2003/01/13PLANNING MEETING
January 13, 2003
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
His Worship Mayor Thomson will make a presentation, to. Eleven year old Ryan
.Elliott, who recently captured the World Title at the 2002 Sport Karate International World
Games, held in Panama City, Florida.
2002 Winter Festival of Lights Sparkle Awards
His Worship Mayor Thomson, Jay Meilstrup, Vice Chair, and Joyce Morocco, Board
member of the Winter Festival of Lights, will present the 2002 Winter Festival of Lights
Sparkle AWards to the following:
Residential Category:
First Place: Tom & Trscie Mendies
Second Place: Tom & Diane Ryan
Third Place: Bill & Irene McMullin
Commercial Category:
First Place:
Second Place:
Third Place:
- 573t Leonard Street
- 2807 Pheasant Lane
- 3870 Gunning Drive
Patterson Funeral Home - 6062 Main Street
Home Sweet Home - 3710 Main Street, Chippawa
Victoria Park Towers - 6521 Drummond Road
-2-
DEPUTATIONS
The Canadian Red Cross Society
Mr. Bill Poole, President, Niagara Area, Canadian Red Cross Society, wishes to
provide an update on the Red Cross programs in the City of Niagara Falls.
Project S.H.A.R.E. "Raising the Roof" Campaign
Mr. Jeff Guarasci wishes to address Council on a "Raising the Roof" campaign to
find long-term solutions to homelessness in our country which takes place annually in
January and February.
ITEM NO. 01
ITEM NO. 02
PLANNING MATTERS
Public Meeting
Zoning By-law Amendment Application
AM-45/2002,, 6740 Fallsview Blvd., and
5996 & 6006 Fallsview Boulevard & 5993 Clark Avenue
Applicant: Niagara 21st and 757270 Ontario Ltd.
Agent: Italia Gilberti, Solicitor
Proposed TemPorary off-site Parking for the Marriott
Fallsview Hotel
Background Material:
Recommendation Report: PD-2003-01
- AND -
Correspondence from Michael Del Ben
Correspondence from Regional Niagara, Planning &
Development Department
Public Meeting
Zoning By-law Amendment Application
AM-48/2002, 4594 & 4588 Huron Street
Applicant: V & T Amato
Agent: J. Amato
Recognition of Existing Single Detached Dwellings
-3-
Background Material:
Recommendation Report: PD-2003-02
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
ITEM NO. 03
Public Meeting
Zoning By-law Amendment Application
AM-44/2002, 8240 McLeod Road
Applicant: Anna Rossi
Legalization of Hair Salon
Background Material:
Recommendation Report: PD-2003-04
- AND -
Correspondence from R. Belzil, property owner
on McLeod Road
ITEM NO. 04
Public Meeting
Zoning By-law Amendment Application
AM-39/2002, Stamford Nursery and Garden Centre
2828 St. Paul Avenue
Owner: 1338230 Ontario Limited
Garden Centre
Background Material:
Recommendation Report: PD-2003-03
- AND -
Correspondence from Patricia Conner
Correspondence from Jack Lee
Correspondence from D. K. Dimond
Correspondence from Stanley & Elizabeth Code
Correspondence from Don & Martha Cruikshank
Correspondence from Frank & Edith Benest
Correspondence from Tom Abma
-4-
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2003-05, Request for Extension to Draft Plan
Approval; Warren Woods, 26T-96001 (Revised)
Owner: 797045 Ontario Ltd.
Chief Administrative Officer
(HANDOUT) PD-2003-06, Tourism Policy
Review, Selection of Consultant.
REGULAR COUNCIL
ADOPTION OF MINUTES:
Planning Minutes of November 18, 2002;
Regular Minutes of December 2, 2002 and
Planning Minutes of December 9, 2002.
UNFINISHED BUSINESS
MW-2003-17
Assessment.
Chief Administrative Officer - Re: Main Street Environmental
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Ontario Association for Marriage and Family Therapy - Re: Proclamation -
requesting that Council proclaim the week of February 10 - 15, 2003 as "Marriage
Checkup Week".
RECOMMENDATION: That the request be approved.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
MUNICIPAL WORKS MATTERS
1. Chief Administrative Officer
MW-2003-14, Loose Leaf Pickup.
BUILDING & BY-LAW SERVICES
1. Chief Administrative Officer
BBS-2003-01, Conditional Permit, Niagara
Pdncess Hotel; 5046 Centre Street.
CORPORATE SERVICES MATTERS
1. Chief Administrative Officer
F-2003-01, Municipal Accounts.
FIRE SERVICES MATTERS
1. Chief Administrative Officer
FS-2003-02, Problems with CACC.
MISCELLANEOUS MATTERS
1. Chief Administrative Officer
L-2003-06, Establishment of Notice Procedures
under the new Municipal Act.
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION
OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN
EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
Consent A~enda:
1. MW-2003-01 - New Equipment Purchase - Brush Chipper
2. MW-2003-04 - Assumption of Various Subdivisions
3. R-2003-02 - Performing the National Anthem
4. R-2003-03 - Addition to Contract for F.H. Leslie Wading/Spray Pool
5. FS-2003-01 - Municipal By-law 80-114; Designation of Required Fire Access Route;
Inclusion of Promenade Condominiums; 3300 Montrose Rd.,
Owner: Kurt Klein
6. L-2003-01 - Establishment of Public Highway; Part 7 on Reference
Plan 59R-11808, as part of Beechwood Road.
7. L-2003-02 .- Release of Agreements; HOCO Ltd., Clifton Hill.
8. L-2003-05 - Release of Agreement; Downtown Professional Building Inc.,
4701 St. Clair Ave.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTIONS
1. That a letter of condolence be forwarded to the family of the late Anne MacDonald
mother of the City's Chief Administrative Officer, Mr. John MacDonald.
2. That Council formally approve the waiving of fees for the holding of a
skate-a-thon for local teenager Ray Anderson.
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-laws listed for Council consideration.
2003-01 To provide for appointments to certain Boards, Commissions and Committees.
2003-02 To establish procedures for the giving of notice.
2003-03 To amend By-law No. 2002-011, being a by-law to provide for appointments
to certain Boards, Commissions and Committees.
2003-04 To establish Part 7 on Reference Plan 59R-11808, as a public highway, to be known
as and to form part of Beechwood Road.
2003-05 To authorize the execution of an Amending Agreement to a Deferment of
Payment of Development Charges with Orsini Bros. Inns Inc.
2003-06 To amend By-law No. 79-200, to permit the construction of a special institutional
use on the north side of McLeod Road.
2003-07
To amend By-law No. 79-200, to permit the development of the Garner Estates
Phase 4 residential plan of subdivision located north of McLeod Road and east
of Garner Road.
2003-08
To authorize a Discharge of Charge/Mortgage/No. 583820 to The Optimist Club
of Niagara Falls from The Corporation of the City of Niagara Falls dated
May 11, 1999.
2003-09
(HANDOUT) To amend By-law Nos. 79-200, 2000-103 and 2000-165, to
temporarily relieve a hotel from providing all of the required parking on certain
lands and to temporarily permit another parcel of land to be used for off-site parking.
2003-10 To authorize monies for General Purposes (January 13, 2003)
2003-11 To adopt, ratify and confirm the actions of City Council as its meeting held on
the 13th day of January, 2003.
NEW BUSINESS
Subject: Results from Wold Champs
Date: Tue, 03 Dec 2002 21:04:12 -0500
From: Cecil Makowski <thcmakowskis~sympatico.ca>
To: sports~nfreview.com,.dcdakin~ahoo.com, m.e.ryan~juno.com
LOCAL YOUTH CAPTURES
WORI,D TITLE
December 3, 2002
Team Niagara's Ryan Elliott brOught home his squads only World Tire at this years Sport
Karate Internationals World Games held last week in Panama City, Florida and he claimed
it in the teams last event on the last day of cohipetition.
The local karate-ctabs trip to the premier event of their season was an overwhelming
success, yieding 16 top five £mishes including 5 second platings to back up 11 year old
Elliotts win in traditional self defence.
The runner up spots were recorded by Jonathon Makowski, Kendra Lawrie (2), Joanne
Elliott and Dan Marshall, a recent addition to the squad..
The Championships saw many hundreds of competitors from the USA, Europe and
Central America square off against a large contingent from Canada including the ten
member team based out of Niagara Falls' Championship Sport Karate.
Team Niagara was comprised of;
Sensei Jeremy Elliott
Jonathon Makowski
Kendra Lawrie
Joanne Elliott
Zack Elliott
Ryan Elliott
Chynna Foster
Jean Marchand
Dan Marshall
Judy Rodgers
For further information contact
Ccc Makowski
Team Manager
905 371 6297
! of 1 12/3/2002 9:08 PM
roject
.HA.R.E.
BOARD OF DIRECTORS
John Carter
President
Jim Ferraro
Vice President
Karen Stearne
Treasurer/Secretary
4129 Stanley Avenue, Unit 2, Niagara Falls, Ontario L2E 7H3
Phone: 905.357.5121 Fax: 905.357.0143 E-mail: pshare@on.aibn.com
Mayor Thomson and City Council Members
4310 Queen Street
Niagara Falls, Ontario
December 19, 2002
Rick Rathfelder
Past Presi(
Amy Bignucolc
Fundraising Chair
Members
Shirley Carr
Marlene Stratichuck
Ted Salci
Selina Volpatti
City Council Representative
'Advisory Board
Norman E. Armitage, CA
A. Douglas Birrell
Ann Louise Branscombe
David G. Diston
James V. Glynn
Ron Herkimer
Hon. Robert Nicholson, QC
Pamela Verrill Walker, LLB.
Dr Robin Williams, MD, DPH
Elaine Harvey
Executive Director
The City Of il~t~l~
Your Worship and City Council Members,
Raising the Roof is a national campaign raising money to find
long-term solutions to homelessness in our country. An awareness
campaign takes place annually in January and February. Toques are
purchased for $7 and worn on Toque Tuesday February 4, 2003. From
1998 to 2001, Raising the Roof has raised and allocated $547,000 to
42 community agencies across Canada.
St. Catharines City Council has avidly supported this campaign
every year. Agencies who have benefited fi.om these funds include
Community Care of St. Catharines & Thorold and the Housing Help
Cemre in St. Catharines.
We would like to make a deputation at the next council meeting on
January 13, 2003 asking that our City Council members and Mayor
purchase and proudly wear their toques during the campaign until
Toque Tuesday. Proceeds for Project SHARE are determined by how
well sales do in our community so the support of Council would be
appreciated. Please include our fundraiser, Jeff Guarasci, on your
agenda. For any further information, please contact Jeff or Diane
Corkum at (905) 357-5121.
Sincerely,
Elaine Harvey
Executive Director
cc. Dean Iorfida
The City of
Niagara FallsI
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-01
Doug Darbyson
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-01, Zoning By-law Amendment Application for a
Temporary Use By-law
AM-45/2002, 6740 Fallsview Boulevard and
5996 & 6006 Fallsview Boulevard & 5993 Clark Avenue
Applicant: Niagara 21st Group Inc. and 757270 Ontario Limited
Agent: Italia Gilberti, Solicitor
Proposed Temporary Off-site Parking for the Marriott Fallsview Hotel
RECOMMENDATION:
It is recommended that Council approve the requested application for a temporary use by-law to
permit a portion of the required parking for the Marriott Fallsview Hotel, 6740 Fallsview Boulevard,
to be provided on the east side of Fallsview Boulevard north of Robinson Street, conditional upon the
following:
1. that the amending zoning by-law include regulations respecting landscaping and fencing; and
that the owner enter into a site plan agreement and deposit sufficient security in order to
guarantee design aspects of the parking lot.
BACKGROUND:
The subject properties are shown as Parcel 1 (Marriott Fallsview Hotel) and Parcel 2 (5996 & 6006
Fallsview Boulevard & 5993 Clark Avenue) on Schedule 1. Parcel 1 is zoned a site specific Tourist
Commercial (TC-511) zone which permits the existing hotel and the required parking for the hotel
to be provided on the site of the Embassy Suites Hotel (Parcel 3) and within a parking structure on
land on the north side of Dunn Street (Parcel 4). Parcel 2 is zoned a site specific TC (482) zone
which permits the construction of a 1 O-storey hotel. It is currently surfaced with gravel and used as
a parking lot for the Marriot Courtyard Hotel on Victoria Avenue.
Working Together to Serve Our Community
Clerks · Finance · Human F~esources · Information Systems · Legal · Planning & Development
January 13, 2003 - 2 - PD-2003-01
As Council may recall, the applicant recently obtained amendments to the Official Plan and the
Zoning By-law to permit the Embassy Suites to be built to 36 storeys. The parking required for both
the Marriott Fallsview and the Embassy Suites necessitates that a parking structure be built on Parcel
4. One of the applicants, Niagara 21st Group Inc., and the owner of the Marriott Fallsview, Embassy
Suites and the Dunn Street land, wishes not to build the parking structure at this time and has instead
submitted this application for consideration.
Proposal
Niagara 21st Group Inc. and 757270 Ontario Limited, through their solicitor Italia Gilberti, have
requested a temporary use by-law to permit a portion of the required parking for the Marriott
Fallsview Hotel to be provided on land known as 5996 & 6006 Fallsview Boulevard & 5993 Clark
Avenue (herein after referred to as "the Fallsview/Clark lands") for period of not more than three
years. Site specific zoning provisions are requested to be applied to both parcels to permit the
proposal through a temporary use by-law.
Surrounding Land Uses
Land uses to the north, south and
predominantly hotels and restaurants.
east is Queen Victoria Park.
west of the Marriott Fallsview are tourist commercial,
Portage Road immediately borders to the east; further to the
Land uses surrounding the Fallsview/Clark lands are a mixture of established tourist commercial uses,
developing tourist commercial uses, legal non-conforming residential dwellings and vacant lands.
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comment. The following have been received.
Municipal Works
Reinstatement of the curbing and
boulevard on Fallsview Boulevard at the
three access points that are no longer
required.
· Parks, Recreation & Culture
No objections.
· Building & By-law Services
No objections.
Planning Review
The following is a summary of staff's assessment of the application.
The requested amendment illustrates the burgeoning parking issues in the Fallsview
Subdistrict.
The unparallel level of development activity in the Fallsview Subdistrict has had numerous
ramifications. During recent discussions with Niagara 21st, it has become apparent that the
hotel developments are requiring substantially more parking that what it is to be provided to
meet the provisions of the Zoning By-law. Niagara 21st, in addition to this application, has
January13,2003 -3- PD-2003~1
resorted to leasing parking from the Sheraton Fallsview Hotel on their off-site parking lot on
the west side of Stanley Avenue and is also investigating other alternatives. This application
is one of these alterations and will be utilized for patron and employee parking.
2. The requested amendment does not offend the Official Plan's tourism policies.
Both parcels are designated Tourist Commercial and are located within the Fallsview
Subdistrict. The tourism policies state that Fallsview shall function as the primary location
for large-scale accommodations, entertainment, retail and cultural attractions. The policies
promote a dense urban form of high-rise towers, within a pedestrian-friendly environment of
publicly accessible uses at grade and well-landscaped streets.
This approach encourages the use of land for active uses other than parking. However, where
provided, parking is to be designed such that it is well screened from the street by appropriate
setbacks and landscaping. The Plan does not address the issue of off-site parking; this was,
however, addressed in the Tourist Area Development Strategy (TADS) which stated that off-
site parking should only be considered for parking that is surplus to that required by the
Zoning By-law and should be located within 300 metres of the principal site.
Since the completion of TADS and the approval of the Official Plan's tourism policies, the
City has approved several proposals for hotel development that have included off-site parking,
usually on leased lands. In the majority of cases, the developer can provide all of the required
parking on-site within a parking structure but has elected not to as the lease payments are
more economical than .the construction of a parking structure. The subject application
continues this trend. As noted above, Niagara 21st can provide all of the required parking for
the Marriott Fallsview on the Embassy Suites site and by building a parking structure on the
Dunn Street land (Parcel 4). Niagara 2Pt has chosen not to build this parking structure as it
has secured a lease from 757270 Ontario Limited for the Fallsview/Clark lands. Niagara
2 l~t's long-term parking strategy proposes that parking be provided adjacent to the Marriott
Fallsview and Embassy Suites within a parking structure that is to be built over top of the
former CP Rail corridor. The required applications to amend the Official Plan and Zoning
By-law to permit this structure cannot as yet proceed as there is insufficient information on
two Cityprojects (Portage Prospect and the People Mover) that does not allow for finalization
of the plans of the parking structure. A temporary use by-law has thus been applied for in
order to provide for an interim parking solution until such time as the issues with Portage
Prospect and the People Mover may have then been resolved: At this point, the
Fallsview/Clark lands would not be needed as all the parking would then be on site. Because
of this, the requested temporary use by-law appears to be a reasonable interim solution for
satisfying the parking requirements of the Marriott Fallsview Hotel.
The Official Plan tourism policies also state that parking lots are to be designed in accordance
with the Design Criteria for Parking Areas. The Criteria state that surface parking lots are to
be separated from the street by a 20-foot landscape screen. As shown on Schedule 2, the site
plan shows that about 12 feet of landscaping along the Fallsview Boulevard frontage and no
landscaping along Clark Avenue. Also, no landscaping is provided along the side lot lines.
Regardless of the parking lot being a temporary use, the applicants should have to provide
minimum landscaping and screening requirements. The site plan shows that the manoeuvring
aisles between the parking spaces are undersized with respect to the zoning by-law provisions.
Because of this, only about six feet of landscaping can be provided along Fallsview Boulevard
January 13, 2003 - 4 - PD-2003-01
and no landscaping along Clark Avenue. As such, it is recommended that the applicant
provide fencing along the street frontages in order to screen the parking lot from the
sidewalks.
3. The proposal complies with the Official Plan policies respecting temporary use.
The Official Plan contains a number of tests for temporary uses so that a level of compatibility
can be achieved with surrounding land uses.
Shall be limited in duration. Temporary use by-laws are meant to permit lands to
be utilized on an interim basis until such time that a permanent redevelopment occurs.
The subject proposal is an example of this. Use of the land for required parking for
the Marriott Fallsview is only needed until the parking structure over the former CP
Rail corridor, adjacent to the Marriott Fallsview and the Embassy Suites, can be
constructed.
Shall not entail any major construction or investment. Temporary uses are not to
involve major construction or investment so that the use may easily be removed at the
expiration of the by-law. Significant investments tend to entrench uses and can be
costly to remove. The application does not involve significant investment. The
Fallsview/Clark lands have already been surfaced with gravel and are being used for
overflow parking for the Marriott Courtyard. Allocation of the spaces to the Marriott
Fallsview entails no investment. Moreover, the parking lot can easily be removed at
little cost when the lands redevelop in concert with their zoning.
Compatibility of the use with surrounding land uses. As noted above, the
surrounding lands are essentially an area in transition which is redeveloping with more
intensive tourist commercial uses. Parking lots are permitted uses under the TC zone
category and, as such, compatibility tends not to be an issue. However, as mentioned
earlier, landscaping along the street frontages should be done to screen the parking lot
from the street.
Potential impacts on the future use of the subject property and surrounding
lands. The parking lot can easily be removed at little cost. As such, there should be
no impact of the future use of the subject property or surrounding lands.
°
Traffic circulation, parking and servicing. The only access permitted will be the
one onto Clarke Avenue and redundant access points on Fallsview Boulevard are to
be reinstated. The current gravel surface, although acceptable only as the parking lot
is a temporary use, does not require storm sewers. It should be noted, however, that
the owner of the Old Stone Inn, abutting the parking lot to the south, has requested
that the parking lot bc paved to eliminate dust. The concern is valid and should be
addressed within the site plan agreement.
4. The requested amendment is appropriate.
The applicant has requested a temporary use by-law to permit off-site parking for three years
as allowed by the Planning Act as this should be the length o ftime required for Niagara 2 lSt's
long-term parking strategy to come to fruition.
January 13, 2003 - 5 - PD-2003-01
In order to guarantee the landscaping and fencing recommendations, the amending by-law has
regulations requiting a minimum landscape strip to be provided along the Fallsview
Boulevard frontage and fencing along both frontages.
It is recommended that the applicants enter into a site plan agreement with the City for
the Fallsview/Clark lands.
A site plan agreement will be required of the applicants for the Fallsview/Clark lands. The
design of the parking lot, including paving, servicing, landscaping and fencing, will be
addressed through the agreement. The owner of the Old Stone Inn has also requested
landscaping to provide buffering of noise and dust. As installation of landscaping will result
in the loss of parking, which has to be maximized due to the requirements of the Marriott
Hotel, an option may be to buffer the parking lot through fencing. This should be explored
through site plan review.
CONCLUSION:
Based on the foregoing, the request for a temporary use by-law can be supported for the following
reasons:
The proposal does not offend the tourism policies of the Official Plan.
The proposal complies with the temporary use policies of the Official Plan.
The amending by-law will contain regulations regarding screening measures along the street
frontages of the FallsvieW/Clark lands.
~amsley
Planner 2
A site plan agreement will be required to address detailed design issues.
?sp~mitted:
6o( John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darl~fson
Director of Planning & Development
T. Ravenda
Executive Director of Corporate Services
JB:am
Attach.
S:XPDR~2003~PD2003-01, AM45-02 Fallsview Blvd& Clark Ave.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Parcel 1'
Parcel 2:
Parcel 3:
Parcel 4:
Amending Zoning By-law No. 79-200
6740 Fallsview Boulevard
5996 & 6006 Fallsview Boulvard
and 5993 Clarke Avenue
6700 Fallsview Boulevard
N/S Dunn Street
AM-45/2002
Applicant: Niagara 21st Group Inc.
S:~Zoning~k lv~2002'~AM 4 5~M applng.a pr
I :NTS
November 2002
t
SCHEDULE 2 ,,..
!l
SCHEDULE 3
r
PAGE 01
Scanned I ..
January 7, 2003
VIA FAX (905-356-2354) &
REGISTERED MAIL
Director of PIam~ing & Development
City Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Sixs:
ge; CiW File .AM-45/2002
We are the owners of the Old Stone Inn, which abuts Parcel 2 on the south side.
We do not object to the property being used as parking for the hotel, on Parcel 1, for not more
than 3 years as stipulated.
However, we do have concerns about the noise and dust that will be created from the traffic mad,
in this regard, we would ask th.at the lot be properly paved mid landscaped with some sort of
scree~3.ing to cut dow~a on noise and dust.
Please take ottr request into consideration when making your decision.
MDB/Iz
Michael Del Ben
RECEIVED
JAN - ? 2003
PLANNING
& DEVELOPMENT
Gorge Holdings Inc,, 40 Albert Street W,i Thorold, Ontario L2V 2G3 /Telephone 905-227-3792 /Fax 905-227-3797
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O, BOX 1042 r--~-'~~
Thorold, Ontario L2V 4T7 I~ ~'~J'~~' Sca..ed
Telephone: (g05) 984-3630 LFIle: ~
Fax; (905) 641-5208 .......
E-mail: plen@regional.niagara.on.ca
Januaw 7,2003
File: D.10.M.11.23
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
?euillets de transmission par t~l~copleur
Post-It'" Fax Note
Fax II I N
RE:
Zoning By-law Amendment Application
6740 Fallsview Boulevard and 5996 & 6006 Failsview Boulevard and
5993 Clarke Avenue
Niagara 21~t Group Inc,
City of Niagara Falls
Your File; AM-45/2002
This application proposes to amend the City's Zoning By-law to allow parking required
for the Marriot Fallsview Hotel (6740 Fallsview Ave.) o be located at an alternative off-
site location situated to the north (5996 & 6006 Fallsview Blvd. and 5993 Clarke Ave.).
These lands are within the Niagara Falls Urban Area Boundary according to the
Regional Policy Plan and designated Tourist Commercial in the City's Official Plan. The
proposed parking lot is not situated in the most ideal location to conveniently serve the
hotel. The City should be satisfied that this 'alternative location is appropriate as only a
short term solution and that there is a commitment by the hotel owners to eventually
provide parking on the Dunn Street property to meet long term parking needs.
Regional Planning staff would not be opposed to the approval of the proposed Zoning
By-law amendment from either a Regional or Provincial planning perspective.
Please send notice of City Council's decision on this application.
Yours truly,
Director of Planning Services
C: Bill Stevens, Regional Public Works
M:\MSWORO\PC\NFzbla\Fallsview Bird Marrlot.doc
RECEIVED
JAN - 8 2003
PLANNING
& DEVELOPMENT
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) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-02
Doug Darbyson
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-02, Zoning By-law Amendment Application
AM-48/2002, 4594 & 4588 Huron Street
Applicant: V & T Amato
Agent: J. Amato
Recognition of Existing Single Detached Dwellings
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment for 4594 and 4588
Huron Street to recognize the existing single detached dwellings on each parcel under the current
Residential Apartment 5F Density (R5F) zone.
BACKGROUND:
The subject lands are located on the south side of Huron Street, west of Crysler Avenue, shown as
Parcel 1' and Parcel 2 on Schedule 1. An existing single detached dwelling occupies each parcel.
The lands were the subject of a recent consent application (B50/2002/NF). The application was
initiated by the applicant's intent to sell Parcel 1 (4594), which had been merged on title with Parcel
2 some time ago. The merged properties with the existing dwellings had legal non-conforming status
under the R5F zoning as they existed prior to the passing of the Zoning By-law. Approval of the
consent application will result in a non-conforming situation as the Zoning By-law only permits
undersized lots in a residential zone if they were created prior to the passing of the Zoning By-law.
Proposal
Mr. & Mrs. Amato, through their agent Joe Amato, have requested an amendment to the Zoning By-
law to recognize the existing dwellings at 4594 & 4588 Huron Street. Details are shown on the
surveyor's sketch, Schedule 2. The applicants have requested that site specific provisions be applied
to the R5F zoning to permit the existing dwellings on the proposed parcels and thereby permit one
or both of them to be sold.
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January 13, 2003 - 2 - PD-2003-02
Surrounding Land Uses
Lands located to the south, cast and west arc well-established single detached dwellings. To the
north, thc land uses are a mixture of legal non-conforming residential dwellings, offices and parking
lots.
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comments. No adverse comments were received.
Planning Review
The subject properties, together with the lands to the south, east and west, are designated Residential
in the Official Plan and are zoned R5F. Thus, the long-term intent is to have these lands develop as
high density residential in the form of apartments. The separation of Parcels 1 and 2 by consent and
the recognition of the existing dwellings by this application will serve to further entrench these uses.
However, given the mix of lot sizes in this area, a significant amount of property assemblage will
have to occur in order to develop this area as intended by the Official Plan and Zoning By-law. This
will take some time to be achieved.
The amending by-law will retain the current R5F zoning on each property thereby allowing future
redevelopment as intended by the Official Plan and Zoning By-law. Site specific provisions are
requested to be added to the R5F zoning to permit the existing dwellings and to relieve the frontage,
lot area and setback requirements.
Given this, and the stability of the surrounding existing residential land uses, the application to
recognize the existing dwellings is reasonable and should not serve as an impediment to further
redevelopment.
CONCLUSION'
Based on the foregoing, the requested amendment can be recommended for approval as the
amendment will recognize the existing dwellings only under the current R5F zoning and should not
impede furt~r development of the lands as envisaged by the Official Plan and Zoning By-law.
///
Approved by: ,
~ I~msley T. Rt~veJ
Planner 2 Executive Director of Corporate Services
Recommended by:
Doug Darbyson
Director of Planning & Development
JB :am
Attach.
/~Re spTt fullY su/~ itt e/~/t/~
John MacDona
Chief Administrative Officer
S:XPDRX2003~PD2003-02, AM48-02 4594 & 4588 Huron Street.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
-luron Street
~~ !orrison Street
Amending Zoning By-law No. 79-200
Parcel 1:4594 Huron Street
Parcel 2:4588 Huron Street
Applicant: Vince and Theresa Amato
AM-48/2002
1 :NTS
S:LZ0 ni ng',Alvlk2002~M.48'uM apping.apr Dec~nbo- 2002
SCHEDULE 2
(6o' w~DE) STREET
(MUNICIPAL ROAD)
-
PORCH
,,~S\9r~
9LOCK
ZIMMERMAI~I
(N.K.A.~
, KEY PLAN (NOJ To sca. E)
CITY 'NIAGARA FALLS
lJl ttl~ Ifd7777777i
~,, '"'*.~ i'~/z IF,,'/////Zi,
[~UBJECT TO
~4.3 ~ 4,1 ~ · J .....
~ : SH[O
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PLANS ggg
.,
NOTE: THIS SKETCH IS NOT A PLAN OF SURVEY,
OCTOBER 17, 2002
Mat[hews, Cameron, Heywood - Kerry T. Howe
Surveying Limit. ed
SKETCH F'OR LAND DIVISION PURPOSES ONLY
PART OF LoTs 5 & 6, BLOCK "R"'
ZIMMERMAN & BENEDICT PLANS
(N.K.A. PLANS 999 & 1'000)
CITY OF NIAGARA FALLS
REGIONAL MUNICIPALITY OF NIAGARA
MAIIHEWS, CAMERON, HEYWO00 - KERRY T. HOG S1JRVEY1NG tll411EO
.)0' O' 30' 6,0' ? "=JO'
2002
Drown C.D. A.C. 360.32 ATTACHED
NiAGarA PLANNING AND DEVELOPMENT DEPARTME~¢ ~
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O. Rox 1042
Thorold, Ontado L2V 4T7 l- ~ Plannin; '" ~
Telephone; (905) 984-3630 J ~ S~n~-d !
Fax; (905) 641-5208
E-mail: plan@regional.niagara.on.ca
Januaw 8,2003
File: D.10.M.11.23
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Dear Mr. Darbyson:
Feutllets de trartsrni$$1¢n par t~l~copieur I
00,1DePL I ¢
RE:
Zoning By-law Amendment Application
4594 & 4588 Huron Street
Vlnce and Theresa Amato
City of Niagara Falls
Your File: AM-48/2002
This application proposes an amendment to the City's Zoning By-law to permit existing
single detached dwellings to remain on lots recently created and presently zoned
Residential Apartment 5F Density (R5F). This is necessary to fulfill a condition of
approval for consent application (B50/2002/NF).
These lands are in the Urban Area Boundary for the City of Niagara Falls and
designated Residential in the City's Official Plan. These homes have compatibly
existed in this neighbourhood prior to the passing of the by-law and were originally built
on separate lots that eventually merged in title. The zoning amendment could be
considered'technical in nature since it is only necessary as a result of providing
separate lots for these dwellings.
In this regard Regional Planning staff would not be opposed to the approval of the
proposed zoning by-law amendment from either a Regional or Provincial planning
perspective.
Please send notice of City Council's decision on this application
Yours truly,
David J. Farley
Director of Planning ~ervices
M:\MSWORD\PC~NFzblaV~594&4588Huron.doc
RECEIVED
JAN - 8 2003
PLANNING
DEVELOPMENT
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) 356-2354
planning@city.niagarafalls.on.ca
January 13, 2003
PD-2003-04
Doug Darbyson
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-04, Zoning By-law Amendment Application
AM-44/2002, 8240 McLeod Road
Applicant: Anna Rossi
Legalization of Hair Salon
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested Zoning By, law amendment application to legalize an existing
hair salon at 8240 McLeod Road;
2)
the amending by-law include a personal service shop as a permitted use limited to a floor
area of 230 square metres; and
3)
the illegally operating dollar store be removed or an application be made to amend the
Zoning By-law to legalize the use.
BACKGROUND:.
The subject property is located on the southeast comer of McLeod Road and Kalar Road, as shown
on Schedule 1. The property is 1.56 acres in area and is currently occupied by a one-storey, 5,460
square foot plaza which has four tenants: a convenience store/deli, a wine products and processing
facility, a hair salon and a dollar store. The land is currently zoned a site specific Light Industrial
zone (LI-327) which allows a convenience store and a coffee shop in addition to the standard uses
permitted by the LI zone.
The hair salon is not a permitted use and was established in contravention to the property's zoning.
Staff has recently learned about the establishment of the dollar store, which is also in contravention
to the Zoning By-law. In early 2002, the property owner made an inquiry to the Planning Division
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Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
January 13, 2003 - 2 - PD-2003-04
as to the possibility of amending the Official Plan and Zoning By-law to allow the land to be
developed for commercial purposes. Staffadvised the owner that it would be premature to conSider
such a request. However, further limited-scale commercial development of the property could be
considered through an amendment to the Zoning By-law. The owner appears to have ignored this
advice and has been securing tenants for commercial uses.
Proposal
Anna Rossi has requested an amendment to the Zoning By-1aw to legalize the existing hair salon at
8240 McLeod Road. The applicant is requesting that a personal service shop be included under the
current LI-327 zoning.
Surrounding Land Uses
Lands directly to the north and west are vacant. To the east, lands on the north side of McLeod Road
have been developed for townhousing and a senior's apartment, and on the south side of McLeod
Road are legal non-conforming residential dwellings. Lands south ofsubj ect property are industrial,
with a tracking company adjoining directly. The northwest quadrant of McLeod ROad and Kalar
Road is currently developing as the Garner Estates plans of subdivision.
Circulation Comments:
Information regarding the application was circulated to City departments, government agencies and
the public for comment. The following have been received.
· Building & By-law Services
A building permit and plumbing permit are'required to
be obtained in accordance with the Building Code Act.
· Municipal Works
- Dedication of a 17-foot road widening across the full
frontage of McLeod Road.
- Dedication of a 23-foot by 23-foot daylighting triangle
at the southeast comer of McLeod Road and Kalar Road.
· Parks, Recreation & Culture
No objections.
Planning Review
The following is a summary of staff's assessment of the application.
1. Proposal does not offend the Official Plan.
The subject property is designated Industrial in the Official Plan. The policies of the Official
Plan promote lands of this designation to be utilized primarily for industry such as the
manufacturing, assembling, fabricating and warehousing of goods. However, the Plan does
allow for the establishment of free-standing offices, recreational and commercial services and
other complimentary land uses, through the appropriate amendment to the Zoning By-law, in
order to accommodate changing market conditions and new development trends. These uses are
to be restricted as to their location, size and extent of operations so as to preserve industry as the
primary function and to limit the commercial aspect of the district.
January 13, 2003 - 3 - PD-2003~)4
Several industrial developments in the City have been rezoned to provide for commercial uses.
Service commercial, office and retail uses have been permitted on these lands in order to allow
them to develop with complimentary industrial and commercial operations. The subject
application continues in this trend. Previously, as noted above, a convenience store and a coffee
shop were permitted by way of a site specific amendment. Inclusion of a personal service shop
. as a permitted use is a logical extension of the current zoning as it will allow the plaza to
capitalize on the growing residential development of the Garner Neighbourhood. In fact, the
commercial policies of the Garner Secondary Plan state that the northwest comer of McLeod
Road and Kalar Road be utilized for neighbourhood commercial uses. The Secondary Plan states
that a site of about five acres is necessary. The neighbourhood commercial site within the Garner
Estates Phase I plan of subdivision is only 1.7 acres in area. Due to this site being undersized,
and that it has yet to be developed, it is reasonable that the owner of the subject land would want
to expand to commercial function of the property.
Despite this, industrial properties or districts are not to provide a significant commercial function
and as such any commercial utilization should be controlled through the number of permitted
uses and floor area. The floor area of the convenience store and coffee shop uses that is currently
permitted is limited to 230 square metres each. This is the maximum floor area for any use that
is permitted under the Neighbourhood Commercial (NC) zone in order to control expansion. It
was utilized with this development previously so that the industrial function of the property
would be retained. The 230 square metre cap on the floor area of the personal service shop is
recommended, again, so that the commercial function is limited. It should be noted that further
expansion of commercial uses should only be considered through the appropriate planning
applications and should be done in concert with adjacent landowners, as was previously stated
to the property owner.
2. The requested amendment is appropriate.
The applicant has requested that a personal service shop be included as a permitted use under the
current LI-327 zone. Retention of the LI zone is appropriate so that the land develops as
industrial property and as intended by the Official Plan. The new amending by-law will include
a personal shop as a permitted use with a maximum floor area of 230 square metres.
CONCLUSION:
Based on the foregoing, the application to include a personal service shop as a permitted use at 8240
McLeod Road can be recommended for approval for the following reasons:
· The proposal does not offend the Industrial policies of the Official Plan.
· The inclusion of a personal service shop on the subject property continues the trend of
establishing service commercial uses on Industrial lands.
The extent of the personal service shop use is recommended to be limited to 230 square metres
in order to retain the industrial function of the property.
· Any further commercial expansion on the subject property should only be considered through
the appropriate planning applications and should be done in concert with adjacent landowners.
January 13, 2003
Planner 2
Recommended by:
Director of Planning & Development
-4-
PD-2003-04
Approved)y:
Tony Ravenda
Executive Director of Corporate ServiCes
Respectfull.,y submitted:
John MacDonald
Chief Administrative Officer
JB:am
Attach.
SSPDR~2003XPD2003-04, AM-44-02 8240 McLeod Road, Rossi.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning By-law No. 79-200
8240 McLeod Road
Applicant: Anna Rossi
S:~Zoning~AIvB2002XA M -44LMapping.apr
AM-44/2002
1 :NTS
Nov~wnber 2002
SCHEDULE 2
~
iREOEIVED
· NOV ! 12002
PLANNING
& DEVELOPMENT
RECEIVED
DEC 3 0 2002
PLANNING
& DEVELOPMENT
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) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-03
Doug Darbyson
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-03, Temporary Zoning By-law Amendment Application
AM-39/2002, Stamford Nursery and Garden Centre
2828 St. Paul Avenue
Owner: 1338230 Ontario Limited
Garden Centre
RECOMMENDATION:
It is recommended that:
1)
Council approve the temporary use of the property for a garden centre and associated
landscaping contracting business for a period not exceeding three years;
2)
the amending by-law contain provisions requiring landscaping strips and fencing along St.
Paul Avenue and along the south and east property lines as detailed in this report, to buffer
residential properties from the use; and
3)
development of the site be subject to Site Plan Control to implement the measures discussed
in recommendation #2 and interested residents be involved in the Site Plan Review.
BACKGROUND:
Proposal
1338230 Ontario Limited (Stamford Nursery and Garden Centre) has requested an amendment for
lands known as 2828 St. Paul Avenue, shown on Schedule 1. The amendment is requested to
temporarily permit the development of a garden centre and associated landscaping contracting
business on the lands for a period not exceeding three years. Details are shown on Schedule 2.
The lands are zoned Light Industrial (LI). The applicant has requested a temporary use by-law to add
a garden centre as a permitted use on the lands for a period not exceeding three years.
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January 13, 2003 -2 -' PD-2003-03
Although a garden centre is not a permitted use on the lands, a nursery for trees, shrubs and plants
is permitted. Generally, nurseries would grow the plants on the property, then either wholesale the
plants or have ancillary sales of the plants on site. A garden centre would generally be for the retail
sales of plants grown elsewhere, along with ancillary sales of such items as landscaping materials.
The use was established on the lands more than a year ago. Initially, this use involved the sale of
landscaping materials and contracting; later, the retail sale of plants was started. The applicant
initially indicated he intended to operate the business as a nursery. However, after investigating
concerns raised by nearby residents, it was determined that the use was not a nursery and thus did
not comply with the zoning by-law. The applicant was informed of the non-compliance and told that
he would either have to bring it into compliance (e.g., the primary use would be the growing of
plants with the accessory sale of such plants, the sale of landscaping materials would need to be a
complementary use) or apply for zoning relief. The applicant has chosen to apply for Zoning relief.
Surrounding Land Uses
The subject lands are surrounded mainly by Iow density residential uses, particularly to the northeast,
east and south. There are some commercial uses, such as a car dealer, car wash and small plaza to
the west and north west of the proposed use, along St. Paul Avenue.
Circulation Comments
Information regarding the application was circulated to City departments, the Regional Municipality
of Niagara and the public for comment. The following comments have been received.
Regional Municipality of Niagara
Regional Planning staff is not opposed
to the application from a Regional and
Provincial planning perspective.
The proposed garden centre would be a
more apPropriate use for this location as
opposed to other industrial uses
currently permitted by the zoning, as this
use more closely reflects the intent of
the City's Official Plan and Regional
Policy Plan to minimize potential land
use conflicts.
The City should ensure that an adequate
landscape strip is provided adjacent to
existing dwellings along the southerly
boundary to ensure compatibility.
Building & By-law Services
All required Building permits to be
obtained prior to commencement of
construction.
January 13, 2003
· Municipal Works
-3-
PD-2003-03
No traffic concerns, however, access
to the property should be configured at
a 90 degree angle to St. Paul Avenue.
Drainage and stormwater management
issues addressed through site plan
review.
Parks, Recreation & Culture
- No obi ections.
There were previously letters received from nearby residents about the development of the site. The
residents raised concerns about the legality of the use, noise and dust, drainage concerns, lighting,
tree removal and debris and rubbish on the property.
Correspondence has been received from the public both supporting and objecting to the application.
A letter of support was received, citing the appropriateness of the use. A letter of objection was also
received stating that the noise and dust generated from the use have been disruptive to residents.
Correspondence has also been received, not objecting to the application, but with concerns about
potential access from Harvey Street and about rubbish on the site.
Planning Review
The following is a summary of staff's assessment of the application.
1. The proposal conforms to the Official Plan as a temporary use.
The Official Plan designates the lands Residential and places these lands under Special
Policy Area No. 13. This Special Policy Area recognizes the existing light industrial and
commercial uses and allows them to be maintained as long as they exist. However, the
policy seeks to provide for the transition of land uses to more desirable and appropriate
residential land uses over time.
This policy does not contemplate the establishment of any new commercial uses in this area.
As such, the garden centre and contracting business does not conform to the Official Plan.
However, the Official plan gives Council the authority to pass by-laws authorizing the
temporary use of land that does not conform to the land use designation of the Official Plan.
A temporary use by-law may allow the use for a maximum of three years. When a temporary
use is being considered, such matters as the compatibility of the use with surrounding land
uses, the potential impact of the temporary use on both the future use of the subject property
and surrounding lands, traffic circulation, parking and servicing, and noise are to be
addressed.
A number of measures could be implemented to mitigate the impacts on surrounding
properties, including the use of landscaped strips and planting, fencing, site design to keep
the more disruptive functions away from nearby residences and measures to control dust and
buffer noise. This would help address concerns about the compatibility of the use with
surrounding land uses. The impact of the temporary use on the future use of the property
January 13, 2003 - 4 - PD-2003-03
should not be a problem as the materials stored on site and structures erected as part of this
use could easily be removed at the end of the by-law period, allowing for a restoration of the
site. The site offers ample room for parking and traffic circulation, and with access only off
of St. Paul Avenue, traffic impacts on surrounding residential streets should be minimized.
Any servicing issues will be dealt with as part of site plan control. Although this type of use
would generate some noise, noise nuisances can be mitigated by the use of wood fencing.
Provided these issues are dealt with through site plan control and the site plan agreement
addresses the restoration of the site if the use ceases, this application would be considered
in conformity with the Official Plan.
Permitting this use on a temporary basis provides a nUmber of advantages. The garden centre
would operate in conformity with the Official Plan. It would allow for the completion ofthe
site plan review and installation of the landscaping strips and fencing necessary for buffering.
It would also allow for the evaluation of the use and the impacts on surrounding areas. If the
applicant wishes to continue the use on a permanent basis, Official Plan and Zoning By-law
Amendment applications would be required. At this time, consideration should be given to
developing a permanent building to contain the majority of the uses and upgrading the site
works and landscaping so the use would feature high quality site design.
2. The requested amendment to Zoning By-law No. 79-200 is appropriate.
The current Light Industrial (LI) Zone permits a range of light industrial uses. Some of the
uses permitted include a trucking and shipping terminal, a winery, a variety o fmanufacturing
uses (within an enclosed building) including clay, stone, glass, cutlery, grain, feed and ice,
and a variety of automotive related uses. A garden centre with the appropriate buffering and
screening should not have a greater impact than many of these other permitted uses. The LI
zone already permits a nursery, a use with a similar purpose and land use impacts. As both
garden centres and nurseries often have an accessory contracting business for the installation
of goods sold on site, the associated landscaping contracting business is also considered
acceptable.
To minimize impacts on residents, the amending by-law should limit the temporary use to
the area currently being used by the garden centre and contracting business. It should be
noted that it appears some lands immediately north of the landscaping supplies as identified
on the site plan may currently be used. The site plan should be updated to include these areas
and provide screening, and the amending by-law drafted to include all areas being used by
the business.
Currently there is no definition of a garden centre in the Zoning By-law. To regulate the
activities that could occur on the land, the following definition should be incorporated into
the amending by-law:
"Garden Centre" - means a lot, building or structure, or part thereof, used
for the wholesale and retail sales of trees, shrubs, plants, soil, landscaping
materials, landscaping supplies, fertilizers and similar materials and may
include an associated landscaping contracting business.
January 13, 2003 - 5 - PD-2003-03
To ensure appropriate buffering is provided, it is recommended that the amending by-law
contain specific requirements for landscaping strips and fencing. A minimum landscaping
strip of 6 metres (20 feet) should be provided along St. Paul Avenue and along the rear
property line (abutting the properties that front onto Portage Road). Due to the limitations
of the lot frontage and requirements for parking, it would be difficult to secure a 6-metre
wide strip along the south property line. Therefore, a 3-metre (10-feet) wide strip is
recommended along the south property line. This would be an increase over the 1.5 metres
(5 feet) that is currently being provided. A 1.8-metre (6-feet) high closed board wooden
fence should also be required.
3. Development of the whole site is subject to Site Plan Control.
The site plan process considers matters such as drainage, landscaping, fencing and access.
It should be noted that when a temporary use is approved, the Official Plan does not
contemplate major investments in site works and infrastructure for ease of removal of these
and restoration of the land once a temporary use by-law expires. It is therefore, anticipated
that development of this site would include provision of a dust free parking surface and
driveways, seeding, sodding and tree planting in landscaping strips along St. Paul Avenue
and residential properties, grading and seeding undeveloped adjacent areas to reduce dust,
fencing to screen all related functions and the shielding or redirection of lighting from
residences. No access is proposed from Harvey Street and the site plan should confirm this.
The landscaping supplies component, which might have impacts on surrounding areas with
its truck movements and material storage has been located away from abutting properties.
The site plan agreement should also include measures to restore the site if the use ceases.
If the use is ever established as a permanent use, paved parking and driveway areas should
be implemented. As there has been resident interest in this development and many of their
concerns deal with site plan matters, the site plan process should involve the residents.
It should be noted that there have been concerns raised by an area resident about debris (i.e.,
tree roots, tires, concrete) on the rest of the property. These should be cleaned up and
maintained in accordance with property standards by-laws.
CONCLUSION:
The application is recommended for approval for the following reasons:
Permitting the use on a temporary basis would reconcile the use with the Official Plan
policies, and allow for further review and consideration in three years time.
Through Site Plan Control, measures could be undertaken to minimize the impact on
adjacent residential areas.
Site specific requirements for landscaping strips and fencing are recommended to be included
in the zoning by-law to mitigate the impact on adjacent residential areas.
January 13, 2003 - 6 - PD-2003-03
Prepared by:
Planner 2
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Recommended by:
Doug D arl~/yson
Director of Planning & Development
Approved by:
Executive Director of Corporate Services
Attach.
S:~DRX2003~PD2003-03, AM-39-02 2828 St. Paul Ave.wpd
SCHEDULE 1
LOCATION MAP
Subject Property
Amending Zoning BY-law No. 79-200
2828 St. Paul Avenue
Applicant: Stamford Nursery
AM-39/2002
S :L?.oning~A M52002La, M -39kM apping.apr
1 :NTS
October 2002
SCHEDULE 2
S I TE PLAN
PART OF LOT 57 AND
PART Of ROAD ALLOWANCE BETWEEN LOTS 36 8, 57 CLOSED RY aY-LAW ElS4 IRST. Re S.305
U-/ GEOGRAPHIC TOWNSHIP OF STAUFORO, NOW
o
~ CITY OF NIAGARA FALLS
o) ¢REGIONAL MUNICIPALITY OF NIAGARA
WILLI~ A* MASCOE
0 ONTARIO LAND SURVEYOR
z ~ REGISTERED PLAN No. 104
~ LOT 7
~ RES I DENT I AL HARVEY RES I DENT I AL
z STREET ,
I
PART I~ PLAN 5~R-5201
I CAR WASH
z ~ % ..~.. ~. ~ ~ ,,~.~ ...
~ PA~T ~ I pART 7 PA~T
RES I DENT I AL
WlLLI~ A, MASCOE
NOTES ., SURVEYING LTD,
CITY FILE; 39/2002
December 30 2002
6122 Harvey Street,
Niagara Falls, Ont.
L2J 2B1
Director of Planning and Development,
City Hall,
4310 Queen Street,
Niagara Falls, Ont.
L2E 6X5
Re:- Proposed Garden Center to be located at 2828 St. Paul Ave:
Our home, is located at 6122 Harvey Street, Lot number 5
After looking over schedule of proposed Garden Center, we have
no objection as to its location.
Our only concern, is for the vacant lot, behind the proposed
Garden Center, and what they plan on doing with it.
The side of our property runs along a road allowance that runs
into vacant property, behind proposed Garden Center, and we
definately do not want them to use road allowance to enter and
exit proposed site, causing traffic on our Street, and beside
our Home.
We are also concerned, empty lot may turn into a dumping ground
the vacant property, is already showing signs of this, felled trees
laying on ground, piles of tree roots, concrete and bricks and
wood, plus a few old car tires.
We would like to see them clean up mess they made to make it more
pleasing.
During Summer months, due to piles of debris, weeds and tall
grass cannot be cut, making lot unsightly and weed seeds easily
blow over onto our property.
Patricia Conner
RECEIVED
DEC 3 I 2002
PLANNING
& DEVELOPMENT
2714 St. Paul Ave.,
Niagara Falls, Ontario
L2J 2L4
December 22, 2002
Director of Planning and Development,
City Hall
Re: City File AM-39/2002
Gentlemen:
I am in support of the Zoning By-Law Amendment,
and believe the garden centre and associated landingscaping
contracting to be an appropriate use of the land.
Once upon a time ago, the land was a sand pit, and
many trucks coming in and out of the area. At one time, this
area was both commercial and industrial. This is a continuation
of the original zoning use. By dropping the commercial use,
the previous City Council has made it difficult for the residents
to make use of their property, eg. The Boot Ranch, 2722 St.
Paul Ave., started by Angelo Elia's son, Sam, no longer
operating. It is both difficult and expensive to start a viable
business in the short time frame given by the City.
For decades, the late Wesley Steele operated Steeles
Garden which is now Shane Cresent, which he originally rented
and shared the property with Syms Asphalt and Landscaping owned
by the late John Syms, which had equipment usual to the business.
This is nearby property. There are no reasons why this
application, should not be approved. There may be an objection
on a basis of increased traffic. If there was no Regional
Government, this would be still highway #8. Land has already
been expropriated for another lane of traffic.
I am a bit puzzled, why it is necessary to put the
applicant through this expensive ordeal, as the proposed use
is close to the current by-law use.
RECEIVED
DEC 3 0 2002
PLANNING
& DEVELOPMENT
Director of Planning and Development
City Hall
4310 Queen Street
Niagara Falls Ont
L2E 6X5
Ref: City File AM-39/2002
2828 St Paul Ave
Dear Sir
Dec 28 2002
Scanned I
As a property owner and occupant neighbour of the subject property I wish to raise my strong
objection to the rezoning of the property to permit development as a garden centre and
associated landscaping business. We have already been subjected to unacceptable noise and dust
problems. Early morning truck tail gate slamming and machine noise is not the thing for this
location. Further it appears the proprietor is already in violation of the existing by-laws and there
have been complaints through aldermen and others re the existing operation..
I do not want this type of development for this location Why has effective action against the
occupant not already been taken ? The council need weigh the aggregation effected by this
business and stop it now. Which one of any councilor would put up with this business operating
in their neighbourhood ?
2964 Portage Road
Niagara Falls L2J 2J5
RECEIVED
DEC 3 1 2002
PLANNING
& DEVELOPMENT
RECEIVED
JAN - 3 2003
PLANNING
& DEVELOPMENT
Don and Martha Cruikshank
6150 Mountaingate Drive,
Niagara Falls, Ontario
L2J 4H8
4-January-2003
Director of Planning and Development
City of Niagara Falls
City Hall,
4310 Queen Street,
Niagara Falls, Ontario
L2E 6X5
RECEIVED
JAN - 8 2003
PLANNING
DEVE, OPMENT
Reference:
city File AM-39/2002 - Amending Zoning by-Law No. 79-200
Stamford Nursery- 2828 St. Paul Avenue
Gentlemen:
We are owners of two properties - 6150 Mountaingate Drive and 6151 Harvey St. that are
in close proximity to the subject property. Both have direct sight lines to the property.
We have reviewed the notice provided and the development plan Schedule 2 submitted
with Andrew Bryce, the responsible City Planner.
We would object to the proposed amendment unless the following conditions were
included:
Although the rezoning applies to the entire property, development of the property shall
be limited to the extent illustrated on the Schedule 2 plan submitted. Any expansion of
the proposed use on the property shall require a further amendment, involving
notification of neighbouring properties.
There shall be no vehicle, pedestrian or other access permitted to the business from
Harvey Street. This is a strictly residential neighbourhood that should not be subject to
commercial traffic.
The height of the 6 ft fence shall be reviewed to ensure that there is minimal line of sight
into the business from Harvey Street and from all adjacent residential properties.
Lighting of the Greenhouses shall be shielded from adjacent properties, particularly if
overnight lighting is being considered. This may require additional fencing/barriers/
setbacks.
5. Overall site lighting including night security lighting' shall be designed so as to be
unobtrusive to neighbours.
Noise from the property shall be limited to normal daytime business hours only, and shall
not extend into the evening on any day. Machinery in particular shall not be operatbd on
the property after 5 pm on any day. We note that last year there was considerable
objectionable noise from this industrial area late into the evening, ie alter 11 pm on a
Sunday night. This activity should cease.
The St. Paul entrance should be properly landscaped to present an attractive appearance
to the neighbourhood. It is currently an eyesore, hardly in keeping with the image of a
garden and landscaping business.
The board fence proposed to border the residential properties on the .south side of the
property shall be designed to prevent the passthrough of exhaust fumes from the
proposed adjacent vehicle parking area. The design of the proposed board fence shall
include appropriate barriers.
The construction of all perimeter fencing shall be completed within 3 months of approval
of the proposed plan.
10.
Violation of any condition of the amendment shall void the amendment, and require the
business to cease operation until a new approval is granted.
At the end of the proposed 3 year use, we recommend that the City redesignate the use
· of the subject property for low rise low density residential use only, in keeping with a long range
plan for the light industrial properties on the east side of St. Paul Avenue.
It does not appear to us that meeting of any of these conditions should pose any hardship
on the proposed temporary use, and that full compliance with these conditions will demonstrate
a 'good neighbour' approach by Stamford Nursery, which one would expect would benefit their
business, particularly with the many potential customers that reside in the vicinity of the subject
property.
We hold ourselves available to discuss these recommendations at your earliest
convenience, and trust that they will be considered in any final planning approval that might be '
given.
Yours truly,
Don and Martha Cruikshank
6179 Harvey St. LOT 7
NIAGARA. FALLS Ont. L2J 2A9
Jan.2003
ZONING BY-LAW AMENDMENT APPLICATION
CITY FILE AM-39/2002
Zoning By-Law No. 79-200
DIRECTOR OF PLANNING ~ DEVELOPMENT
CITY HALL 4310 Queen St NIAGARA FALLS ON L2E 6X5
Schedule 2 Site Plan 2828 St. Paul Ave.
A good --Residential Area namely Harvey St.,Portage Road,,'
Churches Lane, St. Paul is being overpowered by so-called
Light Industrial.
Stamford Nurseries has infringed on our rights by proceed-
ing with construction etc. without authorization. We experienced
noise and pollution, evenings and week ends.
WHAT HAPPENS AFTER THREE YEARS? Will it be abandoned?
Access from Harvey Street MUST be closed off Permanently
Car Wash and Car Lot have and will draw potential Break-ins.
The newer proprietor of McRae Plumbing & Heating has
increased the Noise and Pollution as well as litter.
This all adds to the downgrading we all experience, for our
properties.
None of these conditions are ever considered for assessments
- set only by someone in another city -with a computor -
using guidelines that have no bearing on the area or conditions.
Properties are being OVER assessed and OVER taxed!!
Yours truly,
Frank & Edith Benest
From
Tom Abma
6185 Church's Lane
Niagara Falls, On. L2J 1Z1
I ~' - Scannea
TO
Doug Darbyson
Director of Planning & Development
The City of Ni'agara Falls
Re Temporary use by-law for property 2828 St. Paul Avenue, City File AM-39/2002
Dear Sir,
Last year the property. (2828 St. Paul Avenue) operated as a Nursery and Landscape
Supply business. The proposed amendment seems to ask if the .operation of Landscaping
Contracting Business could be added to this.
I'm not exactly sure what the difference is between the two, but if the change in
operations means more trucks moving in and out, and more equipment moving about, I
hope that certain guidelines are given that controls the dust and noise level, especially the
noise level. After all, it is a residential neighborhood.
Living on part of Lot 6 and 7, just South of the landscaping business, it is the noise level
that concerns me the most. In the past the normal business noises that occurred were
acceptable, and I found the owners most considerate in this. But I'm concerned that the
change in business may change this.
Since we have a back yard with trees and shade, and a garden, we enjoy being.outside.
Often on weekends and evenings, when the weather is nice, we gather there with family
and friends. It is the possibility of increased weekend and evening noises that concern
me the most. I do not oppose the temporary-use- bylaw, as a matter of fact I wish the
present 'owner success in his endeavors, but I would not like to see it happen that our
family gatherings could not be held outside because of the levels of noise.
I hope that the amendment addresses this issue, since, and I must repeat it again, it is a
residential neighbor, where people live who enjoy the outside, and who would very much
like to continue enjoying the back yard, without disturbances that destroy the
peacefulness of it.
As a citizen of Niagara Falls, I ask for little, just grant us the peacefulness and enjoyment
of our back yards.
Regards, Tom Abma
RECEIVED
JAN - 8 2003
PLANNING
DEVELOPMENT
A brief note regarding the fence.
The proposal indicates that a six feet board fence will be built. I don't'know what it will
look like when it is finished, nor do I know how well it will function as a noise barrier.
I just want to point out to you that at the north end of our property, about 2 ft. north of the
property line, the Landscaping property suddenly rises approx. 18 inches above the level
of our land, and increases in level going northward. ( see diagram below)
Perhaps a 6 feet high fence will be sufficient, but at this point I do not know.
The City of
Niagara Falls~
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6×5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city, niagarafalls .on .ca
PD-2003-05
Doug Darbyson
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2003-05, Request for Extension to Draft Plan Approval
Warren Woods, 26T-96001 (Revised)
Owner: 797045 Ontario Ltd.
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the Warren
Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs
on the property for public information purposes.
BACKGROUND:
Conditions of the original draft plan approval for this subdivision indicate that final approval must
be obtained within three years or the draft approval will lapse. Before the initial approval period
passes, an extension to draft plan approval may be granted provided that a written request is received
from the applicant which sets out the reasons for the delay and the steps being taken to resolve the
required conditions of approval.
In order to ensure that draft plans are not automatically extended without consideration being given
to current Council policy, planning principles and contemporary requirements, requests for
extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the
conditions associated with the delegation of subdivision approval authority, the concurrence of the
Region is required before an extension can be granted.
Planning Review
In a letter dated November 11, 2002, the developer submitted a request for an extension to draft
approval of the Warren Woods Plan of Subdivision (see attached letter and location map). Original
draft approval for the plan was received from the Region on October 23, 1998. A previous request
was granted by Council to extend draft plan approval for the subdivision. In addition, staff granted
a temporary extension as the anniversary of the formal approval date has passed and to allow a
review of the request.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
January 13, 2003 -2 - PD-2003-05
This subdivision proposes over 600 housing units in four development phases extending between
Kalar Road and Garner Road. The plan provides a compact form of housing with a mix of single-
detached dwellings, on-street townhouses and apartment units. The subdivision conforms to the
City's Official Plan and Garner Neighbourhood Secondary Plan. Phase 1 (Kalar Road frontage) has
detailed conditions of subdivision approval and is zoned appropriately. Future phases are subject
to additional review, various environment studies and rezoning. The developer has submitted a
zoning amendment application for the portion of the plan located along Garner Road as part of the
approvals necessary to enable this phase to proceed. The extension is requested due to the size of
the project and to allow more time to address servicing and environmental conditions. The Region
has no objection to the extension of draft approval for a one-year period.
The final registration of this subdivision plan, as well as others in the City, may potentially be
delayed due to servicing requirements. Niagara Falls and the Ministry of Environment (MOE) have
a development strategy in place that permits development to proceed City-wide on the basis that the
City's annual sewer program results in a net decrease in sewage flows. The City's sewer separation
program has been suspended which affects this City/MOE development strategy. Therefore, all
developments must be reviewed individually to determine their impact on localized sewage
overflows or basement flooding.
CONCLUSION:
Based on this review, a further one-year extension (until OCtober 23, 2003) to drag plan approval
can be supported. There is no Public Notice sign for the subdivision on the property. Council's
support for the extension should be conditional on subdivision signs being posted and maintained
on the Kalar Road and Gamer Road frontages for public information purposes. This Condition can
be cleared through the submission of photographs to the City showing the required signs.
Richard Wilson
Planner 2
///John MacDo .nald
~ Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
~. Ravenda
Executive Director of Corporate Services
RW:am
'Attach.
SSPDRL2003LPD 2003-05, Warren Woods.wpd
( ONS[ LTANTS
53 Woodside Avenue
Toronto, Ontario
MrP 1 L9
Phone (416) 540:1755
Fax (416) 760-0808
I Scanned
November ] l, 2002
Mr. Doug Dm'byson, Director of Planning and Development
City of Niagara Falls
431.0 Queen Street
P.O. Box 1023
Niagtua Falls ON L2E 6X5
Dear Doug,
Extension of Draft Plan Approval
Warren Woods, 26T-96001
We are most interested in obtaining an extension to the draft plan approval on thc above project.
Due to the large scale of the project and the scope and complexity of the servicing and
community issues involved, there are still a number of outstanding matters to be resolved prior to
om' moving foward with full-scale development on-site.
()ur initial plans to develop the Kalar Road frontage first have been set aside due to the negative
impact of the nei~bouring junkyard, ,and we have a m-zoning application submitted to the City
to enable us to develop from Garner Road eastwvard. The requisite cheques for City and
Regional review are being forwarded under separate cover.
I would like to thank City staff for their continued attention and effort in respect of the
development of our property.
SmcereI .ylyo~'~,
StuartP,G. Cowan
cc. 797045 Ontario Limited
RECEIVED
NOV 11 2002
PLANNING
& DEVELOPMENT
TOTAL P.OI
Draft Plan of Subdivision
Warren Woods
26T-96001 (Revised)
Location Map
Future Phases
Subject Land
1: NTSI
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) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-06
Doug Darbyson
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD-2003-06, Tourism Policy Review - Consultant Selection
RECOMMENDATION:
It is recommended that Council authorize the IBI Group be retained for the purpose of undertaking
a review and updating of the City's Official Plan tourism policies and associated implementation
procedures.
BACKGROUND:
In the process of considering an expansion to the Embassy Suites hotel from 30 to 36 storeys, in
August 2002 Council directed staff to initiate a review of the City's tourism policies through the
engaging of a consultant. In October 2002, Council approved the terms of reference for the proposed
Tourism Policy Review which would include such matters as a reassessment of the City's height
policies, the question of off-site hotel parking, the effectiveness of Section 37 agreements to secure
public realm improvements, refinements to the Architectural Peer Review process and so forth.
Three consulting groups submitted proposals and were interviewed for the study. The 1551 Group was
selected because of the thoroughness of their work programme, their understanding of the project
and the experience of the project team. Budget was not a major factor in the consultant selection
process, however, for Council's consideration, the following budget approvals were submitted.
Brook McIlroy Planning & Urban Design
Baird Sampson Neuert Architects Inc.
IBI Group
$77,175
75,400
74,632
These budgets are exclusive of disbursements and GST. Monies are available in reserve for this
project.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
January 13, 2003 - 2 - PD-2003.06
Staffofthe City, Region and Niagara Parks Commission participated in the selection of consultants.
It is recommended that the consultants be retained as soon as possible in order to refine and update
the City's tourism policies and implementation procedures in an expeditious manner.
Recommended by:
~XFDoug Darbyson
Director of Planning & Development
J
~spectfully submitted:
~//~°h -hnl e fM;d~i~insa]rdativ e O ffic e r
Approved by:
Tu. ~avenda ~ "~
Executive Director of Corporate Services
DD:tc
Attach.
S:~DRX2003~D2003-06 Tourism Policy Review.wpd
The City of ~1~1~
Niagara Falls
Canad~.~.~,J~'
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.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
edujlovi@city.niagarafalls.on.ca
MW-2003-17
Ed Dujlovic
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-17 - Main Street Environmental Assessment
RECOMMENDATION:
It is recommended that Council reconfirm Option #4 as the preferred alternative for the Main Street
mnxylrcmm~nt Aqqessment iF. A3; with the following recommended modifications - to allow eastbound
~.--..v~ .......... eft
traffic to go straight ont~o--S{/Jnley Ave; to have a left-hand turn onto Stanley Ave; to have a 1 -
hand turn from Stanley Ave. onto Main Street.
BACKGROUND:
At the December 9, 2002 Community Services Committee meeting, presentations were made by
David Jovanovic and Italia Gilberti, representing the Saks family, objecting to Committee' s selection
of Option #4 as the preferred alternative. As a result of the concerns raised by Mr. Jovanovic and
Ms. Gilberti staff was directed to meet with the various parties and report back by December 13,
2002. Also included in the motion was that if the matter could not be resolved that the Ministry of
the Environment (MOE) be contacted to withhold their recommendation to the Minister on the
matter.
As the issue could not be resolved by the December date, City staff contacted the MOE staffand they
agreed not to render their decision until such time as the City could meet with the objectors. During
these discussions, City staff was informed that the MOE staff would be recommending to the
Minister that the EA not be approved as the process for the environmental assessment was not
followed as a result of Committee recommending Option#4 as the preferred alternative even though
it was not ranked number one in the EA document.
On Monday, January 6, 2003 a meeting was held with the various stakeholders, City staff and its
consultants, and a number of Alderman to discuss the issues.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
January 13, 2003 -9- MW-2003-17
David Jovanovic/Lincoln Motor Inn
D. Jovanovic requested a modification to Option g4 to allow a break in the proposed median on
Stanley Avenue north of Dixon Street for northbound left tums to Main Street (to access the Lincoln
Motor Inn). He suggested that possible time of day restrictions would be appropriate as traffic
volumes on Stanley Avenue are not heavy during all hours of the day. He also offered that if and
when a problem develops, he would agree to having the median restored to close the access.
The requested modification to Option/14 cannot be supported from a technical perspective as it
would result in northbound left tums from Stanley Avenue to Main Street being made from the
centre most northbound through lane approximately 35 to 40 m north of the Stanley Avenue/Main
Street/Dixon Street signalized intersection. The safety and operational issues associated with the
shared use of this lane are as follows:
The potential for rear end and side swipe collisions would be increased with the shared use
of the centre most northbound lane for through and left turn movements. The short distance
north of the intersection increases the concem for safety as the drivers of northbound vehicles
discharging from the Stanley Avenue/Main Street/Dixon Street intersection on a green signal
indication would not expect to stop immediately north of the intersection for a left turning
vehicle in the through lane.
Regardless of time of day restrictions as proposed by Mr. Jovanovic, there may be off-peak
period conditions where the southbound left mm queue on Stanley Avenue would block the
proposed northbound left turn movement. This would result in delay on Stanley Avenue
northbound and a significant reduction in capacity as a left turning vehicle would fully
obstruct one of two northbound through lanes on Stanley Avenue.
If a northbound left turn vehicle were able to penetrate the southbound left turn queue (via
"courtesy gaps"), the motorist would still have to cross two southbound through lanes and
their sight line of oncoming traffic would be obstructed by vehicles in the southbound left
turn queue.
Northbound left mm vehicles waiting for a gap in southbound traffic may cause northbound
traffic on Stanley Avenue to back up through the Stanley Avenue/Main Street/Dixon Street
intersection, which would interfere with the safety and efficiency of the complex operation
of this intersection.
There are dual right mm lanes proposed for the Main Street/Dixon Street westbound
approach to Stanley Avenue. Potentially, some of this right tum traffic may be destined for
Main Street west of Stanley Avenue and would also use the requested break in the median
for the northbound left tum from Stanley Avenue to Main Street. This would result in safety
and efficiency concems as the blockage of the centre most northbound lane on Stanley
Avenue by a left turn vehicle would result in increased rear end and side swipe collisions,
and would create backups on Main Street through the intersections with both Stanley Avenue
January 13, 2003 -3- MW-2003-17
and Dixon Street. As well, weaving may occur where a motorist in the innermost of the dual
right turn lanes may try to change lanes while turning to access the break in the median on
Stanley Avenue to reach Main Street (west of Stanley Avenue). Conversely, motorists in the
outermost of the dual right turn lanes may try to change lanes to manoeuvre around a
northbound vehicle on Stanley Avenue waiting to turn left.
It is also noted that there are no opportunities to provide an exclusive left tum lane for the
northbound left turn from Stanley Avenue to Main Street. If the median was removed or shortened
and the southbound left turn lane was used as a two-way left turn lane, there would be insufficient
dedicated storage space for the anticipated heavy Stanley Avenue southbound left turn movement.
With the proximity of the Stanley Avenue/Main Street and Stanley Avenue/Main Street/Dixon Street
intersections, there would be a high risk for head-on collisions in the left mm lane as northbound and
southbound left turn motorists "competed" for this space. It is also noted that widening Stanley
Avenue to accommodate a separate northbound left turn lane would not be feasible due to the need
to realign the lanes through the Stanley Avenue/Main Street/Dixon Street intersection and property
limitations.
In summary, the intent of the redesign of the Stanley Avenue/Main Street/Dixon Street
intersection(s) was to improve safety and operational efficiency, and to increase capacity. The
proposed modifications, which reintroduce some of the existing traffic movements, would be
counterproductive in that they would result in safety, operational, and capacity problems and issues.
Saks Family, Renaissance Hotel:
Ms. Italia Gilberti representing the Renaissance Hotel explained that the key issue related to Option
//4 was the restriction of Dixon Street eastbound through and left turn movements at the intersection
with Stanley Avenue. The restriction, while not affecting the hotel site, would have a negative effect
on existing offsite parking operations and future potential redevelopment of their offsite parking lot
property. She stated that Option #5A was the preference of her client.
As Option # 4 is currently recommended in the Class EA, the preference for Option #5A is not
addressed in this memorandum. To modify Option # 4 to allow the Dixon Street eastbound through
and left turn movements cannot be supported from a technical perspective. These movements would
require a separate signal phase, and with the forecasted traffic volumes it is not possible to
accommodate this additional phase and operate the intersection within its capacity. The addition of
this phase would result in excessive delays to vehicles on all approaches to the intersection, which
would be characterized by extensive queuing and driver frustration.
In summary, the intent of the redesign of the Stanley Avenue/Main Street/Dixon Street
intersection(s) was to improve safety and operational efficiency, and to increase capacity. Allowing
all movements for Dixon Street eastbound, which reintroduces some of the existing traffic
movements, would be counterproductive in that capacity limitations would be imposed by the need
for an additional signal phase.
January 13, 2003 -4- MW-2003-17
Following the January 6, 2003 meeting, City staff once again contacted the MOE for clarification
regarding their previous comments as a result of discussions between MOE and OLGC. City staff
was then informed that the MOE position had changed and that the City would have to justify, in
writing, Council's selection of Option g4 over Option #5A the preferred option as per the
Environmental Assessment.
JUSTIFICATION
As Council may recall on December 10, 2001 it approved the following resolution, "Whereas there
is currently a study being undertaken to examine the possible closure of Main Street at Portage Road;
NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Niagara Falls does not
support, in principle, the closure of Main Street at Portage Road, in the City of Niagara Falls.
Carried Unanimously."
This resolution was approved by Council as a result of a number of significant issues. The factors
concerned included, the historical significant of Main Street, maintaining the route used by residents
from ChiPpawa to get into the City, and to provide direct access to the major attractor in the area.
Both Falls Management Company (FMC) and the Ontario Lottery and Gaming Corporation (OLGC)
had indicated to Council that a direct route from Stanley Avenue is required to their Portage Road
bus/track entrance/exit and the parking garage exit, in order to keep traffic away from the Fallsview
Boulevard which would have a detrimental impact to both the Casino complex and the neighbouring
hotels.
Based on the above Council made the decision to proceed with Option g4 as it scored closely with
the preferred option and it best met Council' s desire to keep Main Street open, recognizing that some
of the movements would be prevented, while at the same time addressing a complicated intersection
that needed to be improved upon.
Should Council wish to implement any of the changes requested, it is staff's opinion that they are
significant enough to require that an additional public meeting be held and that the EA document be
re-filed which would reopen the 30-day appeal period. The City's consultant has indicated that any
of the suggested modifications to Option g4 would result in a lower score. Accordingly, this may
make it even more difficult for the MOE to accept the City's position. Council should also keep in
mind that there are three (3) other objections which have been submitted to the MOE. These
objections would not be resolved with the proposed modifications identified in this report. Also,
while the Saks family concem may be resolved with the resubmission of Option 5A, FMC would
then file its own objection. It is also possible that if Council selected Option 5A that other property
owners in the Fallsview area may object, due to the increased traffic on Fallsview Boulevard that
would result.
It should be noted that any further delays will jeopardize having the necessary road improvements
completed in time for the Casino opening, not just at this intersection but on Fallsview Boulevard
as this outcome affects the work to be done on Fallsview Boulevard.
January 13, 2003 -5- MW-2003-17
Council's concurrence with the recommendation would be appreciated.
Approved by:
Ed Dujlovic
Director of Municipal Works
Attach.
R:~COUNCIL~2003 Rcports~/-2003-17 - Main Street EA - 2.WlXt
sp~mitted:
John MacDonald
Chief Administrative Officer
15:00 From-MILLER THOMSON T-218 P.02/04 F-853
MI
LLER THOMSON
E~arri$~;ers 8. ~;ol~c~tor$. Paten~; 8, 'r'ra<~e Mark Al~ents
LLP
D~rec~ hne. 80S 415 6710
E-ma~l i~¢ll~all~mdlen/tom$on,ca
December 20, 2002
The Honourable Chds Stockwell
Minister of the Environment
335 St. Clair Avenue West
Toronto ON M4V 1P5
Dear Minister:
City of Niagara Falls
Main Street Closure Study
Class Environmental Assessment
We are wrsting on behaff of Falls Management Company (FMC) and the Ontario
Lottery and Gaming Corporation (OLGC), who are the co-owners, developers
and operators of the Niagara Falls Casino/Gateway Project now under
construction on Fallsview Avenue at Murray Street in Niagara Falls. The $800
million casino/hotel/entertainment complex is scheduled to open in April 2004.
FMC and OLGC are making a very large investment in Niagara Falls, That
investment is dependent, among other Mings, on having excellent transportation
accessibdity in anticipation of the increased traffic expected to be generated by
the casino complex and other large-scale related developments now under way
in the vicinity. During the Casino Complex Site Plan Development, FMC and
OLGC agreed wIth the C~ty's request to move all primary vehicular services from
Murray Stree[ to Portage Road. Agreement to do so was predicated on the
existing street grid around the site remaining in place, together with road
improvements carried out in accordance with the Development Agreement. FMC
and OLGC have been active participants in three separate Class Environmental
Assessments unde~aken by the City of Niagara Falls and Regional Niagara to
plan for the major upgrading of the municipal road network.
To,ohio va~couvcr Call[a r,v Eamon~on M~r ~.n,3 m w,=1:6rloo R~=n wn~nc~r~e w3';n~n$~n,
Dec-ZO-02 15:00 From-MILLER THOMSON T-218 P.03/04 F-853
MI L.L. ER THOMSON
We are writing specifically with respect to the Main Street Closure Study Class
EA. FMC and OLGC strongly support the preferred solution selected by the
City of Niagara Falls. Among the altematwes considered in the study,
Alternative 4 best satisfies the traffic access and network traffic circulation
requirements of the casino complex, it provides full traffic access from Stanley
Avenue to and from Main Street, which will be the principal service access for the
casino complex. All trucks, patron tour buses, parking shuttle buses and
employee buses will access the casino site at the' south end from Portage Road
which is the extension of Main Street. The south access on Portage Road is also
the main exit from the 3,000 space casino parking garage. Therefore, the d~rect
link from Portage Road wa Main Street to Stanley Avenue is essential to the
proper functioning of the casino complex. This link is not provided by Alternative
5A, the only other highly rated solution documented in the Main Street Closure
Environmental Study Report
'We understand that you have received four requests under subsection 16(5) of
the Environmental Assessment Act for a Part !1 Order related to th~s project. We
have reviewed those requests as they relate to the City's preferred solution. We
have also reviewed the City's analysis of those requests set out in Mr. Smith's
letter of November 27, 2002.
We note that none of the Requestors' issues and concerns about the City's
preferred solution would be satisfied by Alternative 5A, the only other highly rated
solution. In fact, we would expect that some of the concerns noted by the
Requestors would be heightened by Alternative 5A. For example:
Alternative 5A could not be expected to overcome the concerns of the Village
of Chippewa Citizen's Committee. Alternative 5A would cut off all access
from Stanley Avenue to southbound Main Street, and would force all
northbound traffic on Main Street to turn nglqt onto Dixon Street, thereby
virtually closing Main Street east of Stanley Avenue. In contrast, the City's
preferred solution leaves Main Street open to all traffic in both directions east
of Stanley Avenue. Alternative 5A would likely worsen the situation related to
the concerns expressed.
Additional limitations imposecl by Alternative 5A on traffic movements on Main
Street east of Stanley Avenue, as noted above, would interfere more than the
City's preferred solution with traffic flows, and impose greater limitations on
access to, the Main & Ferry Business Improvement Area (BIA). Therefore,
Alternative 5A could not be expected to overcome the concerns of the Main &
Ferry BIA.
Mr. Rick Dntsacos, the owner of My Cousin Vinny's Restaurant and the
Country Chalet Restaurant has expressed concerns with the City's preferred
solution related to a centre median that would restdct left turns from Main
Street southl~ound to the Country Chalet restaurant and northbound to My
Cousin Vinny's Restaurant. With Alternative 5A, virtually all through traffic
gec-20-O2 15:01 From-MILLER THOMSON T-218 P.04/04 F-853
Mll..I-ER THOMSON
that would normally use Main Street to pass by the two restaurants would be
re-routed to other streets. Main Street would be converted to a local street
with no southbound traffic access east of Stanley Avenue. Northbound traffic
would only be local traffic that would be forced to turn right to Dixon Street.
We anticipate that Alternative 5A could be expected to significantly heighten
Mr. Drltsacos' concerns.
FMC and OLGC strongly support, the preferred solution of the City of Niagara
Falls, FMC and OLGC are strongly opposed to Alternative 5A because that
alternative would not adequately address the high traffic volumes generated by
the casino complex or accommodate the opttmum route for trucks and buses
servicing the casino complex,
Had Alternative 5A been selected as the preferred option by the City, it is very
likely that both FMC and OLGC would have requested you to make a Par[ II
Order. It is reasonable to expect that the four current Requestors would also
have requested a Part II Order if Alternative 5A had been selected.
As you know, the road infrastructure improvements necessary to facilitate the
opening of the casino complex in 2004 will need to be undertaken in 2003 On
behalf of FMC and OLGC, we urge you to deny the requests for a Part II Order
and allow the City of Niagara Falls to implement its preferred solution.
Yours very truly,
John Tidball
Certified Dy ~13e Law Society as
a Speciahst ~n Env~ronmemal Law
John Roce and Jim Dougan, Falls Management Corporahon
Ingrid Peters, Ontario Lottery and Gaming Corporabon
Rob Wanless, Marshall Macklin Monaghan L~mited
Falls Management Company
January 9, 2003
16-99056-20-T22
Mr. John MacDonald
Executive Director of Commllllity Services
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Fails, Ontario
L2E 6X5
Dear Mr. MacDonald:
Re'.
Main Street Closure Class Environmental Assessment
Niagara Falls Casino/Gateway Project (NFC/G1~)
We understand that Niagara Falls City Council will be meeting to ratify its earlier
decision to select Alternative 4 as the preferred alternative considered as part of the Main
Street Closure Class Environmental Assessment (EA). Falls Management Company,
together with the Ontario Lottery and Oaming Commission, are the co-ownu-r, and
developers of the Niagara Falls Casino/Gateway Project. FMC and OLGC strongly
support the preferred solution selected by the City of Niagara Falls. Among the
alternatives considered in the study, Alternative 4 best satisfies the traffic access and
network traffic circulation requirements of the casino complex.
FMC and OLGC are making a very large invesh,',ent in Niagara Fails. That investm,mt is
dependent, among other things, on having excellent transportation accessibility in
anticipation of the increased Waffle expected to be generated by the casino complex and
by the large-scale related development now under way in the vicinity. To that end, FMC
and OLGC have been active participants in three separate Class Environmental
Assessments undertaken by the City of Niagara Falls and Regional Niagara to plan for
the major upgrading of the municipal road network. FMC and OLGC have worked
closely with the city throughout the development of the Casino site plan. During the
process, the sit0 master plan was significantly changed to relocate the major truck service
and bus terminal area to the south end or the casino site w/th access to and from Portage
Road. This change was made in consultation with the city in good faith based on the key
road links remaining open. Tho casino traffic plan is dependent on the existini road
network remaining in place.
As the City is well aware, the Niagara Falls Casino/Gateway Project (NFC/GP) is the
largest development project in tho City. It is the catalyst for thc majority of the, new
developments now underway in the Fallsview Tourist area, and will be thc generator of
the majority of the business and traffic in that area. The expected peak hour vehicle.: trips
2300 Yonge Street, Suite 409, P,O, Box 2343, Toronw, Ontario M4P 1E4
Telephone: 416-322-5005 ° Fax: 416-322-6684
Mr. John MacDonaM
City of Niagara Falls
Page 2 of 4
generated by the NFC/GP will be greater than the number of trips generated by all other
approved developments combined. The Main Street Closure EA study projects .over
3,300 new vehicle trips in the area during the weekday p.m. peak hour. Over 50%
(1,770) of these trips will be generated by the NFC/GP alone. During the NFC/GP
Saturday evening peak hour, over 2,400 trips will be generated by the Casino complex.
These are very large traffic volumes that must be managed carefully to avoid cong¢:.~tion
and grid. lock in thc area.
In order to war-ge traffic and minimize congestion in the local road network, the
NFC/GP has determined the importance of providing direct, convenient access to the
highway and arterial mad network and of maxhpi~,.ing flexibility by distributing traffic
over thc road network. Stanley Aw'nut is the principal north-south arterial road itl thc
Fallsview Tourist area linking thc NFC/GP area to the highway network (QEW). One of
the key traffic objectives is to provide direct links betwccn thc NFC/GP and Sttmley
Avenue.
The NFC/GP site has been designed to accommodate all truck, tour bus and shuttlo bus
operations and much of thc exiting automobile traffic at the south end of the sJtc at
Portage Road. This is thc main exit. for thc 3,000 space parking garage. It is also the
'location of the casino service court, which incorporates 9 truck loading spaces and 14 bus
bays to serve tour buses (10 bays) parking shuttle buses (2 bays) and employee shuttle
buses (2 bays).
During the Saturday evening sit~ peak hour, over 700 cars per hour will exit at this
driveway. Over 100 buscs per hour on a Friday afrcmoor~ and over 160 per hour on a
Saturday evening will enter or exit the service court. ApproXimately 220 tracks per day
will enter or exit the service court. Managing this number of large vehicles on the local
road network in the Fallsview Tourist area is a major challenge. Direct access to the
arterial roads in the form of Stanley Ave. is cssclltial.
The most direct link for the traffic between thc south end of thc NFC/GP and St..'udcy
Avenue is Main St. If Main St. does not r~nain open so that it can can-y traffic between
Fallsview Blvd. and Stanley Ave., car, bus and lxttck traffic leavin___g the Casino south
driveway will bc forcccl to tslre an indirect route. In thc process, they will be forced to
make additional turning movements onto short sections of local streets and pass in front
of major new developments, For example, vehicles leaving the NFC/GP destined toward
Stanley Ave. will be'forced to turn either lei~ or right onto Fallsvicw Blvd. in~tead of
continuing straight ahead along Main St. to S~anlcy Ave. After mining onto Falls~iew,
these trucks, buses and cars will continuc a short distance past new hotcls and turn again
onto minor strccts such as Durra or Dixon, then travel a short distance before turning once
again onto Stanley Ave,
Similarly, inbound trucks and buses will be forced to turn onto local streets such as .Durra
or Dixon, travel the same short sections before turning again onto Fallsview, then travel a
short distance along Fallsview and turn again onto Portage Road to reach the service
court.
Mr. John MacDonald
City of Niagara Falls
Page 3 of 4
The resulting indirect routing on local streets will have an impact on traffic condiqSons
and on other developments. The increased number of turning 'movements, particularly by
large vehicles, will interfere with smooth traffic flow. The increased number of ears,
trucks and buses making right and left tums will increase interfcrcnce and conflicts with
pedcstrian crossing movements at three interscctions on Fallsview Boulevard at
Portage/Main, at Dram and at Dixon. There will bo an increase in the number of cars,
buses and tracks using Fallsview Boulevard in front of the Casino and the many new
hotels,
FMC and OLGC believe it is very important to avoid unnecessary vehicle activity along
Fallsview Boulevard in front of the Casino and other developments. This will ellow
Fallsview Boulevard to better accommodate the vehicle trips directly related to the
developments and to accommodate the increased pedestrian activity that will be
generated by the Casino and the hotels. Retaining Main Street between Fallsview and
Stanley would minimize traffic using Fallsview Boulevard in front of the NFC/GP and
would also minimize truck and bus tum~g movements at intzrscctions in the vichajty of
the NFC/GP.
The NFC/GP will bc the major generator of business and traffic and the catalyst for the
other developments in the Fallsview Tourist Area. Of the alternatives developed ~:~ part
of the Main Street Closure EA, Alternative 4 maintsin.~ the operation of Main Street and
best meets the traffic access objectives of the NFC/GP.
Alternative 5A was the other highly rated alternative identified in the Main Street Closure
EA. Alternative 5A would effectively close Main Street as a through route between
Fallsview Boulevard and Stanley Avenue. This alternative would detrimentally h'npact
the NFC/GP traffic operations by not meeting the traffic objectives identified above. The
closure of Main Street would force more trucks and buses to turn onto Fall,~view
Boulevard ~om Portage Road. These truck and buses would then be required to make
adclifional turning movements at intersections along Fallsview Boulevard such as Dunn,
Dixon and Murray to reach Stanley Avenue cn route to the area highway network. The
closure of Main Street would increase track and bus volumes in front of the NFC/GP and
increase turning movements at the intersections of Murray Street, Dixon Street and Dunn
Street. Additional intersection turning movements, particularly by trucks and bu~e~ will
increase delay and potentially congestion, and increase interferenc~ with pe&'.strian
intersection movornents.
During the EA study, FMC and OLGC consistently indicated their suppmX for
Alternative 4. The strong objections to Alternative 5 and 5A were not put for~trd as
Alternative 4 was selected by City Council. Had ^ltm-nafive 5 or 5A b~cn selected, FMC
and OLGC would have been compelled to request that the Minister of the Envirmmaent
consider a Part 2 order.
It is essential that the EA approval be confirmed as soon as possible so that the required
road construction can be completed during the 2003 construction season to be ready
Mr. John MacDonald
City of Niagara Falls
Page 4 of 4
before the opening of the cas/no in early 2004. Any delays will put the timely completion
in jeopardy. The resulting traffic congestion would have a devastating effect on the
Casino and area businesses.
In conclusion, FMC and OLGC s~rongly support the decision by the City of Niagara Falls
to recommend Alternative 4 as the preferred solution. Alternative 4 meets the traffic
objectives of the NFC/GP by maintaining the existing direct links between Stanley
Avenue and the NFC/GP. Alternative 4 has direct benefits to the NFC/GP and the
Fallsview Tourist area:
Approvals will be.in place in time to permit construction of the required
Fallsview area road improvements before opening of the Casino;
Approval of any other alternative would delay the construction of the rcq~tired
Fallsview area road improvements so that it may not be ready for the Casino
opening;
Alternative 4 will minimize Casino generated truck, bus mad car lxaffic
activity and cong~tion on Fallsview Boulevard in front of the NFC/G? and
other developments, thereby allowing the street to ~ea:ommodate local velxicle
and pedestrian movements generated by developments within the Falls'view
Tourist Area; and
Alternative 4 will minimize turning movements/pedestrian conflicts at the
intersectionS in the vicinity of the NFC/GP;
We would b~ pleased to provide any additional information that would be helpful to you
to Council. We urge Council to confm~ their support for Alternative 4.
sid Coo)
cc: John Roc~s'~
DaAd Maddocks
lngrid Peters
Rob Wanless
FMC
OLGC
OLOC
MMM
o vr o socur o v
MARRIA GE AND FAMILY THERAPY
(A Division of the American Association for Marriage and Family Therapy)
Your Worship Mayor Wayne Thomson
City Hall
P.O. Box 1023
4310 Queen Street,
Niagara Falls, ON L2E 6X5
December 10, 2002
Dear Mayor Wayne Thomson, ·
I am writing-to request a proclamation for "Marriage Checkup Week" on February 10-15, 2003.
During that week our association is conducting a public awareness campaign to promote healthy
marriages through annual checkups. Marriage checkups are designed to strengthen and protect
marriages by helping couples of all ages and descriptions examine their relationships on a regular
basis. We would like annual marriage checkups to become as routine as annual medical
checkups. We know you will agree that healthy marriages and healthy families are the lifeblood
of the community.
During Valentine's week members of our non-profit association will offer free one-hour marriage
checkups to the public as a community service. The marriage checkup helps identify the unique
strengths as well as the potential trouble spots in a relationship. Couples sit down with a trained
Marriage and Family Therapist who can help prevent small problems from becoming more
serious ones. It is our association's way of saying "Happy Valentine's Day" to Niagara Falls.
Our publicity materials will feature a cross-section of couples, young, old, same-sex, and
members of diverse cultural and racial groups. Niagara Falls is the home of many rich traditions
and varied communities. Our aim is to promote healthy marriages and prevent the painful
breakdown of marriages across the board.
We ask that you support our public awareness campaign by issuing a proclamation that February
10-15, 2003, is "Marriage Checkup Week". Thank you for your kind consideration of our
request.
Yours sincerely,
Heather McKeclmie, MSW, RSW, RMFT
President
Post Office Box 50055 · 660 Eglinton Ave. E. · Toronto · Ontario · M4G 4G 1 · 1-800-267-2638
www. oamft.on.ca
Community Services Department
The City of ~1~1~, MunicipaIQueenWOrks
Niagara Falls ~,~1~4310
Street
P.O. Box 1023
Niagara Falls,
Canada ~~" ON L2E 6X5
~~'~l~l~ _ web site: www. city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-14
Ed Dujlovic
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-14 -Loose Leaf Pickup
RECOMMENDATION:
It is recommended that the City ~ the Loose Leaf Pickup Program.
BACKGROUND:
As a result of this year's late dropping of leaves and the problems that were created with the loose
leaf pickup program, staff was directed by Committee to prepare a report on the service.
As Council is aware, the current provides residents with two options in disposing of leaves in the
Fall, the options are bagged curbed side collection and loose leaf pickup. The bagged service is
provided by The Regional Municipality of Niagara as part of the waste management services
provided to the City. The bagged leaves are picked up on a by-weekly basis, same day as the
recycling, with the residents allowed an unlimited number of bags. This service is normally provided
until early December. The loose leaf pickup, a service provided by the City using City forces, allows
residents to rake leaves to the edge of their property near the road where the City using two leaf
vacuum machines collect the leaves. The level of service provided is for two passes throughout the
City for those areas that receive the service (see attached service area map). This program is provided
when the leaves begin to fall and is normally anticipated to be completed by late November. The
cost of providing this service for 2003 is anticipated to be $86,000.
BAGGED LEA VES
Although affective in dealing with the Fall leaf problem, there have been concerns raised regarding
bagged collection. The issues raised are as follows;
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
January 13, 2003 - 2 - MW-2003-'14
Bags not always picked up on day of collection. This is as a result of either equipment
breakdown or large volumes which slow the operation. Normally the leaves are picked up
on the following day.
Bags being put out on the wrong collection day and not picked up until the following week.
.Amount of work required to bag the leaves. For some properties this could amount to 30 to
40 bags.
Service not offered to Commercial Sector.
LOOSE LEAF PICKUP
This operation, since its inception, has had numerous problems and as stated in the newspaper ads
is not guaranteed. The problems associated with the operation are;
· It is weather dependant.
· Wet Fall slows down operation as leaves are heavy and difficult to vacuum.
· Early snowfalls halt operation.
· Cold weather causes equipment to freeze.
· Leaves do not fall as anticipated.
· For 2002 the start of the pickup program was delayed two to three weeks.
· Residents raking leaves onto roads, although clearly advised not to, which results in
additional liability to the City due to narrowing of roads, blocking of gutters and catch basins
and creating slippery conditions.
· Leaves left at the edge of the road can be blown back onto properties that have bagged their
leaves.
· Residents asking for City crews to return as they have missed the pickup or raking leaves to
the road immediately following the pickup.
· Request for more than the two passes that are provided.
As Council is aware, leaves for this year were not all picked up due to the heavy snowfall. Staff has
already received phone calls from residents as a result of the leaves that were not picked up being
pushed into their driveways as a result of the snow plowing operations. This will continue to be a
problem throughout the winter until the Spring when the City will pickup the remaining leaves.
Following the last Council meeting an article appeared in The Niagara Falls Review regarding the
loose leaf pickup. The article quoted the Mayor asking that residents call into his office with their
opinion on the service. The results of the informal survey are as follows, 51% want to retain the
program with 49% recommending that it be discontinued. City staff also canvassed local
Municipalities, St. Catharines, Welland, Port Colborne, Fort Erie, CJrimsby and none of these
Municipalities provide this service.
Based on the above difficulties associated with the loose leaf pickup program it is staff's
recommendation that this service be discontinued.
Director of Municipal Works
(-,~Resp~ctfull~ subtnitted:
John MacDonald
Chief Administrative Officer
Oxforcd St, Leaves
Dec, 5, 2002
The City of
Niagara Falls
Canada
Community Services Department
Building & By-Law 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) 374-7500
melb@city.niagarafalls.on.ca
BBS-2003-01
Mel Brown
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BBS-2003-01, Conditional Permit, Niagara Princess Hotel
5046 Centre Street
RECOMMENDATION:
That Council do not object to the issuance of a Conditional Permit, which is not in accordance with
established policy, for a six storey hotel building.
BACKGROUND:
The Building Code Act, 1992, authorizes a chief building official to issue a conditional permit for
any stage of construction, where not all of the requirements necessary for the issuance of a full
building permit have been met.
In March 2000, a policy approved by Council for the issuance of conditional permits was adopted
whereby a conditional permit in areas of Site Plan Control would only be issued as follows:
A Site Plan has been approved and all conditions of approval, if applicable, are
cleared, prior to permit issuance;
The conditional permit will be issued for footings and foundations only, where such
work is likely to take more than three weeks;
The requirements of external agencies such as the Ministry of Transportation,
Niagara Escarpment Commission, Health Department, Ministry of the Environment
etc. must be met, prior to conditional permit issuance.
In the case of the subject property, a full building permit has been issued for the structural shell up
to four stories, but work proceeded to the sixth storey without a permit and an application to the
Committee of Adjustment was necessary as the additional work did not conform with the
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
- 2 - BBS-2003..01
requirements of the Zoning By-law. As a result the property is currently subject to a Stop Work
Order.
The application for six stories was apprOved by the Committee of Adjustment on January 7, 2003,
but there is an appeal period of twenty days and a Site Plan Agreement cannot be executed until the
appeal period is over, with no appeal. A full building permit cannot be issued within the appeal
period or until the Site Plan Agreement has been executed and registered and this is likely to take
at least a month. A Conditional Permit would not normally be issued in accordance with Policy as
the work is already beyond the foundation stage.
Notwithstanding, the owner wishes to proceed with construction before the above requirements are
met and a letter from his agent, Michael D. Allen, Architect is attached, requesting a Conditional
Permit.
Provided that Council has no objections, a Conditional Permit can be issued, as requested on
condition that the owner sign a Conditional Permit Agreement, pay all required fees and provide the
City with appropriate security. All work under a Conditional Permit is undertaken entirely at the
owner's risk.
dby:
Mel Brown
Director of Building & By-Law Services
Respectfully submitted:,/
John Mac~,, ChiefAd~?r~saltxdative Officer
443 Eastchester Road
St. Catharincs, ON.
L2M 6S2
tel (905) 984-5545
fax (905) 984-5542
e-mail: mdallen~becon.org
michael d. allen architect inc.
architect · urban planner · interior design ° project management
January 8, 2003
Mr. Mayor Wayne Thomson
C/O The City of Niagara Falls
4310 Queen Street
Niagara Falls, ON.
L2E 6X5
RECEIVED
JAN 0 8 2003
OFFICE OF
THE ADMINISTRATOR
RE: 5046 Centre Street, Niagara Falls,
Niagara Princess Hotel Ltd. - 6-storey hotel addition.
Dear Mayor Thomson,
Further to the Committee of Adjustmem meeting of January 7th,
I am enclosing this letter on behalf of my client requesting City Council's
consideration for the up coming council meeting, granting the building and
developmem division of City Hall autonomy to issue building permit prior
to the twenty day appeal period required for the approved minor variance,
allowing the construction of the additional 2 floors and the already
approved 4-storey hotel to commence/cominue. My cliem is requesting
this consideration in accordance with the submitted building permit
application for the additional 2-storeys, the approved minor variance
application, and the amended site plan agreement application for the
additional structure as submitted.
I would like to take this opportunity in advance to thank you and your staff
for their cooperation and efforts to date. If you require further information
or clarification please do not hesitate to comact the undersigned. Your
response to the enclosed will be greatly appreciated.
Respectfully,
Michael D. Allen Architect Inc.
M~chael D Allen ~ ~, ~ u~, B Arch Xech, O.A.A
PRINCIPAL ARCItl'II~CT - PLANNER
Cc Mr. Ashak Mere.
The Cily of
Niagara Falls~
Canada
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6×5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2016
kburden@city.niagarafalls.on.ca
F-2003-01
Kenneth E. Burden
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
F-2003-01 - Municipal Accounts
RECOMMENDATION:
That Council approve the municipal accounts totalling $15,424,917.67 for the period ending January
13, 2003.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment
is listed on tonight's Council agenda.
Recommended by:
K. E. Burden
Director of Finance
Respectfully sub~ttedL//~
John MacDonald
Chief Administrative Officer
Approved by: .
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
The City of
Niagara Falls'
Canada
Fire Services
5809 Morrison Street
Niagara Falls, ON L2E 2E8
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-1321
Fax: (905) 356-6236
E-mail: pburke@city, niagarafalls.on,ca
Patrick R. Burke
Fire Chief
FS-2003-02
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: FS-2003-02 Problems with CACC
RECOMMENDATION:
At its December 2~ meeting, Council requested a report concerning the problems that the Fire
Department was having with receiving incident notification' from Central Ambulance
Communications Centre (CACC). The bulk of this report was contained in a memorandum to the
Mayor, CAO and Director of Fire Services prior the last meeting of Regional Council in anticipation
of the issue being raised in that forum by another source. This report is for the information of
Council.
BACKGROUND:
Shortly after my arrival in Niagara Falls in March of 2002, I began to hear nnnblings about Fire not
being tiered by CACC to incidents which our members believed clearly fell within the tiered
response criteria for our department. In addition, there were complaints about delays in being
notified for tiered response. Many of the complaints raised at that time centred around our response
to motor vehicle collisions and the fact that we were either being notified very late or not at all.
These incidents would only come to our attention through members offduty who Came upon a motor
vehicle collision or through conversations with EMS personnel. The complaints began to escalate,
and members of the department who also work part-time as EMS paramedics started to relate
incidents where we were clearly not being notified. In August of 2002, I instructed our Alarm Room
Operators to begin monitoring EMS calls and authorized them to dispatch our vehicles and personnel
wherever they believed that the incident fit the tiered response criteria. Since August, 127 calls were
dispatched directly fi.om information received on the scanner without notification fi.om CACC.
In June of 2002, the Medical Assist Committee, a sub-committee of the Region's Joint Services
Committee, began to meet to deal with issues related to improving efficiency and service in the area
of emergency pre-hospital medical treatment. The difficulties with tiered response became a major
issue as the meetings progressed. CACC had some problems with the numbers and types of tiered
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Working Together to Serve Our Community
January 13, 2002 - 2 - FS-2003-02
criteria for each of the different local fire departments. The Fire Chiefs in the Niagara Region
committed to attempt to streamline the criteria. At the same time, it became evident that Niagara
Falls was not the only fire department to be encountering problems with being notified on tiered
response incidents. Every department was having difficulty. As a result, communications issues
between CACC and the fire services became the focus of some serious attention. The Regional 911
Centre was invited into the meetings to see if there was some way that calls could be routed from
that source either simultaneously with EMS or by telephone notification once the call was passed
off to ambulance (CACC).
As more dialogue ensued with the Region's fire departments, it became quite clear that most were
having problems in the area of timely notification for motor vehicle collisions where extrication or
stabilization was required. The major contributing factor to the delay was the tiered response
requirement that EMS arrive and assess the situation then call for Fire if required. Every department
was encountering incidents where they were arriving on scene for extrication, after some delay, only
to find vehicles not stabilized, attempts at extrication taking place without the proper tools by
persons without the proper training and the resulting delays in extricating the accident victim for
transport to a hospital. To eliminate this problem, all of the Fire Chiefs in the Region agreed that
it would be appropriate and would provide a much better and more timely service if Fire was tiered
immediately to all motor vehicle collisions which required an ambulance to respond Code 4(highest
emergency response level for EMS). This would allow for the quickest possible response by persons
trained in medical care, vehicle stabilization, extrication and vehicle systems. Fire personnel
responding have the training, tools and equipment required to address all of these matters and render
the scene-safe for continued or extended operations by all emergency personnel on scene. In
addition, Fire would probably arrive sooner than any of the other agencies and thereby provide a
more effective service to the community.
Initially, we seemed to be making some progress in this regard. We reviewed some possible
technological solutions with representatives from Bell Canada, and the 911 Centre agreed to review
their mandate with a view to notifying Fire as a courtesy, while CACC representatives indicated that
they would look at providing some training for CACC dispatchers. Regrettably, after subsequent
meetings, this initiative seemed to complicate matters even more. In an attempt to sort out how this
would take place from a Fire notification perspective, the Fire Department members of the Medical
Assist Committee met with both CACC and the 911 Centre. There was a hesitancy from each of
them to commit to a solution. We danced around perceived liability issues, human resource issues
and technology issues. It appeared as though no agency wanted to take on the task of providing us
notification. On December 10, 2002, we had a meeting at the Region chaired by John Cunnane with
a representative from the CACC Field Office and the Chief of Police in an attempt to sort out the
motor vehicle collision response issue. ChiefNicholls, quite rightly I believe, indicated that from
his perspective notification of the appropriate Fire department was the responsibility of CACC as
the primary agency in motor vehicle collisions with injuries. On the other hand, CACC was non-
committal. ChiefNicholls and the 911 Centre r6presentatives at our last meeting indicated that,
while they believed that it was a CACC responsibility, the 911 Centre mandate allowed for Fire to
be notified directly where circumstances dictated and time and workload permitted. ChiefNicholls
January 13, 2003
- 3 - FS-2003-02
said that he would encourage this to be done. In terms of motor vehicle collisions, the latest word
from CACC is that they will adhere to existing criteria until a new agreement is reached; however,
they will try to accommodate what is being proposed if it does not negatively impact on CACC's
primary mandate.
In a nutshell, this very briefly brings you up to date with activities within the Region related to
improving service through tiered response. While significant attention has been paid to the motor
vehicle collision issue, we cannot lose sight of the fact that Fire in Niagara Falls and throughout the
Region have not been receiving proper notification according to existing tiered criteria. Perhaps the
most glaring example of this is the recent tragedy involving Mancuso Chemicals. Existing tiered
response criteria for all fire departments in the region contain a "catch all" sentence that Fire is to
be notified whenever there is a "chemical" hazard, among other things. In the Mancuso incident,
we received no notification from CACC. Our Alarm Room Operator picked the call up from the
scanner and dispatched our personnel to assist in a medical response involving a chemical exposure.
The failure to notify and tier Fire in the Mancuso incident is symptomatic of a chronic problem in
notification for existing tiered response incidents. Base hospital has provided us with some very
raw data that indicates in the year 2001 there were 1196 incidents where the patient required ALS
(advanced life support) paramedic intervention in Niagara Falls and Fire was not tiered. The fact
that these incidents involved patients whose condition required ALS intervention and who did
receive ALS care through EMS indicates the serious nature of the incident. Some of these incidents
may have not fit within the tiered response criteria and some may have been borderline. However,
VSA, unconscious~ and chest pain/heart accounted for 198 incidents and breathing problems another
214 (Niagara Falls was not included in the tiering category for breathing problems in 2001). Across
the Region these numbers are significantly higher. The total incidents involving ALS intervention
amounts to 5,018 while the VSAs, unconscious, shortness of breath and chest pain/heart incidents
amount to 1,894. Even with a 50% margin of error, there would have been close to 1,000 serious
medical incidents where Fire should have been tiered but was not.
The concept of tiered response is based upon getting medical assistance to a patient as quickly as
possible where they are displaying symptoms of a serious nature. Participation by Fire in tiered
response was necessary in order for the Region to receive advanced (P2) paramedic training funded
by the Province. This provides a higher level emergency pre-hospital medical care to all of our
residents and visitors. Participation in this level of training for EMS personnel was contingent upon
overall response and intervention times that could not be achieved without Fire' s participation. Most
recently at the Chief Officers Executive Development Seminar at the Ontario Fire College in
Gravenhurst a representative from the Ministry of Health stated that fire departments in the Province
were an "integral component" in Ontario's health system.
All of this having been said, it is incumbent upon us to resolve these issues with CACC and ensure
that the citizens in our communities are receiving the emergency response and care that they deserve
and expect. They should not have to rely upon the monitoring of a radio frequency over a scanner
to ensure that they are receiving the response to their emergency that will ensure the quickest
possible intervention. To me that is unconscionable. I believe that in order for things to improve
it is going to take some positive action by senior members from the Ministry of Health. That action
January 13, 2003
- 4 - FS-2003-02
must involve something positive in the areas of human resources/performance, technology and
policy. Everything begins with policy. We need the Ministry of Health to abandon the "circle the
wagons" mentality and make a firm commitment to attack the problem. Without this commitment,
human resources/performance and technology will not be addressed. I believe that performance and
technology are inseparably linked. The technology solutions will help solve the performance
problems. I believe that the people in CACC are doing their best given existing policy and
technology. It is difficult to understand that in this day and age a CACC operator has to manually
leaf through a booklet to determine the tiered response criteria and fire dispatch provider for each
municipality. All of that information should be linked to addressing and/or mapping information
imbedded in the CAD system so that there is no confusion nor delay in tiering the appropriate
agencies.
I come from an area, Essex County, where the EMS service delivery area and the CACC service area
were the same. While there were some problems, they did not appear to be of the magnitude being
endured here. As I understand it, this has been a problem that has persisted for some time.
Whatever the solution, it must be found quickly. We are continuing to meet in an attempt to reach
some agreement on a solution, however, I believe that there is no complete solution achievable
without the will of the Province through the Ministry of Health. The positive exercise of that will
must include a commitment to both policy and technology along with the human and other resources
necessary.
It should be emphasized that this is a problem that emanates from shortcomings in the
communications and dispatch functions which are a provincial responsibility. The training,
dedication, competence and effectiveness of the response agencies is not in question. There is
tremendous cooperation and mutual respect among all of those who deliver the service "on the
street". That cooperation and respect is manifest at the senior levels of the agencies.
Patrick R. Burke
Fire Chief
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Approved by:
Edward P. Lustig ~
Director of Fire Services~
PB:rs
The City of
Niagara Falls
Canada
Corporate Services Department
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6×5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
L-2003-06
R.O. Kallio
City Solicitor
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
January 13, 2003
Re:
L-2003-06
Public Notice provisions pursuant to new MunicipalAct, 2001
RECOMMENDATION:
That Council pass a by-law to establish procedures for the giving of public notice as required
pursuant to the Municipal Act, 2001.
BACKGROUND:
Section 251 of the new Municipal Act, 2001 provides that where a municipality is required to give
notice under the Act, unless the notice requirements are set out in the Act, it shall give notice in a
form and in the manner and at the times that the Council considers adequate to give reasonable
notice. This section gives Council the opportunity to determine the adequacy and reasonableness
of any notice required to be given under the Act. This should be done formally by by-law, as
opposed to on an ad hoc basis, and should be fair in all the circumstances.
The new Act has carded forward some of the notice provisions in the old Act and has added a few
new ones. Notice of a public meeting or notice of an intention to pass a by-law is required for
highway closings, naming highways, naming private roads, advertising devices including signs,
licensing by-laws, the sale of land and budget and budget amendments, among others.
The attached proposed by-law would require a minimum notice of six days and notice would be
given by publication in a newspaper, by by-law or resolution passed by the Council or by an item
being listed on the Council agenda.
It should be noted that where notice is given of a public meeting or the passage of a by-law, any
Clerks
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Finance · Human Resources · Information Systems · Legal · Planning & Development
January13,2003 -2- L-2003-06
person who attends the meeting would be entitled to make representations. This means that the
person would not be required to notify the Clerk and ask to be listed as a deputation.
The MunicipalAct, 2001 has other notice provisions but they are specifically dealt with in the Act.
Ray Kall [o
City Solicitor
Respectfully submitted~ /
Chief Administrative Officer
Approved by:
Executive Director of Corporate Services
ROK/sm
Enclosure
CITY OF NIAGARA FALLS
By-law No. 2003 -
A by-law to establish procedures for the giving of notice.
WHEREAS section 251 of the Municipal Act, 2001 S.O. 2001, Chap. 25 (the "Act") provides that
a municipality, when so required to give notice under the Act, shall give notice in a ftrm and in the
manner and at the times that the Council considers adequate to give reasonable notice.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
Where notice is required to be given under the Act for a public meeting or the passage of a
by-law, except as otherwise provided in the Act, the notice shall include the following:
(a) the date, time and location of the public meeting;
a brief explanation of the purpose of the public meeting or the passage of the by-law;
and
(c)
if applicable,, the name of a contact person who could provide more information
regarding the proposed public meeting or the proposed by-law.
The public meeting shall not be held or the by-law shall not be passed less than six days after
the requirements for giving notice have been complied with and any person who attends the
meeting shall be given the opportunity to make representation.
o
Notice under section 1 shall be given in compliance with clauses (a), (b) or (c) but need not
be given in compliance with more than one of these clauses:
(a)
publication in a newspaper that, in the opinion of the City Clerk, is of sufficiently
general circulation in the municipality that it would give the public reasonable notice
of the public meeting or passage of the by-law;
(b)
by by-law or resolution passed by Council at a Council meeting held prior to the
Council meeting at which the public meeting will be held or the by-law passed; or
(c)
by listing the public meeting or the passage of the by-law on the Council agenda at
a Council meeting held prior to the Council meeting at which the public meeting will
be held or the by-law passed.
If a by-law is passed in the case of an emergency without complying with the provisions of
this By-law, the Council shall, as soon as is practicable after its passage, hold the meeting
-2-
and give the notice referred to in section 3 and may, after that meeting, amend or repeal the
by-law without the requirement of a further meeting.
The Council hereby de'fares and confirms its intent that should any provision or any part of
any prows~on of this By-law be held by a court of competent jurisdiction to be invalid, or of
no force and effect, it is the intent of the Council in enacting this By-law, that each and every
other provision of this By-law, and every part of any provision, authorized by law, stand and
be applied and enforced in accordance with its terms to the extent possible according to law.
Passed this 13th day of January, 2003.
DEAN IORFIDA, CITY CLERK
WAYNE THOMSON, MAYOR
First Reading:
Second Reading:
Third Reading:
January l3,2003
January l3,2003
January l3,2003
CONSENT AGENDA
The City of
Niagara Falls~
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2003-01
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members: RE:
MW-2003-01
Tender #13-2002
New Equipment Purchase Brush Chipper
RECOMMENDATION
It is recommended that the tender for one (1) Trailer Mounted Brush Chipper from Powertech Inc. for
a final purchase price of $43,096.25 (tendered price less $6,000 trade-in allowance plus taxes) be
accepted.
BACKGROUND
New Equipment Tenders were opened by the Tender Opening Committee on Thursday, October 3,
2002. Recommendations for all equipment except the Trailer Mounted Brush Chipper were approved
by Council October 21, 2002.
Staff recommends that the tender for the Brush Chipper be awarded to the highest bidder as noted
above as the two lowest bidders did not meet the necessary specifications for this type of equipment.
Please see the attached Tender Summary for bid amounts.
There are sufficient funds in the 2002 budget to cover this purchase.
Council's approval of the recommendations and information contained in this report would be
appreciated.
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January 13, 2003 - 2 - MW-2003-01
Prepared by:
Douglas Good
Operations Superintendent
Recommended by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
/gkf
attach.
h:~reports~2OO3~nw-2003-1 new equip.wpd
Respectfully submitted:
(~l~,°~ .hn ~M. a,c D°n ald
Chief Administrative Officer
NEW EQUIPMENT PURCHASE
TENDER #13-2002
TENDER SUMMARY - Brush Chipper
SUPPLIER
Woodchipper
ONE ('1) ONLY
Allan Fyfe Equipment
Concord, Ontario
* $39,985.00 + taxes
$43,475.00 + taxes
Vermeer Sales & Service
Brampton, Ontario
* $39,907.10 + taxes
Note: All suppliers provided a $6,000 trade in allowance.
* DOES NOT MEET SPECIFICATIONS
Community Services Department
The City of ~i~ MunicipaIWorks
Queen Street
Niagara
Falls
P.O. Box 1023
Car'l~~ Niagara Falls, ON L2E 6X5
~~"~'~~ -- web site: www. city.niagarafalls.on.ca
Tel.: (905) 356-752'1
Fax: (905) 356-2354
E-mail: edujlovi@city, niagarafalls.on.ca
MW-2003-04
Ed Dujlovic
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-04
Assumption of Various Subdivisions
RECOMMENDATION:
It is recommended that the City formally assume the Plans of Subdivision listed in this report.
BACKGROUND:
The City's standard Subdivision Agreement sets out the various obligations of the developer and
prescribes certain construction standards and maintenance periods for the various components of the
new public infrastructure.
Once these obligations have been met the new roadways, storm & sanitary sewers, watermains etc.
can be transferred to public ownership and the securities held to guarantee the completion of this
work can be returned to the developer. This process of formally assuming the subdivision by
Council resolution signifies this transfer of ownership from private to public and allows the
municipality to legally impose traffic regulations (e.g., parking, stop controls etc.) and enforce other
by-laws regarding sewer use, water consumption and sidewalk maintenance.
Since this process is essentially a housekeeping item, a sizeable list of subdivisions has been
compiled. The location of these subdivisions has been shown graphically on the attached five (5)
pages for your easy reference.
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January 13, 2003 - 2 - MW-2003-04
Plan Number
Subdivision Name
59M-245
59M-202
59M-227
59M-254
59M-264
59M-255
59R-1021
59M-270
59M-259
59M-272
59M-236
59M-214
59M-129
59M-225 ·
59M-234
Imperial Court
Bouato Estates
Katharina Subdivision
Solomon Circle
Mount Forest V
West meadow IV
Greendale Drive
Grandview River
Flowers Estates
Willick Road
Mount Carmel IV
Country Rose Estates
Westmeadow 2 Phase 3
Mount Carmel Villas
Grossi Court
Upon passing this resolution a Certificate of Assumption will be issued to each developer and a
formal notice sent to our Operations Staff for their records.
Council's favourable consideration of this recommendation is appreciated.
Prepared by(x,
Manager of Development
Respectfully submitted:
~°h~e fMAaLDi~linsa~dati v e O ffi c e"" r
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
Attach.
S:\REPORTSL2003 Reports\MW-2003-04 - Assumption of Various Subdivisions.wpd
o~
The City of
Niagara Falls
ONTARIO, CANADA
-0 0 O
Index map to accompany
"Plans of Subdivision to
be Assumed"
Maps 1 - 4
A
0 1 2 Kilometers
0
0
0
Legend
............ CN Rail
CP Rail
o o Hydro
.... Interprovincial Pipeline
Trans-Canada Pipeline
Subdivisions
Inlernalional Boundary
Municipal Boundary
Roads
December, 2002 u :\gis~'~ aprqstsYnworks\GeoffHolman~s ubdivs_to_be_assu reed.apr
Plans of Subdivision to be Assumed
Map I (North West)
0 0
0 0 0
MONTROSE ROAI~
¢
0
0 0 0 0
O' 0 0 ' 0 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 O'
0 0 0 0 ';
0 0 ..0'
0 0 0
.0 .0 .0 '
0 0 O'
.0 0o
0 0 0 0
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°o
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o
0 o
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o 0
iDR~ o o
0 0 0 0
0
RIALL
WALLACE
BRIAN
Legend
CN Rail
CP Rail
o o Hydro
.... Interprovincial Pipeline
Trans-Canada Pipeline
D Subdivisions
Roads
Flowers Subdivision
Grossi Court Subdivision
8 Kathrina Plan Subdivision
9 Mount Carmel 4 Subdivision
10 Mount Carmel Villas Subdivision
11 Mount Forest 5 Subdivision
12 Solomon Circle Subdivision
13 West Meadow Ext. 4 Subdivision
14 West Meadow Subdivision
15 West Meadow Subdivision 59M-129
~ l~G _~.W_e_s~t__Me.~? Subdivision 59_~3 129
9
59M-259
59M-234
59M-227 J
59M-254 __]
59M-255
N
A
0 100 200 300 400 500 Melers
December, 2002 u:\gis~aprqsts~nworks\GeoffHolman~ubdivs_lo be assumed.apr
GIoVINA
o
o
Plans of SubdiVision to be Assumed
Map 2 (North East)
0
/
/
o
'O
o. o
O o O
oo
oo o
~ 0Oo°O
gg§Oo o
0 oO o o
oO oO o o
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o 0oOO°
LEVINE
sTROHAN o
RESERVOIR
o
o
o
o
o
o
o o
o o o
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0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0 0 0
O O O O O O
O O
o o o
0 0 0 0 0 0
0
0 0
0 00 0
0 0
0
0
0
0
0
BROOKS CRF~.
o
o 0
Legend
.........CN Rail
CP Rail
O o Hydro
..... Interprovincial Pipeline
Trans-Canada Pipeline
N Subdivisions
Roads
Map iD # Name Plan #
L.. I ...................... ~_,_--J.
N
0 100 200 300 400 500 Meters
December, 2002 u:\gis~naprqsts~nworks\GeoffHolman~s ubdivs_to_be_assum ed.apr
Plans of Subdivision to be Assumed
Map 3 (Central)
WANLESS
CABOT DR.
DNEYST.
VALLEY WAY
~OIAMONTE
GARDEN
ST.
,UNDY'S LANE
PL.
COACH DR.
MARAND
TAYLOR
Z
f Legend
....CN Rail
CP Rail
o o Hydro
..... Interprovincial Pipeline
Trans-Canada Pipeline
Subdivisions
Roads
,,._ J
15 ..... Greendale Street Subdivision 59R-10215
7- Imperial Court Subdivision 59M-245
200 300 400 ' 500 Meters
December, 2002 u:\gis\maprqstsYnwo~s\GeoffHolman~subdivs lo be assumed.apr
Plans of Subdivision to be Assumed
Map 4 (South East)
Legend
CN Rail
CP Rail
Hydro
In~[erprovincial Pipeline
Trans-Canada Pipeline
Subdivisions
Roa_ds .......
River Estates Subdivision i59M-270
Road Estates Subdivision [59M-272
N
0 100 200 300 400 500 Meters
o
0
o
o
o
O
O
o
O
WILLICK RD.
WEAVERRO.
O
O
O
o
MILLER. RD.
O
O
O
O
O
O
O
MARSHALL RD.
O
O
O
O
O
O
O
O
o
o
o
o
0
0
December, 2002 u:~,gisVnaprqsts'v"nworks\GeoffHolm an~subdivs_to_be_as su med.a Pr
Community Services Department
Th Air f .,~a Parks, Recreation & Culture e L; y 0 Jrj~l~, 4310 Queen Street
Niogorcl Foils ~J~l~ p O. Box 1023
Conod(3 ~~Niagara Fails, ON L2E 6X5
ma![ web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city, niagarafalls.on.ca
R-2003-02
Adele Kon
Director
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
R-2003-02 - Performing the National Anthem
RECOMMENDATION:
That the National Anthem be performed on a monthly basis.
BACKGROUND:
At the April 15, 2002 meeting, Council supported a motion of the Arts & Culture Commission that
the National Anthem be performed prior to the start of a Council meeting once per month for a two
(2) month trail basis. Members of the Arts & Culture Commission have received positive comments
regarding the singing of our anthem from both Members of Council and the Members of the
community. Therefore, they are now requesting that the performances continue on a regular monthly
basis. The Arts & Culture Commission has agreed to Continue to select and schedule the various
singers/musicians and to provide a brief description of the performers' background.
Performing the National Anthem will provide an excellent opportunity to showcase our local singers
and musicians.
Respectfully Submitted:
AK/das
S:\Council\Council 2003\R-2003-02 National Anthern.wpd
Karen Akalu, Chairperson
Arts & Culture Commission
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Community Services Department
~A,, Parks, Recreation & Culture
The
City
of
Niagara
Falls
P.O. Box 1023
Niagara Falls, L2E 6X5
Cana d~.~JJ~" ON
~ I _ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-maih akon@city.niagarafalls.on.ca
R-2003-03
Adele Ken
Director
January 13, 2003
His WorshiP Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
R-2003-03
Addition to Contract for F. H. Leslie Wading/Spray Pool
RECOMMENDATION:
To approve an addition (see attached) to Contract # P-45-02 with Touchstone Site Contractors Inc.
to install a recirculating pump and chlorination system, to the F.H. Leslie Wading / Spray Pool, at
a cost of $15,900 plus applicable taxes.
BACKGROUND:
Staffis recommending that a recirculating pump and chlorination system be installed at F.H. Leslie
Wading/Spray Pool for purposes of water conservation and ultimately as a cost saving measure. We
are currently expending approximately $7,000.00 for water and sewer charges for the wading pool
seasonally, which operates on a fresh water feed system. With the addition of the new spray features
it is estimated that water consumption will increase significantly. Based on the 2002 water rates it
is estimated that the cost for water and sewer charges will be $10,000.00 per season. By installing
a recirculating pump and chlorination system, the cost for water and sewer usage is estimated to be
$4,000.00 per season (a savings of approximately $6,000.00 per year).
Within three to five years the cost of the recirculating pump and chlorination system would be
recouped due to savings in water usage and sewer charges. There is also the added sanitary benefit
in having the chlorination system for the children's wading / spray pool.
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Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
January 13, 2003 - 2 - R-2003-05
Funds for this project are available within the Capital Reserve Account.
Rec~d ed_.by:
Director of Parks, Recreation & Culture
Respectfully submitted:
~~O~ief Administrative Officer
JC/das
Attachment
&\Council\Council 2003\R-2003-03 - Addition to Contract for F. H. Leslie Wading Spray Pool.wpd
TDUCHSTON~SITE CONT
~ UUl
PAGE: 01
TOUdN_.RTOIkI[ ..RITE dOIklTRAdTOR_R ,,e.
~,~e~ o,~ F A C $1 M I L E
Q U O T A T I O"N (Price break-down)
--~ ~...,. r, _~., .... '-' ';' -'~:~':'; ...... ~' ............ 1 ".,',,. ...
From: Syl Vaillancourt September 25, 2002
II ~11 J:
~ ............................. · ...........................40.. -I-..,W. U,. t .......................... . ....
~ Re' Re-circulating pumps for the spray / - ,~.,.. F.H. Leslie Park
~ ' pad .oca....... Niagara Falls !
~rw~l # N/A By.' Art Weaver
We will be pleased to supply and install the following:
PuMPs AND FILTERS - $15,9'00.01) LUMP SuM
Pdce is based on the following:
· Supply a 2 hp commerdal pump: $1,0o0,0o
· Supply
· Supply
- Supply
· Supply
· Supply
· Supply
· Supply
·
a 3 hp commercial pump: $' 1,300,00
a 31 inch commercial high flow filtre: $1,300.00
a 36 inch commercial high flow filtre: $1,800.00
an automatic chlorinator 960 series: $150.00
3 main dPain grates: $ 318.00
2 automatic suction breakers: $ 2400.00
+- 200' of 2" PVC pipes at $3.00 per foot: $ 600.00
Supply .. 60', of ~ copper pipes and a ball valve: +- $100.00
Add'PST to above prices and $ 5000,00 for installation.
Water supply by city.
Hydro' heok~up by the c'~y_
Boring under pool by city.
Note', GST e~tra
Thank you for giving us the oppdrtunity to provide you with this quotation.
· ;30 Oakw~ad Ave,, St. Catharines, ON L2P tL3
Tel.: g05.686-3~64 Fax: 9D5-685-9975 To~l Free: 888-66~-9985
E-mall: admln @ tauchstone.vu INTERNET: www_touchstone.vu
Fire Services - Fire Prevention Office
5809 Morrison Street
Niagara Falls, ON L2E 2E8
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-1321 ext. 207
Fax: (905) 356-1583
Patrick R. Burke
Fire Chief
FS-2003-01
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: FS-2003-01 Municipal By-Law 80-114
Designation of Required Fire Access Routes
Inclusion of Promenade Condominiums, 3300 Montrose Road
Owner: Kurt Klein
RECOMMENDATION:
That Council approve the request of Kurt Klein, on behalf of Klein Bld. Corp. Ltd., to designate the private
roadways as a Fire Route.
BACKGROUND:
Fire Access Routes are required by the Ontario Building Code. In many instances, the developer must
provide private roadways, to satisfy the requirements of the Building Code. Private roadways were
required, at the subject property, to satisfy Fire Access Route standards.
The Fire Department, at the time of Condominium Draft Plan Review, requested the inclusion of the Fire
Access Routes in Municipal By-Law 80-114, "Designation of Private Roadways as Fire Routes". The
maintenance and signage of Fire Access Routes fall under the scope of the Ontario Fire Code. The Ontario
Fire Code states that the "owner" is responsible for carrying out the provisions of the Fire Code. In the case
of cars obstructing a required Fire Access Route, the building "owner" would be charged for failing to
comply with the requirements of the Fire Code. This system is not fair to the "owner". A more sensible
and equitable method would be to place the onus on the owner of the vehicle. The Fire Code permits the
establishment of a By-law for this purpose.
Working smoke alarms save lives. Check your smoke alarm.
Working Together to Serve Our Community
January 13,, 2003 -2- FS-2003-01
Signs for the Fire Access Route, if designated, will be purchased from the Fire Prevention Office. The
signs will be installed under the supervision of the Fire Prevention Office, in accordance with the
provisions of the By-law and the Fire Code. Copies of the Site Plans, including the proposed Fire Access
Route are attached.
Prepared by:
John Laur.
Director of Fire Prevention
-'l~iSOmmended ~,la~
Patrick R. Burke
Fire Chief
Respectfully submitted by:
John MacDonald
Chief Administrative Officer
Approvedr./~,cL_~.~ ~'':~ by:~. ~'
Edward P. Lustig
Director of Fire Services
JL/
BulldOg
Company
November 11, 2002
John Laur
Director
Fire Prevention
Niagara Falls Fire Department
5809 Morrison Street
Niagara Falls, Ontario
L2E 2E8
Re: Promenade Condominiums
3300 Montrose Road
Niagara Falls, Ontario
Dear Mr. Laur:
This confirms our request to the City's Fire Department to designate through
municipal by-law the required fire access route on our property, known as the
Promenade Condominiums, situated at 3300 Montrose Road in Niagara Falls, Ontario.
Please contact our office if you require any additional information.
Sincerely,
Kurt Klein
Tel. 905-354-3412 / 354-0552 · Fax 905-354-9312
6279 Huggins Street, Niagara Falls, Ontario L2J 1H2
August 12, 2002 - 3 -
APPENDIX
PD-2002-80
Conditions of Draft Plan of Condominium Approval
Approval applies to The Promenade Draft Plan of Condominium prepared by The Larocque
Group, dated May 30, 2002, showing 10 townhouse units.
The developer enter into a registered Condominium Subdivision Agreement with the City
to satisfy all requirements, financial and otherwise, related to the development of the land.
3. The developer submit a Solicitor's Certificate of Ownership for the property to the City
Solicitor prior to the preparation of the Condominium Subdivision Agreement.
] 4. The developer submit a request to Fire Services to designate through municipal by-law th
M.F.d / required fire access route on the property.
5. The developer provide information to Planning & Development to confirm compliance with
the provisions of the 'Zoning By-law and Site Plan Agreement.
The developer construct a 1.5 metre wide sidewalk within the east boulevard of Montrose
Road across the frontage of the development (current estimated cost $3,300.00).
The developer pay for the upgrading ofstreetlighting (streetlight ann, light fixture, and photo
cell) to be mounted on the existing hydro pole on Montrose Road south of the entranceway
(current estimated cost $400.00).
The developer provide six copies of the pre-registration plan to Planning & Development and
a letter identifying how all the conditions imposed have been or are to be fulfilled.
The following warning clause be included in the Condominium Subdivision Agreement and
included in all offers of purchase and sale:
"Purchasers are advised of the proximity of the QEW highway, and despite the inclusion of
noise control measures within the individual units, noise levels may become a concern,
occasionally interfering with some activities of occupants.''
Clearance of Conditions
Prior to granting approval to the final plan, Planning & Development requires written notice from
applicable City Divisions and the following agency indicating that their respective conditions have
been satisfied:
Regional Niagara Planning and Development for Condition 9
SHRINERS CREEK
KEY pLAN NT$
The
Promenade
Townhome
Development
RESIDENTIAL R4 ZONE ,. ~
The City of
Niagara Fallst
Canada
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.:
Fax:
E-mail:
(905)356-7521
(905)371-2892
rkailio@city.niagarafalls.on.ca
L-2003-01
R. O. Kallio
City Solicitor
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
L-2003-01
Establishment of Public Highway
Part 7 on Reference Plan 59R-11808
As Part of Beechwood Road
Our File No.: 2002-181
RECOMMENDATION:
That a road widening, being Part 7 on Reference Plan 59R-11808 attached as Appendix "A", be
established as a public highway, to be known as Beechwood Road.
BACKGROUND:
In 2001 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 dedicate Part 7
on Reference Plan 59R-11808 as part of Beechwood Road. Staff recommends the subject road
w .. e established as a public highway to form part of Beechwood Road.
~~id~pre~lS,'a~ed by:/, . /'~'~Appr°ved//~~/~bY:
T. Rftvenda --
Law Clerk fllt Executive Director of Corporate Services
Re~~y:///~ Respec;~
Ray Kallio ~acDonald
City Solicitor ~,/ Chief Administrative Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems . Legal · Planning & Development
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The City of
Niagara Falls
Canada
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.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls .on .ca
L-2003-02
R. O. Kallio
City Solicitor
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-02
Release of Agreements
HOCO Ltd. - Clifton Itill
Our File No.: 2002-552
RECOMMENDATION:
That the release of two Site Plan Agreements registered on title of the lands owned by HOCO and
known municipally as Clifton Hill, are authorized and that the Mayor and Clerk be authorized to
execute any documents necessary for the purpose of releasing and terminating the Agreements, at
no cost to the City.
BACKGROUND:
In 1968 the owner of multiple properties located on Clifton Hill entered into a Site Plan Agreement
to construct a motel building containing eighty-three rental units and a Site Plan Agreement to
construct a structure known as "Space Spiral" for the purpose of an amusement tower.
The Site Plan Agreements provide that the covenants contained therein bind the property only for
a period of twenty years from the date of the Agreements. With this "sunset" clause the plans are
no longer in force, and therefore, their Solicitor has requested that the Site Plan Agreements be
released.
Working Together to Serve Our Community
Clerks · F/nonce · Human Resources · Information Systems · Legal · Planning & Development
January 13, 2003 -2 - L-2003-02
Staff confirms the 1967 Site Plan Agreements are no longer required and may be terminated and
removed from the title to the property, at no cost to the City.
Prepare/d~:'
Mary Mo~//one
Law Clerk
Respectfully submitted:
~~iO~~ve~cer
Re?~ by:
Ray Kallio
City Solicitor
Approved by:
' T.~avenda
Executive Director of Corporate Services
MM/lb
The City of
Niagara Falls
Canada
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.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
L-2003~05
R. O. Kallio
City Solicitor
January 13, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-05
Release of Agreement
Downtown Professional Building Inc.
4701 St. Clair Avenue
Our File No.: 2002-576
RECOMMENDATION:
That Council authorize execution of a Consent to Amend the Register and documents necessary for
the purpose of releasing and terminating an Agreement made between the former owners Nello and
Giuliana DiGasbarro and The Corporation of the City of Niagara Falls for lands municipally known
as 4701 St. Clair Avenue.
BACKGROUND:
In 1981 the owner of the property located at 4701 St. Clair Avenue entered into an Agreement with
the City with respect to parking issues.
The property is zoned Central Business Commercial (CB) in accordance with By-law No. 79-200,
as amended. Section 19.1.73 sets out the parking requirements that now apply to this building.
These requirements, as implemented by By-law No. 81-199 have superseded and replaced the
Agreement. The Solicitors acting on behalf of Downtown Professional Building Inc. are requesting
that the Agreement be released.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
January 13, 2003 -2 - L-2003-05
The Planning Department confirms that the 1981 Agreement is no longer required and may be
terminated and removed from the title to the property, at no cost to the City.
Prepare 9'
?' /
~a wa~'Yc~er~°ne
Respectfully submitted:
/~/John MacDonald
Chief Administrative Officer
R~~dby:
Ray Kallio
City Solicitor
Approved by:
avenda
Executive Director of Corporate Services
MM/lb
The City of Niagara Falls, Ontario
No.
Moved by Alderman
Seconded by Alderman
Council Chambers
January 13, 2003
That a letter of condolence be forwarded to the family of the late Anne MacDonald,
mother of the City's Chief Administrative Officer, Mr. John MacDonald.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA
CITY CLERK
WAYNE THOMSON
MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
January 13, 2003
WHEREAS the community was saddened by the accident which saw, local teenager Ray Anderson
paralysed from the neck down; and
WHEREAS some local residents, lead by Ashley Devries, wanted to hold a skate-a-thon to raise
money for Ray; and
WHEREAS some unbooked ice time was available on December 31; and
WHEREAS the organizers requested that the fees associated be waived; and
WHEREAS there was not a Council meeting scheduled over the holiday season, a phone poll of
Council was conducted; and
WHEREAS a majority of Council approved the waiving of fees.
THEREFORE BE IT RESOLVED that Council pass this resolution formalizing their approval
of the waiver of fees.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA
CITY CLERK
WAYNE THOMSON
MAYOR
From: Bob Bolibruck
To: Dean Iorfida
Date: 1/7/03 5:05PM
Subject: Request to Waive Ice Time Fees
Dean
Further to our discussions please be advised that a request was received from Ashley DeVries on
December 16th, 2002 for Council to waive fees to host a skate-a-thon to raise money for Ray Anderson.
Unbooked ice time was found to be available at Chippawa Arena on Tuesday, December 31st, 2002 from
10:00 a.m. to 12 noon. Since there was no Council meeting scheduled before this time, a telephone poll of
Council was carried out on Tuesday, December 17th. Nine members of Council that were contacted
confirmed in the positive to waive the fees.
Ashley DeVdes raised $1,267.00 that will be provided to the family of Ray Anderson for his medical
expenses. Ashley will be providing us with a copy of the bank statement confirming the amount raised.
It is hoped that this information is sufficient for you to seek a confirming resolution from City Council.
Please contact me should you have any questions.
Thanks
Bob
CC: Adele Kon