2002/10/21PLANNING/COUNCIL
MEETING
Monday, October 21, 2002
Order of Business
and Agenda Package
PLANNING MEETING
October 21, 2002
1. PRAYER: Alderman Carolynn Ioannoni
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
Niagara Falls Special OlvmDic_~
A presentation will be made to Kim Mark; Robert Carriere; Lynn Marie MacLean
and Jason MacLean, from the Niagara Falls Special Olympics, who had won medals in
the National 10 pin bowling games in Prince Albert.
DEPUTATIONS
YWCA of Niagara Falls
Ms. Linda Branchaud, Executive Director, YWCA of Niagara Falls wishes to
address Council on the Week Without Violence and request that Council proclaim October
20, 2002 to October 26, 2002 as "Week Without Violence".
PLANNING MATTERS
ITEM NO. 44
Public Meeting
Zoning By-law Amendment Application
AM-34/2002, 6248 Main Street
Applicant: Ukrainian Catholic Episcopal
Corp. of Eastern Canada
Reduction in Required Parking
Background Material: Report PD-2002-97
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2002-98, Request for Removal of Part Lot
Control; 2766/2770 Wedgewood Crescent; Lot
29, Registered Plan 239; 1064617 Ontario
Limited (W. S. Walters Construction)
Chief Administrative Officer
PD-2002-99, City of Niagara Falls, TouriSm Policy
Review.
REGULAR COUNCIL
ADOPTION OF MINUTES:
Regular Council Meeting of October 7, 2002.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
The Niagara Parks Commission - Re: Proclamation - requesting that Council
proclaim the week of October 27, 2002 as "Spare the Air" week in Niagara Falls.
RECOMMENDATION: That the request be supported.
-3-
.2.
The Longshot OTB & Sportsbar - Re: Off Track Betting - requesting Council
approval to move their Off Track Betting facility currently located at 4189 Stanley
Avenue to 5355 Kalar Road (also known as Pete's Place)
RECOMMENDATION: Refer to staff.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS.
(Alderman Victor Pietrangelo, Chairman)
COMMUNITY SERVICES MATTERS
1. Chief Administrative Officer
MW-2002-138, Tender #13-2002- New
Equipment Purqhase.
RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTION-~
(Alderman Kim Craitor, Chairman)
1. Chair, Parking & Traffic Committee
MW-2002-137, Actions Stemming from the
Municipal Parking & Traffic Committee
Meeting of October 15, 2002.
RATIFICATION OF ENVIRONMENTAL PLANNING & GREENING COMMITTEE AcTION~
(Alderman Selina Volpatti, Chair)
1. Chair, Environmental Planning &
Greening Committee
R-2002-55, Actions Stemming from
Environmental Planning & Greening
Committee Meetings of September 18th
and October 16th , 2002.
-4-
MISCELLANEOUS MATTERS
Chief Administrative Officer
L-2002-59, Declare Land Surplus and
Offer for Sale Cardinal Newman Way
Road Allowance.
Please Note that Mr. William Amadio wishes to address Council on the matter.
Chief Administrative Officer
L-2002-61, Establishment of Public
Highway; Part 3 on 59R-11753 as part of
Lemon Road & Willowdell Road.
Chief Administrative Officer
L-2002-63, Release of Site Plan
Agreement; 5400 Portage Road.
Chief Administrative Officer
L-2002-64, Stopping Up and Closing of
part of Beechwood Road between
Mountain Road and Thorold Stone Road.
o
Chief Administrative Officer
L-2002-65, Establishment of a Public
Highway; Parts 1,2,3,4 and 5 bn '59R-
11846.
Chief Administrative Officer
L-2002-66, Niagara Falls Hydro Holding
Corporation; Niagara Falls Hydro Inc.,
Niagara Falls Hydro Services Inc., Annual
Meetings.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
The City Clerk Will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
BY-LAWS
2002-179
To repeal By-law No. 75-154, being a by-law to amend By-law 395, 1966,
the former Township of Willoughby, now in the City of Niagara Falls, as
amended. (Re: Marshall Road) ~
-5-
2002-180
2002-181
2002-182
2002-183
2002-184
2002-185
2002-186
2002-187
2002-188
2002-189
To amend By-law No. 79-200,
Shirley Mazonne)
as amended. (Re:AM-32/2002, Nicholas &
To amend By-law No. 2002-31, being a by-law respecting the issuance of
licences in the City of Niagara Falls.
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Stopping Prohibited, Parking Prohibited, Standing Prohibited,
Heavy Vehicles)
To establish Part 15 on Reference Plan 59R-11808, as a public highway, to
'be known as and to form part of Beechwood Road. (Re: L.2002-64)
To establish Parts 1,2,3, 4 and 5 on Reference Plan 59R-11846, as a public
highway, to be known as and to form part of McGrail Avenue. (Re: L-2002-65)
To establish Part 3 on Reference Plan 59R-11753, as a public highway, to be
known as and to form part of Lemon Road and Willodell Road. (Re: L-2002-
61)
To authorize a Transfer/Deed of Land from The Corporation of the City of
Niagara Falls to The Corporation of the City of Niagara Falls for Parts 1 and
2 on 59R-10995. (Re: L-2002-63, 5400 Portage Road)
To stop up and close part of the highway designated as Cardinal Newman
Way Plan 128 Stamford (formerly Kimbark Avenue) in the City of Niagara
Falls, in the Regional Municipality of Niagara.
To designate Lot 29 on Registered Plan 239, as not being subject to Part Lot
Control. (Re: Wedgewood Crescent)
To adopt, ratify and confirm the actions of City COuncil at its meeting held on
the 21st day of October, 2002.
NEW BUSINESS
YWCA
of Niagara Falls
City Of Niagara Falls
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
6135 Culp Street
Niagara Falls, Ontario
Canada L2G 2B6
(905) 357-9922
(905) 357-6440 (Fax)
ywcanf@iaw, on.ca (Email)
Charitable Registration #
023 6562 49
4 October 2002
Attention Barb Muir;
This letter is to request a short time frame for a representative from the YWCA of
Niagara Falls to speak to City Council at their next meeting scheduled for Monday, October 21
2002.
Each year, the YWC~ recognizes and promotes a Week Without Violence world wide.
Our week this year is from Sunday October 20th to Saturday October 26th. This year our major
events during the week will be as follows:
October 20 - Candlelight Vigil at YWCA
October 21 - Self Defense Class
October 22 - Elementary School Poster Contest finals
October 23 - Special Movie Night
October 24 - Moment of Silence in memory of September 11, 2001
October 25 - Pot Luck Dinner for the residents and staff at YWCA to wrap up the week
We appreciate the opportunity to speak to council regarding this issue and to recognize
and declare the Week Without Violence.
Sincerely,
Linda Branchaud
Executive Director, YWCA of Niagara Falls
Over 80 Years of Community Service and Growing
United Way
Member Agenc~
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city,niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
planning@city.niagarafalls.on.ca
PD-2002-97
Doug Darbyson
Director
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-97, Zoning By-law Amendment Application
AM-34/2002, 6248 Main Street
Applicant: Ukrainian Catholic Episcopal Corp. of Eastern Canada
Reduction in Required Parking
RECOMMENDATION:
It is recommended that Council approve the Zoning By-law amendment application to reduce the
number of required parking for the church to 44 parking spaces.
BACKGROUND:
The Ukrainian Catholic Episcopal Corp. of Eastern Canada has requested an amendment to the
Zoning By-law for the land known as 6248 Main Street, as shown on Schedule 1. St. Mary's
Ukrainian Catholic Church and the associated parish hall exist on the land. The amendment is
requested to reduce the number of required parking spaces. Schedule 2 shows how the site is
intended to be developed.
The Zoning By-law requires parking spaces to be provided based on the occupancy of all buildings.
The approved site plan for the property requires a total of 76 parking spaces to be provided for the
two buildings. A total of 44 parking spaces exist on site which, according to the church, more than
meets their normal demand for parking. The church would like to avoid having to construct an
additional 32 parking spaces because only one building is used at a time. Site specific provisions are
requested to be added to the Institutional zoning of the land to only require the church to provide 44
parking spaces. This number of parking spaces would satisfy the requirements of the parish hall
which holds more people than the sanctuary.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 - 2 - PD-2002-97
Circulation Comments:
Information regarding the application was circulated to City departments, the Regional Municipality
of Niagara and the public for comment. Comments received to date are noted below or included in
Council's agenda.
· Municipal Works - No Comments.
Traffic & Parking
An analysis of the facilities basedon 100
parishioners indicates that 44 spaces are sufficient.
A site visit conducted on Sunday, October 31, 2002
revealed that the current gravel parking lot in the
rear was 80% vacant.
There are no concerns with the reduction in required
parking.
· Regional Municipality of Niagara
No objection.
· Building & By-law Services
No comments.
Planning Review:
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. Places of worship are
permitted provided they are compatible with the residential environment.
The current development of the site provides for ample green space, which helps to integrate
the site with nearby residences. Maintaining this green space by not expanding the parking lot
in the rear would help to maintain compatibility with the residential area while providing a
buffer from tourist-oriented development to the west.
2. The requested zoning is appropriate.
The current parking requirement for the sanctuary and parish hall is 30 and 42 spaces,
respectively. The site plan approved in 1998 showed 76 parking spaces and most of the rear
yard would be used for parking. Currently, approximately 44 spaces have been provided. As
a result, less than half of the rear yard is being used for parking.
In the letter from the Reverend Victor Nazartchyk of the church, attached to this report, it is
stated that normally 25 parking spaces are used for Sunday morning services. Up to 40 spaces
are used for other events in the parish hall. The pastor has also confirmed that the church and
parish hall are not used at the same time.
It is typical of places of worship and associated assembly halls that not all the facilities are used
at the same time and therefore not all the required parking is necessary. Furthermore, parking
lots for places of worship are only heavily used for Sunday services and a few other events
October 21, 2002 - 3 - PD-2002-97
during the week and do not have the regular use other land uses would generate: Council has
previously considered requests from other places of worship for reductions in parking where
the place of worship and ancillary uses are not normally used at the same time. In previous
cases, the parking was reduced to that required by the largest parking generator on site. For the
subject lands the parish hall would, at 42 spaces, require the most parking.
It should be noted that the current parking configuration, with approximately 44 spaces being
provided, has existed on the site for several years and staff is not aware of any significant off-
site traffic problems caused by this amount of parking. A site visit conducted by Municipal
Works staff on Sunday, October 13, 2002 indicated that the current parking lot was not fully
occupied.
Reducing the parking required to 44 spaces is an acceptable request, given the limited use of
the parking and the sharing of the parking between the uses. This would provide sufficient
parking for the parish hall and the rectory and should be more than enough for when the church
alone is being used. This reduction in parking would maintain the green space on the property.
Should the church wish to increase the parking in the furore, there is ample space to construct
future parking in the rear yard to City standards.
3. A site plan amendment would be required for the revised parking lot.
The current registered site plan agreement calls for 76 parking spaces on the property. An
amendment would need to be submitted to show a smaller parking lot. This amendment would
ensure that proper traffic circulation, infrastructure and surfacing are addressed and in
conformity with City standards.
CONCLUSION:
The request to reduce the number of parking spaces to 44 is an acceptable request given that the
church and parish hall on site would not normally be used at the same time. The request should not
increase any traffic impacts and would maintain green space on the property.
Prepare_d by: ,~
Planner 2
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AB:gd
SSPDRX2002~PD2002-97 AM34-2002, 6248 Main S~2.wpd
Ig 'Pi3AB I1PEOBATO BOFOPO3,HI[I
Nativity of the Holy Mother of God
Ukrainian Catholic Church
6248 Main Street, Niagara Falls, Ontario L2G 6A4 Phone (905) 354-0785
September 24, 2002
To whom it may concern,
Planning and Development Department
4310 Queen St
Niagara Falls ON
Re:
Proposal to reduce the parking requirement for St. Mary's Ukrainian Catholic Church at
6248 Main St. Niagara Falls ON L2G 6A4.
City File AM-34/2002.
Approximately 20 to 25 cars are parked each Sunday in our parking lot. Other functions at the parish
hall have approx. 35 to 40 cars parked. Considering that our church attendance is not increasing, and
that the church and the parish hall are not used at the same time, we are asking you to reduce our
parking requirement from 74 cars (SPC-15/97 Site Plan Agreement ) to 44 cars. This reduction will
help us financially.
Thank You for Your consideration.
Yours truly,
Rev. Fr. Viktor Nazartchyk,
Pastor
St. Mary's Ukrainian Catholic Church
RECEIVED-
SEP 2 § 2002
PLANNING
& DEVELOPMENT
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
6248 Main Street
Applicant: Ukranian Catholic Episcopal
Corporation of Eastern Canada
AM-34/2002
1 :NTS
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S~teml~r 2002
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iRECEI.VED
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PLANNING
& DEVELOPMENT,
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~'DRE~ A~D
PARISH HALL
R~DU~N OF P~K~
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Niagara Falls
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.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
planning@city, niagarafalls.on.ca
PD-2002-98
Doug Darbyson
Director
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-98, Request for Removal of Part Lot Control
2766/2770 Wedgewood Crescent
Lot 29, Registered Plan 239
1064617 Ontario Limited (W.S. Walters Construction)
RECOMMENDATION:
It is recommended that:
1)
Council approve the request and pass the by-law to designate Lot 29, Registered Plan 239,
as exempt from Part Lot Control; and
2)
the applicant be required to notify the City when the separate deeds, as described in this
report, have been registered in order for the by-law to be repealed.
BACKGROUND:
In a letter dated September 13, 2002, the applicant's solicitor submitted a requeSt to remove this
property on the south side of Wedgewood Crescent from Part Lot Control (see attached letter and
location map - Schedule 1). This process enables the division of lots or blocks within a registered
plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of
subdivision lots or the separation of semi-detached or on-street townhouse units.
The subject land is within a plan of subdivision registered in 1967 and the existing semi-detached
dwelling was constructed in 1969. Separate connections for water services and sanitary sewer
laterals for each unit have been confirmed by Municipal Works staff. The attached draft Reference
Plan (Schedule 2) shows the configuration of the lot, building foundation and centreline of the
common wall between the units. The land is appropriately zoned Residential Single Family and Two
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 - 2 - PD-2002-98
Family (R2) through Zoning By-law 79-200, as amended, and the building setbacks satisfy the
zoning provisions. Approval of the Part Lot Control by-law is required so that property lines can be
created between the dwelling units to allow their sale with each unit having a separate deed.
CONCLUSION:
The removal of Part Lot Control will permit the division of the land to allow separate ownership of
each semi-detached unit. The use of this Planning Act mechanism is appropriate in this case. The
applicant should advise the City when the land transactions described in this report have been
completed in order to repeal the Part Lot Control by-law.
If Council approves the recommendation of this report, the by-law to designate the land as exempt
from Part Lot Control is included in tonight's Council agenda to allow the sale of these units to be
completed as soon as possible.
Prepared by:
Richard Wilson
Planner 2
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
RW:am
Attach.
S:~PDR~2002~PD2002-98 Part Lot Control, 2766-2770 Wedgewood.wpd
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIAN N. SINCLAIR, Q.C.
Barrister and Solicitor
6617 Drummond Road
Niagara Falls, Ontario
L2G 4N4
File:
TEL: (905) 356-7755
FAX: (905) 356-7772
September 13, 2002
DELIVERED
Mr. Richard Wilson
Planning & Development
City of Niagara Falls
P.O. Box 1023, 4310 Queen Street
NIAGARA FALLS, Ontario
L2E 6X5
Dear Sir:
Re:
1064617 Ontario Limited
(W. S. Walters Construction)
Lot 29, Plan 239, Niagara Falls
In connection with the above-noted matter, I enclose copy of draft
Reference Plan together with my trust cheque in the amount of
$250.00 and would request that you proceed with a part lot control
by-law exemption to create two separate semi lots. I understand
that this matter will go to Council on October 21, 2002.
Once you have advised that a by-law has been passed, I will
instruct the surveyor to proceed with the registration of the
enclosed Reference Plan and will provide you with a copy of same.
If you require anything further, please do not hesitate to contact
this writer or the surveyor, Andrew Cameron, whose telephone number
is 358-3693.
Yours faithfully
BRIAN SINCLAI~ PROFESSIONAL CORPORATION
BRIAN N. SINCLAIR, Q.C.
BS/ab
Enclosure
CoS.
Mr. Andrew Cameron
Mr. Bob ~alters
RECEIVED
SEP'I 3 2002
PLANNING
& DEVELOPMENT
SCHEDULE 1
Removal of Part Lot Control
2766/2770 Wedgewood Crescent
Lot 29, Registered Plan 239
LOCATION MAP
Subject Land
Wilinger Street
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October 2002
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moro o,,s
Can°d~,~~il~
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-7404
planning@city.niagarafalls.on.ca
PD-2002-99
Doug Darbyson
Director
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2002-99, City of Niagara Falls - Tourism Policy Review
RECOMMENDATION:
It is recommended that Council authorize staff to initiate the Tourism Policy Review through the
engaging of a consultant.
BACKGROUND:
In dealing with a recent hotel expansion application, Council directed that a review be undertaken
of the City's Official Plan tourism policies. Council agreed with the Architectural Peer Review panel
that a review should be undertaken to determine how the City's new planning system was working
vis-a-vis the intentions expressed in the City's Tourist Area Development Strategy (TADS) and ePA
No. 26. The issue of building heights, and the policies and guidelines which had been established
to regulate same, was of particular importance.
A terms of reference for the review has been prepared with input from the Region. Council's
approval of this report will commence the consultant selection process.
R~~ended by:
Doug Darbyson
Director of Planning & Development
Appr°~ve/d~Y:
Executive Director of Corporate Services
DD:tc
Attach.
S APDR~2002~D2002-99 T?urism Policy Rcview.wpd
Respectfully submitted:
cDonald
Chief Administrative Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
CITY OF NIAGARA FALLS
TOURISM POLICY REVIEW
REQUEST FOR PROPOSALS
Drafted: September 16, 2002
TERMS OF REFERENCE
Introduction:
The City of Niagara Falls has undertaken several land use, transportation and growth management
studies over the past few years to revitalize the physical setting of Niagara Falls, to improve
transportation infrastructure and to promote high quality private developments which are worthy and
respectful of the Falls. The guiding framework for all new development is embodied in Official Plan
Amendment No. 26. The plan has been in existence for approximately two years and with the
unprecedented amount of development now occurring, Council wishes to undertake a review to
update and fine-tune its policies. Of particular concern is the issue of high-rise buildings and the
guidelines which have been established to regulate built form.
Background:
The preparation and adoption of Official Plan policies for the City's tourist areas have been a long
and arduous process. The process had its origins in 1993 when the City adopted a Tourism Master
Plan as its new tourism strategy. This was undertaken in response to a Memorandum of
Understanding between the City, the Region, the Province and the Niagara Parks Commission for
resolving a number of development issues and conflicts through the land use planning process. The
impact of permitting high-rise buildings at the escarpment edge overlooking the Falls and Queen
Victoria Park was, and continues to be, a highly contentious issue. Several attempts were made by
the City to introduce new Official Plan policies and resolve issues, however, no consensus could be
reached. In the summer of 1997, the City and the Niagara Parks Commission retained Mr. Davld
Crombie of the Waterfront Regeneration Trust to mediate a solution. Through David Crombie and
an urban design team, Urban Strategies, a Tourist Area Development Strategy was prepared to
address the issues. The preparation of the strategy involved extensive consultation with major
stakeholders, including the Niagara Parks Commission, hotel owners/developers, commercial
property owners, City councillors, staff and others.
The Tourist Area Development Strategy (TADS) was submitted to Council in June 1998. On July
13, 1998, Council adopted the components of the strategy that dealt with high-rise buildings and
development approval criteria.
Official Plan Amendment No. 26 emanates from the findings and recommendations of both the
Tourism Master Plan and the Tourist Area Development Strategy. The final approval of the
amendment by the Regional approval authority on May 30, 2000 effectively concluded a 9-year
planning process to establish policies for tourism development.
Impetus for Official Plan Review:
Since the adoption of the TADS guidelines for high-rise development, Council has considered and
approved 12 high-rise development applications in the Clifton Hill and Fallsview Tourism districts.
All applications were subject to the City's newly adopted Architectural Peer Review process. The
most recent application for a six-storey addition to the 30-storeY Embassy Suites project prompted
the Peer Review panel to suggest that a review should be undertaken. The panel was concerned that
the objectives set out in the Tourist Area Development Strategy were not being fully realized under
OPA No. 26, therefore, a special review to determine how the system is working was suggested.
-2-
Both City and Regional Planning staff acknowledged the concerns raised by the Architectural Peer
Review panel and recommended support for the review. While the objectives and intent of the
policies are good, there is some question as to whether the actual policies and planning process are
producing the intended results. A review of the current policy framework as set out in OPA No. 26,
the guidelines contained in TADS, as well as the development approval process should be
undertaken to determine the strengths and weaknesses of the current planning system and the
effectiveness of same in achieving stated goals and objectives. Some of the more pertinent questions
which should be considered as part of the review are set out in the following section.
Review Objectives:
Niagara Falls OPA No. 26 presents a comprehensive set of policies that establishes a vision and
direction for future development in the City's Tourism District. The fundamental purpose and intent
of the Plan is focused on the creation of a world-class tourism destination commensurate with the
beauty, grandeur and international significance of the Falls themselves. While the intent of the Plan
is sound, a review of the policies and the mechanisms which have been which have been established
to implement the Plan's objectives shall be the subject of this review. More succinctly, the
components of the review shall include:
A strategic overview of how well the City's new planning system is working vis-a-vis the
intentions expressed in TADS and OPA No. 26;
The strengths and weaknesses of the new planning system in implementing the City's vision
of creating a world-class tourism destination; and
What implementation strategies need to be put in place to more effectively achieve stated
goals and objectives?
Without limiting the generality of the foregoing, the consultant will address the following specific
questions and issues.
In approving OPA No. 26, the City essentially proffered the same development opportunities
to all properties within the tourist core, regardless of location. Moreover, the elimination of
lot coverage and density criteria has resulted in development applications seeking maximum
build-outs. If the City is to achieve its objective of creating an internationally recognizable
skyline with buildings of varying heights and mass, should the Plan be restructured to
provide more definitive policies?
Should the City entertain building heights in excess of the 30-storey height maximum? If
so, what criteria should be established to guide such development and what public benefits
should be derived from same?
Given the extent ofexisting construction and approved developments in the Clifton Hill and
Fallsview districts, are the objectives of the Official Plan still realistic with respect to the
massing of buildings along the escarpment edge and the icon status of existing viewing
towers?
-3-
What consideration should be given to the replacement of viewing towers with alternative
buildings or structures?
Is the physical form and character of new development providing the setting for an attractive,
pedestrian-friendly environment envisioned in the City's Tourism Master Plan?
The City of Niagara Falls currently utilizes Section 37 agreements under the Planning Act
to secure public realm improvements for developments greater than 10 storeys. The
consultant shall review the effectiveness of such agreements in implementing the Park in the
City objectives of the Official Plan and recommend ways and means of improving current
procedures.
The preparation of a Streetscape Master Plan was identified in the Official Plan as a strategy
to implement urban design and streetscape improvements. The consultant shall advise on
the effectiveness of this strategy and ways to improve upon same.
Should hotel developments be permitted to satisfy their parking requirements off-site or on
leased lands? If so, what criteria should be established and/or what conditions should be met
to permit such parking variances.
The City has adopted a Tourist Area Development Application Guide to establish procedures
and a planning review process for new developments in the City's tourist districts. The
consultant shall review the effectiveness of this development approval system including the
mandated role and function of the Architectural Peer Review panel.
Study Deliverables:
The review shall be undertaken in two phases. The first phase shall focus on the assessment of the
City's new tourism planning system including the strengths and weakness of its planning policies and
delivery systems. The consultant will conduct their review having regard to the numerous
development approvals which have been given since the adoption of the Official Plan, the experience
of other municipalities in implementing environmental quality and built form controls, together with
interviews with the authors of TADS and the Architectural Peer Review panel. The Phase One
report shall be submitted to the City, Region and Niagara Parks Commission with recommendations
on the matters to be addressed in Phase Two. Based on their review, the consultants will recommend
how Official Plan policies, development guidelines, review processes and approval systems should
be refined, amplified or modified to achieve more effective results. Upon receiving appropriate
direction from City Council, a Phase Two report shall be prepared to implement the consultant's
Phase One findings. The consultants will prepare their report in sufficient detail to hold public
meetings under the Planning Act and to process required amendments.
Submission of Study Proposals:
Study proposals are being invited from a predetermined short-list of consulting firms for the purpose
of expediting the review. Consultant proposals shall outline how the study will be organized,
proposed work phases and timetables, meeting schedules and deliverables. The upset cost for the
study, inclusive of all expenses and taxes, shall be submitted by all applicants as part of the proposal.
The names, qualifications, experience and responsibilities of all personnel to be associated with the
project, together with their degree of involvement and per diem rates, shall be included in the study
proposal.
-4-
Study proposals shall be submitted no later than 4:30 p.m. on Monday, December 9, 2002 to the
Planning and Development Division, 4310 Queen Street, Niagara Falls, ON L2E 6X5.
Should consultants have any questions regarding the review, please contact Doug Darbyson, Director
of Planning and Development at 905-356-7521, ext. 4230.
DD:tc
The Niagara Parks Commission
P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2
Web Site: www. niagaraparks.corn
Ontario
Brian E. Merrett
Chairman
John Kernahan
General Manager
September 30, 2002
Mayor Thomson & Members of Council
City of Niagara Falls
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Dear Mayor & Members of Council:
Re:
Recognition of "Spare the Air" Week in celebration of
"Spare the Air", Air Emissions Reduction Program
This year, as you are aware, The Niagara Parks Commission is undertaking a 2002 "Spare the
Air", Air Emissions Reduction Program in partnership with the City of Niagara Falls, Town of
Niagara-on-the-Lake, Town of Fort Erie and the Peace Bridge Authority.
The Air Emissions Reduction Program is intended to reduce air emissions from idling motor
coaches and tracks. Undertaken as a pilot project in 2001, the program used education and public
awareness activities to encourage reduced emissions. This pilot resulted in dramatic and positive
changes. Given its success, the program was expanded this year along the entire Niagara River
corridor with the full support of our partnering agencies.
On Tuesday, October 29, 2002, all the participants will be hosting a media event at Table Rock
Complex in Niagara Falls to communicate the positive results that have been achieved in our
2002 program and to celebrate working in partnership for a healthier environment. During this
same week, the Ontario Motor Coach Association (OMCA) Annual Conference is being held in
Niagara Falls. Many OMCA members have been active supporters of our program.
With these events taking place, we are requesting each partnering municipality and agency to
proclaim or recognize this week of October 27th as "Spare the Air" Week in celebration of our
joint program and to encourage everyone to reduce idling in an effort to better our environment.
Your support is greatly appreciated and we look forward to seeing you at our media event.
Yours truly,
Chairman
cc: Mr. Stephen Mayer, Peace Bridge Authority
FICF nr 'rUE A¥OR
THE
LONGSHOT
OTB G SPOR?SBAR
Your Worship Mayor Tompson, and city council, we are writing this letter to ask
approval to move our OffTrack Betting (OTB) tele theatre, Longshots, located at 4189 Stanley
Ave. to 5355 Kalar Rd. This new site is just north of Lundy's Lane close to Beaverdams Rd.
currently operating as Peter's Place.
OTB's are regulated in Ontario by the Ontario Racing Commisson (ORC). To move
from one site to another is a several tiered process. The first is the host race track, in this case
Fort Erie Race Track, chooses a new site and the operator must then approach city council for its
approval. Generally the zoning and proximity to residential areas is the municipality's main
concerns. In this case the property in question is 1.5 acres zoned light industrial with no
residential neighbors. (with Hodgson steel across the street there aren't any homes too dose)
With your approval Fort Erie Race Track will apply to the ORC for permission to move. The
ORC will send a team to take pictures measure the property inside and out and render their
decision. They generally approve moves from one site to another as the Race Track, the operator
and the municipality have all approved the merits of the new site.
Why do we wish to change locations? Most people drive by our Stanley Ave. location
and see it quite busy most days since we moved here two years ago. But, we have a definite
parking problem where cars are parking up and down Fraser St. causing problems with
neighbors. The development everywhere near the tourist core means we had to look around the
edge of town to get the 80-100 parking spaces that we need. Stanley Ave. near Thorold Stone
Rd. is 4 lanes wide and we have daily problems with patrons coming in or out, as daytime when
we are busiest so is the traffic. Kalar Rd. between Lundy's Lane and Beaverdams Rd. has easy
access for locals to travel any direction in the city, as well it lies on the Woodbine bus route,
which has been a big complaint both to us and the Race Track. Locals who don't drive have to
walk from five corners on weekends and Bridge St. on weekdays, which in the sweltering
summer or snowy winter has deterred many of our customer, s(especially seniors). Finally, the
layout on Kalar Rd. will be rather easy and inexpensive to renovate to comply with the Regional
smoking by-law coming in May 2003 as compared to our current location.
As per our previous move, there will be no overlap of operations. We will close Stanley
Ave. and then take two days to move and re-open on Kalar Rd. We are hoping to make the
application to the ORC as soon as possible, as to facilitate the move in the new year. We thank
you for your continued co-operation in making us proud to be part of Niagara Falls' ever
growing business and tourist community.
David Smith (Owner)
Duane Smith (Manager)
Tel: 905-357-6254
Niogoro Foils lI~,~
Con~~
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (§05) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
October 21, 2002
Ed Dujlovic, P. Eng.
Director
MW-2002-138
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: Re:.
MW-2002-138
Tender #13-2002
New Equipment Purchases
RECOMMENDATION
It is recommended that the tenders for new equipment be awarded to the respective bidders as
follows:
1)
Ben Berg Farm & Industrial Equipment Ltd., Wainfleet for one (1) 4-Wheel Drive Light
Industrial Tractor complete with Permanent Mount Loader in the amount of $50,600.00;
2)
Eastgate Truck Centre, Hamilton for two (2) Trucks, Cab & Chassis complete with 6.5 Cu.
Yd. Dump Body/Spreader/Plow & Wing in the amount of $311,682.20;
3)
Day Ford Lincoln, St. Catharines for one (1) 10,000 lb. GVW Single Axle Crew Cab
complete with Dump Box & Hoist in the amount of $49,452.30;
4)
Tender for one (1) Trailer Mounted Brush Chipper is still under review and will be presented
to Council at a later date;
5)
Ed Learn Ford Sales Ltd., St. Catharines for one (1) 14,000 lb. GVW Hi-Cube Van in the
amount of $43,056.00;
6)
Day Ford Lincoln, St. Catharines for one (1) Single Axle Truck with Dual Wheels, Crew
Cab & Utility Body in the amount of $66,965.65; and
7)
Day Ford Lincoln, St. Catharines for one (1) Single Axle Truck with Dual Rear Wheels,
Extended Cab and Utility Body/Superstructure in the amount of $65,964.00.
WorMng Together to Serve Our Community
Fire Services · Parks, Recreation & Culture · Business Development ·
Municipal Works · Building & By-Laws
October 21, 2002 - 2 - MW-2002-138
BACKGROUND
Tenders were opened by the Tender Opening Committee on Thursday, October 3, 2002.
Staff recommends that the tenders be awarded to the bidders as listed on the attached Tender
Summary.
Items # 1 from Ben Berg Farm & Industrial, #3 and #6 from Day Ford Lincoln respectively all meet
specifications.
Item #2's three lowest bids (two from Eastgate Truck Centre and one from Humberview Trucks) did
not meet the required specifications. Therefore, the 3ra lowest bid from Eastgate Truck Centre is
recommended. Item #5 the second lowest bid from Ed Learn Ford is recommended as their
specifications are much better suited for Water Department demands. Item #7 lowest bid from Altec
Inc. did not meet specifications.
Item #4 is still under review and will be presented to Council at a later date.
Total cost of this portion of the 2002 New Equipment is $589,721.21. $46,000 towards the cost of
Item #3 has been transferred from Parks, Recreation & Culture to the New Equipment account as
previously approved by Council for another Parks, Recreation & Culture crew and vehicle. There
are sufficient funds in this year's budget to cover the remainder of these vehicle purchases.
Council's approval of the recommendations and information contained in this report would be
appreciated.
Prepared~by~~.
Douglas Good
Operations Superintendent
Ed Dujlovic, P.Eng.
Director of Municipal Works
/gkf
attach.
h:~'eports~2002~nw-2002-138 new equip.wpd
Respectfully Submitted by:
~nsat[ldative Offi~eer
TENDER #t 3-2002
TENDER #13-2002
NEW EQUIPMENT PURCHASES
Total Price includin All Costs per Section
ITEM #1 ITEM #2 ITEM #3 ITEM #4 ITEM #5 ITEM #6 ITEM #7
Latest Model Latest Model Latest Model Latest Model Latest Model Latest Model Latest Model
Industrial Trucks clw 10,000 lb. GVW Trailer Mounted 14,000 lb. Single Axle Single Axle Truck
Tractor clw 6.5 CY Dump Crew Cab c/w Brush Chipper GVW Truck c/w Extended Crew Cab
Permanent Body/Spreader/ Dump Box & Hi-Cube Van Crew Cab & & Utility Body/
Mount Loader Plow & Wing Hoist One (1) Only Utility Body Superstructure
Company One (1) Only Two (2) Only One (1) Only One (1) Only One (1) Only One (1) Only
Allan Fyfe Equipment
Concord, Ontario $45,982.75
Altec Industries $73,580.45 * $63,559.35
Milton, Ontario ..~
I
Archer Truck Service
St. Catharines, Ontario $320,007.01
Ben Berg Farm & Industrial
Wainfleet, Ontario $50,600.00
Day Ford Lincoln
St. Catharines, Ontario $49,452.30 ** $41,405.75 $66,965.65 $65,964.00
· (1) $293,020.00
Eastgate Truck Centre * (2) $311,682.20
Hamilton, Ontario (3) $3'13,683.26
Ed Learn Ford Sales
St. Catharines, Ontario $49,638.60 $43,056.00 $72,803.05
Green Line Equipment
Smithville, Ontario $52,888.50 ,,
Hamilton Truck Service
Hamilton, Ontario $317,860.00
Humberview Trucks
Toronto, Ontario * $302,426.00 $58,409.65 $53,564.70 $67,375.05
Powertech Inc.
Georgetown, Ontario $49,996.25
St. Cath Truck & Tractor $320,599.50
St. Catharines, Ontario $319,775.29
Vermeer Sales & Service
Brampton, Ontario $45,893.17
* Did not meet specifications ** Specifications not suited for departmental demands
The City of
Niagara Falls
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
October 21, 2002
His Worship Mayor Wayne Thomson,
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: Re:
MW-2002 -137
Municipal Parking & Traffic Committee
Recommendations - October 15, 2002 Meeting
RECOMMENDATIONS:
1) MW-2002-111 - Fallsview Tourist Area - Parking Review
It is recommended that:
Robinson Street between Stanley Avenue and Fallsview Boulevard
a "No Parking, Except by Permit, Tow Away Zone" restriction be implemented
on the north side of Robinson Street between a point 25 metres east of Stanley
Avenue and a point 30 metres west of Fallsview Boulevard;
a "No Parking, Except by Permit, Tow Away Zone" restriction be implemented
on the south side of Robinson Street between a point 20 metres east of Stanley
Avenue and a point 20 metres west of Fallsview Boulevard;
a "No Stopping, Tow Away Zone" restriction be implemented on the north side
of Robinson Street from Fallsview Boulevard to a point 30 metres west of
Fallsview Boulevard;
a "No Stopping, Tow Away Zone" restriction be implemented on the south side
of Robinson Street from Fallsview Boulevard to a point 20 metres west of
Fallsview Boulevard;
o
a "No Stopping, Tow Away Zone" restriction be implemented on the north side
of Robinson Street from Stanley Avenue to a point 25 metres east of Stanley
Avenue;
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law
October 21,2002 -2- MW-2002-137
a "No Stopping, Tow Away Zone" restriction be implemented on the south side
of Robinson Street from Stanley Avenue to a point 20 metres east of Stanley
Avenue;
"Avoid Use of Jake Brakes" signs be installed facing eastbound motorists on
Robinson Street east of Stanley Avenue, and facing westbound motorists on
Robinson Street west of Fallsview Boulevard;
Robinson Street between Stanley A venue and Allendale Avenue
a "No Parking, Except by Permit, Tow Away Zone" restriction be implemented
on the south side of Robinson Street between a point 17 metres west of Stanley
Avenue and a point 48 metres west of Stanley Avenue;
a "No Parking, Except by Permit, Tow Away Zone" restriction be implemented
on the south side of Robinson Street between a point 62 metres west of Stanley
Avenue and a point 12 metres east of Allendale Avenue;
10.
a "No Stopping, Tow Away Zone" restriction be implemented on both sides of
Robinson Street from Stanley Avenue to a point 17 metres west of Stanley
Avenue;
11.
a "No Stopping, Tow Away Zone" restriction be implemented on the north side
of Robinson Street between a point 38 metres west of Stanley Avenue and
Allendale Avenue;
12.
a "No Stopping, Tow Away Zone" restriction be implemented on the south side
of Robinson Street from Allendale Avenue to a point 12 metres east of
Allendale Avenue;
13.
a "No Standing" restriction be implemented on the north side of Robinson Street
from a point 17 metres west of Stanley Avenue to a point 38 metres west of
Stanley Avenue;
14.
a "No Standing" restriction be implemented on the south side of Robinson
Street from a point 48 metres west of Stanley Avenue to a point 62 metres west
of Stanley Avenue;
Allendale Avenue/Dixon Street/Dunn Street
15.
a "No Stopping, Tow Away Zone" restriction be implemented on both sides of
Allendale Avenue from Dixon Street to Robinson Street;
16.
a "No Stopping, Tow Away Zone" restriction be implemented on both sides of
Dixon Street between Stanley Avenue and Level Avenue;
October 21, 2002 -3- MW-2002-137
Dunn Street between Stanley Avenue and Cleveland Avenue;
18.
a "No Parking" restriction be implemented on the south side of Dixon Street
between Level Avenue and a point 47 metres west of Level Avenue (to the
existing parking prohibition);
Murray Street
19.
a "No Parking, Except by Permit, Tow Away Zone" restriction be implemented
on the north side of Murray Street between a point 16 metres west of Main
Street and a point 15 metres east of Finlay Avenue;
20.
a "No Stopping, Tow Away Zone" restriction be implemented on the north side
of Murray Street between Main Street and a point 16 metres west of Main
Street;
21.
a "No Stopping, Tow Away Zone" restriction be implemented on the north side
of Murray Street between Finlay Avenue and a point 15 metres east of Finlay
Avenue;
22.
a "No Stopping, Tow Away Zone" restriction be implemented on the south side
of Murray Street between Main Street and Finlay Avenue;
Cleveland Avenue
23.
a "No Parking, Except by Permit, Tow Away Zone" restriction be implemented
on the west side of Cleveland Avenue between a point 20 metres north of Dunn
Street and a point 27 metres south of Dixon Street;
24.
a "No Stopping, Tow Away Zone" restriction be implemented on the east side
of Cleveland Avenue between Dunn Sfreet and Dixon Street;
25.
a "No Stopping, Tow Away Zone" restriction be implemented on the west side
of Cleveland Avenue between Dunn Street and a point 20 metres north of Dunn
Street; and,
26.
a "No Stopping, Tow Away Zone" restriction be implemented on the west side
of Cleveland Avenue between Dixon Street and a point 27 metres south of
Dixon Street.
October 21, 2002 -4- MW-2002-137
2) MW-2002-112 - Seneca Street Parking Review
It is recommended that:
parking be restricted at all times on the south side of Seneca Street between
River Road and Ontario Avenue; and
a heavy vehicle restriction including "no buses" be implemented on Seneca
Street between River Road and Ontario Avenue.
3) MW-2002-124 - High Street Parking Review
It is recommended that parking be restricted at all times on the south side of High Street
between Dorchester Road and Depew Avenue.
4)
MW-2002-125 - Request for Heavy Vehicle Restriction
including Buses for Grey Avenue
It is recommended that the environmental assessment (E.A.) review process for the
reversal of traffic flow for Grey Avenue begin immediately and that funds for the E.A. be
allocated in the 2003 Capital Works Budget.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of October 15, 2002 considered the
matters noted and formulated the recommendations above.
City Council's concurrence with the recommendations outlined in this report would be
appreciated.
Respectfully submitted by:
Mr. Sam LaRosa, Acting Chairperson,
Municipal Parking & Traffic Committee
S :\TRAFFICXREPORTSL2002X2002 Council~vlW-2002- 137.wpd
File G-180-01
The City of
Niagara Fallsllk
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
October 21, 2002
R-2002-55
Adele Ken
Director
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2002-55- Actions Stemming from the Environmental
Planning & Greening Committee Meetings of September 18, 2002
and October 16, 2002
RECOMMENDATION:
It is recommended that Council endorse the actions of the September 18, 2002 and October 16, 2002
meetings of the Environmental Planning & Greening Committee.
BACKGROUND:
The Environmental Planning & Greening Committee dealt with a number of items in their recent
meetings and wish to highlight the items requiring Council's endorsement.
1. Streetscape Master Plan - Phase 2
In the Spring of 2002, City Council approved an allocation of $30,000 to cover the cost ofa Streetscape
Master Plan Phase 2 (Beautification), to cover other areas in the City, such as prominent boulevards,
and entrances into the City.
The Terms of Reference for the Streetscape Master Plan - Phase 2 was provided to six Landscape
Architect firms and four proposals were received. Report R-2002-54 is attached for further information.
The Environmental Planning & Greening Committee recommends that Paula Berketo, Landscape
Architect be awarded the contract to undertake the City's Streetscape Master Plan - Phase 2
(Beautification).
2. Request for No Boulevard Tree at 2514 Claude Avenue
The Environmental Planning and Greening Committee has on occasion reviewed requests for no
boulevard tree. The Committee's approach has been to support such requests only under unusual
circumstances, such as limited space on the boulevard.
Municipal Works
Working Together to Serve Our Community
Fire Services · Parks, Recreation & Culture ·
Business Development
October 21, 2002 - 2 - R-2002-55
After investigation and site inspection of the property at 2514 Claude Avenue, it was determined that
there is insufficient area for a tree.
The Environmental Planning & Greening Committee recommends that the property owner
at 2514 Claude Avenue, be advised that they will not receive a boulevard tree.
3. Tree Planting on Municipal Boulevards - Subdivision Development
After receiving a few requests fi.om property owners for no boulevard trees, The Environmental
Planning & Greening Committee wishes to suggest that the City's proposed Subdivision
Development Manual contain a clause to deal with the matter. They approved the following motion:
The Environmental Planning & Greening Committee recommends that the City's Subdivision
Policy contain a policy that where a lot owner is exempted from the tree planting requirement,
the tree must be planted in another location in the area approved by the City, or the equivalent
cost of the tree be put in a fund to be used for the same purpose in the future.
4. Queen Street Beautification
The Environmental Planning & Greening Committee has been focussing on beautification at
numerous locations throughout the City. A project for Queen Street has been reviewed. This
project includes enhancements to the gazebo, constructing a raised triangle bed, installing new
seating areas and the installation of an irrigation system in the raised triangular bed. Along the
island at Queen Street at Valley Way, plans include installing an irrigation system and the planting
of new shrubs. Request for quotes were sent out to nine (9) contractors and three (3) bids were
received. The lowest bid came from Touchstone Site Contractors.
The Environmental Planning & Greening Committee recommends that the City awards the
contract to Touchstone Site Contractors, the lowest bidder, for the Queen Street Projects and
that the project remains within the budget.
Council's endorsement of the above recommendations would be appreciated.
Respectfully Submitted,
Alderman Selina Volpatti, Chair
Environmental Planning & Greening
Committee
LA/das
Attachments
R:\COUNCIL~002 Reports\R-2002-55 Actions from EP&G Mtgs Sept 18 and Oct 16, 2002 .wpd
Niagara Falls
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@dty.niagarafalls.on.ca
R-2002-54
Adele Ken
Director
October 16, 2002
Alderman Selina Volpatti, Chair,
and Members of the Environmental Planning
and Greening Committee
City of Niagara Falls, Ontario
Members:
Re: R-2002-54
Streetscape Master Plan - Phase 2 (Beautification)
RECOMMENDATION:
That the Environmental, Planning & Greening Committee endorse the hiring of Paula Berketo,
Landscape Architect to undertake the City's Streetscape Master Plan - Phase 2 (Beautification).
BACKGROUND:
As part of the 2002 Budget, the Environmental Planning & Greening Committee recommended an
extension to the City's Streetscape Master Plan to include areas outside to the tourists districts. This
extension was to include prominent boulevards in the City, as well as, entrances into the City.
Council approved an allocation of $30,000 in the 2002 budget for the completion of a Streetscape
Master Plan - Phase 2. Terms of Reference were completed and provided to six Landscape Architect
company's and four proposals were received.
The four company's and the bids received are as follows:
l. Paula Berketo, Landscape Architect
$28,784.00
2. Hough Woodland Naylor Dance Leinster
$32,100.00
3. Peter J. Smith & Company Inc.
4. PMA Landscape Architects Ltd.
.$58,000.00
$65,780.0O
The firms who submitted proposals are all well qualified to complete the work. Since the last
Environmental, Planning & Greening Committee, there has been a meeting with the Chair of the E.
P. & G. as well as, the Steering Committee overseeing the project, to discuss the expectations of the
Municipal Works
Working Together to Serve Our Community
Fire Services · Parks, Recreation & Culture ·
Business Development
-2-
successful landscape architect firm. In addition to providing streetscaping plans, the final Master
Plan will also contain detailed concept plans for the beautification of specific areas of the City. It is
important that these areas consist of publically owned property, there is access to services such as
water for irrigation and there be a strategy for the ongoing maintenance following the areas being
beautified.
Parks, Recreation & Culture staff has met with Paula Berketo who submitted the lowest bid for the
project. The purpose of the meeting was to review the project and clarify the expectations of the
Steering Committee. A letter has been received from Ms. Berketo which highlights an understanding
of the project and the extent of the work to be undertaken. Ms. Berketo and the other consultants
who have submitted bids are aware that the E.P. & O. Committee will be endorsing the firm
recommended to undertake the project and Council will make the final decision.
Paula Berketo is a reputable Landscape Architect residing in the City of Niagara Falls. She has
considerable knowledge of the City and a good understanding of what the Master Plan is intended
to achieve. Ms. Berketo was the lowest bidder and we are confident in recommending her to
undertake the Phase 2 of the Streetscape Master Plan (Beautification). The endorsement of the E.P.
& G. Committee for Ms. Berketo to complete the Master Plan would be appreciated.
Adele Kon, Director
Parks, Recreation & Culture
Ext. 4507
BB:
S:\Council~Counci12002~R-2002-54 - Streetscap~ Master Plan - Phas~ 2 (Bcaufification).wpd
Corporate Services Department L-2002-59
The City of
Niagara FallsI
Canada
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-maih
(905) 356-7521
(905) 371-2892
rkallio@city .niagarafalls .on .ca
R. Kallio
City Solicitor
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
L-2002-59
Declare Lands Surplus and Offer for Sale
Cardinal Newman Way Road Allowance
Our File No. 2002-65
RECOMMENDATION:
1. That Cardinal Newman Way formerly known as Kimbark Avenue be stopped and closed.
2. That Cardinal Newman Way being City-owned lands be declared surplus and offered for
sale to Niagara Catholic District School Board for nominal consideration.
BACKGROUND:
Cardinal Newman Way, formerly known as Kimbark Avenue is shown in heavy outline on Appendix
"1" attached. The lands are located south of Beaverdams Road, east of Kalar Road.
Niagara Catholic District School Board ("the Board") purchased lands to the east of Cardinal
Newman Way. The Board has already submitted an application for site plan approval to Planning
and Development Services to use those lands for additional parking and to expand the school
facilities. The Board recently entered into an Agreement of Purchase and Sale with the owners of
the lands on the west side of Cardinal Newman Way.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 2 L-2002.59
On April 17, 2002, Niagara Catholic District School Board expressed its interest in purchasing
Cardinal Newman Way so as to complete the land assembly. A copy of the existing site plan can
be reviewed in the Planning Department.
The Board requires Cardinal Newman Way for the purpose of improving parking and school bus,
automobile and pedestrian access for Cardinal Newman Catholic School from Beaverdams Road.
This would assist with the City's Parking Enforcement around schools and The Kiss and Ride
Program. If the Board was to purchase Cardinal Newman Way, it would be necessary to reconfigure
the proposed site plan so as to provide a better buffer to the adjoining residences on either side of
the new parking area(s).
The Board has indicated that it does not require the property but will accept same for nominal
consideration. Disposing of the road allowance will relieve the City of all maintenance, plowing and
potential liability. It will also improve the flow of traffic for the operation of the school. It should
be noted that presently the road only serves a single user.
Staffhas no objections to conveying Cardinal Newman Way to the Board and concurs that the land
should be offered for sale.
Prepare/d by:
M. Morrofe
Law Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
R~by:
R.O. Kallio '
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
Sent by: BRODERICK & PARTNERS-
9053566904;
10/16/02 11:07; ]etFex #479;Page 2/2
~L~9,.~. FALLS CLEI~KS '0~. 1016 11 ~i i
4625 0NTAR]0 AVENUE
POST OFFICE BOX 897
)flAGARA FALLS, ONTARIO
CANA~DA L2E 6V6
TEL (905) 356-2621
I~AX (905) ~56.69o4
J.J. BR 0DEILICK,
0.C.L.~
W.A. AMADI0
J.B. HOPKINS
LM. Gn,BERTI
R. B. BURNS
October 16, 2002
Mayor WaYne Thomson and Members of Council
c/o Dean Iorfida, City Clerk
The City o~ Niagara Falls
4310 Quee~ Street
P.O. Box 102,3
Niagara Fei!s, Ontario
L2E 6X5
Dear Mayor Thomson and Members of Council:
Re: Propgsed Stopping Up and Closing of Cardinal Newman Way,
Nia¢aara Falls, Ontario
i am .~he solicitor for the Niagara Catholic District School Board.
the land owner abutting the above noted Cardinal Newman Way in
Niagara Fallis.
The roadway has been in existence for over 40 years and is used
by hundreds of vehicles each day. I would like an opportunity to
address Council on how these tax payers will be serviced in the future.
AccordinglY':, I would ask permission to speak at the Monday night
Council meeting.
Yours very truly,
BRODERICK & PARTNERS
Per:
WILLIAM A. AMADIO
WAA:dh
cc: Tom Saint-lvan¥
i' ["' h l; J:; Nl' IN IIOTJ4 ]'f.%l-I/',~ AP~Ii FI(I.:Nt'-*I.I LAN(II.I,'kiik:~,.
The Ci,y of i~.COrpOrate Services Department
Niagara Falls Ii__gal Services
Canada 0 Queen S~reet
~~ P.O Box ~023
~~~'~ ~i~ara Falls, ON L2E 6X5
web site: ~.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
L-2002-61
R. O. Kallio
City Solicitor
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-61
Establishment of Public Highway
Part 3 on 59R-11753 as Part of
Lemon Road and Willodell Road
Our File No.: 2002-224
RECOMMENDATION:
That a road widening and daylighting triangle, being Part 3 on Reference Plan 59R-11753 attached
as Appendix "A", be established as a public highway, to be known as, and to form part of Lemon
Road and Willodell Road.
BACKGROUND:
As a condition of Land Division Committee approval, Terry William White and Jacqueline White
conveyed a road widening and a daylighting triangle to the City. The subject land is located on the
west side of Willodell Road and on the north side of Lemon Road and shown in heavy outline
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 - 2 - L-2002-61
on the plan attached. Staff is now recommending that the subject land be dedicated as a public
highway to form part of Lemon Road and Willodell Road.
Preparfd by: //
Mary Morfone
Law Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
City Solicitor
Ied by:
/
Approved by:
T. Ravenda
Executive Director of Corporate Services
The City of i~1~, _Corporate Services Department
Niogoro Foils Wl~egal Services
~m~ 10 Queen Street
CanadaJW'o. Box 1023
~lj~~-I ~"" Nia. gara Falls, ON L2E 6X5
~ web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
L-2002-63
R, O. Kallio
City Solicitor
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-63
Release of Site Plan Agreement
5400 Portage Road
Our File No.: 2002-463
RECOMMENDATION:
That the release of a Site Plan Agreement registered on title of the lands known municipally as 5400
Portage Road is authorized and that the Mayor and Clerk be authorized to execute any documents
necessary for the purpose of releasing and terminating the agreement, at no cost to the City.
BACKGROUND:
In 1970 the owner of 5400 Portage Road entered into a Site Plan Agreement with the City to permit
the construction of a medical clinic.
The Site Plan Agreement provides that the covenants contained therein bind the property only for
a period of twenty years from the date of the agreement. With this "sunset" clause the plan is no
longer in force, therefore their Solicitor has requested that the Site Plan Agreement be released as
it has expired.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 - 2 - L-2002-63
Staff confirms the 1970 agreement is no longer required and may be terminated and removed from
the title to the property, at no cost to the City.
Prepared by:
Mary Morro~
Law Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recom
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
The City of ~'~,~ COrpOrate Services Department
Niagara Falls ~]~l~gal Services
Canada ~J 10 Queen Street
~d?,~~WO1. Box 1023
~-I~" Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
L-2002-64
R. O. Kallio
City Solicitor
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-64
Stopping Up and Closing of Part of Beechwood Road
Between Mountain Road and Thorold Stone Road
Our File No.: 2002-181
RECOMMENDATION:
That parts of Beechwood Road between former Stamford Township Lots 50 & 51 designated as Part
15 on Reference Plan 59R-11808 be stopped up and closed.
BACKGROUND:
In 2002 The Regional Municipality of Niagara approached the City requesting approval for the
realignment of Mountain Road. As part of the project the City will be required to stop up and close
part of the road allowance between former Stamford Township Lots 50 & 51 designated as Part 15
on Reference Plan 59R-11808. The subject portion is shown hatched on the draft plan attached.
In accordance with the Municipal Act, notice of Council's intention to pass a by-law closing parts
of the road allowance was published in the issues of the Niagara Falls Review for Saturday, August
24th and 31st and September 7th and 14th, 2002. The notice states that any person who claims that
his/her land will be prejudicially affected by closing the subject portions of the road allowance and
who applies to be heard, will be heard by Council at this meeting. At the time of writing this report
no one has applied to be heard.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 - 2 - L-2002-64
This matter has been examined by City Departments and the public utilities who have indicated the
subject portion can be closed and declared surplus to the City's needs.
Prepared by:/
Mary Mop:one
Law Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Reco ~by:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
PART
INS~ 529334
SECONDLY
CORREC~NG D~ED
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PIN 64267-0062 (LT)
PART
PLAN "SgR-
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~Z~
PART
INST. 531805
5~cR-1045§
PART
INST. 519,.~
Pac~ 6
PART 1
PLAN 59R-10456
PART 11
PLaN
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SEE OETAI[ 'El'
The City of ~1~ Corporate Services Department
Niagara Falls ll]~-egal Services
C a n ~Wo~.° BQo71e0n2S3treet
.~l~f'-I -- Nia. gara Falls, ON L2E 6X5
~ web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-maih
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on,ca
L-2002-65
R. O. Kallio
City Solicitor
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-65
Establishment of a Public Highway
Parts 1, 2, 3, 4, and 5 on 59R-11846
Our File No: 2002-106
RECOMMENDATION:
That a road widening, being Parts 1, 2, 3, 4, and 5 on Reference Plan 59R-11846 attached as
Appendix "A", be established as a public highway, to be known as, and to form part of, McGrail
Avenue.
BACKGROUND:
As a condition of Site Plan approval, Chalet Motor Inn (Niagara) Limited and Lorenzo D'Amico
conveyed a road widening to the City. The subject land is located on the southeast side of McGrail
Avenue and shown hatched on the plan attached. Staff is now recommending that the subject land
be dedicated as a public highway to form part of McGrail Avenue.
Prepared by: .,//
Mary l~rrone
Law Cl~rk
Ray Kallio
City Solicitor
Clerks · Finance
Approved by:
T. Ravenda
Executive Director
of Corporate Services
Respectfully submitted:
. John MacDonald
Chief Administrative Officer
Working Together to Serve Our Community
Human Resoumes · Information Systems · Legal · Planning & Development
APPENDIX .~.,~, A"
'Niagara 'Falls ~~__a~a! Servi~a
n 10 Queen Street
~an~o. 8ox 1023
~ I Niagara Falls, ON L2E 8X5
web slle: www.city.nlagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallioi~Dcity, niagarafalls.on.ca
L-2002-66
R.O. Kalllo
City Solicitor
October 21, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-66
Niagara Falls Hydro HoMing Corporation
Niagara Falls Hydro Inc.
Niagara Falls Hydro Services Inc.
Annual Meetings
Our File No. 2002-~6
RECOMMENDATION:
That the Mayor, being the shareholder's representative of Niagara Falls Hydro Holding.Corporation,
Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc., be authorized to execute the annual
resolutions of these three (3) corporations, as set out in Appendices 1, 2 and 3 and further that the
Mayor be authorized to attend any annual meetings called with respect to these three (3)
corporation.s. THAT MR. BRIAN WILKIE, NIAGARA FALLS HYDRO BE INVITED TO ATTEND A FUTURE
COUNCIL MEETING TO ADDRESS VARIOUS CONCERNS.
BACKGROUND:
The Corporation of the City of Niagara Falls is the sole shareholder of Niagara Falls Hydro Holding
Corporation, Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc. Each year, annual
resolutions and annual meetings are required for these companies, as well as any other private
corporation incorporated pursuant to the Ontario Business Corporations dct.
In that regard, Niagara Falls Hydro held an information meeting on September 5, 2002, at the
Sheraton Fallsview Hotel and invited all Members of Council and senior staffto attend.
At the information meeting, Niagara Falls Hydro staff presented the Financial Statements, the
activities of the corporations and other matters affecting the corporations. The auditor Presenfed his
report and made a brief presentation.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
October 21, 2002 - 2 - L-2002-66
Niagara Falls Hydro is now requesting that the shareholder, being the City, execute the annual
resolutions of the shareholders of these three (3) corporations. The shareholder's representative is
represented by the Mayor of the City.
These resolutions will be requii'ed fi.om the City on an annual basis.
~ d by:
Ray Kallio
City Solicitor
Respectfully submitted:
ac
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm
APPENDIX "1"
Annual Resolution of the Shareholder
Of
Niagara Falls Hydro Holding Corporation
Resolved that:
1. Approval of Financial Statements
The consolidated and non-consolidated financial statements of the
Corporation for the financial year ending December 31, 2001 with the
report dated May 30, 2002 of the Auditor thereon are hereby
acknowledged to have been presented to the shareholder of the
Corporation and are hereby approved and adopted.
2. Appointment of the Auditor
Crawford, Smith & Swallow be and is hereby appointed the Auditor of the
Corporation, to hold office until the next annual meeting of the shareholder
of the Corporation unless such Auditor is earlier duly removed from office,
at a remuneration to be fixed by the Board of Directors and the Board
being hereby authorized to fix such remuneration.
3. Confirmation of Acts of Directors and Officers
All acts, contracts, by-laws, resolutions, proceedings, appointments,
elections and payments enacted, taken, passed, made and done by the
directors and officers of the Corporation since Incorporation dated April 1,
2000 to the date hereof are hereby approved, ratified and confirmed.
The foregoing resolution is hereby consented to by the signature of the
Shareholder's representative as set out in original Shareholder Declaration,
Section 6 pursuant to Section 7 signed and dated May 8, 2000.
Dated the of ,2002
Mayor Wayne Thomson, City of Niagara Falls
.'!
APPENDIX "2"
Annual Resolution of the Shareholder
Of
Niagara Falls Hydro Inc.
Resolved that:
1. Approval of Financial Statements
The financial statements of the Corporation for the financial year ending
December 31, 2001 with the report dated May 30, 2002 of the Auditor
thereon are hereby acknowledged to have been presented to the
shareholder of the Corporation and are hereby approved and adopted.
2. Appointment of the Auditor
Crawford, Smith & Swallow be and is hereby appointed the Auditor of the
Corporation, to hold office until the next annual meeting of the shareholder
of the Corporation unless such Auditor is earlier duly removed from office,
at a remuneration to be fixed by the Board of Directors and the Board
being hereby authorized to fix such remuneration.
3. Confirmation of Acts of Directors and Officers
All acts, contracts, by-laws, resolutions, proceedings, appointments,
elections and payments enacted, taken, passed, made and done by the
directors and officers of the Corporation since Incorporation dated April 1,
2000 to the date hereof are hereby approved, ratified and confirmed.
The foregoing resolution is hereby consented to by the signature of the
Shareholder's representative as set out in original Shareholder Declaration,
Section 6 pursuant to Section 7 signed and dated May 8, 2000.
Dated the of ,2002
Mayor Wayne Thomson, City of Niagara Falls
APPENDIX "3"
Annual Resolution of the Shareholder
Of
Niagara Falls Hydro Services Inc.
Resolved that:
1. Approval of Financial Statements
The financial statements of-the Corporation for the financial year ending
December 31, 2001 with the report dated May 30, 2002 of the Auditor
thereon are hereby acknowledged to have been presented to the
shareholder of the Corporation and are hereby approved and adopted.
2. Appointment of the Auditor
Crawford, Smith & Swallow be and is hereby appointed the Auditor of the
Corporation, to hold office until the next annual meeting of the shareholder
of the Corporation unless such Auditor is earlier duly removed from office,
at a remuneration to be fixed by the Board of Directors and the Board
being hereby authorized to fix such remuneration.
3. Confirmation of Acts of Directors and Officers
All acts, contracts, by-laws, resolutions, proceedings, appointments,
elections and payments enacted, taken, passed, made and done by the
directors and officers of the Corporation since Incorporation dated April 1,
2000 to the date hereof are hereby approved, ratified and confirmed.
The foregoing resolution is hereby consented to by the signature of the
Shareholder's representative as set out in original Shareholder Declaration,
Section 6 pursuant to Section 7 signed and dated May 8, 2000.
Dated the of ,2002
Mayor Wayne Thomson, City of Niagara Falls