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2002/04/22REGULAR COUNCIL MEETING Monday, April 22, 2002 Order of Business and Agenda Package REGULAR MEETING April 22, 2002 PRAYER: Alderman Klm Craitor RESOLUTION: To nominate Paisley Janvary-Pool to fill the position declared vacant due to the passing of Alderman Gary Hendershot. The Oath of Office will be administered. . AND - By-law 2002 - 070 To appoint a memberto the Council of the City of Niagara Falls. ADOPTION OF MINUTES: Due to unforseen circumstances, the minutes for the Apd115, 2002 Council meeting will be ratified at next week's Council. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRESENTATIONS 1. David DeGuire, Skateboard Park David McGuire was the winner of the "Design Your Own Skate Park and Win" Contest. A presentation will be made to him. -2- MAYOR~ REPORTS, ANNOUNCEMENTS, REMARKS 2. COMMUNICATIONS Lundy's Lane Historical Museum. Re: Proclamation - requesting that Council proclaim May as Museum Month. RECOMMENDATION: That the request be approved. Victorian Order of Nurses. Re: Proclamation. requesting that Council proclaim May 20 - 25, 2002 as National VON Week. RECOMMENDATION: That the request be approved. Memo from the Clerk- Re: Committee vacancies RECOMMENDATION: For the consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICE COMMITTEE ACTIONS (Alderman Victor Pietrangelo, Chair) RECREATION MA TTERS 1. Chief Administrative Officer R-2002-17, Community Centre Status Report. The following have requested to speak to the above-noted report: Dave Schramm, Project Manager Steve Butz, CAO, YMCA Bill Walters, Past President, Boys & Gifts Club of Niagara Falls David Rew, Executive Director, Boys & Gifts Club of Ontado Jeff Duncan, Boys & Girls Club of Niagara Falls Foundation Joanne Hett, Executive Director, Boys & Gids Club of Niagara Falls -3- ADMINISTRATIVE MA TTERS 1. Chief Administrative Officer FINANCE MA TTERS CA0-2002-0 ?, Crime Safety Confe~ ence. Prevention & Tourism 1. Chief Administrative Officer MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer F-2002-26, Cpncellation, Reduction or Refund of Taxes Under Section 442 and 443 of the Municipal A L-2002-21, Uguccioni Agreement with the City Building Permit- Testamentary Devise, Miller Road. CA0-2002-05, Allegations. PD-2002-41 Allegations The City Clerk will advise of any additional b laws listed for Council consideration. BY-LAWS 2002.071 A by-law to amend By-law No. 95-86, as 2002.072 2002-073 Clarification and Responses to Response to Beefeater Ltd. ,-laws or amendments to the by- ~mended, being a bY'law to appoint municipal by-law enforcement officers fob the City of Niagara Falls. A by-law to amend By-law No. 99-140, as amended, being a by-law to appoint municipal by-law enforcement officers for the City of Niagara Falls. To adopt, ratify and confirm the actions of City Council at its meeting held on April 22, 2002. NEW BUSINESS ! The City of Niagara Falls, Ontario Council Chambers No, Moved by Alderman Seconded by Alderman WHEREAS Council has a duty to declare a seat vacant under section 43 of the MunicipaIAct; and WHEREAS under section 38 (i) of the Municipal Act a seat of a member of Council becomes vacant if the member dies; and WHEREAS Council may fill the vacancy by appointment or by-election; NOW THEREFORE BE IT RESOLVED THAT Council declare vacant the seat of the late Gary Hendershot, an Alderman for Ward 3, in the City of Niagara Falls. FURTHER BE IT RESOLVED THAT Council hereby appoints the runner-up in Ward 3 from the most recent Municipal election, Paisley Janvary-Pool, to fill the seat declared vacant. AND The Seal of the Corporation be hereto aft'med. DEAN IORFIDA CITY CLERK WAYNE THOMSON MAYOR CITY OF NIAGARA FALLS By-law No. 2002 - A by-law to appoint Paisley Janvary-Pool as a Member of Council of the City of Niagara Falls to represent Ward 3. WHEREAS, as a result of the death of Gary Hendershot, one of the Aldermen for Ward 3, it is now necessary to appoint a successor to fill the vacancy so created. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Paisley Janvary-Pool is hereby appointed a Member of the Council of the Corporation of the City of Niagara Falls to fill the vacancy of Ward 3 for the remainder of the term for which the late Gary Hendershot was elected. Passed this day of ,2002. DEAN IORFIDA, CITY CLERK WAYNE THOMSON, MAYOR First Reading: Second Reading: Third Reading: ,2002. ,2002. ,2002. Community Services Department Parks, Recreation & Culture Inter-Departmental Memorandum t. lIFir~. FFILLS £tERK$'O~ 04i [ 146B To: Dean Iorfida City Clerk April 11, 2002 From: Lori-Lyn Albanese Community Development Coordinator Extension 4330 Subject: Council Presentation - Monday, April 22, 2002 David DeGuire - "Design Your Own Skate Park and Win? Contest Winner On April 10, 2002 the Mayor's Youth Advisory Committee gathered all 49 entries submitted to the "Design Your Own Skate Park and Win" Contest and met with a team of eight judges. Four skateboarders and four BMX riders, between the ages of 12 and 28, were invited to judge the contest. The first place winner will receive a new Skate Board, courtesy of the Niagara Fails Community Policing and Sudcanada. The new Skate Board will be presented at Council, Monday, April 22, 2002 to David DeGuire. The top six winners will receive a special certificate, to be presented on Tuesday, April 16th at 3:30 p.m. at the Parks, Recreation & Culture Office. The following is a list of the top winners: l ~t Place 2nd Place 3rd Place 4th Place 5th Place Honourable Mention David DeGuire Jacob Antonio Dale Bom William Morgan Bailey Brandon Tonet Sandro Rocco All 49 participants will be mailed a "Certificate of Participation". W or~,in~ Tooet~er to Seroe Our Communit~ t.I!Rt~ FRLL$ CLERKS Lundy's Lane Historical Museum To: Dean Iorfida - City Clerk From: Kathleen Powell - Manager, Niagara Falls Museums Date: March 19, 2002. RE: May as Museum Month Hello Dean, In tile year 2000, tile Ontario Government in conjunction with tile Ontario Museum Association declared May as Museum Month. This initiative continued and this year will be the third celebration of May as Museum Month. This initiative began as a way to increase public support and visibility for Museums. Further to this, I think as a way to increase the visibility and public support for our City's Museums it would be of great benefit if May could be declared Museum Month for the City of Niagara Falls. As you can see from the attached copies, other communities have also taken this initiative and have recognized their Museums during the month of May. The City of Niagara Falls Museums have planned several events for Museums Month and for International Museums Day which Falls on May 18th. In fact both the Lundy's Lane Historical Museum and the Willoughby Historical Museum will be open to the public free of charge on that day. I have also included some information that was tal~en from the Ontario Museum Association's Web Site, that may add additional information. Please consider this as a formal request to have May 2002 declared as Museum Month for the City of Niagara Falls. Thank you for your consideration in this matter and please let me know if I can provide anything further. Sincerely, Kathleen Powell Manager, Niagara Falls Museums encl. cc. Board of Museums Lundy's Lane Historical Museum 5810 Ferry Street, Niagara Falls, Ontario L2G 1S9 Telephone 905-358-5082 · Fax: 905-358-0920 · Email: Ilmuseum@city.niagarafalls,on.ca OFIITCE OF THE MAYOR WHEAEAS WHEREA~ PROCLAMATZON Th~ughc)gt Our community rniny heritage ~'~ reflec~ our [*iCh Ioc~tton ~V$ a ~ ~cde k~ pr~,er,4ng, ~IK%'U~ and SOuR S~, Mirle IOG)I mgseur~s In corlJL.mcdon wrth The Hu~eun~ AssociiKiofl will cdebr~e the ,Importance coffcrlb~lon muSeums make to Ontario Ontario Museum Association - Members Area rage ONTA~IOMUSEUM ~S~OCIA. TION DES i~U$1~'5 DE L'ONTARIO (~ Members Area tn fo Exchange_ - Museum Month - de';: Onlin~ Handb~: ~ ~ - £ommunitv Museum Standards - C_MOG Review Job postings ]ob Skills Reqistry Service Registry Listservs Software vendors Travelling Exhibits i~i~About Us Join the OMA Museums Professional ~ Development Heritage Issues Resources Members Area Ontario Museum ssociation Information Exchange Dear OMA Member, We are pleased to announce the third celebration of for 2002. This exciting event was initiated as a Millennium celebration of museums in 2000 with the objective of increasing public support for museums. This year's program is shaping up to be even more successful thanks to your participation, enthusiasm and creativity! The OMA is working with OMA Members, media presenters TVOntario (English and French networks), the CBC and Radio- Canada radio stations in Ontario, and possibly a new print media presenter, the Ontario Trillium Foundation, and the Ontario Ministry of Tourism, Culture and Recreation, to promote Ontario's museums during IVlay 2002. By working together, the OMA and its Membership can help foster public support, attract new audiences and celebrate the achievements of Ontario's museums. Huseum Month celebrations generate additional support for current local http://ww~v.museumsontario.com/members/info_exchange_mm2002.shtml 3/19/02 Ontario Museum Association - Members Area Page 2 of 3 ;4us&es 2002 OMA Members: o Introduction o Submit an exhibit o Promotional materials o Wordmark · Take your exhibit planning skills to the next level with the new OhlA handbook · OMA Online Resources Handbook available in the Members Area What's New Archive Click here for recent news and resources programs and initiatives. The OMA uses the Museum Month event listing database to promote Ontario's museums to the general public and the media. May is Museum Month is a bilingual, province-wide campaign, working with our members and the media to publicize May museum events using promotional materials in both print and the Association website. The campaign also has the support of the 1-800-ONTARIO call centre, a central source of tourism information covering the whole province, where callers can get more museum event information. · Museum Month Lisrinq Information Form: As an OMA member, the information you submit on this form will be put on the OMA's website at www.museumsontario.com and promoted to the media, including -rVOntario/TFO, CBC/Radio- Canada, all Ontario Travel centres, and the public for free. Due February 2.2. Click here to fill out a form. Promotional Materials Form: The OMA will supply your museum with the available promotional materials you request and help you celebrate any special events. Due February 22. Click here to fill out a form. Museum Month W~,r[~mark: You can start using this logo right now until the end of May and the tagline "Proud Participant in Museum Month" in your flyers, programs, ads, newsletters, press releases, fax covers, e-mails sent, and other materials. Clio_.:_ i-~e£~.: to get a copy of the wordmark or contact the OMA at commu nications~(~museu msontario,com Remember to link your website to the OMA's website www.museumsontario.com. Promote Museum Month in Your Community: We encourage you to place the Museum Month promotional items in your museum windows, on bulletin boards, in your gift shop and in your newsletters. You can also ask other community members to post them and let your local TV, radio and newspapers know about your activities. You can also make a hyperlink from your museum's website to the OMA's website. We value your support and involvement in this year's program and hope that you will join us in celebrating May is Museum Month 2002. Please note that this http ://www.museun~sontario,com/members/info_exchange_mm2OO2.shtml 3/19/02 year's listing information will also be made available in French. If you have any questions, please call 416-348-8672 or e-mail us at COBlrni~fi{:i]~.: ,~ttumL]seLJn~sontario.com Yours truly, Joanna Charette Chair, Marketing and Public Support Task Force Anne Chafe President http://www.museumsontario.com/members/info_exchange_mnl2002 .shtml 3/19/02 COMMUNITY HEALTH SERVICES Visiting Nursing Palliative Ca re Pediatric Services Peritoneal Di'alysis intravenous Therapy Respiratory Care Continence Management Services Wound Care / Enterostor'nal Therapy Mental Health Private Nursing & Home Support Services Foot Care Occupational Health Services Living With Parkinson's Wellness Clinics Flu Clinics HeaJti~ insurance 24d-lout Nu?,ing & Per~,onai Victorian Order - of Nurses Infirmibres NIAG~,.FI.~,., de I'Ot~t~1~' F~L,~~It~ :~rI(IIAGARA de Victoria April 10, 2002 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 VON Canada $ouci Vie Dear Mayor and Members of Council: Re: REQUEST FOR PROCLAMATION NATIONAL VON WEEK - MAY 20 - 25, 2002 May 20 to May 25, 2002 is National VON Week. VON Niagara is seeking the City of Niagara Falls's recognition and support through formal proclamation. Since 1897, The Victorian Order of Nurses has been a part of Canada's history, its expansion and development, its changing ideals through two world wars, and its growth in the exciting new age of technologies. VON is an integral part of the Canadian health care mosaic and is committed to a second century of innovative service to the people of Canada and the City of Niagara Falls. We are confident that Council will acknowledge and support the great work of VON within the Niagara community by introducing a resolution and formally proclaiming May 20 - 25th as "VON WEEK". Thanking you, in advance, for your assistance, we remain, Respectfully yours, Marilyn Bowslaugh Assistant to Executive Director 3300 Merritlvi!le Hwy_ Unit/bureau 3 Thorold, Ontario L2V 4Y6 Te ephone,'l-ei8phone 905-64!-i077 Fax/Tet~copieur 905-641-5530 Clerk's Department Inter-Departmental Memorandum The City of Niagara Falls Canada To: Mayor Wayne Thomson Date: April 19, 2002 & Members of Council From: Subject: Dean Iorfida City Clerk Ext. 4271 Committee Vacancies There are a number of committee vacancies, some as a result of the passing of Alderman Hendershot, that need be filled. In some cases, such as the Committee of Adjustment, the by-law stipulates that there be a certain number of members of Council on the Committee. In the case of the last two committees listed, the Region wants to ensure that there is representation from Niagara Falls. Your filling of these vacancies is respectfully requested. Committee of Adjustment Chamber of Commerce (alternate) Civic Committee Niagara Falls Board of Museums Niagara Falls Tourism Canada Day Committee Joint Committee on Municpal Services (Region) Transportation Steering Committee (Region) Wor~in0 TooetOer to Serve Our Communit~ Niagara Falls Community Services Department Building and By-law Services 4310 Oueen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-752t Fax: (905) 374-7500 E-mail: melb~city.niagarafalls.on.ca BBS-2002.03 Mel Brown, Director April 22, 2002 Alderman Victor Pietrangelo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BBS-2002-03 Zooz Nature Park Billboard RECOMMENDATION: That the proposed Billboard for ZOOZ be approved. BACKGROUND: The new tourist attraction located on Sodom Road south of the Q.E.W. is requesting an'amendment to the Sign By-Law # 6661, 1964 as amended, to permit a 1200sq.ft. Billboard on private property at the comer of Saner Rd. and Ort Rd. just south of the Q.E.W. The applicant (Palumbo & Associates) applied for and received Council's approval for an oversized Billboard on May 8, 2000 at the same location. The proposed sign, at that time, was to be 16 ft. x 47 ft. (752sq.ft.). The applicant has revised its plans and now requires a Billboard 20 ft. x 60 ft (1200sq.ft.). The maximum size billboard permitted is 230 sq. ft. The billboard will be located in accordance with the requirements of the Ministry of Transport and, in order to make it readable from the highway, the proposed size is necessary. It should be noted that other billboard signs of a similar size and location problems have been approved in the past (i.e., Mountain Road at Mewbum Road and Q.E.W. {Marineland} ~e~rby the proposed sign). / I / Manager of By-law Services Director of Municipal Works Mci Brown Director of Building and By-law Services Attach. Respectfully Submitted: /~jJohn MacDonald Chief Administrative Officer Working Together to Serve Our Community Fa ' only$ of 4 Design for 20 x 60 PearsonStudios Art & Adv~rti$in~ Production Hou~ 94 EriflCres.,WellafldOnt., L3C6E 7Tel(905) 732-5297 Fax(905) 714- 7222 PearsonStudios Production House 94 E~lnCres.,WeltandOnL,L3~6E 7Tel(905)732-5297Fax[905)714-7222 Terry here are the two sizes in Scale with eachother only$ q 6x47 with 200 sqfeet of extension Family of 4 = only$, 20x60 with no extonsions The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Oueen 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-2002-48 Ed Dujlovic, P. End, Director April 22, 2002 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2002-48 Capital Construction Hold Back Recommendation: It is recommended that the City of Niagara Falls reinstate the $5,000.00 hold back on construction projects until all outstanding deficiencies are completed. Background: Previously, the City of Niagara Falls held back $5,000.00 on every contract until all outstanding deficiencies were corrected. This worked well where the deficiencies were small items that had a low dollar value. By holding back the money, the City made it worth the while of the contractor to complete the work. At the request of several contractors, the City dropped the hold back and Staff was directed to monitor the situation. Since that time there have been problems in getting certain contractors to complete small deficiencies. Although the dollar value is low, the Stafftime and aggravation to the public is high. Therefore we are requesting that the hold back be reinstated. Council's favourable approval of this report is appreciated. Dafl'eYl'~..-Smitl~, P.Eng., Manager of Engineering Services Approve~by: Ed Dujlovic, P. Eng. Director of Municipal Works /}~espectfully submitte~ by: . J ///John MacDonald ~ Chief Administrative Officer Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services 'l'he City of Niagara Falls Jl~,.. Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Fails, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: 905- 356-7521 Fax: 905- 356-7404 E-mail: prc@city.niagarafalls.on.ca Adele Ken Director R-2002-17 April 22, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2002-17 - Community Centre Status Report RECOMMENDATION: That Council directs Staffto take a leadership role in the development of a new community centre for the citizens of Niagara Falls 2. That the proposed "moving forward" plan be implemented without delay o That Council directs Staff to develop new terms of reference for the Niagara Falls Community Centre Steering Committee that represents the leadership and decision making role of the City in the project That staff is directed to invite input from the Boys' & Girls' Club, the YMCA, and the Niagara Falls Library Board in the fomiation of the Steering Committee and that each of these groups is invited to provide representation on a reorganized Community Centre Steering Committee. o That Staff be directed to prepare Memorandums of Agreement for consideration by each of the potential partners that outline the terms and conditions of participation in the Community Centre project. 6. That Council be provided quarterly reports on the stares of Community Centre developments. BACKGROUND: Report 2002-10 was presented to Council on February 18, 2002. Since then, the City and the partners have worked diligently, including the retention o findependent experts, to resolve the current differences of opinion. Working Together to Serve Our Community Municipal Works Parks, Recreation & Culture · Business Development · Building & By-law Services R-2002-17 - 2 - ' April 22, 2002 The Planning and Decision Making Process The planning process for the Community Centre project began in 1995-1996 with the initial study completed by Fred Galloway & Associates. The scope of the project broadened considerably in 1997 when discussions were initiated between the City, the YMCA, and the Boys' & Girls' Club. The project objectives were also expanded from replacing aging facilities of the two organizations to developing a new community centre to serve ail of the City of Niagara Falls. Since 1996 the City has taken a leadership role in the management of the project including the commitment of significant financial and technical resources. The City's support has always been based on the development of a multi use, multi service facility based on the principles of program and facility sharing by its participants. The Community Centre planning process was established in a meeting organized by Fred Gailoway and Associates that involved the City, the YMCA, the Boys' & Girls' Club, the Niagara Falls Library, and other service providers. The Galloway process outlined a plan for the Community Centre that was based on common needs and the shared goals of participants. In March 2000, the partners developed a mission statement supported by principles and values to guide the Community Centre planning process. These principles included the need to support the autonomy of each partner's mandate and recognized the benefits of working together on a shared basis to deliver a higher level of services to the community. From that set of agreements by the parmership an organizational structure and decision making process was established with the objective of developing the new Community Centre by the Fall of 2004. The project started in June 2000 with the agreement on the principles of the Steering Committee, its mandate and the decision making process that would be employed. Shortly afterwards the site selection process was initiated. Issues related to site selection resulted in significant delays and impasses at the Steering Committee level because a unanimous decision was required to move all matters forward to the next step. By December 2001, the issues became more complex and it became more difficult to reach an agreement. Most significant was the issue of matching space and facility demands of the Boys' & Girls' Club with the preliminary estimates of available capital dollars. In an effort to resolve these issues, the City has retained outside experts to undertake research and to provide an independent opinion. The firm of Leisure Plan Inc. was engaged to complete a Market Viability Study (MVS) which supported the decision to locate the Community Centre at the Montrose and McLeod Road site. That study also provided an overview of the community needs. The fitni ofC. N. Watson & Associates has been retained on three separate occasions to review the economic parameters of the project and the financial viability of the participants. The most recent report was completed on April 3, 2002. The report examined new and updated information provided by the Boys' & Girls' Club and involved further meetings with the Executive Director. The latest assessment also involved Ms. Janie Palmer of the United Way. Ms. Paimer's role was to provide an independent view of the financial assessment process and its conclusions. The C. N. Watson report concluded that: R-2002-17 -3- April 22, 2002 The Boys' & Girls' Club is likely to experience a significant operations deficit if their requested allocation of 32,000 square feet of dedicated space including their own pool is granted. The proposed Capital Campaign will probably be negatively affected including the target goal of raising $3 million in the community. An integrated centre that affords enhanced programming opportunities on a shared use participation model will significantly reduce the annual fixed operating and maintenance costs for the Boys' & Girls' Club. Considerable efforts have been undertaken by all participants to reach an agreement on the future direction of the Community Centre. Several meetings have been held between the participants including a meeting organized by MPP Bart Maves on March 1,2002. Our most recent meeting was held on April 5, 2002 with representatives of the Boys' & Girls' Club. This meeting was attended by MPP Bart Maves. Unfortunately we were not able to make any progress on resolving issues that are delaying the Community Centre planning process. The Boys' & Girls' Club continues to insist on the same minimum space requirement and do not accept the objective of an integrated, shared use Community Centre. Staff is concerned with the consequences of further delays and the effect such delays will have on the cost of construction and the capital campaign. Moreover, Staff and our experts agree that the allocation or redirection of additional funds to address the Boys' & Girls' Club issues will not provide a better level of service to the community. In Staff's view the most appropriate action is to have the City assume a leadership and decision making role that reflects the best interests of the community with input from the partners. Source of Funding The possible sources of capital are used to develop preliminary estimates of the size and scope of facilities that may be in the Community Centre, as well as the financial commitment of the City to the project. The available capital dollars established the limits of what type and size of community centre can be afforded. It is within a budget that design trade offs are identified and decisions made. The possible sources of capital include: $15 million from the City and SuperBuild $1 million fi'om YMCA $750,000 from the Library (Development Charges) $1.5 to $3 million Net Contribution from a Capital Campaign $18.25 to 19.75 million Preliminary Capital Budget · +$1.3 million (appraised value of property) $19.55 to 21.05 million Total Project Budget R-2002-17 -4 - April 22, 2002 The delays experienced in this project will negatively affect dollars available for construction and other capital needs. The cost of construction continues to escalate (at least $50,000/month) and the ability to raise dollars from the community could be affected. This will reflect in fewer dollars being available for the construction of the Community Centre, effectively resulting in a community centre that is less responsive to the community. Best Interests of the Community The vision established for the Community Centre is a multi use, multi service/partner facility that provides a full range of community services to our citizens. The December 1999 Galloway report identified several organizations, including the Boys' & Girls' Club, the YMCA, the City Parks, Recreation & Culture Office, the Library and Seniors as important service providers in a community centre. Further planning and economic investigations have confirmed the viability of this integrated and shared use model. In effect, the shared use model represents what is in the best interests of the community because: 2. 3. 4. It is the most efficient model that is flexible to existing and changing community needs The life cycle costs will be lowest to all participants. It represents the lowest short term and long term risk to City taxpayers. Maximum opportunities for programming space and facilities will be available to all partners. It will be the lowest capital cost. It will result in the lowest annual operating and maintenance costs and reduce the fixed costs to organizations It reflects a governance and operating approach that take advantage of the synergy that will be created from the technical, financial, community/volunteer resources provided by the partnership. It is the preferred model to maintain a responsible capital commitment from the City without compromising the scope and viability of the Community Centre. The Need for City_ Leadership This vision of the Community Centre cannot be achieved if the interests of anyone organization has priority over the best interests of the community. To achieve the goals of the community and to develop a Community Centre that is responsive and relevant to community needs, strong and decisive leadership is required. This requires a change in the current organizational and decision making structure because: Other partners and services are involved in the project and should be involved in project discussions. The project has experienced significant impasses in decision making within the past year, not withstanding that the partnership had proceeded on the basis of mutual understanding base on earlier decisions. The current organizational structure does not reflect the City's leadership role in the project. The current decision making model is based on all participants continuing to agree on the principles established in March 2000 and agreeing that community and partnership objectives are not in conflict. R-2002-17 -5- April22,2002 Experience has shown that the current organization and decision making process does not work in a manner that is effective for the development of this project. In effect, one partner has caused significant delays because of disagreement with the process. The delays in agreement that have been experienced to date have resulted in significant project delays and increased costs. In particular, the delays have affected the construction costs and community confidence in this project. Moving Forward Plan Ultimately, the citizens of Niagara Falls will be impacted. It is now estimated that the earliest completion date for the Community Centre will be the Spring/Summer of 2005, if we were to commence now to proceed with the "moving forward plan". It is Staff's opinion that initiating the moving forward plan is in the best interests of the Community Centre project and recommends this initiative because: There is an urgent need for a multi use, multi service Community Centre in the City. It is apparent that the Boys' and Girls' Club are not prepared to work toward developing a shared use/space facility. The other parmers, including the YMCA and the Library Board endorse a shared space concept and are fully prepared to move forward at this time. 3. Continued delays will further negatively impact the project including the capital cost. The "moving forward plan" proposed by Staff is to: Reorganize the Steering Committee and decision making process to reflect the leadership role of the City and the role of City Council. This reorganization should also reflect the need for input and involvement of the parmers including a commitment to a multi use shared Community Centre. The Steering Committee currently makes decisions through unanimous agreement. It is proposed that decisions should be made through a simple voting majority with each partner carrying one vote. City Council will act as the final arbitrator in any scenarios in which the vote is deadlocked and a decision is required. Develop a Memorandum of Agreement (MOA) with each partner that reflects the Community Centre perspective but allows for the specific needs of each partner to be met within that perspective and provides for "priority access" to space programming for the partners. The MOA should also address the matter of governance and specifically the role of the service providers in programming shared space. If the Boys' and Girls' Club decide not to continue with the partnership then the City should explore whether they would be interested in using the Community Centre as part of a satellite operation. Proceed with instructing the architect to develop a conceptual plan that reflects the needs of the community and the partners but also reflects the estimated capital dollars available for the development and construction of the project. The concept would be based on a shared use community centre. R-2002-17 -6- April 22, 2002 Confirm the process to begin receiving funds from the approved SuperBuild grant including the inclusion of the Federal contribution. 5. Initiate and complete a site preparation plan for the site at McLeod and Montrose Road. Proceed forward with community consultation initiatives regarding the various aspects of the project. CONCLUSION: City Staff remains committed to the development of the new Community Centre. The conceptual plans produced reflect the community vision and will provide exciting opportunities to citizens of Niagara Falls. To realize these opportunities, Staffbelieves that an enhanced leadership position from the City is necessary to move the project forward. This approach is supported by the YMCA and the Library. We also believe that our leadership will be responsive to all partners, as well as others, and stakeholders needs and issues. To ensure that Council is regularly informed about the project, Staff recommends that quarterly reporting be undertaken to ensure that Council is fully informed of the progress of the Community Centre. We fully expect and are confident that the vision for the new Community Centre will result in the long term sustainability of community service delivery. Adele Kon /~.ctfully sub,mittS: ~ ~//~°h?e fMAa;2i°nT;~da t i v e O ffi c er Director p,~arks, Recreation & Culture Alderrhan Victor Pietrangelo, Chairman Niagara Falls Community Centre Steering Committee R:\COUNCIL~2002 Reports\R-2002-17 - Community Centre Status Report. wpd (~l~ief ~ministrntiue ~ffirer CAO-2002-02 April 22, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: re: CAO~2002-02 - Crime Prevention & Tourism Safety Conference Recommendation: For the information and direction of Council., Background: At its meetings of January 14, 2002 and February 18, 2002, Council considered reports CS-2002-01 - Crime Prevention & Tourism Safety Conference and CAO-2002-01 - Crime Prevention & Tourism Safety Conference respectively (copies attached). These reports provided an overview of the nature of the conference programs and identified the extent to which City staffand resources were involved. As a result of the direction of Council, discussions have taken place with Noel Buckley, President of Niagara Falls Tourism. Mr. Buckley has agreed that the organization of this conference could be coordinated from the Niagara Falls Tourism office with Niagara Falls Tourism staff providing support for the event, similar to what is provided to other conferences. City stafftime would then be minimal and Dale Morton, Community Services Coordinator, could act as the City liaison on the Conference Steering Committee. Council's direction with regard to the above is appreciated. lg, espect fully submitted:.., ,~ JM:kk Chief Administrative Officer Attachments R:/COUNCIL\2002 gepons/CAO-2002-02 - Crime Prev~ation & Tou~m Saf~y Confereace.wpd Community Services Department .~~~~p 4310 Queen Street The City of P.O. Box 1023 Niagara Falls Niagara Falls, ON L2E 6X5 Canada web site: www.city.nlagarafall$,on.ca Tel.: (905) 356-7521 Fax: (905) 357-9293 E-mall: jmacdona@city.niagarafalls.on.ca CS-2002-01 John MacDonald Executive Director ITH,S HA,,H~ DEFERRED BY COUNCTL January 14, 2002 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: re: CS-2002-01 - Crime Prevention & Tourism Safety Conference Recommendation: This report is provided for the information of Council. Background: At the Council meeting of December 3, 2001, staff was directed to provide a report on the details of the Crime Prevention and Tourism Safety Conference, specifically with regard to staff resources utilized to host the Conference. The Conference was hosted in Niagara Falls for the past two years under the leadership of Alderman Carolyan Ioarmoni. A Steering Committee was established with representatives from the Chamber of Commerce, Niagara Falls Tourism, Niagara Regional Police Services Board, Niagara Regional Police, Niagara Parks Commission, Casino Niagara Security and City staff. The three-day event included such topics as Fraud & Counterfeiting, Physical Seeigity, Computer Crime Fraud, etc. Copies of the Conference programs for the past two years are attached~ Also attached is a summary of registrants, local and out-of-town, who participated. In 2001, the Conference generated approximately $17,000 in sponsorship and $13,000 in registration fees: The actual conference expenditures were approximately $20,000 which allowed for a donation of approximately $10,000 to be directed to Niagara Falls Community Policing. Approximately $6,000 was donated to Niagara Falls Community Policing in 2000. While there were no City funds allocated to this event, significant stafftime was provided. Staff assisted in the areas of planning, organization, registration, technical audio visual support, clerical support, etc. Total staff time involved adds to approximately 31 staff working days, or approximately $6,500 - $7,500. WorMng Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services January 14, 2002 - 2 - CS-2002-01 It is staff's und¢~s/anding that unless otherwise advised, the above-noted resources will be provided again in 2002. Prepared by: John MacDonald Executive Director of Community Services Attachments Respectfully submitted: Chief Administrative Officer CAO-2002-01 February 18, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario ]RECEIVED & F[LED~ M~nb~s: re: CAO-2002-01 - Crime Prevention & Tourism Safety Conference Recommendation: " For the information and direction of Council. Background: At its meeting of January 14, 2001, Council considered report CS-2002-01 - Crime Prevention & Tourism Safety Conference (copy attached) which has been hosted for thc past two years by the City of Niagara Falls. This report provided an overview of the nature of the conference programs and identified the extent to which City staffand resources were involved. The report also pointed out that as a result of sponsorship support a surplus of approximately $16,000 was generated over the past two years. This surplus was forwarded to Niagara Falls Community Policing. Attached to this report is a list of activities that have been undertaken and funded f~om this revenue. As indicated on the attached, Niagara Falls Community Policing is made up of volunteers with no salaries or honorariums being paid. The discussion at Council centered around the concern with the amount of stafffime required to assist in facilitating this conference. As a result, the suggeation has been made that the Conference Steering Committee may take a more active role in hosting this event This could result in reducing stafffime to almost one-half of that allocated over the past two years. Also, staff has contacted the Department of J.ustice - National Crime Prevention Centre (Federal Govemmen0 and the Ministry of the Solicitor General (Provincial Govemmen0 regarding possible funding/grants. While both levels of go.vernment encourage local crime prevention initiatives, there does not appear to be any funding available for this type of conference or training at this time. February 18, 2002 - Page 2 - CAO-2002-01 As a result of delays in the planning of this year's conference, it is now too late to host a Spring event. Howover, the Steering Committee is hopeful, with the support of City Council, that a Fall event will take place. Sponsors have not yet been confirmed, as it was felt it would not be appropriate to invite sponsors to participate until Council confirmed its commitment to the continuation of the event. Staffis seeking the direction of Council as to future involvement in this event. //Chief Administrative Officer JM:kk Attachments The City of Niagara Fails Corporate Services Department Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-0759 E-mail: afelicetti@city.niagarafalls.on.ca F-2002-26 Kenneth E. Burden Director of Finance April 22, 2002 His Worship Mayor Wayne Thomson and Members of City Council City of Niagara Falls, Ontario Members: Re: F-2002-26 - Cancellation, Reduction or Refund of Taxes Under Section 442 and 443 of the Municipal Act RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the individuals listed. BACKGROUND: Section 442 and 443 of The Municipal Act provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties had structures that had been demolished or removed; were damaged or razed by fire; have ceased to be liable at the rate it was taxed; became exempt; or a transposition, typographical or clerical error was made. Working Together to Serve Our Community , Clerk's · Finance Human Resoumes Information Systems · Legal Planning & Development The consideration of the committee would be appreciated. Prepared by: A. Felicetti Revenue Supervisor Recommended by: K. E. Burden Director of Finance Respectfully submitted by: o Approved by: T. Ravenda Executive Director of Corporate Services APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 443 and 442 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. ~,ppl. # Ii Name and Address of Applicant rraxation{ Reason for Application Reduction ~ ![ | Year / Amount $2,093.72 97/98 443 St. Lawrence Seaway Authority, PO Box 370, Stn Main, St. Catharines, ON L2R 6V8 97/98 i Should Have Been PIL 99-1~00 St. Lawrence Seaway Authority, PO Box 370. Stn Main, St. Catharines, ON L2R 6V8 1999 Should Have Been PIL $1,015.84 00-93 St. Lawrence Seaway Authority, PO Box 370, Stn Main, St. Catharines, ON L2R 6V8 2000 Should Have Been PIL $1,015.83 00-t32 Brenda Ann Tanfara, PO Box 2012, Niagara Falls, ON L2E 6Z2 2000 Razed by fire, demolition or otherwise $160.79 - 00-135 Lorenzo D'Amico in Trust, 5577 Ellen Ave., Niagara Fails, ON L2G 2P5 2000 Damaged by fire, demolition or otherwise $195.91 00-13~ ! Peter & Mary Fiocca, 5151 Kitchener St., Niagara Falls, ON L2G 1B1 2000 Ceased to be liable to be taxed at rate it was taxed $54.41 00-162 Joseph & Wendy Szucs, 4335 Sixth Ave., Niagara Falls, ON L2E 4S! 2000 Gross or manifest clerical error $151.78 00-164 - ~hristina & Steven Tomin, RR 1,2176 Stanley Ave N., Niagara Falls, ON L2E 6S4 2000 Damaged by fire, demolition or otherwise $8.03 00-167~ Grey Forest Homes Ltd., 445 Eastchester Rd., St. Catharines, ON L2M 6S2 2000 Damaged by fire, demolition or otherwise $176.09 ~'- 00-168 Mark & Susan Rogers, 8108 Mount Carmel Blvd., Niagara Falls, ON L2H 2Y8 2000 Gross or manifest clerical error $291.09 00-169 Jerry & Antoinette Scariogi, 8019 Westminster Dr., Niagara Falls, ON L2E 6P3 2000 Gross or manifest clerical error $2,470.24 00-170 Michael & Donna Raimondo, 3316 Matthews Dr., Niagara Fails, ON L2H 2Y9 2000 Gross or manifest clerical error $1,890.69 00-173 Cherry Hill (Niagara) Ltd., 200 Ronson Dr., Ste 305, Toronto, ON M9W 5Z9 2000 Damaged by fire, demolition or otherwise $0.00 00-174 Cherry Hill (Niagara) Ltd., 200 Ronson Dr., Ste 305, Toronto, ON M9W 5Z9 2000 Damaged by fire, demolition or otherwise $0.00 00-182 Mary Ruby Crowley, 5385 Bridge St., Niagara Fails, ON L2E 2T5 2000 Damaged by fire, demolition or otherwise $16.86 00-182B Mary Ruby Crowley, 5385 Bridge St., Niagara Falls, ON L2E 2T5 1999 Damaged by fire, demolition or otherwise $16.85 00-183 Diane Anna MacLeod, 4045 Fieldstone Ave., Niagara Falls, ON L2H 2V3 2000 Ceased to be liable to be taxed at rate it was taxed $0.00 00-184 Paul & Catherine Flachs, 5853 Dixon St., Niagara Falls, ON L2G 2L2 2000 Gross or manifest clerical error __ $505.94 00-184A Paul & Ca{ha¢ine Flachs, 5853 Dixon St., Niagara Falls, ON L2G 2L2 1998 Gross or manifest clerical error $0.00 00-184B Paul & Catherine Falchs, 5853 Dixon St,, Niagara Falls, ON L2G 2L2 1999 Gross or manifest clerical error $0.00 00-188 Li Weimin, 6003 Lundy's Lane, Apt. 3, Niagara Falls, ON L2G 1T2 2000 Ceased to be liable to be taxed at rate it was taxed $~2,890.33 00-189 Adrian & Rose Formisano, 4986 Bridge St., Niagara Falls, ON L2E 2S5 2000 Gross or manifest clerical error $0.00 00-190 Joseph & Brenda D'Abramo, 8038 Alpine Dr., Niagara Falls, ON L2H 3C2 2000 Gross or manifest cledcal error $607.1;~ 00-191 Ralph Joseph Biamonte, 3423 Baker Cres., Niagara Falls, ON L2J 1R8 2000 Damaged by fire, demolition or otherwise $96.75 00-192 Michael & Mary Maloney, RR 4, 9145 Ridge Rd., Welland, ON L3B 5N7 2000 Gross or manifest cledcal error $403.11 00-192A Michael & Mary Maloney, RR 4, 9145 Ridge Rd., Welland, ON L3B 5N7 1998 Gross or manifest clerical error $607.07 00-192B Michael & Mary Maloney, RR 4, 9145 Ridge Rd., Welland, ON L3B 5N7 1999 Gross or manifest clerical error $403.11 2001 ARB Michael & Mary Maloney, RR 4, 9145 Ridge Rd., Welland, ON L3B 5N7 2001 Gross or manifest clerical error $393.74 01-07 Brenda Ann Tanfara, PO Box 2012, Niagara Falls, ON L2E 6Z2 2001 Razed by fire, demolition or otherwise $775~45 01-09 Lorenzo D'Amico in Trust, 5577 Ellen Ave., Niagara Falls, ON L2G 2P5 2001 Damaged by fire, demolition or otherwise $1,220.05 01-12 Peter & Mary Fiocca, 5151 Kitchener St., Niagara Falls, ON L2G 1B1 2001 Ceased to be liable to be taxed at rate it was taxed $1,224.77 01-13 i Regional Mun cipality of Niagara, 2201 St. David's Rd, PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $1,368.86 01-20 Cupolo Jennie Grace, c/o Carmella Calaguiro, RR 1, 6378 Mountain Rd., NF ON L2E 6S4 2001 Became exempt $0.00 01-21 L2E 6S4 2001 Became exempt $0.00 I Cupolo Jennie Grace, c/o Carmella Calaguiro, RR 1, 6378 Mountain Rd., NF ON 01-22 Botes~aw & Marie Ann Zima, 4097 Carroll Ave., Niagara Falls, ON L2E 5Z8 2001 Ceased to be liable to be taxed at rate it was taxed $289.71 01-26 Ronald & Laurelle Gagnon, 3752 St. Peter Ave., Niagara Falls, ON L2J 2N6 2001 Damaged by fire, demolition or otherwise $145.58 01-29 572930 Ontario Lim ted, 7908 Lavena Crt., Niagara Falls, ON L2H 2Y5 2001 Gross or manifest clerical error $2,159.82 Page 1 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 443 and 442 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA 01-33 Flying Saucer Drive-in Limited, 6768 Lund~/'s Lane, Niagara Falls, ON 1.2G lV5 2001 Damaged by fire, demolition or otherwise $6,614.58 01-41 Joseph & Wendy Szucs, 4335 Sixth Ave., Niagara Falls, ON L2E 4S7 2001 Gross or manifest cledcal error $0.00 01-42 - Catherine Lapenna in Trust, 4902 Walnut St., Niagara Fails, ON L2G 3M9 2001 Damaged by fire, demolition or otherwise $27.46 01-43 Elsie May Fowler, 3033 St. Paul Ave., Niagara Falls, ON L2J 2L7 2001 Damaged by fire, demolition or otherwise I $0.00 01-44 Seljko & Mile Rudan in Trust, 8870 Lundy's Lane, Niagara Falls, ON L2E 6S5 2001 Damay~-d by fire, demolition or otherwise $972.38 01-48 Christina & Steven Tomin, RR 1,2176 Stanley Ave N., Niagara Falls, ON L2E 6S4 2001 D~may~-d by fire, demolition or otherwise $130.25 01-50 Grey Forest Homes Ltd., 445 Eastchester Rd., St. Cathadnes, ON L2M 6S2 2001 Damaged by fire, demolition or otherwise $1,022.76 01-51 Randy Christopher Cain, 4223 Kalar Rd., Niagara Falls, ON L.2H 1S7 2001 Da~ag~ by fire, demolition or otherwise i $216.62 01-56 Snoek Harry in Trust, 3 Bayview Forest Lane, Thomhill, ON L3T 7S4 2001 Da,,,aged by fire, demolition or otherwise $675.35 01-57 I Zarafonitis Charles in Trust, 7087 McMillan Dr., Niagara Falls, ON L2G 2N5 2001 Damaged by fire, demolition or otherwise $0.00 01-59 Cherry Hill (Niagara) Ltd., 200 Ronson Dr. Ste 305, Toronto, ON M9W 5Z9 2001 Damaged by fire, demolition or otherwise I $1,997.83 01-60 Cherry Hill (Niagara) Ltd., 200 Ronson Dr. Ste 305, Toronto, ON M9W 5Z9 2001 Damaged by fire, demolition or otherwise $1,858.98 01-67 Dianne Mary Cartmell, 8728 Roosevelt Ave., Niagara Falls, ON L2G 7A2 2001 Gross or manifest cledcal error $118.12 01-69 Mary Ruby Crowley, 5385 Bridge St., Niagara Falls, ON L2E 2T5 2001 Damaged by fire, demolition or otherwise $16.49 01-70 Vann Niagara Ltd., 14852 Niagara Pky, Niag-On-The-Lake, ON LOS 1J0 2001 i Damaged by fire, demo ition or o~herw~se $0.00 01-71 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 I Became exempt $1,176.56 01-72 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $860.17 01-73 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $1,277.43 0t-74 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $1,282.89 01-75 Niagara Regional Municipality, 2201 St. David's Rd W,, PO Box 1042, Thorold, ON L2V 4T7 2001 Be~,~-~e exempt $1,411.13 01-76 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Be~,,~,,e exempt $1,203.61 01-77 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Be~,a~e exempt $1,304.74 01-81 James C. Hennessey, 4785 Drummond Rd., Niagara Falls, ON L2E 6C8 2201 Damaged by fire, demolition or otherwise $230.19 01-83 Brendan & Jeannette Rooney, 6170 Orchard Ave., Niagara Falls, ON L2G 4G6 2201 Damaged by fire, demolition or otherwise $81.98 01-84 Andrew & Joanna Paplinski, 6079 Culp St., Niagara Falls, ON L2G 2B6 2201 Damaged by fire, demolition or otherwise $320.73 01-85 Valentin & Franziska Mergl, 7619 Wilson Cres., Niagara Falls, ON L2G 4S3 2001 Damaged by fire, demolition or otherwise $60.35 01-86 Rita Visca, 5124 Montrose Rd., Niagara Falls, ON L2H 1K5 2001 Damaged by fire, demolition or otherwise $420.16 01-87 City of Niagara Falls, 4310 Queen St., Niagara Falls, ON L2E 6X5 2001 Became exempt $1,434.39 01-88 Arturo & Josephine Miresse, 6557 Pitton Rd., Niagara Falls, ON L2H 1Z9 2001 Damaged by fire, demolition or otherwise $387.27 01-90 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $1,941.31: 01-92 Diane Anna MacLeod, 4045 Fieldstone Ave., Niagara Falls, ON 1.2H 2V3 2001 Ceased to be liable to be taxed at rate it was taxed $1,996.86' 01-92A Diane Anna MacLead, 4045 Fieldstone Ave., Niagara Falls, ON L2H 2V3 1999 Ceased to be liable to be taxed at rate it was taxed $1,602.89 01-92B Diane Anna MacLeod, 4045 Fieldstone Ave., Niagara Falls, ON L2H 2V3 2000 Ceased to be liable to be taxed at rate it was taxed $1,506.76 01-93 Li Weimin, 6003 Lundy's Lane, Apt 3, Niagara Falls, ON L2G 1T2 2001 Ceased to be liable to be taxed at rate it was taxed $0.00 01-94 Adrian & Rosa Formisano, 4986 Bridge St., Niagara Falls, ON L2E 2S5 2001 Gross or manifest clerical error $0.00 01-97 Hoco Limited, PO Box 60 Stn Main, Niagara Falls, ON L2E 6S8 2001 Damaged by fire, demolition or otherwise $13,053.03 01-98 Michael Anthony & 'rina Rose Piccidllo, 4874 Hunter St., Niagara Falls, ON L2G 2M8 2001 Damaged by fire, demolition or otherwise $504.29 01-100 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $617.22 01-101 Elsie May Fowler, 3033 St. Paul Ave., Niagara Falls, ON L2J 2L7 2001 Damaged by fire, demolition or otherwise $569.34 01-102 Maurizio & Antonio Visca, 7370 Monaster,,/Dr., Unit 12, Niagara Falls, ON L2H 3C4 2001 Damaged by fire, demolition or otherwise $389.78 01-104 District School Board of Niagara, 191 Cadton St., St. Cathadnes, ON L2R 7P4 2001 Damaged by fire, demolition or otherwise $327.,1~ 01-105 The City of Niagara Fails, 4310 Queen St., PO Box 1023, Niagara Falls, ON L2E 6X5 2001 Became ~x~,,,pt $904.32 Page 2 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 443 and 442 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA 01-106 I Jean Mildred Newman, 4051 Drummond Rd., Niagara Falls, ON L2E 6C1 2001 Ceased to be liable to be taxed at rate it was taxed I $16.49 01-107 ~_Newman, 4051 Drummond Rd., Niagara Falls, ON L2E 6Cl 2001 Ceased to be liable to be taxed at rate it was taxed _ $32.9! 01-111 I Joseph & Nicole DiCosimo, c/o 4199 River Rd., Niagara Fails, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $138.12 01-112 I Frank & Barbara DiCosimo, c/o 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $113.93 01-113 'Joseph DiCosimo in Trust, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $135.2~ 01-114 Frank DiCosimo in Trust, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $101.12 01-115 Aroldo & Emilia Mancini in Trust, c/o 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $195.22 01-116 : Emilia Mancini, c/o 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $20.02 01-117 Aroldo Vincenzo Mancini, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $128.16 01-118 Aroldo Vincenzo Mancini, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $131.00 01-119 Frank DiCosimo in Trust, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $105.39 01-120 ;Emilia Mancini, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $148.08 01-121 i Aroldo Vincenzo Mancini, 4199 River Rd., Niagara Falls, ON L2E 3E7 2001 Damaged by fire, demolition or otherwise $146.66 01-123 District School Board of Niagara. 191 Carlton St., St. Cathadnes, ON L2R 7P4 2001 Became exempt $730.04 01-124 District School Board of Niagara. 191 Carlton St., St. Cathadnes, ON L2R 7P4 2001 Became exempt $309.55 01-127 Edc Wiens Construction Limited, RR 3 Stn Main, 3705 Ninth St. Louth, St. Cath. ON L2R 6P9 2001 Gross or manifest cledcal error $260.11 01-128 Niagara Regional Municipality, 2201 St. David's Rd W., PO Box 1042, Thorold, ON L2V 4T7 2001 Became exempt $0.00 0-~-129 Cyro Canada Inc., PO Box 898 Stn Main, Niagara Falls, ON L2E 6V6 2001 Ceased to be liable to be taxed at rate it was taxed $0.00 01-131 Ruth Siedersberger, 5854 Swayze Dr., Niagara Falls, ON L2J 3V9 2001 Ceased to be liable to be taxed at rate it was taxed $0.00 01-132 Ralph Joseph Biamonte, 3423 Baker Cres., Niagara Falls, ON 1.2J 1R8 2001 Damaged by fire, demolition or otherwise $210.46 01-133 John De Ruyte, RR 1 Stn Main, Welland, ON L3B 5N4 2001 Damaged by fire, demolition or otherwise $15.75 01-133A John De Ruyte, RR I Stn Main, Welland, ON L3B 5N4 1999 Damaged by fire, demolition or otherwise $16.12 01-133B John De Ruyte. RR 1 Stn Main, Welland, ON L3B 5N4 2000 Damaged by fire, demolition or otherwise $16.12 $74,135.81 APPROVED this 22nd day of Apr. ,2002 REPORT NO. F-2002-26 WAYNETHOMSON, MAYOR DEAN IORFIDA, CITY CLERK Page 3 The City of ,~i~Jl~ Niagara Fallslll~ I - Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor L-2002-21 April 22, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council, City of Niagara Falls, Ontario Members: L-2002-21, Uguecioni Agreement with the City Building Permit - Testamentary Devise Miller Road Our File No.: 2002-110 RECOMMENDATION: That Council authorize an Agreement dated April 5, 2002 between Mary Christine Uguccioni and Paul August Uguccioni and the City regarding application for a building permit. BACKGROUND: Mary Christine Uguccioni and Paul August Uguccioni are the owners of part Township Lot 15, Broken Front Concession, Niagara River formerly in the Township of Willoughby, now in the City of Niagara Falls designated as Part 6 on Reference Plan No. 59R-5340 and shown in heavy outline on the plan attached. The subject parcel was created under testamentary devise by the Last Will and Testament ofFaye Schnurr. Pursuant to City policy, respecting lots created in this manner, any person or persons making application to the City for a building permit is required to enter into an agreement with the City to ensure that no building permit would be issued until such time as certain requirements are met. The L-2002-21 - 2 - April 22, 2002 agreement not only binds the owner of the subject land but also their respective heirs, executors, administrators, successors and assigns and assigns in title. In exchange for meeting the requirements described in the Agreement, a building permit would be granted to the owner of the subject lands. Staff reviewed the request and has determined that an agreement between the owner and the City would be appropriate to adequately protect the City. Prepared by: S.M. Daniels, A.M.C.T. Legal Assistant/Property Manager. by: I~0. Kallio, City Solicitor. Approved by: Tony Ravenda, Executive Director of Corporate Services. Respectfully submitted: John MacDonald, Chief Administrative Officer. 0 INST. RUMEN' PART PART 2 3 MILLER SCHEDULE GRANTEE FAYE K. S~R JHARRY OAKES I REQUIRE THIS PLAN TO SE OEPOSlTED UNDER THE REGISTRY ACT. PLAN ~ RECEIVED ANO DEPOSITED ~,~. LAND REGISTRAR FOR THIS PLAN OVERLIES ALL OF PLAN 59R-5219 PART ..~01~'~ ~o~'.o NUMBER PART zoct. o ( ROAD ALLOWANCE BETWEEN LOTS 14 Z 15) ROAD ~I~ ~ueen ~tr~zt (!illS) 3!iB-2'!i31 {!xt. 511111 buaciluna@rit!t.niallarafalla.un.ca April 22, 2002 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: re: CAO-2002-03 - Clarification and Response to Allegations RECOMMENDATION: 1) That Council receives the information contained in this.report. 2) That Council provides clarification on the status of the Ad Hoc Committee dealing with MinorHockey. ~ 7-~,~r 77¢~, YID ~/oe~ czo~irrt2-- ~>~ At the April 8, 2002 Council Meeting, a number of allegation~ were raised. This report will address the apparent discrepancy of $20,000 in billings for Minor Hockey and the allegation made by Aldemian Janice Wing that a secret report was being prepared to discredit her. The remaining Friends of Lundy's Lane Battlefield issues and allegatiom raised by Alderman Wing will be addressed in a future report. ' According to Aldenuan Federow, he had three separate doCUments which showed different invoice amounts for 1999/2000 ice hockey season which reflected a {liscrepancy of $20,000 in billings for Minor Hockey. A meeting was held with Alderman Fede~ow and staff in order to provide an explanation. · The first document contained the season billing for o~ly regular league play. · The second document contained the billing for both regular league play and Minor Hockey tournaments. Therefore, it was a higher amount thah stated in the first document. Staff would like to assure Council that all ice time used by Minor Hockey has been in voiced and payment has been receivea[ April 22, 2002 - Page 2 - CAO-2002-03 The third document was a financial statement produced by the Treasurer of Minor Hockey. According to the Treasurer, the ice billing figure in the statement reflected only for regular league play and not tournaments. The Treasurer also explained that there are instances where regular league ice billings are also charged to their Bingo Account. Without doing an in- depth investigation, the Treasurer assured staff that the figure included in the financial statement was indeed accurate. The Treasurer of Minor Hockey fully cooperated with staff, however, she questioned why staffwas asking these questions, given the resolution of the previous lawsuit settlement. According to the settlement, the three petitioners agreed not to ask any further questions about the "old issues" and Minor Hockey agreed to drop the lawsuit. Minor Hockey was clearly of the opinion that the Ad Hoc Committee had been disbanded. Since this telephone conversation, the attached letter has been received from the Solicitor representing Minor Hockey. During discussions with Alderman Federow to clarify his perceived financial discrepancy, he mentioned that the Ad Hoc Committee was still in existence and that he was continuing the Minor Hockey investigation. According to the City Clerk, Alderman Federow is correct and the Committee is still in existence. However, as previously explained, the understanding of the Minor Hockey Executive Members, based on the signed settlement, is that the Ad Hoc Committee was disbanded and that no further investigation of past issues would continue. Given the apparent confusion over the status of the Ad Hoc Committee, staff is asking Council for clarification and direction on this matter. Alderman Federow also expressed concern that it was difficult to obtain information from staff on the budge, prior to budget discussions at Council. Staff made every effort to provide adequately for Council to review the budget document. In fact, Staffdoes not recall any time in the past where such a long period of time was provided in which to review the budget document before it was discussed and approved at Council. The budget document was provided on March 7, 2002 and presented at Corporate Services on March 18, 2002 for consideration, and finally approved by Council on April 8, 2002. Staffmembers made themselves available to respond to inquiries from Council during this time. In Alderman Federow's case, Finance staffspent approximately four (4) hours, on March 21 explaining the budget and providing the rationale for the details of the budget. During the meeting, Ms. Kon visited Mr. Burden's office at which time she left an invitation for Alderman Federow to ask any questions about the Parks, Recreation and Culture Budget. Alderman Federow was also informed, at that time, that Mr. Dujlovic had extended the same invitation. In addition, Aldeiman Federow was invited to contact Finance staff following that meeting with any further enquires he might have. Staff would welcome any further suggestions from Council as to how staff might be more accessible to provide details on the budget in the future. April 22, 2002 - Page 3 - CAO-2002-03 At the April 8ih Council Meeting, Aldemian Federow also alluded to being denied information by the Clerk's Department and being directed to Council. To provide the proper context, the Alderman made a request for information "on every contract the City entered into in 2001." It was assumed that the request was for all tender summaries. After discussions with employees in Purchasing and Municipal Works it was concluded that this retrieval of information would take some time. The Alderman was advised in writing that, as per policy, such a labour intensive task should be directed through Council. You may recall that Alderman Federow did not make a motion for this information at the April 8th Council meeting. In addition, as the attached memo from the Clerk indicates, Alderman Federow made a number of other requests, all of which were accommodated. These requests were made the morning of Friday, March 22nd and the information was in his Council package for delivery that afternoon. With reference to Alderman Wing's allegations that a report was being prepared to discredit her, staffhas spoken with our former C.A.O., Ed Lustig. A copy of his response memo is attached. According to Mr. Lustig, he did not at any time inform Alderman Wing that there was a report being prepared to discredit her. The C.A.O. has surveyed all Senior Staff to determine if anyone had knowledge of such a report being discussed or written. Staff wants to assure Council that such a report was never written or even considerea[ Respectfully Submitted:/ff Chief Administrative Officer JM/AK/KB/DI:kk Attachments DANIEL, BLACK, HILL, TIIDUS' DeLORENZO, SHEDDEN, DONOHUE eZ SHEPPARD LLP lqalllnm Address: Box ~ 2~22 RI~LY TOz. D, C, Oe~ Ap~ 16, 2OO2 Attn: Mayor Wayne Thompson The City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir: Re: Niagara Falls Minor Hockey Association Qln' F'fle No. 33760-CBB As you will recall, City Council took an interest in the Niagara Falls Minor Hockey Association and fot-uied an ~_d hoc committee ill thLn regard. After many month~ of turmoil, I attended City Council and City Council voted to disband tho ad hoc committee. Many comrnenta were made by Alderman that the running of Niagara FalLs Minor Hockey is not the business of City Council and I believe, City Council as a whole wa~ pleased to dispense with the issue of Niagara Falls Minor Hockey. I have r~eived information from my client confirming that certain Aldermen appear to be re-visiting this issue and have mad~ enquiries concerning the usage of Niagara Falls Minor Hockey ice time. Given the hi.~tory of this matter, I have concerto over the motives and rational for these enquiries. I do not wish any misunderstandings to development mud therefore, I have advised my clients that any enquiries by City Council representatives with respect to the operations of Niagara Falls Minor Hockey Association should be directed to me. I would appreciate if you would advise the Aldermen of this situation. If they wish to make any enquires, please have them direct the enquiries to me and I would happy to discuss both the propriety and substance of their enquiry. 2 I thank you for your ~ooperation in thii mawr. DCD/rr cc Niagara l~all$ Minor Hoc~), Ar~oci~ion Artn: B#tch Respectfally, rk's Department r-Departmental Memorand~ To: Alderman Art Federow i Date: The City of Niagara FallsI Canada March 22, 2002 From: Dean Iorfida City Clerk Ext. 4271 Subject: Various Requests Tender Summaries for 2001 As per your request, I have looked into providing you with copies of all Tende-r-Summaries for 2001. Not all of these summaries are kept by the Clerk's Department. Many tenders are done through the Municipal Works department. Because of the work required in compiling this extensive information, I have informed John MacDonald and Tony Ravenda. They have asked that you bring forward this request to Council as per the policy that was discussed at the February 18th Council meeting. Minutes from December 10, 2001 I have. provided you with a videotaped copy of the pertinent portion of the Council meeting from December 10, 2001 where the appointment of Ed Lustig to the People Mover Project was discussed and ratified. Please also find the minutes and report related to that item. Minutes from September 19, 2001 From the Special Meeting on the Rail line acquisition. Other pertinent minutes can be found in the December 10, 2001 Meeting. Concession Stand Agreements Please f'md the agreements enclosed. Donations by Buck Hinsperger Karen Kitney has a file with this information. information. Please contact John MacDonald regarding this c. John MacDonald (memo only) Tony Ravenda (memo only) Wor~iu0 Tooe~er to Serve Our Communit~ Director Fire Services and Director People Mover Project Inter-Department Memorandum PERSONAL & CONFIDENTIAL TO: FROM: J. MacDonald Chief Administrative Officer E. P. Lustig Director Fire Services & Director People Mover Project, Ext. 4203 Niagara Falls Review Article April 9, 2002 - "Wing Alleges Smear Campaign" DATE: April 9, 2002 RECEIVED APR 1 0 2002 OFFICE OF THE ADMINISTRATOR This memorandum is further to our telephone conversation to-day respecting the above noted article. I did not watch the Council Meeting last night, however, the article quotes Alderman Wing as saying that I have told her that I "believed there might be a report being prepared to discredit her". Please be advised that I have not told Alderman Wing that there might be a report being prepared to discredit her. As you know, last Friday I had a good conversation with Alderman Wing respecting questions that she had raised with Staff concerning the budget relative to my operations. In the course of our conversation, I mentioned to her that my intentions, though not totally selfless, had been "noble" in making the proposal to Council last November respecting our realignment of activities. I also pointed out that Staffshould not be part ofa"political cross-fire" particularly Fay. Janice responded by lamenting the fact that during the time that I was CAO she felt that she was not fairly treated in respect of the Friends of Lundy's Lane Battlefield issue. I advised her that while I had not been directly involved in that matter as CAO, I accepted responsibility for whatever happened during my watch and was sorry if she felt she was unfairly treated - particularly since I had specifically cautioned Staff to ensure that a report on this subject that was to be submitted by me last Fall, in response to a request therefor from Council, avoided personalities. Alderman Wing advised me that she appreciated my comment in this regard. I would guess that my conversation with Janice lasted aborn half an hour. Her digression to the issue of the Friends of Lundy's Lane Battlefield and my response thereto lasted about 2 minutes of the conversation and the balance of the time was devoted entirely to the issue of Fay and my budget. Early on in the conversation~[ mentioned to Janice that I thought that Fay and I were getting caught in a political cross-fire. She agreed that this was the case. She indicated, however, that it was not personal (and later in the conversation described me as being "esteemed"). Ironically, I advised her that based on my years of experience it was wrong for Members of Council to use Staffin political fights. -2- The above is the essence of my discussion with her on this subject. I did not know until I was given a copy of the above noted article to-day that there was any report about the Friends of Lundy's Lane issue on Council's agenda last night. I certainly have no knowledge of any report being prepared on this topic for a future date as I do not attend City Staff Meetings any longer or receive Council materials. EPL:£s P.S. The problem, as I see it, is not whether Staffis disposed to being critical of Members of Council, since as I related above, the contrary appears to be tree. The real problem is that presently a riff exists between 2 or possibly more groups of Council Members. This is a problem that Council must somehow solve itself. In the meantime, however, placing the Staff who are actually responsible for carrying out the City's work in the middle of this dispute is both unfair and unproductive. Niagara Fails 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-2002-41 April 22, 2002 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2002-41 Response to Beefeater Niagara Ltd. Allegations RECOMMENDATION: For Council's information. BACKGROUND: On April 15, 2002, Mr. Charlie Burland representing Beefeater Niagara Ltd., attended the City Council meeting to speak against a streetscape plan for Fails Avenue proposed by Canadian Niagara Hotels Inc. Mr. Bufland was critical of the process being followed by the City in considering the proposed streetscape project including the difficulty in gaining access to information concerning the proposal, the lack of sufficient notice, potential impacts the proposal might have on pedestrian flows, construction safety and access and the need to address other relevant factors which may affect the economic viability of Clifton Hill and Falls Avenue. Mr. Burland also made several remarks about the lack of transparency in the City's public decision making process, the impropriety of recent Committee of Adjustment approvals and Council's approval of a fountain encroachment on a public sidewalk with no public input. The following comments and attached documentation provides a detailed response to the allegations raised. The report is organized following the same order Mr. Burland used in his Council presentation. 1. Previous Committee of Adjustment Approvals. Mr. Burland alleges the difficulties he has experienced over the last 18 months with respect to two Committee of Adjustment decisions regarding proposed building expansions by Working Together to Serve Our Community Clerk's · Finance Human Resources · Information Systems · Legal Planning & Development April 22, 2002 - 2 - PD-2002-41 Canadian Niagara Hotels (CNH). Mr. Burland contends that in both cases, CNH did not follow the legally required process. The Committee of Adjustment approved two building projects through minor variance applications whereas he believed that rezoning should have been the proper application format. Mr. Burland further contends the City should not permit incremental piecemeal development through the minor variance process. More comprehensive by-law amendment procedures should have been used. Committee of Adjustment application A-37/2000 Proposed Hotel meeting rooms and entertainment centre As indicated in the documents attached as appendices 1, 2 and 3 City staff advised the proponents early in the process that the proposed building expansion and entertainment centre would require a rezoning. Notwithstanding this planning opinion, CNH submitted a minor variance application and staff had no authority to refuse its processing. The Committee of Adjustment was advised of the Planning Department's opinion regarding rezoning and as the minutes of the meeting reveal the same opinion was rendered by a planner and a lawyer representing Beefeater Niagara Ltd. The Committee of Adjustment approved the minor variance application citing the following reasons for approval - that the requested variances were minor in nature, desirable for the appropriate development of the land and is within the general intent of the Official Plan and Zoning By-law. Beefeater Niagara Ltd appealed the Committee of Adjustment decision to the Ontario Municipal Board, however, the matter was not adjudicated but settled between the parties. Although Beefeater had the right to have its appeal decided by the OMB, it chose not to do so and instead, settled the matter with Canadian Niagara Hotels. One of the allegations made against the City at the Council meeting of April 15, 2002 by Charlie Burland, an officer of Beefeater and Budand Properties was that the City did not enforce the decision of the Ontario Municipal Board when it granted two minor variances for the convention centre and the RainForest Caf6. This matter is presently before the courts in Action No. 43328/01 between Beefeater and Burland and the City and Sheraton on the Falls. While the matter should not be discussed publicly while it is before the courts, the allegation by Mr. Burland at the Council meeting of April 15 mirrors the allegations in the lawsuit. The lawsuit has been adjourned indefinitely at the request of Beefeater and Burland, to which request the City has consented. At the conclusion of the lawsuit, there will be a full report presented to Council. Committee of Adjustment Application A-06/2002 Proposed Drop Zone Commercial Amusement and Carousel Upon completion of the hotel meeting rooms and entertainment centre, CNH inquired as to the process required to add two building additions to the existing construction in the from of amusement rides. As set out in the attached appendices 4, 5 and 6 the Planning Department placed the onus on the proponent to justify the from of application with proper support documentation. CNH chose the minor variance route and submitted the requested support materials. Planning staff recommended support of the minor variance application and the Committee of Adjustment approved same. April 22, 2002 - 3 - PD-2002-41 Mr. Takishita, Solicitor for Beefeater Niagara Ltd, was present at the meeting and presented arguments against the minor variance application including the inappropriateness of the process being followed. Beefeater Niagara Ltd has appealed the second application to the OMB. It is staff's respectful opinion that the Committee of Adjustment has the authority under the Planning Act to decide on any application brought before them despite the recommendations ofstaffand the public input received. The appeal procedures under the Act provides for the accountability of the process. As demonstrated in appendices 1 through 6 the process is fully transparent and Mr. Burland has and continues to exercise his fights to appeal decisions. Fountain Encroachment on Public Sidewalk The Water Feature in front of the RainForest Caf6 was reviewed and approved by staff through the Site Plan Approval process having met the standards for access and pedestrian safety. The feature did encroach minimally onto the municipal road allowance requiting Council's approval and on April 23, 2001 authorization was received (see appendix 7:- MW-2001-54). No other permits or public notification was required. The installation of the fountain was not related to the OMB hearing that dealt with the minor variance application for the additions to the hotel and the RainForest Caf& Falls Avenue Master Plan The initiative of CNH to upgrade Falls Avenue and a portion of Clifton Hill does not fall under any Planning Act approval process. CNH retained consultants to prepare the Master Plan proposal and after a series of consultation meetings with NPC and City staff, revised plans were submitted for the purpose of seeking Council's approval City departments receive numerous proposals in the course of the year from third parties such as developers, hotel owners and builders. Most third parties speak to staff with an expectation of confidentiality until their plans are finalized and are ready to be made public. Should any proposal require the legal giving of notice, the holding of public meetings and background documentation, the City is not only required by law to comply but in fact does so. In this case, there are no statutory notice requirements. The allegations that sufficient notice was not given and that there was a reluctance to share information are unfair. The City does not share proposals until they are ready to come before Council. In this case, when there was interest expressed in the proposal, a copy of the final plans were given to Mr. Burland as soon as they were available and notice that Council would be considering the matter in principle at its meeting of April 15 was given even though there was no legal requirement to do so. The detailed analysis and public input will follow the Council meeting of April 15. April22,2002 -4- PD-2002-41 With respect to the other issues raised by Mr. Burland regarding potential impacts, staff shares many of these concerns and has identified same in form of attachments to the submitted Council report, The concerns of Mr. Burland regarding public input and due process were intended to be accommodated by recommendation 4 in the Council report seeking BIA comments prior to any construction. It has always been City practise to consult with local BIA's regarding any streetscape improvement works, notwithstanding the fact that there is no legislated process setting out procedures to be followed. CONCLUSION: The development approval process is often perceived as complicated and confusing. Staff attempt to guide building proponents through the appropriate approval processes however, some applicants wish to pursue applications in formats which may not be recommended or prescribed. No one would disagree with Mr. Burland's contention that a more comprehensive planning approach for the CNH lands would be desirable, however, the City is not in a position to require same. Indeed, incremental applications have been submitted which the City is obliged to process. The Committee of Adjustment and Council exercise their decision making authority in accordance with the Planning Act having regard to staff recommendations but are not always in agreement with same. The public input process and legislated appeal procedures are designed to ensure accountability and provide for transparency in the decision making process. Staff respectfully submits this report to respond to the issues raised by Mr. Burland. Staffbelieve that the integrity of the City development approval process is being challenged and a full and detailed response is in order. Staff are prepared to answer any further questions which may arise at the Council meeting. Mr. Burland has been invited to attend. Prepared and Recommended by: anning & Development Ed Dujlovic Director of Municipal Works .Respeclfully submitted: /~/ ~h~hnoeMa~cDOnald /~/ Chief Administrative Officer roved by: ~ Tony Ravenda ~ Executive Director of Corporate Services DD/RK/ED:am APPENDIX 1 Planning & Development Department 4310 Queen Street The City of P.O. Box 1023 Niagara Falls lJ~l~, Niagara Falls, ON L2E 6X5 Ca web site: www.city.niagarafalls.on.ca ~ I -- Tel: (905)356-7521 Fax: (905) 356-2354 E-mail: nfplan@city.niagarafalls.on.ca Doug Darbyson Director June 8,2000 Italia Gilberti Broderick & Partners P.O. Box 897 Niagara Falls, ON L2E 6V6 Dear Ms. Gilberti: Re: Application to Committee of Adjustment Canadian Niagara Hotels Inc. I am writing to update you on the above noted Committee of Adjustment (C of A) application, the discussions that have taken place and the comments which have been received to date. l) 2) 3) 4) On May 23, 2000 you and Dino Sr. met in my office to discuss whether the proposed expansion of the Foxhead Hotel should be considered as a minor variance application or rezoning. The Planning Department expressed the concern that the proposed 62,000 square feet addition requiring substantial variance to height, lot coverage, rear yard setbacks and parking may not meet the Planning Act requirements for consideration as a minor variance. We also noted Council's procedural policies set out in O.P.A. #26 which identifies Council as the approval body for new tourist commercial developments. On May 26, 2000 you responded in writing that Canadian Niagara wished to proceed with an application to the Committee of Adjustment. Your letter reviewed the four tests set out in the Planning Act which the Committee of Adjustment must consider in determining its decision making authority in this matter. We agree that the Committee of Adjustment may grant the requested variances if in their opinion, all four tests have been satisfied. Given that the plans submitted with the application contain very limited information, I visited the site on May 25, 2000 to gain a better understanding of the project. Dino Sr. gave me an additional ground elevation plan for Falls Avenue which indicated that a recessed pedestrian courtyard was planned and that the Falls Avenue facade was intended to be constructed with less glass than was originally shown. With the focus of the new Official Plan on building design, this additional information is appreciated. Public notice for the proposed Committee of Adjustment application was made on May 29, 2000. The notice refers to an addition comprising of hotel meeting rooms and entertainment area- a change from the submitted application describing the project as a conference/entertainment centre. This change was requested by Dino Sr. to better reflect the intent of the application. You will also note that four variances are described in the notice. Based on clarification received, a fifth variance regarding parking stall sizes would not be required. lVorking Together to Serve Our Community -2- 5) 6) The application was circulated to various commenting departments and agencies. To date comments from the Building Division and Ministry of Transportation have been received. Verbal comments have also been received from the Municipal Works Division regarding parking and traffic impacts. A site meeting was held Monday, June 6 to acquaint various staff as to the project layout. The Building Division and Fire Department were satisfied that their concerns would be addressed. Dino Sr. has forwarded to the City a copy of a 1997 traffic study. Upon review of this study, the Municipal Works Division has determined that it does not address the proposed expansion and the study is based on outdated traffic information. A meeting has been arranged for Thursday, June 8, 2000 to discuss the need for a parking and traffic study update. The next step in the process is to prepare a staff report to the Committee of Adjustment. Before doing so, we would like to provide you with a summary of our concems. In our view, there are two fundamental problems associated with the proposed application as a minor variance. The Official Plan contemplates that all new tourist commercial development will be guided by its prescribed policies. We believe that it was the intent of Sections 4.13, 4.1.23 and 4.1.24 to have Council deal with applications of this nature and apply appropriate design criteria. The second problem deals with the antiquated nature of the applicable by4aw 5335. How can a minor variance application meet the purpose and intent of a by-law which never contemplated modem day high-rise hotels with higher parking standards and full service facilities such as meeting rooms, entertainment and retail areas, valet parking and bus drop--offs. We should set a time frame for bringing the whole of the Canadian Niagara Hotels property up to contemporary zoning standards to avoid this problem in the future. Having regard to the foregoing, we are concerned that the Committee of Adjustment may not feel that they have the proper authority to deal with the application as a minor variance. A third issue deals with impact. It would appear that a traffic impact study will be required by both the City and Ministry of Transportation. This would be recommended as a condition, if the C of A were of a mind to approve the application. These matters will be dealt with in City staff's report to the C of A. Please do not hesitate to call me before our report is finalized so that all of the issues can be dealt with in an objective manner. Yours truly, DD:tc E. P. Lustig John MacDonald Doug Darbyson Director of Planning & Development Ext. 4230 FILE: S :\Co fA2000\Canadian.37\Gilbe~li.ltr.wpd APPENDIX 2 REPL .r TO THE COMMITTEE OF ADJ rMENT City of Niagara Fulls DATE June 9.2000 NAME OF MUNICIPALITY HEARING DATE Tuesday. June 13. 2000 FILE NO. A-37/2000 NAME OF APPLICANT Canadian Niagara Hotels Inc. SUBJECT PROPERTY 4915 Clifton HIll LEGAL DESCRIPTION Part Lot No. 106-1 (Parts of Lots 106 & 107'~. Plan 1002 PROPOSAL: The applicant is proposing to construct an addition to the existing hotel complex to accommodate proposed hotel meeting rooms and entertainment area. Relief to the following provisions of Zoning By-law 5335, 1955 as amended and as amended by the Site Specific By-law 98-155 are required: Provision Existing Proposed Requirement Extent of Variance Requirement Maximum Height 35 feet 72 feet 37 feet Maximum Lot Coverage 80% 90% 10% Rear Yard Setback - 24 feet 0 feet 24 feet North Parking Spaces - on site 80 43 37 A. ~ Tourist Commercial (OPA 26) DOES THE PROPOSED RELIEF FROM THE BY-LAW MAINTAIN TRE GENERAL' INTENT AND PURPOSE OF TIOg OFFICIAL PLAN? YES NO X COMMENTS: The Committee of Adjustment must have regard to the newly adopted Official Plan Amendment #26 when considering the proposed minor variance application. This amendment was not In effect when previous minor variance applications were brought before the Committee. Section 4.1.3 of the Official Plan indicates that all new tourist commercial development will be guided by the policies of the new Official Plan. Sections 4.1.23 and 4.1.24 of the Official Plan establishes design criteria for high rise hotels including their podium base components. Section 4.4.2 of the Official Plan Indicates that building hetght~ throughout the tourist area shall be restricted to four storeys in accordance with the provisions of the Zoning By-law. By-law 5335 specifies 35 feet as the maximum building height. Section 4.4.2 further states that Council shall consider the allocation of additional building heights through site specific rezonlngs. The height of the proposed hotel podium (72 feet) exceeds the criteria stated In this policy which prompts the need for rezoning. The Commltiee will need to determine If the purpose and Intent of the Official Plan Is being maintained when considering the proposed application. B. ~ Commercial I (By-law 5335 as amended) DOES THE PROPOSED RELIES' FROM THE BY-LAW IVL4.1NTAIN TI-rE GENERAL INTENT AND PURPOSE OF THE ZONING BY-LAW? YES NO X COMMENTS: Within the Tourist Commercial core area only the Canadian Niagara Hotels property falls under Zoning By-law 53:35, The by-law is old and very antiquated compared to By-law 79-200 which applies to all other Tourist Commercial properties. By-law 5335 provides no definitions for a hotel or Its ancllinv/uses and Its parking requirements are substandard. It would be safe to say that this by-law did not envision the form of m~dern day hotel developments that the City is presently experiencing. The Committee will need to determine whether the purpose and Intent of By-law 5335 is being maintained when considering the proposed variance application. I$ THE PROPOSAL DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND, BUILDING OR STRUCTURE? YESX COMMENTS: The development of a podium base for the Foxhead Hotel will provide the necessary meeting rooms and amenities generally associated with new hotel development. Whether the ground floor building plans provide suitable loading and unloading space, hotel drop offs for buses and other design matters relaflve to pedestrian and traffic movements, remains to be investigated. Both the City's Municipal Works Department and the Ministry of Transportation are requiring a Traffic Impact Study to be undertaken prior to site plan approval to ensure that parking, pedestrian and traffic related matters have been appropriately addressed. Staff have discussed this requirement with the applicant and the requirements of the Municipal Works Department and Ministry of Transportation are outlined in their reports. IS THE PROPOSAL CONSIDERED MINOR IN NATURE? Y~s NO X COMMENTS: The proposal does not appear to meet the Planning Act's four tests for the application to be considered os a minor variance. RECOMMENDATION: The Committee of Adjustment will need to consider whether they have the authority to deal with the proposed minor variance application having regard to the four tests set out in the Planning Act. Should the Committee determine that the application is appropriate, approval should be conditional upon a Traffw Impact Study being undertaken to the satisfaction of the Ministry of Transportation and the City prior to site plan approval and construction. The results of the study are to be implemented to the satisfaction of both the City and the Ministry of Transportation. I)~,TE June 12. 2000 ~IGNATURE ~"~"- ]~.ME Dou£, Darbvson ~fl'LE Director of Plannlne & Develonment DD/am S:\Ce fA2000',~_~an~iaa37XteporL wpd APPENDIX 3 Minutes of a Committee of Adjustment meeting, Tuesday, June 13, 2000 at 5:00 p.m. in Committee Room 2. ATTENDANCE: J. Hiebert (Chairman), V. Pietrangelo, C. Ioannoni, E. Michalczyk, C. Antonio, G. Prata, W. Thomson, K. Feren (Members), R. Wilson, Wm. Clark, A. Morocco (Staff). ABSENT: J. Collinson MINUTES: It was moved by C. Antonio, seconded by V. Pietrangelo, that the minutes from May 23, 2000 be approved as circulated. Carried Unanimously. A-37/2000, Canadian Niagara Hotels, Agent - Italia Gilberti, 4915 Clifton Hill: The applicant is proposing to construct an addition to the existing hotel complex to accommodate proposed hotel meeting rooms and entertainment area. Relief to the following provisions of Zoning By- law 5335, 1955 as amended and as amended by the Site Specific By-law 98-155 are required: Provision Existing Proposed Requirement Requirement Maximum Height 35 feet Maximum Lot Coverage 80% Rear Yard Setback - North 24 feet Parking Spaces - on site 80 Extent of Variance 72 feet 37 feet 90% 10% 0 feet 24 feet 43 37 The Planning and Development Department recommended the Committee of Adjustment will need to consider whether they have the authority to deal with the proposed minor variance application having regard to the four tests set out in the Planning Act. Should the Committee determine that the application is appropriate, approval should be conditional upon a Traffic Impact Study being undertaken to the satisfaction of the Ministry of Transportation and the City prior to site plan approval and construction. The results of the study are to be implemented to the satisfaction of both the City and the Ministry of Transportation. W. Thomson, E. Mi~halczyk and K. Feren declared a conflict of interest for the application. Correspondence City of Niagara Falls Planning & Development Department Broderick & Partners dated May 26, 2000 Broderick & Partners dated June I, 2000 City of Niagara Fails Building Division City of Niagara Falls Municipal Works City of Niagara Falls Traffic & Parking Services Ministry of Transportation Regional Niagara Health Services Department Tremayne-Lloyd Partners dated June 12, 2000 Broderick & Partners dated June 8, 2000 Mr. Dino DiCienzo, Ms. Italia Gilberti - Agent for the applicant and Mr. t~lichael Shore were present at the meeting. The architect for Mr. DiCienzo, Mr. V. Panici was als6~present in the audience. J. Hiebert confirmed Nina Perfetto and Wendy Nott were present at the meeting in opposition to the application. Nina Perfetto represents Beefeater Properties lnc and C.I. Burland who are the owners of the adjoining land to the west. Ms. Perfetto noted they agree with staWs report stating the application is not minor for the reasons set out. They ask the committee to consider the application in the context of the applicants previous building practice. Where minor variances have been granted after the fact, after construction has commenced. In their view it is another attempt by the applicant to do things in an incremental way, all the small steps, minor variances when you look at the total impact of the development is does require a more thorough review or more thorough look at what is going on. Given their own Official Plan and the antiquated by-law it is obvious that the intent is that there be a site specific rezoning in these circumstances. This is the type of application that requires Council review, review of all the issues and a great deal of public input. The letter by Council for the applicant states very clearly that this is one land holding, all the more reasons why th'is committee should look at it as a big parcel which requires a rezoning. This is not minor variance and is only the next step for the one that is to follow that is we know this applicant is going to continue to develop in small steps or big steps but he calls them small steps. Her client would have been severely impacted by these developments or by these small process and is here today to voice his concerns. The fact that minor variances have been granted in the past should not be a factor for this committee. The minor variances were granted under circumstances where perhaps your hands were tied given the state of the development but each application should be considered by its merits and we agree with staWs report that the application does not meet the four tests in the Planning Act and in no way would collect the intent of the Official Plan that is now adopted or the Zoning By-law. Italia Gilberti spoke in length on the information that was presented in her document and as addressed by the Secretary-Treasurer to the Committee. In conclusion the applicant respectfully submits that all of the requested variances are minor in nature, are desirable for the location, do respect and maintain the general purpose and intent of the by-law and the official plan. V. Pietrangelo asked staff with regard to the report brought forward to the Committee of Adjustment why couldn't the application be considered minor in nature. Wm. Clark explained that under comments staff felt the proposal did not meet the Planning Act 4 tests for the application to be considered for a minor variance. It is the lack of, in staWs opinion, of compliance with official plan policies, zoning by-law provisions and the desirability of the' application which gave the response to "no" with regard to minor in nature. V. Pietrangelo questioned a vote of 2 to l, with respect to those 4 tests, where desirability is marked yes, official plan is no and zoning by-law is no. Wm. Clark noted the Planning Acts states that you should comply with all four tests and through desirability it could be deemed to be desirable provided that the appropriate parking study is completed. Wm. Clark further noted that the question of the 72 foot podium, the height exceeds the intent of section 4.4.2 of the Official Plan policy #26, therefore requires a zoning amendment. Wm. Clark also clarified for the committee members with respect to his question on height and By- law 79-200 that if the property was under Zoning By-law 79-200 the by-law would still require a rezoning for height. In response to further questions the committee was referred to the Planning report as stated: "the committee will need to determine if the proposed purpose and intent of the OP is being maintained in their consideration when considering the proposed application". The Zoning By-law reiterates the same statement. In response to V. Pietrangelo question that staff's only concern is height, Wm. Clark further commented that height was a problem, as was the lack of on-site parking at this particular site and there is a need to study the impact of the addition and the reduction in on-site parking and the aspect of off-site parking on the lands behind the Brock Hotel. V. Pietrangelo noted the surplus of off-site parking spaces. Wm. Clark agreed with .this statement but the concern would be with traffic and the trips generated from the site to the available parking spaces behind the hotel without the proper traffic study. D. DiCienzo advised the committee of a traffic study prepared by Totten Sims for the hotel including the meeting rooms and everything to go with the 670 room hotel. C. Antonio was advised by the applicant that the meeting rooms are for people already staying in the hotel. In response to a question from C. Antonio, Wm. Clark could not determine the time limit of the site plan and traffic study. The City's traffic staff feels the present traffic study needs to be updated to meet the requirements and today's standards. The MTO also requires a traffic study. If the present traffic study is deemed to be appropriate to their satisfaction then no further traffic study is required or if updates are required it will be a longer time limit. The traffic study is needed to be completed so those recommendations in order that they can be implemented within the site plan approval and can be implemented into the design and construction of the hotel. It was moved by C. Ioannoni, seconded by V. Pietrangelo that the application be approved, as the requested variance is minor in nature, desirable for the appropriate development of the land, and is within the general intent and purpose of the Official Plan and Zoning By-law. Approval is conditional upon a Traffic Impact Study being undertaken to the satisfaction of the Ministry of Transportation and the City prior to site plan approval and construction. The results of the study are to be implemented to the satisfaction of both the City and the Ministry of Transportation. Carried Unanimously B22/2000/NF Norman & Eleanor Smith, 9368 Ridge Road: The application is made for consent to convey 0.5 acres (0.2 hectares) of land which is to merge with the abutting rural residential land to the north known municipally as 9368 Ridge Road. The 74 acre (29.95 hectare) remnant parcel is to be retained for continued rural/agricultural use. The subject land is located on the south side of Ridge Road and west side of Morris Road, in the City of Niagara Falls. Mr. and Mrs. Smith were present at the meeting. J. Hiebert confirmed there was no one present either for or against the application. APPENDIX 4 Coq ,te 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 January 2, 2002 Emilio Raimondo Piraino & Raimondo Architects 4395 Kent Avenue Niagara Falls, ON L2H 1J1 Dear Mr. Raimondo: Re: Sheraton on the Falls Hotel -_4915 Clifton Hill Proposed Drop Zone Commercial Amusement I wish to confirm that the proposed "amusement", although a permitted use, exceeds the height limitations set out in the By-law. By-law 5335, 1955 as amended; and as further amended by By-law 7320, 1967 permits a building or structure to have a maximum height of 35 feet, whereas the Drop Zone structure will have a height of 160 feet. In order to proceed with this structure the By-law regulation will have to be amended through the zoning amendment process or varied by the Committee of Adjustment. In either case, it would be necessary for you to set out in your application planning arguments which would support your request. It would be prudent for your clients to engage the services of a professional planner to address the issue of height in terms of the Zoning By-law, the relevant Tourist Commercial Official Plan policies and the recent decision of the Ontario Municipal Board with respect to Committee of Adjustment application A-37/2000. The planner should also address the issue of height in terms of site characteristics and the surrounding properties. Yours t___t.t.t.t.t.t.t~ ..... Senior Zoning Administrator ~..~ Ext. 4233 WC:gd c. Ray Kallio Doug Darbyson Susan Scerbo S:\CO M UNITYXQ UE ENV IC\C LIFFONM 915Cliflon.ltr.wpd Working Together to Serve Our ConmtuniO~ Clerk's Finance . Human Resources · Information Systems · Legal Planning & Development APPENDIX 5 REPC £ TO TIlE COMMITTEE OF AD& £MENT Ci~ of Niagara Falls ~A.ME OF MUNICIPALITY FILE NO. A-06/2002 KEARBNG DATE NAME OF APPLICANT SUBJECT PROPERTY LEGAL DESCRIPTION PROPOSAL: Tuesday. February 12, 2002 a ~ 'a ot 5875 Falls Avenue Lot Nos, 106 & 107. Part of Lot Nos. 30, 31 & 14. Registered Plan No. 59R-4347 The applicant is proposing to construct an amusement structure and carousel on the subject property. Where By-law No. 5335 permits a maximum building height of 10.67m (35.0 fl.) on the westerly portion of the property, the amusement structure will have a height of 56.08m (184.0 fL). A variance of 45.41m (149.0 ft.) is requested. Where By-law No. 5335, as amended and as varied by the Committee of Adjustment, permits a maximum building height of 16.76m (55.0 fL) along the middle of the property's frontage on Clifton Hill, the carousel will have a height of 21.94m (72.0 ft.) A variance of S.18m (17.0 ft.) is requested. A. OFFICIAL PLAN: Tourist Commercial DOES TI:I. t3 PROPOSED RELIEF FROM ~ BY-LAW MAINTAIN Tlilg GENERAL INTENT AND PURPOSE OF 'l'ti~3 OFFICIAL PLAN? YES X NO COMMENTS: The subject property is located in an area where high-rise buildings are anticipated. Councilhas already addressed the Official Plan policy on additional height for this property through a zoning application, permitting a 22 storey hotel on the easterly portion of the property. The amusement structure and the carousel are proposed to be constructed behind the existing hotel adjacent to the Clifton Hill frontage. These structures, which are lower than the hotel, will not detract from or overwhelm the public realm or be visually massive. The Clifton Hill Tourism Subdistrict is intended to function as the commercial-entertaiament centre of the City. It's festival atmosphere is intended to be preserved and the proposal would enhance that atmosphere. Commercial, in accordance x, fith By-lawNo. 5335/55,.~s~amended. The property is also subject to the amending by-law, By-law No.0~5~t. 155 and the Committee of Adjustment, A-37/2000. DOES TIiiE PROPOSED RELIEF FROM'I'I:~ BY-LAW MAINTAI/q TI:II~ GENERAL INTENT AND PURPOSE OF 1'/~ ZONING BY-LAW? YES X NO COMMENTS: The intent behind the curtailment of building height to 10.67 melxes was to ensure that buildings reflect a pedestrien-scale design. The architectural detail and building articulation are being used to relate to human form. The height relief being sought is for two building additions. The amusement structure is a narrow point tower which is similar to the one on the opposite side of the street, but is shorter and has an open frame-type construction. The carousel is to be incorporated as the architectural feature on the existing podium level. Both slructures are proposed as integral features to the existing building behind the hotel that was approved by the Ontario Municipal Board. IS THE PROPOSAL DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND, BUILDING OR STRUCTURE? YES X NO COB~IVIENTS: The proposed building additions will complement the existing atmosphere and character of the area, The additions will not affect any site lines of the Falls enjoyed by adjoining properties nor cast excessive shadows on neighbouring properties. Both additions are similar to other architectural features that will add to the character of the site. -2- IS THE PROPOSAL CONSIDERED MINOR IN NATURE? YES X NO COlVIlVIENTS: The relief requested is minor compared to the height and massing already permitted for the existing hotel complex on the property. The proposal rdaintains the existing character of the area. RECOMMENDATION: The application, .4-06/2002, by Canadian Niagara Hotels, may be approved as it maintains the general intent and purpose of the Official Plan, maintains the general intent and purpase of the Zoning By-law, would be appropriate for the development of the land, butlding or structure; and ls minor In nature. DATE February 4, 2002 NAME Doue Darbvsan KM:ss S:~CofA2002~CanadianNiagaraHot¢ls.06~'eporLwpd TITLE ~Director of plannlnu & Develoument APPENDIX 6 ***Extract from Minutes of Committee of Adjustment Meeting - February 12, 2002*** Minutes of a Committee of Adjustment meeting, Tuesday, February 12, 2002 at 5:00 p.m. in Committee Room 2. ATTENDANCE: S. Volpatti (Chaimian), G. Prata, J. Collinson, C. Antonio, V. Pietrangelo, J. Hiebert, N. Puttick, K. Feren (Members), Wm. Clark, R. Wilson, S. Scerbo (Staff). ABSENT: W. Thomson (Member). A-06/2002, Canadian Niagara Hotels, 4875 Falls Avenue: Correspondence: City of Niagara Falls Planning & Development City of Niagara Falls Building and By-law Services Regional Municipality of Niagara Planning and Development Synectics Tremayne-Lloyd Partners Mr. Michael DiCienzo and his agent, Mr. Emilio Raimondo, were present at the meeting. Mr. Takishita, Tremayne-Lloyd Partners, on behalf of Beefeater Niagara Limited and C.I. Burland Properties Limited, was present at the meeting. Mr. Takishita pointed out a typographical error in his submission. The letter refers to an OMB Hearing in the year 2001, whereas it should read 2000. Mr. Takishita requested a copy of comments and recommendations read before the Committee. The second Synectics report made reference to a precedent setting decision, as it was called, of the OMB, essentially establishing that tall structures being built beside other tall structures were deemed minor. Perhaps someone on the Committee could make reference to that decision. Mr. Takishita was advised that his office should have a copy of the Board's Order. However, S. Scerbo would provide him with the Order. Mr. Takishita, referring to the Region's comments, addresses the issue as to whether or not the matter should have been considered as a by-law amendment rather than a minor variance application. The letter states that "the City should be satisfied that this application is following the appropriate planning process since policy 4.1.23 suggests that proposals to exceed 4 storeys shall be considered through a site specific zoning by-law amendment." Mr. Takishita stated that his clients have some serious concerns with the application. One of the major concerns that they have with the application is the process through which the application -2- has been pursued. Their position is that the application should have, from ..the beginning, proceeded through a zoning by-law amendment. There are some serious height differences from the drawings provided to the OMB and what is being pursued now through the minor variance application. The proposal is for a 149.0 fl. increase in height for the north tower and a 17 fi. increase on the south, which is very substantial. They have been advised by their experts that the setback requirements have been changed. In other words, the proposed structures will border on his clients land 2.0 fl. from the property line. Mr. Takishita pointed out that their position is that the applicant is trying to circumvent a more stringent by-law amendment process by pursuing numerous minor variance applications. There are decisions of the OMB that say that applicants can't try to do through a number of minor variances, what they should be doing through a by-law amendment, and in his opinion, this is what the applicant is doing. Mr. Takishita stated that the requested variances are not minor in nature, which is a test set forth in Section 45(1) of the Act. The proposal does not satisfactorily address the purpose and intent of the Official Plan and specifically Plan Amendment 26. The proposal does not satisfactorily address the purpose and intent of the current by-law, with respect to building heights. The proposal does represent appropriate and desirable development of the site due to it's potential for adverse impacts on neighbouring properties which in his view have not been addressed because this application is for a minor variance rather than a zoning by-law amendment. The proposed variances are not minor and should proceed by way of a comprehensive rezoning application which identifies and evaluates all of the intended development of the site. Therefore, the applicant shou_!d not be advancing these proposals in an incrementa! fashion. Mr. Takishita noted that their concerns deal with height and density variances that are being sought by the applicant. The application for these incremental variances accumulatively has a detrimental effect on his clients land and therefore should have been pursued properly through a zoning by-law amendment. The variances are not consistent with the Order of the Board, the Plans are not consistent with the plans put before the Board at the heating and subsequently approved by the Board. The applications do not confonn with Official Plan Amendment No. 26, and in their view as stated, the minor variances are not minor. They respectively request that the honourable Committee does not approve the minor variances as requested. E. Raimondo stated that they had met with City Staff, they have gone through a recognizable process that they had chosen. They feel that the project that has been presented does meet the 4 tests as required in the Planning Act, and their report specifically describes how they do. As far as the OMB hearing, Plans were presented at the Hearing, there were developments shown on the Hill side which was shown with a dashed line, which basically show retail uses. The proposed facilities support the 2 designated retail uses. As far as the contravention of side yard setbacks, from recollection at the OMB hearing, there was determination that there would be 2 additional buildings placed along Clifton Hill at which point and time the footprints were not determined and that is the reason why they were shown dashed. As a matter of fact, they felt that they have -3- actually improved the building configurations as previously shown on the. plans by making the buildings narrower and actually creating more public space in front of the Clifton Hill site. Therefore, they disagree with Mr. Takishita's comments respecting this. E. Raimondo stated that as far as the attractions not being minor in nature, they feel that they have looked at the various issues and have met with Staffto discuss the issues in great depth and feel that the attractions are minor in nature. J. Collinson asked Wm. Clark how the proposal affects the parking requirements. Wm. Clark responded that there are no additional parking requirements. J. Collinson asked the applicant if the attached conditions of the Board's Order have been met. E. Raimondo stated that the 4 conditions have been placed on the site plan. In response to J. Collinson, he added that the building falls well within the boundary lines and also within the development requirements established for the site. Mr. Takishiki noted that the proponent's building encroaches on Canadian Niagara Hotel's property by a matter of about 1.5 ft. J. Collinson stated that there appears to be a difference of opinion, however, it should be worked out between the two parties and is not something the Committee can deal with. He questioned _how the ride will operate, i.e. pneumatically_gp~_ra.t_e_d_?. W'ill there be any emissions as a result of_ the ride? E. Raimondo explained the ride. J. Collinson stated that any concerns that he had was with the process and not the project itself. Sometimes it is questionable if the Committee, in approving particular applications, does the applicant a disservice because there have been a number of questions raised about the process whether it should be done through a zoning amendment application. He stated that when he first examined the application, he thought that anything as controversial as this, it might have better gone to Council as a special site amendment as opposed to a minor variance application. M. DiCienzo stated that they met with Staffand were well aware that if there was an appeal lodged they would be willing to address it. They are well aware of the processes under the Act and the Staff's recommendation clearly states that the request is appropriate. They are prepared for any recourse to the event. The opposition has continuously appealed to the OMB and of course they were thrown out. It has caused major delays in construction and adversely effected the Fallsview/Clifton Hill area and businesses. The appeal previously before the Board was quickly dismissed. They are here to promote and develop Niagara Falls and they will continue to do so. -4- N. Puttick stated that he is always of the opinion that when you hear both'sides and staff's recommendation, and staffis in support of the application, then the request is quite simple. In this case staff have advised that in their opinion the request is minor and within the general intent and purpose of the Official Plan and Zoning By-law; and the request is appropriate. Therefore, he could support the request. Mr. Takishita clarified that although the applicant stated that the previous matter before the Board was dismissed, in his opinion it was not. In fact, there was an Order with conditions. V. Pietrangelo stated that he was in support of the application and agreed with N. Puttick's comments with respect to Staff's recommendation. V. Pietrangelo reminded the Committee that when the proponent of the pemtanent Casino was chosen they were supposed to build an attractor since then they have stated that they would not be building the attractor. The City of Niagara Falls would be lucky if they have any new attractions coming to Niagara Falls and complimented the applicant for not only the attractions that they brought in the past few years but also this development. C. Antonio asked Mr. Raimondo to explain how the ride functions from beginning to end. Are the people strapped in? Do they wear a harness? How long does the ride take?, etc... J. Hiebert questioned how Mr. Antonio's concerns had anything to do with the application. C. Antonio stated that the que~fio, ns are vep~ important and is the function of the w~holoheight variance application. S. Volpatti allowed the question to stand. E. Raimondo explained that there will be a ticket booth, people will purchase the ticket, enter the building and queuing will be within the building itself. It is will be a two storey structure, with a stairwell which will lead purchasers up to the ride. Although he could not comment on the ride itself, it stated that there are authorities (TSSA) Technical Standards Authorities, and the ride will meet those standards, set legislatively by that authority. C. Antonio stated that he noticed there was a wall adjacent to the Bufland property and assumed that was a buffer for noise from the ride. E. Raimondo replied that the actual building on that side of the property is a two storey building. The actual platform that supports the structure is a one storey platform, hence the one storey remains at the ~ont of the building. C. Antonio stated that it should then buffer any noise emanating fi:om the ride. It was moved by N. Puttick, seconded by J. Hiebert, that the application be approved, as the requested variance is minor in nature, within the general intent and purpose of the Official Plan and Zoning By-law and is appropriate for the development of the land, building or structure. K. Feren Conflict of Interest Carried Unanimously. ) l'he¢~of ,Niagara Falls "C ana d~..~.~~ Community Services Department Municipal Works 4310 Oueen 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: siorfid@city.niagarafalls.on.ca APPENDIX 7 Ed Dujlovic, P. Eng. Director MW-2001-54 File: Clffion Hill Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: RECOMMENDATION: A~ s23, 2001 ' E. Dujtovi~ FROM: E. C.- Wage 'f".iE RECOMMENDA:I;ION (S) CONTAINED .... X'HiS REPORT WERE ADOPTED IN .JZ.'£MI'UI"EE AND'RATIFIED BY CITY MW-2001-54 ~OUNClL AT THE MEETING HELD ON Water Feature in Front of Rainfore,~//'~ North Side of CUfton Hffi ...................... It is recommended that the geyser water feature be allowed to be partially located on the City's sidewalk area and that an encroachment agreement be entered into with alt costs associated with the water feature be borne by the developer. BACKGROUND: The redevelopment of the foimer Tussaud's Wax Museum site will create an exterior forecourt entrance with access to the Rain Forest Caf6 on one side and interactive arcade on the other. As part of this forecourt, a geyser water feature is planned to highlight this spectacular entrance. The water feature will be partially located on the sidewalk area, however, the majority of the sidewalk will not be affected and will still be wider than most other areas along CliRon Hill. The approval of this request will create an attractive feature that will be enjoyed by all visitors on Clifton Hill. Prepar~e~oy: Sam Iorfida Manager of Development /~pproved by: ~, A ~ John MacDonald Executive Director of Community Services Director of Municipal Works Respectfully submitted by: Edward Lustig ~ / ~ Chief Administrative Officer Attach. Municipal Works Working Together to Serve Our Community Fire Services · Parks, Recreation & Culture . Business Development · Building & By-Laws ~:ORIqlER PA'VIM. VIEW "A" · GEYSER WATER. FEATURE ~-. AT 552. Clifton Hill