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2003/06/161) 2) 3) 4) REPORTS: a) F-2003-34 - EIGHTH MEETING Monday, June t6, 2003 From 4:00 p.m. to 5:45 p.m. City Hall, Committee Room #2A & B Approval of the 2003 4 28 Community Services Committee Minutes as amended. PRESENTATION: Niagara Tourism District Review - Phase 1 Report. DEPUTATION: Mr. Anthony Lisi - 6117 Fallsview Boulevard CD-2003-14 - Proposed Commercial Parking Lot - 6117 Fallsview Boulevard STAFF CONTACT: b) F-2003-35 - e) BBS-2003-06 - d) MW-2003-107- e) lVlW-2003-112- 0 MW-2003-113- g) MW-2003-114- Cameron Court 5) NEW BUSINESS Cancellation, Reduction or Refund of Taxes Under Section 442 and 443 of the Municipal Act Municipal Accounts Sign By-law Variances - Commisso's Plaza Portage Road & Niagara Square, Montrose Road Request for Proposal Development Charges Update Study Corporate Water Conservation Strategy Fallsview Tourist Core Issues Update Ken Burden Ken Burden Ed Dujlovic Ed Dujlovic Ed Dujlovic Ed Dujlovic Ed Dujlovic 6) ADJOURNMENT MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING, Monday, April 28, 2003, City Hall, Room 2 at 4:30 p.m. PRESENT: Chairman Alderman Victor Pietrangelo, Mayor Wayne Thomson, Alderman Paisley Janvary-Pool, Alderman Shirley Fisher, Alderman Janice Wing, Alderman Norm Puttick, Alderman Wayne Campbell, Alderman Kim Craitor, Alderman Carolynn Ioannoni, Alderman Selina Volpatti, Alderman Art Federow, Alderman Judy Orr, Alderman Ken Feren. STAFF: John MacDonald, Pat Burke, Dean Iorfida, Ken Burden, Ray Kallio, Ed Dujlovic, Sue Forcier, Adele Kon, Steve Hamilton, Angela Duerksen. ABSENT: Tony Ravenda PRESS: Corey Larocque, Niagara Falls Review GUESTS: David Schram of David Schram & Associates, Mike Watt oflMS, Janie Palmer 4667 Portage Road, Mike Bauer 8804 Hampton Court, Margaret & Wayne Rudy 7872 Chamwood Avenue, Annette Niemi 7937 Regent Court, Francine Coach 7876 Chamwood Avenue, John Mytroen 7692 Chamwood Avenue, Roy Little 7860 Charnwood Avenue, B Ouellet 7845 Chamwood Avenue, Ed Michalczyk 8842 Roosevelt Avenue, Vesna Pew 7712 Chamwood Avenue, Julie Zulik 7818 Chamwood Avenue, Bob Pysler 4211 Briarwood Avenue, Sharon Curtis 7844 Chamwood Avenue, Michael Curtis 7844 Chamwood Avenue, Tim Topping 6380 Maitland Street, Bill Chase 4608 Queensway Gardens 1) MINUTES ORDERED ON THE MOTION OF ALDERMAN FISHER and seconded by Alderman Craitor that the minutes of the April 7, 2003 meeting be approved. Motion: Action: Carded Recommendation submitted to Council 2003-04-28 2) REPORTS a) MW-2003-80 - Kister Road - Heavy Vehicle Restriction ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Feren that: 1) the existing heavy vehicle restriction on Kister Road be extended southerly to Progress Street; and, Community Services Committee 2 April 28, 2003 2) "No Exit" signs be installed on both sides of Progress Street, west of Kister Road. Motion: Action: Carded Recommendation submitted to Council 2003-04-28 MW-2003-86 - Temporary School Crossing at North Leg of Portage Road at Morrison Street ORDERED ON THE MOTION OF ALDERMAN CRAITOR, seconded by Alderman Volpatti that two Crossing Guards be provided at the east and west intersections of Portage Road and Morrison Street Motion: Action: Carded Recommendation submitted to Council 2003-04-28 c) R-2003-23 - Patrick Cummings Memorial Sports Complex Tree Removal - TR03-2003 Mr. Ed Michalczyk of 8842 Roosevelt Avenue advised the Committee that speaking for himself and other residents of the community of Chippawa they have great concerns with the layout of the "Future Weinbrenner Road." It will be opened as a straight thoroughfare fi.om Willoughby Drive to Sodom Road. If Weinbrenner Road is allowed to open as a straight road, it will become nothing more than a race track. It is at this stage that the City should work with the developer to come up with some traffic calming designs and strategies before there is a fatality. Mr. Michalczyk would also like to be notified of any future meetings or discussions regarding the park or Weinbrenner Road. Alderman Volpatti advised Committee that Environmental Planning & Greening Committee would like to see a reforestation policy put into effect, where ifa tree is removed, one is planted in its place. This would go for all future development. Through the Chair to Adele Kon, "would this report be ready for the Public Information Meeting." Adele advised that staff is working on the reforestation report, but does not believe it will be ready for the Public Information Meeting. Several Aldermen were concerned that Weinbrenner Road would fast become a speed way and therefore it was moved that a Public Information Meeting be held before proceeding with the tender. ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Fisher that the report be deferred pending a Public Meeting. Motion: Carded Action: Recommendation submitted to Council 2003-04-28 Corrmatmity Services Committee 3 April 28, 2003 d) R-2003-25 - National Amateur Baseball Federation (NABF) ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Campbell that Mr. Maksinuk of National Amateur Baseball Federation be advised that the ball diamond improvements will not proceed. Motion: Action: Carded Recommendation submitted to Council 2002-04-28 ORDERED ON THE MOTION OF ALDERMAN VOLPATTI, seconded by Alderman Feren that the motion be deferred to Committee-of-the-Whole. Motion: Opposed: Defeated Mayor Thomson, Alderman Craitor, Alderman Campbell and Alderman Pietrangelo e) R-2003-28 - Policy on Advertising in City Recreation Facilities ORDERED ON THE MOTION OF ALDERMAN VOLPATTI, seconded by Alderman Fisher that Committee approve the attached policy regarding advertising in City Recreation Facilities. Motion: Action: Carded Recommendation submitted to Council 2003-04-28 R-2003-30 - Rehabilitation/Enhancement of City-Owned Property Lot//163 (Former City Dump Site on Montrose Road) ORDERED ON THE MOTION OF ALDERMAN PIETRANGELO, seconded by Alderman Volpatti, that the recommendations put forth by the residents to the north and west of the former City dump be approved: 1. That the site enhancement/rehabilitation work will continue and that staffwill meet with the community to discuss some other modifications; 2. That the former landfill site be designated as parkland and that the end use of the south side be decided by Council at a future date; 3. That the placement of materials taken fi.om the Community Centre site be deposited on the former dump site and does not extend beyond the edge of the existing slope and that staff will make an effort to do so; 4. That staff agrees in principle, that the trees and vegetation remaining outside the old landfill be left untouched and that no fill is added to this area, thus preserving and enhancing the natural regenerative qualities already established.; Cmmnanity Services Committee 4 April 28, 2003 5. That a park committee consisting of local residents be formed to work in conjunction with the City to maintain and manage the parkland; 6. That if the south area is to be developed in the future that the fill is deposited on the old landfill site; 7. That fill is entered onto the site on a north to south pattern; 8. That if the City nms out of fill, they (the City) would not touch the slope directly behind the residents on Chamwood. Motion: Action: Carried Recommendation submitted to Council 2003-04-28 CD-2003-11 - Process for Revisions to the Municipal Event Calendar and Allocation of Bingo Events ORDERED ON THE MOTION OF ALDERMAN FISHER, seconded by Alderman Feren that: the attached draft report be tabled until the next Council meeting to he held May 12, 2003 That staff arranges a meeting with the affected organizations to discuss the draft report and the proposal as outlined in the report. Motion: Action: Carded Recommendation submitted to Council 2003-04-28 h) F-2003-17 - Development Charges 2002 Financial Information ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Feren that City Council receive and file the attached financial statements regarding Development Charges for the 2002 fiscal year. Motion: Action: Carried Recommendation submitted to Council 2003-04-28 i) F-2003-18 - 2002 Reserves and Reserve Funds ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Feren that the Community Services Committee review and approve the 2002 transfers to reserves and reserve funds. Motion: Carried Action: Recommendation submitted to Council 2003-04-28 Coramunity Services Committee 5 April 28, 2003 j) F-2003-19 - 2002 Capital Accounts ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Feren that this report be received for the information of Community Services Committee. Motion: Carried Action: Recommendation submitted to Council 2003-04-28 k) F-2003-21 - Municipal Accounts ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Feren that the Community Services Committee approve the municipal accounts totaling $2,523,154.32 for the period ending April 28, 2003. Motion: Carried Action: Recommendation submitted to Council 2003-04-28 l) F-2003-22 - Major Receivables Quarterly Report ORDERED ON THE MOTION OF MAYOR THOMSON, seconded by Alderman Feren that this report be received for the information of Committee. Motion: Carded Action: Recommendation submitted to Council 2003-04-28 3) NEW BUSINESS 4) ADJOURNMENT: MEETING WAS ADJOURNED at 6:50 p.m. Corporate Sewices Department Niogoro Foils l] l Clerk's DMsion 4310 ~ueen ~b'e~ ~.~. Box ~023 Niagara Falls, ON ~E 6X5 ~b sffe: ~.ci~.n~gam~lls.on.~ Tel.: (~5) 3~7521 Fax: (~5) 3~74~ E~ail: dio~da~.ni~am~lls.on.~ CD-2003-14 Dean Iorflda eib/Clerk J~e16,2~3 Ald.,man Victor Pictrangelo and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re-' CD-2003-14 Proposed Commercial Parking Lot 6117 Fallsview Boulevard RECOMMENDATION: That Committee~o~grant relief from the requirements of the City's Business Licensing By-law ~f4~l[ll~~ FOR A THREE (3) YEAR TERM. BACKGROUND: In early spring, Mr. Luciano Lisi, partner and brother of tonight's deputation, approached City Hall staffabout opening a commercial parking lot on Lot 24 Plan 10 and Part of Lots 25, 26, 27 and 33 of Plen 10. More conventionally stated, thc proposed parking lot would exist on 6117 Fallsview Boulevard and thc rear portions of 6141 Fallsview Boulevard, 5486, 5478, and 5474 Robinson Street. Mr. Lisi and his brother own all of the subject prol~xti~s. All of the properties, save for 6117 Fallsview Boulevard, have homes on th~m that are m'nted out by the Lisi's to tenants. Because of the unique nature of thc proposal and thc fact that the proposed commercial parking lot ~raversed over five municipal addresses, a number of meetings and discussions took place on thc matter. Traffic & Parking, Planning, Legal, Clerks and By-law Services staffwere all involved at one time or anothcr. Staff provided thc following comments on thc proposal (complete staff comments are attached as appendices to this report): WorMng Together to Serve Our Community Clerks · Finance · Human Resources * InformatienSystems * Legal * Planning&Development - 2 - CD-2003-14 Planning/Zoning The subject property as presented is zoned Tourist Commercial (TC) in accordance to By-law 79-200 as amended. The TC zone permits a number of uses inclusive of a "parking lot". Section 2.38 of BL 79-200, defines 'parking lot' to mean any open area used for the temporary parking or storage of five or more motor vehicles other than a 'parking area' required under the provisions of section 4.19..1 (required parking spaces) of the Zoning By-law. Legal Services The owner may continue the use of the buildings on the subject lots for residential purposes (in accordance with their legal, non-conforming status) and use the balance of the lands for Tourist Commercial uses. That being said, the proposal is contrary to a literal interpretation of section 7(2), Schedule 11 of Licensing By-law 2001-031. Specifically, the application would not comply with the following section: save as may be otherwise lawfully authorized by a licence to use part of a property, all parking spaces and outside areas accessible to vehicles, except exits and entrances, shall be provided with curbing, placed at least three metres from adjacent properties, so designed, constructed, located and otherwise suitable as to prevent any part of a motor vehicle from projecting over any part of a street, public lane or other public place, or within eight centimetres of the boundary of any other adjoining land. The curbing must meet, or exceed Ontario Provincial Standards (O.P.S.) specifications, or be deemed suitable by the Director of Municipal Works; What the above means is that each of the subject lots must be treated as separate parcels from the others and the requisite distance separations and curbing requirements would have to be maintained. The separate lots cannot be considered as one parcel for purposes of a commercial parking lot licence. Mr. Lisi has the option of "de-registering" the plan of subdivision with respect to the four lots in question, thereby creating one parcel of land. Should he elect to do so, however, he would run into difficulty with the provision in the Zoning By-law which provides that you shall have only one dwelling per lot. There are currently dwellings on four of the subject lots. It is debatable whether Mr. Lisi would want to remove three dwellings to comply with the Zoning by-law. Traffic & Parking Services The Commercial Parking Lot By-law was developed to ensure that properly zoned, aesthetically pleasing parking facilities would be established, as well as to ensure that the patron, owner and the City would be protected. If Council permits this parking lot to go ahead, the applicant would have to re-submit a formal set of plans to the Traffic and Parking Services Section for review, which would involve comments from several Departments. The previous set of plans were not acceptable and deficient in certain areas. - 3 - CD-2003-t4 Clerks The obvious intent of Schedule 11, Section 7(2) was to ensure curbing and separation distances were present between adjacent properties. It may seem that the proposal is being refused on a technicality or too strict of a reading of the Licensing By-law. Nevertheless, staff does not have the authority to ignore or vary a condition or requirement of the By-law, therefore, Mr. Lisi's application was refused before other aspects of it were considered. The Licensing By-law allows an applicant refused a business licence to approach Council, who, in turn, can decide to grant the licence, refuse to grant a licence or grant the licence with conditions. There are currently seven, private commercial parking lots licensed under the By-law. Most of these lots are found in the Victoria and Centre street areas. It is estimated that there are approximately twenty illegal operations in the City. Other Considerations People Mover System Parking Strategy Study Context Attached to this report are the comments from Gregg Loane, the Project Manager for the IBI Group, the consultants hired to study the People Mover System Parking Strategy. Mr. Loane anticipates that a recommendation will be coming to Council very soon asking that the Zoning By-law be amended to prohibit the development of new private commercial parking lots in the Tourist Commercial Zone. The reason for such a prohibition would be to reduce the private sector parking supply, which in tum would: support ridership for the People Mover System by making it an attractive alternative for accessing the Fallsview area; support Niagara Parks Commission objectives to avoid new parking supplies within east foot access of the Queen Victoria Park; support People Mover objectives to reduce circulating traffic and not contribute to existing or anticipated traffic congestion points; and avoid introducing competition for the People Mover parking lots along the People Mover alignment. Mr. Loane points out that the proposed parking lot would be a short distance from a proposed People Mover Station. The existence of private commercial parking lots in the area would draw parking revenue away from the People Mover and Table Rock parking lots and result in additional vehicle trips in the Fallsview area. - 4 - CD-2003-14 CONCLUSION: Although Mr. Lisi's proposed parking lot, which looks to accommodate between forty and fifty spots, may seem insignificant in the context of the City's overall parking supply in the tourism area, the more private parking lots approved by Council the greater the potential for drawing parking revenue from the People Mover System and the less attractive the System may become to potential investors. An alternative, to staff's recommendation, would be to defer granting relief to Mr. Lisi until the People Mover System Parking Strategy has been brought forward by the IBI Group for Council's consideration and debate. Council should consider whether it wants a parking lot set behind four rental properties, regardless that the applicant has had his tenants "sign off" on any concems with the proposal. Also, does Council want assemblies of many, separate parcels being put together for the purpose of private parking lots? Finally, it should be stressed that the Lisi application has not been completely reviewed by staff. Because of the non-compliance with Schedule 11, Section 7(2), a full review of the plans did not take place; therefore, Council would be approving relief from a requirement of the by-law and the applicant's plan would still have to be reviewed in light of other requirements of the Commercial Parking Lot Schedule. Recommended by: D eanI City Clerk Respectfully submitted: John MacDonald Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services June ~. 2003 His Worship Mayor Wayne Thompson And Members of the Municipal Council City of Niagara falls, Ontario Members: Re: Business Licence for Commercial Parking Lot 6117 Fallsview Blvd. Our application to operate a commercial a parking lot was refused (see attachment) because it did not comply with Schedule 11, Section 7 (2) of the Licencing By-Law (2001-31): save as may be otherwise lawfully authorised by a licence to use part of a property, all parking spaces and outside area accessible to vehicles, except exits and entrances, shall be provided with curbing, placed at least three metres from adjacent properties, so designed, constructed, located and otherwise suitable as to prevent any part ora motor vehicle from projecting over any part of the street, public lane or public place, or within eight centimetres of the bounda~_ o_f any other adjoining land. The curbing must meet, or exceed Ontario Provincial Standards (O.P.S.) specifications, or be deemed suitable by the Director of Municipal Works: However, the City Clerk, Mr. Dean Iorfida stated that our application was of a unique nature and that having this matter heard before council may be our best recourse. PROPOSAL: - 1536229 Ontario Inc, requests an amendment from Licensing By-Law 2001-031 for the lands known as 6117 Falls View Boulevard and the rear portions of 6141 Falls View Boulevard and 5486, 5478, 5474 Robinson Street. Schedule 11, Section 7 (2) of the Licensing By Law (2001 - 31) treats each lot as a separate parcel from the others and the requisite distance separations would have to be maintained.. Relief is requested to permit the rear portions and 6117 Falls View Boulevard to function as one for commercial parking purposes. Refer to: Schedule 1- for property location. Schedule 2- for the details of the purposed parking lot. Sehed hie 3- for photographs; Southwest view and West rear yard view. Schedule 4- for photographs; 6141 Fallsview Blvd and rear yard view The properties are all owned by the applicant and are zoned Tourist commercial, a commercial parking lot is a permitted use. The tenants that presently occupy the houses have no objection to the use of their rear lands for the purpose of operating commercial parking lot. Schedule 5. To allow us to proceed with our proposal we are asking that council grant the amendment to Schedule 11, Section 7 (2) Licensing By-Law (2001-21 ) and allow the the separate parcels to be treated as one parcel for purposes of a "commercial parking lot licence" mitted, Anthony Lisi Vice President 1536229 Ontario Inc S E SCHEDULE i LEF ........ ~ -- ~,~'L~L~'V ( ~. W (SOULEVAnD W S >N E SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 June 2, _00~ His Worship Mayor Wayne Thompson And Members of the Municipal Council City of Niagara falls, Ontario Members: Re: Business Licence for Commercial Parking Lot 6117 Fallsview Blvd. We, being the tenants of the affected properties, have been informed of The Commercial Parking Lot Application and have no objection to the use of our rear lands for the purpose of operating a commercial parking lot. - 6141 Fallsview Blvd. Andrew and Sandm Orisdale - 5474 Robinson St. (Upper) Mark Poulin - 5474 Robinson St. (Lower) Justin Du ish ~ - 5478 Robinson St. Allen Hill SCHEDULE 5 The Cily of Niaga[a Falls Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafaJls.on.ca Tel: (905) 356-7521 Fax: (905) 356~9083 E-mail: diorfida@city.niagarafalls.on.ca May 21, 2003 Dean Iorfida City Clerk Mr. Luciano Lisi 6470 Sheldon Street Niagara Falls ON L2E 5X2 Dear Mr. Lisi: Re: Notice of Refusal Business Licence for Commercial Parking Lot Unfortunately, the City's Licensing By-law (2001~031) requires me to issue a formal Notice of Refusal for your application to operate a commercial parking lot on Lot 24 Plan 10 and Part of Lots 25,26,27 and 33 of Plan 10. As outlined in a letter you already received from Mr. Bill Clark, our Senior Zoning Administrator,(see attached) "each of the subject lots must be treated as separate parcels from the others and the requisite distance separations would have to be maintained." More specifically, 5'our application is being refused because it would not comply with Schedule 11, Section 7(2) of the Licensing By-law: save as may be otherwise lawfully authorized by a licence to use part of a property., all parking spaces and outside areas accessible to vehicles, except exits and entrances, shall be provided with curbing, placed at least three metres from adjacent properties, so designed, constructed, located and otherwise suitable as to prevent any part of a motor vehicle from projecting over any part of a street, public lane or other public place, or within eight centimetres of the boundary of any other adjoining land. The curbing must meet, or exceed Ontario Provincial Standards (O.P.S.) specifications, or be deemed suitable by the Director of Municipal Works; I understand that if you "de-register" the properties and merge them in title you may be able to comply with the section indicated above, however, it may prove problematic for the existing houses on three of the lots. Despite the Notice of Refusal, Section 18(b) of the Licensing By-law allows for you to have the matter heard before Council. Considering the unique nature of your application, this may be your best recourse as staff feels that your application is unsupportable for a variety of reasons that have been related to you. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development - 2- May 21, 2003 If you are interested in having this matter heard before Council, please send me a written response as soon as practical. If you do not wish to pursue the above-noted option, then please contact Lydia Picca at 905-356-752l, Ext. 4283 regarding a refund. If you have any questions, please feel free to contact me directly. Sincerely, Dean Iorfida City Clerk Ext. 4271 c. Paul Pingue, Senior Assistant City Solicitor Karl Dren, Manager of Parking & Traffic Services Bob Judge, Manager of By-law Services Bill Clark, Senior Zoning Administrator Lydia Picca, Vital Statistics Licensing Clerk The City of Niagara Falls V~ ~jjjJ,.' C an~~J~j~ Corporate Sen/ices Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca April 17, 2003 Doug Darbyson Director Mr. Luciano Lisi 6470 Sheldon Street Niagara Falls, ON L2E 5X2 Dear Mr. Lisi: Re: Proposed Commercial Parking Lot, Surface Southwest Corner of Falisview Boulevard On behalf of the City please be advised of the following comments regarding your commercial parking lot business licence application. I do apologize for the time that it has taken to provide you with these comments. The City's Legal Services advises that By-law 2001-3 l, Schedule 11 necessitates that each of the subject lots must be treated as separate parcels from the others and the requisite distance separations would have to be maintained. These separate lots cam-tot be considered as one parcel for purposes of a "cmmnercial parking lot licence". Having regard for the above leaves me with no alternative than to advise you that your licence application cannot be processed further in its present fornl. If you have any questions or if you wish to discuss the situation further I would suggest that you contact Mr. Karl Dren, Manager of Parking & Traffic Services at extension 4509. A copy of By-law 2001-31, Schedule 11 is enclosed. WC:gd Yours truly, Senior Zoning Administrator Ext. 4233 Paul Pingue, Assistant City Solicitor Dean Iorfida, City Clerk Karl Dren, Manager of Parking & Traffic Services Bob Judge, Manager of By-law Enforcement Andrew Bryce, Plmmer 2 S:kZONINGLBuslness Liccnccs\Lisi-SW Comer. Fallsview Bird l¢/orking Together to Serve Our CommltltiO' Clerk's Finance · Human Resources lnformahon Systems Legal Planning & Development ~6~2-~3 15:30 IBI GROUP TORONTO ID=416596~544 P.~2 June 12, 2003 John MacDonald Chief Administrative Officer City of Niagara Falls City Hall, 4310 Queen Street Niagara Fells, ON L2E 6X5 Dear Mr. MacDonald: Comments on Commercial Parkin ~1 Lot Application at 6117 Fallsview Bird Further to your fax transmittal of June 12, 2003. ~ e have reviewed the June 9, 2003 correspondence Mr. Anthony Lisi, Vice President of 1536229 Onta 'lo Inc. and provide the following comments. Undemtanding of the Proposal The applicant wishes to use a number of adjace ~t parcels of land to create a single commercial parking lot- These parcels include: The backyards for three properties along th e south side of Robinson Street (Nos, 5486. 5478, and 5474), west of Falls View Avenue; The lot at 6117 Falls View Boulevard; and The backyard for 6141 Fails View Boulevar :L In the application response from Dean Iorfida d;Red May 21, 2003 the City indicated that the minimum requirements under the Licensing By-law could n ~t be met since the proposed lot would actually be made up of several properties, and that a possible recourse for the applicant would be to 'merge' these properties and reapply. This correspondence did lot mention any potential People Mover impacts. People Mover System Parking Strategy Study Context The 10-year Demand Forecast report (December 2002) prepared for the People Mover System Parking Strategy Study ('the Parking Strategy Study') a3ticipates a parking shortfall within the Primary Tourist Area. It is the intent of the City to address this st~ortfall through the provision of the People Mover system. The People Mover system will carry patrons from proposed parking supplies at the north and south end of the Pdmary Tourist Area, and deliver them irte areas of anticipated parking shortfall, such as the Fallsview area. Accordingly, the proposed direction is to limit the development of new private parking supplies provided in the Fallsview and Clifton Hill areas. Our Parking Strategy Study recommendations seek to amend Zoning By-Law 79-200 to prohibit the development of new private commercial par.:ing (surface and parking structures) in the Tourist Commercial Zone. This includes situations who 'e: Ca) a landowner wishes to create temporary parking 5thFloor, 230Ri~hmondStrcctWcst, Toronto, ON, MSV IV6, Canada (416) 596-1930, FAX (416) 596~0644 15:51 IBI GROUP TOROHTO ID=416595~644 P.~B John MacDonald Chief Administrative O[ficer - 2 - June 12, 2003 facilities on newly vacated / cleared land, and (t,) developers or small landholders who wish to create parking to satisfy parking demand for nearby attractions (e.g. casinos er The Falls). Note that the Zoning By-law currently already does not allow for comm~ rcial parking slmctures in lhe Tourist Commercial Zone. Reducing the private-sector parking supply would: Support ridership for the People Mover Eystem by making it an attractive alternative for accessing the Fallsview area; Support Niagara parks Commission objecti/es to avoid new parking supplies Within east foot access of the Queen Victoria Park; Support People Mover objectives to reduc~ circulating traffic and not con~bute to existing or anticipated traffic congestion points; and · Avoid introducing competition for the People Mover parking lots along the People Mover alignment. Over time, it will be increasingly important to ensLre that the build-up of localized private parking surpluses is avoided along the entire length of the People l~tover alignments, particularly in the immediate vicinity of proposed People Mover stations. Analysis The proposed application is a short distance awe y from the proposed station site at Fells View Boulevard and Murray Hill Road. Introducing new private commercial parking supplies here would draw parking revenue away from the People Mover and Table: Rock parking lots and result in additional vehicle trips within the Failer[ow area. This would not suit the objectives of either the People Mover system or the Niagara Parks Commission. Status of the Project As you are aware, the recommendations of the F'arking Strategy Study are currently being vetted through a privat~stakeholder consultation process. Once complete, our revised strategies will go forward as recommendations for Council approval. At this tinle, my understanding is that this will occur in August. Recommendab'on While we have not yet completed the private stakeholder consultation process, I can say with a very high degree of confidence that the recommendati3n to amend Zoning By-Law 79-200 to prohibit the development of new private commercial parkin(, in the Tourist Commercial Zone will remain part of the strategy. It [s, in fact, a cornerstone of our sbat(~y as it speaks directly to the revenue stream, and thus the viability, of the People Mover system. For tt'is reason, I would strongly advise against approving this application. If the City has any concern about the fact that the Parking Strategy Study has not been approved through Council, then I would sugges: that a decision regarding this application be postponed until after Council has considered the Parking Sti ategy recommendations. ~6~12-~ 15:Gl IBI GROUP TORONTO ID=416596B§44 P.B4 Should you have any questions regarding this correspondence, please contact me at 416-596-1930. Yours truly IBI GROUP Project Manager ~rfida - R~.. ~['C~'mm~rciaI Parking Lot- 6117 Fallsview Boulevard From: To; Date: Subject: Dean, Paul Pingue Dean Iorfida; Karl Dren; William Clark 6/12/03 1:22PM Re: Lisi Commercial Parking Lot-6117 Fallsview Boulevard Attached please find a copy of a Memorandum I had prepared some time ago when this proposal was first brought to my attention. The majority of the Memo deals with the issue of legal, non-conforming status. The final paragraphs, however, deal with the issue of subsection 7(2) of Schedule 11, which provides: 7. Every commercial parking lot shall be so designed, constructed and equipped so as to be suitable in all respects for the purposes for which it is used or intended to be used, and, without restricting the generality of the foregoing: (2) save as may be otherwise lawfully authorized by a licence to use part of a property, all parking spaces and outside areas accessible to vehicles, except exits and entrances, shall be provided with curbing, placed at least three metres from adjacent properties, so designed, constructed and located and otherwise suitable as to prevent any part of a motor vehicle from projecting over any part of a street, public lane or other public place, or within eight centlmetres of the bounda~ of any other adjoining land." As I had indicated to you previously, the interpretation provided to Mr. Lisi was a literal interpretation of the by-law, and is neither strict nor lenient. As you had noted in your e-mail, Mr. Lisi has the option of "de-registering" the plan of subdivision with respect to the four lots in question, thereby creating one parcel of land. Should he elect to do so, however, he would run into difficulty with the provision in the Zoning By-law which provides that you shall have only one dwelling per lot. As you are aware, there are currently three dwellings on the four subject lots. Mr. Lisi would certainly be entitled to remove any or all of the dwellings to achieve compliance with the Zoning By-law requirement. I do not know if this is a plausible option from Mr. Lisi's perspective, but l suspect not. Please advise if you require anything further in this regard. Paul Pingue. Corporate Services Legal Department Inter-Department Memorandum The Cily of N~agara Falls Can~~J~ TO: Ken Mech Manager of Current Planning AND TO: Bill Clark Senior Zoning Administrator FROM: Paul Pingue Assistant City Solicitor Ext. 4242 RE: Legal Non-Conforming Use Fallsview Boulevard and Robinson Street DATE: March 7, 2003 FACTS: ISSUES: - 4 lots on a plan of subdivision (Lots 24, 25, 26, 35) - Zoning (pre 79-200): R1 - Zoning (post 79-200): Tourist Commercial (all lots) - Current use: residential (Lots 25, 26, 35), vacant (Lot 24) Can a developer use the lands on the subject lots as a commercial parking lot, while continuing to use the buildings on Lots 25, 26 and 35 for residential purposes? Do the buildings on Lots 25, 26 and 35 lose their legal, non-conforming status ifa commercial parking lot is established on the lands on which those buildings are located? Lot 24 Lot 24 is vacant. The owner is able to develop these lands in accordance with the list of permitted uses in the Tourist Commercial zone. No discussion of legal, non-conforming status is necessary. Dean Iodida - LegalNS~7~rfi~ng Else m~~:~/~'~ - '- ~ Lots 25~ 26 and 35 Planning ~lct - Legalt Non-conforming Uses The relevant Planning Act provision is subsection 34(9), which provides: 34. (9) No by-law passed under this section applies, (a) to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose; or (b) to prevent the erection or use for a purpose prohibited by the by-law of any building or structure for which a permit has been issued under section 5 of the Building Code Act, prior to the day of the passing of the by-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under section 6 of the Building Code Act. In the present case I have assumed that the land and buildings on the subject lands were used for residential purposes on the day By-law No. 79-200 was enacted, and have been continuously used as such since that time. If this assumption is correct (and I do not have any information that it is, or is not), the subject lands would be accorded legal, non-conforming status pursuant to subsection 34(9) of the Planning Act. The whole of the lands would be considered to have legal non-conforming status, not only the dwellings, or those portions of the lots covered by the respective dwellings. Because of the legal, non-conforming stares of the land and buildings, the owner(s) could continue to use all of the subject lands for residential purposes, and the Municipality could not takes steps to require the cessation of that use. Zoning regulations in effect at the time the subject lots were created would have required certain side yard, front yard and mar yard set-backs. The use of the lands on the subject lots for L~.a.n__lorffda - ----~eg~[ Non-cOnformi~ Use memo (FallSview__ __Blvd)_,...,._wpd~ ____-.... "~ alS"fi'~'~I commercial parking lot purposes in the present case will not serve to violate the rear yard set back requirements that existed under the previous Zoning By-law, because the lots will continue to exist, as registered, and the construction of a commercial parking lot in the rear yards of the respective lots will not serve to eliminate the existence of any of the rear lot lines. The rear lot line will continue to be the rear lot line of each of the respective lots, and will continue to be the same distance from the rear of the respective residences, irrespective of whether the rear yard is used as an amenity area or as a commercial parking lot. Should a commercial parking lot be installed, and later removed, the dimensions of the respective lots will remain unchanged, subject to de-registration of the plan of subdivision. The wording of subsection 34(9) of the Planning Act leaves open the possibility that different uses may be made of the land, and any buildings or structures on a given lot. The owner may, therefore, continue with the (legal, non-conforming) use of the buildings for residential purposes, and use the balance of the lands for Tourist Commercial uses in accordance with the current zoning. Conclusion Based on the foregoing, the owner may continue the use of the buildings on the subject lots for residential purposes (in accordance with their legal, non-conforming status) and use the balance of the lands for Tourist Commercial uses. Having said that, the owner would not be permitted to revert to using the lands in the rea~ yards o£ the subject lands for residential purposes shouId the commercial parking lot be removed at some point in the future. Once there is a cessation of the use of the lands (or any part thereof) for residential purposes, there is a corresponding loss of the legal, non-conforming status accorded to those lands and the current zoning provisions would prevail. Other Considerations As this is an area of site plan control, any "development" will be subject to site plan approval pursuant to section 41 of the Planning~tct. In addition, any use of the lands for Tourist Commercial purposes would have to conform to the zoning regulations for this zone, and a licence would be required for a commemial parking lot use pursuant to By-law No. 2001-31 (Schedule 11). There are regulations in the Commemial Parking Lots schedule respecting proximity to lot lines of adjacent lots, and the like. Each of the subject lots must be heated as separate from the others, and the requisite distance separations would have to be maintained. The four lots cannot be considered as "one parcel" for purposes of a commercial parking lot licence. This may pose some logistical problems for the proponent of a commemial parking lot because of the configuration of the lots. Mitigating the impacts ofa commemial parking lot on the residents of the adjacent dwellings should certainly be a consideration with this proposal, and in the issuance of any licence. Corporate Services Department F-2003-34 The City of Niagara Fa s Canada Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafails.on.ca Tel: (905) 356-7521 Fax: (905) 356-0759 E-maik afelicetti@city.niag arafalls.on.ca Ken Burden Director June 16, 2003 Alderman Victor Pietrangelo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re-' F-2003-34 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act RECOMMENDATION: That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the individuals listed. BACKGROUND: Section 357 and 358 of The Municipal Act provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by the Community Services Committee. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. The consideration of the Committee would be appreciated. Prepared by: A. Felicetti Revenue Supervisor Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: K. E. Burden Director of Finance Clerk's · Finance Respectfully submitted by: onald ,~ Ch~fA0ministrative Officer tVorMng Together to ~erve t~ur ~otnmun~ty Human Resoumes Information Systems · Legal Planning & Development Corporate Services Department . .~x, * Finance Division lhe City of jrj~ 4310 Queen Street Niogcm:] FQIIs~I~,~i~ P.O. Box 1023 Coned(3 ~'.~"~ Niagara Falls, ON L2E 6X5 J~ web site: www.city.niagararalls.on.ca TeL: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden@city.niagarafalls,on.ca F-2003-35 Kenneth E. Burden Director June 16, 2003 Alderman Victor Pietrangelo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: F-2003-35 - Municipal Accounts RECOMMENDATION: That the Community Services Committee approve the municipal accounts totalling $4,749,038.39 for the period ending June 16, 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 submitted: 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 Page : I CITY OF NIAGARA FALLS Municipal Accounts Supplier Name ~e C~0~ /j~, AP5200 Cheque No Cheque Date Purpose Amount 1198871 ONTARIO LTD 407 ETR EXPRESS TOLL ROUTE A B DICK CO LTD ADELINAS CATI~RING ADT SECURIT~ SERVICES CANADA INC AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFRED BEAM EXCAVATION LTD ALKARON METALS INC ANN, BEN~-A ANN HAB]AN, ANNEX PUB & PRINTING INC BOOK DIVISION ANNEX PUB & PRINTING INC BOOK DIVISION ARAMARK REFRESHMENT SERVICES AUTOGRAPH~X AVENUE ROOTS BAKER,WILLIAM& BAKER, SUSAN BAKOS~SMARAGDA BATEMAN, DOLORES BAYLIS & ASSOCIATES BCE EMERGIS INC BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITy BHAN,ARON BIAMONTE, RALPH BICKLE MAIN INDUSTRIAL SUPPLY BIGGARS KEY SHOP BORDEN LADNER GERVAIS BOUW,]OHN BRINKS CANADA LTD BP~r~SH CANADIAN VETERANS ASSOC BUNTIN REID BUr'fl-iN REID BURKE, PATRICK CACP ANNUAL REVIEW CANADA POST CORPORATION CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN AND UNIFORM SERVICE CANADIAN LINEN AND UNIFORM SERVICE CANADIAN MEDICAL LABORATORIES LTD CANADIAN OCCUPATIONAL HEALTH CANADIAN PACIFIC RAILWAY CO CANTEC SECURITY SERVICES CARSWELL CARSWELL CARTER CAR 8~ TRUCK RENTALS CASHWAY BUILDING CENTRES CENTENNIAL CONSTRUCTION CERIDIAN LIFEWORKS SERVICES CHARLES ]ONES INDUSTRIAL LTD CHIECA, LUCIANO CHIPPAWA VOLUNTEER FIREF]GHTERS ASSOC CHRYSLER FINANCIAL CANADA CI~C 276177 10-]un-2003 276178 10-Jun-2003 276179 10-Jun-2003 276027 04-~un-2003 276028 04-]un-2003 276029 04-1un-2003 276180 10-~un-2003 276181 10-]un-2003 276030 04-Jun-2003 276031 04~un-2003 276182 10~un-2003 276093 04-~un-2003 276033 04~un-2003 276183 10~un-2003 276184 10~un-2003 276034 04~un-2003 276035 04~un-2003 276036 04~un-2003 276037 04~un-2003 276038 04~un-2003 276039 04-]un-2003 276040 04-]un-2003 276041 04-~un-2003 276042 04-~un-2003 276186 lO-Jun-2003 276187 10-1un-2003 276188 10-]un-2003 276189 109un-2003 276043 04~un-2003 276044 04~un-2003 276045 04-~un-2003 276046 049un-2003 276191 lOgun-2003 276192 10~un-2003 276193 10~un-2003 276048 04~un-2003 276195 10~un-2003 276049 04~un-2003 276050 04~un-2003 276200 10-~un-2003 276052 04~un-2003 276196 10-]un-2003 276053 04-]un-2003 276197 10~un-2003 276198 10-1un-2003 276054 049un-2003 276199 10-~un-2003 276055 04-]un-2003 276056 04-1un-2003 276201 10-]un-2003 276057 04-]un-2003 276058 04-Jun-2003 276203 i0-]un-2003 276059 04~un-2003 276204 109un-2003 276205 10-]un-2003 276060 049un-2003 276216 276061 REFUND ADMINISTRATIVE MATERIALS MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS ADMINISTRATIVE CONTRACT SERVICES MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES REFUND REFUND ADMINISTRATIVE CONTRACT SERVICES UTILrFIES UTILITIES UTILITIES UTIUTIES UTU3T[ES Lrr[L[TIE8 REFUND REFUND MATERIALS MATERIALS CONSULTING SERVICES REMITTANCE MATERIALS REFUND SUPPLIES SUPPLIES MATERIALS MATERIALS REMITFANGE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS LEASES AND RENTS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE LEASES AND RENTS 10-3un-2003 LEASES AND RENTS 04-3un-2003 REFUND PAYMENTS-FINANCE 500.00 8.55 277.57 409.40 83.59 2,960.08 925.75 96.08 4,724.52 4,830.00 43.34 253.04 3,932.00 231.87 17.75 623.30 5,633.55 750.00 56.00 228.00 171.20 64.55 3,001.36 277.03 863.48 57.50 60.08 365.00 478.68 85.45 38.61 584.03 120.00 190.90 70.95 940.27 2,415.25 148.70 212.93 10,128.19 262.15 1,337.23 42.44 220.47 405.00 429.61 875.18 535.00 2,675.00 543.55 723.35 166.83 213,327.54 2,253.42 447.51 105.85 1,368.50 494.50 751.71 Page : 2 Cl~TY OF NZAGARA FALLS Municipal Accounts Supplier Name T~e C~ c~ ~t~, APS200 Niogoro Cheque No Cheque Date Purpose Amount CIBC CIT FINANCIAL LTD C~rY OF NIAGARA FALLS CLASS A FIRE 8~ RESCUE CLASS A FIRE & RESCUE CLAYDON,1EFF COGECO CABLE CANADA INC COGECO CABLE CANADA INC COMMERCIAL PHOTOCOPY LTD COMMISSIONAIRES COMMISSIONAIRES COMMUNITY RESOURCES CENTRE COPYMAN PRINT SHOP COPYMAN PRINT SHOP CORPORATION OF THE CITY OF WELLAND COSTELLO, BRIAN CRAITOR, KIM CRAWFORD ADJUSTERS CANADA INCORP CREATIVE IRRIGATION 5OLUTIONS INC CUPE LOCAL 133 CUPE LOCAL 133 DAILY COMMERCIAL NEWS DARRALL, BOB DELCAN CORPORATION DESIGN ELECTRONICS DICKINSON,ARCHIE DR DOMINION PAVING CO DOUGLAS,lAMIR DREW CANADA DUERKSEN,ANGELA DU]LOVIC, ED DU]LOVIC, ED EDMONDSON,]OANNE EMERALD ENBRIDGE ENBRIDGE ETHERINGTON, DAVE EVANS UTILITY SUPPLY LTD EXTRACTOL INDUSTRIES LTD FCI PRODUCTIONS FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FISHER,SHIRLEY FISHER,SHIRLEY FISHERS REGALIA FORTUSHNIOK,GREGG FOSTER, IVY FRANK COWAN COMPANY LIMITED G & K SERVICES CANADA INC GABRIELES CUSTOM CATERING GALT KNIFE CO LTD GALT KNIFE CO LTD GARDINER ROBERTS GE POLYMERSHAPES GERRIE ELECTRIC WHOLESALE LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GNGH FOUNDATION GNR DEVELOPMENT CORP 276206 10-]un-2003 276062 04~un-2003 276063 04~un-2003 276064 04-]un-2003 276207 10-]un-2003 276208 10-Jun-2003 276065 04-]un-2003 276209 10-Jun-2003 276210 10~un-2003 276066 04~un-2003 276211 10gun-2003 276067 04gun-2003 276068 04-]un-2003 276212 10~un-2003 276069 04gun-2003 276213 10gun-2003 276026 ~9-May-2003 276070 04-]un-2003 276071 04-]un-2003 276072 04gum2003 276214 10gun-2003 276215 10gun-2003 276217 10-]un-2003 276073 04-]un-2003 276218 lO-Jun-2003 276219 10gun-2003 276221 10~un-2003 276222 10-]un-2003 276074 64-1un-2003 276223 10-]un-2003 276075 64-1un-2003 276224 10-~un-2003 276076 04~un-2003 276226 10~un-2003 276077 04-]un-2003 276227 10-]un-2003 276078 04-]un-2003 276079 04~un-2003 276228 10-]un-2003 276080 04-1un-2003 276229 10-1un-2003 276230 10-1un-2003 276081 04~un-2003 276231 10~un-2003 276232 10~un-2003 276082 04~un-2003 276233 I0~un-2003 276083 64-1un-2003 276237 10~un-2003 276234 10~un-2003 276084 04~un-2003 276235 10~un-2003 276236 10~un-2003 276085 04-]un-2003 276086 64-1un-2003 276087 04-1un-2003 276238 10~un-2003 276088 04~un-2003 276239 10~un-2003 REFUND LEASES AND RENTS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE UTILTTIES UTILITIES SUPPLIES CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS SUPPLIES SUPPLIES MAINTENANCE AND REPAIRS ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES REMITTANCE REM~FFANCE MATERIALS ADMINISTRATIVE CONSULTING SERVICES MATERIALS ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND MAINTENANCE AND REPAIRS UTILTIIES UTILFF[ES ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS REMFFFANCE CONTRACT SERVICES MAINTENANCE AND REPAIRS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND REFUND CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS DONATION REMTFFANCE 201.02 233.29 116,080.66 287.50 738.29 164,55 128.15 524.00 19.90 15,063.82 14,788.52 471.50 1,255.46 23.00 180.39 147.04 348.36 125.00 535.00 3,244.26 3,197.38 501.87 97.64 11,937.19 1,543.30 120.00 695.50 183.60 319.30 239.12 286.30 405.14 750.00 264.08 223.76 9,636.92 119.03 10,839.35 442.25 1,608.43 248.76 185.78 450.00 132.16 184.58 750.00 195.00 6,665.31 71.60 250.00 379.50 135.70 15.00 3,022.22 403.24 1,210.75 8,962.09 50,000.00 761.36 Page: 3 CTFY OF NZAGARA FALLS Municipal Accounts Supplier Name ~) Ci[y of I~, AP5200 Cheque No Cheque Date Purpose GREAT WEST LIFE GREEN LINE EQUIPMENT GRUBICH,JOHN GUARASCI,MARIO GUILLEVIN INTERNATIONAL ]NC GYM CON LTD HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HELP A CHILD SMILE HILL~LAWRENCE& HILL, LAURIE MILL BOLES LTD HILL BOLES LTD HOLLOWAY PHILIP CONST INC HOLMAN,GEOFF MUMMELL~HAROLD HUMMELL,HAROLD IBI GROUP IBI GROUP INTEGRATED MUNICIPAL SERVICES IORFIDA, DEAN ~ W IVES ENTERPRISES 1ACKSON, DAVE 9AMES G ARMOUR & CO LTD KATCH'S QUALTrf COMMUNICATION KAWULA,JOE KUCHYT,TOM LAFARGE CANADA INC LAFARGE CANADA INC LATOPLAST LTD MACCARL, LAURA MACLEAN,JASON MAKEPEACE,]ANICE MAR-CO CLAY PRODUCTS INC MARTIN ENGINEERING INC MAVES, DIANE HCCONNELL, LUCILLE MCDONALD, ROB MCNAMARA, SUSAN ME OLSEN TITLES INC MEDSET SPECIALTIES LTD METRO COLLISION SERVICES INC METRO NIAGARA PAINTERS MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATI'ORNEY GENERAL MINISTRY OF ATFORNEY GENERAL M3H/CMA .IOINT VENTURES ARCHFrECTS MODERN LANDFILL INC MOLE, MRS MOORE CORPORATION LIM~I'ED MOROCCO,.IOHN MUNICIPAL FIRE SERVICE INSTRUCTORS ASSOC MY COUNTRY DELICATESSEN NEW ICE NIAGARA CREDTF UNION NIAGARA CREDIT UNION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 276240 10~un-2003 276089 04~un-2003 276090 04-]un-2003 276091 04-1un-2003 276092 04-1un-2003 276241 10-1un-2003 276094 04-1un-2003 276095 04-]un-2003 276242 10-1un-2003 276244 10~un-2003 276097 04~un-2003 276243 10~un-2003 276098 04~un-2003 276245 10~un-2003 276246 10~un-2003 276247 10~un-2003 276099 04~un-2003 276248 10-1un-2003 276100 04-1un-2003 276101 04-Jun-2003 276104 04-1un-2003 276102 04-1un-2003 276103 04-]un-2003 276105 04-1un-2003 276106 04~un-2003 276108 04-~un-2003 276109 04-1un-2003 276250 10-1un-2003 276252 10-1un-2003 276254 10-]un-2003 276255 10-]un-2003 276112 04-1un-2003 276257 10-]un-2003 276113 04~un-2003 276114 04~un-2003 276115 04~un-2003 276116 04~un-2003 276117 04~un-2003 276118 04~un-2003 276258 10~un-2003 276259 10~un-2003 276260 10~un-2003 276120 04~un-2003 276121 04~un-2003 276119 04~un-2003 276261 10~un-2003 276256 10~un-2003 276262 10~un-2003 276122 04~un-2003 276123 04~un-2003 276124 04~un-2003 276125 04~un-2003 276263 10~un-2003 276264 10~un-2003 276127 04~un-2003 276265 10~un-2003 276132 04-1un-2003 276133 276267 REMITTANCE EOUIPMENT ADMINISTRATIVE REFUND MATERIALS MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE DONAI'[ON REFUND MATERIALS MATERIALS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS UTILrrIES REFUND ADMINISTRAl~VE MATERIALS MATERIALS MATERIALS REFUND ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS EQUIPMENT MAINTENANCE AND REPAIRS ADMINISTRATIVE ADMINISTRATIVE REMITFANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MAINTENANCE AND REPAIRS REMITFANCE REMI'n'ANCE REMI~-FANCE 04-1un-2003 REMITTANCE 10-1un-2003 REMITFANCE 1,150.00 7,226.60 18.00 1,455.33 1,036.15 7,832.36 45.36 166.88 250.00 750.00 572.98 1,452.78 111,440.10 169.99 525.00 219.01 4,078.87 5,953.54 321,000.00 106.20 1,704.21 101.92 3,467.25 517.50 750.00 252.73 2,568.66 1,675.59 589.54 930.38 191.77 148.21 10,036.81 1,379.67 222.00 216.00 185.16 228.00 562.18 136.75 203.30 3,852.00 350.00 350.00 1,226.78 1,226.78 107,097.39 858.44 88.55 12,479.07 66.91 391.00 109.25 1,111.13 14,329.00 14~329.00 3,006.99 2,604.69 1,614.69 CZTY OF NI'AGARA FALLS Municipal Accounts Supplier Name NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO N[AGARA FALLS HYDRO NIAGARA NEWSFAX NIAGARA SHEET METAL NIAGARA STAR PAINTERS NIAGARA.COM O'FLYNN,1OHN OMERS PACKET WORKS ~,e C~ of ~, AP52OO Cheque No Cheque Date Purpose 276129 049un-2003 276130 04-1un-2003 276266 10-3un-2003 276268 10-3un-2003 276134 04-~un-2003 276269 10-~un-2003 276126 04~un-2003 276270 10~un-2003 276271 10~un-2003 276272 10gun-2003 REMITTANCE UTILITIES UTILITIES ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE REMITTANCE EQUIPMENT MATERIALS MATERIALS REFUND ADMINISTRATiVE MATER]ALS CONTRACT SERVICES REFUND CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE REMITTANCE MATERIALS MATERIALS ADMINISTRATIVE CONSULTING SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REMFFTANCE MATERIALS MATERIALS ADMINISTRATIVE REFUND MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS EQUIPMENT REFUND UTILITIES UTILFFIES UTILrI-IES CONTRACT SERVICES MATERIALS EQUIPMENT EQUIPMENT SUPPLIES CONTRACT SERVICES ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES PENINSULA CONSTRUCTION INC PENNER BUILDING CENTRE PHILLIPS,RONALDE PHILLIPS, lOAN PINGUE, PAUL PLASTRUCT CANADA PRECISE PARK LINK INC PREMIUM BUILDING GROUP PROVINCIAL LANDSCAPING PUROLATOR COURIER PUROLATOR COURIER R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RECEIVER GENERAL RECEIVER GENERAL RIDGEMOUNT QUARRIES LIMITED RONDAR INC ROSS, PHILIP RV ANDERSON ASSOCIATES LIMITED SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SCARf NGI,VITO SCERBO,SUSAN SCHAEFER SYSTEM INTERNATIONAL LIMTIED SCOTIABANK SICO INC SIGNATURE SIGNS SKIBA,BART SM1TH,CHARLIE SOFTCHOICE CORPORATION SPECK INDUSTRIES [NC STAMFORD HOME HARDWARE STOLK CONSTRUCTION LTD STREAMLINE SUPERIOR PROPANE INC TC TOWING & RECOVERY TD CANADA TRUST TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC THE CAMERA PLACE FOTO SOURCE THE EQUIPMENT SPECIALIST INC THE EQUIPMENT SPECIALIST INC THE PEPSI 8OTI-LING GROUP THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA 27613S 04~un-2003 276273 10~un-2003 276136 04gun-2003 276274 10~un-2003 276275 10-3un-2003 276276 10~un-2003 276137 04~un-2003 276138 04~un-2003 276139 04~um2003 276278 10-3un-2003 276145 04~un-2003 276279 10-~un-2003 276140 04-3un-2003 276280 10-~un-2003 276144 04-3un-2003 276146 04~un-2003 276284 10~un-2003 276032 04~un-2003 276285 10~un-2003 276147 04~un-2003 276286 I0~un-2003 276148 04~un-2003 276287 10-3un-2003 276288 10-3un-2003 276149 04-~un-2003 276151 04-3un-2003 276289 10-~un-2003 276290 10~un-2003 276152 04~un-2003 276153 04~un-2003 276291 10~un-2003 276292 10~un-2003 276154 04-~un-2003 276155 04-3un-2003 276294 10~un-2003 276295 10-~un-2003 2761S6 04~un-2003 276296 I0~un-2003 276157 04~un-2003 276297 10~un-2003 276158 04~un-2003 276298 10-]un-2003 276159 04-]un-2003 276299 10-]un-2003 276160 04-3un-2003 276141 04~un~2003 276142 04-1un-2003 276143 04~un-2003 276281 10~un-2003 Page : 4 Amount 11,632.18 1,532.98 17,040.63 731.88 1,207.50 1,013.29 487.29 1,636.56 111,238.08 21,694.75 2,630.23 28.98 300.00 38.79 1,273.30 4,015.89 3,000.00 5,641.04 76.53 169.69 3,126.85 595.64 171,919.57 171,013.30 5,337.68 977.67 45.00 1,591.09 1,930.90 114.65 114.65 209.28 129.79 864.81 124,092.53 1,247.24 316.25 54.15 100.00 4,025.68 2,875.00 100.00 750.00 161.00 1,318.37 53.50 127.40 454.75 81.63 3,431.29 3,766.37 1,173.00 18,885.51 8,076.53 837.48 1,216,748.44 1,200.00 14,580.38 1,216,748.44 AP5200 Page : 5 CZTY OF NI'AGARA FALLS Municipal Accounts Supplier Name & cos Cheque No Cheque Date Purpose THE REGIONAL MUNICIPALITY OF NIAGARA THE SENIORS REVIEW THE SOCIETY OF MANAGEMENT ACCOUNTANTS OF ONTARIO THE TOWNSHIP OF KING THE UNIFORM GROUP INC THE V&S ENGINEERING GROUP LTD TOROMONT TO~CI-EN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS UPPER CANADA SPRINGS INC URISA ONTARIO CHAPTER V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VINE[AND QUARRIES VISCA, BERNIE VOMMERO ENTERPRISES LIMTTED W S WALTERS CONSTRUCTION WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WESTBURNE/RUDDY WILSON,P~CHARD WINGER,TERRI WOLSELEY WATERWORKS GROUP WOLSELEY WATERWORKS GROUP WRIGHT FUELS INC YARNELL OVERHEAD DOOR YOUNG SOD FARMS LTD 276282 I0~un-2003 276150 04-Jun-2003 276300 I0-1um2003 276162 04-Jum2003 276301 10-]un-2003 276163 04-1un-2003 276164 04-Jun-2003 276165 04-3un-2003 276166 04-2un-2003 276302 10~un-2003 276303 10-3um2003 276304 10-3un-2003 276168 04-3un-2003 276169 04-3un-2003 276305 10-Jun-2003 276170 04-~un-2003 276176 04-Jun-2003 276171 04-Jun-2003 276306 10-~un-2003 276172 04-Jun-2003 276307 10~un-2003 276309 lO-Jun-2003 276173 04-30n-2003 276310 10~0n-2003 276174 04-~un-2003 276311 10-3un-2003 276312 10-3un-2003 MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS CONSULTING SERVICES EQUIPMENT CONSULTING SERVICES CONTRACT SERVICES MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES MATERIALS REFUND REFUND REFUND MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MATERIALS 3,413.12 176.55 719.04 450.00 1,816.77 539.89 3,722.43 43,641.06 6,724.59 18.00 60.00 999.90 22,134.05 16,093.80 431.04 211,032.83 1,000.00 40,919.47 10,604.82 1,794.00 96.47 65.00 582.08 1,067.32 13,456.76 120.38 369.15 Total: 4,749,038.39 Community Services Department · ~'~k~ Bulldlng~jk & By-Law Services The Clfy of 4310 Quean ,~treet Niagara Falls v ,n,~ P.O. BO,. ,,.,.... Conodo~~Niagara Falls, ON L2E 6X5 ~'1-~ web site: www.city, niagarafalls.on.ca ~~"'""~ / Tel.: (905) 356-7521 Fax: (905) 374-7500 June 16, 2003 BBS~003~6 Alderman Victor Pictrangclo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BBS-2003-06 - Sign By-law Variances - Commisso's Plaza, Portage Road & Niagara Square, Montruse Rd. RECOMMENDATION: That the Committee recommends to Council, thc denial of thc application to install Ground Signs at Commisso'sPlazaandNiagaraSquare., AND ALLOW THE EXISTING SIGNS TO REMAIN UNTIL THEIR TERM EXPIRES. BACKGROUND: The two plazas have entered into an agreement with Adsign Inc. to install poster size signs (44" x 66") on the light standards in their respective parking lots. The number of signs would be limited to one sign per business establishment in each plaza and would be used to advertise these businesses as well as others. The Sign By-Law No. 6661 (1964) defines these as ground signs and each location is at their maximum allowable number of grotmd signs, being two per property. A number of thc signs were erected prior to staffbeing involved. However, thc company ceased when informed of the requirements and arc awaiting the outcome of this application. Moreover, thc Sign By-law Review Study is recommending that these types of signs, which will be classified as poster panels, not be permitted in commercial districts as such signs may result in the proliferation of signs. Based on thc requirements of the current by-law and the recommendations of the Review Study, staff is recommending denial of the application. Director of Municipal Works Respectfully submitted: '~ ~tile Officer Attach. V:~2003COUNCIL~030610~BBS-2003-06 Sign Variance Cormalsso's & Niagara Square.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Community Services Department . ..... ~'v, Mun cipal Works ne c,~ry oT jr~j. 4310 Queen Street Niagara Falls YJ~II~ P.O. Box 1023 Canada ~~Niagara Falls, ON L2E 6X5 ~T~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi@city.niagarafalls.on.ca MW-2003-107 Ed Dujlovic Director June 16, 2003 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re.' MW-2003-107 - Request for Proposal Development Charges Update Study RECOMMENDATION: It is recommended that City staff be authorized to request a proposal from C.N. Watson and Associates Ltd. to review the current Development Charges By-law and update the background study. BACKGROUND: The City's Development Charges By-law//99-144 will expire on August 2, 2004 and in preparation for the new by-law it is necessary to update the background study required to support the new Development Charge rates. The update involves a fairly extensive examination of current and future development trends so that new infrastructure can be appropriately planned and a calculation of the growth-related capital costs undertaken. Although the deadline is one year away, it will be necessary to use all of this time to complete this work and prepare for the required public process. Municipal Works staff has estimated a cost of $80,000 to complete this update however it is our expectation that the work can be completed more cost effectively by using a firm who is familiar with the Niagara Falls situation. C.N. Watson Ltd. has completed the 1999 background study and performs this work for most of the municipalities in the Province of Ontario. The City's Consultant Selection Policy requires staff to invite firms to submit proposals for anticipated expenditures of $60.000.00 or more. By inviting only one firm staff can reduce the amount of time required to prepare terms of reference analysis proposals and use this time savings to commence the work plan. Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 16, 2003 - 2 - MW-2003-107 The proposal, of course, will be brought to City Council for its consideration and approval, prior to the execution of the consultant agreement and commencement of the project. Municipal Works staff is requesting Council's approval to forego the consultant selection policy in this case in the interest of time. Your favourable consideration of this matter is appreciated. Prepared by: Geoff Holman, C.E.T. Manager of Development Respectfully submitted: ohn MacDonald ~/J~hn _Ma! Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works SSREPORTS~2003 ReportsWIW-2003-107 - Request of Proposal Development Charges Update.wpd Community Services Department MW-2003-112 The City of Niagara Falls Canada Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca June 16, 2003 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2003-112 Corporate Water Conservation Strategy RECOMMENDATION: That this report be received for information. BACKGROUND: In October of 2002, the Chief Administrative Officer and Director of Municipal Works requested that City Staff examine the feasibility of establishing a Corporate water conservation strategy. The proposed strategy was to be holistic in nature versus the somewhat fragmented approach taken to date in both promoting water conservation and the education of Niagara Falls residents as a whole. An extensive literature search of existing water conservation resources has been performed in order to expedite the production of a "made in Niagara Falls" program. Water conservation has a number of indirect benefits beyond the obvious. Wholesale community water use reductions can: defer capital expansion costs for both the water and sewer systems; create reserve capacity within the system for development; reduce negative impacts upon the environment, and; promote the Corporation as a responsible and environmentally conscious steward of the water system and resources. City Staffhas been proactive in their efforts this year, as evidenced in the following brief synopsis of initiatives and accomplishments. Implementation will take place over a period of two years, budget permitting. TarEet Grouns The emphasis to date has been on developing a plan which will target three distinct target groups, namely: 1) Children of School Age This target group is very impressionable, and they offer a fantastic opportunity in terms of long term water education and tangible action and results through measurable, school delivered programs. June 16, 2003 -2- MW-2003-112 Children of school age currently have very limited exposure to the ramifications or cause and effect of conservation techniques, as they are not traditionally privy to their parent's concerns surrounding water issues and billing. Facilitating dialogue between the children and their peers through a school- based program described later in this document will serve to educate both adult and children groups. City staff has initiated or completed the following to address this focus group: City Staff, in conjunction with the Niagara Catholic District School Board, has developed a Grade 5 curriculum for water conservation. Five volunteer teachers have been working with City Staff for the past three months to develop the program. Finalization of the program is expected in about three weeks. The general premise of the program is as follows: Students, and by default their parents, will learn how to identify and address leaks within their residence. Materials will be presented to explain the ramifications, both financial and environmental, of the misuse of water. Water usage and meter readings will be documented by each student in their own home for a period of two weeks to establish a relationship between the uses of water and their impact upon the household water bill. Students will be introduced to water saving tips, both indoor and outdoor, and will be asked to reduce their family household water use as much as conveniently possible. Reductions in water use will be calculated on a class by class basis and rewards will be offered to those classes showing the largest reduction in use. Rewards will also be offered to the best performing school as a whole. Local business will be contacted to assist in this regard. City support staff will be deployed on a sporadic basis to give presentations and demonstrations using existing visual aids in a classroom environment. Rainfall gauges will be distributed to students upon their departure for summer vacation. This would assist in the alleviating the Niagara Falls brown lawn situation and would also reinforce the need for conservation beyond the curriculum and school year. Staff will pursue promotional opportunities with the Niagara Falls Review including a water smart children's page or section. A web site will be constructed with regularly updated content geared to children of school age in conjunction with the curriculum offered at school. June 16, 2003 -3- MW-2003-112 2) General Adult Population The adult population of Niagara Falls currently has a somewhat confrontational or adversarial relationship with the whole issue of water use and conservation. This relationship has been reinforced through the perception that universal water metering resulted in a significant cost increase to the average taxpayer, despite statistics that show otherwise. Effective and continuous communication with respect to water use and billing will result in a better informed consumer who will realize that they as individuals have a great degree of influence over their water use and associated charges. The proposed program will attempt to assist the general consumer to visualize, understand, manipulate and control their individual water use. City staffhas to date initiated or completed the following to address this target group: A Hydro/Water bill insert will be created that explains the bill sections and charges in plain language for the general population. It is readily apparent through communication with the public that they have great difficulty in visualizing their water usage and the associated charges due in large part to the terms in which the water bill is presented. The critical aspect of the adult section of the program will involve the explanation of the billing process in language that they can understand. "Countdown to Summer" water usage tips could be provided via Hydro bill insert, web page and the Niagara Falls Review. Leading by example. A review of the ways in which the City and/or its employees can reduce their water consumption will be undertaken, and any successes publicized. "Water Wise House Calls" - Students or seniors could be employed to conduct a door to door education campaign. These individuals would check for leaks and provide customized water use tips. This door to door method has proven very successful in the past with the downspout disconnection program. All agents would be trained to answer the common frequently asked questions regarding water use. A Niagara Square mall display with interactive activities and information regarding water use and misuse in the home is being pursued. Placement of an advertising supplement in the Niagara Falls Review including water facts, news releases, event information, water bills demystified is being investigated. The Niagara Falls Library will be encouraged to promote water conservation through: displays of water related books, materials and water conservation devices like low flow shower heads, rain barrels and aerators; story hours reflecting the water theme, and; seminars on water conservation topics (such as how meters work; how to make minor plumbing repairs; how to conserve water and lower water bills). Preparation of a brochure on finding, fixing and preventing water leaks is in progress. June 16, 2003 -4- MW-2003-112 Parks & Recreation Landscape Design section will be asked to hold a seminar on different types of drought-resistant ground covers for residential properties. 3) Seniors Seniors currently account for approximately 17 % of the population of Niagara Falls. Although small in terms of numbers relative to the other two target groups, they are traditionally more vocal than the general population due to the impact of perceived water rate increases on their fixed income households. Billing information investigations conducted by city staff on numerous senior's accounts have shown that the bulk of seniors are in fact saving money on their respective water bills. City staff has to date initiated or completed the following to address this target group: Use of free seniors' publications such as The Seniors' Review and Forever Young, and the Coronation Centre's monthly newsletter to demystify the water bill. Seminars geared to the senior population could be held at the Coronation Centre and library to teach seniors how to read their water bill and reduce their water consumption. Seniors may participate in door to door education campaigns as mentioned above. Committee's concurrence with the above recommendation would be appreciated. Prepared by: David Watt Manager of Infrastructure Prepared by: Dale Morton Community Services Coordinator Approved by: Ed Dujlovic, P. Eng. Director of Municipal Works Respectfully Submitted by: o~~MacD/onal~d Chief Administrative Officer File S-80-11 S:\REPORTSX2003 ReportshMW2003-112 Corporate Water Conservation Strategy.wpd The City of ~1~, Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2003-113 Fallsview Tourist Core Issues Update RECOMMENDATION: June 16, 2003 MW-2003-113 Ed Dujlovic, P. Eng. Director That this report be received for information. MAIN STREET ENVIRONMENTAL ASSESSMENT The appeal period for this study ended June 4, 2003. There were four (4) appeals. They are: · Helias Enterprises Limited; David Jovanovich; · Rudan Holdings Limited; and · 577793 Ontario Inc. (Fallsview Renaissance Hotel). Staff is working with the Ministry of the Environment to try to deal with the appeals as quickly as possible. CASINO ROADS ENVIRONMENTAL ASSESSMENT The appeal period for this study will end on June 19, 2003. At this time, there have been no appeals filed. CASINO ROADS DESIGN AND CONSTRUCTION The design for this work commenced on May 13, 2003. The schedule calls for completion of design by July 9 with tendering immediately thereafter and construction commencing in August. This is a very aggressive schedule and it may not be possible to meet it. In addition, if the road widening environmental assessment is appealed, the City will not be able to tender the project until the appeal is dealt with. If the appeal takes significant time, if it is successful or causes significant changes to the design then the construction work will not be completed prior to the opening of the casino. June 16, 2003 -2- MW-2003-113 In addition, the following steps were taken to speed up the process as much as possible: design commenced prior to the approval of the environmental assessment; the project will be tendered in one contract; construction will commence in August; and the working hours of the contract will be from 7:00 a.m. to 11:00 p.m., seven (7) days per week. Even with the above noted time saving measures, it may still not be possible to meet the casino opening due to the amount of construction which must be completed,. If that is the case, City Staff in conjunction with FMC and OLGC will develop a contingency plan to try allow the opening to go forward with the least interference from construction. It is recommended that this report be received for information of Committee. Prepare~~ by: _ Darrell Smith, P.Eng. Manager of Engineering Services Respectfully submitted: Chief Administrative Officer Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Community Services Department The Ci~, of ~.d Municipal Works · '' 1[ ~r~la - 431O Queen Street N,ogaro Fo s ~J~l~ P.O. Box 1023 CQnQdQ .~r Niagara Falls. ON L2E 6X5 ~~r~ web site: www.city.nlagarafalls.0n.ca TeL: (905) 356-7521 Fax: (905) 356-2354 E-mail: edujlovi~city.niagarafalls.0n.ca MW-2003-114 Ed Dujlovlc Director June 16, 2003 Alderman Victor Pietangclo, Chairperson and Members of the Community Se~ces Committee City of Niagara Falls, Ontario Members: Re: MW-2003-114 - Cmneron Court RECOMMENDATION: That operation staff continues to monitor the creek and can'y out the necessary cleanup as rcquircch .~MqD THAT THE FENCE BE INCLUDED IN THE 2004 BUDGET. BACKGROUND: A petition was presented to City Council from the residents of Carn~on Court who arc concerned with thc lack of water flow in W52, a branch of thc Shriners Creek. In particular the residents arc concerned that thc creek is a breeding ground for mosquitos and thc potential for the transmission of thc West Nile Virus. As a result the residents proposed three methods of dealing with their concerDs. ERECTION OF A FENCE ALONG THE SOUTH PROPERTY LINE OF THE CREEK Depending on the length of chalnlink fence required the cost to install the fence would be in the order ors 18,000 to $23,000. Staff~nticipates that the erection of the fence would capture a majority of blowing debris and prevent it from being deposited into the creek. SCHEDULE MAINTENANCE WORKERS TO CLEAN THE AREA AS NEEDED Operation staffhas conducted a clean out of the creek and will be continuing to monitor thc situation and clean the area as required. Staff has also dealt with thc plaza owner in regards to thc area that they have setup for their waste bins. Modifications have been made to the enclosure to minimize debris that was being blown into the ereck. INSTALLATION OF AN UNDERGROUND SEWER SYSTEM In 1995 the City undertook an Environmental Assessment (EA) of the W52 which resulted In improvements being carried out to the creek from the QEW downstream to Kalar Road· As a result Working Together to Serve Our Community Municipal Works. Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services June 16, 2003 - 2 - MW-2003-114 of the EA a natural channel design was implemented to rehabilitate the creek and deal with the storm water flows. The installation of a storm sewer system would require an EA and the approval of the Ministry of Natural Resources and The Niagara Provincial Conservation Authority. The cost to carry out an EA and the installation of the storm sewer system would in be in the order of $700,000 to $800,000. As indicated in the petition the creek is relatively flat. The slope of the creek between Montrose Road and Thorold Stone Road is 0.17 percent which is considerable below the minium of 0.5 percent that is recommended for drainage channels and below the 0.2 pement for sewer pipe. With the flat slope there would still be water sitting in the storm sewer system. Accordingly, staff does not recommend the installation of the storm sewer system. During a site visit to the area it was noticed by City staff that some of the residents of Cameron Court were dumping yard waste near the creek. There is a potential for this material of finding its way into the creek which would further restrict the flow of water. Accordingly, the residents should refrain from dumping yard waste in the area and make use of the yard waste collection service that is provided. Committee's concurrence with the above recommendation would be appreciated. Appmvts~d by: Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: Donal ~]Chief Administrative Officer Attach. S:\REPORTS~2003 ReportsWlW-2003-1 I4 - Cameron Court.wpd shriners Creek April 25,2003 Dear city Council: We the residents of Cameron Court, would like to express our concern regarding a section of shriner's Creek that impacts the homeowners on the south side of our street. We are unhappy with the present state of the creek that abuts the property owners on the south side of cameron court. our main concern regards the water flow, or lack thereof, that we feel is a breeding ground for mosquitoes. The West Nile virus and potential for its transmission is of p~amount concern ~nd we are seeking the city of Niagara Falls' assistance in alleviating some ot these risks, presently, the creek has very little slope and the drainage is inadequate, Secondly, there is an inordinate amount of garbage that accumulates in the creek, which restricts the proper flow of water. This stagnate water promotes the regeneration of mosquitoes and the threat of the west Nile Virus has never been greater in the Niagara Region. Essentially, the unimpeded flow of water will minimize the risks we are trying to reduce. We propose the following suggestions as possible ways of alleviating the problems: 1) Erecting a fence between the city property and the private property south of the creek to restrict the errant flow of garbage. 2) schedule maintenance workers to clean the area as needed. 3) Install an underground sewer system. If properly completed this unused land could possibly be sold to the existing homeowners and the city would recover expenses accrued. We appreciate the efforts of our elected council members and are confident that a combined effort will lead to a solution that is beneficial to everyone involved. sincerly, The Residents of Cameron Court Page 1 NAME ADDRESS