sector interest in these areas, A clear commitment from local government on the importance of Brownfields, and The creation of new development on presently vacant or under-utilized sites. Guidelines would need to be developed as to what constitutes a Brownfield Site or area that would be eligible for support. CONTEXT The above programs to some degree implement all of the "Smarter Growth" goals which are: · Downtown Redevelopment, · Brewnfield Redevelopment, · Heritage Restoration/Preservation, · Residential Intensification/Affordable Housing. These are all beneficial goals and could have a significant effect on the implementation of "Smarter Growth" in Niagara. However it should be borne in mind that the programs are complementary - that is they all support each other towards identified ends. The immediate most important benefit might be the awareness that "Smarter Growth" is a municipal priority which local government is prepared to support financially. A final comment is that planning policies are also needed both as a justification for these financial initiatives and as a means of ensuring that land use initiatives are progressing in accordance with "Smarter Growth" rather than working against it. Thus planning policies and financial incentives should work hand in hand. Page 9 CONCLUSION The above are presented as input to the discussion of which programs.would be the most useful priorities. The suggestions represent a subgroup of inter-related programs that collectively would benefit the development of "Smarter Growth" in Niagara. The objective is to create an approach that will encourage the co-operative implementation of the "Smarter Growth" concepts so that the longer- term financial, environmental and community benefits of the approach can be realized. djf/EXECUTIVE SUMMARY-Smarter Growth-3 .llsmarter The Smarter Niagara Steering Committee would like to hear from yott and your opinion on what type of incentive programs would be most successful in Niagara to meet the Principals of Smart Growth. Five possible priority programs are being considered by the Smarter Niagara Steering Committee. Listed below are all the 15 incentive programs outlined in the reporL Please review the programs and prioritize them fi:om 1 to 15 depending on your preference. Type of Incentive Property Rehabilitation and Redevelopment Tax-Increment Grant Program Option 1 Option2 Facade Restoration and Improvement Loan/Grant Program Option 1 Option 2 Option 3 Building Interior Renovation and Improvement Loan/Grant Program Option 1 Option 2 Option 3 [---'~ Residential Conversion/Intensification Loan Program Affordable Housing Grant Program r---1Development Charge Exemption/Credit .Program Refund of Planning and Building Pe~ii~it Fees Project Feasibility Study Grant Program [-~ Urban Design Study Grant Program I-~'[ Environmental Assessment Study Grant Program ~'~ Pa~ing Requirements ~Waiver [-~ Parkland Dedication (Fee) Waiver ~ Bmwnfield Pilot Project Program [--"-~ Municipal Property Acquisition, Investment and Improvement Program ---[ Brownfield Tax Freeze/Cancellation Program D° you have any additional comments or suggestions on the 15 incentive programs listed above? ContinueaC o. bacf JJsmarter Can you suggest any other incentive programs not listed that you would like the Smarter Niagara Steering Committee to consider? ~ Do you have any suggestions on how the Smarter Niagara Steering Committee can best market their incentive programs? Please return completed questionnaire by March 1, 2002 to: The Smarter Niagara Steering Committee cio Patrick Robson 2201 St. David's Road P.O. Box 1042, Thorold ON L2V 4T7 or FAX 905 685-6243 The City of Niagara Falls Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2002-29 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-29, The Southeast Niagara Agricultural Study RECOMMENDATION: It is recommended that: 1) 2) Council receive this report for information purposes; the Southeast Niagara Agricultural Study be used as a basis for developing policies for the southern area of Niagara Falls west of the Q.E.W; and 3) a copy of this report be sent to the Region for their information, and further indicating that the City would require that the Region conduct further evaluation on thetr findings because of the City's concerns regarding the lands in the City west of the 0.£.~/. in comparison BACKGROUND: to the rest of the study area and further, that the Region be requested to report back to th~ City. ' · The Region has completed the Southeast Niagara Agricultural Study and has mrculated the Study for comment. Comments are requested to be received by the middle of March. The purpose of this report is to provide Council with the highlights of the Study and its impact on the City's Planning program. The Study looks at the southeast agricultural area from aRegional context. The study area consists of the portion of Niagara Falls south of the Welland River, the Town of Fort Erie, the majority of the City of Port Colborne and the eastern portion of the City ofWelland. A map showing the study area is attached as Schedule 1. Due to the ongoing Willoughby Land Use Study, jointly undertaken by the City, Region and Niagara Parks Commission, the Agricultural Study examined the agricultural significance of the Willoughby Land Use Study area from the rest of the study area. Working Together to Serve Our Community Clerk's .. Finance · Human Resources Information Systems · Legal · Planning & Development March 18, 2002 - 2 ~ PD-2002~29 The Study was initiated in part to assist in addressing the deferred Rural Agricultural policies in the City's O ticml Plan and because the C~ty s Committee of Adjustment had granted consent for 10 hectare hobby faire lots contrary to Regional policy. STUDY HIGHLIGHTS: The Agricultural Study, which comprises a combination of farmer surveys, a review of aerial photography and soil maps, as well as field inspections, provides the following interesting The predominant soils in the area are Class 3, some of which are contingent upon proper drainage of the soils. These soils are considered fertile with proper drainage and management. Despite the extra management required to farm these soils, there is a high mount of agricultural activity taking place in the area. With the Willoughby Land Use Study (WLUS) area excluded, 56% of the remaining study area is in production and 80% of the arable land is being fanned. Most farmers own land and rent additional lands to faire. There are a few large farm operators that farm significant percentages of the available farm land. There is a good mix of farming activity, according to survey results, with 50% of fa,hers growing crops, 25% raising livestock and 25% combining the two farming activities. Only 24% of the WLUS area is being farmed and only about 42% of arable land is in production. This is significantly lower than the rest of the study area. This lack of agricultural activity, combined with the Niagara Parks Commission golf course development, a third of the existing area being designated Rural in the Regional Policy Plan, and the area being identified as a discontinuous development corridor in the Regional Plan, distinguishes this area from the larger Agricultural Study area. PLANNING IMPLICATIONS: Based on the findings of the Agricultural Study and the Provincial Policy Statement requirements that prime agricultural areas be protected, the implications are: The lands south of the Welland River, west of the QEW, be protected for agricultural purposes with little severance or development opportunities due to the classification of soils and higher agricultural activity. The City, as part of its Official Plan update, should work with the Region to remove the deferral of the Official Plan policies to address the agricultural capability of the lands west of the QEW; and 3. The policies for the Willoughby Land Use Study area be finalized as previously directed. March 18, 2002 - 3 - PD-2002-29 CONCLUSION: The Study's findings will be a beneficial tool for the City's Official Plan update. The Study confirms the area south of Chippawa, east of the QEW, is not a tree agricultural area opening the door for other land use considerations in accordance with the framework approved by Council for this area. The area west of the QEW is part of a larger regional area where agricultural activity is high and protective polices will be required. Prepared by: David Heyworth Planner 2 Respectfully submitted: Recommended by: Doug Darbyson Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services DH:am Attach. FILE: S 5PDR~2002~PD2002-29.wpd Southeast Niagara Agricultural Study Key Map Town of Grlmsby Town of Lincoln Township of Wssl Lincoln Pelham Regional Municipality of Niagara Legend ~ Southeast Niagara Agricultural Study Area ~ Willoughby Area 1:350,112 ~-~, 8 4 0 8 kilometres Township Walnflsel of Niagara. on-the Willoughby Area of Map 1 POLICE SERVICES BOARD 68 CHURCH STREET, ST. CATHARINES, ONTARIO L2R 3C6 February S, 2002 Tel: (905) 685-0321 Fax: (905) 688-0036 E-maih nrpboard @ nrps.com Website: www. nrps.com E.C. Wagg, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X§ Reference: TAXI LICENCING - Bill 159 An Act to Amend the Highway Traffic Act with Respect to Passenger Vehicles Dear Mr. Wagg: On January 24, 2002 the Regional Municipality of Niagara Police Services Board considered a report dated January 16, 2002 from Ms. Sara J. Premi, Board Solicitor, Sullivan Mahoney, requesting the Board support a Private Member's Bill that will address concerns dealing with the unlicenced taxi industry. The following motion was passed: "That the Board express its support for Bill 159, subject to an amendment that would ensure the new legislation addresses issues dealing with the unlicenced taxi industry in Niagara." Attached is a copy of the above-noted report, enclosing Bill 159, and correspondence from the Board advising of its support in this matter. Further to the Board's direction, I would ask that this information be placed before your Council. It is requested that Council contact the office of Raminder Gill, MPP, in order to advise the Member of its support for Bill 159, subject to an amendment to cover the licencing situation in Niagara. The Board appreciates your consideration of this request for support which will be extremely helpful in dealing with the issues of unlicenced taxicab operations in Niagara. Sincerely, Deb Morton Board Administrator Encl. REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD 68 CHURCH STREET, ST. CATHARINES, ONTARIO L2R 3C6 Tel: (905) 685-0321 Fax: (905) 688-0035 E-maih nrpboard @ nrps.com Website: www. nrps.com FebruarY6,2002 Mr. Raminder Gill, MPP Bramela-Gore-Malton-Springdale 3'~ Floor, Mowat Block 900 Bay Street Toronto, Ontario M7A IL2 VIA FACSEMTI,E & REGULAR MArl, Dear Mr. Gill: I am writing on behalf of the Regional Municipality of Niagara Police Services Board regarding Bill 159, 2001 - an Act to amend the Highway Traffic Act with respect to passenger vehicles. At its January 24, 2002 meeting, the Board considered the pcivate member's bill and passed the following motion: "That the Board express its support for Bill 159, subject to an amendment that wouM ensure the new legislation addresses issues dealing with the unlicensed taxi industry in Niagara." The Board is extremely pleased to support your private membe?'s bill, which has the potential to be of great assistance to deal with the problems of the unlicensed taxi industry in the Niagara Region. However, the legislation as presently dral%d, only makes the new law applicable to situations where the driver of the motor vehicle and its owner are licensed under a municipal by- law passed under paragraph 1 of Section 232 of the Municipal.4ct. The Board's licensing power, which is designated from the Regional Municipality of Niagara, is under Section 106(2) of the Regional Municipalities ,4ct. Therefore, it is requested that Bill 159 be amended to cover the licensing situation in Niagara. The l~gislation would provide the Board with necessary tools to deal with the problems of the unlicensed industry in Niagara. Further, the Board assumes that the Bill will address the legislative changes to the Municipal.4ct with respect to Licensing, should the Bill be expected to ' come into force after ~anuaty 1, 2003. Please feel free to contact the Board office if we can provide additional information or be of further assistance. Your consideratiOn of this request is greatly appreciated and I look forward to your response. Sincerely, Deb Morton Board Administrator The Honourable Tim Hudak, Minister of Tourism, Culture and Recreation Mr. Bart Mares, MPP, Niagara Falls Chair and Members, Niagara Police Services Board SIGNIFICANCE OF BILL 159 TO NIAGARA The Niagara Region Ms t significant problem with unlicenced taxis opera~., particularly in Niagara Fails, W,lhnd and St. Catharines. This problem has been ongoing for almost 10 years. The Police Services Board has been proactive in dealing with the problem by prosecuting pursuant to the provisions of the Board's Licencing By-law and by taking steps in the dvil Courts to bring injunctions and contempt proceedings agah~ owners of the unlicenced businesses. The unlicenced industry presents significant public s.afety !ssues in that vehides em be unsafe and uninsured, andthe background of drivers ~s not mown. Further, given the importance of the tourist indu~tiy in Niagara, k is imperative that tourists have access to' the l,gkirnate licenced taxi indusray whose drivers are teared, and whose vehicles are safe and insured, and that those tourists are protected from the risks associated with the unlicenced industry. This is true not only from a public saf~y perspective, but also from a tourism promotion perspective. In addition, the unlicenced industry takes tens of thousands of do!!=~s of revenue per year away from the licenced industry. The only tools availabl~e to the Board right now to deal with the unlicenced industry are prosecutions under the By-law and thc dvil proceedings. By-law prosecutions, while efficient for the most part, in many cases resort to civil enforcement to deal with unpaid fines. The injunction proceedings ,allow the Board to seek jail tim~ ag~i-st aa individual who continues to violate the By-law however, these proceedings are costly and take a great deal of time. A new Private Member's Bill, Bill 159, has the potential to provide significant assls~mce to Niagara in dealing with the unlicenced industry. The Bill makes it a provincial o. ffe. nce under the Higbeuy Tra~ Act for passengers to be transported anywhere in Ontario m a motor vehicle for compensation unless the driver has the appropriate municipal licence. Once a driver has been convicted of the new offence, should the driver fail to pay a fine, the driver's licence may be suspended until the fine is paid. Further, the proposed legislation amends the Highuny Traff~ Aa to provide the opportunity to refuse m validate a convict~ person's permit until a fine is paid. The legislation, as presendy drafted, speaks to by4aws under the general taxi licencing provision and needs to be amended to deal with the specific situation in Niagara where the taxi licencing authority comes from the Rogkr~ Mun/c/~J/~ Act. However, once the new MunkipalAct comes into force nex~c year, all new provisions apply and the legislation should be amended to address that eventuality. It would be very' helpful if local and regional councils could support this Bill. TOTAL P.002 BARRISTERS & SOLICITORS li?~+i ~.',~,,~ January 16, 2002 Please Reply To St. Catha.,mes Office /4. Delivered The Regional Municipality of Niagara Police Services Board 68 Church Street St. Catharines, ON L2R 3C6 Attention: Mr. Cam Leach, Licensing Chair Dear Mr. Leach: Re: Police Services Board - Licencing Our File No. 40625 Reference: Taxi Licensing - Bill 159, 2001 - An act to amend the H~way Tr~ffic Act with respect to passenger vehicles. Recommendation: That the Board instruct the Board Administrator to contact the office of Rarninder Gill, MPP, in order to advise the Member of Board support for Bill 159, subject to an amendment that would ensure that the new legislation addresses issues dealing with the unlicensed taxi industry in Niagara. Background: As Board members are aware, the unlicensed taxi issue is a huge problem in Niagara. Notwithstanding hundreds of by-law prosecutions as well as civil proceedings against company owners, the unlicensed industry appears to be flourishing. At various licensing committee meetings we have discussed the problem the Board faces in enforcing its by-law against the unlicensed industry. At this point basically the only tools we have are provincial offence prosecutions under the By-law and/or civil injunction and contempt proceedings. By-law prosecutions, while efficient for the most part, require, in many cases resort to civil enforcement to deal with unpaid fines. The civil injunction/contempt proceedings allow us the opportunity to seek jail time for an individual who continues to violate the by-law however these proceedings are costly and take a great deal of time. A private member's bill which has the potential to be of great assistance to us in dealing with the unlicensed industry received first reading on December 12, 2001. A copy of the Bill is attached. ThSs private member's bill, Bill 159, makes it a provincial offence under the Highway TrafficAct for passengers to be transported anywhere in Ontaxio in a motor vehicle for compensation, unless the driver of the motor vehicle and its owner are licensed under a municipal by-law. However, the legislation as presently Sullivan Mahoney LLP, Barristers & Solicitors 40 Queen Street, P.O. Box 1360, St. CaJhannes, Ontario L2.R 6Z2 Telephone: 905.688,6655. Facsimile: 905.688.~814 4780 Portage Road, Niagara Falls, Ontario L2E 6A8 Telephone: 905.357.0500, Facsimile: 905.357.0501 w~v.sulgvan-mahoney.com C. H Mahoney, Q.C. V.F. Muratori. Q.C. P. B Bedard G. A Wiggins P. T BanweU. Q. C T. A R~chardson P.M. Sheehan W. B McKaig J Dallal D. A Goslln C.A. Bain J.M. Gotdi R, B. Cullkon J R. Bush P. A Nlahoney B A. Macdonald M.J. Botlomi G W. McCanrl S. J, Premi C, D'.(qgeJo B. Vacca T. Wall K.A. King J Clark$on A.D. Paterson Of Counsel (Commercial Law): M.D Knluck Page 2 of 2 &afted, only makes the new law applicable to situations where the driver of the motor vehide and its owner are licensed under a municipal by-law passed under paragraph 1 of Section 232 of the Murdcipal Act. The Board's licensing power, which is delegated from the Regional Municipality of Niagara, is under Section 106(2) of the RegionalMunicipalities Act. Therefore it is crucial that we advise the Member's office of the need for this legislation to be amended to cover the licensing situation here in Niagara. As indicated above, Bill 159 proposes to create a new offence under the Highway Tra25C~c Act. Should a person convicted of this offence and fail to pay the fine imposed, that person's driver license may be suspended until the fine is paid. An unpaid fine may also have implications with respect to permit validation. If a person is subsequently convicted of driving while under suspension the Highmay Traffic Act imposes significant fines and/or jail time. This proposed legislation will go a long way in assisting the Board to deal with the issues of the unlicensed industry. Relevant Policy Consideration: Cost of Recommendations: The above noted recommendation does not carry with it any cost. Alternative Options: Not applicable. Reasons for Recommendation: Over the last few years the Board has considered the idea of approaching the Province with a view to special legislation to assist the Board in dealing with the unlicensed taxi situation in Niagara. Bill 159 provides the Board with additional ammunition to deal with the unlicensed problem. Yours very truly, End. cc Bob Muir, Chair cc Board Members cc Deb Morton SULLIVAN, MAHONEY LLP b159 e - wysiwyg://8/http://www, ontla.on.ca.../37_ParliamentJSession2/b159 e.htm Legislatixoe.,.,Ao ssembly Site Map ] Home Members I Bills I House BusinessI Hansard I Committees I Library Visitor Information Links What's New About the Assembly Bill 159 2001 An Act to amend the Highway Traffic Act with respect to passenger vehicles Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. (1) Subsection 7 (10) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1992, chapter 20, section 2 and amended by 1993, chapter 31, section 2, is further amended by inserting "or a fine imposed on conviction of an offence under section 40.1" after "parking infraction". (2) Subsection 7 (11) of the Act, as re-enacted by the Statutes of Ontario, 1992, chapter 20, section 2 and amended by 1993, chapter 31, section 2, is further amended by inserting "or a fine imposed on conviction of an offence under section 40.1" after "parking infraction". 2. The Act is amended by adding the following section: Conveyance or pick-up of passengers prohibited 40.1 (1) Unless all of the conditions set out in subsection (2)' have been met, no driver of a motor vehicle shall, and no owner or lessee of a motor vehicle shall permit a driver to, (a) convey passengers anywhere in Ontario in the motor vehicle for compensation; or (b) pick up passengers anywhere in Ontario for the purpose of conveying them somewhere in the motor vehicle for compensation. Conditions (2) The conditions referred to in subsection (1) are the followhag: 1. The driver of the motor vehicle and its owner or lessee must be licensed under a by-law passed by the council of any local municipality under paragraph 1 of section 232 of the Municipal Act to convey passengers somewhere for compensation. 2. The licences referred to in paragraph 1 must be displayed in or on the motor vehicle. Exception (3) This section does not apply to a public vehicle, as defined in the _Public Vehicles Act, operated under an operating licence issued under that of 3 15/01/02 12:48 PM b 159_e wysiwyg://8/http://www.ontla.on.ca.../37_Parliament/Session2/b 159_e.htm Act. Right of occupier of premises (4) Nothing in this section derogates from the right of an occupier of premises to prohibit a driver of a motor vehicle who does not have a permit, licence or other authorization from the occupier of the premises from picking up passengers on the premises for the purpose of conveying them somewhere in the motor vehicle for compensation and, if the conditions set out in subsection (2) have been met but the permit, licence or other authorization required by the occupier of the premises has not been obtained, this section does not authorize the picking up of passengers on the premises for the purpose of conveying them somewhere in the motor vehicle for compensation. Offence and penalty (5) Every person who contravenes this section is guilty of an offence and, on conviction, is liable, (a) on a first conviction, to a fine of not less than $305 and not more than $5,000; and (b) on each subsequent conviction, to a fine of not less than $500 and not more than $5,000. Subsequent conviction within 10-year period (6) A conviction of an offence under this section more than 10 years after a previous conviction of an offence under this section is not a subsequent conviction for the purpose of clause (5) (b). Same (7) In determining whether a conviction is a subsequent conviction for the purpose of clause (5) (b), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. Commencement 3. This Act comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is the Highway Traffic Amendment Act (Passenger Vehicles), 2001. EXPLANATORY NOTE The Bill makes it a provincial offence under the Highway Traffic Act to convey passengers anywhere in Ontario in a motor vehicle for compensation, or to pick up passengers anywhere in Ontario for the purpose of conveying them somewhere in a motor vehicle for compensation, unless the driver of the motor vehicle and its owner or lessee are licensed under a municipal by-law passed under paragraph 1 of section 232 of the Municipal Act to convey passengers for compensation and the licences are displayed in or on the motor vehicle. The new offence does not apply to a public vehicle operated under an operating licence issued under the Public Vehicles Act. If a person who is convicted of the new offence fails to pay the fine 2 of 3 15/01/02 12:48 PM b159 e - wys iwyg://8/http ://www. ontl a. on. ca.../37_Parl iament/S ess ion2/b 159_e. btm imposed on conviction, section 46 of the Highway Traffic Act provides for a direction to be made under section 69 of the Provincial Offences Act directing that the convicted person's driver's licence be suspended and that no driver's licence be issued to him or her until the fine is paid. In addition, the Highway Traffic Act is amended to provide that if a person who is convicted of the new offence fails to pay the fine imposed ou conviction, a direction may be made under section 69 of the Provincial .Offences Act directing that validation of the convicted person's permit or ~ssuance of a permit to him or her be refused until the fine is paid. The .refusal to validate would apply only to the permit for the vehicle involved In the commission of the offence, by virtue of subsection 7 (12) of the Highway Traffic Act and subsection 69 (4) of the Provincial Offences Act. This document last modified on: Thursday, December 27, 200i 09:34:46 Copyright © 2002 Journals and Procedural Research Branch Office of the Legislative Assembly of Ontario Toronto, Ontario, Canada, email: iO~/r~r~ ~ is~a~gl'it ja ,ola .oix~ .~ of 3 15/01/02 12:48 PM BOARD REPORT Welcome to the first edition of the 'Board Report'. The Niagara Police Services Board will distribute a monthly newsletter, which is designed to report to the members of the police service and interested members of the public, about the activities of the Niagara Police Services Board. PSB Elections Section 28(1) of the Police Services Act states: The members of a board shall elect a chair at the board's first meeting in each year. It goes on to read: The members of a board may also elect a vice-chair at the first meeting... As set out in a media release (see below), the 2002 election saw the return of the current Chair and Vice-Chair. (ST. CATHARINES) - Bob Muir, Regional Councillor, and Allan Magnacca, were the unanimous choice of their colleagues to return as Chair and Vice-Chair respectively of the Regional Municipality of Niagara Police Services Board. Both were elected to serve a second term by the members of the Board at its meeting held on January 24, 2002. "1 want to thank the members for their support, and also thank Chief Gary Nicholls and his team for their leadership and dedication," says Mr. Muir. "I've enjoyed my role with the police services board, and I'm proud of the challenges we've met and overcome. Our goal has to be to meet future challenges with equal skill and enthusiasm." Mr. Muir says his priority is to ensure the police service is well positioned to meet the challenges of a dynamic community, while maintaining a high level of service that is affordable and sustainable. Since 1985, Mr. Muir has spent his educational career in the Niagara area and retired in 1997 as Principal after 33 years of dedicated sen/Ice. He served as Councillor for the City of Welland from 1985 to 1994 and is currently serving his second term on Regional Council. Mr. Muir was appointed to the police services board in December 1997. Mr. Magnacca, a long time resident of Niagara-on- the-Lake, was appointed to the Board by the provincial government in October 1998. He is President of Magnacca Consultants an interim management company. Mr. Magnacca has been affiliated with the military for over 35 years and holds the rank of Lieutenant Colonel. He is an active member of a number of community groups. Volume 1, Issue I "1 want to thank the members for this opportunity," says Mr. Magnacca. '~Ne have a knowledgeable, committed group, and it is an honour to serve with them. I very much look forward to 2002, and to working with the Board and the police service on meeting our goals and objectives." Public Licensing HearinR On Monday, January 14~, the Police Services Board held its annual public hearing with members of the vehicle transportation and adult entertainment industry. The hearing allowed the Board to receive comments and feedback from the industry on their licensing experience within the past year. The vehicles industry discussed concerns pertaining to illegal taxi operations, vehicle license quotas, and fee schedules. The adult entertainment industry discussed revisions to the existing Adult Entertainment Licensing By-law. Specifically, this included replacing the current registration process for entertainers with a full licensing requirement - similar to that of adult entertainment owners, taxi drivers, salvage yard owners; and stdcter guidelines to deal with the problem of adult entertainers working illegally in Canada. To address this issue, it was proposed that an entertainer would be required to obtain an immigration clearance certificate from Immigration Canada and be required to present this certificate to the police as a pre-condition to obtaining a license. The Board's Licensing Committee anticipates that final recommendations will be made to the full Board at its next meeting. Unlicensed Taxi Legislation The Board considered a private member's bill, put forward by Raminder Gill, MPP, with proposed amendments to the Highway Traffic Act with respect to passenger vehicles. provincial and local REGIONAL COUNCILLOR MAYOR WAYNE THOMSON The Bill, if passed, would address issues dealing with the unlicensed taxi industry in Niagara. It would make it a provincial offence under the Highway Traffic Act for passengers to be transported anywhere in Ontario in a motor vehicle for compensation, unless the driver of the motor vehicle and its owner are licensed under a municipal by-law. However, the legislation as drafted, only makes the new law applicable to situations where the driver of the motor January2002 vehicle and its owner are licensed under a municipal by-law passed under paragraph 1 of Section 232 of the Municipal Act. Since the Board's licensing power is delegated from the Regional Municipality of Niagara, under Section 106(2) of the Regional Municipalities Act, it will need to request an amendment to the legislation to cover the licensing situation here in Niagara. The Board adopted the following motion: ~'l'hat the Board express its support for Bill 159, subject to an amendment that would ensure the new legislation addresses issues dealing with the unlicensed taxi industry in Niagara.' Over the past few years, the Board has considered the idea of approaching the Province with a view to amend legislation to assist the Board in dealing with the unlicensed taxi situation in Niagara. Bill 159 provides the Board with the additional ammunition to deal with the unlicensed problem. Relocation of Board Offices The Police Services Board offices have recently relocated from Niagara Regional Police Headquarters, (located at 68 Church Street) to the 2nd Floor at 110 James Street In St. Catharines. However, the mailing address, telephone and fax numbers remain unchanged. All future Police Services Board meetings will be held on the 4th Floor at 110 James Street, St. Catharines. Next Meeting: Thursday, March 7, 2002 A Fond Farewell On Thursday, January 24~h, the Niagara Regional Police Service held a retirement dinner in honour of Superintendent Hank Harley. Members of the police services board attended this function and were proud to share in this memorable celebration. Individuals from various law enfomement agencies were in attendance in addition to his many friends and family members. It is with heartfelt wishes that the Board extends their gratitude for Superintendent Harley's professionalism and 40-year dedication to policing. Service Commendations The Board would like to recognize members who received service commendations, which exemplify the high quality of service provided to the residents of the Niagara Region: · Sergeant Daniel D'Amlco - For his outstanding dedication, effort and persistence in facilitating and coordinating the construction of the NRPS training facility. · Constable Ken Wegelln and Police Service Dog Max (Retired) - For quick thinking and action in apprehending an armed robber with the help of Police Service Dog Max. Sergeant Carl Scott, Constable George Arseneau, Constable Lulgl Graco, Constable Hablb Rangl, Constable Pam Carter, and Police Service Dog Scout - For displaying exemplary professionalism while bringing a safe conclusion to a police pursuit involving two unstable and erratic persons. · Constable Rlcardos Lukos and Constable Christian Rawson - For displaying a high degree of professionalism in the apprehension of a person in a stolen vehicle who was part of an auto theft ring. · Detective Constable Nadlns Wallace - For exempla~ effort, persistance and dedication in the successful investigation of an international child abduction. Constable Timothy Packer and Constable Arturo Qulnonez - For initiative and keen investigative skills in locating a parole violator involved in criminal activities. Constable Luigl Graco - For displaying professionalism and quick thinking during a routine traffic stop, which resulted in the arrest of a suspect armed with a handgun. Constable Brian Blelch - For his quick thinking and action in apprehending a person responsible for a hit- and-run accident. Constable David Gomez and Constable Sandy Stanlforth - For displaying exemplary professionalism while bringing a safe conclusion to a situation involving a suicidal person, armed with a knife, whom would have likely otherwise died. Civilian Mrs. Viola Knudson - For her outstanding effort and assistance in locating two missing children on her way home from work. Published by: Regional Municipality of Niagara Police Services Board 68 Church Street St. Catharines, Ontario L2R 3C6 (9O5) 685-0321 Website: www. nrps. com E-marl: nrpboard@nrps, com Volume 1, Issue 1 Page 2 January 2002 · THE FUND. February 21, 2002 Mayor Wayne Thomson Mayor's Office 4310 Queens St. Niagara Falls, Ontario L2E6X5 Dear Mayor Thomson: The Fresh Air Fund is preparing for its 125th Anniversary of providing free summer vacations in the country to underprivileged children from New York City. This summer, nearly 6,000 boys and girls between the ages of six and 18 will participate in the Friendly Town Program. They will visit the homes of volunteer host families living in rural and suburban communities throughout 13 northeastern states and Canada. Hundreds of New York City youngsters will be visiting volunteer host families in and around the Niagara Falls, Ontario area. Since 1877, The Fresh Air Fund has provided free country vacations to more than 1.7 million disadvantaged youngsters. Fresh Air Fund children leave hot city streets behind for two weeks of simple summertime fun - running through grassy fields, swimming in country lakes, catching fireflies at dusk, and sleeping under skies filled with stars. For many of these children, a free Fresh Air vacation is their first experience away from the inner-city. More than 65% of Fresh Air Fund youngsters return to visit host families year after year. There are many more New York City youngsters who can benefit from summer days spent in suburban and small town communities. We would greatly appreciate your help with reaching out to families who might enjoy hosting Fresh Air Fund children this summer by proclaiming "Fresh Air Fund Day in Niagara Falls" on March 20, 2002. Your participation will be a great help to the host recruitment efforts of our volunteer leaders in your state. Enclosed please find a sample proclamation and background materials for your review. Thank you for your time and consideration. thau Executive I~rector FEB 2 ? 2O6 MAYOR Deanna Rudyk Port Colborne (905) 835-1656 633 THIRD AVENUE d NEW YORK, NY 10017 · (212) 897-8900 · E-mail: freshair@freshair.org · Web page: www.freshair.org Officers: Arthur Ochs Sulzberger, Chairman Emeritus · Mrs. Donald Newhouse, Chairman of the Board · Sharon Saul Davis, President · Ruth W. Houghton, Vice President · John N. Irwin ltl, Vice President * Winthrop Rutherfurd, Jr., Secretary · Derrick D, Cephas, Treasurer · Directors: Tom A. Bemstein · Mariah Carey · John G. Davis · Barbaralee Diamonstein-Spielvogel · Wendy R. Flanagan · Simon P. Gourdine · C. Stephen Heard, Jr. · Tommy Hilfiger · Mrs. Elston Gene Howard · Howard B. Johnson · Judith A. Langan * William P. Lauder · Joseph J. Magliocco * Eugene R. McGrath · Katherine M. Morris · Kenneth F. Mountcasfle, Jr. · Caryn Nathanson · Robert L. Pressman · Brandon Reid · Jacqueline Albert Simon · Cynthia Sulzberger · Sidney Sutter · Stuart B. Upson · Marc P. Weill · Janice Savin Williams · Life Directors: Mrs. H. Lawrence Bogert · Whit°law Reid Executive Director: Jenny Morgenthau FOOD STORE ~S6-128 g05 371 3300 P.02×02 The Gmat Atlantic & Padfic Company of Canada Umited February 26, 2002 Mayor and Councillors Deputy City Clerk City of Niagara Falls RE: Municipal Exemption Request Retail Business Holidays Act for A&P Food Store - 3770 Montrose Rd., Niagara Falls ON L2H 3K3 Store Opened January 18, 2002 We are requesting a municipal exemption from the Retail Business Holidays Act, allowing the A&P Food Store at 3770 Nontmse Rd., Niagara Falls ON L2H 3K3, which opened January 18, 2002, to open on statutory ho[idays between the hours of 9:00 a.m. and 6:00 p.m, except for Christmas Day, New Year's Day, Good Friday and Easter Sunday or as deemed acceptable under the Holiday Closing Provision of the ~ We previously had municipal exemption from the Retail Business Holidays Act, allowing the A&P Food Store located at 6770 McLeod Rd, S., Niagara Falls ON L2G 3G6, to open on statutory holidays between the hours of 9:00 a.m. and 6:00 p.m. except for Christmas Day, New Year's Day, Good Friday and Ea~er Sunday. The 6770 McLeod Rd. S, Niagara Falls ON L2G 3G6 Store closed on January 12, 2002. We request that you bring our application before Council and look forward to a favourable outcome to our request. Thank you, truly, Margar~-/rvlcKibben Manager, Operations C: Gerald White, Store Manager- 3770 Montmse Rd. - Store 128 Fred Torrie, Controller 5559 Dundas Str~i~,~-[l~l~icok~, Ontario MgB 189 P,O, 80x 68, Station "~,: To~on~n, On[ado NSW:LA6 Tele~ho~le: 416/239-7171 TOTRL. P. 0~ Clerk's Department Inter-Departmental Memorandum To: Mayor Wayne Thomson & Members of Council Date: ]'he City of ~1~11~ Nlogoro Follslll~ March 18, 2002 From: Dean Iorfida City Clerk Ext. 4271 Subject: Request from the Great Atlantic & Pacific Company of Canada Ltd. (A&P) for a Statutory Holiday Exemption For your information: The jurisdiction for granting an exemption to statutory holiday closing rests with the Region, not the municipality. The Region has a by-law that provides a City wide exemption for businesses which are less that 2400 square feet in retail space. A business greater than 2400 square feet must apply to the Region for an exemption. The Region will have a public meeting regarding the application and the applicant must demonstrate that they meet the Tourism exemption criteria of the Retail Business Holiday Act. The A&P are seeking the local Council's support as part of their application to the Region. PLANN~NG~EET1N~_ ~A__R_~ t B W odOn0 Tooet~er to Serve Oar Comm}mit~ NIm. F~LS CLERKS 02 0~19 11,14 where history and innovation thrive City of Kingston 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 Website: www. city, kingston.on.ca Hearing Impaired Telephone: 711 2002-02-13 All Municipalities in Ontario With a Population over 50,000 ATTENTION: CLERKS/ADMINISTRATORS Dear Sirs: MOTION - LENNOX GENERATING STATION - KINGSTON CITY COUNCIL MEETING 05A- 2002 - FEBRUARY 12, 2002 This will confirm that City Council at its regular meeting held on February 12, 2002, approved the attached Motion (6) regarding funding to help municipalitie~ pay for items such as the maintenance and upkeep or roads by allocating a portion of provincial gasoline taxes to municipalities and regarding a full review of other provincial revenue sollrce$. Sincerely, Carolyn Downs Manager Council Support/City Clerk CC: Councillor S. Garrison File No. M09, Al6 PLANNING )~EEi'iNG. ~AF~ j 8 '~" Council Support Division Corporate Services Phone: (613) 546-4291 ext. 1247 Fax: (613) 546-5232 cdowns@city.idngston.on.ca MOTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF KINGSTON Motion (6) - February 12, 2002, Meeting No. 05A-2002 (6) Moved by Councillor Gardson Seconded by Councillor Rogers WHEREAS Municipal taxpayers have been f, r~ed to take on the financial responsibility ~or services and programs previously provldeT~· and administered by the provincial government, including what were formerly provincial highways, and; WHEREAS, despite the massive download, the provincial government have failed to provide municipalities with enough new sources of substantial revenue in order to handle the download, and; WHEREAS according to the Federation of Canadian Municipalities, government funding provided to municipalities since 1995 as a proportion of total municipal revenues to 18%, lower than funding levels=in the CJ.3.A. or Europe, and; WHEREAS Prince Edwal'd Island, Alberta, British Columbia and Quebec currently allocate a portion of provincial gasoline taxes to their municipalities; THEREFORE BE IT RESOLVED THAT Kingston City Council demand that the Province of Ontario provide additional funding to help municipalities pay for items such as the maintenance and upkeep of roads by a/locating a portion of provincial gasoline taxes to municipalities, and; BE IT FURTHER RESOLVED THAT Kingston City Council insist that no further downloading of services takes place in the Province of Ontario, and; BE IT FURTHER RESOLVED THAT Kingston City Council request that the Ontario government undertake a full review of other provincial revenue sources, in consultation with municipalities, to determine which of these revenue sources should be given in total or in part to municipalities in recognition of the added financial responsibilities municipalities now have as a rasuit of downloeding, and; BE IT FURTHER RESOLVED THAT copies of this resolution be circulated for comment and endorsement to all municipalities of Ontario with a population over 50,000, Premier Mike Harris, Ontario Liberal Leader Dalton McGuinty, Ontario NDP Leader Howard Hampton, John Gerretsen (MPP), Tony Clement (MPP) Chris Stockwell (MPP), Elizabeth Witmer (MPP), Jim Flaherty (MPP) and Mr. Emie Eves. CARRIED PLANNING/COUNCIL MEETING Monday, March 18, 2002 Order of Business and Agenda Package BOOK #2 The City of · Niagara Falls J Canada Community Services Department Municipal Works 43'10 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.cit¥.nia~qarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 357-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002.t 0 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-10 - Release of Registered Drain Lots 18, 19, 20, 21, 22 and 23, Plan 164 RECOMMENDATION: That the City releases all interests and rights associated with a fomier open channel watercourse located on Lots 18-23 inclusive on Plan 164. BACKGROUND: When Plan of Subdivision #164 was registered in 1953, a storm drain existed on these lands extending from St. Andrew Street to St. George Street in the former Township of Stamford. (See attached sketch.) Registered drains are a common way of providing storm water drainage in rural areas. Since registration of the Plan in 1953 and, more recently, with the development of the Wiens Estates Subdivision (59M-291), storm sewers were constructed in the area rendering this old registered drain redundant, therefore, it can now be dispensed with. Although this drain is not referenced on the title of the subject properties, it has complicated recent real estate transactions due to its undetermined status. By releasing the City's interest in this drain, by Council resolution, this matter can be effectively resolved. Prepared by: ~ Manager of Development Respectfully submitted: / ///John MacDonald ' O' Chief Administrative Officer Recom, men~ed by: Ed Dujlo~c, P. Eng. Director of Municipal Works Attachments V:L2002COUNCIL~2002 03 t 8~HW-2002- I 0 Release of Reg Drain wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law .--I,." '..'..'"' .... ·..... ~''':'/,,~/;".;~., ..... : ': The City of Niagara Falls t Canada Community Services Department Municipal Works 4310 Queen Street P,O. Box 1023 Niagara Falls, ON L.2E 6×5 web site: www.cit¥.nia.qarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 357-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-32 March 18, 2002 His Worship MaYor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-32 Beaverdams Road Traffic Operations Review and Environmental Assessment Studies Consultant Selection RECOMMENDATION: It is recommended that the City engage the engineering services of McCormick Rankin Corporation to assist staff in the preparation of the Beaverdams Road Traffic Operations Review Environmental Assessment Study. BACKGROUND: On November 20th, 2001, the Parking and Traffic Committee considered report MW-2001-133 and adopted a recommendation directing staff to "proceed with arrangements for a public workshop following Schedule 'B' of the Municipal Class Environmental process for Beaverdams Road, between Lundy's Lane and Kalar Road, involving the residents, business owners and the general public to provide possible solutions to reduce the speeds on Beaverdams Road." This recommendation was ratified by City Council at its meeting on November 26th, 2001. Municipal Works and Parking and Traffic Services staffhave developed the terms of reference for this study and have requested a proposal from McCormick Rankin Corporation, a reputable consulting engineering firm which specializes in this field of transportation engineering. Attached for your review is a copy of the work program and summary of costs totalling $32,225 plus taxes. Although the 2002 Capital Works Budget is yet to be approved, staff ±s recommending preapproval in order to complete this work within the prescribed time-frame scheduled to end this June. Note that $50,000 was transferred from last year's Parking and Traffic Operating Budget to the 2002 Engineering Studies Budget for this particular project. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation 8, Culture · Business Development · Building & By-Law 2002-03-18 - 2 - MW-2002-32 A standard engineering agreement will be prepared pending the outcome of your consideration of this recommendation. GeoffHolman Manager of Development Respectfully submitted: Ct,,- Cliief AdmD?n-nlsaltldative Officer Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works Attachments GH:Ib S:~REPORTS~2002 RepoilshMW-2002-32.wpd CITY OF NIAGARA FALLS BEAVERDAMS ROAD- TRAFFIC CALMING MUNICIPAL CLASS EA-SCHEDULE B McCormick Rankin Corporation City of Niagara Falls Municipal Class EA - Schedule B Beaverdams Road Traffic Calming TABLE OF CONTENTS Page 2__. 3__. 4__. 5-- 6-- INTRODUCTION .............................................................................................................. 1 BACKGROUND ................................................................................................................ 1 THE CONSULTANT'S ROLE ......................................................................................... 1 WORK PROGRAM .......................................................................................................... 1 ORGANIZATION AND STAFFING .............................................................................. 5 BUDGET AND SCHEDULE ............................................................................................ 5 APPENDICES McCormick Rankin Corporation February 12, 2002 i City of Niagara Falls Municipal Class EA - Schedule B Beaverdams Road Traffic Calming 1. INTRODUCTION The City of Niagara Falls recently completed an Area Traffic Operations Review for the Beaverdams Road, Watson Street and surrounding subdivisions. This was a very detailed traffic/transportation review which included neighbourhood consultation resulting in a series of improvement strategies for Watson Street and Beaverdams Road. Specifically to Beaverdams Road, the report recommended that staffproceed with the preparation of a Municipal Class Environmental Assessment Process (Schedule B) that would implement traffic calming initiatives between Lundy's Lane and Kalar Road. The City has requested that MRC provide a proposal that provides for the preparation and filing of a Class EA Schedule B Project File for traffic calming measures along Beaverdams Road. This study would include a review of previous work undertaken as well as looking at the full range of traffic calming measures to reduce vehicle-operating speeds along Beaverdams Road. 2. BACKGROUND City staff from the Traffic and Parking Services Section has undertaken a significant amount of work detailing existing conditions, existing traffic characteristics and neighbourhood consultation related to both Watson Street and Beaverdams Road. This review and analysis has indicated that speeding is the issue along Beaverdams Road and that traffic calming measures should be implemented. The implementation of traffic calming requires that a Schedule B Class EA process be followed. 3. THE CONSULTANT'S ROLE The role of MRC is to provide the City with a peer review of the work and analysis undertaken by City staff to confirm the type and magnitude of the traffic operational problems along Beaverdams Road, and that the traffic calming measures proposed by City staff reflects the full range of alternatives. Based on the analysis, McCormick Rankin will prepare and file a Class EA Schedule B project file. 4. WORK PROGRAM The following work program has been structured to conform to the requirements of the Municipal Class EA Schedule B requirements. The June 2000 Municipal Class Environmental Assessment requires that implementation of Traffic Calming Measures (installation or removal) costing less that $1.5 million follows the Schedule B guidelines. Formal planning of Schedule B projects ends at the conclusion of Phase 2, which in effect requires: Phase 1: Problem or Opportunity Statement McCormick Rankin Corporation February 12, 2002 1 City of Niagara Falls Municipal Class EA - Schedule B Beaverdams Road Traffic Calming · Identify Problem or Opportunity · Discretionary Public Consultation McCormick Rankin Corporation February 12, 2002 2 City of Niagara Falls Municipal Class EA - Schedule B Beaverdams Road Traffic Calming Phase 2: Alternative Solutions · Identify Alternative Solutions · Consult/Review with Agencies and Public · Select Preferred Solution · Notice of Completion A brief description of the proposed work tasks are: Project Initiation The initiation of this project requires a meeting to review the proposal and prepare a detailed study design and a Notice of Study Commencement. It is assumed that the City will be responsible for placement of advertisement in the local paper and a hand delivery to the local neighbourhood. Problem/Opportunity Statement City staff have undertaken a very detailed analysis of the existing operating conditions that resulted in the conclusion to implement traffic calming measures to reduce speed on Beaverdams Road. MRC will undertake a review of previous analysis as part of reaffirming the Problem Statement. We anticipate that additional data collection will be required to supplement the existing database and have assumed that MRC will provide the data collection that reflects a speed survey with licence plate recorded. This data would help quantify if the speeding vehicles are local or long distance which are key inputs in the establishment of a problem statement. Development of Alternatives City staff have provided a review of possible traffic calming measures to reduce speed on Beaverdams Road. MRC would provide an independent analysis of available traffic calming measures to ensure that all possible measures are addressed. It is our intent to develop a range of alternatives with the Project Team that best addresses the problem. These alternatives and supporting data would be discussed in a neighbourhood workshop that would allow consultants, City staff and neighbourhood residents the oppommity to develop a Traffic Calming Plan for Beaverdams Road. MRC would be responsible for workshop,organization and presentation. The City would be responsible for renting the hall or school. Past experience in traffic calming studies suggest that it is difficult to reach a consensus of measures to be implemented and where they should be located. Therefore, it will be necessary to get people attending this workshop as individuals and not neighbourhood representatives. The purpose of the workshop is to develop a Traffic Calming Measures plan from which functional plans can be prepared to illustrate how the measures are designed and to identify constructability issues that may arise (i.e. modifications to storm drains etc.) The workshop provides the public with the opportunity to comment and allows the City to be responsive to the public concerns. McCormick Rankin Corporation February 12, 2002 3 City of Niagara Falls Municipal Class EA - Schedule B Beaverdams Road Traffic Calming An evaluation of the alternatives will be undertaken by consultants and City staff in the preparation of a preferred traffic calming measures plan. Preparation of Functional Plans Functional plans of the traffic calming alternatives will be prepared at 1:1000 scale in order to identify any constmctability issues, provide a basis for cost estimates and provide the City with the design guidelines for implementation. Current base mapping is assumed available from the City. Public Information Centre A Public Information Centre is required to present the alternatives under consideration and outline a preferred traffic calming measures plan. We would suggest that this PIC be held from 5:00 p.m. to 8:00 p.m. Between 5:00 p.m. and 7:00 p.m., an informal walkthrough of presentation material would be provided for the public review with consultants and City staff being available for questions. A formal presentation followed by a Question and Answer period would occur between 7:00 p.m. and 8:00 p.m. MRC would be responsible for preparing the advertisement for the local paper and for circulation to neighbourhood homes. It is assumed that the City would be responsible for placing the PIC advertisement in the local paper, carrying out a neighbourhood distribution walk and renting the facility for the PIC. MRC would also provide a summary of the PIC proceedings and written responses to comment sheets received. Preparation and Filing of Schedule B The traffic calming measures plan would be finalized based on comments received from the PIC. A Schedule B project file would be prepared and a Notice of Study Completion advertised in the local paper. The cost of the advertisement would be a City responsibility. The Schedule B project file would include: * A description of the undertaking and problem being addressed · A discussion of initial alternatives · An overview of Public/Project Team Workshop · An overview of PIC meeting · Recommended undertaking · Functional plans · Implementation Strategy McCormick Rankin Corporation February 12, 2002 4 City of Niagara Falls Municipal Class EA - Schedule B Beaverdams Road Traffic Catming Management & Reporting Our work program assumes that three meetings are required with City staff through the course of the project and attendance at one council meeting. MRC will provide the City with supporting documentation for reaffirmation of problem statement, and development of alternatives. ORGANIZATION AND STAFFING MRC is proposing that Mr. Jack Thompson be the Project Manager for this study. Jack would be assisted by Mr. Bob Rook, P.Eng. providing the functional design expertise and Mr. Scott Former, P.Eng. providing traffic engineering expertise. A brief summary of the key staff members is presented below with detailed resumes provided in the Appendix. Jack Thompson, a senior transportation planner with MRC will be the project manager of this study. Jack has over 25 years experience in traffic/transportation ranging from strategic planning to Municipal Class EA for street improvements. Jack has experience with the planning of traffic calming measures in Burlington as part of a larger Class EA study for a new railway crossing and the associated public consultation/consensus building required in dealing with local neighbourhood issues. Bob Rook, P.Eng., a senior roadway design engineer will provide assistance with development of traffic calming measures, and guidance with respect to constmctability and implementation. Bob has designed and constructed traffic-calming measures within the Town of Oakville and undertaken several Class EA studies for roadway improvements. Scott Fortner, P.Eng., a traffic engineer with over l0 years experience will assist in the review of existing conditions and the organization and analysis of required data collection throughout the survey period. Scott has been involved in detailed traffic assessments for several municipalities within the Greater Toronto Area. B BUDGET AND SCHEDULE A detailed breakdown of major work tasks and individual responsibility is presented on Table 1. The total cost for undertaking the Schedule B is estimated at $32,225 (excluding GST). The proposed project schedule reflects a project initiation in March 2002 and completed in early June 2002. Key milestones for the proposed project are: Early March · Late March · Early April - Project Initiation - Traffic/Speed Data - Problem Statement McCormick Rankin Corporation February 12, 2002 5 City of Niagara Falls Municipal Class EA- Schedule B Beaverdams Road Traffic Calming · Late April · Late May · Early June - Development of Alternatives/Workshop - Public Information Centre - Prepare and File Schedule B The above noted study milestones are subject to review and discussion with City staff as part of the review of proposal and finalization of study design. McCormick Rankin Corporation February 12, 2002 6 Table 1 Schedule B - Traffic Calming Beaverdams Road Proposed Work Program and Staff Allocation (Person Days) Major Work Tasks Jack Bob Thompson Rook Support Project Manager Design Engineer Staff Total Review of Proposal and Study Design Prepare Notice of Study Commencement Review of Previous Analysis Survey Data Collection and Analysis Reaffirm Problem Statement Development of Alternatives Project Team Workshop (Public/Project Team) Prepare Functional Plans PIC (Preparation I Attendance) PIC Comments Finalize Alternative Plans Prepare Schedule B File Report File Notice of Completion Management and Reporting Meetings - City 0.5 0.5 1.0 1.0 0.5 2.0 1.5 2.0 1.0 3.0 0.5 2.0 2.0 1.0 1.0 0.5 0.5 0.5 0.5 1.0 3.0 1.0 2.5 2.0 5.5 3.0 2.0 5.0 1.0 1.0 1.5 1.0 4.0 2.5 Total Profession Time 15.5 5.0 13.0 24.0 Total Professional Fees Disbursements General Disbursements (mileage, xerox etc.) Survey and Data Collection Total Costs $14,725 $6,000 $7,800 $28,525 $1,200 $2,500 $32,225 The City of Niagara Fall~ Canada 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-2002-33 File G-180-14 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario March 18, 2002 Members: RE: MW-2002-33 Idling of Buses - "Spare the Air" Campaign RECOMMENDATIONS: It is recommended that: 1) 2) Council authorize Staff to proceed with the development of a campaign to reduce bus idling in the City of Niagara Falls through a partnership with the Niagara Parks Commission; and Council support the Niagara Parks Commission (NPC) application to the Ministry of the Environment (MOE)for funding of the Program. BACKGROUND: Over the years, the issue of bus idling around the City has been contentious and with the continual increase in tourism related bus traffic, the bus idling problem will continue to grow. In an effort to combat the problem, a by-law was passed in October 1998 to control the idling of vehicles in the City of Niagara Falls. Although, we have this by-law available to us, it is both difficult to enforce and manpower intensive, as well, if heavily enforced, it may possibly have a negative impact on our bus tourism component. To date, there has not been a single charge laid under this by-law. Faced with the same issues, the NPC decided to take a public awareness approach to curtailing the bus idling problem. Through a MOE funded program, the NPC hired the firm of Urban & Environmental Management Inc. to develop (and monitor) a public awareness campaign to impress on the bus drivers the environmental damage caused by bus idling. The program was launched in 2001 and was considered a major success based on the fact that the bus idling times were reduced from an average of approximately 60 minutes at the start of the season to less than 5 minutes near the end of the season. The program involved the installation of signs in key areas and the distribution of information pamphlets to bus drivers entering the park, as well as, direct mailings to various bus companies who frequent the park. March 18,2002 -2- MW-2002-33 It is the intent of the NPC to continue the program for 2002 and part of their future mandate is to establish partnerships with the City of Niagara Falls, the Towns of Niagara-on-the-Lake and Fort Erie as well as other agencies. Therefore, rather than develop our own program, Staff are proposing to work together with the NPC and it's partners to expand their existing program. In addition, through the approval of the recommendations outlined above, we are supporting the NPC's application for additional funding from the M.O.E. to carry out the expansion. Council's concurrence with the recommendations outlined in this report would be appreciated. Recommended by: ~l~ren, C.E.T. ~Ma~ ager of Traffic & Parking Services Ed Dujlovic, P. Eng. Director of Municipal Works Respec~y~gS~ ~acDonald ~/ Chief Administrative Officer S:\TRAFFIC~EPORTSL2002',2002 CouncilkMW-2002-33 .wpd The City of Niagara Falls Canada 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) 357-2354 E-mail: munwks@city.niagarafalls.on.ca MW-2002-34 Ed Dujlovic, P. Eng. Director March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-34 Front Street, Chippawa Parkway, Reilly Street ' Temporary Closure Recommendation: It is recommended that this report be received for information. Background: In December of 2001, Council awarded tender 0 l- 180-99 Front Street/Chippawa Parkway Trunk Sanitary Sewer and Watermain Replacement. These works will be constructed at a depth of over 9 metres in certain areas. This will require the temporary closure of the roads. Staff will be advertising in the paper and delivering notices to the affected properties. The contractor will maintain alternative accesses, where feasible. In all cases,we will try to minimize the impacts. Your fav/~ble approval of this / / Darrell E. Smith, P.Eng., Manager of Engineering Services report is appreciated. Respectfully submitted by: Appr,.ov~d by: Ed Dujlovic, P. Eng. Director of Municipal Works Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2002-36 File G-180-15 Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca March 18, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re~ MW-2002-36 By-law Wording Changes - By-Law Nos. 89-2000 & 96-50 RECOMMENDATIONS: It is recommended that the amendments to By-Law No. 89-2000, being a by-law to regulate Parking and Traffic on City Roads and By-Law No. 96-50, being a by-law to establish regulate, supervise, govern and charge fees in municipal parking lots, appearing later on tonight's agenda, be approved. BACKGROUND: City Council approved an adjustment to set fines for parking infractions late in 2001. The City's submission to the Ministry of the Attorney General has resulted a need for some minor wording changes to the parking and traffic by-law and the municipal parking lot by-law, before the Ministry will grant approval of the new set fines. The proposed changes are outlined on the by-laws appearing later on tonight's agenda. Council~ concurrence with the recommendation outlined in this report would be appreciated. Karl Dren, C.E.T. Manager of Traffic & Parking Services Approve~ by: Ed Dujlovic, P. Eng. Director of Municipal Works V;~002COUNCIL~2002 03 18~MW-2002-36 Bylaw Word Chaages wpd Respectfully Submitted by: j ~cD~ona~d~ Chief Administrative Officer The City of Niagara FallsI Canada 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) 35§-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca March 18, 2002 Ed Dujlovic, P. Eng. Director MW-2002-37 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-37 Tender NP-01-2002 Supply of Bituminous Patching Materials and Asphalt Emulsions RECOMMENDATION: It is recommended that the tender for the supply of materials as listed below, be awarded as outlined on the attached summary sheet. BACKGROUND: Tenders for the supply of hot and cold mix asphalt materials were called by the Niagara Purchasing Committee in 2002. Rankin Construction was low bidder for all hot mix asphalt items. However plant locations (Vineland) would erode any savings on low volume purchases because of transportation costs. Depending on transportation costs (location of work) and volume of materials being purchased, asphalt will be supplied by Welland Paving, Hardrock Paving, Lafarge Construction Materials and Walker Brothers. Depending on supplier,the cost of asphalt varies from a 5 percent decrease to a 3 percent increase over 2001 prices. Matrex Company was low bidder for cold mix asphalt quoting 51.95/tonne (53.85/tonne delivered) representing a 7 % decrease for delivered cold mix asphalt over 2001 prices. This cold mix asphalt has not been used in the past and would be purchased on a trial basis and ~ts performances monitered. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws MW-2002-37 - 2 - March 18, 2002 Recommended by: Douglas Good, C.E.T. Operations Superintendent Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted by: John Mac~ ~dministrative Officer /SC Attachment NPPC Tk;NDER # NP-01-2002 BITUMINOUS PATCHINg3 MATERIALS AND ASPHALT EMULSIONS TENDER. SUMMARY ITEM QTY RANKIN HAP, D P, OCK LAFAROE WALKER WI~I.I .AlqD MATRP-,X QPR nqc. QpP,. llgC. IlqlqOVATIVI~ CAYUO~I] ¢rONNES) CONSTK' PAVING CONK[ MTLS BROTHERS PAVnqG COMPANY (Div - L~f~ge) (Div - t_~rge) Munic Products MA~J~ I-H.2 1750 $ 56.00 $ 57.75 $ 58.00 $ 59.25 $ 57.30 NO NO NO NO NO HL2A 1300 $ 56.00 $ 58.25 $ 57.70 $ 58.90 $ 57.30 BID BID BID BID BID HL3 1400 $ 52.00 $ 53.25 $ 53.OO $ 54.00 $ 54.OO HL3A 1000 $ 54.00 $ 54.00 $ 53.50 $ 54.75 $ 54,50 HI3C* -- $ 54.00* $ 5425 $ 54.20* $ 55.75* I-1L4 550 $ 51.00 $ 52.75 $ 57.00 $ 5g.00 $ 53.00 HL8 2500 $ 50.00 $ 51.5'0 $ 55.00 $ 53.00 $ 52.50 I SHEET TOP 600 $ 57.00 $ 59.75 $ 60.00 $ 62.00 TOTAL $484,850.00 $498,950.00 $509,000,50 $512,207.50 PARTIAL BID DEL. \TONNE N/A upon _l'eq,~,,'~t 'N/A /q/A N/A Plant location: Vi~e!~a 2 loentltma 2 !'~''~a''n~ 'I'aorold Welland I.,oeust ITtll Port Colb~ne ASI-~ALT 2,000 NO BID NO BID lqO BID $1.35/LITRE NO BID lqO BID NO BID NO BID NO BID EMULSION L1TRF~ [pREM. QPR 1,000 lqO BID NO BID $85.00/TONNE $51.951TONNE $55.00/TONNE $50,50/T01qNE $57.50/T0'NNE NO BID STD. E.H.P. TObrNES $60.00/TONNE TOTAL $85,000.00 $51,950.00 $55,000.00 $50,500.00 $57,500.00 $60,000.00 ; ~ (PLUS DELIVERY) (PLU~DELIVERY) (DeL Ineladed) DEL/TONNE N/A N/A N/A N/A Iq/A $53.$5/TONN~ N/A $55.10/TONNE Included NO BID PLANT OPEN May-Dec April-Dee Apr 1-Dec 31 Apr 15 -Dec20 Apr 1-Dee 1 AIl Year AIl Year AIl Year AIl Year * TOTALS DO NOT INCLUDE PRICE ONLY RE( UF-,ST FOR HL3C PRODUCT The City of Niagara Falls Canada Community Services Department Municipal Works 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: munwks@city.niagarafalls.on.ca His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2002-38 Tender NP-02-2002 For The Supply Of Ready Mix Concrete March 18, 2002 Ed Dujlovic, P. Eng, Director MW-2002-38 RECOMMENDATION: It is recommended that the supply of ready mix concrete be awarded to Cotton Ready Mix Ltd., 2125 Fmitbelt Parkway, Niagara Falls, Ontario. BACKGROUND: Tenders for the supply of ready mix concrete were called by the Niagara Public Purchasing Committee. Cotton Ready Mix Ltd. was the low bidder for the City of Niagara Falls at an estimated cost of $145,985.00. Prices on this tender represent a 8.9% decrease from 2001 costs. Council's concurrence with this recommendation would be appreciated. Recommended by: Douglas Good, C.E.T. Operations Superintendent Approved by: Ed Dujlovic, P.Eng. Director of Municipals Works Respectfully submitted by: John MacDonald Chief Administrative Officer /SC Attachment Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development · Building & By-Laws TENDER SUMMARY PAGE 1 15MPa . 25 MPa 5 MPa To~l I-! _~_*_~ Wa~r QUAN'n'rx' Cotton Ready Mix Panim~la St. Msrys CBM Burlington 98.00 u-C~ ( st Cat~) Sperev. metre Spercu. metm Sperc~meU'e $ percu, metre $ percu, metre 20 50.00 78.69 101.75 121.74' 75 86,00 87.36 103.50 :' ' 112.00 126.09' 250 93.50 96.01 104.50 114.50 130.44' 1100 100.00 ' 108.06 105.00 119.75 130.44' 40 104.00 111.69 120.00 .130.00 139.13' 20 45.69 85.00 68.25 $145,985.00 $156,375.70 cu, met~ 15.00 15.00 $157,847.50 15.00' see tan~ $177,350.00 Hid. Water & Agg~mte cu. me~re less ~han 2 m3 per load 15,00 d~met~ 10.00 10.00 10.00 10.00 cv, meWe 30.00 35.00 30.00 30.00 ce. me/re N/A 7.00 10,00*seete~ier 10.00 N/A 48.00 10.00 103.00 *e~load 120.00 120.00 75.00 2 m3 3 m3 i per load 80.00 75.00 75.00 80.00 i per load 50.00 55.00 50.00 50.00 30.00 30.00 50.00 50.00 per lond Mon- Ed 6.~em-6:OOpm Not Stated pe~ 1Sm 3m3 4m3 Waltin~ Tune per load 120.00 Addit/oml Tim~ Om'ge cu. metre 4:00 pinto 8:00 pm 5:00 pm to 9:00 pm ca. metre S:O0 pm ~o midnight cu. metre 9:00 pm to 7:00 am cu. metre midn/ght to 8:00 am cu. metre Pmial Only percH, metre Plant Location 7.'~ am-5:00pm 7:00am-S:OOpm 8:00 am-6:00 pm 60 rolmtte~ 60 mintlte~ 22,50 22.50 er C'tL metre No CImrge 8.00 16.00 Niagara Falls 20.00 I0.00 Niagara F~lls 10.00 40.00 20.00 20.00 45.00 40.00 20.00 *See Tender Notes *Scc tender notes Thowld Niagara-Falls - St. Cathnrines The City of Niagara Falls I1~1~,= Community 8ervic~ Deparlment Padre, Recreation & Cullum 7565 Lund~/s Lane Niagara Falls, ON L2H 1G9 web mite: www.clty.niagarafalls.on.ca Tel: (905) 356-752! Fax: (905) 356-7404 E-mail: akon~city.niagarafalls.on .ca Adele Kon Director R-2002-12 March 15, 2002 · His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-12 Request for Financial Assistance and Review by the City's Recreation Commission RECOMMENDATION: That Members of Council approve a $500.00 grant for Buck Miller. ~Ihet llembers of Council approve . $500.00 grant for the Chipp -Ladies Sin-Pitch "Chip-A-¥eys" teem; BACKGROUND: ~end that the request from the Riverside Perk Ce Boys Under 1~, Tier I Soccer Teem be denied. On January 21,2002, the City's Corporate Services Committee considered two requests £or funding assistance. One request was from thc Riverside Park Campground Boys Soccer Team which consists of a team of under 13 years old boys. Tl~s team has an opporUmity to travel to other cities in Southern Ontario in 2002 and have requested a donation of $],000.00 from thc City. A second request was received from thc Chippawa Ladies Sin-Pitch "Chip-A-Way" Team who travelled last summer to Saskatoon, Saskatchewan and won the National Masters Sin-Pitch Tournament. By virtue o/their winning of thc National title last year, they have an opportunity to I/'ave! to Calgary, Alberta in August of this year. They have also asked for a donation of $1,000.00 fi~m the City. Both of these requests were re£cned to the City' s Recreation Commission for review and comment. On February 4, 2002, the Corporate Services Committee received a request for funding assistance from Buck Miller who is attempting to earn a position on the National Cycling Team. This request was also referred to the Recreation Commission for their input and consideration. aye mpground The Recreation Commission held a meeting on February 12, 2002 and dealt with all the above noted requests for funding. The Recreation Commission expressed gratitude that the Corporate Services Committee and Council referred the requests of funding to them. With respect to each of the requests, the Commission had the following comments and recommendations: Working Together to Serve Our Community Municipal Works F/re Sen/ices , Parks, Recreation & Culture · Business Development R-2002-12 - 2 - March 18, 2002 · Riverside Park Campground Boys Under 13, Tier 1 Soccer Team The Commission considered this request under the Provincial, National and International Grant Application. Unfortunately, the team would not be eligible for funding assistance as they do not meet the criteria for funding. Although it is a team of youths, the nature of their request is for financial assistance to travel to other centres in southern Ontario and not to compete in a sanctioned qualifying tournament. Based upon the above, the Recreation Commission could not support their request for funding. However, the Commission did recommend a letter be sent to the team wishing them good luck in their efforts. · Chippawa Ladies Slo-Pitch "Chip-A-Ways" Team This request was considered under the Provincial, National and International Grant Application. The Slo-Pitch Team would not be eligible for funding as they do not meet the criteria for funding assistance as they are an adult team. The Commission therefore could not support funding for the team. There have been previous applications made to the Commission in the past by adult slo-pitch teams competing at this level and they have been denied by the Commission. The Commission did recommend a letter be sent to the team advising them that they do not meet the criteria for funding and wishing them good luck in their efforts. · Buck Miller - National Cycling Team Consideration was made for Buck Miller under the Provincial, National and International Grant Application. Buck recently graduated from High School and is no longer a student. Therefore, he is ineligible for funding under the Grant Application. The Commission did recognize Buck as a member of the Provincial Cycling Team and he is attempting to make Canada's National Cycling Team. In 2000, Buck won the Ontario Cup Series Championship in the Road Racing category and was recognized at Council last year for this achievement. The Commission felt that Buck can be considered as a world class athlete and would be an excellent representative for the City. Although he does not meet the criteria for funding, the Commission did wish to recommend that $500.00 be approved for Buck from City Council. Conclusion The Recreation Commission appreciated the referrals of funding requests from Council. Unfortunately, the requests do not meet the Commission's funding policy. The Recreation did recognize the level of Buck Miller as an athlete and did recommend the allocation of $500.00 from Council. The Recreation Commission does receive a number of requests for funding each year. In the 2002 budget, the Commission has proposed the shifting of funds which will earmark $3,200.00 for National Competition Grant. Adele Kon Director of Parks, Recreation & Culture (espectfully Submitted'.. [/John MacDonald v Chief Administrative Officer BB/das S:\Council\Counci12002%R2002-12 Request for Funding The City of Niagara Falls Canada 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 Adele Kon Director R-2002-13 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario March 18, 2002 Members: Re: R-2002-13 - For the Supply and Installation of Electrical Materials at the Kalar Road Community Sports Park ' Home For Girls Soccer' (Phase 1) RECOMMENDATION: It is recommended that the Tender TR03-2002 for the Supply and Installation of Electrical Materials at the Kalar Road Community Sports Park' Home For Girls Soccer' (Phase 1) be awarded to Wiens Underground Electric Ltd. of Niagara-On-the-Lake, Ontario at the tendered cost of $48,319.06 (including taxes). BACKGROUND: This tender includes the installation of electrical conduits for future sports lights, an active electrical service for an automatic irrigation system for the soccer pitches presently under construction, and a precast mechanical building for housing of electrical and irrigation controls. The Landscape Development Contract for the Kalar Road Community Sports Park 'Home For Girls Soccer' is well underway with the completion of two(2) new senior soccer pitches (Phase 1) scheduled for May 2002. The tender was advertised in the Niagara Falls Review, a copy sent to the Niagara Construction Association for viewing, and was available on the City of Niagara Falls internet web site. Seven (7) companies picked up the tender packages and six (6) bid proposals were received by the Clerk's Department. The tender opening occurred in the presence of the Manager of Supply & Services and the City Clerk on Friday, February 15, 2002. The result of the bid process is presented as follows: Working Together to Serve Our Community Municipal Works Fire Semices Parks, Recreation & Culture Business Development R-2002-13 - 2 - March 18, 2002 Contractor 1. Wiens Underground Electric 2. Jcmison Electric 3. Galbraith Electric 4. Cyril B. Smith Electric 5. Corfi¢ld Electric (5. Utility Installation City N-O-T-L Niagara Falls St. Catharines Vineland Niagara Falls Fort Erie Tender Bid Price (including taxes) $ 48,319.06 $ 51,540.70 $ 54,958.41 $ 55,907.25 $ 56,073.66 $ 63,255.47 FINANCING: Funding for this work is available from the Park Development Charges Account. The Niagara Falls Girls Soccer Club is a partner in this "Home For Girls Soccer" Project and has agreed to provide matching funds (50%) toward project development costs. The Committee's approval of the above would be appreciated. Recommended~"'~-~ ~"~ by~//~ Adele Kon Director of Parks, Recreation & Culture Respectfully Submitted: //John Mac/,/C hie f AdmD?n~sa~dative Officer JC/das S:\Council\Council 2002~R-2002-13 - Kalar.electrical.wpd The City of Niagara Fails Canada 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 March 18, 2002 Adele Kon Director R-2002-14 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-14 - Actions Stemming from the Environmental Planning & Greening Committee Meeting of February 20, 2002 RECOMMENDATION: It is recommended that Council endorse the actions of the February 20, 2002 meeting of the Environmental Planning & Greening Committee. BACKGROUND: Each year the Environmental Planning and Greening Committee encourages environmental education and promotes various activities during Earth Day, Arbor Week, Operation Clean Sweep and Environment Week. Attached is Report 2002-11 Earth Day, Arbor Week, Operation Clean Sweep and Environment Week. The Environmental Planning & Greening Committee endorsed Report 2002-11. Motion to approve Report 2002-11 and forward to Conneil for endorsement. Moved by Janet Krowchuck. Seconded by Nick DeBenedetti. All in favour. Carried. Council's endorsement of the above would be appreciated. Alderman Selina Volpatti, Chaii~ Environmental Planning & Greening Committee LL/das S:\Council\Counci12002\R2002-14 Actions from EP&G.wpd Working Together to Serve Our Community Municipal Works Fire Services · Parks, Recreation & Culture Business Development Community Services Department Parks, Recreation & Culture The City of ~l~i~ 7565 Lundy's Lane FallsllI~,,~ Niagara Falls, ON L2H 1G9 Niagara ;anada ~~"'I= ~... web site: www.city.niagarafalls.on.ca Tel: (gO5) 356-7521 I- Fax: (905) 356-7404 E-mail: akon@city.niagamfalls.on.ca February20,2002 Adele Kon Dim~or R-2002-11 Alde~axan Selina Volpatti, Chairperson, and Members of the Environmental Planning and Greening Committee, City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: 1. R-2002-11 Earth Day, Arbor Week, Operation Clean Sweep and Environment Week Committee support the proclamation of Earth Day, Arbor Week, Operation Clean Sweep and Environment Week; 2. The proclamations be endorsed by Council; and 3. The proclamations be placed in the local newspaper to raise public awareness and participation. BACKGROUND: Every year the Environmental Planning and Greening Committee encourages environmental education and promotes various activities during Earth Day, Arbor Week, Operation Clean Sweep and Environment Week. The dates of the environmental events are as follows: Earth Day - April 22, 2002 World Earth Day will be celebrated on April 22, 2002. Arbor Week - April 27 to May 11, 2002 This year, in recognition of Arbor Week, Parks, Recreation & Culture will be organizing a tree planting. This event will take place on Friday, April 26, 2002 at the Holman Property (Lundy's Lane Battlefield). The horticultural students from Stamford High School will be participating again this year. Working Together to ;Serve Our Community Municipal Works Fire Services · Parks, Recreation & Culture Business Development R-2002-11 -2- Febmary20,2002 Operation Clean Sweep - May 1 to May 31, 2002 During the month of May, area schools and businesses are encouraged to carry our general clean up of their properties. The City has garbage bags available, on request, from Pitch In Canada. Environment Week - June I to June 8, 2002 The City's Environmental Planning and Greening Committee has in the past provided assistance to various groups for Environment Week celebrations. Each year during this week, City Council also recognizes the recipient of the City's Environment Award. CONCLUSION: The promotion and encouragement of participation in various environmental activities planned in the upcoming spring and summer will increase awareness, and encourage citizens of Niagara Falls to take an interest in protecting and enhancing the environment. Respectfully Submitted: Director of Parks, Recreation & Culture LL/das The City of Niagara FallsI Canada Fire Services 5809 Morrison Street Niagara Falls, ON L2E2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-maih pburke@city.niagarafalls.on.ca Patrick R. Burke Fire Chief FS-2002-02 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-02 Regional Hazardous Materials Response Team RECOMMENDATION: That Council approve participation in a Regional hazardous material response team initiative (Option 3, as described below), under the administrative umbrella of the Public Safety Division of the Regional Municipality of Niagara, expanding our hazardous materials response capabilities and allowing for Mutual Aid to be provided throughout the communities of the Niagara Region, for Hazardous Materials incidents as needed. That Council approve up to $35,000 to fund personnel overtime costs and other associated costs for Fire Services to operate at a higher level of competence (NFPA 472 - Technician Level) in dealing with hazardous materials and terrorist responses. BACKGROUND: As per previous Council reports #FS-2001-06 and #FS-2002-01 (attached), discussions on the formation of a Regional hazardous materials response team has progressed to a point that approval is required from each participating Municipality in order to continue with the plan. In November, Council received a report indicating Niagara Falls and St. Catharines partnered to provide an immediate, higher level of bio-hazardous materials response for the Niagara Region. This coalition was necessary, as many other communities in the Region were less capable of dealing with these terrorism threats (white powders), compounded by the September 114 tragedy in the United States. The Americans have been quite proactive over the past few years in dealing with weapons of mass destruction, terrorism and other incidents requiring hazardous materials response capabilities. Canada and its provinces have lagged behind the U.S. but has recognized our vulnerability when dealing with such incidents and have begun to take action. The Province has also recently announced the creation of Hazardous Materials Response Teams in Ottawa, Toronto and Windsor to assist with longer term incidents for Municipalities. Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community March 18, 2002 - 2 - FS-2002-02 DETAILS: The Provincial Government has mandated increased response capabilities, through both public and private sectors. It has also been recognized by all parties, that a greater level ofhazmat response is appropriate in the Niagara Region. As a result, a Terrorism Working Group has developed a proposed, multi-disciplinary structure for emergency response within the Niagara region. Other partners in the emergency response group, including EMS, police, health, hospitals and EMO have already established their protocol for involvement. Fire represents the final group to establish a response protocol for the group. Fire departments in each Municipality have met on several occasions and discussed courses of action. There were mainly three fire department directions discussed as possible options: Option #1 Do what we are currently doing. We currently have private contractors who we can call in to perform "technician level" hazardous materials responses to our Municipality. The negative aspect is they require time to respond and there is not a "guaranteed response" due to other business functions they have. The incident is dealt with by the Municipality until it is deteimined to be beyond their capability and assistance is then called upon from private contractors. This option would allow Niagara Falls to determine our own level of technical training in Niagara Falls. The requirements for hazardous materials response are becoming more rigorous to ensure safety ofresponders and those being rescued. We must look at increasing our level of training if we are to continue to be directly involved in a continued high level of response. The costs involved would be more than if Option 3 were selected, as training courses and equipment would be needed. Option #2 Call upon specific Hazardous Materials Team composed of a specific number of active fire fighters from within the Niagara Region, to assist our fire department with responses. This situation creates concerns that individual Municipalities will not necessarily have any members on the team at all and will not be doing anything to increase their preparedness for their Municipality. Option #3 Create a team concept involving the entire Region. There would be highly trained fire department personnel from every Municipality, able to respond at the onset of an emergency. They would provide higher levels of safety to emergency responders and citizens, through proper incident assessment and direction for safe mitigation of hazardous materials incidents. This would ensure a consistent training format for all fire fighters across the Region. The home Municipality can decide whether to deal with the situation themselves, call for the assistance of the Regional hazardous materials group or call directly for the assistance of a private contractor. This option will compel all participating Municipalities to achieve a minimum level of training, a level that is not seen to be extremely onerous for smaller Municipalities. Larger Municipalities that choose to be involved to a higher degree would be allowed to do so at their discretion. The proposal would see between 15 and 20 fire fighters in Niagara Falls March 18, 2002 3 - FS-2002-2 trained to the technician level. The Region would provide a pool of equipment resources and also cover the cost of training course tuition. Their total contribution to the project would be approximately $500,000 in the first year with annual maintenance in subsequent years. Niagara Falls would be required to contribute up to $35,000 for wages committed to salaries for training in the first year, with continued training and upgrades required on an annual basis. Fire Services would endeavor to reduce the costs to our Municipality where possible. The Working Group is currently pursuing Option #3 and will be proceeding for final approval from the Region if the majority of individual Municipalities approve the proposal. Attached is a copy of the business plan recently presented to the Region, where approval in principal was attained. Lee Smith Assistant Chief Approved by: Edward P. Lustig Director of Fire Services Patrick R. Burke Fire Chief Respectfully submitted: Chief AdC~s~lrda~ Att.: LS:rs The City of Niagara Falls Canada Fire Services 5809 Morrlson Street Niagara Falls, ON L2E 2E8 web site: www,dty, ntagarafalls.on.ca Tel: (905) 356-1321 Fax: (905) 356-6238 E-mall: bruddell@city.niagarafalls,on.ca FS-2002-01 Colin Ruddell Acting Fire Chief February 4, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario COPy Members: Re: FS-2002-01 Hazardous Materials Reoort RECOMMENDATION: For the information of Council. BACKGROUND: The events of September 11, 2001 have tested emergency response capabilities of many countries and have acted as a wake up call for addressing levels of service in Canada. In the Niagara Region, Niagara Falls stepped forwards as one of two mtmicipalifies to provide biological hazardous materials response for the entire Niagara Region, as many communities were much less prepared to address "white powder" calls. Most of these calls were located in the Niagara Falls and St. Catharines area. This Regional biological response arrangement continues today as an interim · measure, until a permanent Regional hazardous materials response protocol is instituted. The Provincial Government has provided direction for emergency preparedness at Regional and Municipal levels. A Regional working group, consisting of fire, police, paramedic, health, hospital and emergency measures personnel, has been meeting on a regular basis to create a protocol for coordinated response capabilities within the Region to all types 6f hazardous materials calls. A Niagara Falls delegate sits on the four-person committee representing Regional fire departments for this purpose. The working group has identified that the Niagara Regi°n needs training and equipment in order to be capable of addressing hazardous materials response needs. There are standards that must be met in order to ensure adequate levels of competence for emergency responders. Enhancing training is initially costly to undertake and requires annual maintenance to be qualified to recognized standards. Enhanced equipment is also costly, requires frequent maintenance and in some cases has a shelf life. The current hazardous materials response in the NiagaraRegion varies by Municipality and includes a combination of internal and external capabilities to mitigate emergencies. Niagara Falls operates Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community at a higher level but is restricted from performing certain' activities and relies upon an outside contractor for these aspects of response. Although contractors have been helpful in these situations, they cannot achieve critical response times similar to local fire departments. Actions taken within the first few minutes are vital to properly assessing and determining courses of action at emergencies. The intention ora Regional haz-mat response is to provide a higher level of training to all fire departments so they can attain a minimum level of response within critical time frames. Ifa Municipality requires resources that exceed their own capabilities, they can call on mutual aid from neighbouring Municipalities, as they have done in the past. The difference is that they would be calling for assistance from those who are trained to a higher level for hazardous materials responses. Each Municipality has the option of determining the number of trained personnel in their own comraunity. It is anticipated that larger communities with larger risk will wish to exceed the minimum number required to be trained. A draft business plan has been prepared to address Regional hazardous materials response protocol. All partners from the working group are included to assist in their area of jurisdiction and expertise. Fire has historically been the lead agency on hazardous materials calls and continues to be a lead agency in the proposed plan. The Region has approved funding of training courses for fire personnel and for equipment that can be centrally located and called upon when required by any Municipality. They have not approved costs of wages for fire personnel to attend initial and subsequent yearly maintenance training. The Region proposes that each Municipality be responsible for wage costs for training. A meeting was recently held by Regional fire chiefs to explain the proposal to area mayors. The response was supportive and on January 30th the Region's Corporate Finance Committee supported the commitment of approximately $500,000 towards the equipment and training course costs (not wages). Once the Region's Budget Committee approves the funding, the next phase will include development of detailed response protocol. Consultation from all involved parties will take place and a subsequent report submitted to Council for approval to proceed. At this time, it is anticipated that the maximum wage costs for training personnel in Niagara Falls will be approximately $70,000 but this figure will be revised as final details of training requirements are determined. Assistant Chief oved by: E. P. Lustig Director, Fire Services ~R~~y: Acting Fire Chief P>qspectfully submittgd: / (/ Chief Administrative Officer LS:rs -The City of ~kCanadaNlagara Falls Community Services Department Fire Services 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city, niagarafalls.on.ca Tel: (905) 356-1321 Fax: (9~5) 356-8236 E-mall: pcorfiel~city, niagarafalls.on.ca His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Fails, Ontario COPY Colin Ruddell Acting Fire Chief contains3 In :his r~port vmra ! a:to~ted bi,' C:iW Counci, FS-2001-06 November 12, 2001 Members: Re: FS-2001-06 - Hazar~lous Materials R~ponse RECOMMENDATION: For the information of Council. BACKGROUND: The tragic events of September 11, 2001 in New York and Washington were devastating on a widespread basis. Not only had those U.S. cities suffered intolerable losses, but the ripple effect spread throughout the entire world. Many countries, like Canada, that previously enjoyed extensive freedoms have been greatly affected by the terrorist activities. Niagara Falls Fire Services has been responding to hazardous materials' calls for many years. We are well trained in .the area of hazardous materials responses. In the past, we have not had to deal with intentional acts of hazardous spills or release of biological or chemical weapons. Times have changed. The business of b~-rdous materials responses have taken on new work. Chemical and biological warfare has been identified as a real threat that we must be diligent in our efforts to address. Details: Emergency services have been active in the past month through the creation o£a Regional Nuclear, Biological and Chemical Terrorism Working Group. Meetings have included fire, police, paramedics, health services, hospitals and emergency measures organizations and have been held to with a goal of providing the best level of service to Niagara citizens. Municipal Works Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community F/re Services · Pa~s, Recrea§on & Culture · Bus/ness Development There are different levels of response among communities in the Niagara Region. Niagara Fails and St. Catharines have stepped forward as leaders to create a Regional response team to address the current biological threats we are facing. This team will be responding within defined criteria where communities are in need of assistance beyond their capabitities. There will be a definitive time frame allocated for the existence of this interim team, dependant on time required to create a permanent, Regional hazardous materials' response team. In order to provide the highest level of safety during emergency responses to these calls, two portable chemical and biological decontamination units are being procured by Niagara Falls at a cost of approximately $7,000. These units provide a level of protection fi.om and mitigation of biological acts. There may be an opportunity to recover costs for this equipment through regional funding for terrorism responses. Our needs for training will expand as we continue to maintain our level of competence for known threats and identify requirements to deal with new threats. We will keep Council informed as to our progress. Assistant Chief Respectfully submitted: E. P. Lustig Chief Administrative Officer Approved by: ^ / //Joh Mac on d /// Executive Director of Community Services LS:rs Regional Hazmat Team - Draft Business Plan Attachment 1 - Estimated Funding Requirements Start-Up Training Cost Estimate: Training for Team Members · Municipal Fire Department (80 persons) · Niagara Regional Police Service (8 persons) · Niagara EMS (8 persons) · Public Health Department (4 persons) · Training for additional staff to be conducted in house by the above Start-up Equipment Cost Estimate: Operational Equipment Vehicle, Equipment Trailer & Decontamination Trailer · Personal Protective Equipment · Detection Equipment · Decontamination Equipment Voice Radio & Communications Equipment Miscellaneous / High Tech Pharmaceutical Support Total Start-Up Cost Estimate (no more than) $100,000 $250,000 $30,000 $50,000 TBA $430,000 Ongoing Maintenance Costs: Training Level Maintenance Equipment Replacement Equipment Repairs & Maintenance Technical Upgrades $10,000 $20,0O0 $10,000 $20,000 Total Annual Cost Estimate $60,000 Regional Hazmat Team - Draft'Business Plan Preface Hazardous materials (Hazmat) response traditionally been the responsibility of the area municipal Fire Services, which has been adequate for responding to small-scale situations. However current plans rely heavily on private contractors to respond to situations when dangerous spills pose a threat to public safety. In these circumstances those responsible for the release of the material or the municipality where the spill occurs are held accountable for the cost of mitigation. Since the events of September 11th, 2001 and the subsequent situations involving suspected biological agents use as a weapon of mass destruction in the United States, Regional and Municipal Emergency Services have been forced to respond to numerous situations here at home. The result is a growing awareness and concern over the release of hazardous materials and their subsequent threat to public health and safety. Currently in Regional Niagara there is no regional or local municipal capability to effectively respond to a large-scale hazardous materials situation, other then to employ private industry that may or may not be available to assist. As a result the Emergency Responders Sub-Group of the Regional CBRN (Chemical / Biological / Radiological / Nuclear) Terrorism Working Group is in the process of implementing a short-term response plan for responding to biological agent (powder) situations. However this interim plan will only address that one specific scenario and a more sustainable long-term capability is required. All Regional and Municipal Emergency Responders have agreed that a region wide hazardous materials (including CBRN Terrorism) capability is needed. After several meetings leading up to a day-long strategic planning session (January 11th, 2002) the members of this sub-group have reached agreement on a concept of a Regional Hazardous Materials Response Team. This team concept once implemented would enable Regional Niagara to effectively respond to and mitigate both accidental and/or intentional releases of hazardous materials in order to protect the life, health & safety of our residents and emergency responders alike. Aim The aim of this business plan is to develop, implement and maintain a Regional Niagara Hazardous Materials Response Team. This Team will be responsible for responding to major situations involving an accidental or intentional release of a hazardous material, to protect life, health and safety of our residents and responders, by achieving the following six objectives. Objectives 1. To receive support in principle for this planning process from all municipalities in Niagara. 2. Identify all capital and operational expenses associated with this initiative. 3. To centralize all personal protective equipment and response equipment in one location. 4. To develop an inventory of existing resources. 5. To identify equipment required for responses. 6. To train all HAZMAT team members. Team Operational Concept This team will be able to respond to any hazardous material situation that presents a threat to public health and safety anywhere within the boundaries of the Regional Municipality of Niagara. Team Activation Concept This team would be activated on an as required basis by any local area municipality, the regional municipality or any of the participating agencies upon response to a situation where a known or suspected hazardous material has been released, which poses a threat to either emergency responders and/or the residents of the area. Team Development & Oversight This team will be developed and implemented by a Regional Hazmat Team - Steering Committee. This committee will be comprised of representatives of the team participant agencies with administration functions provided by the Regional Public Health Department, Public Safety Division, (under the umbrella of the Regional Emergency Measures). Teans of Reference will be developed by the members as first order of business upon approval of this project plan and implementation of the Steering Committee. It is the intention that once this project is completed and the team is in place, the Steering Committee will become the "Oversight Body" that will ensure the sustainability of this Hazmat Team, the continued training and development of team members and maintenance of all correlating documentation. Reporting Structure & Accountability Hazmat Team members as representatives of their home agency are accountable through their regular chain of command structures. Administration of this Hazmat Team as provided through the Public Health Department, Public Safety Division (Emergency Measures) is therefore accountable to Regional Council through the Community & Health Services Standing Committee. Team Composition This team will be composed of staff from the following agencies: 1. Local Municipal Fire Departments, (all 12 local Departments); 2. Niagara Regional Police Service, (Explosive Disposal / Emergency Task Units); 3. Niagara EMS, (Emergency Medical Service); and, 4. Regional Niagara Public Health Department, (Public Safety, Inspections and Infectious Diseases Programs). Team Member Selection & Compensation Each of the participating agencies would be responsible for selecting their own staff to become members of this team. Team membership would be considered voluntary and all participating agencies would agree to compensate and insure team members according to their own current internal policies and procedures. Team Member Responsibilities The responsibilities of the team members will mirror the responsibilities of their home agency. These responsibilities will be developed by the Team Steering Committee and documented in the team's Standard Operating Procedures and the Regional Hazardous Materials Response Team Plan as an annex to the Regional Emergency Measures Plan and all Area Municipal Emergency Plans. Team Member Training Team members will be trained in correlation to their duties in a hazardous materials response. Members will receive training to ensure that they are able to accomplish their assigned tasks using the proper equipment to ensure both their safety and the safety of residents impacted by a hazardous materials release. Team members will be trained in an as cost effective method as possible and employing a "train the trainer" model to minimize future and on-going training costs. Training will be provided by an outside provider and various options will be considered by the Steering Committee including: (i) Government provided training as part of new initiatives currently being finalized by both Federal and Provincial Emergency Management agencies (ii) Neighbouring Communities with operational Hazmat Response Teams to ensure continuity and mutual support capabilities (iii) Cross Border Partners to ensure continuity and further enhance Cross Border Response & Support capabilities (iv) Private contractor The Steering Committee will also examine how to best handle the costs of training either through Regional hosting of training sessions or cost sharing with the participating agencies. Costs for responder wages will also be exanfined using the above model. · For estimated start-up and maintenance costs please refer to Attachment 1 - Estimated Funding Requirements. Team Equipment Location The Team response vehicle, equipment trailer and decontamination trailer will be house in a central location to be determined by the Steering Committee. This location will be at an existing Fire Station, EMS Base or similar facility to be cost effective. Several Fire Departments and Niagara EMS have already offered potential storage sites to be assessed by the Steering Committee. Team Implementation Schedule This project if granted approval will be implemented in four progressive phases as follows: Phase One o Finalize Structure & Secure Funding: 1. Receive approval to proceed 2. Convene Steering Committee 3. Approve Terms of Reference 4. Complete existing equipment Inventory 5. Complete Regional/Municipal Support Equipment Inventory 6. Finalize vehicle, equipment trailer and decon trailer costs 7. Finalize new equipment costs 8. Begin team member selections Phase Two - Equipment Purchase & Training: 1. Purchase/refurbish vehicle/trailer/decon trailer 2. Pool existing equipment 3. Purchase new equipment 4. Begin training members 5. Draft Standard Operating Procedures Phase Three - Operational Planning & Training: 1. Continue/complete training team members 2. Complete Draft Standard Operating Procedures 3. Complete vehicle/trailer/decon trailer construction/refurbishing 4. Inventory all equipment 5. Plan team exercise Phase Four - Team Implementation: 1. Exercise Team 2. Amend Standard Operating Procedures 3. Implement procedures 4. Team Stands Ready Response Team Equipment For this Team to be effective it must be provided proper equipment to protect responders from hazardous environments and to treat / decontaminate residents impacted by any materials released. This equipment will also need to be stored and transported to an emergency site as required. The Steering Committee will investigate all options to provide for the following equipment to minimize costs, duplication and ensure continuity across the region: (i) Pooling existing equipment whenever possible; (ii) Group purchasing; (iii) Using surplus / reconditioned vehicle(s); (iv) Maintaining equipment collectively; and, (v) Using information collected during Y2K preparedness to inventory existing regional & municipal resources to support team operations. Regardless of how equipment is acquired, this Team will require the following to provide an effective service to Niagara residents: (i) Vehicles, (response vehicle, equipment trailer, decon trailer); (ii) Personal Protective Equipment, (suits, gloves, boots, respirators, goggles, etc.); (iii) Detection Equipment, (binoculars, chemical detector, test kits, etc); (iv) Decontamination Equipment, (wash down equipment for responders & victims); (v) Voice Radio Equipment, (operating on existing system capabilities); and, (vi) Miscellaneous, (lighting, barrier tape, traffic control, tape, technology, reference materials) · For estimated start-up and maintenance costs please refer to Attachment I - Estimated Funding Requirements. Team Equipment - Pharmaceutical Support: Certain biological and chemical agents require administering various pharmaceuticals in order to counteract the effects of the agent. As part of this Regional Hazmat response capability, the Region in co-operation with area Hospitals will ensure that adequate amounts of the required pharmaceuticals are available and evenly distributed throughout Niagara. In order to meet these requirements new drugs may need to be purchased as a one-time expense that will then be maintained in regular rotation by the hospitals. Other drugs specific to bioterrorism require that special items be maintained on ambulances so that they can be administered on scene where time is of the essence. · Estimatedstart-up and maintenance costs for increasing currentpharmaceutical supplies are being collected. The City of Niagara FallsI Canada Fire Services - Fire Prevention Office 5809 Morrison Street Niagara Falls, ON L2E2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 ext. 207 Fax: (905) 356-1583 Patrick R. Burke Fire Chief FS-2002-03 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-03 Municipal By-Law 80-114 Designation of Required Fire Access Routes Inclusion of Burnfield Lane Condominium, 3241 Montrose Road Owner: Grey Forest Homes, Ltd. RECOMMENDATION: That. Council approve the request of Deborah McMahon, on behalf of Grey Forest Homes Ltd., to designate the private roadways as a Fire Route. BACKGROUND: Fire Access Routes are required by the Ontario Building Code. In many instances, the developer must provide private roadways, to satisfy the requirements of the Building Code. Private roadways were required, at the subject property, to satisfy Fire Access Route standards. The Fire Department, at the time of Condominium Draft Plan Review, requested the inclusion of the Fire Access Routes in Municipal By-Law 80-114, "Designation of Private Roadways as Fire Routes." The maintenance and signage of Fire Access Routes fall under the scope of the Ontario Fire Code. The Ontario Fire Code states that the "owner" is responsible for carrying out the provisions of the Fire Code. In the case of cars obstructing a required Fire Access Route, the building "owner" would be charged for failing to comply with the requirements of the Fire Code. This system is not fair to the "owner." A more sensible and equitable method would be to place the onus on the owner of the vehicle. The Fire Code permits the establishment of a By-law for this purpose. Working smoke alarms save lives. Check your smoke alarm. Working Together to Serve Our Community March 18, 2002 -2- FS'2002-03 Signs for the Fire Access Route, if designated, will be purchased from the Fire Prevention Office. The signs will be installed under the supervision of the Fire Prevention Office, in accordance with the provisions of the By-law and the Fire Code. Copies of the Site Plans, including the proposed Fire Access Route are attached. Prepared by: John Laur Director of Fire Prevention Approved by: Ed. Lustig Director of Fire Services pa~. ended by: Fire Chief ~Respectfully submitted: /2' Chief Administrative Officer Attachment JL/mw Proposed Plan of Condominium Burnfield Lane 26CD-11-2001-01 Location Map Subject Land 1: NTSI JBURNFIELD LANE Pad of Slamferd Townshlp Lot 53 & Parl of Lot 1, Plan 59M-183 ~c Parl of ~ 1~. Plan 59M-233 t t I T T T~ The Cify of Niagara Falls Canada Fire Services - Fire Prevention Office 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 ext. 207 Fax: (905) 356-1583 Patrick R. Burke Fire Chief FS-2002-04 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-04 Municipal By-Law 80-114_ Designation of Required Fire Access Routes Inclusion of Proposed Niagara South Condominium Corporation 5200 Dorchester Road, (3rd Phase) Owner: Falls Masonry Ltd. RECOMMENDATION: That Council approve the request of Cosimo Dilollo, on behalf of Falls Masonry Ltd., to designate the private roadways as a Fire Route. BACKGROUND: Fire Access Routes are required by the Ontario Building Code. In many instances, the developer must provide private roadways, to satisfy the requirements of the Building Code. Private roadways were required, at the subject property, to satisfy Fire Access Route standards. The Fire Department, at the time of Condominium Draft Plan Review, requested the inclusion of the Fire Access Routes in Municipal By-Law 80-114, "Designation of Private Roadways as Fire Routes." The maintenance and signage of Fire Access Routes fall under the scope of the Ontario Fire Code. The Ontario Fire Code states that the "owner" is responsible for carrying out the provisions of the Fire Code. In the case of cars obstructing a required Fire Access Route, the building "owner" would be charged for failing to comply with the requirements of the Fire Code. This system is not fair to the "owner." A more sensible and equitable method would be to place the onus on the owner of the vehicle. The Fire Code permits the establishment of a By-law for this purpose. Working smoke alarms save lives. Check your smoke alarm. Working Together to Serve Our Community Harch 18, 2002 -2- FS-2002-04 Signs for the Fire Access Route, if designated, will be purchased from the Fire Prevention Office. The signs will be installed under the supervision of the Fire Prevention Office, in accordance with the provisions of the By-law and the Fire Code. Copies of the Site Plans, including the proposed Fire Access Route are attached. Prepared by: John Laur Director of Fire Prevention Approved by: Ed Lustig Director of Fire Services Recommended by: Fire Chief Respectfully submitted by: ~Aa ~dC~i°n 'Ts~lrdat iv e Officer JL/mw Attachments FALLS MASONRY LIMITED 8049 Tad Street Niagara Falls, Ontario L2H 2J3 October 24, 2001 Niagara Falls Fire Department 5 815 Morrison Street Niagara Falls, Ontario L2E 2E8 Attention: John Laur Dear Sir: Re: Proposed Niagara South Condominium Corporation 5200 Dorchester Road, Niagara Falls (3~ Phase) We kindly request that the City's Fire Department designate, through Municipal By-law, the required fire access ronte for the subject lands. Yours very truly, 7~TED Cosimo Dilollo, President c.c. - City of Niagara Falls, Planning Department Attention: Rick Wilson c.c. - Broderick & Partners Attention: Italia M. Gilberti ~pRF. VENTtO~ O:::FIC~ 1/i'7 I~ E 'v'tE I-. OF='I,.1tEN-i- \ \ \ \ ii / / / / The City of Niagara Falls Canada Fire Services - Fire Prevention Office 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 ext. 207 Fax: (905) 356-1583 Patrick R. Burke Fire Chief FS-2002-05 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2002-05 Municipal By-Law 80-114 Designation of Fire Access Routes Inclusion of Niagara South Condominium Corporation 7001 Casey Street Owner: Niagara South Condominium Corporation No. 42 RECOMMENDATION: That Council approve the request of Sal DiPietro, on behalf of Niagara South Condominium Corporation No. 42, to designate the private roadways as a Fire Route. BACKGROUND: Fire Access Routes are required by the Ontario Building Code (new buildings) or the Ontario Fire Code (older buildings). In many instances, the owner must provide private roadways to satisfy the requirements of the Building Code or Fire Code. Private roadways were required, at the subject property, to satisfy Fire Access Route standards. The maintenance and signage of Fire Access Routes fall under the scope of the Ontario Fire Code. The Ontario Fire Code states that the "owner" is responsible for carrying out the provisions of the Fire Code. In the case of cars obstructing a required Fire Access Route, the building "owner" would be charged for failing to comply with the requirements of the Fire Code. This system is not fair to the "owner." A more sensible and equitable method would be to place the onus on the owner of the vehicle. The Fire Code permits the establishment of a By-law for this purpose. }Forking smoke alarms save lives. Check your smoke alarm. }Forking Together to Serve Our Community March 18, 2002 -2- FS-2002-05 Signs for the Fire Access Route, if designated, will be purchased from the Fire Prevention Office. The signs will be installed under the supervision of the Fire Prevention Office, in accordance with the provisions of the By-law and the Fire Code. Copies of the Site Plans, including the proposed Fire Access Route are attached. Prepared by: John Laur Director of Fire Prevention Approved by: Edward P. Lustig Director of Fire Services Recommended by: Fire Chief Respectfully submitted by: ~~m~D~i~~er Att.: JL/mw Mar OS 02 lO:02a NIAGARA SOUTH CONDOMINIUM CORPORATION NO. 42 Northfield Village 7001 Casey St., Niagara Falls, ON C/O STAMFORD REALTY LTD, 4066 Dnimmond Rd., Niagara. Falls, ON I.~2E 6R9 (905)374-7170 * (Fax)374-7173 October 3 I, 2001 Mr. Jolm Laur, Fire Prevention Officer City of Niagara Falls Fire Department 5815 Morrison St. Niagara Falls, ON L2J 3G6 0 7/° 3'/o 'c MAILED Dear Mr. Laur: RE: 700LCASEY ST., Niagara Falls~ ON On behalf of the Board of Directors of the 50-trait condominium townhouse complex at the subject address we are requesting that your office assist us in having th~ mu'row roadway servicing the 50 utfits designated as a fire route (see attached site plan). We would like tiffs designation due to the repeated occurrences of unit occupants or their guests parking vehicles along this narrow roadway (cars are parked straddling the grass and asphalt road). Tkis improper parking, is not only dangerous but is causing complaints from other residents and/or visitors who have difficulty backing out of their driveways and/or passing these wrongly parked vehicles. Your assistance on this matter will be greatly appreciated. Yours truly, Sal DiPietro, P.Eng Manager SD:md Encl. STAMFORD REALTY LTD. 44)66 DRUMt,IOND ROAD NIAGARA FALLS, ONT., L~: 689 374-7170 ,~/t-L "CASI:'Y STREET" -,~ , CONDOM~aUM C3'J~/F_.RSI0N 0 , ?... __ - ~ - . U1 The City of Niagara Falls Canada Fire Services - Fire Prevention Office 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafalls.on.ca Tel: (905) 356-1321 ext. 207 Fax: (905) 356-1583 Patrick R. Burke Fire Chief FS-2002-06 March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re: FS-2002-06 Municipal By-Law 80-114 Designation of Required Fire Access Routes Inclusion of Niagara South Condominium Corporation #57 2684 Mewburn Road Owner: Niagara South Condo Corp. #57 RECOMMENDATION: That Council approve the request of G. Mark Hopkins, on behalf of Shabri Properties Ltd., to designate the private roadways as a Fire Route. BACKGROUND: Fire Access Routes are required by the Ontario Building Code. In many instances, the developer must provide private roadways, to satisfy the requirements of the Building Code. Private roadways were required, at the subject property, to satisfy Fire Access Route standards. The Fire Department, at the time of Site Plan Review, requested the inclusion of the Fire Access Routes in Municipal By-Law 80-114, "Designation of Private Roadways as Fire Routes." The maintenance and signage of Fire Access Routes fall under the scope of the Ontario Fire Code. The Ontario Fire Code states that the "owner" is responsible for carrying out the provisions of the Fire Code. In the case of cars obstructing a required Fire Access Route, the building "owner" would be charged for failing to comply with the requirements of the Fire Code. This system is not fair to the "owner." A more sensible and equitable method would be to place the onus on the owner of the vehicle. The Fire Code permits the establishment of a By-law for this purpose. Working smoke alarms save lives. Check your smoke alarm. Working Together to Serve Our Community March 18, 2002 -2- FS-2002-06 Signs for the Fire Access Route, if designated, will be purchased from the Fire Prevention Office. The signs will be installed under the supervision of the Fire Prevention Office, in accordance with the provisions of the By-law and the Fire Code. Copies of the Site Plans, including the proposed Fire Access Route are attached. Prepared by: John Laur Director of Fire Prevention Approved by: Edward P. Lustig Director of Fire Services Patrick R. Burke Fire Chief Respectfully submitted by: ~~~~er Att.: JL/mw NOV-Oil2001 11:18 FROM:SHABRI PROPERTIES 90S6849S44 T0:90S 356 1S83 P.001/001 FAX/MEMO TO: Niagara Falls Fire Dept. shabri Properties Limited (90~ 684.6333 ;ax: (905) 684.9544 ATT: FAX: DATE: FROM: 905-3561583 November 1, 2001 G. Mark HOpkinS John Laur-Fire Prevention ******************************************************************** We are transmitting herewith I page(s), Including this cover page. Please con.ct the writer immediately at 684-6333 if there is a transmission problem. Re;2684 Mewburn Rd. NF Niagara South Condo Corp.~57 The above 21 unit townhouse corp. has requested that we have the roadways declared 'flrelanes" under the City Bylaw. Please advise the necessary steps that your dept. requires. Thank you ®® o® ® ® ~ ® I ®® The City of Niagara Falls Canada 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-2002-25 File G-180-01 March 18, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2002 - 25 Municipal Parking & Traffic Committee Recommendations - February 19, 2002 Meeting RECOMMENDATIONS: 1) MW-2002-16 - First Avenue between Bridge Street and Maple Street Parking Review It is recommended that the existing "6:00 p.m. to 12:00 p.m., no parking restriction ", on the east side of First Avenue, from Bridge Street to a point 45 metres south of Bridge Street (adjacent Franks Pizza), be removed. 2) MW-2002-17 - Delta Drive at Glen Drive - Intersection Control Review It is recommended that: the yield sign be replaced with a stop sign in the eastbound and westbound direction on Petmllo Court/Vivian Court at Delta Drive; and, the yield sign be replaced with a stop sign in the southbound direction on Glen Drive at Delta Drive. 3) MW-2002-15 - Valley Way between Second Avenue and Wiilmott Street Speed Hump Review It is recommended that 1. the attached report be received for information; Staff maintain a list of the areas in the City where speed humps may be implemented in relation to stop signs; and, Staffto report back as to the possibility of doing an EA process for speeds humps for the entire City. March 18, 2002 -2- MW-2002-25 BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of January 15, 2002, considered the matters noted and formulated the recommendations above. City Council's concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: Alderman Kim Craitor, Chairperson, Municipal Parking & Traffic Committee S :\TRAFFIC~,EPORTS~2002~2002 Council~MW-2002-25 .wpd The City of Niagara FallsI Canada 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-maih diorfida@city.niagarafalls.on.ca CD-2002- 08 Dean Iorfida City Clerk March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: CD-2002 -08 - Special Occasion Permit RECOMMENDATIONS: That Council indicate that it has no objection to the issuance of a Special Occasion Pemdt to the organization listed in this report. BACKGROUND: Correspondence has been submitted by the following organization and has been reviewed and approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services. Council's concurrence with the recommendation is requested. Niagara South No-Hit Hockey Hockey Tournament Mar. 25 - 30, 2002 Chippawa Club Willoughby Memorial Arena Recommended by: City Clerk Approved by: Tony Ravenda Executive Director of Corporate Services Respectfully submitted: Chief Administrative Officer DI:lw Working Together to Serve Our Community Clerk's · Finance * Human Resources · Information Systems · Legal . Planning & Development The City of Niagara Falls Canada 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: diorfida@city.niagarafalls.on.ca CD-2002-09 Dean Iorfida City Clerk March 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: · Re: CD-2002-09 Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Consumers Gas RECOMMENDATION: That Council formally approves the By-law and franchise agreement with Enbridge Consumers Gas Company Ltd. which was given draft approval in July 2001. 'BACKGROUND: The municipality's franchise agreement with Consumers Gas Company Ltd. expired on August 27, 1999. In the interim, six-month extensions were agreed upon by Council and confirmed through Interim Orders of the Ontario Energy Board (O.E.B.). A new model franchise agreement was negotiated between O.E.B. and the Association of Municipalities of Ontario (A.M.O.). Council approved the Franchise Agreement on July 16, 2001 subject to the approvals process. On February 19, 2002, the Ontario Energy Board formally approved the by-law to grant Enbridge Consumers Gas "the right to construct and operate works for the distribution of gas and the right to extend and add to the works in the City of Niagara Falls". The order also dispenses with the assent of the municipal electors. YForking Together to Serve Our Community Clerk's Finance · Human Resources · Information Systems · Legal Planning & Development March 18, 2002 CD-2002-09 The franchise agreement is valid for twenty years from the signing of the by-law. Recommended by: City Clerk Respectfully submitted: John MacDonald Chief Administrative Officer Approved by: Tony Ravenda Executive Director of Corporate Services :di The City of Niagara Falls, Ontario No. Moved by Alderman Seconded by Alderman Council Chambers March 18, 2002 WHEREAS By-law Nos. 2002-022 and 2002-023 were passed by Niagara Falls City Council on January 21, 2002; and WHEREAS the aforementioned By-laws establish a consistem set of minimum zoning by- law provisions for testamentary devise parcels in the former Townships of Willoughby or Crowland; and WHEREAS the aforementioned By-laws establish minimum lot configurations of 60 metres of frontage and one hectare lot area; and WHEREAS the aforementioned By-laws also establish a consistent set of minimum front, side and rear yard building setbacks as well as a minimum building setback from Trans Canada Pipeline or a watercourse; and WHEREAS the aforementioned By-laws apply a protective zoning to lands such as floodplains, creeks and significant wetlands and woodlots that are currently designated as Environmental Protection Area in the Official Plan. -2- THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffi~irts the passing of By-law Nos. 2002-022 and 2002-023. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA WAYNE THOMSON CITY CLERK MAYOR