2003/08/11PLANNING/COUNCIL
MEETING
Monday, August 11, 2003
Order of Business
and Agenda Package
PLANNING MEETING
PRAYER: Alderman Judy Orr
O Canada: Ms. Lisa Bedore will sing the National Anthem.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATION._~S
Ontario Great Lakes Renewal Foundation
Mr. Peter Partington, President and CEO and Mr. Don Robinson, Q.C. and Vice
President, Ontario Great Lakes Renewal Foundation wish to make a presentation to the
City of Niagara Falls.
- AND ~
Report MW-2003-136 - Chief Administrative Officer - Re: Ontario Great Lakes
Renewal Foundation Funding.
Municipal Senior of the Year
A presentation ~r Municipal Senior of the Year, in recognition of individuals who
have enriched the social, cultural or civic li~ of the communi~, will be made to Ray and
Helen Hudson.
-2-
Special Olympians
Council will recognize Jason MacLean and Klm Mark, for their Gold and Silver
medals at the Special Olympics 2003 World Summer Games in Ireland.
Volunteerism
Ms. Janice McAIpine will be recognized for her many years of volunteer service in
the community.
ITEM NO. 33
ITEM NO. 34
PLANNING MATTERS
Public Meeting
Zoning By-law Amendment Application
AM-21/2003, 4841 Simcoe Street
Owner: Douglas and Barbara Peck
Proposed Bed & Breakfast Accommodation
Background Material:
Recommendation Report: PD-2003-71
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
Public Meeting
Zoning By-law Amendment Application
AM-26/2003, 8123 Young Road
Owner: John and Carrie Bouw
Proposed Restriction to Agricultural Uses
Background Material:
Recommendation Report: PD-2003-72
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
-3-
ITEM NO. 35
Public Meeting
Zoning By-law Amendment Application
AM-27/2003, 5629 Slater Avenue
Applicant: Rosa Garofalo
Agent: Tony Garofalo
Proposed Concrete Contractor's Shop
Background Material:
Recommendation Report: PD-2003-74
- AND -
Correspondence from Regional Niagara, Planning &
Development Department
ITEM NO. 36
Public Meeting
Official Plan & Zoning By-law Amendment Application
AM-20/2003, Lands on the West Side of Ailanthus Ave.
Applicant: Niagara 21,t Group Inc.
Agent: Italia Gilberti, Solicitor
Proposed Parking Lot
Background Material:
Recommendation Report: PD-2003-73
- AND -
Correspondence from Director, People Mover Project
Inter-Departmental Memorandum, Manager of Construction
Correspondence from BLS Planning Associates
Correspondence from Ministry of the Environment
Email from D. Damiano; J. Schweitzer and B. Schweitzer
Correspondence from D. Damiano; J. Schweitzer
and B Schweitzer
Correspondence from Linda Burke & William Benson
Correspondence from Broderick & Partners
Correspondence from Garnet & Susan Shaw
Correspondence from George Robert (Bob) Winder
· An information package from the applicant's Solicitor is included in your package.
-4-
MISCELLANEOUS PLANNING MATTERS
Chief Administrative Officer
PD-2003-69, Cash-In-Lieu of Providing Parking
Agreement between the Corporation of the City
of Niagara Falls and the Operators of the
Second Floor Zombie Zoo Restaurant, 1397837
Ontario Inc., o/a Zombie Zoo; Property
Municipally know as 5026 Centre Street.
Chief Administrative Officer
PD-2003-75, Request for Extension to Draft Plan
Approval; Chippawa West Phase il, File: 26T-
94009; Owner: Queensway-Chippawa Properties
Inc.
REGULAR COUNCIL
ADOPTION OF MINUTES: Planning/Regular Minutes of July 14, 2003.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Niagara Falls Aviary - Re: Banners - requesting that consideration be given to
permit the Niagara Falls Aviary to place banners on light poles situated on Hiram
Street and Falls Avenue.
- AND -
Memorandum from Manager of Engineering Services
RECOMMENDATION: Refer to staff.
Mr. Willie Tracey - requesting information on which Council members sit on what
Boards; their attendance on these Boards and their remuneration to sit on these
Boards.
RECOMMENDATION: For the consideration of Council.
Mr. Willie Tracey- providing comments and suggestions on how to beautify certain
areas in the City of Niagara Falls.
RECOMMENDATION: Refer to the Environmental Planning & Greening Committee
for comments.
-5-
Mr. & Mrs. Mark Newman - Re: Unreasonable Noise Disturbances - expressing
concerns regarding the unreasonable and excessive noise that is emanating from
the Tropix Chill & Grill establishment on Lundy's Lane and suggesting to restrict the
volume levels from radiating beyond a 100-foot radius of any outdoor patio in the
city.
(Council should note Report L-2003-54 further on the Agenda)
The Bigga Tomatafest - Re: Proclamation - requesting that Council proclaim the
week of August 11-17, 2003 as "Bigga Tomatafest" in the City of Niagara Falls.
RECOMMENDATION: That the request be supported.
Regional Niagara, Public Health Department - Re: Proclamation - requesting
that Council proclaim September 9, 2003 as "Fetal Alcohol Syndrome Awareness
Day".
RECOMMENDATION: That the request be supported.
The Arthritis Society - Re: Proclamation - requesting that Council proclaim the
month of September, 2003 as UNational Arthritis Month" and requesting that a flag
raising ceremony be held at City Hall on Wednesday, September 3, 2003 at 11:30
a.m. and that the flag remain displayed for the entire month of September.
RECOMMENDATION: That the requests be supported.
aw
Art By the Falls - Re: Resolution - requesting that Council designate the Rotary
Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show, being held on
September 12th, 13t~, and 14t', 2003 as a "Community Festival".
Note: Please see Resolution further on the Agenda
RECOMMENDATION: That the request be supported.
9a)
Correspondence from the residents of Second Avenue - Re: Basement
Flooding- expressing concerns regarding basement flooding in the area of Bridge
and Hamilton Streets;
9b)
Correspondence from Mr. And Mrs. M. Sonier, 4329 Sixth Avenue - Re: Sewer
backup - expressing concerns with regard to the sewage backup during the recent
August 5, 2003 downpour.
9c)
Mr. & Mrs. G. Byng, 4338 Sixth Avenue - Re: Sewer backup - expressing
concerns with regard to the sewer backup during the recent August 5,2003
downpour.
RECOMMENDATION: That the matters be referred to staff.
-6-
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Alderman Victor Pietrangelo, Chair)
RATIFICATION OF ENVIRONMENTAL PLANNING & GREENING COMMITTEE
ACTIONS (Chair, Environmental Planning & Greening Committee)
R-2003-54, Actions Stemming from the Environmental Planning & Greening
Committee Meeting of July 30, 2003.
FINANCE MATTERS
1. Chief Administrative Officer
MUNICIPAL WORKS MATTERS
1. Chief Administrative Officer
F-2003-39, 2003 Debenture Issue.
(See Resolution further on the Agenda)
MW-2003-145, Casino Road
Reconstruction Update.
MISCELLANEOUS MATTERS
Chief Administrative Officer
Chief Administrative Officer
CD-2003-17, Election Signs.
L-2003-54, Noise Complaints.
CONSENTAGENDA
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.
5.
6.
7.
8.
9.
-?-
F-2003-37, Major Receivables Quarterly Report;
F-2003-38, Municipal Accounts;
BDD-2003-01, Agreementwith the Ministry of Enterprise, Opportunity and Innovation
to convert the current Business Self-Help Office immediately to a Small Business
Enterprise Centre;
MW-2003-139, Tender #2003-1254)3, Victoria Avenue - Landscape Clifton Hill to
Bender Hill;
MW-2003-144. Consulting Service for Stanley Avenue Strom Trunk Extension;
R-2003-52 - The Russell Masterson Amateur Athletic Club and Corporation of the City
of Niagara Falls Agreement - Junior B Hockey;
CD-2003-t6 - Special Occasion Permit; Niagara Falls Falcons Senior Mens
Baseball Club;
L-2003-5t, Establishment of Public Highway Part 5 on $9R-t2103 as part of Garner
Road;
L-2003-52, Establishment of Public Highway Part 6 on 59R-12103 as part of Garner
Road;
L-2003-53, Establishment of Public Highway Part 1 on 59R-12032 as part of St. Mary's
Street.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
RESOLUTION~
That Council recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls"
Art and Craft Show being held on September 12, 13 and 14, 2003 and designates
the event as a "Community Festival" in Niagara Falls.
RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby
requests The Regional Municipality of Niagara to issue debentures in accordance
with the terms and amounts set out below, and further, that the City confirms that
it has entered into a contract for or authorized the commencement of all works
listed.
-8-
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-laws
listed for Council consideration.
2003-135
To amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-
laws.
2003-136
To amend By-law No. 2002-134, being a by-law to designate the Copper
Beach Tree to be of historic value and interest.
2003-137
To designate the property known as Glenview, 4223 Terrace Avenue, within
the city of Niagara Falls, to be of cultural value and interest.
2003-138
To establish Part 5 on Reference Plan 59R-12103 as a public highway, to be
known as and to form part of Garner Road. (Re: L-2003-51)
2003-139
To establish Part 6 on Reference Plan 59R-12103 as a public highway, to be
known as and to form part of Garner Road. (Re: L-2003-52)
2003-140
To establish part 1 on Reference Plan 59R-12032 as a public highway, to be
known as and to form part of St. Mary's Street. (Re: L-2003-53)
2003-141
To amend By-law 2002-227, a by-law to consolidate fees and charges for
various services, licences and publications for the City of Niagara Falls in
compliance with the Municipal Act 2001.
2003-142
To authorize the acceptance of a Transfer/Deed of Land from Niagara
Catholic District School Board and to establish part of a road allowance
being Part of Lot 22, Concession 2, Willoughby, designated as Part 2 on
Reference Plan 59R-12066, as a public highway, to be known as and to form
part of Oliver Street, for the purpose of facilitating a "Kiss and Ride" drop-off
program for Sacred Heart Elementary School, located at 8450 Oliver Street.
2003-t43
To amend By-law No. 79-200, to permit the development of a 32-unit
townhouse project. (Re: AM-24/2003, 1527151 Ontario Limited)
2003-144
To amend By-law No. 5335, 1955, to permit an increase in building height of
the existing Conference Centre for an indoor waterpark. (Re: AM-19/2003,
Canadian Niagara Hotels Inc.)
2003-145
2003-146
2003-147
2003-148
2003-149
-9-
To authorize the use of optical scanning vote tabulators at the regularly
scheduled 2003 Municipal Elections.
(HANDOUT) To authorize the execution of an Offer to Purchase, Canadian
Pacific Railway.
{HANDOUT) To authorize the execution of an Offer to Purchase, Grand
Niagara Resort, Inc.
To authorize monies for General Purposes. (August 11, 2003)
To adopt, ratify and confirm the actions of City Council at its meeting held on
the 11th day of August, 2003.
NEW BUSINESS
Community Services Department
Th "'J- f .,ca, Municipal Works
e L, fy o jrj' l¢, 4310 Queen Street
Niagara Falls lJlll~ P.O. Box 1023
Canada ~~Niagara Falls, ON L2E 6X5
~~J~ web site: www.city,niagarafalls.on.ca
.~llm~~ / Tel.: (905) 356-7521
Fax: (905) 356-2354
E-maih edujlovi@city.niagarafalls.on.ca
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
August 11, 2003
MW-2003-136
Ed Dujlovic
Director
Re-*
MW-2003-136
Ontario Great Lakes Renewal Foundation Funding
RECOMMENDATION:
R is recommended that this report be received and filed and that City Staffbe authorized to initiate
this project.
BACKGROUND:
For the past five years City Staffhas been examining options for the control of the combined sewer
overflow located at the High Lift Pump Station. This particular overflow has been the subject of
several studies commissioned by both the City of Niagara Falls and the Regional Municipality of
Niagara. Despite the fact that the said overflow is on Regional property, 75% of the cost associated
with its control or elimination rests with the local municipality.
The most recent study, the "City of Niagara Falls South Side Sewershed Wet Weather Flow CSO
Study", recommended the construction of approximately five to six thousand cubic metres of
storage at the site to satisfy current Ministry o fthe Environment legislation regarding the permissible
amount of sewer discharge to a waterway under severe weather or emergency conditions.
The approximate cost to the City and the Regional Municipality of Niagara for the required storage
would be $ 3,750,000 and $1,250,000 respectively. The aforementioned City share does not include
the costs associated with the treatment of the captured sewage nor the operation and maintenance
of the facility over its' operating life.
City staff, in attempt to lower and or negate the cost of the storage formulated a plan to address the
combined sewer overflow at this location and two others by consolidating the overflows at the
subject site and having them treated on site via a high rate treatment process. The application of this
technology, while relatively new to Canada is used widely in the United States and Europe.
l~orMng Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 11, 2003 - 2 - MW-2003-136
Several federal and provincial funds exist to support the introduction and testing of new or
innovative technologies in Canadian applications.
In June of last year the Great Lakes Sustainability Fund confirmed that they would support a project
to test three commonly available technologies at the High Lift Site as outlined in a proposal
submitted by City Staff in the amount of $50,000 for the first year. City staff has received the
funding. Subsequent submissions will be made to the Sustainability Fund for additional monies in
future fiscal years.
In order to satisfy the long term requirements of the Sustainability Fund, the City of Niagara Falls
and the Regional Municipality of Niagara also agreed to contribute $350,000 each to the project. All
funding partners have agreed that the best performing treatment unit would remain at the site as the
permanent solution.
In February of 2003, His Worship the Mayor advised City Staff, working on the proposed project,
of a Provincially funded organization that made funds available for initiatives that are aimed at
improving the water quality in the Great Lakes and its tributaries.
Three proposals for the required funds were submitted over a period of six months to the Ontario
Great Lakes Renewal Foundation (O.G.L.R.F). One of the requirements of the O.G.L.R.F.
submission is that private in kind contributions constitute at least 50% of the total amount requested.
City Staff is pleased to announce that Hydro International Limited of the United Kingdom have
donated $100,000 to the project by providing a Combined Sewer Overflow treatment unit at or
below cost. It is anticipated that two other manufacturers will also contribute financially.
City Staff was pleased to receive a letter indicating the O.G.L.R.F.'s support of the project on July
4/2003. The letter indicated that a formal and public funding announcement of their contribution
of $ 350,000 would be made in the near future.
The net benefits to the Corporation by virtue of the project and the associated funding are as
follows.
A permanent solution to the issue of overflow to the Niagara River via the Hydro
Canal will be provided for less than 10% of the anticipated cost orS 5,000,000.
The long term cost for the operation of the facility versus the storage option will be
significantly lower.
It is forecast that the City of Niagara Falls will only contribute 25% of the capital and
evaluation costs for the project. The bulk of the anticipated cost will be borne by
other agencies.
It is anticipated that City and Regional Staff will retain an engineering consultant in the very near
future for this project. In order to expedite the project, City Staff requests permission to directly
appoint the said consultant as the total cost to the City will be below that outlined in the guidelines
for direct appointment of a consultant.
August 1 l, 2003 - 3. MW-2003-136
Council's concurrence with the recommendation is requested.
Prepared by:
David Watt, OLS OLIP
Manager of Infrastructure
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Director of Municipal Works
V:X2003COUNCIL\030811WIW-2003-136Ontario Great Lakes Renewal Foundafion.wpd
The Cify of
Niagaro
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafails.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city, niagarafalls.on.ca
PD-2003-71
Doug Darbyson
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-71, Zoning By-law Amendment Application
AM-21/2003, 4841 Simcoe Street
Owner: Douglas and Barbara Peck
Proposed Bed & Breakfast Accommodation
RECOMMENDATION:
It is recommended that Council approve the requested Zoning By-law amendment application to
permit an existing single detached dwelling at 4841 Simcoe Street to be used as a tourist home (bed
and breakfast accommodation) containing no more than three bedrooms for tourists.
BACKGROUND:
Proposal:
Douglas and Barbara Peck have requested an amendment to Zoning By-law No. 79-200 to permit
the existing dwelling at 4841 Simcoe Street (see Schedule 1) to be used as a tourist home (bed and
breakfast ) containing up to three bedrooms for tourists. Refer to Schedule 2 for the details of the
property.
The land is currently zoned Residential Single Family and Two Family (R2). The R2 zoning is
requested to be amended site specifically to permit a dwelling on the land to be used as a tourist
home containing up to three bedrooms for tourists.
Surrounding Land Uses:
The subject land is bordered to the east by commercial uses along Victoria Avenue and mainly single
detached dwellings to the west.
l~orking Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal · Planning & Development
August 11,2003 - 2 - PD-2003-71
Circulation Comments:
Information regarding this application was circulated to City departments, government agencies and
the public for comment. The following comments have been received:
Regional Municipality of Niagara -
The land lies within the Niagara Falls Urban Area
Boundary according to the Regional Policy Plan. The
proposed bed and breakfast establishment appears to be a
small-scale home occupation use that would not have a
detrimental impact on the surrounding area. The Region
is not opposed to the approval of the proposed Zoning By-
law amendment from either a Regional or Provincial
planning perspective.
Municipal Works
The existing road and services are adequate to service the
proposal.
There are no conditions to impose on the application.
Parks, Recreation & Culture
No comments.
Planning Review:
The following is a summary of staffs assessment of the application:
1. The proposal complies with the intent and purpose of the Official Plan.
The subject lands are designated Residential in the Official Plan. Lands under this
designation are intended to be used primarily for dwelling units. Bed and Breakfast
accommodations are permitted within owner-occupied homes where they are considered to
be compatible with the residential neighbourhood. Establishment of these facilities is to be
regulated as to their location, size and traffic generation to minimize potential disturbances
to adjacent properties and to protect the character and identity of the overall neighbourhood.
The proposed bed and breakfast conforms with the Official Plan as follows:
The site has convenient access to nearby tourist areas and abuts a general commercial
area to the east that provides various services.
The property is of sufficient size to accommodate the bed and breakfast, the required
parking and amenity space.
The residential character of the property and neighbourhood will be maintained.
Providing the required parking in the rear yard will maintain the streetscape. The
parking will be accessed via an existing right-of-way on the neighbouring property
and via the existing driveway. Minimal new site works would be required to provide
the required parking and much of the rear yard will be landscaped. The existing
close-board fence will assist in screening the parked cars in the rear yard.
The property has convenient access from Victoria Avenue, thereby minimizing
traffic infiltration into the residential area. Additionally, the bed and breakfast with
three bedrooms for tourists would generate minimal traffic.
August11,2003
2.
-3- PD-2003-71
The requested amendment is appropriate for the site.
The property is zoned R2. The applicant has requested site specific provisions to be added
to the R2 zoning to permit a three room bed and breakfast. No changes are proposed to the
existing development standards and setbacks. The site would continue to conform with the
intent of the existing zoning and would be maintained in a manner that is appropriate with
the surrounding area.
CONCLUSION:
The requested amendment can be supported because the proposal is within the intent and purpose
of the Official Plan respecting bed and breakfast accommodations.
Prepared by:
Andrew Bryce
Planner 2
Recommendedby:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AB:pb
Attach.
S:~PDR~2003~PD2003-71, AM-21-03, 4841 Simcoe St.wpd
Respectfully submitted:
.~ John MacDonald
Chief Administrative Officer
SCHEDULE 1
LOCATION MAP
Subject Land
Willmott Street
Armoury Street
Location:
Amending Zoning By-law No. 79-200
4841 Simcoe Street
AM-21/2003
Applicant: Douglas and Barbara Peck
NIA~A
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-maih plan@regional.niagara.on.ca
July 23, 2003
Doug Darbyson, MCIP, RPP
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
File: D.10.M.11.23
Planning
Dear Mr. Darbyson:
RE:
Zoning By-law Amendment Application
4841 Simcoe Street
Douglas and Barbara Peck
City of Niagara Falls
Your File: AM-21/2003
This application proposes to amend the City's Zoning By-law to allow an existing single
detached dwelling to be used as a tourist home (bed and breakfast) containing up to
three bedrooms for tourists.
This Site is within the Niagara Falls Urban Area Boundary according to the Regional
Policy Plan and designated Residential in the City's Official Plan. The proposed bed
and breakfast establishment appears to be a small scale home occupation use that will
be provided within an existing residence. This should maintain the character of the
surrounding area without any detrimental impact. The City, however, may have more
specific requirements that should be regarded. 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 applica
Yours truly,
David J. Farley
Director of Planning SerVices
C: Councillor Bill Smeaton
M:\MSWORD\PC\N Fzbla\SimcoeSt Peck.doc
RECEIVED-
JUL 2 8 2003
PLANNING
& DEVELOPMENT
The City of
Niagara Falls
Canada
Corporate Services Department
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city,niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
planning@city.niagarafalls.on.ca
PD-2003-72
Doug Darbyson
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
PD-2003-72, Zoning By-law Amendment Application
AM-26/2003, 8123 Young Road
Owner: John and Carrie Bouw
Proposed Restriction to Agricultural Uses
RECOMMENDATION:
It is recommended that Council approve the zoning by-law amendment application to preclude a
single detached dwelling from being constructed on the land.
BACKGROUND:
John and Carrie Bouw have requested an amendment to Zoning By-law No. 1538/1958 for a portion
of their land known as 8123 Young Road and shown on Schedule 1. A consent application
(B10/2003/NF) to dispose of a 3.63 acre parcel with the existing dwelling (Part 1) and to retain the
subject 10.96 acre (4.44 ha) parcel (Part 2) for continued rural/agricultural use was appealed by the
Regional Municipality of Niagara because it did not conform to the Regional policies regarding farm
retirement and infill lots. The amendment is requested to satisfy the Regional Municipality of
Niagara's condition for the withdrawal of the appeal. Refer to Schedule 2 for the details of the
development.
The land is currently zoned Rural Agricultural which would permit a single detached dwelling to be
constructed on the land in addition to agricultural pursuits. The amendment is requested to site
specifically preclude any dwelling from being erected on Part 2, as shown on Schedule 2. No
changes are proposed to Part 1.
Surrounding Land Uses
The land is surrounded mainly by farms and wooded areas with some single detached dwellings.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal · Planning & Development
August t 1, 2003 - 2 - PD-2003-72
Circulations Comments
Information regarding this application was circulated to City departments, government agencies and
the public for comment. The following comments have been received:
Regional Municipality of Niagara
The lands are designated Good General
Agricultural by the Regional Policy Plan.
With a rezoning to restrict the use of land
to agricultural purposes only (prohibiting
a dwelling on Part 2) and additional
information supplied by the applicant, the
Region is satisfied that the related consent
conforms to the Regional Policy Plan and
provincial policy and is prepared to
withdraw its appeal of the consent once
the amending by-law is in force.
Thc Region is not opposed to the approval
of the proposed amendment from a
regional or provincial planning
perspective.
Municipal Works
Required the dedication of a 7-metre by 7-
metre daylight triangle at the comer of
Young Road and Misner Road, as a
condition of the consent. No additional
comments on the Zoning By-law
amendment.
Planning Review
The proposal conforms to Council's latest intent for the land and to the Regional Policy
Plan.
The City does not have approved Official Plan policies for this land. The Rural/Agricultural
policies proposed by the City for this area are deferred. The main permitted uses anticipated
by these deferred policies are a variety of agricultural operations, forestry, conservation and
farm related residential dwellings. Had the policies not been deferred, they would have
permitted consents for the disposal of surplus farm dwellings.
Due to the deferral of these policies, the City must rely on Regional Official Plan policies.
Regional policies would permit the severance of the surplus farm dwellings provided that:
The remnant parcel of land is large enough to function as a significant part of the
overall farm unit; and
The remnant farmland parcel is zoned to preclude its use for residential purposes.
August 11, 2003 - 3 - PD-2003-72
The owner intends to use the land for agricultural purposes in conjunction with their existing
farm to the north of the subject land. The Region is satisfied that in combination with this
other land a viable farm operation will continue. Precluding a dwelling from the subject
lands will ensure the land continues to be used as part of a larger farm unit and ensure
conformity with Regional policy and the City's intended Official Plan policies.
2. The requested amendment is appropriate for the site.
The current zoning would permit a single detached dwelling, agricultural uses and associated
uses including an animal hospital, veterinary establishment and the storage of farm
machinery on the proposed parcel. The amendment will prohibit any dwelling from being
built on the parcel. The remaining permitted uses would be agricultural uses and uses
complementary to agriculture.
CONCLUSION:
The requested amendment can be supported because precluding a dwelling from the land would
bring the related consent application into conformity with the deferred Official Plan policies and the
Regional Official Plan policies regarding consents for the disposal of surplus farm dwelling lots.
Prepared by:
Andrew Bryce
Planner 2
Respectfully submitted:
'~ John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AB:gd
Attach.
S:~PDRL2003~PD2003-72, AM-26-03, 8123 Young Road.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
~ ¥ ~ung F Joad [
Amending Zoning By-law No. 1538 (1958)
Location: East Side of Misener Road, North of Young Road
AM-26/2003
Applicant: John and Carrie Bouw
I :NTS
SCHEDULE 2
, ~ +1
~ 0 D-
/
IMPERIAL NOTE
~g ~[eO REGIONAL MUNICIPALITY OF NIAGARA
NIA~A
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara
3550 Schmon Parkway, P,O. BOX 1042
Thorold, Ontario L2V 4T7 I ~ Planning
Scanned
Telephone: (905) 984~3630 File: .7.-O*'Jl~ L~
Fax: (905) 641 ~5208
E~maih plan@regional.niagara.on.ca v/CL.E ~ 5 P.~,.
July 22, 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:
RE:
Zoning By-law Amendment Application
East Side of MIsener Road, North of Young'Road
John and Carrie I~ouw
City of Niagara Falls
.Your File: AM-2612003
This application is necessary to satisfy a requirement of the Region in conjunction with a
recent consent application (BIO/2OO3/NF) approved by the Committee of Adjustment.
The proposed zoning by-law amendment will rezone approximately 10,96 acres of
agricultural land to preclude the construction of a dwelling
These lands are situated outside of the Region's Urban Area Boundary for Niagara Falls
and shown as a Good General Agricultural Area in the Regional Policy Plan. The
applicants submiffed a consent application earlier this year to convey a portion of their
property (shown as Part 1) with an existing dwelling to their son, The application was
not submitted as a farm related severance and did not meet the infill residential lot
criteria of the Regional Policy Plan and Provincial Policy Statement. As a result.
Regional Planning staff appealed the decision of the Niagara Falls Commiffee of
Adjustment to approve the consent application,
The applicants have now provided additional information that demonstrates that they
can be considered bona fide farmers and that the severance would be for a surplus
farm dwelling. The Region has agreed to withdraw the appeal once a Zoning By-law
amendment has been approved by the City to provide that the remnant farm parcel is
zoned for agricultural purposes only. This will preclude the construction of another
dwelling and ensure that there is a commitment to continue farming these lands. This is
necessary to meet the objectives of the Regional Policy Plan and ProvinCe.
Statement ....
................. PLANNING
2
For these reasons, 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,
ector of Planning Services
C:
Councillor Bill Smeaton
Bill Stevens, Regional Public Works
M:'~MSWORD~PCU~IFzbla\¥o~ngP. d Boaw. do¢
The City of 'llJil
Niagara Fa,sJJij'
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-2003-74
Doug Darbyson
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members ofthe Municipal Council
City of Niagara Falls, Ontario
Members:
Re'-
PD-2003-74, Zoning By-law Amendment Application
AM-27/2003, 5629 Slater Avenue
Applicant: Rosa Garofalo
Agent: Tony Garofalo
Proposed Concrete Contractor's Shop
RECOMMENDATION:
It is recommended that:
1)
Council approve the requested Zoning By-law amendment application to establish a concrete
contractor's shop within the existing building at 5629 Slater Avenue; and
2)
the amending by-law include a provision to prohibit the outside storage of construction
materials.
BACKGROUND:
A Zoning Byilaw amendment is requested for the land known as 5629 Slater Avenue, as shown on
Schedule 1. The amendment is requested to permit the establishment ora concrete contractor's shop
within the existing building. A survey sketch is attached as Schedule 2.
The land is currently zoned Deferred Tourist Commercial (DTC). Site specific provisions are
requested to add a concrete contractor's shop within the existing building as a permitted use under
the DTC zoning.
Surrounding Land Uses
Surrounding the subject lands is a mixture of residential, industrial and commercial land uses.
Residential uses predominate to the west. The Kraft factory is located directly east across Slater
Avenue.
Working Together to Serve Our Community
Clerks Finance · Human Resources Information Systems · Legal Planning & Development
August11,2003 -2- PD-2003-74
Circulation Comments
Regional Planning
Although not the most desirable location for
the proposed use, the shop will occupy a non-
residential building and may not have a
significant impact on the neighbourhood.
· Municipal Works
No objections.
· Parks, Recreation & Culture
No objections.
Planning Analysis
1. The proposed use satisfies the non-complying policies of the Official Plan.
The subject property is designated Tourist Commercial in the Official Plan and is located
within the Clifton Hill subdistrict. As noted above, the area has a mix of non-tourist
commercial uses. The intent of the Official Plan is that, over time, these non-tourist
commercial uses should be replaced by tourism uses. In the interim, these non-tourist
commercial uses can continue to exist. Until November of last year, an electrical contractor
had operated on the subject property. By virtue of the Deferred Tourist Commemial (DTC)
zoning of the property, the electrical contractor is a permitted use because the DTC zone states
that "...a use which is lawfully being carried on the date of the passing of the (Zoning) By-
law..." is permitted. Such uses are considered by the Official Plan non-complying uses
because, although the use is legal, it does not comply with the Official Plan designation.
The Official Plan prescribes four criteria that are to be met when zoning a non-complying use.
The proposed concrete contractor' s shop is similar in nature to the electrical contractor's shop
and generally meets the Plan's criteria as follows:
The zoning will not permit any change of use or performance standard that will
aggravate any situation detrimental to adjacent complying uses.
The proposed concrete contractor's shop will operate within the existing building with
trucks and backhoes being parked inside a fenced compound. The fencing is in excess
of 6 feet in height and should obscure the vehicles fi.om view. In order to lessen the
impacts on surrounding uses, it is recommended that the outside storage of
construction materials be prohibited.
The use does not constitute a danger to surrounding uses and persons by virtue
of a hazardous nature, the traffic generated, or other nuisance.
The proposed shop should not constitute any danger to neighbouring properties as it
is not hazardous by nature nor will there be an increase in traffic generation.
The use does not contribute to any urban renewal problem by virtue of being
associated with the deterioration of buildings and the lack of maintenance or
property.
The property has recently been improved with the construction of the perimeter
fencing around the property and the landscaping of the boulevard.
August11,2003 -3- PD-2003-74
The use does not interfere with desirable development in adjacent areas that are
in conformity with this Plan.
The use should not interfere with the progression of tourist development any more
than the other non-tourist commercial uses in the area.
The requested amendment is appropriate.
The proposed concrete contractor's shop is proposed to be included as a permitted use, site
specifically, under the current DTC zoning. Such a request is reasonable as this will retain
the DTC zoning, thereby not interfering with the long term expansion of the tourist section
and at the same time permitting the use. It is recommended that the by-law also include a
provision to prohibit the outside storage of construction materials. Should Council deem it
appropriate, a site plan agreement, with neighbourhood involvement, could be required for
an additional safeguard.
CONCLUSION:
In conclusion, the requested Zoning By-law amendment for a proposed concrete contractor's shop
can be recommended for approval because:
· the proposed use is not dissimilar to the previous electrical contractor's shop;
the proposal should not aggravate any current detrimental situation with, or create any danger
to, abutting properties;
the property has been recently improved and vehicles will be stored within a fenced
compound; and
the proposed use will not interfere with the progression of tourist commercial uses into the
area.
It should be noted that the concrete contractor's shop has recently opened its operations. Council
should have regard to any concerns or comments area residents may have in considering the merits
of this application.
~-"~ley '
Planner 2
Resp.ect~fully ~submitted:
JoJM~acDo~nald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:gd
S:~PDR~2003~PD2003-74, AM-27-03, 5629 Slater Ave,wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Amending Zoning By-law No. 79-200
Location: 5629 Slater Avenue
AM-27/2003
Applicant: Rosa Garofalo
1 :NTS
SuHEDULE 2
E~4-7
,.S Z_ ,q
RECEIVED
JUN 2 6 2003
PLANNING
, & DEVELOPMENT
NIA A
July 28, 2003
PLANNING AND DEVELOPMENT DEPARTMENT
The Regional Municipality of Niagara -- '"
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: (905) 984-3630
Fax: (905) 641-5208
E-mail: plan@regional.niagara.on.ca
Doug Darbyson
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
D.10. M.11.23
Dear Mr. Darbyson:
RE: Zoning By-law Amendment Application
5629 Slater Avenue
Rosa Garofolo
City of Niagara Falls
Your File: AM-27/2003
This application proposes to amend the City's Zoning By-law to permit a concrete contractor's
shop within an existing building.
The property is situated within the Niagara Falls Urban Area Boundary according to the
Regional Policy Plan and is designated Tourist Commercial in the City's Official Plan. The site
is also within the Centre Area Community Improvement Area. An older industrial district is
located on the east side of Slater Avenue that is adjacent to a residential neighbourhood. The
proposed contractor shop is considered to be a Class I industrial use according to Ministry of
the Environment guidelines for compatibility between industrial facilities and sensitive residential
uses. Although this is not the most desirable location for this type of activity, the proposed shop
will occupy an existing non-residential building and may not have a significant impact on the
neighbourhood if it is used for the storage of equipment. The owner has also added fencing
around the perimeter of the property to screen any outdoor storage.
The City, however, should be satisfied that this use is appropriate and that it can be compatibly
established given the Tourist Commercial and Community Improvement Area policies that affect
this district. If the City supports the proposed zoning amendment, it should consider the
approval of a temporary use by-law in order that long range policies of the Official Plan are not
compromised. This could include any special restrictions and would allow the City to further
consider this development once the temporary period has expired.
Please send notice of City Council's decision on this matter.
Yours truly,
Director of Planning Services
C: Councillor W. Smeaton
M:\MSWORD\PC\NFzbla\5629 Slater Ave.doc
RECEIVED
JUL 2 9 2003
PLANNING
& DEVELOPMENT,
Niagara
Corporate ~arvicee 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.nlagarafalls.on.ca
PD-2003-73
Doug Darby$on
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
PD-2003-73, Official Plnn & Zoning By-law Amendment Applications
AM-20/2003, Lands on the We~t Side of Ailanthus Avenue
Applicant: Niagara 21" Group Inc.
Agent: Italia Gilbertl, Solicitor
Proposed Parking Lot
RECOMMENDATION:
It is recommended that: * THAT THE APPLICATION BE APPROVED.*
1) Council maln~g progr~T~iring t~excial
m~9~¢er to ens~~t~oe~ not inf~ential are~d~ersc~y
./a/Yect the q~enjoycd(~y_~esi~d~cnts; ~ ~_~'~
2)
Com??.il d/~ef~ppli~~ the Oit~'~~nin~g~ pmpo~g
to uti ~/~esi.d~l~ds f_or.to .un~ commer?i~a-~, employe~addn~purp~s
./and policiesv~x~f~adopted by Coun~ir'[o guide the common of these ~,~o~als. ~L
BACKGROUND:
The Niagara 21't Group has r~quested Official Plan and Zoning By-law amendments to:
site specifically permit the establishment of a phased 20 acre tourist commercial parking lot
accommodating 1360-1,650 parking spaces within a residential neighbourhood to
Working Together to Serve Our Community
Clerks . Finanoe · Human Resources Information Systems · Legel . Planning & Development
August 11, 2003 - 2 - PD-2003-73
accon'unodate both patron and employee parking for their hotels and restaurants located in
the Central Tourist District; and
permit the development of 14 lots for single detached dwellings in an attempt to reduce the
impact of the proposed parking lot on a portion of the neighbourhood.
Initially the parking lot was primarily proposed to serve those employed in the tourist area by the
Niagara 21st Group. Now only 440 of the 1,650 spaces are to be used for employees. The remaining
1,210 spaces are proposed to serve Niagara 21st Group's current and future developments. The
reduction in the number of employee spaces is purported to limit the extent of road improvements
that will be required of the applicant.
The proposed parking lot is located on the west side of Ailanthus Avenue with two narrow frontages
on Dunn Street. The parking lot is proposed to be married through policies and zoning to seven
other properties owned by the Niagara 21't Group. This would eliminate the need for any of the
required parking to be provided on these seven properties and allow it to be provided on the new
super-sized parking lot instead. These seven properties include the Marriott Fallsview Hotel,
Embassy Suites Hotel Niagara, Niagara Falls Courtyard By Marriott (including two additional 30-
storey hotels), a Victoria Avenue retail plaza, TGI Fridays restaurant, proposed Keg restaurant, and
vacant lands on Dunn Street and Fallsview Boulevard, all shown on Schedule 1. Details of the
proposed parking lot, a 30,000 sq. ft. security/employee services building, the residential lots and
the measures proposed to be employed to mitigate the effects of the parking lot are shown on
Schedule 2.
Supporting Documents
Thc applicant has submitted a planning report, three traffic impact studies and various other reports
in order to provide justification for the proposal. The planning report has been attached for
Council's information.
Circulation Comments
Information regarding the application was circulated to City departments, government agencies and
the public for comment. Thc following comments have been received.
· Ministry of the Environment
· Has concerns respecting the conclusion of the odour assessment study.
· Regional Planning & Development
· Has a number of community planning concerns with the proposal.
· Is not in keeping with the proposed Smart Growth policies.
· Municipal Works
,- Transportation Planning
Recommends that Council deny the application.
August11,2003 -3- PD-2003-73
Tourist traffic will infiltrate into a Residential area.
There is a fundamental concem regarding the regulation and enforcement of
valet parking versus employee parking.
Significant impacts will be experienced at the intersections of
Dunn/Ailanthus and Dunn/Drummond.
The City will suffer a substantial loss in revenue fi.om development charges.
· People Mover Project
The Director of the People Mover Project, Mr. Edward Lustig, has prepared
a memorandum, a copy of which is attached hereto, respecting this
application vis a vis the People Mover Project. His comments are not
opposed to the application provided that the conditions referred to in his
memorandum are attached to any approval in order to protect the potential
revenue stream of the project as well as the Cit's investment in the project.
· Parks, Recreation & Culture
· No objections from a parks and recreation perspective.
· Building & By-law Services
All required permits to be obtained prior to construction
Further Ontario Building Code comments to be addressed at site plan approval.
Planning Analysis:
Staff has analyzed the application as to its compliance with the Official Plan. The Plan contains the
following criteria for amendments to the Official Plan. What follows is a summary of staffs
assessment.
1. The conformity of the proposal to the general objectives of the Official Plan.
The proposal does not conform to the general objectives of the Official Plan. The City's
planning program for the lands designated Tourist Commercial encourages a compact urban
form. In order to accomplish this, high-rise hotels and other major developments are
encouraged to construct parking structures, so that land that would otherwise be used for
surface parking can be used for buildings that engage the tourists. Moreover, an integrated
visitor circulation system is envisaged for the City that will accommodate large numbers of
visitors. Within this context, the Official Plan states that large parking facilities shall be
strategically located at major attractions where tourists can easily use other modes of travel,
including walking to reach a range of tourist destinations. The fundamental premise behind
these policies of the Official Plan is that sufficient parking for developments is to be
provided on-site. In addition, the Official Plan further states that tourism development shall
not adversely affect the quality of life enjoyed in residential neighbourhoods. Clearly, to
propose a parking lot on residential land is inappropriate and departs significantly from the
Tourist Commercial planning program.
August 11,2003 - 4 - PD-2003-73
Development within the Residential designation is to occur in a manner which is compatible
with the surrounding neighbourhood. The intent of the Residential policies is to create and
ensure pleasant living conditions and a high quality of life. In addition, residential lands are
to be protected from any adverse effects of growth. A 20-acre parking lot serving the
business needs of a hotelier is not considered a compatible land use within a residential
neighbourhood.
The proposal to establish a tourist commercial parking lot in a residential area is
unprecedented and should not be approved. Otherwise, all residential lands in close
proximity to the tourist core will be subject to development pressures.
Suitability of the site or area for the proposed use, especially in relation to other sites
or areas of the City.
The proposal to construct a 20 acre parking lot is a completely inappropriate land use for a
residential area because:
The lands have long been part of the City's serviced residential land supply. They
can be readily developed for housing close to the tourist core. As such, it is within
the public interest for the lands to be maintained for residential purposes.
Regional Niagara has a number of community planning concems with this
application. These concerns relate to the application of Smart Growth principles.
The proposal is not in keeping with a number of the proposed policies, specifically:
Local municipalities shall emphasize development in areas that are vacant,
underutilized or abandoned in an effort to strengthen the existing
environment.
To enable further development of existing urban areas to create attractive,
liveable and sustainable neighbourhoods; encourage walking, cycling and
transit use; reduce air pollution and more efficiently use existing services,
land and infrastructure.
To promote well-designed infill, intensification and redevelopment that will
effectively maximize the use of existing community and servicing resources
and strengthen the existing community fabric.
The developer has suggested that the land would be developed for up to 700 low-
income housing units. This is untrue. If developed in accordance with the Official
Plan and the pattern of the surrounding area, approximately 225 dwelling units could
be built.
Compatibility of the proposed use with adjacent land use designations and natural
resources.
Development on Residential lands is to occur in a manner that is compatible and sensitive
to the surrounding neighbourhood. The intent of the policies is to create and ensure pleasant
living conditions and a high quality of life. The proposed parking lot is an incompatible land
use because:
August11,2003 -5- PD-2003-73
Non-residential uses that are compatible with a residential neighbourhood are usually
small-scale and normally provide a service to the neighbourhood. A parking lot
equivalent in size to the one for the Walmart/Home Depot development that services
the business needs ora tourist operator is not a use that can be considered compatible
in any way.
The proposed parking lot will not be integrated with the existing neighbourhood,
unlike a residential development. A residential development can be designed to
integrate compatibly with the existing area in terms of density, lot sizes, building
heights and road configuration. Staff has worked with previous
landowners/developers to design plans that would have blended in with the
neighbourhood character. The proposed parking lot cannot possibly be integrated
with a residential environment due to its very nature and operation.
The following mitigation measures, which are an attempt to make an incompatible
use tolerable, are extraordinary measures to be introduced into a residential area.
These mitigation measures include:
an acoustical barrier, 15 feet high, of a decorative masonry nature is to be
erected around the perimeter of the property;
wherever possible, planting strips shall be located between the acoustical
barrier and existing residences;
the planting strip along the north property line shall range in width from 7.0
metres (23 feet) to 12 metres (40 feet);
the planting strip along the westerly property line, north of Collins Drive shall
be 7.6 metres (25 feet) in width;
landscape islands be established at the throat of the driveways to assist in
masking sightlines from Dunn Street into the parking lot;
tree planting will occur in the CB Wright Park; and
the S ecurity/Employee Centre has been located internal to the site close to the
primary driveway.
Sound barriers of such a height are only found adjacent to highways. Moreover, the
Ministry of Environment (MOE) has stated the walls will provide limited odour
protection; in fact odour will be concentrated immediately downwind of the baniers.
The applicant's planner states that the Residential designation is to be retained to
permit the lands to be developed for residential purposes in the future. While this
may be true in a theoretical sense, practically, given the extent of construction and
investment, it is unlikely that the lot would ever be removed. The lot will be in
existence for the long term, thus resulting in long-term impacts on the surrounding
lands.
August 11, 2003 - 6 - PD-2003-73
The need and market feasibility of the proposed use.
There is no need for the proposed development. Niagara 21st initiated this exercise and
continues to purport that the parking lot will serve its employees. However, it has made
application for the lot to not only serve employees but patron parking, the latter as an
alternate to satisfying Zoning By-law requirements for its individual developments.
The parking requirements for the tourist development should be met within the context of
the approvals that have been granted to date, specifically by constructing a parking structure
on lands on the north side of Dunn Street (Parcel 6). A further parking structure is proposed
for the Marriott Courtyard lands (Parcel 4) where it is proposing two 30-storey hotels and an
1 l-level parking structure. The applicant has stated it has no desire to build the structure on
Dunn Street and that it may not build the structure on the Courtyard lands. Having no wish
to comply with zoning regulations does not constitute need nor hardship.
This scenario is exactly the same as what has occurred with the Hilton Hotel. The Hilton
was initially proposed with on-site parking, then later with off-site parking when the
developer chose not to building the parking structure. Council has recently decided only to
grant a temporary use by-law for the off-site parking in order to compel the developer into
building an on-site parking structure.
In both cases, the developer has proposed to construct parking structures to provide parking
and then, as the hotel construction has progressed, only to abdicate its responsibility in
building the parking structures. The current proposal also calls into question the developer's
intent to build the parking structure on the Courtyard lands. By not building the structures,
the hotel lands are freed up for the applicant to overdevelop the lands with further hotels and
related uses.
Once on-site facilities are built, Niagara 21st's only need is to supply the 440 employee
parking spaces. This can be accomplished by either providing on-site parking within the
parking structures or off-site on a property far lesser in size and appropriately located.
The extent to which the existing areas of the City designated for the proposed use are
developed or are available for development.
Alternatives are available. The obvious alternative is for the applicant to build the parking
structure on Duma Street and the proposed structure on the Courtyard lands. This will satisfy
the applicant's need for the parking required for its developments. Also, 440 employee
parking spaces can be located within these structures. If however, an off-site location is
desired for employees, there is sufficient land within the Tourist Commercial area for such
a parking lot. The inventory of Tourist Commercial lands is not exhausted. A parking lot
is a permitted use. If other lands outside the tourist area are desired, then Niagara 21st should
follow the example of Casino Niagara and locate the parking lot in an industrial area.
The availability of adequate municipal services and facilities for the proposed use and
its impact on the transportation system, community facilities and natural environment.
There will be traffic impacts. Municipal Works has reviewed the ti'tree traffic impact studies
submitted and is recommending that the application be denied. The staff memorandum is
attached. Their comments are summarized as follows:
August 11, 2003 - 7 - PD-2003-73
Tourist commercial traffic will infiltrate this Residential area. This is a continuing
problem where Residential areas are close to Tourist Commercial areas. Staffhas
had to resort to heavy vehicle restrictions, unwarranted stop signs and traffic calming
to stop the traffic infiltration. The best Solution is to confine tourist traffic to the
tourist core.
Staff is concerned that significant impacts will occur at the Dunn Street / Ailanthus
Avenue and Dunn Street / Drummond Road intersections despite the conclusions of
the applicant's traffic consultants.
The Director of the People Mover Project has also commented, raising concerns
about the lot's possible use as a commemial parking lot.
7. The financial implications of the proposed development.
The City will suffer financial loss. Municipal Works and Finance have assessed the
application with respect to the loss of revenue regarding development charges and tax
assessment. Approximately $132,000 would be collected in development charges for the
parking lot. For 225 single-family houses $1,440,000 would be collected. The City will also
lose approximately $100,000 per year in tax assessment.
CONCLUSION:
The unparalleled level of development activity in the City's Tourist Core is having numerous
ramifications. One is that tourist traffic is infiltrating residential areas and adversely affecting the
quality of life enjoyed by residents. Various restrictions and road closures are being contemplated
in an attempt to curb this. Another ramification is that land values in the Tourist Core have risen to
the point where developers would rather provide their required parking spaces off-site in surface lots
on less expensive land than build parking structures on-site. The increasingly important issue of
"off-site parking" is currently being addressed through the City's Tourism Policy Review. The
review should be completed in several months.
Niagara 21 st Group's proposal to construct a 20 acre parking lot within an established residential area
to serve its various current and future tourist commercial developments is unprecedented.
Historically the City has relied on the Hydro transmission corridor, west of Stanley Avenue, to serve
as a physical separator between the core tourist area and the adjacent residential areas. Staff
recommends that Council maintain its planning program of requiring tourist commemial
developments and their required parking facilities within the City's Tourist Districts to minimize
adverse impacts and maintain the quality of life employed by the City's permanent residents. Staff
also reconunends that Council deny the application due to the precedent setting nature of the
proposal and its departure from good land use planning principles. Regional Planning staff concurs
with the stated concerns nothing that the proposal is not in keeping with the Region's Smart Growth
objectives and Provincial Policy.
The applicant has requested that Council grant an exception to the City's planning program for
strictly financial reasons. Approval of the application will relieve Niagara 21st Group from their
current obligation to provide on-site parking for all of their current developments and any future
developments allowed on the same site. While Niagara 21st Group has attempted to address real and
August11,2003 -8- PD-2003-73
potential impacts of the proposal with untypical mitigation measures, it continues to be contrary to
fundamental objectives of the City's Official Plan. The parking lot is not an appropriate use of
serviced Residential land and would be incompatible with the existing and future residences in the
neighbourhood. There is no real need to build the parking lot in this location. Parking requirements
for patrons can be met within the tourist core. Parking spaces for employees can be met either in the
fringe areas of the tourist core or in nearby industrial areas. Other options such as the use of public
transit and the planned people mover system should be explored. Staffis convinced that there will
be traffic impacts and that the City will suffer financial loss if this proposal is allowed to proceed.
Council is not obligated to approve or deny the application. The issue of off-site parking is currently
being reviewed through the City's Tourism Policy Review. Furthermore, additional issues may arise
during the public meeting which Council may wish to have addressed more comprehensively. In
such case, C~fincil may wish to defer the application.
/#
er~ Respectfully submitted:
J~ .~ John MacDonald
Plarmbr 2 ~ Chief Administrative Officer
and
Ken Mech
Manager of Current Planning
Recommended by:
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
JB:KM:gd
Attach.
SSPDR~2003~PD2003-73, AM-20-03, West Side of Ailanthus-Parking Lot.wpd
SCHEDULE 1
LOCATION MAP
Subject Land
Location:
Amending Zoning By-law No. 79-200
I West Side o f Ailanthus Avenue
2 Niagara Falls Marriott Fallsview (6740 Fallsv/ew Blvd.)
3 Embassy Suites Hotel Niagara - Fallsview (6700 Fallsview Blvd.)
4 Niagara Falls Courlyard By Marriott (5950 Victoria Avenue)
5 Retail Plaza & T.G.I. Friday's (5930 & 5940 Victoria Avenue)
- contiguous lands north of 4 AM-20/2003
6 Dunn St. - Marriott Off Site Parking Lot
7 Proposed Keg (6505 Fallsview Blvd.)
8 Fallsview Blvd. beside Niagara Falls Marriott FallsvSew (6760 Fallsview Blvd.)
- contiguous lands south of 2
Applicant: Niagara 21st Group Inc.
1 :NTS
NIAGARA 21st GROUP INC.
AILANTHUS AVENUE PARKING LOT PROPOSAL
Revised ConCept Plan
LEGEND
SCHEDULE
PEOPLE OVER PRO/£ T
Edward P, Lustig
Director
4310 Queen Street
Niagara Falls, ON L2E 6X5 '
Tel: (905) 356-7521 Ext. 4203
Fax: (905) 358-3910
E-mail: elusUfl{~.city.niagarafalls,on.ca
N~c~g(]ro Foils ~1~1~_
Doug Darbyson
Director of Planning & Development
August 5, 2003
AM 20-2003/Niagara 21"t Group Inc.
- Ailanthus Avenue Parking Proposal
This memorandum is in response to your request for comments from me respecting the above noted
matter.
People Mover Project
As Council is aware, IBI has been engaged (at the expense of Falls Management Company) to
prepare a Parking Strategy supportive of the People Mover Project. Since approximately 90% of
visitors to Niagara Falls arrive in automobiles, it is essential for the economic viability of the project
that as many of these visitors as possible park their vehicles in parking areas that will serve the People
Mover Project - thereby converting "parkers" into "riders" of the People Mover System
Further, as Council is aware, in order to relieve the City of all risk in the development, operation and
maintenance of this project, it has been designed as a public/private partnership. As owners of the
lands comprising the ronte, the City, the Niagara Parks Commission and the Ontario Lottery and
Gaming Corporation are engaging the private sector to design, build, finance, operate and maintain
the project under a long-term Concession Agreement pursuant to a competitive transparent bidding
process (the "RFQ/RFP process"). The Concession Agreement would provide for the City to be
completely risk free. The successful "Concessionaire" would, at its sole expense and risk, provide
for the design, construction, financing, operation and maintenance of the project (subject to any
funding that may be obtained from senior levels of government) upon mutually acceptable business
terms providing, on the one hand, for the Concessionaire to accept all risks and costs and on the other
hand, for the Concessionaire to be entitled to an acceptable rate of return on investment for taking
on the risk. In order for this process to be economically feasible for the private sector to take on this
risk, given the level of technology that has been discussed (i.e., monorail or other high-end
technology) and given the fact that the City will not take on risk or underwrite losses or expenses,
ridership is crucial. Moreover, if steps are not taken to encourage ridership through supportive
parking policies, not only will the prospects of the project diminish bnt, as well, the City's investment
in the lands acquired therefor may be prejudiced.
P~NING MEEItNG~UG 1 1 2003
-2-
On April 7, 2003, I appeared before City Council to submit an information report in which the above-
noted scenario was reviewed. As well, at that time, the preliminary draft Parking Strategy as
approved, in principle, by the Steering Committee for the project was also reviewed with the Council
by Crregg Loane oflBI. Many of the same comments that were made by the writer and Gregg Loane
to Council on April 7, 2003 were also made by us at a subsequent Council meeting when the "Keg
application" was considered. Since that time, a number of events have occurred relative to the
project, including:
The RFQ/RFP process for the Project has proceeded to a point where an impressive 1/st of groups
have submitted Statements of Qualifications in response to our request for qualifications which
closed last June 17. This list is presently being reviewed to determine qualified respondents who
will be asked to proceed to the RFP stage of the process. The groups presently involved include
some of the most substantial companies doing public/private transportation projects worldwide.
The material filed by these companies included direct reference to the importance of a parking
strategy to sustain the viability of any actual proposal for this project that they may make.
Recently in conducting due diligence review of the City's application for a grant under the Federal
Government's Canada Strategic Infrastructure Fund for this project, representatives of the federal
departments of transportation and industry made it clear that they regard the implementation of
a supportive parking pohcy as an important component in their considerations for a grant.
IBI, Totten Sims Hubicki, and the writer have visited with each of the major private stakeholders
in the tourist area on an individual basis to discuss the drai~ Parking Strategy. In light of the
importance of the report, it was the writer's view that extensive consultations with interested
local parties were necessary. Accordingly, there have been over 10 such consultations and while
this exercise has delayed the final preparation of the report until September, it has been an
extremely worthwhile effort providing us with valuable input.
Our view is that it is crucial for the City to take all steps necessary to protect the potential revenue
stream for this project by not allowing the proliferation of parking spaces in the Fallsview area that
would be unsupportive of the project. This, however, clearly does not mean that developers of hotel
projects in the Fallsview area are to be discouraged from providing parking spaces in the Fallsview
area for their guests. The draft Parking Strategy has always contemplated that such parking
requirements would not be satisfied by the proposed northerly and southerly terminus people mover
parking lots since it would be unreasonable to expect that Fallsview area hotel guests would be
shuttled by the People Mover to their vehicles at Rapidsview or the proposed northerly lot.
Moreover, in reviewing comments that we received in our private sector consultations referred to
above from local stakeholders, including the owners of the above-noted property, we were impressed
by the argument that offsite hotel parking might not have a negative impact on the economics of the
People Mover Project but might actually be supportive. Their argument, in this regard, was that
people who park their vehicles at offsite locations to hotels that are located adjacent to a People
Mover station would be less likely to go back and get their cars to make trips in Niagara Falls than
they would be if their cars were parked onsite - thereby increasing the likelihood that these hotel
guests once parked offsite would use the People Mover System to travel to attractions in Niagara
Falls. We would, however, be greatly concerned if any such parking were developed for uses not
related to the hotels but instead became "commercial parking lots" unsupportive of the People Mover
Project.
-3-
Accordingly, our view is that if this application is approved by City Council it should be made subject
to conditions under which it is absolutely clear that the parking is only for guests and some employees
of the hotels as specified in the by-law and based on actual need and that no commercial parking
unsupportive of the People Mover Project would be permitted. Additionally, we would suggest that
any approval also be subject to a supplementary agreement (possibly as part of the site plan
agreement) to ensure that enforceable remedies are available to the City so that commercial parking
unsupportive of the People Mover Project does not occur on these lands. Both the by-law and the
agreemeat would have to be carefully drained to acK, eve the objectives and balance required. From
discussions we have had with the owners, this concept of parking only for actual guest and employee
needs of the hotels and not for commercial purposes unsupportive of the People Mover System is
acceptable since they have indicated they are not interested in developing a commercial parking lot.
We acknowledge that there are other issues related to this application including possible additional
congestion created by offsite parking, however, it is our hew while these conditions may be
undesirable fi.om a traffic perspective they are issues that should be spoken to by the City's traffic
experts.
Edward P. Lnstig ~/
Director People Mover Pro~j~
c: John MacDonald, Chief Administrative Officer
Tony Ravenda, Executive Director Corporate Services
Community Services Department
Municipal Works
Inter-Departmental Memorandum
To: Doug Darbyson Date: August 5 2003
Director of Planning & Development
From:
Subject:
Geoff Holman, C.E.T.
Manager of Construction
Ext.4219
AM-20/2003 - Niagara 21't Group Inc.
W/S Ailanthus, S/S Dunn Street
Proposed Parking Lot
Niogclro Foils
RECEIVED
AUG - 6 2003
PLANNING
& DEVELOPMENT
Municipal Works staff continue to have some difficulty supporting the above referenced application
based on the following technical issues.
1. Infiltration of Commercial Traffic into Residential Areas
There are many situations in our municipality where residents living adjacent to commercial
businesses are exposed to inconvenience, adverse environmental impact, and loss of privacy as a
result of non-compatible uses or inadequate buffering. From a more technical perspective, our staff
have been asked to determine appropriate mitigation measures to prevent the infiltration of
commercial traffic into the residential areas at considerable expense to the public.
We have had to address complaints on Ontario Avenue, Hunter Street, Terrace Avenue, Ferguson
Street, and most recently, Grey Avenue. Our inability to mitigate the impacts of business traffic,
delivery vehicles, and higher volumes of the development review stage have led us to reaction-
oriented solutions such as heavy vehicle restrictions, unwarranted stop signs, and traffic calming.
This application appears to follow the same path and, notwithstanding the recommendations
provided in the traffic consultants' reports, the best way to mitigate the impacts of tourist commercial
traffic is to physically confine it to the Tourist Core. Alternatives are available to the proponents and
in fact, have been approved in previous applications (i.e. parking garage).
2. Control and Enforcement of Hotel Parking Operations
A fundamental concern that staff have with this proposal is the regulation and enforcement of the
use of the parking lot for valet services and employees.
We are satisfied that the lot will not be used for commercial paid parking, however, we cannot
regulate through the site plan agreement where the vehicles will be coming from or going to with
any degree of certainty. The distinction between the use of the site for employees vs. valet services
is important when making assumptions about the origin of a vehicle trip. The proponent has
suggested that most of their employees are non-residents of the City which suggests that more trips
would use McLeod Road or Drummond Road to access the QEW or Hwy. 420 respectively. They
are less likely to travel through the busy Tourist Core unless it is the only available option.
Cont'd Pv~2..nnna
-2-
Since we cannot effectively regulate how the site is used, we do not accept the assumptions used by
the traffic consultants in support of the application.
Staffbelieve that there will be a more significant impact on the Dunn Streei / Drummond Road and
the Duma Street / Ailanthus Avenue intersections depending on how the trip assignments are made.
We have asked the proponent for an opportunity to discuss these matters with their traffic consultants
but we have yet to arrange a meeting for this purpose.
3. Development Charge Revenues
The proponent has taken the approach that they would optimize the number of parking spaces on the
property to the extent that no major roadway or traffic signal improvements would be warranted.
Based on their application and using the current 2003/2004 Development Charge rates:
30,000 sq.ft, of building ~ $1.41/sq.ft. = $ 42,300
14 single family homes ~ $6,411/unit = $ 89,754
Total $132,054
If the same property was to develop using the current density provided for in the Zoning/By-law and
the current 2003/2004 Development Charge rates:
225 single family homes ~ $6,411/unit = $1,442,475
Total $1,442,475
It should be further noted that a single family community of this size is expected to generate 227
trips in the p.m. peak hour while the proposed parking lot is expected to generate 562 trips in the
p.m. peak hour.
In comparison a residential development built to the current provisions of the zoning by-law will
generate 40% less traffic and over ten (10) times more Development Charge revenue. If this
application is approved, we expect immediate impacts to be felt and the City will have considerably
less financial resources with which to resolve the problems.
On the basis of these concerns, Municipal Works staff recommend that the current application be
denied.
Please contact this office if you require clarification of the foregoing information.
Geoff Hol~- C.':.T~
GH:lb
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report in support of an
application for Official Plan Amendment
and Zoning By-law Amendment
May 13, 2003
BLS P. lanning
Associates
Table of Contents
1 INTRODUCTION ............................................................................................... 1
2 SITE DESCRIPTION/SURROUNDING LAND USES ......................... 1
3 PROPOSAL ........................................................................................................... 2
3.1 PROPOSED OFFICIAL PLAN AMENDMENT ............................................................. 3
3.2 PROPOSED ZONING BY-LAw AMENDMENT .......................................................... 4
4 PLANNING REGIME .......................................................................................
4.1 PROVINCIAL POLICY STATEMENT ........................................................................ 6
4.2 REGIONAL POLICY PLAN ...................................................................................... 8
4.3 NIAGARA FALLS OFFICIAL PLAN ...................................................... ~ .................. 8
4.4 NIAGARA FALLS ZONING BY-LAW ..................................................................... 12
5 PLANNING ANALYSIS .................................................................................
5.1 SUITABILITY ...................................................................................................... 13
5.2 COMPATm~LITY ................................................................................................. 13
5.3 NEED ................................................................................................................. 16
5.4 ALTERNATIVE SITES .......................................................................................... 17
5. 4.1 Tourist Commercial Sites .......................................................................... 17
5.4.2 Industrial Designated Sites ....................................................................... 18
5.5 PEOPLE MOVER PARKING STRATEGY STUDY ..................................................... 19
5.6 TOURIST DISTRICT BOUNDARIES ....................................................................... 20
5.7 PUBLIC PARTICIPATION ...................................................................................... 21
5.8 OTHER SATELLITE PARKING LOTS ..................................................................... 23
5.9 SERXaCES ........................................................................................................... 24
5.9.1 Transportation .......................................................................................... 24
5.9.2 ~Vater ......................................................................................................... 26
5.9.3 Sewer ......................................................................................................... 26
5.9.4 Stormwater Management .......................................................................... 26
5.10 FINANCIAL IMPLICATIONS .................................................................................. 26
5.11 SITE PLAN CONTROL .......................................................................................... 26
6 CONCLUSION ................................................................................................... 27
]BLS Planning
Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
1 INTRODUCTION
Niagara 21st Group Inc. (hereinafter referred to as "Niagara 21st Group") has retained
BLS Planning Associates to prepare a planning report in support of an application to
amend the City of Niagara Falls Official Plan and Zoning By-law to facilitate the
development of a 1,360 stall satellite parking lot with an ancillary 2,800 m2 (30,000
square foot) security/employee centre and 14 single detached dwellings on lands
currently designated Residential. Figure 1 illustrates the preliminary site plan.
The satellite parking lot is to accommodate the needs of the Niagara 21st Group to
provide off-site parking to accommodate employee and valet parking for their facilities.
The establishment of the satellite parking lot, will be linked (or "married") to the
facilities of the Niagara 21st Group which includes the Marriott Fallsview located at 6740
Fallsview Boulevard, the Embassy Stfites Hotel located at 6700 Fallsview Boulevard, the
Marriott Courtyard located at 5950 Victoria Avenue, T.G.L Friday's restaurant and retail
plaza located at 5940 and 5930 Victoria Avenue, the proposed Keg located at 6505
Fallsview Boulevard, and vacant land beside the Marriott Fallsview located at 6760
Fallsview Boulevard.
It is noted that the vacant lands located at 6760 Fallsview Boulevard is included as it is a
component of the existing site plan agreement for the Marriott Fallsview hotel.
Figure 2 illustrates the various properties being linked with the Ailanthus parking lot.
Attached to this report is a preliminary site plan (Figure 1) which has been shaped by
input from area residents as a result of five neighbourhood information meetings, an
Environmental Noise Impact Assessment by HGC Engineering, an Air Quality Impact
Assessment by Ortech Environmental and three Traffic Analysis Assessments. Two by
Totten Sims Hubicki Associates and a third by Gall and Associates. Subsequent sections
of this report will detail the conclusions of the various reports as well as the public
participation program including site plan changes in response to issues raised.
2 SITE DESCRIPTION/SURROUNDING LAND USES
The subject development site is 8.9 hectares (22 acres) in size and has frontage along
Dunn Street and Ailanthus Avenue. The Ailanthus Avenue frontage is approximately
172.5 metres (566 feet). The Dunn Street frontage comprises two lots. A westerly 11.6
metre (38 feet) wide lot and an 18.8 metre (61.7 feet) wide lot located to the east.
BLS Planning
Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 2 of 28
The principle portion of the site is currently vacant and the lands are surrounded by an
existing single detached residential subdivision to the west, a mix of condominium
townhouses, single detached residential lots and two and three family dwelling units to
the north, a former Hydro corridor and a proposed municipal park to the south and
Ailanthus Avenue and a mix of residential development to the east.
The site is relatively flat.
The two residential properties acquired for site access fronting Duun Street presently
contain dwelling units.
3 PROPOSAL
The proposal is to permit the construction of a 1,360 stall satellite parking lot with access
onto Dunn Street and 14 single detached dwelling lots along the entire Ailanthus Avenue
frontage. Access to and from the parking lot will be via two driveways on Duun Street.
The most westerly access, which is indirectly opposite Ralph Street, is the secondary or
seasonal access and will accommodate only employee traffic during the peak season
(May, June, July, August and September). The most easterly access, located across from
Niagara College Maid of the Mist Centre is the primary access for valet and shuttle bus~s
traffic during the peak season. During the shoulder and winter season this access will be
used for all traffic into the site.
Two shuttle bus shelter areas will be located in the central portion of the site away from
the existing residential neighbourhood. In addition, a 2,800 m2 (30,000 square foot)
security/employee centre containing a security office, human resource office, corporate
office, storage area, employee lounge, washrooms, exercise room, daycare, change rooms
with lockers, a vending machine area and outdoor amenity areas is to be constructed in
the central portion of the site.
The proposed 14 single detached dwellings will have lot frontages ranging from 13.52 to
17.28 metres. Access to the proposed 14 residential lots will be provided by Ailanthus
Avenue, which is, a collector roadway intended to carry moderate volumes of short
distance traffic from local roads to major collector and arterial roadways.
It is noted the preliminary site plan illustrates some 1,360 parking spaces as well as an
additional 291 parking spaces. The 291 parking spaces are located in the vicinity of the
security/employee centre and will be developed for parking purposes once additional
traffic impact analyses have been undertaken and recommended remedial measures
implemented, if required. Also, development of this area will be subject to the removal
of the Holding provision. In the interim, this area will be maintained as a grassed area.
BLS Planning
Associates
Niagara 21~t Group Inc.
Ailanthus ~4venue Parking Lot
Planning Report
May 13, 2003
Page 3 of 28
Figure 1 illustrates the preliminary site plan for the proposed parking facility and the
proposed 14 residential lots.
3.1 Proposed Official Plan Amendment
The proposed Official Plan Amendment seeks to include a satellite parking lot as a
permitted use within the existing Residential designation that applies to the lands. This
amendment would permit the ultimate construction of a 1,651 stall satellite parking lot
and a 2,800 m2 (30,000 square foot) security/employee centre.
The Niagara 21st Group is to only use the subject lands for a satellite parking lot and
described accessory uses which has resulted in the form of the amendment application
which is to modify the Residential designation by adding a Special Policy Area rather
than redesignate the subject lands to a Tourist Commercial designation. This approach is
to ensure that the lands be developed as intended and should the parking lot ever
redevelop it could only be developed for residential purposes. Any alternative land use
considerations, other than residential, would require an Official Plan Amendment.
The proposed amendment to the City of Niagara Falls Official Plan for the subject lands
will involve introducing a Special Policy Area to the text of the Official Plan, and adding
a Special Policy Area and notation to Schedule 'A' Land Use Plan.
The proposed amendment to the Niagara Falls Official Plan to accommodate the
development proposal of Niagara 21st Group will:
Redesignate 6.3 hectares of residentially designated land by adding a
Special Policy Area designation; and
Add the following Special Policy Area to Part 2, Section 14 - Special Policy
Areas of the Official Plan:
Special Policy Area __ applies to approximately 6.3 hectares of land
located on the west side of Ailanthus Avenue and south of Dunn Street.
The lands are designated Residential on Schedule 'A' to the Official Plan.
While the Residential policies of this Plan will continue to apply to these
lands, the Special Policy Area designation will permit the development of
the lands subject to the following policies:
The property is intended to be developed for a satellite parking lot
accommodating valet and employee parking from a number of high-
rise luxury hotels, restaurants and attractions located principally in
the Fallsview Tourist District.
BLS Planning
Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 4 of 28
2. Uses accessory to the satellite parking lot shall be limited to a
2
2,800m secur~ty/employee centre.
Consistent with municipal practice a site-specific zoning shall apply
to the lands linla'ng the lands with the requisite tourist commercial
properties in the provision of required parking for the tourist
commercial vaes.
The maximum number of parking spaces permitted on the lands is
1,360. Expansion of the parking area and the number of parking
spaces onto those lands which have the Holding 'H'provision apply
shall be subject to the following:
a) a traffic impact analysis be undertaken addressing off-site
impacts at the Stanley Avenue/Dunn Street and Drummond
Road/Dunn Street intersections and required improvements, if
any;
b) the amending of the Site Plan that applies to the lands; and
c) the removal of the Holding 'H'provision.
5. Site Plan Control will be utilized to achieve a high quality of
development which minimizes the impact on surrounding land uses,
provides for appropriate traffic circulation at the Dunn Street
entrances, implements the Municipality's grading and stormwater
management requirements, and appropriate buffer and landscape
treatments including mitigative measures to address noise, lighting
and odour abatement.
Appendix A contains the draft Official Plan Amendment.
3.2 Proposed Zoning By-Law Amendment
The subject site is presently zoned Development Holding (DH) and Residential Low
Density, Grouped Multiple Dwellings (R4). The R4 Zone applies to the finger shaped
parcels along Duma Street. The entire site, excluding the proposed residential lots fronting
onto Ailanthus Avenue, will be rezoned to a Special Exception Parking Lot (P) Zone to
permit the proposed parking lot and the security/employee centre. The proposed single
detached dwellings fronting onto Ailanthus Avenue have frontages ranging from 17.28 to
13.52 metres and will be zoned Residential Single Family IE Density Zone (R1E Zone),
which permits single detached dwellings having a minimum lot frontage of 12 metres.
BLS Planning
Associates
Niagara 21st Group lnc,
~4ilanthus ,4),enue Parking Lot
Planning Report
May 13, 2003
Page 5 of 28
The proposed amendment to the City of Niagara Falls Zoning By-law has been
specifically tailored to accommodate the subject proposal.
Particularly:
rezoning lands fronting Ailanthus Avenue to an approximate depth of 44.0
metres to a R1E Zone;
rezoning the balance of the lands fi.om DH and R4 to a Special Exception
Parking (P) Zone;
the special exceptions that will apply to the Parking (P) Zone are:
· maximum size of the security/employee centre - 2,800 m2;
· maximum building height - 6.0 m;
· minimum yard setbacks - 30.0 m;
minimum landscaped open space planting strip abutting existing
residential, except for those lands to the south of Collins Drive -
7.0m;
a decorative masonary wall shall be constructed around the
perimeter of the site, except for driveway entrances, having
minimum height of 4.5 m, except within 6.0 m of Dunn Street the
height shall be 1.0 m;
uses permitted in the security/employee centre include a security
office, human resource office, corporate office, storage area,
employee lounge, washrooms, exercise room, daycare, change
rooms with lockers, and a vending machine area;
· maximum number of bus shelters - 2;
· the Parking (P) Zone is to linked with the following properties for
the purpose of providing valet and employee parking:
· Niagara Falls Marriott Fallsview (6740 Fallsview Blvd.)
· Embassy Suites Hotel Niagara - Fallsvie~v (6700 Fallsview
Blvd.)
· Niagara Falls Courtyard By Marriott (5950 Victoria
Avenue)
BLS P. lanning
Associates
Niagara 21~t Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 6 of 28
,!
· Retail Plaza & T.G.I. Friday's (5930 and 5940 Victoria
Avenue)
· Dunn Street - Marriott Off-site Parking Lot
· Proposed Keg (6505 Fallsview Blvd.)
· Fallsview Blvd. Beside Niagara Falls Marriott Fallsview
(6760 Fallsview Blvd.)
4 PLANNING REGIME
4.1 Provincial Policy Statement
Consideration of a local Official Plan and Zoning By-law Amendment involves a review
of matters of Provincial interest as set out in the Provincial Policy Statement. In this
regard, the Provincial Policy Statement has policies that are of consequence in the review
of the proposed Official Plan and Zoning By-law Amendment.
The Provincial Policy Statement establishes policy respecting housing requirements and
land use patterns amongst others. From review of the Provincial Policy Statement there
are three policy statements of consequence.
Policy 1.2.1 requires the City of Niagara Falls to:
a) maintaining, at all times, at least a lO-year supply of land designated and
available for new residential development and residential intensification;
(b) maintaining at all times, where new development is to occur, at least a 3
year supply of units with servicing capacity in draft approved or
registered plans of subdivision.
With the proposed removal of the 6.3 hectare site from the residential inventory review
must be undertaken to determine impact.
In discussions with City Staff it was indicated that at the end of December 2000, the City
of Niagara Falls had a residential land supply of 455.49 hectares (1,125.50 acres). At a
density of 7 units per acre there would be potential for 7,879 units. Using the 10 year
average of Building Permits issued for new residential development (269) there is a 29.3
year supply of vacant residential land. Within Registered Plans and Draft Plans there is a
total of 2,013 potential units. Again, divided by the 10 year average of Building Permits
(269) there is a 7.5 year supply
The removal of 6.3 hectares (15.6 acres) from this vast inventory still leaves the City with
a residential land supply to adequately meet its needs.
BLS P. lanning
Assooates
Niagara 21st Group Inc.
Ailanthus ,~venue Parking Lot
Planning Report
May 13, 2003
Page 7 of 28
Policy 1.1.1 of the Provincial Policy Statement addresses the impacts associated with
some land use patterns. Specifically,
Development and land use patterns which may cause environmental or
public health and safety concerns will be avoided
The importance of this policy requirement was heightened during the public participation
process as residents raised concerns regarding health and environmental impacts fi.om
noise and vehicular emissions.
These concerns will be addressed through the implementation of mitigation measures
recommended by HGC Engineering and Ortech Environmental. Particularly:
the decorative wall which will perimeter the site be of an acoustical nature
having a surface density of at least 20 kg/m2;
the wall height be a minimum of 4.5 metres;
where two barriers are to be placed parallel to each other, such as along
the access lanes, acoustically absorptive barrier materials should be used;
where parking spaces directly abut residential lands these parking areas be
"signed" advising that vehicles are not to be backed into the space;
the landscape areas, including the municipal park lands, shall be
landscaped with a tree screen to assist in the melioration of odours;
the parking area be designed through the placement of shuttle bus areas,
manoveuring aisles and parking spaces in such a way to minimize off-site
impacts;
Lastly, Policy 1.1.2 requires that land requirements and land use patterns will be based
upon:
a)
the provision of sufficient land for industrial, commercial, residential,
recreational, open space and institutional uses to promote employment
opportunities, and for an appropriate range and mix of housing, to
accommodate growth projected for a time horizon of up to 20 years.
(underlining added)
The present inventory of Tourist Commercial designated lands appear to satisfy this
policy requirement for uses not requiring a large land base. This policy is not met,
however, for large base tourist commercial users as evidenced by the recent approval of
Grand Niagara, Heartland and Fallsview Golf which involved the redesignation of
BLS Planning
Associates
Niagara 21~t Group Inc.
,4ilanthus ,4venue Parking Lot
Planning Report
May 13, 2003
Page 8 of 28
industhally designated lands. This is also the case for the subject proposal which
involves residentially designated lands.
The proposed amendment to the Niagara Falls Official Plan and Zoning By-law has been
evaluated pursuant to the Provincial Policy Statement and is consistent with, and does not
offend the policies of, the Provincial Policy Statement.
4.2 Regional Policy Plan
The subject lands are designated "Urban Area" in the Regional Policy Plan. The ''Urban
Area" designation permits a variety of industrial, commercial and residential uses
including complementary ancillary uses. Policy 5.5 of the Regional Policy Plan indicates
"The primary responsibility for regulating the types, locations and densities of land uses
within the defined urban areas rests with the local municipalities, through official plans
and zoning regulations." The City of Niagara Falls Official Plan and Zoning By-law
regulations are examined and discussed in detail below.
Regional Policy Plan Policy 5.18 and 5.23 discusses the residential land supply
requirements for each municipality. Specifically, Policy 5.18 requires that a 10 year
supply of land be designated for residential use. The City of Niagara Falls as detailed
above had a 29.3 year supply of vacant residential land based on vacant residential
inventories at the end of December 2000. With the removal of the proposed parking area
(15.6 acres) from the vacant residential category, the City of Niagara Falls would still
have a vacant residential land supply of 28.8 years.
Regional Policy Plan Policy 5.23 requires a continuous three-year supply of a
combination of draft approved and/or registered vacant residential lots and blocks in an
appropriate range of types and sizes. The City of Niagara Falls has a 7.5 year supply of
draft and/or registered vacant residential lots, meeting the intent of policy 5.23.
The proposed parking lot does not offend the purpose and intent of the Regional Policy
Plan.
4.3 Niagara Falls Official Plan
The subject lands are located within the Drummond Planning District as prescribed by
the City's Official Plan. The Official Plan designates the site Residential which permits
various forms and densities of residential development. The proposed parking lot is not a
permitted use within the Residential designation.
Parking facilities are permitted within the Tourist Commercial designation. The Tourist
Commercial designation permits a wide variety of tourist related commercial uses
BLS P. lanning
Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 9 of 28
ranging from a hotel to a commercial parking lot.
The subject Official Plan Amendment is to have a Special Policy Area apply to the
subject lands permitting only the satellite parking lot and accessory uses. Should the
parking lot redevelop in the future it can be used for residential purposes in accordance
with the residential policies of the Niagara Falls Official Plan.
Section 4.5 of the Niagara Falls Official Plan establishes policies respecting parking.
Specifically, Policy 4.5.1 is of consequence in the review of the subject application.
Policy 4.5.1 states:
In order for the local business community to realize the full benefits of
tourism, an integrated visitor circulation system needs to be established.
Such a system should be designed to accommodate large numbers of
visitors who have parked their cars for the day to explore the City as
pedestrians. The following parking strategies shall be pursued in order to
meet this overall objective:
Parking shall be dist~'buted throughout the Tourist Area with
parking lots of various sizes. Large parking facilities shall be
strategically located at major attractions where tourists can easily
use other modes of travel, including walking to reach a range of
tourist destinations;
The availability of parking at Table Rock contributes to short
lengths of stay by visitors. The City shall work with the Niagara
Parks Commission to find parking alternatives which will allow for
the reduction of vehicle and bus parking at Table Rock; and
c) Remote parking lots, serving only casinos, shall not be permitted
unless connected to the people mover system.
In this regard, the following is noted:
All of the Niagara 21st Group's properties which are to be linked with the
Ailanthus parking lot are strategically juxtaposed to the Official Plans
"integrated visitor cimulation system" of the Grand Boulevard, Falls
Access Streets, Retail Streets and Entry Corridors. Figure 3 illustrates the
strategic location of subject properties to the evolving integrated
circulation system;
The principle focus of the introductory Policy 4.5.1 is to design a system
to accommodate large numbers of visitors who have parked their cars for
the day to explore the City as pedestrians. The policy has been reflected
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Assooates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 10of28
in the People Mover Parking Strategy Study and the need to further
develop a northend (Victor/a/Clifton Hill area) and southend (Rapidsview)
parking areas. However, it is interesting to note that the Official Plan
addresses "visitors who have parked their cars for the day to explore the
City". For the majority of the users of the Niagara 21~t Group's facilities
(i.e. hotels) their visitation is longer than a day, therefore:
· the use of satellite parking lots other than northend and southend
parking areas can not be discounted;
· the hotel patrons once in the Falls will take advantage of the
"integrated visitor circulation system".
)* Of the three parking strategies noted above, two are of relevance:
Strategy (a) requiring that parking be distributed throughout the
Tourist Area with parking lots of various sizes and the larger
parking facilities being associated with major attractions.
The Plan contemplates that there be a number of satellite parking
lots of various sizes within the Tourist Area with no specific
indication if the lots should be in the public or private domain.
Furthermore, in the provision of large parking facilities they shall
be strategically located at major attractions speaks to "day use" not
the "longer stay". Obviously, hotel usage is not "day use" and the
provision of satellite lots for hotel patrons encourages the "car to
stay" and the visitor to use other modes of travel.
Remote parking lots are permitted unless they are serving Casinos
which requires them to be connected to the People Mover System.
The Plan contemplates opportunities to provide remote parking lots
for tourist commercial uses.
The Niagara Falls Official Plan also sets out review criteria for the consideration of
Official Plan Amendments.
Particularly:
2.6
When considering an amendment to the Official Plan, Council shall
consider the following matters.
2.6.1 The conformity of the proposal to the general objectives of this
Plan.
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Assooates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 11 of 28
2.6.2 Suitability of the site or area for the proposed use, especially in
relation to other sites or areas of the City.
2.6.3 Compatibility of the proposed use with adjacent land use
designations and natural resources.
2.6.4 The need for and market feasibility of the proposed use.
2.6.5 The extent to which the existing areas of the City designated for the
proposed use are developed or are available for development.
2.6.6 The availability of adequate municipal services and facilities for
the proposed use and its impact on the transportation system,
community facilities and natural environment.
2.6.7 The financial implications of the proposed development.
The above review criteria is discussed in detail in subsequent sections of this report
however, the following conclusions are noted:
~ The proposed Official Plan Amendment conforms with the general
objectives of the Official Plan;
~ The Amendment does not offend the Provincial Policy Statement or the
Regional Policy Plan;
> Land use compatibility is being achieved through the provision of
mitigative measures;
~' The site is located within close proximity to the Central Tourist District,
particularly the Fallsview District.
)~ Need exists for the proposed use;
)* Land use compatibility is achieved;
> The removal of the lands from residential inventory does not negatively
impact the Municipality's short term to long term residential development
program;
> No alternative sites exist that meet the noted criteria;
)* Infrastructure, including transportation is available and adequate to
accommodate the proposed use; and
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Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 12 of 28
)~ No adverse financial implications are anticipated.
The subject proposal does not offend the policies and general intent of the City of
Niagara Fall's Official Plan.
The proposed residential lots fronting onto Ailanthus Avenue will proceed by Plan of
Subdivision, in accordance with Policy 7.2 of the City of Niagara Falls Official Plan
which states that "The development of more than two parcels of land from an original
property shall proceed by Plan of Subdivision" The fronting residential lots meet the
intent of the City of Niagara Falls Official Plan as the site is designated Residential which
permits single detached dwellings and is not part of the subject Official Plan Amendment.
4.4 Niagara Falls Zoning By-law
The majority of the subject site is currently zoned Development Holding (DH) Zone
which permits existing uses, one family dwelling, home occupation, grazing of horses,
flower and market gardening, production of field crops, cultivation of land, or a
temporary stand for the sale of farm produce grown on the premises. The Development
Holding (DH) Zone does not permit a parking lot, a security/employee centre or more
than one single family dwelling. Those lands with frontage onto Dunn Street are zoned
Residential Low Density, Grouped Multiple Dwellings (R4) which permit townhouses,
apartments, group dwellings and accessory structures. The lands zoned R4 are the
driveways into the proposed parking lot and will have to be rezoned to a (P) Parking
Zone to permit the use of these lands for the proposed access points.
The rear 6.3 hectare (15.6 acre) lands which contain the parking lot and associated
security/employee building will be rezoned to a Parking (P) Special Exception Zone to
permit the parking lot and security/employee centre and establish specific and zone
regulations to govern site development.
The other portion of the application deals with the proposed 14 single detached dwellings
fronting onto Ailanthus Avenue which will be rezoned to a Residential Single Family 1E
Density Zone (R1E Zone) which permits the proposed single detached dwelling units
with minimum lot frontages of 12 metres. The proposed 14 units have lot frontages
varying from 13.52 to 17.28 metres and meet all the regulations specified in Section
7.5.2.
5 PLANNING ANALYSIS
As discussed in the previous sections of this report the proposed development is located
within the Urban Area Boundary and complies with the intent of the Regional Policy Plan
and the Provincial Policy Statement.
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Associates
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Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 13 of 28
The following provides an analysis of supplementary review criteria utilized to determine
the appropriateness of the proposed land use change.
5.1 Suitability
The subject lands are located within close proximity to the Fallsview District which
makes the site ideal from a locational perspective. Furthermore, the concept of satellite
parking lots in the area is not new as two such lots exist, one block to the east of the
subject site, at the tourist commemial/residential interface. Also, from a logistical
perspective the Niagara 21st Group is using one of the satellite lots (Parcel 5 on Figure 2)
for off-site required parking (valet parking) for the Marriott Fallsview hotel. From a
transportation perspective, the site is serviced by an arterial roadway (Dunn Street) which
is designed to accommodate large volumes of traffic. The significance of Dunn Street as
an east-west corridor to the Fallsview District will increase as the District matures. Also,
the subject lands are within 560 metres of Stanley Avenue which is to function as one of
the north-south Entry Corridors. Entry Corridors are the main points of access through
which visitors arrive at the Niagara Falls Tourist Area. Entry Corridors shall be
automobile-oriented streets whose main purpose is to accommodate vehicular traffic
within an attractive, sign-posted and landscaped streetscape.
Figure 3 illustrates the location of the subject site to the proposed Tourist District Street
System.
In addition, the proposed 1,360 parking stalls and future 291 parking stalls on the
Ailanthus site accommodates the needs of the Niagara 21st Group.
5.2 Compatibility
The subject site has frontage onto Ailanthus Avenue and has access onto Dunn Street.
The surrounding land uses in this area consist of a condominium townhouse complex and
a variety of dwelling unit types to the north; Ailanthus Avenue to the east; Municipal
park lands and the Ontario Hydro Corridor to the south; and existing single detached
dwellings to the west.
In order to ensure that compatibility within this residentially designated area is achieved
by minimizing off-site impacts a number of mitigative measures are employed to address
such issues as noise, lighting, drainage, traffic, landscaping, and snow removal.
a) Building Height
Rainbow Village condominiums are the largest dwellings adjacent to the subject site.
Rainbow Village's two storey condominiums generally have a building height of
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Associates
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Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 14 of 28
approximately 7.0 metres (23 feet) to the peak.
Alternatively, the majority of the residential dwelling units along Collins Drive and Toby
Crescent are one storey with a building height of 4.6 to 5.5 metres (15 to 18 feet) to the
peak. 6774 and 6746 Toby Crescent are both two storey dwellings with building heights
of approximately 6.7 metres (22 feet).
The existing homes adjacent to the two entrances at Dunn Street are one to one and a half
stories in height and have a building height ranging from 4.6 to 6.4 metres (15 to 21 feet)
to the peak.
With building heights of abutting dwelling units being of a low rise nature the
development of the Ailanthus satellite lot has limited the building height of the
Security/Employee Centre to 6.0 metres (20 feet) and the acoustical barrier is
recommended at 4.5 metres (15 feet).
b) Buffering
Buffering helps to mitigate impacts on adjacent land uses. The subject parking lot
proposes a noise attenuation wall around the entire perimeter of the site coupled with
landscaping. Particularly:
the acoustical barrier is to be of a decorative mansonary nature;
wherever possible, planting strips shall be located between the acoustical barrier
and existing residences;
the planting strip along the north property line shall range in width from 7.0
metres (23 feet) to 12 metres (40 feet);
the planting strip along the westerly property line, north of Collins Drive shall be
7.6 metres (25 feet) in width;
landscape islands be established at the throat of the driveways to assist in masking
sightlines from Dunn Street into the parking lot;
tree planting will occur in the CB Wright Park; and
the Security/Employee Centre has been located internal to the site, close to the
primary driveway.
r~ BLS P. lanning
Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 15 of 28
c) Ailanthus Avenue
A bank of single detached dwelling units (14) are proposed along the west side of
Ailanthus Avenue. Minimum lot frontages being 12.0 metres (40 feet). No site access
(for parking lot purposes) is proposed onto Ailanthus Avenue.
d) Noise Assessment
A noise assessment was undertaken in order to achieve land use compatibility and ensure
that Provincial Guidelines respecting noise impact are not exceeded. In this regard, it is
required that:
the decorative wall which will perimeter the site, be of an acoustical
nature having a surface density of at least 20 kg/m2;
the wall height be a minimum of 4.5 metres (15 feet);
where two barriers are to be placed parallel to each other, such as along
the access lanes, acoustically adsorptive barrier materials should be used.
e) Odour Assessment
An odour assessment was undertaken to determine what mitigative measures should be
utilized to minimize off-site impacts. Measures recommended included:
where parking spaces directly abut residential lands these parking areas be
"signed" advising that vehicles are not to be backed into the space;
the landscape areas, including the municipal park lands, shall be
landscaped with a tree screen to assist in the amelioration of odours;
the parking area be designed through the placement of shuttle bus areas,
manoveuring aisles and parking spaces in such a way to minimize off-site
impacts.
f) Drainage/Snow Removal
Drainage and snow removal concems will be addressed through the site plan process and
in particular the preparation of a Stormwater Management Report inclusive of a site
grading and drainage plan. Any recommendations from the Stormwater Management
Report will be incorporated into the design of the parking lot to ensure that post
development flows do not exceed pre development flows.
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Associates
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Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 16 of 28
g) Lighting
Lighting will be a component of the site plan process wherein details of light intensity,
type, height of poles and direction of light will be addressed. It is proposed that the
height of the light standards will not exceed the height of the acoustical barriers and
surface mounted lights on the acoustical barriers be at 3.6 metres (12 feet). All lighting
will be shielded away from the residential areas.
h) Traffic Assessment
A traffic impact assessment was undertaken to ensure that the proposal would not have a
negative impact on the street network. In this regard, it was concluded:
Traffic generated by a parking facility consisting of approximately 1,360
spaces could be accommodated without improvements to the external
intersections over those required to accommodate future background
traffic volumes;
To accommodate projected traffic demand, the site requires at least two
points of access to Duma Street. Two-way operation of these accesses will
provide sufficient capacity to accommodate projected traffic volumes
without the use of traffic signals. However, the westerly access should be
located opposite Ralph Avenue to protect for the possibility that traffic
signals may be required here in the future as background traffic continues
to grow; and
Separate westbound left-turn lanes will be required at both the proposed
accesses to Duun Street, however a separate right turn lane at the westerly
access is not required.
.5.3 Need
The Niagara 21st Group owns a number of commercial establishments within the Central
Tourist District (see Figure 2). These establishments provide a combination of on-site
and off-site parking for their guests and patrons, however they cannot provide adequate
on-site parking for their staff during peak season times. This has lead Niagara 21st Group
to lease off-site parking areas for staff and provide shuttle bus service to the various
places of employment. Parking and shuttle bus service is provided fi:ee of charge. It is
noted that the City of Niagara Falls Zoning By-law does not take into consideration the
need for employee parking.
As the Central Tourist District further develops, the availability of parking for employees
in the Tourist District will decrease dramatically as existing on-street opportunities will
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Associates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 17 of 28
be lost. In addition, the land available for development within the Central Tourist District
is diminishing and finding acceptable sites for parking requirements of the Niagara 21st
Group, including employees cannot be met within the District.
As a benefit for the approximately 1,900 employees (existing and proposed) of the
Niagara 21st Group, it has purchased and planned a parking lot, shuttle bus service, and a
2,800 m2 Security/Employee Centre for its employees and valet parking. The proposed
satellite parking facility had to be large enough and strategically located to accommodate
both the employees of the Niagara 21st Group and valet parking.
5.4 Alternative Sites
The subject site, including the residential portion of the site, is 8.9 hectares (22 acres) in
size and is located within 0.5 to 2 kilometres of Niagara 21st Group properties. The
subject site has access to Dunn Street, which is an arterial roadway, which has the
capacity to carry large volumes of traffic. A number of alternative sites were examined
during the week of February 24, 2003 to determine if they met the following criteria:
a minimum of 4.0 hectares (10.0 acres) in size;
have direct access to a Regional, arterial or collector roadway;
is within relatively close proximity to the properties of the Niagara 21st
Group specifically within a range of 0.5 to 2 kilometres; and
primarily vacant land.
The listing of alternative sites were based upon:
windshield survey of the Tourist Commercial District and appropriate
residential and industrial sites;
accessing the NETCORP website listing of commercial and industrial
properties; and
consultation with Mr. R. Joncas of ReMax.
Alternative sites investigated comprised tourist commercial and industrial properties.
Alternative sites described in this report are illustrated on Figure 4.
5.4.1 Tourist Commercial Sites
There were a number of Tourist Commercial sites for sale however most of them
were ~mdersized - being less than 0.4 hectares (1 acre) in size. One property that
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Associates
Niagara 21st Group Inc.
.4ilanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 18 of 28
was identified to be of adequate size to address the needs of the Niagara 21st
Group was further examined with regard to additional site requirements.
Oakwood Drive
This site is 15.6 hectares (38.44) acres in size and is designated and zoned
"Tourist Commercial". The site is located east of the QEW at the comer of
McLeod Road and Oakwood Drive. According to Schedule "C" the City of
Niagara Falls Official Plan Oakwood Drive is classified as a Major Collector
roadway, which can carry moderate to high volumes of traffic for short to medium
distances to an arterial roadway. Oakwood Drive connects to McLeod Road,
which is an Arterial roadway and is primarily designed to accommodate the
movement of large volumes of traffic. The intersection at McLeod and Oakwood
Drive is signalized. The subject site is located approximately 4 to 7km to all of
the Niagara 21st Group of properties which is a 6 to 10 minute drive with no
traffic. The distance to the Niagara 21st Group properties would be significant
during peak traffic conditions.
The Oakwood lands are considered prime commercial lands as they provide
exposure and immediate access to the Queen Elizabeth Way. The established of a
parking lot at this location may result in the under utilization of a high exposure
commercial site. The sites' exposure also contributed to the listing price.
5.4.2 Industrial Designated $ites
5340 Portage Road
This site is generally located at the southeast comer of Portage and Valley Way.
The site has frontage on Portage Road, which is an Arterial roadway which
primary function is to accommodate large volumes of traffic. The site is 6.3
hectares (15.5 acres) in size, which consists of 40 hectares (10 acres) that are
owned outright, and the remaining 2.2 hectares (5.5 acres) are leased for a period
of 50 years. The properties owned by the Niagara 21st Group are 1.5 to 2.5 km
from the site, which is approximately a 2 to 4 minute drive with no traffic. This
site does not meet the selected criteria as the property is not vacant - currently
contains 3 warehouses totaling 52,000 square feet. Also, the site is just outside of
the specified distance threshold.
3807 Stanley Avenue
This site meets the minimum lot size requirement being 10.8 hectares (26.76
acres) in size and fronts onto Stanley Avenue just north of Thorold Stone Road.
Stanley Avenue is an Arterial Road, which can accommodate large volumes of
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Assooates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 19 of 28
traffic. The site is located within 3 to 4 km of the Niagara 21st Group properties
which is approximately a 5 to 6 minute drive. This site does not meet the
requirements of the Niagara 21st Group as the site contains a number of existing
buildings and exceeds the specified distance threshold.
5.5 People Mover Parking Strategy Study
A preliminary parking strategy was prepared for the People Mover System in December
of 2002.
The People Mover Parking Strategy examined the need for parking within the tourist
areas of Niagara Falls. Specifically, the study examined the goals and policies required to
utilize the People Mover as a main transportation source for tourists and employees in the
future. The plan examined parking deficiencies and sets out 8 overall strategies, which
are2
1. Focus new parking supply in areas that capture People Mover rider
ship;
2. Restrict off-site patron parking arrangements;
3. Ensure that on-street parking supply does not compete with the off-
street People Mover parking supply;
4. Expand use of the permitted parking system;
5. Negotiate subsides for employee parking in People Mover lots;
6. Provide Zoning By-law Exemptions where there are supporting land
uses;
7. Ensure that parking and pedestrian policies are carefully incorporated
into planning decisions;
8. Provide vigorous enforcement of the Commercial Parking By-law 76-
102.
It is also noted that this study forecasted a shortfall of parking for the Fallsview District
by 600 spaces.
The Ailanthus off-site parking facility is not intended to compete with the proposed
People Mover Parking Areas and System as parking at the Ailanthus site will consist of
valet parking for hotel guests and restaurants, employee parking, an employee drop off
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Associates
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Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 20 of 28
centre and shuttle bus service. The proposed parking lot is not a paid parking facility and
will not compete as a commercial lot, rather will accommodate the needs of the Niagara
21st Group.
Furthermore, the Niagara 21st Group is of the opinion that the development of the
Ailanthus satellite parking facility for employee and valet parking, employee drop off,
and shuttle bus service best suits its needs in terms of providing expected service to
clientele (i.e. on-site parking or valet parking) and benefit to its employees from the
perspective of convenience, time and financial resources. The proposed facility is
providing additional enhanced security which is required for the "longer stay user" in
comparison to the "day user".
The proposed parking lot does not directly impact upon the goals and strategies of the
People Mover Parking Strategy as the parking lot is not a paid parking lot and the lot is
specifically for employees, patrons and overnight guests of the Niagara 21st Group
properties. The People Mover Strategy is in the preliminary stages and implementation of
a viable program may take us well into the future.
All but one of the Niagara 21st Group properties (i.e. The proposed Keg - 6505 Fallsview
Boulevard) are contiguous to the Grand Boulevard and People Mover System which will
further reinforce and support the System once developed as hotel patrons are "longer stay
users" (i.e. not "day users") and their vehicles are parked off-site.
5.6 Tourist District Boundaries
Boundaries between the tourist area and the residential area has been historically
determined to be the centre of the Hydro Corridor and has acted as a buffer between
tourist commercial and residential uses. For the most part, this identified boundary has
remained intact for the small tourist commercial land users. From an examination of the
Official Plan's Land Use Schedule 'A' it is obvious that the larger tourist commercial
users are having to look to other areas of the Municipality for developmental purposes.
For example, Fallsview Golf Inc. which is located on the east side of Stanley Avenue,
south of Oldfield Road has been redesignated Open Space to permit a golf course to cater
to tourist clientele. Another example is Heartland Forest, proposing to construct a new
resort commercial development including a 200 room hotel, 175 cottage villas, 150
Recreational Vehicle lots, attractions and retail components. Heartland Forest is located
on the West side of Kalar Road, on the south side of Brown Road and on the east side of
Garner Road. This site was previously designated Industrial and Environmental
Protection Area. The Grand Niagara Resort located on the west side of Montrose Road,
east of Morris Road and north of Bigger Road proposed the development of a 36 hole
golf course, 3 - 5 storey 350 room full service hotels, 300 vacation villas in 3 storey
complexes, a conference centre, a fitness centre/spa and accessory uses. The site was
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Assooates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 21 of 28
previously designated Industrial except for the small enviromnental areas which were
designated Environmental Protection Area.
Obviously, tourist commercial large lot inventories do not exist or are not readily
available within the Central Tourism District.
In May of 2002 Planning Department Report PD-2002-47 was authored respecting a
private sector initiative to provide permanent off-site parking for an attraction/restaurant
use. Within the body of said report it was indicated that Council back in September of
2000 directed staff to amend its Official Plan to designate the west half of the hydro
corridor for open space uses which would further reinforce the boundary between tourism
and residential uses. A component of this Council directive was also to provide
opportunities for establishing off-site parking areas on the east half of the hydro corridor.
In this regard, it is noted that the Ailanthus site is located only 255 metres (836.6 feet)
west of the hydro corridor.
As previously noted, the application for Official Plan Amendment has been tailored very
specifically to maintain the residential designation on the subject lands and permit
parking as a special exception. This approach has been undertaken to assist the
Municipality in maintaining the centre line of the hydro corridor as a boundary between
tourist commercial and residential uses in order to preclude the leap frogging of tourism
uses such as hotels, restaurants etc. west of the hydro corridor.
5.7 Public Participation
Due to the nature of the proposal, and its setting within a residential
neighbourhood the Niagara 21st Group undertook an extensive public
participation program. Invariably, public input has assisted in shaping the
amendment application and site design.
The public participation program involved the following:
On February 6, 2003 the entire neighbourhood was invited to an
information meeting held at the Lecture Theatre, Niagara College
Maid of the Mist Centre wherein the proposal was presented.
Figure 6 illustrates the original site plan presented to the public;
} On February 18, 2003 a meeting was convened with the residents
of Rainbow Village;
> On February 20, 2003 a meeting was convened with the residents
of the Ailanthus Avenue area;
r~BLS Planning
Associates
Niagara 21*t Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 22 of 28
)~ On February 25, 2003 a meeting was convened with the residents
of the Toby/Collins neighbourhood; and
On March 6, 2003 a meeting was convened with the residents of
the Dunn Street area.
The meetings brought forth a number of concerns which resulted in the following
changes being made to the proposal:
The combination earthem berm with closed board fence be replaced with a
decorative masonary fence having a minimum height of 3.6 metres (12 feet);
That the 10 stall tour bus area be removed fi.om the site;
That no site access be provided fi.om Ailanthus Avenue;
That to achieve land use compatibility with the residential neighbourhood
east of Ailanthus Avenue that, the Ailanthus Avenue frontage be developed
for 14 single detached lots having a minimum 12 metre (39.47 feet)
fi'ontage;
That on-site lighting be shielded away from the residential area, Iow profile
light standards be utilized and no standards be higher than the height of the
perimeter masonary fence;
~' No through pedestrian site access be provided to link Churchill Street with
Dunn Street;
That no pedestrian linkage be provided linking Collins Drive with the
proposed trail network through the Mitchell Line and no linkage be provided
fi'om Collins Drive to the CB Wright Park;
That a 7.6 metre (24.9 feet) landscape area be provided between the
proposed masonary fence and the rear yards of the existing residential
neighbourhood;
That the Security/Employee Centre be centrally located; and
That the site be developed in a comprehensive fashion with all parking areas
being paved.
The residents abutting the subject site have various specific concerns regarding
details respecting lighting, landscaping, site drainage and so on. In this regard, the
BLS P. lanning
Assooates
Niagara 21,t Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 23 of 28
Niagara 21st Group has extended an invitation to the neighbourhood to establish a
neighbourhood committee who will be actively involved, on behalf of the larger
neighbourhood, throughout the site plan process.
It is noted that during the public participation process and in particular the four sub
neighbourhood meetings, the issue of residential development on the subject lands
or opportunities for partial residential development such as linking Collins Drive
with Dunn Street was discussed. In this regard, the neighbourhood expressed
concern over residential development excepting the frontage lands on Ailanthus
Avenue. The basis of neighbourhood concern was a function of traffic impacts,
type of residential development, and residential densities.
5.8 Other Satellite Parking Lots
Currently, there are 16 Satellite Parking Lots within the Central Tourism District of
Niagara Falls. These satellite parking lots are linked to hotels, motels, restaurants
and attractions near'the main tourist areas of Niagara Falls. Detailed below is the
location of satellite parking lots that have been linked to other establishments.
# PARKING LOTS LINKED HOTELS/MOTELS
1 North side of Dunn Street (P 44) Easterly side of Oakes Drive (TC 44)
2 Northwesterly side of Ellen Avenue Southeasterly side of Ellen Avenue
(P 106) (TC 106)
3 West side of Buchanan, South of Dixon East side of Buchanan Ave, South of
(P 114) Dixon (TC 114)
4 Northwesterly side of Ellen Ave North side of Ferry Street between Ellen
(P 116) and Victoria (TC 116)
5 Southerly side of Roberts Street and Southwesterly comer of Victoria Avenue
northerly side of Kitchener Street P 213) and Roberts Street (TC 213)
6 Northwesterly comer of Ferguson Street Southwesterly comer of River Road
and Glenview Avenue (P 240) and Ferguson Street (TC 240)
7 Northwesterly side of Ellen Avenue North side of Ferry Street (TC 262)
(P 262)
8 Northwesterly side of Ellen Avenue Southwesterly side of Centre Street
(P 360) (TC 360)
9 Northwesterly side of Ellen Avenue Northwesterly side of Victoria Street
(p 473) (TC 473)
10 Northwesterly side of Ellen Avenue North side of Ferry Street (TC 475)
(P 475)
11 West side of Stanley Street (TC 495) West side of Oakes Drive (TC 495)
12 West side of Stanley (TC 507- West Side ofBuchanan (TC 455, 503,
temporary parking lot) and 507)
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Associates
Niagara 21~t Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 24 of 28
13 North side of Dunn Street (P 511) East side of Oakes Drive (TC 511 )
14 North side of Dunn and on the east side West side of Oakes Drive on the south
of Cleveland Avenue (P 514) side of Stanley (TC 355 and 514)
15 North side of Dunn and on the east side East side of Oakes Drive (TC 515)
of Cleveland Avenue (P 515)
16 Southeasterly side of McGrail Avenue Northwesterly side of Ellen Avenue
(P 537) (TC 537)
As detailed above, satellite parking lots are not a new phenomenon in the City of
Niagara Falls. A number of satellite parking lots exist to accommodate off-site
required parking.
5.9 Services
The examination of services include transportation, water, sewer and stormwater
management.
5.9.1 Transportation
The subject site will be provided access via two access points along Dunn Street.
The most westerly access is the secondary access and will be located indirectly
opposite Ralph Street. This access is slated for employee traffic only during the
peak season months and will be closed during the low season months. This access
point will contain a 4.0 metre (13 feet) ingress and a 4.0 metre (13 feet) egress
until it splits into a left turn lane and a combined straight and right mm lane.
The easterly access will be the primary access and will be located opposite the
Maid of the Mist Centre. This access is slated for only valet parking and shuttle
bus service during the peak season months and for all traffic entering the site
during the low season months. This access point will contain a 4.0 metro ingress
and a 4.0 metre egress lane until it splits into a separate left and right hand turn
lane.
Totten Sims Hubicki Associates completed a preliminary traffic study on
February 5, 2003 and an addendum study revising the original letter report which
was prepared on February 20, 2003. The February 5, 2003 report was based on
the site plan with:
a larger parking lot than that which is proposed; and
two additional access points along Ailanthus Avenue;
BLS P. lanning
Assooates
Niagara 21st Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 25 of 28
The two proposed access points onto Ailanthus Avenue have since been removed
and replaced by 14 single detached dwelling lots along the entire Ailanthus
Avenue frontage.
Due to the changes in the proposal the Traffic Engineer concluded in the February
20, 2003 report the following:
Traffic generated by a parking facility consisting of approximately 1,360
spaces (800 valet parking spaces, 120 for the development of the Ricci
property and up to 440 employee spaces) could be accommodated without
improvements to the external intersections over those required to
accommodate future background traffic volumes.
To accommodate projected traffic demand, the site requires at least two
points of access to Dunn Street. Two-way operation of these accesses will
provide sufficient capacity to accommodate projected traffic volumes
without the use of traffic signals. However, the westerly access should
preferably be located opposite Ralph Avenue to protect for the possibility
that traffic signals may be required here in the future as background traffic
continues to grow.
Separate westbound left-tum lanes will be required at both the proposed
accesses to Dunn Street, however a separate right turn lane at the westerly
access is not required.
A supplementary traffic analysis was done in April of this year by Gall &
Associates. The purpose of this supplementary analysis was to:
Investigate the feasibility of re-allocating the parking spaces within
the Ailanthus/Dunn parking lot to provide valet parking for the
Marriott Courtyard Hotel and eliminate the parking required by the
proposed KEG restaurant; and
Estimate the number of valet parking spaces that will generate the
same amount of traffic as the restaurant parking spaces.
Based on the findings of the capacity analysis which was undertaken for the
following intersections:
1. Dunn Street and Stanley Avenue;
2. Stanley Avenue and Robinson Street;
3. Robinson Street and Clark Avenue; and
4. Victoria Avenue and Clark Avenue.
BLS P. lanning
Assooates
Niagara 21~t Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 26 of 28
-!
'!
5.9.2
5.9.3
the study concluded:
During the Weekday PM peak hour, the traffic generated by 120
restaurant-valet parking spaces is equivalent to 500 hotel-valet
spaces; and
A total of 1,740 spaces (1,300 hotel-valet and 440 employee spaces)
can be supported by the existing and improved roadways in the
vicinity of the proposed lot.
Water
The subject site is located within the Urban Area Boundary of the City of Niagara
Falls and can be serviced with municipal water. Water connections will be
required for the 2,800 m2 (30,000 square foot) Security/Employee Centre and the
proposed 14 single detached dwelling lots.
SeweF
The subject site is located within the Urban Area Boundary of the City of Niagara
Falls and can be serviced by municipal sewers. Sewer connections will be
required for the 2,800 m2 (30,000 square foot) Security/Employee Centre and the
14 single detached dwelling lots.
5.9.4 Stormwater Management
A Stormwater Management Plan will be prepared as part of the site plan process.
Stormwater, including snowmelt created as a result of the parking lot will be dealt
with on-site through grading and stormwater collection procedures.
5.10 Financiallmplications
The proposed parking lot will not cause the municipality to incur any additional costs
with regard to infrastructure improvements. Any works required, not including those
works proposed in the Stanley Avenue Master Plan, will be stated as conditions of
approval by the Municipality.
5.11 Site Plan Control
The proposed parking lot will be subject to site plan control. Particularly, the Official
Plan requires:
r~ BLS Planning
Associates
Niagara 21~t Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 27 of 28
"4.6.7
No building permit shall be issued in respect of any development in the Tourist
Area unless Council has approved the required drawings and the required
agreements are executed and registered on title. Agreements may include but
are not limited to:
a) access ramps, curbs and signage;
b) parking, loading and driveway areas and their surface treatment;
c) pedestrian walkways and ramps, including surface treatment lighting;
d) walls fences, landscaping and buffering;
e) garbage and storage facilities;
99 easements for the construction and maintenance of public services and
utilities;
g) grade and site drainage;
h) site servicing; and
i) road widenings.
With regard to the proposed parking lot/residential development on the subject site only
the parking lot portion of the site will be subject to site plan control. Prior to submission
of a site plan application the above criteria will be addressed in detail.
6 CONCLUSION
The amendment to the City's Official Plan and Zoning By-law is considered appropriate
The proposal does not offend the purpose and intent of the Regional
Policy Plan.
The proposal does not offend the purpose and intent of the Provincial
Policy Statement.
The City's supply of residential land exceeds both Regional and Provincial
requirements therefore the removal of the subject 6.3 hectares will not
adversely affect residential inventories.
The land is strategically located in close proximity to the Fallsview
Tourism District.
The site has immediate access to Dunn Street, previously a Regional road,
now a municipal arterial road.
No large alternative sites within close proximity to the Central Tourist
Area are readily available.
BLS Planning
Associates
Niagara 21~ Group Inc.
Ailanthus Avenue Parking Lot
Planning Report
May 13, 2003
Page 28 of 28
Mitigative measures will ensure compatibility with existing and future
residential development on adjacent land.
The proposal does not adversely affect the People Mover Parking
Strategy.
All of the Niagara 21st Group's properties which are to be linked with the
Ailanthus parking lot are strategically juxtaposed to the Official Plans
"integrated visitor circulation system".
Prepared by:
B~,~AN~SSOCIATES
Kira Perry
Planner
Glen Barker, MCIP, RPP
Director
BLS P. lanning
/ $oclates
BLS Planning
NIAGARA 21st GROUP INC.
AILANTHUS AVENUE PARKING LOT PROPOSAL
Revised Concept Plan
LEGEND
FIGURE 1
FIGURE 2
Properties of NIAGARA 21st GROUP being linked with the
Ailanthus Parking Lot
Subject Properties Ailanthus Parking Lot
PROPERTIES
1
2
3
4
5
6
7
Niagara Falls Marriott Fallsview (6740 Fallsview Blvd.)
Embassy Suites Hotel Niagara - Fallsview (6700 Fallsview Blvd.)
Niagara Falls Courtyard By Man, orr (5950 Vicloda Avenue)
Retail Plaza & T.G.I. Fdday's (5930 & 5940 Victoda Avenue)
Dunn St. - Mardott Off Site Parking Lot
Proposed Keg (6505 Fallsview Blvd.)
Fallsview Blvd. beside Niagara Falls Maffiott Falisview (6760 Fallsview Blvd)
~r~,.,~ B L S Planning
Associates
Retail F
/larri0tt
~~ED ALLAN'
PARKING LOT
Street System
LEGEND
Niagara - Fallsview
Entry Corridor
Grand Boulevard
Fails Access
Retail Street
FIGURE 3
ALTERNATIVE SITE REVIEW
Ailanthus Parking Lot
FIGURE 4
LEGEND
Subject Site
Alternative Sites
L~,~ B I. S Planning
Associates
FIGURE 5
Relationship of Ailanthus Lot to Official Plan Designations
and Properties of NIAGARA 21st GROUP
LEGEND
Ailanthus Parking Lot
Tourist Commercial
[] BLS Planning
Associates
BLS Planning
AILANTHUS AVENUE PARKING LOT PROPOSAL
Concept Plan
LEGEND
Site Coveraqe
Total Site Area 894ha (22 lac)
PenmeterLandscaping: 143ha (355ac)
Security/Employee C~ltre
1 393 5sq m (15 00~sq 't )
FIGURE 6
APPENDIX A
PROPOSED OFFICIAL PLAN AMENDMENT
NIAGARA 21sx GROUP INC.
The proposed amendment to the City of Niagara Falls Official Plan for the subject lands
will involve introducing a Special Policy Area to the text of the Official Plan, and adding
a Special Policy Area and notation to Schedule 'A' Land Use Plan.
The proposed amendment to the Niagara Falls Official Plan to accommodate the
development proposal of Niagara 21st Group will:
Redesignate 6.3 hectares of residentially designated land by adding a
Special Policy Area designation; and
Add the following Special Policy Area to Part 2, Section 14 - Special
Policy Areas of the Official Plan:
Special Policy Area __ applies to approximately 6.3 hectares of land
located on the west side of Ailanthus Avenue and south of Dunn
Street. The lands are designated Residential on Schedule 'A' to the
Official Plan. While the Residential policies of this Plan will continue
to apply to these lands, the Special Policy Area designation will permit
the development of the lands subject to the following policies:
The property is intended to be developed for a satellite parking lot
accommodating valet and employee parking from a number of
high-rise luxury hotels, restaurants and attractions located
principally in the Fallsview Tourist District.
2. Uses accessory to the satellite parking lot shall be limited to a
2,800m2 security/employee centre.
Consistent with municipal practice a site-specific zoning shall
apply to the lands linking the lands with the requisite tour/st
commercial properties in the provision of required parking for the
tourist commercial uses.
The maximum number of parking spaces permitted on the lands is
1,360. Expansion of the parking area and the number of parking
spaces onto those lands which have the Holding 'H' provision
apply shall be subject to the following:
a) a traffic impact analysis be undertaken addressing off-site
impacts at the Stanley Avenue/Dunn Street and Drummond
May 13, 2003
BLS P. lanning
Assocmtes
Road/Dunn Street intersections and required improvements,
if any;
b) the amending of the Site Plan that applies to the lands; and
c) the removal of the Holding 'H' provision.
5. Site Plan Control will be utilized to achieve a high quality of
development which minimizes the impact on surrounding land
uses, provides for appropriate traffic circulation at the Dunn Street
entrances, implements the Municipality's grading and stormwater
management requirements, and appropriate buffer and landscape
treatments including mitigative measures to address noise, lighting
and odour abatement.
May 13, 2003
BLS P. lanning
Assooates
MAP 1 TO AMENDMENT NO.
SCHEDULE-A-TO THE OFFICIAL PLAN
Area Affected by this Amendment
Proposed Change From: Residential to Residential with a Special Policy Area
Dixon St.
Dunn $~
McLeod
Residential
Industrial
Tourist Commercial
Theme Park Marineland
Minor Commercial
Open Space
--~IB LS Planning
Associates
Ministry of the Environment
119 King Street West
12~ Floor
Hamilton ON L8P 4Y?
July 29, 2003
Minist~re de I'Envlronnement
149 rue King ouest
Hamilton ON L8P 4Y7
Ontario
Mr. J. Barnsley, Planner 2
Corporate Services Department, Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Barnsley:
Re: AM-20/2003, Official Plan and Zoning By-law Amendment Applications
Proposed Parking Lot
Lands on West Side of Ailanthus Avenue
As per your request, staff reviewed the two modeling reports by Canadian Ortech for
carbon monoxide and our emission assessment, dated July 2003 regarding the
proposed parking facility. Please consider the following comments.
Both reports used similar AERMOD modeling methods to assess the subject emissions.
Staff concur with the findings that carbon monoxide impacts are predicted to be Iow and
well within ambient criteria. However, we have some concerns with the conclusions of
the odour emission assessment. The report inferred that the proposed lot was to have
a noise wall surrounding it, but the wall was not illustrated in any way. Because of this
wall, the modeling treated the parking lot as a volume source with the site represented
as two large squares whose dimensions appear arbitrary. The entire site would have
been better represented as an area source including the driveways and peripheral
areas which could be treated as area line sources with mobile vehicle emissions indeed
of idling ones.
Emissions were considered uniform across the two expanses. However, vehicle
emission sampling (and general knowledge) indicated bus and large vans would have
significantly higher emissions than light vehicles. As these large vehicles would likely
be concentrated in one portion of the lot, it would have been useful to estimate larger
emissions from such an area and move it around the lot to study downwind impacts off-
property. Any such bus marshalling area would be located as remote as possible from
residential areas because they are the greatest potential sources of exhaust odours.
Even with the deficiencies noted above, the modeling still predicted significant impacts
about 10dour Unit (OU) at the property line and up to 2.50U, The authors claim that
complaints would not occur below 50U, but give no reference for this statement. This
has not been our experience. Odour complaints have been received at locations where
PLANNING MEETtN~U6 1 1 2003
From:
To:
Date:
Subject:
<Ddbrozell@aol.com>
<ddarbyso@city.niagarafalls.on.ca>
8/8/03 5:22AM
City File AM-20/2003
Please be advised that we have recinded the letter sent to Niagara 21st
Group dated August 05 until further investigation can be done. Italia Gilberti
has been advised that our comittee has received information which conflicts with
that presented by her client and until these issues are resolved we must
retract our statement. If not resolved by Aug 11, our comittee would be
obligated to opose this application.
CC:
<ben.s@mergete].com>, <jwing@niagara.com>, <kim@ehc.on.ca>
""~-'~'*~G AUG 1 1 200,1
PLANNING ~w~c-,,, __-
Niagara 21~t Group Inc.
c/o Ms Italia Gilberti
Broderick & partners
Re: Proposed parking lot on Ailanthus Ave
City File AM-20/2003
August 05, 2003
As requested this letter is to advise you of the results of the last neighbourhood meeting
held July 29/2003.
Although it is still the overall feeling of the residents that this is an inappropriate place for
a parking lot; all the concerns presented to our residents committee have now been fully
addressed by your client and resolved to the residents' satisfaction.
As such, our committee will not he opposing this application August 11 at City Hall.
Sincerely,
The residents committee for Ailanthus Ave/Sunnylea Cres
..... !_.~._.__'_.~_~~ .........
Dawn Damiano
Ben Schweitzer
Cc: Doug Darbyson/D/rector of Planning & Development
PLANNING MEF. Tlfl~AU6 1 12003
AUg - ~ 2003
PLANNING
' & DEVELOPMENT
Unit 26,
5982 Dunn Street,
Niagara Falls, Ontario,
L2G 7J9
August 6, 2003.
H [ AG. FALLS
Mr. Douglas Darbyson,
Director of Planning and Development,
Corporation of City of Niagara Falls,
4310 Queen Street,
Niagara Falls, Ontario,
L2E 6X5
Dear Sir:
RE: parking lot by
Proposed
We are the of Unit 26
owners
~J~ainbow Village" located at 5982 Dunn Street in the
City of Niagara Falls. We have attended several meetings held by the owner of the proposed '
1,360 car parking spaces for the lands directly behind our residence and bordering Ailanthus
Avenue comprising of some 23 acres more or less.
We are in favour of the re-zoning of the property to allow the development of the
parking lot. We prefer to have the proposed parking lot abutting our lands rather than high-rise
apartment buildings, numerous single family homes and/or multiple dwellings. We feel that
the present owners of the property have the best interests of all parties concerned and are
attempting to ensure that a favourable impact will result. We are satisfied with the reports
provided for traffic, odour, noise, etc.
We kindly request that you provide a copy of this letter to all members of Council prior
to the Council Meeting of August 11, 2003.
Lin~la Burke '
pI., I ININGMEETtNG AUG 1 12003
August 8, :2003
Planning
Scanned
File: °~'~ t lc&'
TELECOPIER TRANSMISSION
COVER SHEET
462~ 0NTA~I0 A~NUE
~ST OlqqCR aAl 897
NIAGARA F4?-T-% QNTARI0
(IAN'IDA i,~ 6V6
Q.C.,
WA. AMADI0
J~ I~FalNS
LM, GI~BERll 1'
It. II, aOlt~S
lC DIGIRO!_._qMfl_
ps~lar/)
IMPORTANT NOTE:
The following material is intended for use only by the individual to whom it is speoifically
addressed and should not be read by, or delivered to, any other parson. Suoh matedal may
contain p~vileged or confidential information, the disoloaure or ether use of which by other than
the intended recipient may result in the breach of certain laws or the infringement af dghta of
third parties. If you have received this telecopy in error, please nol~fy us immediately. We thank
you in advan0e for your co-operation and assistance.
TO: Name:
MR. JOHN BARNSLEY
MR, DOUG DARBYSON
MR. ALEX HERLOVITCH
Firm:
CITY OF NIAGARA FALLS - PLANNING DEPARTMENT
Fax No, 905-356-2354
FROM: Name:
Fax No.
File No,
~ALIA M. GILBERTI
(905) 356-6904
030053
Total Number of Pages, Inoluding this Covet Page; 6
IF yOU EXPERIENCE PROBLEMS IN RECEIVING, PLEASE CALL US AT:
{905) 356-2621 AND ASK FOR:. JENNIFER
COMMENTS:
Please see attached.
-RECEIVED
PLANNING
& DEVELOPMENT
C~nadian ORTECH Environmental Inc.
2395 Spe~kmaa ~riv~
Ca, ada L~K liB:]
Tel: 905-g224120
1-877-774-6560
August ?, 2003
Mr. J. Bamslcy, Planner 2
Corporate S~rviccs Department,
Planning & Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
AM-20/2003, Official Plan and Zoning By-law Amendment Applications
Proposed Parking Lot, Land on West Side of Ailanthus Avenue
Dear Mr. Barnslcy:
In response to the letter of July 29, 2003 from Barbara Rytor, we have prepared the
following comments:
Modelling Odoar Emissions as Volume Sources
Modelling the odoar em/ssions from the parking lot a~ two volume sources w;re based on
the following considerations:
* The odours discharged from the vehicles are hot which r~sults in the buoyancy plume
rising vertically.
· The mechanical turbulent wake caused by the movement of the vehiela$ would
in;r~ase the plume dispersion both velXically and horizontally.
Odours could not penetrate the proposed 4.5-meter noise barrier except al; thc
entrance and exit and, therefore, could bo dispersed outsid~ of the barrier only when
the plume height reaches 4,5 maters above the ground due to buoyant and m~hanical
mixing with/n the parking lot.
* Tho 4,S-mater noise barrier would ecl like a container without a lid, and us/ng area
source or line source modelling could not aimulare this affect.
The shuttle bus is the biggest single odour emission soarc,~ which is supposed to be
idling in front of the security/employee cancer dropping off and picking up the staff
from this building. Therefore the odour emissions from the bus are riot only subjected
to the mechanical and buoyant dispersion, bur are also subjected to the building wake
turbulence when con~iderin~c the impact on the proposed single residencc~ to the ca-st
of the parking lot,
ID=877 SSe 5592 p,(, ~
IVIr. J, Barnsley
Corporate Services Department, Planning & Development
Paget 2 of $
Rttf er~n¢~ #251 g$
Considering staff will have a tendency to park around the aecurity/sta~'f building, one
scenario was to attribute 80% of the odour eraJssions to one ,volume source (VS2)
t'lose to Ailanthua Avenue, with the length of that volume source being twice the
security/staff building width 0eugth'aad width should Im same for a volum~ source).
and the r~maining 20% attributed to another volume source (VSI).
Nat using the a! .m~.~Siorm of the whole parking lot to represent the volume source was
to apply some conservative fa~or, because tim bigger the volume width, the more the
hfitial dilution, and subsequent lower gwuad level ¢oneenlratious, would b~.
· It is very difficult to predict which routes, and how many vehicles would move
simultaneously and for how long to deteamine the line source locations and
inhomog~neity of odour emission rates in the diffe~nt areas.
· Without the noise border, the impact of odour emissions fi.om the proposed parking
lot on the off-property sensitive receptors could be modeled using CALINE4 model
which is designed to mod~l dispersion of gaseous pollutants and paniculate matter
emissions from toads and parking lot~.
EmCon Rates
Two basic sourc/~ input scenario~ were modeled, eric a,ssumcd uniform emission rates
for both volur~ sources ~onsiderin8 that the position of vchiclcs is random aud initial
dispersion of the odour emissions is due to the buoyant and n~chanical turbulent mixing.
Another sccnasio (Source Input Scenario 2) assumexi ~ of thc odour emissions were
from one volnme source (VS2) to tl~ east and 20% from another volume source (VSI) to
the we,st. This scenario was u~t to simulate the conservative ~-ssomption,~, The shuttle
bbs has the single highest odour emission rate with an average of 315 olOs. However, the
total e_m__L~sion rate tlted for dispersion modeling was about 3000 ou/s (2953-3305 ou/s).
Additionally, based on tho community odour survey, the odour was described as
moderat~ at it distance of 20 meters away ftom an idling bus. Therefore, odour emi~ious
from a single bus idling should not he ail isaac a~ leng as the idling location is not clo-~e
to the barrier.
Downvt~ash F_ffect due to the Noise Barrier
I~ is possible that under certain ractcorolo~ieal condifion~ the no/~e harrier would
downwash the odours in its wake. However. due ~o the inilial dispersion, it is tmlikely
tha~ odour emissions would concentrate at onc spot on the bonier, On thc other hand, the
cwrrent available plume models carmot simulate the aerodynamic dowowash effect for
eilher volun~ source or area aourc,~. It is also wcll known that plume models arc not able
to c, alculate the dispersion for calm conditions.
Mr. J. Barnsley
Corporate Servic~ Department, Planning & Development
Page. $ of 5
$iEnfflcant Impacts above 1 ou
Thc Ministry of thc Environment (MOE) claims that the modeling predicts "signifies, it
impacts about (sic) I odour unit (ou) at the property line and up to 2.5 ou'. The
definilion of I ou is a concenlialion of odour in a gaseous medium such ~hat :50% of a
population of normal olfactory r~sponsc c/m reliably detect the odour. Even ai an odour
concen~'aiion of 2.5 ou, it is probably that some of h% odour panelists cannot detect an
odour, as indicated by odour palml responses.
TI~ disl~rsiou modelling was used to predict ~e maximum ambient air odour
¢onccatratton in the vicinity of the proposed parking lot for every hour over a five year
period using the most al~propdme historical me[eorologJcal data. For fills whole five year
p~dod th~ overall maximum predict~ odour conccntrat/on of 2.5 ou only occurs during
eleven of those hours or 0.025 % of file Iime and, for 0,096~ of the time, thc predicted
edom concentration exceect~ 2.0 ou. For 0,50% of the time, the maximura odour
conccatragon was predicted io exceed I ou, These pr~:lictions were all based on th~
maximum expected movement of vehicles in the proposed parking lot and, in rcahry, the
above percentages will be lower since vehicle movcmca~s will be lower on many days
when the high odour concentra~ons are predic~e,d to occur. For example, thc highes~
odour impact over file five y~ar period was prc~lictcd to occur on 1anuary 11 at 17;00 h
bm it seems Unlikely thai the vehicle movemems in the proposed parking lot would match
ibe maximum expected movements at this drac of file year,
The. iv, fore, it is unrealistic for the MOB to claim that thor; is a significant odour impact.
Complaints below
Thc Ministry of the Environment (MOB) sta~s filat ORTECH staff, in their reporr,
"claim that complaints would not occur below 50U but give no re£erel~ce for this
stat~raeat". Actually, ORTECH s~aTed/n the report "typically an odour conccntratioa of
5 ou is required before complaints are expected to occur". There is a si~ificant
diff~ce between these two statements a~d ORTECH recognizes that l~gitimatc
complaints ~an occur below 5 ou, hence ~e use of rile word "~ypically'. W~ also used
the word "typically" because we rocoglliz¢ that complaints ar~ influermed by
character, inteBsity and hedonic tone. of the odours in addition to many oth~r factors. It
should also be recognized that vehicle exhaus~ odours are caused by volatile organic
compounds, many of which d~compose rapidly in ambienl air, as dgmoustratcd by the
ORTECH exh~,u~t gas odour rests. The dispersion modelling does not account for any
reduction in the odour concentration beyond the proposed parking lot duo to this
decomposition.
Mr. J. Barnsley
Corporate Services Department, Planning & Development
ORTECH has been in the odour testing and evaluation business for over thirty years an, d
has more expcrienco in th/s ama than any other organization in Canada and, p~rhaps,
North America. Our stat~x~nt above about 5 ou is based on our many years of odour
testing and complaint evaluation. Ir iS also suppOrted by axtensivc odour panel work
which has been carried out in the past at ORTEC'H t~ detelTn~e 'Ired compare odour
threshold values and complaint threshold values for spec/ftc odorous chemicals.
Complaints at 1 ou
It is very di~cult to understand the MOE statement that complaints occur, apparently
often, at odour concentralio~s of I ou but they give no r~fer~ncc for thlg statement. It ii;
suggested that such a situation is influenced by one olr moro of the following factors:
~ complainant is hypersensitive to tho odou~
the compla/nant has vexatious reasons for compla/ning
odours are eraa~ating from incompletely documented multiple sources
inappropriate odour sampling/dispersion modeling techniques were used
not all thc sources of odour emissions were included in thc disporsion modeling
inherent crmm associated wi~h odour testing and aispe, tsion modelJing
the sampling pe~od did not correspond to th~ complaint period
ORTECH would be plcascd to review any information which can be provided by thc
MOB to support their stalcmem.
Stamhrd of 1 ou
The MOE states that 1 ou "is the recognized standard that must be met". The MOE
should explain the following:
· wh~re, in the Ontario l/nvironm~ntal Protection Act or its Regulations, is this
"standard" d~fined
who recognizes this "standard"
e must this "standard" always be met
e has any facility ever been charged for specifically exceeding this "standard"
e where official documentation on this "standard" and ils interpretation can be located
does this "standard" apply to roadways and parking lots
It is ORTECH's understanding that the MOE specifies a maximum odour concentration
of I ou in Certiflca~.s of Approval, often with specific qualifiers attacbed to this value.
This is not a standard but is usually regarded as a guideline or ~arget to avoid odour
complaints. Odour testing has shown that there are many industrial facilities in Ontar/o
which exceed 1 ou while operating and some have had lo modify their operations to
reduce their odorous emissions, but we ar~ not aware of any facilities which have been
Shut down or chitrgcd for cxcccgting i ou,
ID=~?7 55~ 5592 r' '.,~',
Mr. J. Bar. Icy
Corporate Services Department, Planning & Development
If the Iou limit applies to moving vel'doles in pa~king lots and roadways, it is our
contention that every major mall or municipal pm'king lot and busy roadway in the
Pwvmce is out of compliance, given that at the peak hour the maximum simultaneous
vehicle movements in the proposed puking lot is only 20 vehicles and most parking lots
do not have banicrs which may mitigate thc effects of odorous vehicle emissions.
Oilier jurisdictions have differem allowable odour couccntratlons. For example, most of
states in thc United States which address this issue use an allowable odour
conccntration of 7 au.
Chronic Emissions at Iou
The MOIl should explain why odour concentrations at 2 ou should be described as
"chronic" when perhaps 25% of a population of normal olfactory response would not be
able to even detect an odour at this con~ntration.
Stepl~Thomdyl~, M.Eng., P.Eug.
LV~anaEer, Emisaions As.~essment
GARNET & SUSAN SHAW
5830 Sunnylea Crescent
Niagara Falls, Ontario
L2G 2R9
(905) 358-0472
August 8, 2003
Mr. Douglas Darbyson
Director of Planning and Development
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Dear Mr. Darbyson:
Re-'
Proposed Parking Lot and 14 Residential Lots, Ailanthus Avenue
We reside at 5830 Sunnylea Crescent, Niagara Falls, Ontario. We are very aware of the proposal
for a parking lot for 1360 parking spaces and 14 residential lots to be made by Niagara 21st Group
Inc. to City Council on August 11, 2003.
We fully support the proposal for the parking lot, employee centre/security building and 14
residential lots to be placed on Ailanthus Avenue. We are satisfied with the reports that have been
submitted by the owners of the lands and have no concerns with respect to these reports.
We would prefer to see the parking lot and 14 residential homes be built rather than apartment
buildings, numerous single homes and or multiple dwelling homes.
We ask that you give a copy of this letter to all Council members so that they are aware of our
support for this application.
Very truly yours,
Garnet and Susan Shaw
AU$ ! 12003
Corporate Services Department
· i'ha ("th, ~ ~ Planning & Development
' '"' ~'" ~ '"" WJl 4310 Queen Street
Niagara Falia~l~,. P.O. Box 1023
Canack3 ~' Niagara Fails, ON L2E 6X5
~T~ web site: www.city, niagarafalls,on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: planning~}city, niagarafalls.on.ca
PD-2003-69
Doug Darbyson
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of thc Municipal Council
City of Niagara Falls, Ontario
Members:
PD-2003-69, Cash in Lieu of Providing Parking Agreement
Between the Corporation of the City of Niagara Fails and
the Operators of the Second Floor Zombie Zoo Restaurant,
1397837 Ontario lac. o/a Zombie Zoo
Property Municipally known as: 5026 Centre Street
RECOMMENDATION:
* THAT THE MATTER BE REFERRED TO STAFF.*
BACKGROUND:
In March 2000, building permits were approved permitting renovalions to the existing building to
accommodate a change in use from a restaurant facility to a "Horror Museum" and provide a new
second floor restaurant, to be called the Zombie Zoo. To date, the restaurant has yet to open..
Occupancy for the restaurant is "grandfathered" to alimit of 130 persons due to parkin~ constraints.
The applicant wants to increase the occupancy of thc restaurant from 130 persons to 270 persons.
The IncreaSe in occupancy (140 people) requires 28 additional parking spaces.
The tenant has requested approval for a"cash-in-lieu" agreement rather than provide on-site parking
(see attached letter). The applicant has further requested that the first payment be deferred for one
year with the possibility that the agreement be cancelled if he successfully acquires and rezones a
site to provide for off-site parking.
Cash-in-Lieu Policy
Cash-in-lieu applies to commercial areas which are pedestrian oriented. The subject property is
located within an area of the City where the cash-in-lieu policies apply. Cash-in-lieu is an exception
to the rule which may be granted where:
a)
b)
hardship prevails;
a change in use in an existing structure is proposed;
Working Together to Serve Our Community
Clerks · Finance . Human Resources · Information Systems · Legal · Planning&Development
August 11,2003 - 2 - PD-2003-69
c)
d)
a development is contributing to the revitalization of the area;
for those developments that will have a "minor impact" on the area.
The current calculation for one parking space in this area is $24,000 for which the applicant is
responsible for 50 percent. Payment may be made by installments to a maximum of five (5) equal
payments. The first payment is due at the time of signing the agreement.
General Review
The opportunity exists for the restaurant to open now with an occupancy of 130 people. The
applicant is a tenant in the building who wishes to expand the occupancy to ensure the viability of
the operation he envisions. The additional 28 parking spaces required have a calculated value of
$336,000 ($24,000 x 28) of which $168,000 (50%) is payable by the operator. Normally a request
for cash-in-lieu of parking would be supported where it supports the overall municipal strategy
provided the agreement is registered on title so that the City may secure payment against the property
taxes, if necessary.
However, the owner, Kue Hoy Ltd., is not willing to authorize that the agreement be registered on
title of their property. Since the agreement cannot be registered on title, a different type of security
is needed to guarantee payment to the City. The applicant proposes to provide $12,000 as payment
for one parking space to show good faith and provide a letter of credit of $55,200 as the balance of
the first installment as security. He has asked that the letter of credit be held for one year. During
the one year period, the tenant hopes to secure sufficient land to provided 28 parking spaces off-site
and tie it through a zoning application for the Centre Street property. If successful, the operator
would ask for a release of the letter of credit.
The request, therefore, is for permission to enter into a cash-in-lieu agreement with the City for a
period of five (5) years, but tailored to his needs so that full payment of the first installment would
occur at the end of one year rather than at the date execution of the agreement. He is also seeking
the release of the agreement and the security if he provides parking elsewhere within that year, thus,
operating for a year bypaying only $12,000. The $12,000 would be non-refundable and would result
in the credit of one additional parking space to the Centre Street property to the benefit of the owner.
If Council were to agree to this arrangement, it should be done "without prejudice" since it is the
body responsible for the decision on any rezoning application pertaining to off-site parking. If at the
end of one year parking has not been secured, then the City could cash the letter of credit which
would result in a further 4.6 parking spaces credited to 5026 Centre Street. However, at this point
the City would not have any further guarantees of payment. The City would have two options if no
further security were provided. First, it could require that the operator scale back operations to the
extent of parking which is credited to the restaurant. Second, it could initiate legal action against
the operator for non-compliance with the cash-in-lieu agreement. Both are difficult situations for
the City.
The provision of off-site parking is viewed as being contrary to municipal policy in areas where
cash-in-lieu is an option. The provision of additional municipal parking in high pedestrian areas has
an overall benefit to the commercial operators while meeting the needs of visitors. Therefore, staff
normally encourages the use of cash-in-lieu of parking requirements in order to augment the cost of
providing public lots.
August 11, 2003 - 3 - PD-2003-69
CONCLUSION:
The applicant proposes to intensify the restaurant use allowed on the site. The property is within a
cash-in-lieu area where agreements would normally be supported. However, the requested
arrangements and changes to the established policy do not provide adequate protection to cover the
City's interests. Further, the applicant as indicated his particular interest is to provide parking for the
use off-site and would be looking to terminate the cash-in-lieu agreement at a later date. Council
should consider seriously the consequences of any action to authorize a "cash-in-lieu" of parking
agreement as requested. If approvals are issued, it should be without prejudice regarding any further
applications/requests.
Prepared by:
Alex Herlovitch
Deputy Director of Planning &
Development
Respectfully submitted:
-~ John MacDonald
Chief Administrative Officer
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
AH:pb
Attach.
S:~PDR~2003hnD2003 -69, Cash in Lieu of Pkg 5026 Centre St4.wpd
July 22, 2003
Pl~u~ Reply ~o Nia$,~-~ FsJL~
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Ma~or Wa?ne Thomson and Members of Council
Dear Mayor Thomson and Members of Council:
Re: 1397837 Ontario lnc, o/a Zombie Zoo
5026 Centre Street
Cash-in-Lieu of Parking
RECEIVED
JUL 2., 2003
PLANNING
& DEVELOPMENT
This letter is written further to our letter of July 15, 2003.
Pursuant to Mr. Bill Clark's request, this letter will serve as our recummended proposal for the
requested Cash-in-Lieu of Parking agreement in this matter.
Our proposal is set out below and fully complies with the City's Cash-in-Lieu policy which was
last amended and ratified by council last year including, more particularly, the following
provisions:
(a)
The defined circumstances wherein a cash payment in lieu may be granted include
where hardship prevails, a change of use in an existing structure is proposed, the
development contributes to the revitalization of the area and/or the development
will have a "minor impact" on the area. (It is respectfully submitted that all of
tbe above circumstances apply in this case.)
sullivan Mahofley liP, Barristers & Solicitors
NIqS09 S~gDFIOq I090LG£§06 LB :§I
~0
Co)
Where payment is made by instalments, a maximum of five (5) annual equal
payments amy be made with interest on any outstanding balance equivalent to the
charter bank's prime lending rate at the time of the agreement, (It is respectfully
submitted that no initial payment is required at the time of execution of the
agreement and that payments may be deferred with equal payments on each
anniversary date for a period of five (5) years following execution of the
agreement,)
The agreement is to be registered on title with the applicant responsible for the
costs of the same. (It is respectfully submitted that the current policy doe~ not
contemplate the situatlon where the applicant is a tenant and the
landlord/property owner refuses to have the agreement registered on title ta
its property. This is the situation in this case where the landlord/property
owner refuse~ to have nn agreement registered on title.)
(d)
Any monies paid for Cash-in-Lieu of Parking are to be applied by the City for the
acquisition of land mud construction costs for provkling parking spaces in direct
correlation with the .l~rnber of parking spaces that the applicant can not provide
under the zoning by-law. (It i~ respectfully submitted that in the cue where an
applicant has acquired property for the provision of necessary parking
under the zoning by-law and is prepared to legalize the parking spaces
without delay, any cash payment in lieu made by the applicant in advance
would no longer be required to construct the necessary parking spaces and
would only benefit and serve as a win fall for the landlord/property owner in
the ease where the landlord/property owner is not prepared to co-operate to
allow the agreement to be registered on title.)
By way of background, the reason for the request to bi allowed to make Cash-in-Lieu of Parking
spaces is that our client requires an additional twenty-eight (28) parking spaces to c~mply with
the parking requirements under the by-law to allow for the operation of a new restaurant and
lounge on the subject property pursuant to a liquor licence for two hundred and seventy (270)
persons. The Aloohol and Gaming Commission of Ontario is ready and willing to issue the
licence upon receipt of a letter of compliance fxom the City that the establishment complie~ with
all by4aw requirements including, more particularly, the minimum parking requkements. Our
client has invested substantially in the establishment and are in dire nebd of opening for business
to generate some income failing which, we are advised, that their entire investment will be lost.
As such, our client can not wait six (6) to nine (9) months to pursue a zoning by4aw amendment
and site plan approval for property it owns in the ~rea to provide necessary parking but is
prepared to initiate these applications forthwith.
Briefly, our proposal for council's consideration is as follows:
(a)
Although no payment upon execution of the agreement is mandated by the Cash-
in-Lieu policy, our client is prepared to make payment in the amount of
$12,000.00 for which they will receive a credit of one (1) parking space;
EO 39~d NI~S09 S979~00 IOSOLS~S06 L0:SI
(b)
Our client will pay to the city the remainder of the Cash-in-Lieu for twenty-seven
(27) parking spaces, being the principal sum of $324,000.00, in five (5) annual
and equal instalments as follows:
(i) $64,800.00 due on the first anniversary date of the agreement;
(ii) $64,800.00 due on the second anniversary date of the agreement;
('ill) $64,800.00 due on the third ~nniversary date of the agreement;
(iv) $64,800.00 due on the fourth anniversary date of the agreement; mtd
(v) $64,800.00 due on the fffih mmiversary date of tho agreement.
In addition to the above principal payments, our client agrees to pay to the City, at
the same time as the principal payments, interest on all outmmding principal
payments at a rate of 5.125% per annum~
Our client will be entitled to a credit or refund, as the case may be, for any
principal payments made if within the five (5) year term of the agreement the City
no longer requires the provision and malmenance of the twenty-seven (27)
parking spaces by reason of repeal or amendment of by-law no. 79-200 or any
other by-law of the City, the mlbject building is demolished, there is a permanent
cessation of the use of the subject premises or our client is able to provide the
necessary twenty-seven (27) parking spaces, or whatever the required number of
parking spaces may be in the future, (the "Triggering Event") as follows:
If the Triggering Event occurs prior to the first anniversary date, no
principal payments will be required;
If the Triggering Event occurs after the first anniversary date and prior to
the second anniversary date, a refund of eighty-five (85%) percent of
principal payments made would be granted;
Oii)
If the Triggering Event occurs after the second anniversary date and prior
to the third anniversary date, a refund of seventy-five (75%) percent of
principal payment, made would be granted;
If the Triggering Event occurs after the third ~niversary date and prior to
the fourth anniversary date, a retired of sixty-five (65%) percent of
principal payments made would be granted; and
P~ 39Vd NIgSOD SVqD~O~ ~§BI§£S~6 10:§~
If the Triggering Evem occurs after the fourth annivers~y date and prior
to the fif[h anniversary date, a refund of fifty (50%) percent of principal
payments made would be granted.
For greater certainty, should our cliem be able to provide a portion of the twenty-seven (27)
parking spaces, the total cash-in-lieu payable would be reduced acenrdlngly (e.g. $12,000.00 x
number of parking spaces provided) along with a corresponding reduction in the remaining
annual installments. As well, a credit or refund, as the case may be, would be granted in
accordance with tho above formula for the psrtdng spaces provided.
We would respoctfuliy submit that the above proposal complies with the City's ~rrent Cash-in-
Lieu policy and recognizes the predicament of a te-~nt enterS-E into a Cash-in-Lieu of P~klng
agreement with the City where the landlord does not wish to have the agreement registered on
rifle and, on the other hand, gains a win fall from payments made by the tenant.
We would request that a special meeting of council be convened during the week o£ ~uly 28,
2003 to consider our client's application for Cash-in-Lieu of parking.
Should you have any questions in respect of this matter or require any additional information,
please do not hesitate to contact this writer.
Yours very truly,
SULLIVAN, MAHONEY LLP
Per:
]~.0c¢o Vacca
RV:pd
e.e. Bill Clark
Alex Herloviteh
Michael Allen
1397837 Ontario Inc,
SO 39Vd NIqSO~ S¥~9~0G TOSOZ§ESOfi LO:§~
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-2003-75
Doug Darbyson
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
PD-2003-75, Request for Extension to Draft Plan Approval
Chippawa West Phase II, File 26T-94009
Owner: Queensway-Chippawa Properties Inc.
RECOMMENDATION:
It is recommended that Council support a one-year extension to draft plan approval for the Chippawa
West Phase I/Plan of Subdivision, conditional on the applicant maintaining the appropriate
subdivision sign 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 two 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
The developer has submitted a request for a three-year extension to draft approval of the Chippawa
West Phase II Plan of Subdivision (see attached letter and location map). Original draft approval
for the plan was received from the Region on August 15, 1996. Previous requests have been granted
by Council to extend draft plan approval for the subdivision.
Working Together to Serve Our Community
Clerks · Finance Human Resources Information Systems Legal Planning & Development
August11,2003 -2- PD-2003-75
The subdivision conforms to the City's Official Plan and the land is zoned appropriately. This large
plan has a mix of residential dwelling types. The first phase of the subdivision contains over 200
units. There are no additional expenditures required on the part of the municipality for external or
internal servicing or oversizing. The developer intends to proceed with the subdivision when market
conditions and servicing costs are appropriate. The City owns a large woodlot in the southwest
portion of the plan. The Region has no objection to the extension of draft approval for a one-year
period. This annual extension review was noted when subdivision approval authority was delegated
to the City and allows the regular consideration of the appropriateness of subdivision design and
conditions.
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 August 15, 2004) to draft plan approval can
be supported, conditional on the subdivision sign being maintained for public information purposes.
Prepared by:
Richard Wilson
Planner 2
Recommended by:
Doug Darbyson
Director of Planning & Development
Approved by:
T. Ravenda
Executive Director of Corporate Services
RW:gd
Attach.
Respectfully submitted:
John MacDonald
Chief Administrative Officer
SSPDR~2003~PD2003-75, Chippawa West Phase II.wpd
Fletrus
July 7, 2003
1700 Langstaff Road, Suite 2003, Concord, Ontario L4K 3S3
Tel: (905) 669-5571
Tor: (416) 798-7229
Fax: (905) 66%2134
City of Niagara Fails
Planning and Development Department
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Attention: Mr. Richard Wilson, City Planner
Dear Sir:
Re:
Queensway Chippawa Properties Inc.
Chippawa West Phase 2; Draft Plan 26T 94009
Request for Renewal of Draft Plan Approval
Please be advised that we wish to request the extension of draft plan approval for the
above noted plan for a further 3 years.
As per the issuance of Draft Approval, we are requesting that the above noted Draft Plan
be extended for 3 years per the current policies within the Planning Act. It is our intention
to commence this development once the market conditions and servicing costs are
appropriate.
If any fees are involved in extending Draft Plan approval, please advise.
I await your comments in regards to the above.
Yours tr.r~y~ INC.
Darren Steedman
Proiect Manager
DS:ST
RECEIVED
,JUL - 9 2003
PLANNING
& DEVELOPMENT
MEMBER
Draft Plan of Subdivision
Chippawa West Phase II
26T-94009
LOCATION MAP
Subject Lands
1: NTS
K:\GIS_RequestsX2003\Schedules\Subdivisions\chphase2Lmapping. apr August 2002
3ul 30 ~003 11:458M Mia~ara Falls 8viar~ Inc ~05-353-818B p.2
NIAGARA F
AVIARY
Dean Iodida
Clerk's Division
City of Niagara Falls
4310 Queen Street, Box 1023
Niagara Falls, ON, L2E 6X5
Canada
The Niagara Falls Aviary is requesting to be p/aced on the Council Agenda for August
11, 2003.
The request is for consideration in allowing The Niagara Falls Aviary to place banners on
light po/as situated on Hiram St. and Falls Ave. Thc Niagara Falls Aviary is requesting
that these banners stay for 1 year.
Niagara Falls Aviary
Owner/Operator
5651 River Road
Niagara Falls, ON L2E 7M7
Tel.: 905-356-8888 Toll Free: 866-994-0090 Fax: 905-353-8266
www. niagara fallsaviat ~,.com
Community Services Department
Municipal Works
Inter-Departmental Memorandum
To:
From:
Subject:
Mayor Wayne Thomson and
Members of Council
Darrell E. Smith, P.Eng.
Manager of Engineering Services
Extension 4290
Streetlight Poles and Private Banners
August 8, 2003
The City of ~l~
Niagara Falls lJ~l~
For your information, Staff are reviewing a procedure for the hanging of private banners off of City
streetlight poles. One of the issues being examined is a fee for the rental of the air rights over the
road way. This fee may also be applied to signage which overhangs the road allowance.
Staff will be bringing forward a comprehensive report in the near future.
DES/des
Wor[~n0 Tooet~er to Seroe O~r Commanit~
YOUR WORSHIP AND MEMBERS OF COUNCIL:
I 'AM FORMALLY ASKING YOU THE COUNCIL OF Tile CITY OF NIAGARA
FALLS TO PASS A RESSALUTION MAKING IT PUBLIC INFORMATION ON:
1) WHAT COUNCIL MEMBERS ARE ON WHAT BOARDS.
2) THEIR A'ITENDENCE ON THESE BOARDS.
~}) WHAT THEIR PAID TO BE ON THESE BOARDS,
THE REASON 1 ASK YOU FOR THI.q INFORMATION IS THAT IT HAS COME TO MY
ATTENTION THAT CERTAIN IV/EMBERS THAT ARE OUR ELECTIVES, AND ARE
APPOINTED TO CERTAI~ BOARDS, DO NOT SHOW UP FOR MEEITLn'GS AND ALSO
DEDICATION CEREMONIES. 1T IS IN MY OPINION THAT IF YOU ARE TO REPRESTANT
THIS CITY'S COUNCIL AND THE BOARDS THAT YOU ARE ELECTED TO AND ARE PAID
FOR, 'rHI~N YOU SHOULD BE THERE. THERE ARE VOULENTEER3 OUT IN OUR
COMMUNITY THAT WOULD BE PROUD TO WORK ON 'fHESE COMMI'ITEES LET ALONE
GET PAID FOR IT.
SINCERLY YOU-RS.
WILLIE TRACEY
NIAGara, FALLS ~}~.
YOUR WORSHIP AND MEMBERS OF COUNCIL:
AT THE JULY 14TH COUNCIL MEETTING IT WAS BROUGHT TO COUNCILS AND
THE PUBLICS ATTENTION ,THAT CERTAIN AREA~S OF OUR CITY WHERE AND ARE
BECOMING EYE SORES. WELL I'AM GLAD FINALLY SOMEONE IS PAYING ATTENTION,
WITH ALL THE NEW DEVELOPMENT GOING ON, WE SEEM TO HAVE FORGO'I'FEN THE
OLD DEVELOPMENTS, AND HOW THEY HAVE BECOME THESE EYE SORES.
NOW THIS IS ONE THING WE DON'T NEED TO GET A STUDY OR SURVEY DONE
FOR, ONE JUST NEEDS TO TAKE A GOOD LOOK, AND WE'LL SEE WHAT HAS
HAPPENED AROUND OUR WORLD CLASS DESTINATION. JUST GO DOWN TO RIVER
ROAD AND LOOK OVER THE WALLS OF THE GORGE. WHAT HAS HAPPENED TO OUR
NATURAL BEAUTY. THEN THERES THE 5 CORNERS, BEHIND THE CENTRE STREET
AREA'S, DRUMMOND RD (UNION CENTER) AREA, ALONG MC LEOD RD, BRIDGE
STREET AND YES EVEN DOWN ON QUEEN STREET. THIS IS JUST TO NAME A FEW.
SO WITH THIS SAID AND NOW THAT WE AS A COMMUNITY ARE AWARE, ITS
TIME WE PULL UP OUR SOCKS. I HAVE A FEW SUGGESTIONS ON HOW TO GET THESE
PROBLEMS SOLVED AND GET COMMUNITY INVOVELMENT.
1) LETS WORK WrlH THE BOY'S AND GIRLS OR THE Y.M.C.A YOUTH GROUPS ALONG
.WITH A SENIOR CITIZEN HOME, PUT THE TWO TOGETHER AND A BUS FROM THE
TRANSIT, THE YOUTlt OF TOMORROW AND THE EXPEREINCE OF 'IHE PAST A FEW
FLATS OF FLOWERSAND IT WILL BE A BEAIJ'IIFUL THING TO COME. NOT ONLY WILL
THE YOUTH LEARN TO BECOME INVOLVED IN THE COMMUNITY THEY WILL ALSO
LEARN THE VALUE OF OUR HISTORY AND FRIENDSHIP FROM OUR CITY FOUNDERS.
2) THE JOHN HOWARD SOCIETY HAS TWO PROGRAMS AVAILIBLE TO NON- PROFIT
ORGINZATIONS
A) COMMUNITY SERVICES: THIS ALLOWES AN INDIVUAL TO WORK OFF HIS DEBT
TO SOCIETY BY OFFERING THEIR SERVICES IN 'IHE COMMUNITY eg CU'I"I'ING
GRASS,WEEDS AND PLANTING FLOWERS. AS PART OF TH I ER DEBT THEY ARE GIVEN
SO MANY HOURS AND A CERTAIN AMOUNT OF TIME TO COMPLETE THOSE HOURS
B) INTERMITTING PROGRAM: LOW END OFFENDERS ARE GIVEN TH E OPPRITUNITY
TO DO WEEK-ENDS AND IN EXCHANGE THEY WORK THROUGH A SUPERVISER (FROM
THE JOHN HOWARD SOCIETY) DOING COMMUNITY WORK eg CUTI'ING GRASS ,WEEDS
AND PLANTING FLOWERS ecl THEN THEY ARE ALLOWED TO GO HOME TO THEIR
FAMILIES DURENG THE WEEIC'I'HIS IN TURN ALLOWS THEM TO PAY THEIR DEBT AND
BE PRODUCTIVE IN THEIR COMMUNITY AND THE BEAUTY OF THIS IS; NO COST TO
THE TAX PAYER AND THE FREELNG UP OF SPACE IN THE ALL READY OVER CROWDED
JAIL SYSTEM MAKLNG ROOM FOR MORE SERIOUS OFFENDERS.
CONTACTS AT JOHN HOWARD SOCIETY: SUPERVISER MI~ JIM WILLS
COMMUNITY SERVICES: Ms. KHATA NAKHODA
(905) 682- 2657
$) AND FINALLY; I BELIEVE IT WAS THE CITY OF MISSISAUGA THAT OFFERED THE
CITIZENS TO PICK A CITY OWNED PROPERTY eg BUS STATION OR PARK ect TO
MAINTAIN MY eg IS BUS TERMINAL THE TREES AT OUR BUS TERMINAL HAVE LITTLE
WHITE ROCKS AROUND THE BASE OF THE TREE, YOU KNOW THESE ROCKS THAT
END UP ON SIDEWALKS OR ON THE ROAD OR JUST DISAPPEAR ALL TOGETHER WELL
GET RID OF THOSE PESTKIE ROCKS, THROW IN SOME TOP SOIL A FLAT OR TWO OF
PLANNING ETtNB A__?6 I 1 2003
FLOWERS AND WA - LA YOU HAVE A BEAUTY ONCE AGAIN. AND FOR THE PERSON
TU. AT DONATES THE~ TIME AND MONEY ( ON YEARLY BASES)ALLOW TU. AT PEP~ON
TO STICK A PLAQUE IN THE GROUND IN MEMORY OF A LOVED ONE. NOT ONLY WILL
THE NEW ARRIVALS TO OUR CITY ENJOY TH E BEAUTY SO WILL THE COMMUNITY.
IN CLOSING I WOULD LIKE TO SAY THAT THESE ARE JUST A FEW SUGGESTION !
HAVE COME UP WITH OFF THE TOP OF MY HEAD AND AT NO ADDITIONAL COST TO
THE TAX PAYER
THERE ARE ALOT OF PEOPLE IN OUR COMMUNITY THAT WOULD LOVE THE CHANCE
TO GET IN VOVELED I'AM SURE THAT ONCE THESE AND OTHER GROUPS ARE GIVEN
THE CHANCE TO GET INVOLVED OUR 100TH BIRTHDAY AND OUR CITY WILL LOOK
BEAUTIFUL. ...................
SINCERELY YOURS
NIAGARA FALLS ON
(905) 354 - 5807
Mr. & Mrs. Mark Newman
7884 Spring Blossom Drive, Niagara Falls, Ontario L2H 3J3
(905) 354-4860
July 29, 2003
Mayor Wayne Thomson
Members of Council
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
Re: Unreasonable Noise Disturbances
Your Worship and Members of Council;
Please accept this letter as a formal complaint regarding the unreasonable and excessive noise that is
emanating from Tropix Chill & Grill, located at 7906 Lundy's Lane.
I am aware that some alderman have been personally contacted regarding this same complaint, a petition,
which was signed by me and 75% of our neighbours, was delivered to you and your bylaw enforcement
office has also received complaints regarding the same issue, yet the problem continues.
I have contacted the Niagara Regional Police regarding this establishment, I have called the business
directly, etc., yet they continue to play their music so loudly that we can not sleep, can not enjoy our own
backyard, can not leave our windows open, our children are constantly awakened throughout the night,
those who have early work hours are sleep deprived and even with our recent installation ora central air
conditioning system, we can not drown out the noise.
Yet again, on Monday July 29, 2003, the noise was back again. At 1:35 am I called the Niagara Regional
Police to complain but unfortunately the noise did not stop until 2:30 am. You can then imagine what is
was like to arise at 7:00 a.m. for work.
As I am sure you will agree, there is no reason why the volume of the music needs to be heard in our own
backyard and inside of our house. It is quite simple to direct their speakers and designate a volume level
that will provide the entertainment for their customers while at the same time, not bothering nearby
residents.
I do not understand why the owner(s) and/or manager(s) are not willing to be a community minded
business establishment by operating their business in a fashion that is not offensive to others.
I am also aware that our neighbourhood is not the only one with a similar complaint and I am sure that
you will be receiving, if you haven't already, the same types of complaints from across the city.
(cont...2)
Mr. & Mrs. Mark Newman
7gg4 Spring Blossom Drive, Niagara Falls, Ontario L2H 3.I3
(905) 354-4860
(2)
As I am a manager of a local business, I understand the necessity of ensuring that businesses and
residents work together to solve any concerns. In the last 7 years, 1 have only received 2 complaints from
nearby homeowners. Those residents contacted me directly and their concern was dealt with
immediately as we are not in the business of offending neighbours - after all, they could also be current
or potential customers.
In closing, I thank you in advance for your attention to this correspondence and look forward to a
response that will include a solution for myself and others and am in agreement with the previous
suggestion to restrict the volume levels from radiating beyond a 100 ft radius of any outdoor patio in the
city.
If you require further information, please contact me directly at (905) 329-5976.
Sincerely,
Mrs. Carol Newman
c.c. Mr. & Mrs. D. Price
Alcohol & Gaming Commission of Ontario
TOMATAFEST
Mr. Dean Iorfida
City Clerk
City of Niagara Falls, ON
L2E 6X5
Dear Dean:
It is my pleasure to inform you that we are fast approaching The 5th Annual Niagara BIGGA
Tomatafest. It's a hot year for tomatoes in Niagara! The 5th Annual Niagara Bigga Tomatofest is
a fundraising community event supporting The United Way of Niagara.
As we have done in previous years, we have come to Council to ask for a proclamation for the week
of the Niagara Bigga Tomatafest. This year the festival runs from August 14, 15, and 17th, 2003.
We are requesting to come to Council to ask for the proclamation on this community fundraising
event from August 11 to August 17th, 2003.
This community festival has grown from a one day event to a 3 day event, We appreciate all your
assistance regarding this request. I look forward to hearing from you. You can reach me at 905-
351-7745. All proceeds to this event are going to United Ways of Niagara.
With Appreciation,
Carol Henderson
Public Liaison, Niagara Parks Commission
PLAnNiNG M .ETtNG._A 6 1 1,2003
NIAG A
PUBLIC HEALTH DEPARTMENT
The Regional Municipality of Niagara
Office ol= The MedicalOfficer of Health
573 Glenddge Avenue
St. Catharines, Ontario L2T 4C2
Telephone:(905) 688-3762 or 1-800-263-7248
FAX: (905) 682-3901
E-mail address: robin.williams@re.qional.nia,qara.on.ca
June 9, 2003
Mayor Wayne Thomson
City of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario L2E 6X5
Dear Mayor Th~n:[~m~
The Regional Niagara Public Health Department would be grateful if you would honour our
request to officially proclaim September 9, 2003 as "FetalAIcohol Syndrome Awarenes~ Day.
If a woman drinks alcohol during her pregnancy, her baby can be born with a range of permanent
disabilities. Fetal Alcohol Spectrum Disorder (FASD) describes the range of these disabilities, and
includes a cluster of conditions, including Fetal Alcohol Syndrome (FAS), and other Alcohol Related
Effects. FASD is one of the leading known causes of preventable birth defects and developmental
delay in Canadian children. Fetal Alcohol Syndrome and other Alcohol Related Effects are 100%
preventable, if a pregnant woman does not consume alcohol during pregnancy.
Locally, the Reproductive Health Program at the Regional Niagara Public Health Department is
continuing to work to increase public awareness about the consequences of drinking alcohol during
pregnancy.
Why September 9~h? On the ninth minute of the ninth hour of the ninth day of the ninth month, we
ask the world to remember that during the nine months of pregnancy, a woman should not drink
alcohol. To mark this occasion, we ask that you observe the worldwide '"Minute of Reflection" at
9:09 a.m. The minute of reflection is dedicated to remembering the millions of people around the
world who are living with alcohol related disorders such as Fetal Alcohol Syndrome, AND resolving
to do everything we can to reduce the number of infants born with FAS or other Alcohol Related
Effects. In Canada, at least one baby per day is born with FAS - a disability that will have
repercussions for the child, his or her family and community for the rest of the individual's life.
Thank you in .advance for raising awareness about Fetal Alcohol Syndrome and other Alcohol
Related Effects in your community. I have enclosed a suggested proclamation that has been
previously used in numerous cities and towns around the world, as well as some background
information about Fetal Alcohol Syndrome, including a poster for display.
Yours truly,
Robin C. Williams, M.D, DPH, FRCPC
MedicaJ Officer of Health ...... ~ ~J~0
Dedicated to achievin a Healthier Nia ara
BEER · WINE · LIQUOR · COOLERS
cohol is best
rot your baby
BE A
FOR MORE INFORMATION, PLEASE CONTACT:
NIAGAI~A
Adapted from The Government of Saskatchewan and Bruce~Grey~Owen Sound Health Unit - Jury 2001
PUBLIC HEALTH DEPARTMENT
905-688-3762 or 1-800-263,7248
PATRON
Her Excellency
The Right Honourable
AdrienneClarksot%cc,cMM CD May
26,2003
Governor Generat of Canada
PAST CHAIR
Robert Aylwa rd
CHAIR
Heather A. Howe
EXECUTIVE DIRECTOR
Wendy Wong
'VICE CHAIR
John R Bujouves
VICE CHAIR
Robert D. Inman, Mo, FaC
TREASURER
John R 8ujouves
SOLICITOR
Christopher A. Hewat
DIRECTORS
Honey Agar
Robert Aylward
William G. Bensen, MD,, F.R C R(C)
John R Bujouves
Duncan Campbell
Simon Carette, MD,, F R C P{C)
Grant Ertel
Robert Finlay
Judith Glynn
Shirley Haslam
Christopher A. Hewat
Glenn Hills
Heather Howe
Robert D. Inman, MD,
J. Rory MacDonald
Greg MacNeil
Janet MacPhail
Donald E. McGregor
John R. Pike
Wendy Rinella
PAST CHAIRS
Robert Aylward
Douglas Bassett
Lt. Gen. (Retid) James L Davies
T. Richard Davies
Tony Felt
E. Sydney Jackson
Marion Leslie
Richard E. Lint
Robert E.H MacdonaLd
lan A. Macintosh
Ronald J. Simpson
Larry Youe[I
Business (Char[table
Regislration) Number:
10807 1671 RRO004
The Honourable Mayor Wayne Thomson
Niagara Fails City Hall
4310 Queen Street
Niagara Falls, ON
L2E 6X5
The.~1~
Art rltlS
Society
Dear Mayor Thomson:
By the year 2031, one million more Canadians will be affected by Arthritis per decade.
Unfortunately, Arthritis is ranked second among the four most costly illnesses in
Canada. However, there is hope. Every year researchers are making progress in the
fight against this crippling illness.
In order for the research to continue, we rely on the support from the community. By
local fundraising, educational progress and services are made possible.
September is National Arthritis Month. The Arthritis Society will again conduct a
residential campaign during the month of September 2003.
We would like to arrange with you a flag raising ceremony to be held outside City Hall
on Wednesday, September 3, 2003 at l~l~}_ _a.m. Your attendance would help to
promote this event and make it more prominent m your commumty. We would also
like to request that our flag remain displayed for the entire month of September to
continue to promote the awareness of The Axthritis Society and Nationai Arthritis
Month.
tf there are any questions or concerns please contact me at the Niagara Peninsula office
at 905-646-7284.
Respectfully,
Amber Levert
Residential Assistant
The Arthritis Society Niagara Peninsula 2-300 Bunting Rd., St. Catharines, ON L2M 7X3
Telephone: 905.646.7284 Facsimile: 905.646.0513 e-mail: imcintosh~,_,on.arthritis.ca
1.800.321.1433 or www.arthritis.ca
HiFS. F~LL$ CLERKS
July 17, 2003
AR ALLS
P.O. BOX 324, THOROLD, ON L2V 3Z3
SPONSORED SY
TNE ROTARY CLUB OF NIAGARA FALLS, SUNRISE
®
City Clerk
City of Niagara Falls
4310 Queen Street, P.O. Box 1023
Niagara Falls, ON L2E 6X5
Dear Sir:
Please consider this letter as a formal petition from the Rotary Club of Niagara Falls
Sunrise. '
Once again, we request that the City Council of the Corporation of the City of Niagara
Falls adopt a resolution to recognize this year's "Art by the Falls" Art and Craft Show as
a designated "Community Festival". This year's show dates are September 12, 13 and
14, 2003.
We also take this opportumty to cordially invite Mayor Wayne Thomson, all the City
Alderman, and City staffto visit Art by the Falls.
Yours truly,
Rt ~Sunrise
'-~ .drew Camer0-fi, P.Eng., O.L3.
Chair, Art by the Falls
I .ET G AUG 1 12003
PLANNING k~ETING.AUG 1 1Z003
Mr. and Mrs. M, Sonier
4329 Sixth Ave
Niagara Falls, Ontario
L2E 4S7
905-374-23262
August 7, 2003
City of Niagara Falls
4310 Queca Street
Niagara Falls, On[
L2E 6X5
Attention: Legal Department
To Whom It May Concern:
My name is Mrs. Lyune Sonier. My husband Mike and I reside at 4329 Sixth Ave. here in
Niagara Falls. Our phone number is 905-374-2362.
This letter is in regards to the August 5, 2003 downpour of vain. At this point we are putting the
City of Niagara Falls on notice.
We know for a fact that there is only aa eight inch pipe handling both the storm and the sewage
water at this end of town, more specifically on Sixth Ave. Each and every time there is a heavy rain we
suffer back up of sewage into our downstairs living arett This living ~rea also is where our bedroom is
located.
We have claimed on our insurance and have been told we will probably be cancelled because of
previous claims. One claim was June 14, 1994-sewer back up another claim was June 17, 2002-sewer back
up and now August 5, 2003-sewer back up.
This last one on August 5, 2003 was the worst one. We have probably lost most of our belongings
and furniture that was in the downstairs area.
We are not looking forward to being cancelled by our insurance for something we feel could be
corrected ff the city would separate the storm water from the sewage water.
My husband and I are now on a pull out couch upstairs and living out of boxes for our clothing. I
am unable to do laundry in my own home because of it being located in the downstairs.
We would also let you know that almost everyone on this end of Sixth Ave. with a basement has
this same problem every time there is a heavy rainstorm.
My husband and I are life lung residents of Niagara Falls and have seen the g~owth taking place.
We want to know if the city is going to cover us every time this happens, seeing as we will probably not be
able to get insurance after this or are they going to correct this problem.
We would like to extend our thanks to Alderman Wayne Campbell for coming out to see the
devastation and assuring us he would do what he could to look into what can possibly be done to rectify
this situation.
Thanks also to Alderwomaa Judy Orr for calling us back and discussing this situation with us.
Yours truly,
Mrs. m~d Mrs M. Sonier
cc: Mayor Wayne Thompson; Members of Council
PL ,IN!NG ETINGo AU$ I 12003
!-i!..'a,C. FP, LLS CLERKS '03 0808 ~. ~',33
City of Niagara Falls
4310 Queen St.
Niagara Falls, Ont.
L2E-6X5
Mr. & Mrs. G Byng
4338 sixth ave.
Niagara Falls, Ont.
L2E-4S8
905-358-3397
Attention: Legal Department
To Whom It May Concern:
My name is Mr. Gary Byng. My wife Brenda and I reside at 4338 sixth ave here in Niagara
Falls.
This letter is in regards to the August 5th 2003 downpour of rain we experienced. At this
point we are putting the City of Niagara Falls on notice.
These past three years have been very hectic for my wife and I; Our basement has
experienced flooding every year during heavy downpours and we do not feel this is fair to us; it
is a very trying time going through insurance claims, clean-up and replacement of assorted items
and the loss of irreplaceable photos and also having to pay a $500.00 deductible each time we
make a claim.
My understanding there is only one sewer line, 8 inches in diameter, to take care of sanitary
sewer and drainage water on sixth ave. north of Bridge St. which seems ridiculous in my
opinion; A reasonable solution would be to install separate lines for sewer and storm water;
The fact is all the homes with basements on sixth ave. north of Bridge St. were flooded;
My wife and I are at wits end and are very seriously considering contacting our lawyer and
explain our situation and the inconvenience these sewer back-ups are causing us!!!!
It doesn't seem logical where a city bringing in big tax dollars fi.om large hotel chains and the
casino can not begin to catch up to modern times and begin replacing decades old sewer lines
I grew up during the times where septic tanks were the normal collection of sewage and storm
water; We feel we would be better offwith a septic tank again but then why should we when we
pay taxes towards an outdated sewer system!! !!
Another worry we have is the possible cancellation of our house insurance which is a very
reasonable possibility!!!
We would truly appreciate it, if the mayor and the city council along with the city engineer
would seriously look into the problem we are experiencing and hopefully correct it!!
Thank you for your time and attention in this matter
Gary and Brenda Byng
Cc: Mayor Wayne Thompson; Members of City Council
Community Services Department
The Cit' of ~& · Parks, Recreation & Culture
Y ~r~m. 4310 Queen Street
Niogoro FOILS !J~l~,~ P.O. Box 1023
COI30do ~ Niagara Falls, ON L2E 6X5
~T~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city.niagarafalls.on.ca
R-2003-54
Adele Ken
Director
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
R-2003-54 Actions Stemming from the Environmental Planning &
Greening Committee Meeting of July 30, 2003
RECOMMENDATION:
It is recommended that Council endorse the actions of the July 30, 2003 meeting of the
Environmental Planning & Greening Committee.
BACKGROUND:
The main item dealt with by the Environmental Planning & Greening Committee was a presentation
by Paula Berketo on the draft Beautification, Streetscape and GatewayMaster Plan for the City. The
Committee approved the draft Master Plan, in principle, and it will be presented to Council on
October 20, 2003. While there are some revisions being made to the final draft Master Plan, the
main reason for the Plan not being presented until October is that Paula Berketo is expecting the
birth of her second child in the next couple of days.
1. Beautification, Streetscape and Gateway Master Plan:
Paula Berketo provided an overview of the Master Plan which includes sections on a number of
target areas for beautification, proposed budget figures and implementation. A large section of the
plan contains detailed concept drawings of all the target areas. The main concern expressed by the
Committee was the need for budgeting staff and equipment to maintain the proposed beautification
areas. This is an item that will be clarified and included in the final draft Master Plan.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation 8, Culture · Business Development · Building & By-Law Services
August11,2003 -2- R-2003-54
2. Other Items:
There were two other items dealt with by the Committee at this meeting. The one matter was the
Ciminelli Site Plan where the Committee had earlier expressed concerns with the lost of trees
adjacent to the Millennium Trail. The Committee acknowledged that the retention of trees on the
site was not feasible and the developer will be placing extensive landscaping and planting of a
number of large trees along the Millennium Trail. The Committee did approve a motion that site
plans be submitted together with applications for rezoning, wherever possible.
The other matter dealt with was the Environmental Assessment for the expansion of Walker
Industries Landfill and the review process which is currently underway.
Council's endorsement of the above would be appreciated.
Respectfully submitted:
BB/das
Alderman Selina Volpatti, Chair
Environmental Planning & Greening Committee
S:\Council\Counci12003~.-2003-54 Actions from EP&G July 30, 2003.wpd
Corporate Services Department
F-2003-39
The of
Niagara Falls lJ~
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
Kenneth E. Burden
Director of Finance
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-39 - 2003 Debenture Issue
RECOMMENDATION:
That Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures
in accordance with the terms and amounts as set out in the attached schedule.
BACKGROUND:
Attached is a schedule of capital projects in the amount of $3,729,000 which are now ready to be
financed by debentures. The amount for financing represents the net costs of the various projects
after the receipt of subsidies, grants, and current revenue contributions. The term of this issue is ten
years.
This debenture issue was anticipated and incorporated into the forecasts of debt and debt capacity
for future years as detailed on Schedule "A" of the 2003-2007 Capital Projects Budget. For 2003,
Schedule "A" indicates that the City's guideline permits a maximum of $9.9 million in annual debt
repayment. The City's current debt repayment is $1.2 million, and the new borrowing will add
approximately $500,000 annually. The new total for debt repayment is still significantly below the
City's maximum guideline.
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
Clerk's · Finance Human Resources Information Systems Legal
Planning & Development
2003 DEBENTURE ISSUE
Capital
Account No.
C-002-8119
C-002-8122
C-008-8289
C-008-8222
C-037-8579
C-010-8175
C-038-8906
Capital Project Description
Radio System
S.C.B.A. Equipment Replacement
Drummond Road Hydro Bridge
Deck Replacement
Stanley Avenue Underground
Main Street to McLeod Road
Chippawa Outdoor Pool
Transit Coaches 2003
New Southwest Branch Materials
Financing Retirement
Request Term
$ 435,000.00 10years
496,000.00 10years
866,000.00 10years
1,000,000.00 10years
152,000.00 10years
535,000.00 10years
245,000.00 10years
$ 3,729,000.00
SCHEDULE 'A'
CITY OF NIAGARA FALLS
CAPITAL CONTRIBUTION AND DEBT MANAGEMENT
2003-2007 CAPITAL PROJECTS BUDGET
( '000 of dollars )
GUIDELINES 2003 2004 2005 2006 2007
DEBT REPAYMENT LIMIT
Revenue Fund Revenues $66,027 $66,688 $67,355 $68,028 $68,708
15% Maximum Limit of Revenues 9,904 10,003 10,103 10,204 10,306
GENERAL PURPOSES CONTRIBUTION
TO CAPITAL PROJECTS BUDGET
Previous Year's Supplemental Taxes 369 625 638 650 663
50% Maximum Contribution of Supplemental Taxes 185 313 319 325 332,
COMPARISON OF GUIDELINES TO THE 2003 2004 2005 2006 2007
2003-2007 CAPITAL PROJECTS BUDGET
DEBT REPAYMENT
Existing Debt Repayment
Add: New Debt Repayment
Total Debt Repayment
Debt Repayment Limit per the Guideline
Difference - (under)over the Limit
GENERAL PURPOSES CONTRIBUTION
TO CAPITAL PROJECTS BUDGET
Current Year's Contribution
Subtract: Previous Year's Contribution
Difference - increase (decrease) in Contribution
Maximum Contribution per the Guideline
Difference - (under)over the Maximum
$1,237
$997
1,800
$2,797
1,854
$4,479
403
$4,777
576
9,904 10,003 10,103 10,204 10,306
(8,667 (7,206', (5,452) (5,3221 (4,954)
$6,226 $7,757 $9,119 $9,392 $6,291
$5,470 6,226 7,757 9,119 9,392
756 1,531 1,362 273 (3,101)
185 313 319 325 332
572 1,219 1,043 (52; (3,433)
1,237 2,797 4,651 4,882 5,353
Community Services Department
Municipal Works
T .... f ,,~a · 4310 Queen Street
ne (Jify 0 jrj~, P.O. Box 1023
Niagora Fcllls~Jll~r. Niagara Falls, ON L2E 6X5
Can~,~~' web site: www.city.niagarafalls.on.ca
~1111~~~~ I -- Tel.: (905)356-7521
Fax: (905) 356-2354
E-mail: edujlovi@city.niagarafalls.on.ca
MW-2003-145
Ed Dujlovic
Director
August l 1, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-145 - Casino Roads Reconstruction
Update
RECOMMENDATION:
That this report be received for information.
BACKGROUND:
As Council is, aware staff is working with the consultant Delcan to finalize the design and contract
for the road reconstruction. The contract will be put out to tender August 12 and close on August 26,
2003. We will be doing a phone poll the end of that week to award the tender, since the next
regularly scheduled Council meeting is September 8, 2003.
Prepar/ed 1
~Eng.
Manager of Engineering Services
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Appro ~v~/~y:
Director of Municipal Works
S ~KEpORTS/2003 ReportsLMW 2003 145 Casino Road~ Reconstruction Update wpd
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building 8, By-Law Services
Corporate Services Department
_ ,-,u.. _, //A\ . Clerk's Division
g ~... P.O. BOX 1023
CcInClda ..~'.~1~' Niagara Falls, ON L2E 6X5
~~ web site: ~.ci~.niagarafalls.on.ca
Tel,: (905) 356-7521
Fax: (905) 356-7404
E-mail: dio~da~ci~.niagamfalls.on.ca
CD-2003-17
Dean Iorfida
City Clerk
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2003-17
Election Signs
RECOMMENDATION:
For the information of Council and that staffenforce section 3(a)(1) of Sign By-law 6661, 1964 as
mended by By-law 1972-176: No person shall erect or place any sign on any City road
allowance or City owned property.
BACKGROUND:
With the 2003 Municipal Election fast approaching, a number of questions have occurred regarding
the placement of election signs. It is appropriate to provide some information to the incumbent
Council and registered candidates.
Many municipalities have specific by-laws relating to election signs and their placement. Niagara
Falls, nor the Regional Municipality of Niagara, do not. Signs, in general, are covered under the
City's sign by-law 6661, 1964.
Public Prooertv
The City's Sign By-law (6661, 1964 as amended by By-law 1972-176) states the following:
Noperson shall erect or place any sign on any City road allowance or City owned
property.
No person shall nail or otherwise attach any sign to any tree or any public utility
Working Together to Serve Our Community
Cle~s Finance · Human Resources Information Systems Legal · Planning & Development
- 2 - CD-2003-17
pole situated on any City road allowance or City owned property.
(3) Subclauses (1) and (2) of this clause (a) shall not apply to the following:
Information or traffic signs owned by Canada, the Province of Ontario, the Regional
Municipality of Niagara, City of Niagara Falls or the Greater Niagara Transit Commission;
Notices or other documents which an election officer is authorized to affix to any fence, pole
or post by the Canada Elections Act, The Election Act (Ontario) or The Municipal
Elections Act, 1972;
(iiO Temporary banners, standards or signs which have first been approved by the City Council
as to location, content and date of removal;
Overhanging signs which have first been approved under section 6 of this by-law but which
shah not include any sign or sign support which is placed on any road allowance or City
owned property.
Please note that the reference in subsection (ii) allows election officers, not candidates, to affix
notices, not campaign signs, on a fence, pole or post.
Enforcement of Si~n By-law on Public Property
In 1999, Council approved a policy for sign removal from City Property (see attached report L-99-
51). The policy is still current. If it is found that City property is becoming a gathering spot for
election signs, staffmay want to take a more vigilant approach by monitoring City property for signs
as opposed to waiting for a complaint to occur.
It should be noted that the policy pertains to City property not all public property. If it is Council's
direction, staffmay want to contact other public property holders (the Region, Hydro etc.)to see if
they will let City staff enforce a "no Election sign" policy for their properties.
Election Signs on Private Property
In 1999, there was a motion passed by Council requesting that staffbring in a "by-law respecting
Election signs on private property". With the City's sign by-law being currently being reviewed and
the lack of priority for such an issue in non-election years, no changes have occurred to the City's
sign by-law related to election signs on private property. In other words, there is no restrictions in
the sign by-law regarding election signs on private property.
An article in the April 2003 issue of Municipal Worm entitled Regulating Election Signs reviews
recent court cases related to municipal sign by-laws. The article seems to conclude that
municipalities that pass blanket prohibitions on signs, especially election signs, will find their by-
laws struck down by the courts:
- 3 - CD-2003-17
"Signs are a public, accessible and effective form of expressive activity for anyone who can not
undertake media campaigns.., the fundamental question faced by municipal councils is how they
weigh the public's desire to limit visual pollution and ensure safe highways, on one hand, against
the very fundamental right of freedom of expression of which signs are a convenient and accessible
form."
Cit~ of Niagara Falls Candidates Guide
Although the City of Niagara Falls' sign by-law is silent on election signs, candidates have been
provided guidelines on election signs in past elections. The 2000 Election Guide suggested that no
election signs be erected prior to six weeks before election day, no sign shall exceed 50 square feet,
the candidate must obtain permission from the property owner to place a sign on private property,
signs must be removed within 48 hours of election day and no signs are to be placed on municipal
property.
Other than the restriction on municipal property, it could be argued that the other guidelines have
been reasonably adhered to by candidates in past elections.
Municipal Elections Act. 1996
The Act is silent on election signs with one important exception: Section 48(2) which states:
...no person shall display a candidate's election campaign material or literature in a voting
place.
CONCLUSION:
Although the City does not have an election sign by-law, per se, the existing sign by-law and sign
policy provide the tools to deal with election signs on City property. Should the City witness an
overwhelming collection of signs on our property, staff will be directed to be vigilant in its
enfomement. Also, hopefully candidates will abide by the guidelines provided to them which
suggests that signs not be erected before six weeks prior to the election day.
Recommended by:
City Clerk
Respectfully submitted:
-~ John MacDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
The City of
Niagara Fall
Canada
Legal Department
4310 Queen Street
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 374-7500
rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-99-5'1
September 13, 1999
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Membem:
L-99-51
Sign By-Law Policy
Sign Removal
RECOMMENDATION:
That the attached policy regarding the removal of signs fxom City property be approved.
REPORT:
Sign By-Law Number 6661, 1964 as amended, authorizes the By-Law Enforcement Officers to
remove any sign that is encumbering City property. Over the past years an unwritten policy has
evolved that when a sign is removed by staff, the owner of the sign pays a $50.00 administration
charge for the remm of the sign.
We are now recommending a new "Sign Removal" policy:
Sign Removal Policy
· Staff will investigate signs on municipal property on complaint and inspection basis.
Legal Services · Property Management. By-law Enforcement * Property Standards. Parkt'ng Enforcement
-2- L-99-51
If a sign is found to be on municipal property, the City will attempt to notify the owner to
remove the sign within 24 hours. The sign will be removed after this time period has
elapsed.
If a sign is found to be dangerously encumbering City property (across a sidewalk,
forcing pedestrians into Ixaffic) it will be removed immediately and placed into storage.
Signs such as posters on telephone poles, light standards, etc., will be removed from City
property and disposed of.
Confiscated signs will be stored for 30 days and then disposed.
An administration charge of $50.00 per sign will be charged if the sign can be removed
by the Municipal Law Enforcement Officer with their own City vehicle.
If the sign is large enough to require a City crew to remove, the owner will pay the
$50.00 administration charge as well as actual costs incurred for vehicle and manpower
to remove the sign. (minimum charge of $100.00 based on one vehicle, and two men for
two hours)
aw Enforcement
R.O. Kallio
City Solicitor
Respectfully Submitted:
Chief Adminlstrative Officer.
Legal Services. Property Management. By-law Enforcement ° Property Standards · Parking Enforcement
4. Election Signs
Municipal Sign Bylaw Regulation~
The City of Niagara Falls and the Regional Municipality of Niagara do not have sign bylaws
pertaining to election signs. The following is a sample and can be used as a guideline in assisting
your efforts regarding the posting of election signs.
Bylaw (# ), as amended, of the (name of municipality) regulates the erection of signs for federal,
provincial and municipal elections. Under this bylaw the following regulations are in effect:
(Sample)
no permit is required for the erection of election signs under this section;
no sign can be e~:~cted(~rior to six weeks befOre election day
no sign shall exceed 50 square feet
signs may be erected in any zone.
s~gns may noi'~b~ erec[~d on private prope~ without the owner's consent.
- no sign shallbe placed upon anytree, post, pole or fence on anymunicipal property or any
property under the jurisdiction of the municipality.
- signs must be removed within 48 hours after the day of the election.
In addition to the above regulations no sign shall be placed upon the property upon which a voting
place is situated during the hours of the poll. (Sec~tion 65(2) of the Municipal Elections Act,1996)
Any sign placed on any municipal property including road allowances will be removed by municipal
staff forthwith.
In addition to the above, some municipalities require that a candidate submit a deposit which can be
used by the municipality to remove signs if the candidate does not do so within the specified time
limits.
Regional Municipality / County Si~n Reeulation*
Bylaw (#) of the (Regional Municipality / County) prohibits the placement of signs on
(regional/county) Roads at any time. Any election signs will be removed fi'om the road allowance
of (regional/county) roads by (Regional/County) staff forthwith.
municipal election
An Ontario Municipal Election Update:
Regulating Election Signs
Leo F. Longo
During the last municipal elections, the September 2000
issue of Municipal World included an article I prepared re-
specting municipal regulation of election signs. Both the
statutory basis for regulation and judicial consideration of
same were analyzed in some detail.
With the Municipal Act, 2001 now in force, it is neces-
sary to understand the updated statutory foundation upon
which Ontario municipalities may regulate election signs. It
is also important to review recent court decisions that sup-
plemant the case law referred to in the previous article.
Under the Municipal Act, 2001, municipal jurisdiction
depends, in part, upon the classification of the municipality
as a local or lower-tier municipality, regional or upper-tier
municipality or a single-tier municipality. As well, the
power to regulate election signs can be found under two
principal heads of jurisdiction; i.e. sign by-laws and high-
way by-laws.
Sign Provisions
Section 99 of the new Act provides the following roles
apply to a by-law of a municipality respecting advertising
devices, including signs:
1. Before passing the by-law, the municipality
shall give public notice of its intention to pass
the by-law.
2. The by-law may prohibit and regulate the mes-
sage, content and nature of signs, advertising
and advertising devices, including any printed
matter, oral or other communication or thing,
promoting adult entertainment es-
tablishments, but nothing in this
paragraph limits the power to pass
Leo F. Longo is a Partner ofAird & Berlis
and his practice is restricted to MuniciP
pal, Land Use Planning and DevelopP
ment Law.
by-laws with respect to any other business or
person.
3. The by-law may authorize the municipality to
enter land and pull down or remove an adver-
tising device, at the expense of the owner of
the advertising device, if it is erected or dis-
played in contravention of the by-law.
4. The by-law does not apply to an advertising
device that was lawfully erected or displayed
on the day the by-law comes into force if the
advertising device is not substantially altered,
and the maintenance and repair of the adver-
tising device or a change in the message or
contents displayed shall be deemed not in it-
self to constitute a substantial alteration.
5. The municipality may authorize minor vari-
ances from the by-law if in the opinion of the
municipality the general intent and purpose of
the by-law are maintained.
This new provision generally tracks section 210, par. 146
of the former Municipal Act.
Pursuant to subsection 11 (2) of the new Act and its ac-
companying Table, Part 7, it would appear that the jurisdic-
tion over signs is exclusively held by local or lower-tier mu-
nicipalities. No jurisdiction is assigned to upper-tier or re-
gional municipalities in this section and Table. However, the
Act must read as a whole, and section 59 provides:
An upper-tier municipality may prohibit or regulate
the placing or erecting of any sign, notice or advertis-
ing device within 400 metres of any limit of an up-
per-tier highway.
This provision previously existed in section 33 of the for-
mer Regional Municipalities Act.
In summary, local and lower-tier municipalities have
broad jurisdiction regulating all signs anywhere within their
boundaries. Regional and upper-tier municipalities' jurisdic-
tion over signs is restricted to a more limited area abutting
roads under their jurisdiction.
Municipal World APRIL 2003 29
Highway Provisions
Municipal election signs have traditionally been placed
on public rights-of-way, as well as private property. A mu-
nicipality's jurisdiction to regulate its highways also affords
it an alternative power to regulate election signs placed on
these publicly-owned lands.
Subsection 11 (2), and its accompanying Table, Part 1,
assigns the entire sphere of jurisdiction respecting the regu-
lation of highways between all types of municipalities in a
non-exclusive manner. Sections 27, 28 and 52 sort out mu-
nicipal jurisdiction respecting the regulation of highways:
27 (1) Except as otherwise provided in this Act, a
municipality may pass by-laws in respect of a high-
way only if it has jurisdiction over the highway.
28 (2) Except as otherwise provided in this Act or
under section 8 of the Public Transportation and
Highway Improvement Act, a local municipality has
jurisdiction over,
(a) all road allowances located in the municipality
that were made by the Crown surveyors; and
(b) all road allowances, highways, sU'eets and lanes
shown on a registered plan of subdivision.
52 (3) If a highway forms part of the upper-tier high-
way system, the upper-tier municipality has jurisdic-
tion over the highway.
Every municipality retains jurisdiction over all highways
over which it had jurisdiction on December 31, 2002 and
any new highways established by municipal by-law after
January 1, 2003.
It has been accepted that municipal election signs on mu-
nicipal roads may be regulated under this jurisdiction re-
specting highways [see Beaumier decision below].
Other Provisions
Single-tier municipalities have the jurisdiction to regulate
municipal election signs. Subsection 11 (1), paragraphs 1 and
7 assign to such municipalities the power to pass by-laws re-
specfmg the regulation of highways and signs respectively.
Subsection 13 (1) of the new Act addresses the issue of
by-law conflicts:
If there is conflict between a by-law passed by a
lower-tier municipality under section 11 and a by-law
passed by its upper-tier municipality under section
11, the by-law of the upper-tier municipality prevails
to the extent of the conflict.
Finally, there may be one other statutory basis upon
which local municipalities might attempt to regulate election
signs. Section 128 of the new Act provides:
128 (1) A local municipality may prohibit and regulate
with respect to public nuisances, including matters that,
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APRIL 2003
Municipal World
in the opinion of council, are or could become or cause
public nuisances.
128 (2) The opinion of council under fffis section, if ~rived
at in good faith, is not subject to review by any court.
While this section has not yet been used in the field of
regulating election signs, an argument could be made that a
properly motivated and processed by-law regulating or pro-
hibiting such signs could withstand judicial review.
Brampton Case: Prohibition
The September 2000 article analyzed the history of judi-
cial decisions respecting muffmipal attempts to regulate
election signs both on private and public property.
The most recent and direct case in Ontario respecting the
regulation of election signs is Beaumier v. City of Brampton
(2000), 7 M.P.L.R. (3d) 219 (Ont. C.A.), which dismissed
an appeal against the lower court judgment reported at
(1998), 47 M.P.L.R. (2d) 32 (Ont. Gen. Div.). Brampton had
an absolute prohibition for signs, including municipal elec-
tion signs, being erected on public property and the unlrav~
elled portion of any highway. The court upheld that prohibi-
tion. A detailed analysis of the lower court's reasoning and
the municipality's jurisdiction to prohibit such signs, pre-
pared by the city's solicitor Brigida Colangelo, can be found
at 46 M.P. LR. (2d) 37-48.
Two significant court decisions respestJng the regulation of
signs have been released within the past year, both of which
shuck down municipal sign by-laws on constitutional grounds.
[reedom of Expression
In R. v. Guignard (2002), 27 M.P.L.R. (3d) 1 (S.C.C.)the
Supreme Court of Canada declared certain sections of the
City of Salnt-Hyacinthe's sign by-law invalid and unconsti-
tutional. The impugned by-law prohibited advertising signs
and billboards, except those located in industrial zones. The
accused, Mr. Guignard, posted a sign on his property specif-
ically naming an insurance company and its alleged incom-
petence in handling Mr. Guignard's claim.
The importance of signs as a means of expression, com-
mented upon by the Supreme Court in its decision Ramsden
v. City of Peterborough, [1993] 2 S.C.R. 1084, was ex-
panded upon by the Court:
Signs, which have been used for centuries to commu-
nicate political, artistic or economic information,
sometimes convey forceful messages. Signs, in vari-
ous forms, are thus a public, accessible and effective
form of expressive activity for anyone who can not
undertake media campaigns.
By restricting the right to use this optimum means of
expression to certain designated places, the im-
pugned by-law directly infringes freedom of expres-
sion. This infringement impacts especially on the
freedom of expression of a person who does not have
access to substantial financial resources. A limitation
of this nature can in fact deprive that person of the
only means of expression that are truly accessible to
him or her. Even when a legislative or regulatory
provision is neutral in appearance, it can have a ma-
jor impact on the ability of a person or group to en-
gage in expressive activity.
Having found an infringement on Mr. Guignard's free-
dom of expression, the court then found that the by-law
was not "saved" by section 1 of the Charten The municipal-
ity had argued that the by-law was justified under section 1
of the Charter:
... on the ground that it was designed to prevent visual
pollution and driver disU:action. The justification pro-
cess is not limited to the objective defined. The other
tests must also be met, including demonstration of a ra-
tional connection, rainimal knpairment and proportion-
ality. An examination of the practical effects of the
by-law shows that the respondent [City] did not meet
any of the tests involved in the justification process. To
be sure, the prevention of visual pollution is a reason-
able objective. The creation of zones is an appropriate
urban planning exercise that is authorized by the Act
and is very common in most municipalities. It is easy to
understand the reasons that prompt municipalities not to
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31
ELECTION SIGNS, continued from page 31
allow any kind of sign, in any place and at any time. It
is a matter of maintaining a pleasant environment for
the residents. However, as it stands, the respondent's
by-law prohibits only those signs that expressly indicate
a trade nmne of a commercial enterprise in residential
areas. All other types of signs of a more genetic nature
are exempt from the by-law.
Had Mr. Guignard's sign not specifically named the in-
surance company; it would have been permitted, even
though it was just as visually polluting as the one he had
erected. This demonstrated that the by-law provisions were
arbitrary and were struck.~
Oakville Case: Prohibition
Oakville's effort to prohibit billboard and third party
signs suffered a similar fate. In Vann Niagara Ltd. v. Town
of Oakville (2002), 60 O.R. (3d) 1 (C.A.), Oakville charac-
terized its sign by-law's objectives as follows:
To preserve and enhance the town's unique character;
to prevent aesthetic blight; to minimize distractions
to motorists; to protect the public from unsafe signs;
and to encourage the compatibility of signs with their
surroundings.
The Court of Appeal found that Oakville had failed to
demonstrate that the prohibition was rationally connected to
achieving any of the above stated goals. A very useful anal-
ysis of previous Ontario Court of Appeal decisions respect-
ing sign by-laws is contained in this decision, which is a
worthwhile read to those wishing to better understand the
nuances of these cases.
Mischief and Election Signs
Some sign by-laws, like Brnmpton's, prohibit election
signs on public lands abutting highways. Many others per-
mit such signs, but regulate them in a number of ways. In
particular, many municipalities regulate their size and
height, timing for their erection and removal, potential
placement locations on both public and private property;
1. For a detailed case comment in this matter, see "Is the Writing on the
Wall for Municipal Sign By-laws in Canada?" by Steve O'Melia and
John Mascarin (2003), 43 Municipal Lawyer, No. 5.
and penalties and enforcement provisions for by-law contra-
vention. Most by-law contraventions would be handled sim-
ilarly to other by-law prosecutions, and be subject to fines
as set out in the by-laws.
An interesting decision respecting the unlawful removal
and disposal of election signs is found in R. ~ Whinton,
[2000] O.J. No. 3400 (Ontario Court of Justice). In this case
a high school teacher was charged with the Criminal Code
offence of mischief by removing and disposing of provincial
election signs contrary to section 430(1)I(b) of the Cana-
dian Criminal Code, which provides that "everyone com-
mits mischief who wilfully renders property dangerous,
useless, inoperative or ineffective."
In this case, Mr. Whinton made remarks in his classroom
that he would be happy if students would go out and kick
down some Mike Harris signs or some Cam Jackson signs
and bring them into his classroom. In return, bonus marks
would be given to those students undertaking such action.
The court found, upon consideration of all the evidence, that
the teacher did make the remarks attributed to him.
Certain students who heard the teacher's comments did go
out and remove some election signs and brought them to the
teacher's classroom. There was not sufficient evidence to sug-
gest that the teacher saw these signs nor directed their ultimate
disposal. The ~ialjudge found neither of that mattered, how-
ever, as the very act of removing the signs from their original
location was part of the act of disposing them. Accordingly,
the court found that the teacher had abetted the students in
making these election signs "useless, inoperative, and ineffec-
five" by having such signs removed from their initial locations
and he was found guilty of the mischief charge.
Conclusion
The area of sign regulation is indeed a contentious one.
Municipal by-laws respecting election signs vary from none
to very detailed regulations to an outright prohibition of
such signs on public property. As many municipalities post
their sign by-laws on their web sites, one can quickly gather
a set of sign by-law precedents with ease.
The fundamental question faced by municipal councils is
how they weigh the public's desire to limit visual pollution
and ensure safe highways, on the one hand, against the very
fundamental right of freedom of expression of which elec-
tion signs are a convenient and accessible form. MW
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Municipal World APRIL 2003 33
The Cily of
Niagora Foils'
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-2003-54
R.O. Kallio
City Solicitor
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re-'
L-2003-54
Noise Complaints
Our File No. 2003-251
RECOMMENDATION:
That Staff prepare and present for Council's consideration:
a noise by-law;
amendments to the City's licensing by-law to license outdoor patios; and
site plan guidelines and criteria for the approval of new outdoor patios.
BACKGROUND:
Noise complaints from citizens are received by Members of Council and Staff throughout the year.
These complaints range from blaring stereos, barking dogs, music from bars and store deliveries.
Outdoor Patios
However, there seems to be persistent and growing complaints about outdoor patios which are
attached to restaurants and bars. The decibel level of the music, together with the throbbing bass
Clerks Finance
Working Together to Serve Our Community
Human Resources · Information Systems Legal Planning & Development
August 11, 2003 - 2 - L-2003-54
sounds, have disturbed a number of citizens in recent years. The sounds of the day drop dramatically
in the late evening which allows the noise from the outdoor patios to be heard for quite a distance.
In the summer months, many people leave their windows open at night and they are bothered by
noise emanating from outdoor patios.
While there are restaurant and bar owners who act responsibly in ensuring that the noise levels on
their outdoor patios are at acceptable levels, there are some owners who do not act responsibly and
insist on "cranking up the volume" without regard to citizens who have to endure this form of noise
pollution and whose sleep is interrupted as a result.
Store Deliveries
Likewise, there are some store owners who insist on having late-night or early-morning deliveries
at their stores without consideration for residents in abutting houses. The City has received
complaints about this type of activity.
Noise By-law
The City's noise by-law is satisfactory and has been used to secure convictions against individuals
and companies accused of making too much noise. However, the noise by-law was passed in 1967
and it may be time to bring it up to date, particularly with the enactment of the new Municipal Act,
2001. In the meantime, Staffhas been working with the residents in tryingto resolve existing noise
complaints including attending at the residents' houses to hear the level of the noise. Staff will
continue to dealing with individual noise complaints. It is recommended that Staff draft a new
noise by-law.
Licensing of Outdoor Patios
As the source of many complaints this summer, Staff is recommending that Council give
consideration to the licensing of restaurants and bars with outdoor patios. These establishments are
currently licensed by the City but a new sub-class could be created with conditions attached to the
licences for the operation of an outdoor patio. It is recommended that Staff draft an amendment
to the licensing by-law to license outdoor patios.
Site Plan Guidelines and Criteria for Outdoor Patios
In a number of site plan applications for new restaurants and bars, there is provision for an outdoor
patio. The City does not have any established guidelines or criteria for the approval of these outdoor
patios when these site plans are reviewed, it is recommended th at Staff draft site plan guidelines
and criteria for outdoor patios.
August 11, 2003 - 3 - L-2003-$4
Summary
Council should call a public meeting to consider the proposed noise by-law, the proposed licensing
of outdoor patios and the proposed site plan guidelines and criteria for such patios. In this way all
persons affected or interested in these issues can provide input to Council.
c ,d by:
City Solicitor
Respectfully submitted:
-~ John MacDonald
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
ROK/sm
Corporate Services Department
Finance
Division
The City of ~i~ll~
4310 Queen Street
Niagara Falls~J~l~ P.O. Box 1023
CQnodo ~/~ Niagara Falls, ON L2E 6X5
~- [ ~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-maih kburden@city.niagarafalls.on,ca
F-2003-37
Kenneth E. Burden
Director
, August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-37 - Major Receivables Qnarterly Report
RECOMMENDATION:
For the information of City Council.
BACKGROUND:
The following is a quarterly report of Tax and Sundry Receivables to June 30, 2003.
Tax Balances
Current Taxes 2003 2002
Percentage Collected 74% 71%
Levy to Date $90,650,706. $85,479,055.
Collections $66,855,334. $60,598,969.
Balance $23,795,372. $24,880,086.
Tax Arrears 2003 2002
Percentage Collected 34% 42%
Opening Balance $12,530,276. $14,494,542.
Collection $ 4,224,234. $ 6,115,338.
Balance $ 8,306,042. $ 8,379,204.
Total Unpaid Taxes
$32,101,414.
$ 33,259,290.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems · Legal Planning & Development
August11,2003 -2- F-2003-37
Sundry Receivables 2003
Accounts Receivables $66,301.
Unpaid accounts are being actively pursued by staff.
interest per month.
2002
$433,025
Delinquent accounts are charged 1-1/4%
Prepared by:
L. Antonio
Coordinator of Tax & Receivables
Respectfully submitted
John M~c~Donal?~
~dmirfistrative Officer
Recommended by:
K. E. Burden
Director of Finance Division
T. Ravenda
Executive Director of Corporate Services
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2016
kburden@city.niagarafalls.on.ca
F-2003-38
Kenneth E. Burden
Director
August 11, 2003
His Worship, Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2003-38 - Municipal Accounts
RECOMMENDATION:
That Council approve the municipal accounts totalling $5,876,597.43 for the period ending August
11, 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
CZTY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Supplier Name
Cityof APS200
Cheque No Cheque Date Purpose
Page :
Amount
1238838 ONTARIO LIMITED 277333 29-3ul-2003
1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 277058 15-3ul-2003
2 GUY'S GLASS INC 277511 05-Aug-2003
407 ETR EXPRESS TOLL ROUTE 277202 22-.lu1-2003
454105 ONTARIO INC O/A MISTER TRANSMISSION 277203 22-)ul-2003
547554 ONTARIO LIMITED 277334 29-.]u1-2003
603755 ONTARIO INC 277335 29-9ul-2003
942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 277204 22-.tul-2003
942352 ONTARIO LIMITED O/A BRISK ALL GLASS & SAFETY SI 277512 05-Aug-2003
ACCU LOCK AND SECURITY 277336 29-1u1-2003
ACKLANDS GRAINGER INC 277513 05-Aug-2003
ACTION CORPORATION 277060 15-.1ul-2003
ACTIVE WATERSPORTS INC 277514 05-Aug-2003
ADT SECURITY SERVICES CANADA INC 277337 29-]u1-2003
ADVANCE TOWING 277061 15-]ul-2003
ADVANTAGE FLOORING NIAGARA LTD 277205 22-Jul-2003
AFFILIATED CUSTOMS BROKERS LTD 277515 05-Aug-2003
AIR CARE SERVICES 277516 05-Aug-2003
AIR LIQUIDE CANADA INC 277206 22-]ul-2003
ALERT CARPET CLEANING NIAGARA 277062 15-Ju~-2003
ALFIDOME CON STRUCllON 277207 22-3ul-2003
ALISON'S SPORTS & AWARDS 277208 22-3ul-2003
ALL GREEN IRRIGATION 277517 05-Aug-2003
ALL STAR FIRE PROTECTION SERVICES ]NC 277338 29-Ju1-2003
ALL[ED MEDICAL INSTRUMENTS 277063 15-~u1-2003
ANIXTER CANADA INC 277518 0S-Aug-2003
ANTONIO,CHUCK 277209 22-Jul-2003
ARAMARK REFRESHMENT SERVICES 277064 15-Jul-2003
ARCHER TRUCK SERVICES LTD 277210 22-3ul-2003
ARCHER TRUCK SERVICES LTD 277339 29-Ju1-2003
ARCHER TRUCK SERVICES LTD 277519 05-Aug-2003
ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONT 277211 22-3u1-2003
AVENUE ROOTS 277213 22-~u1-2003
AVENUE ROOTS 277341 29-Jul-2003
AVENUE ROOTS 277520 05-Aug-2003
B & B L[FTRUCK SERVICE 277066 15-Jul-2003
BANK OF MONTREAL 277215 22-]u1-2003
BCE EMERGIS INC 277067 15-Jul-2003
BCE EMERGIS INC 277216 22-~u1-2003
BEATTIES BASICS 277217 22-]ul-2003
BELL CANADA 277068 15-~ul-2003
BELL CANADA 277069 15-]u1-2003
BELL CANADA 277218 22-3u1-2003
BELL CANADA 277342 29-]u1-2003
BELL CANADA 277343 29-3u1-2003
BELL CANADA 277522 05-Aug-2003
BELL MOBILITY 277219 22-]ul-2003
BEN BERG FARM & INDUSTRIAL EQUIPMENT LTD 277070 15-]u1-2003
BERGGREN FREDERICK 277071 15-]u1-2003
BICKLE MAIN INDUSTRIAL SUPPLY 277072 15-]u1-2003
BORDEN LADNER GERVAIS 277220 22-]u1-2003
BOTELL, ELIZABETH& BOTELL, MARK 277344 29-~uF2003
BOULET, SHAWN 277345 29-]u1-2003
BOUW,]OHN 277524 05-Aug-2003
BOYS & GIRLS CLUB OF NIAGARA 277346 29-]u1-2003
BRINKS CANADA LTD 277347 29-]u1-2003
BROCK UNIVERS~'Y 277074 15-~u1-2003
BUNTIN REID 277075 15-]u1-2003
BUNTIN REID 277221 22-]u1-2003
REFUND
CONSULTING SERVICES
MATERIALS
ADMINISTRATIVE
MAINTENANCE AND REPAIRS
REFUND
REFUND
MATERIALS
MAINTENANCE AND REPAIRS
MATERIALS
MATERIALS
UTILI'TIE8
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
ADMINISTRATIVE
MAINTENANCE AND REPAIRS
MATERIALS
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
MATERIALS
EQUIPMENT
MAINTENANCE AND REPAIRS
EQUIPMENT
MATERIALS
ADMINISTRATIVE
MATERIALS
MATERIALS
MATERIALS
MATERIALS
ADMINISTRATIVE
CONTRACT SERVICES
CONTRACT SERVICES
CONTRACT SERVICES
EQUIPMENT
REFUND
UTILrTIES
UTILITIES
SUPPLIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILrFIES
UTILITIES
UTILITIES
EQUIPMENT
REFUND
MATERIALS
CONTRACT SERVICES
REFUND
REMITTANCE
REMIl~-ANCE
GRANT
CONTRACT SERVICES
ADMINISTRATIVE
SUPPLIES
SUPPLIES
7,023.76
35,436.54
149.80
36.52
2,801.90
1,954.31
3,226.08
746.29
90.95
45.68
68.54
1,556.24
165.60
83.59
288.90
4,247.90
252.73
12,479.03
455.40
891.31
I1,980.25
3,899.65
436.56
1,626.22
235.12
606.93
25.99
33.65
1,917.83
169.53
1,068.93
267.50
3,582.93
3,109.57
362.09
694.17
949.90
75.25
75.25
64.38
739.07
57.50
5,889.88
910.77
277.03
1,659.59
2,288.26
17,889.40
750.00
113,97
429.00
222.31
1,000.00
230.00
15,991.67
791.53
422.65
74.38
605.76
CITY OF NtAGARA FALLS
MUNICIPAL ACCOUNTS
Supplier Name
~e C~oI b, APS200
Cheque No Cheque Date Purpose
Page : 2
Amount
BUNTIN REID
BURKE, PATRICK
BURN,JAMES
BUSH,STEVE
C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD
CAMPIGOI-rO,AARON
CAN AM INSTRUMENTS LTD
CANADA BUILDING MATERIALS CO
CANADA BUILDING MATERIALS CO
CANADA BUILDING MATERIALS CO
CANADA LAW BOOK INC
CANADIAN DOOR DOCTOR
CANADIAN DOOR DOCTOR
CANADIAN DOOR DOCTOR
CANADIAN DOOR DOCTOR
CANADIAN LINEN AND UNIFORM SERVICE
CANADIAN LINEN AND UNIFORM SERVICE
CANADIAN LINEN AND UNIFORM SERVICE
CANADIAN LINEN AND UNIFORM SERVICE
CANADIAN NATIONAL
CANADIAN NATIONAL
CANADIAN NATIONAL
CANADIAN NATIONAL
CANADIAN PACIFIC RAILWAY CO
CANADIAN PORTABLE SERVICES
CANTEC SECURITY SERVICES
CAPPELLAZZO,DINO& CAPPELLAZZO, KENDALL
CAPPELLAZZO,DINO& CAPPELLAZZO, KENDALL
CARSWELL
CARTER CAR & TRUCK RENTALS
CARTER CAR & TRUCK RENTALS
CARTER CAR & TRUCK RENTALS
CASHWAY BUILDING CENTRES
CASHWAY BUILDING CENTRES
CENTENNIAL CONSTRUCTION
CERENZIA,GIOVANNI
CERIDIAN LIFEVVORIC5 SERVICES
CHAMBERS,CHARLES
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHRIS CRISTELLI & ASSOCIATES INC
CHRYSLER FINANCIAL CANADA
CIBC
CIBC
CICCALI,DANIELB~ RUSSELL, SALLY
CTI FINANCIAL LTD
CITICORP VENDOR FINANCE LTD
CITY OF NIAGARA FALLS
CITY OF NIAGARA FALLS
CITY OF NIAGARA FALLS
CITY OF NIAGARA FALLS
CITY OF NIAGARA FALLS
CLASS A FIRE & RESCUE
CLASS A FIRE 8~ RESCUE
CLAYDON,I EFF
CLAYDON,]EFF
CLEAR THOUGHTS WINDOW CLEANING
CLEAR THOUGHTS WINDOW CLEANING
COGECO CABLE CANADA INC
27752~ 05-Abg~-2003
277526 05-Aug-2003
277527 05-Aug-2003
277528 05-Aug-2003
277380 29-Jul-2003
277529 0S-Aug-2003
277349 29-Jul-2003
277076 15-]ul-2003
277350 29-1uF2003
277530 05-Aug-2003
277078 15-~ul-2003
277077 15-~ul-2003
277223 22-Jul-2003
277351 29-Ju1-2003
277531 05-Aug-2003
277079 15-3uF2003
277224 22-]ul-2003
277353 29-3u1~2003
277532 05-Aug-2003
277354 29-3ul-2003
277355 29-Jul-2003
277356 29-Ju1-2003
277533 05-Aug-2003
277080 15-Ju1-2003
277081 159uF2003
277534 05-Aug-2003
277225 22-~ul-2003
277357 29-~u1-2003
277359 29-Ju1-2003
277227 22-Ju1-2003
277360 29-]ul-2003
277535 05-Aug-2003
277361 29-]ul-2003
277536 0S-Aug-2003
277228 22-Ju1-2003
277363 29-Ju1-2003
277537 05-Aug-2003
277364 29-JuF2003
277229 22-3u1-2003
277538 05-Aug-2003
277082 15-Jul-2003
277083 15-Jul-2003
277230 22-Ju1-2003
277366 29-Ju1-2003
277367 29-]u1-2003
277231 22-]u1-2003
277539 05-Aug-2003
277084 15-Ju1-2003
277085 15-Ju1-2003
277086 15-Ju1-2003
277368 29-]u1-2003
277370 29-]u1-2003
277087 15-Jul-2003
277540 05-Aug-2003
277088 15-Jul-2003
277541 0S-Aug-2003
277089 15-Jul-2003
277371 29-]ul-2003
277090 15-]u~-2003
SUPPLIES
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
EQUIPMENT
ADMINISTRATIVE
EQUIPMENT
MATERIALS
MATERIALS
MATERIALS
MATERIALS
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MATERIALS
MATERIALS
MATERIALS
MATERIALS
CONTRACT SERVICES
CONTRACT SERVICES
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
LEASES AND RENTS
CONTRACT SERVICES
REFUND
REFUND
MATERIALS
LEASES AND RENTS
LEASES AND RENTS
LEASES AND RENTS
MATERIALS
MATERIALS
CONTRACT SERVICES
REFUND
CONSULTING SERVICES
MAINTENANCE AND REPAIRS
MATERIALS
MATERIALS
CONTRACT SERVICES
LEASES AND RENTS
REFUND
REFUND
REFUND
LEASES AND RENTS
LEASES AND RENTS
ADMINISTRATIVE
MATERIALS
CONSULTING SERVICES
REMI'FrANCE
MATERIALS
MATERIALS
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
UTILITIES
643.85
118.55
78.20
27.79
15,387.94
308.23
5,471.17
5,109.10
2,643.10
1,299.96
60.09
3,965.15
429.34
101.65
1,756.14
42.44
21.22
393.98
58.32
1,504.74
1,248.78
7,793.13
32.10
875.18
1,123.50
1,752.98
750.00
300.00
217.21
723.35
723.35
821.75
93.68
64.08
13,550.38
1,422.31
2,253.42
546.00
1,108.87
806,03
2,375.40
494.50
371.46
79.63
202.00
1,160.83
2,132.11
2,678.00
549.96
4,209.81
31,491.71
116,002.16
143.75
3,183.89
264.52
210.01
1,106.38
787.52
119.19
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Supplier Name
~}e Ci~ of j~ AP5200
Cheque No Cheque Dote Purpose
Page : 3
Amount
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COLES E OR[AND POOL CONST LTD
COLLUCCI,DANNY
COMMISSIONAIRES
COMMISSIONAIRES
COMMISSIONAIRES
COMMUNITY RESOURCES CENTRE
COMPRESSOR SYSTEMS INTERN INC
CONSULATE VENTURES INC
COPYMAN PRINT SHOP
COPYMAN PRINT SHOP
CORSARO CLASSIC ENGRAVING INC
COSTELLO,BRIAN
CRAWFORD ADJUSTERS CANADA INCORP
CRAWf-ORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD SMITH & SWALLOW
CREDIT UNION OF CENTRAL ONTARIO
CUPE LOCAL 133
CUPE LOCAL 133
CUPE LOCAL 133
CUPE LOCAL 133
CUSTERS,DON
DALGAS ENTERPRISES INC
DARRALL, BOB
DAVEY TREE EXPERT CO
DAVEY TREE EXPERT CO
DAVID [AFLAMME CONSTRUCT[ON IHt
DAVID SCHRAM & ASSOCIATES
DELCAN CORPORATION
DELL COMPUTER CORPORATION
DELL COMPUTER CORPORATION
DELL COMPUTER CORPORATION
DEMOL'S lqRE SALES & SERVICE
DESIGN ELECTRONICS
DESIGN ELECTRONICS
DESROSIERS,YVON
DETENBECK,GREGORY& DETENBECK, SYLVIE
DIEBOLD ELECTION SYSTEMS INC
DISTRICT SCHOOL BOARD OF NIAGARA
DIITA,]OSEPH
DOUGLAS,]AMIE
DREW CANADA
DUFFERIN CUSTOM CONCRETE GROUP
DYNATEC CORPORAl[ON
E3 LABORATORIES
EARTH TECH CANADA INC
ED LEARN FORD SALES LTD
ELIA,JOHN
ELLIS ENGINEERING INC
EMERALD
ENBRIDGE
ENBRIDGE
ENBRIDGE
ENGINEERING CONCEPTS NIAGARA
ENSIGN ELECTRONIC ALARM SYSTEMS
EVANS UTILITY SUPPLY LTD
F & I INTERNATIONAL CORP
277372 29-]U1-2003
277542 05-Aug-2003
277232 22-1u1-2003
277373 29-Jul-2003
277092 15-]ul-2003
277375 29-3ul-2003
277543 05-Aug-2003
277376 29-3ul-2003
277234 22-3u1-2003
277235 22-3u1-2003
277093 15-]ul-2003
277377 29~]u1-2003
277544 0S-Aug-2003
277545 0S-Aug-2003
277094 ~S-3u1-2003
277238 22-3ul-2003
277239 22-~U1-2003
277378 29-]ul-2003
277379 29-]u1-2003
277095 lS-]ul-2003
277240 22-3u1-2003
277381 29-]u1-2003
277546 05-Aug-2003
277382 29-3u1-2003
277383 29-3ul-2003
277241 22-]U1-2003
277096 15-3u1-2003
277547 05-Aug-2003
277548 0S-Aug-2003
277097 15-~u1-2003
277384 29-3ul-2003
277098 15-3ul-2003
277243 22-~u1-2003
277549 0S-Aug-2003
277099 15-3ul-2003
277385 29-]ul-2003
277550 05-Aug-2003
277386 29-3u1-2003
277387 29-]u1-2003
277100 15-3ul-2003
27710;[ 15-]u1-2003
277551 05-Aug-2003
277102 15-3u1-2003
277553 0S-Aug-2003
277389 29-3ul-2003
277103 15-~u1-2003
277390 29-~u1-2003
277104 15-)ul-2003
277576 05-Aug-2003
277554 05-Aug-2003
277391 29-3ul 2003
277105 15-3ul-2003
277106 15-.]ul-2003
277244 22-JuF2003
277392 29-3uF2003
277107 15-.1u]-2003
277393 29-Jul-2003
277556
277245
UTILITIES
UTILITIES
REFUND
REFUND
CONTRACT SERVICES
CONTRACT SERVICES
CONTRACT SERVICES
LEASES AND RENTS
MATERIALS
REFUND
SUPPLIES
SUPPLIES
CONTRACT SERVICES
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
REMITTANCE
CONSULTING SERVICES
REFUND
REMrI-FANCE
REMI1-FANCE
REMII-fANCE
REMITTANCE
REFUND
MATERIALS
ADMINISTRATIVE
CONTRACT SERVICES
CONTRACT SERVICES
CONTRACT SERVICES
CONSULTING SERVICES
CONSULTING SERVICES
EQUIPMENT
EQUIPMENT
EOUIPMENT
MATERIALS
MAINTENANCE AND REPAIRS
ADMINISTRATIVE
REFUND
REFUND
MATERIALS
LEABES AND RENTS
REFUND
ADMINISTRATIVE
CONTRACT SERVICES
MATERIALS
MATERIALS
CONTRACT SERVICES
CONSULTING SERVICES
MATERIALS
REFUND
CONSULTING SERVICES
MAINTENANCE AND REPAIRS
UTILITIES
UTILITIES
UTIL[-F[ES
CONSULTING SERVICES
CONTRACT SERVICES
05-Aug-2003 MATERIALS
22-3ul-2003 REFUND
276.72
465.15
670.00
542.26
13,488.25
13,143.95
17,099.13
471.50
711.38
15,600.00
78.20
23.00
1,500.00
i27.44
6,544.25
498.75
14,176.02
695.50
60.00
3,311.97
3,357.48
3,586.87
3,461.91
750.00
1,656.00
42.01
8,022.86
276.06
6,401.38
B,377.37
203,941.41
1,229.35
14,4~4.00
9,221.85
6,508.10
2,061.00
8,819.73
750.00
63.56
78.38
42.80
20.00
266.07
286.76
747.27
2,220.08
2,843.52
6,687.50
869.95
100.00
5,427.90
315.76
3,573,54
12L37
768.70
561.75
2,722.08
3,462.61
130,00
Page : 4
CZTY OF NIAGARA FALLS
R U N ICI PAL ACCO U NTS
Supplier Name
'fl~ Ci~ Of d~, AP5200
Cheque No Cheque Date Purpose
2;)~246 22-JuF2003
277394 29-.lul-2003
277557 05-Aug-2003
277108 15-3ul-2003
277247 22-,lui-2003
277109 15-.1u1-2003
277558 05-Aug-2003
277395 29-.lul-2003
277110 15-.lu1-2003
277396 29-.lu1-2003
277249 22-.lu1-2003
277397 29-.lu1-2003
277250 22-.lu1-2003
277560 05-Aug-2003
277111 15-]u1-2003
277398 29-.lul-2003
277559 05-Au§-2003
277251 22-.lul-2003
277399 29-.lul-2003
277252 22-.lu1-2003
277112 15-.tul-2003
277400 29-.lul-2003
277561 05-Aug-2003
277562 05-Aug-2003
277113 15-.lu1-2003
277114 15-~u1-2003
277253 22-.1ul-2003
277401 29-]uF2003
277563 05-Aug-2003
277402 29-.1u1-2003
277403 29-]u1-2003
277254 22-3ul-2003
277115 15-3ul-2003
277255 22-.lu1-2003
277404 29~.1uF2003
277564 05-Aug-2003
277256 22-.1u1-2003
277565 05-Aug-2003
277405 29-.lu1-2003
277406 29-Jul-2003
277407 29-.lu1-2003
277116 15-.lu1-2003
277257 22-.1u1-2003
277408 29-.1ul-2003
277409 29-3u1-2003
277410 29-3ul-2003
277411 29-.lu1-2003
277258 22-3u1-2003
277259 22-)u1-2003
277412 29-.lul-2003
277567 05-Aug-2003
277568 05-Aug-2003
277569 05-Aug-2003
277261 22-.lu1-2003
277570 0S-Aug-2003
277571 05-Aug-2003
277118 15-.]ul-2003
277413 29-Jul-2003
277119 15-3ul-2003
Amount
FALLS ELECTRIC INC
FALLS ELECTRIC INC
FALLS ELECTRIC INC
FALLS WHOLESALE LTD & ZIPPO CANADA SALES
FALLS WHOLESALE LTD & ZIPPO CANADA SALES
FELICIANO PINGUE & SONS CONSTRUCTION LTD
FIRESERVICE MANAGEMENT LTD
FIRST VANCOUVER FINANCE
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
FOSTER,WARREN
FRANCIS PATTERSON LTD
FRANK 3 ZRHBONI & CO LTD
G & K SERVICES CANADA INC
GABRIELES CUSTOM CATERING
GALES GA5 BARS
GALES GAS BARS
GALLO,]OHN
GALT KNIFE CO LTD
GB ENVIRONMENTAL SERVICES NIAGARA LTD
GLADDING SALES AGENCY LTD
GLADDING SALES AGENCY LTD
GLADDING SALES AGENCY LTD
GLIDDEN PAINTS
GRASSWORKS LAWN MAINTENANCE
GRAYBAR ELECTRIC LTD
GRAYBAR ELECTRIC LTD
GRAYBAR ELECTRIC LTD
GRAYBAR ELECTRIC LTD
GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND
GREEN,STACEY
GREENSPACE SERVICES
GT FRENCH PAPER LIMITED
GT FRENCH PAPER LIMITED
GT FRENCH PAPER LIMITED
GT FRENCH PAPER LIMITED
GU[LLEVIN INTERNATIONAL INC
GUILLEVIN INTERNATIONAL INC
HANG UPS
HARD ROCK PAVING CO
HEARN,BEATRICE
HECO
HECO
HECO
HERLOVITCH,ALEX
HEXIMER, MARY& HEXIMER, GEORGE
HICKEY,NEAL
HIEBERT,JAKE
HILL BOLES LTD
HOCO LIMITED
HODGSON,BEV
HOLLOWAY PHILP CONST INC
HOLMAN,GEOFF
ICi CANADA INC
IKON OFFICE SOLUTIONS EASTERN DIVISION T8022
INTEGRATED MUNICIPAL SERVICES
INTERNAqTONAL BINDING & LAMINATING SYSTEMS INC
INTERNATIONAL BINDING & LAMINATING SYSTEMS INC
] J MACKAY CANADA LTD
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
SUPPLIES
MATERIALS
REFUND
MATERIALS
MATERIALS
MATERIALS
MATERIALS
REFUND
REFUND
MAINTENANCE AND REPAIRS
MATERIALS
ADMINISTRATIVE
REFUND
MATERIALS
GRANT
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MATERIALS
MATERIALS
MATERIALS
MATERIALS
CONTRACT SERVICES
MATERIALS
MATERIALS
MATERLALS
MATERIALS
REMII-FANCE
REFUND
CONTRACT SERVICES
MATERIALS
MATERIALS
MATERIALS
MATERIALS
MATERIALS
MATERIALS
MATER]ALS
MATERIALS
REFUND
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
ADMINISTRATIVE
REFUND
ADMINISTRATIVE
ADMINISTRATIVE
MATERIALS
REFUND
REFUND
CONTRACT SERVICES
ADMINISTRATIVE
MATERIALS
MATERIALS
CONTRACT SERVICES
SUPPLIES
SUPPLIES
MATERIALS
589.01
681.54
4,483.27
417.88
198.42
750.00
384.80
2,145.17
213.56
1,729.83
750.00
534.97
2,986.60
71.60
250.00
779.01
117.26
300.00
25.30
7,463.25
1,712.56
1,853.36
441.06
268.37
1,337.50
130.90
347.14
15.79
961.37
91.75
750.00
786.46
154.70
i~205.57
2,283.33
1,112.42
345.00
1,238.32
2,251.88
4,902.33
97.50
2,849.96
1,908.02
2,981.22
30.17
444,00
104.00
12.05
575.00
1,348.80
70.00
344,447.57
144.55
229.04
82.80
221,920.14
1,479.81
487.92
510.43
CZTY OF N]~AGARA FALLS Page: S
MUNICIPAL ACCOUNTS
Supplier Name
lheC,y0f APS200
N oFolqJ1
Cheque No Cheque Date Purpose
Amount
J P HAMMILL & SON LTD
JAGGER HIMS LIMITED
JAMES G ARMOUR & CO LTD
JOHNSON~DON
JONES NEON DISPLAYS LTD
KAN DU POOLS LTD
KAN DU POOLS LTD
KAN DU POOLS LTD
KAN DU POOLS LTD
KATCH'S QUALITY COMMUNICATION
KATCH'S QUALITY COMMUNICATION
KERRY T HOWE ENGINEERING LTD
KON,ADELE
L WALTER & SONS EXCAVATING
LA GUIDA
LAFARGE CANADA INC
LAFARGE CANADA INC
LAFARGE CANADA INC
LAPERE, BARBARA
LATOPLAST LTD
LEPIANE, VINCE
LOG BOOKS UNLIMITED
LONDON LIFE
MAC'S CONVENIENCE STORES INC
MACWHIRTER,GERALD
MANPOWER ONT #T6201
MANPOWER ONT #T6201
MARANDOLA, FAUSTA
MARI LYNNE EASTLAND
MARSHALL,1ANICE
MARTIN ENGINEERING INC
MCANDREWS AIR LTD
MCANDREWS AIR LTD
MCCABE,GEORGE
MCDONALD,ROB
MCDONALD,ROB
MCQUADE, DONALD
MCRAE, LEN
ME OLSEN TITLES INC
MEDCON MECHANICAL LTD
MEDCON MECHANICAL LTD
MEDCON MECHANICAL LTD
MELLEN DISTRIBUTING
MELLEN DISTRIBUTING
METRO PLUMBING & HEATING
MIDGLEY,CHERYL
MIDTOWN BOWLING NIAG LTD
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MISS ALL CANADIAN
MIM/CMA JOINT VENTURES ARCHITECTS
277414 29-Jul-2003
277572 05-Aug-2003
277262 22-]ul-2003
277120 15-1u1-2003
277263 22-Ju1-2003
277121 15-Ju1-2003
277264 22-Ju1-2003
277415 29-JU1-2003
277573 0S-Aug-2003
277122 15-,lU1-2003
277574 0S-Aug-2003
277416 29-~u1-2003
277265 22-Jul-2003
277420 29-Ju1-2003
277418 29-Jul-2003
277123 15-Jul-2003
277417 29-Ju1-2003
277575 05-Aug-2003
277124 15-.1ul-2003
277125 15-3U1-2003
277267 22-Ju1-2003
277127 15-Jul-2003
277578 05-Aug-2003
277128 15-Jul-2003
277421 29-Ju1-2003
277129 15-Ju1-2003
277270 22-Ju1-2003
277130 15-9u1-2003
277422 29-1u1-2003
277131 15-~ul-2003
277580 05-Aug*2003
277271 22-Jul-2003
277423 29-Ju1-2003
277272 22-Ju1-2003
277132 15-Jul~2003
277581 05-Aug-2003
277424 29-JU1-2003
277582 0S-Aug-2003
277275 22-JU1-2003
277273 22-~u1-2003
277425 29-JU1-2003
277583 05-Aug-2003
277133 15-Jul-2003
277274 22-Ju1-2003
277276 22-Ju1-2003
277426 29dU1-2003
277427 29-Ju1-2003
277278 22-Ju1-2003
277428 29-Ju1-2003
277430 29-Jul-2003
277431 29-]u1-2003
277432 29dul-2003
277585 0S-Aug-2003
277135 15-Jul-2003
277277 22-Jul-2003
277429 29-JU1-2003
277584 05-Aug-2003
277279 22-Jul-2003
277579 05-Aug-2003
MATERIALS
CONSULTING SERVICES
MATERIALS
REFUND
REFUND
MATERIALS
MATERIALS
MATERIALS
MATERIALS
CONTRACT SERVICES
CONTRACT SERVICES
CONSULTING SERVICES
ADMINISTRATIVE
MATERIALS
ADMINISTRATIVE
MATERIALS
MATERIALS
MATERIALS
REFUND
MATERIALS
GRANT
MATERIALS
REFUND
REFUND
REFUND
ADMINISTRATIVE
ADMINISTRATIVE
REFUND
MATERIALS
REFUND
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
MATERIALS
REFUND
ADMINISTRATIVE
ADMINISTRATIVE
REFUND
REFUND
ADMINISTRATIVE
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
MAINTENANCE AND REPAIRS
SUPPLIES
MATERIALS
MAINTENANCE AND REPAIRS
REFUND
REFUND
REMITTANCE
REMITTANCE
REMITTANCE
ADMINISTRATIVE
REMI~-FANCE
MATERIALS
REMiTI-ANCE
REMITTANCE
REMITFANCE
REMTTTANCE
ADMINISTRATIVE
CONTRACT SERVICES
439.99
6,659.01
3,467.25
500.00
264.00
463.68
1,786.65
957.20
1,135.22
402.50
517.50
964.61
494.58
3,650.84
321.00
3,641.14
2,092.74
1,837.09
460.10
335.80
300.00
904.36
1,722.04
30.00
750.00
580.85
464.68
750.00
428.00
750.00
1,715.37
2,847.00
1,522.61
400.00
248.18
157.61
41.09
60.00
752.63
88.27
1,057.23
463.23
367.22
122.40
1,009.02
131.00
13,522.15
5,813.63
200.00
52,942.83
9,600.00
732.15
86.85
1,428.59
1,405.51
1,623.59
1,493.59
150.00
80,118.80
CITY OF NIAGARA FALLS APS200 Page : 6
MUNICIPAL ACCOUNTS
Supplier Name Cheque No Cheque Date
MOBILE COMMUNICATION SERVICES 2 1 15-3ul-2003
MOBILE COMMUNICATION SERVICES 277586 0S-Aug-2003
MODERN LANDFILL INC 277280 22-3ul-2003
MODERN LANDFILL INC 277433 29-Jul-2003
MOLODYNIA, MICHAEL& MOLODYNIA, BOHDAN 277434 29-Ju1-2003
MONRAD, LINDSAY J 277587 05-Aug-2003
MONTErrH PLANNING CONSULTANTS 277435 29-3u1-2003
MONTGOMERY, MOE& MONTGOMERY, MIKE 277436 29-3u1-2003
MOORE CORPORATION LIMITED 277137 15-Ju1-2003
MORRONE,MARY 277138 15-1u1-2003
M1-C LEASING INC 277140 15-1ul-2003
MUNICIPAL EQUIPMENT & OPERATIONS ASSOCIATIONS ONTI 277141 15-.lu1-2003
MUNICIPAL HEALTH & SAFETY ASSOCIATION 277437 29-.lu1-2003
MUNICIPAL HEALTH & SAFETY ASSOCIATION 277588 05-Aug-2003
MUNICIPAL LAW ENFORCEMENT OFFICERS ASSOCIATION 277439 29-.1u1-2003
MUNICIPAL TAX EQUITf CONSULTANTS INC 277438 29-3ui-2003
MY COUNTRY DELICATESSEN 277142 15-1u1-2003
MY COUNTRY DELICATESSEN 277281 22-.lu1-2003
NEDCO 277144 15-.lu1-2003
NEDCO 277282 22-Jul-2003
NELS INCORPORATED 277440 29-.~u1-2003
NFPFFA 277283 22-3ul-2003
NIAGARA BLOCK INC 277145 15-3u1-2003
NIAGARA CATHOLIC DISTRICT SCHOOL BOARD 277146 15-.lul-2003
NIAGARA CREDIT UNION 277147 15-1u1-2003
NIAGARA CREDIT UNION 277284 22-3u1-2003
NIAGARA CREDIT UNION 277442 29-.lul-2003
NIAGARA CREDIT UNION 277591 0S-Aug-2003
NIAGARA DIESEL INJECTION 277285 22-]u1-2003
NIAGARA DISTRICT AIRPORT COMMISSION 277443 29-.lul-2003
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 277151 15-.1u1-2003
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 277290 22-.luF2003
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 277449 29-3u1-2003
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 277595 05-Aug-2003
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC 277596 0S-Aug-2003
NIAGARA FALLS HUMANE SOCIETY 277148 15-.lu1-2003
NIAGARA FALLS HUMANE SOCIE15' 277445 29-Ju1-2003
NIAGARA FALLS HUMANE SOCIETY 277446 29-1ul-2003
NIAGARA FALLS HYDRO 277149 15-.lul-2003
NIAGARA FALLS HYDRO 277150 15-Jul-2003
NIAGARA FALLS HYDRO 277287 22-3ul-2003
NIAGARA FALLS HYDRO 277447 29-.lul-2003
NIAGARA FALLS HYDRO 277448 29-1ul-2003
NIAGARA FALLS HYDRO 277592 05-Aug-2003
NIAGARA FALLS MARRIOTt FALLSVIEW 277593 0S-Aug-2003
NIAGARA FALLS OPTIMIST SLO PITCH CANTEEN 277288 22-.lul-2003
NIAGARA FALLS SERTOMA CLUB 277152 15-Ju1-2003
NIAGARA FALLS TOURISM 277450 29-.!u1-2003
NIAGARA HEALTH SYSTEM 277597 05-Aug-2003
NIAGARA NEWSFAX 277153 15-.lul-2003
NIAGARA OCCUPATIONAL HEALTH SERVICES 277291 22-Ju1-2003
NIAGARA SHOPPING NEWS 277292 22-.lu1-2003
NIAGARA SOUND SYSTEMS 277154 15-Ju1-2003
NIAGARA SOUND SYSTEMS 277293 22-Jul-2003
NIAGARA TRANSIT 277451 29-.lul-2003
NIAGARA.COM 277441 29-1uF2003
NIAGARA.COM 277590 05-Aug-2003
NOELL,ANDREW& NOELL, MARY 277294 22-]u1-2003
NORIOHN LTD 277155 15-Jul-2003
Purpose
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
REFUND
CONTRACT ~ERV[CE~
REFUND
REFUND
CONSULTING SERVICES
MATERIALS
MATERIALS
SUPPLIES
CONTRACT SERVICES
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRAT[VE
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
MATERIALS
MATERIALS
REFUND
ADMINISTRATIVE
MATERIALS
REFUND
REMITTANCE
REMITFANCE
REMITI'ANCE
REMITrANCE
MAINTENANCE AND REPAIRS
GRANT
REMITI'ANCE
REMITrANCE
REMITI'ANCE
REMITTANCE
REM[1TANCE
REMITrANCE
CONTRACT SERVICES
CONTRACT SERVICES
REMITrANCE
UTILITIES
UTILITIES
REMI~FANCE
UTILITIES
UTILITIES
ADMINISTRATIVE
AOMINTSTRATIVE
ADMINISTRATIVE
GRANT
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
ADMTNISTRATIVE
EQUIPMENT
EQUIPMENT
GRANT
ADMINISTRATIVE
CONTRACT SERVICES
REFUND
CONTRACT SERVICES
Amount
117.30
116.15
1,090,00
2,776.85
142.27
15.00
3,774.43
267.50
1,143.42
235.26
277.87
105.00
321.00
267.50
200.00
1,762.88
92.92
103.39
1,162.65
74.18
134.52
207.00
253.44
250.00
14,264.00
14,264.00
14,244.00
14,264.00
1,790.62
19,500.00
1,614.69
1,614.69
1,614.69
1,598.38
2,984.44
237.95
30,083.33
2,051.70
63,032.95
1,864.91
63,212.82
5,338.67
9,366.56
349.14
1,603.73
553,00
200.00
80,416.67
513.00
780.03
150.00
1,049.05
775.75
1~167.77
100,000.00
85.50
369.69
1,050.00
102,927.57
CZTY OF NZAGARA FALLS Page: 7
HUN[C[PAL ACCOUNTS
Supplier Name
lheC,y0f AP5200
Cheque No Cheque Date Purpose
Amount
NORM'S VACUUM
NORTH AMERICAN CONSTRUCTION SERVICES
NORTHSTAR CONSTRUCTION
OMERS
OMERS
ONTARIO CLEAN ALL
P R W EXCAVATING CONTRACTORS LTD
PAMBOOKIAN INDUSTRIES LTD
PAPER DIRECT
PASCOE, REBECCA
PAULA BERKETO
PEC ROOF MAINTENANCE
PENINSULA CASH CONTROL SYSTEMS INC
PENINSULA COMMUNICATION SYSTEMS ]NC
PENINSULA COMMUNICATION SYSTEMS [NC
PENINSULA COMMUNICATION SYSTEMS INC
PENINSULA PEST CONTROL LTD
PENINSULA VIDEO ~ SOUND INC
PHILIPS ENGINEERING
PHILLIPS,lOAN
PINEWOOD HOMES
PINGUE, PAUL
PIRAINO & RAIMONDO ASSOCIATES ARCHITECTS
PRATA,GUY
PRAXAIR
PRAXAIR
PRESTIROBERT NORMAN
PROJECT SHARE
PROJECT SHARE
PROSECUTORS' ASSOCIATION OF ONTARIO
PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD
PROVINCIAL LANDSCAPING
PURE WATER
PURE WATER
PURE WATER
PUROLATOR COURIER
PUROLATOR COURIER
PUROLATOR COURIER
PUROLATOR COURIER
QS2
R&C DRIVEWAY SEALING & PAINT
RACINE, RALPH
RACO AUTO SUPPLY LTD
RACO AUTO SUPPLY LTD
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
RECREATIONAL PLAYSYSTEMS
REDDY, RAMESH
REECE,CARLA
REISTETTER,ANDREW
RINALDIS,1OSEPH& RINALDIS, CARMELA
ROBERT BRAKEL & ASSOCIATES LTD
ROCHESTER MIDLAND LIMITED
RODGERS, D
ROGERS WIRELESS INC
ROGERS WIRELESS INC
ROONEY,BARBARA
277598 05-Aug-2003
277452 29~1ul-2003
277295 22-1ul-2003
277157 15-1ul-2003
277599 05-Aug-2003
277453 29-]ul-2003
277605 0§-Aug-2003
277454 29-1ul-2003
277600 05-Aug-2003
277296 22-1u1-2003
277297 22-1u1-2003
277601 0S-Aug-2003
277159 15-3u1-2003
277158 15-1U1-2003
277298 22-1u1-2003
277455 29-1U1-2003
277456 29-1ul-2003
277160 15-1ul-2003
277602 0S-Aug*2003
277457 29-]ul-2003
277299 22-1U1-2003
277161 15-1ul-2003
277603 05-Aug-2003
277300 22-1ul-2003
277162 15-1u1-2003
277604 0S-Aug-2003
277459 29-3U1-2003
277460 29-3u1-2003
277461 29-1ul-2003
277462 29-1u1-2003
277301 22-1u1-2003
277463 29-1u1-2003
277302 22Oul-2003
277465 29-3U1-2003
277606 0S-Aug-2003
277163 15-1u1-2003
277303 22-1u1-2003
277466 29-1u1-2003
277607 0S-Aug-2003
277608 0S-Aug-2003
277467 29-1u1-2003
277304 22-]u1-2003
277164 15-]ul-2003
277609 05-Aug-2003
277165 15-1ul-2003
277305 22-1ul-2003
277468 29-1u1-2003
277611 05-Aug-2003
277166 15-]ul-2003
277167 15-1u1-2003
277306 22-1ul-2003
277172 15-]u1-2003
277473 29-]ul-2003
277474 29-]ut-2003
277311 22-1u1-2003
277173 15-]U1-2003
277475 29-]u1-2003
277612 05-Aug-2003
277312 22-1ul-2003
MATERIALS
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
REMFCFANCE
REMITTANCE
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
REFUND
MATERIALS
ADMINISTRATIVE
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
SUPPLIES
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
MATERIALS
CONSULTING SERVICES
REFUND
REFUND
REFUND
REFUND
CONSULTING SERVICES
MATERIALS
MATERIALS
REFUND
MATERIALS
GRANT
ADMINISTRATIVE
CONTRACT SERVICES
EQUIPMENT
MATERIALS
MATERIALS
MATERIALS
ADMINISTRATIVE
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
MATERIALS
MAINTENANCE AND REPAIRS
REFUND
MATERIALS
MATERIALS
REMITTANCE
REMI'I-rANCE
REMI~-ANCE
REMII-fANCE
EQUIPMENT
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
REFUND
CONSULTING SERVICES
MATERIALS
REFUND
UTILITIES
UTILITIES
ADMINISTRATIVE
112.70
2,029.39
1,733.40
89,675.32
108,62S.72
428.00
3,998.59
2,402.46
248.98
58.96
4,479.29
1,910.97
200.48
406.60
285.69
389.56
138.03
96.30
325.34
500.00
1,000.00
500,00
859.50
9.72
493.65
96.77
2,029.42
1,693.37
7,916.67
100.00
58,935.25
5,132.79
140.50
67.50
99.00
75.09
65.40
126.36
93.73
1,115.27
588.50
100.00
614.44
170.57
169,138.66
174,332.48
159,159.61
155,156.41
16,485.08
378.00
60.30
500.00
60.34
10,734.71
834.92
100.00
71,72
85.56
315.00
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Supplier Name
APS2OO
Cheque No Cheque Date Purpose
Page : 8
ROTUNDA,JOSEPH& ROTUNDA, SAVERINA
ROYAL SANK
ROYAL BANK
RYALL WALKER IN TRUST
SAFETY EXPRESS LTD
SAFETY KLEEN CANADA INC
SCERVINO, LUIGI
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTIABANK
SEAMLESS ASSEMBLIES
SHABRI PROPERTIES LTD
SHADOW GRAPHIC
SIBLEY E ASSOCIATES INC
SIBLEY & ASSOCIATES [NC
SICO INC
SINGULAR PRODUCTIONS LIMITED
SKIBA, BART
SPARKS, BRIAN
STAMFORD HOME HARDWARE
STEED & EVANS LIMITED
STEVENSVILLE LAWN SERVICE INC
STOKES INTERNATIONAL
SUNCOR ENERGY PRODUCTS INC
SUPERIOR PROPANE INC
TAYLOR,INGRID
TD CANADA TRUST
TELUS INTEGRATED COMMUNICATIONS
TELUS MOBILITY
TELUS MOBILITY
TELUS MOBILrl-Y
THE CAMERA PLACE FOTO SOURCE
THE EQUIPMENT SPECIALIST INC
THE PEPSI BO'I-fLING GROUP
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REVIEW
THE REVIEW
THE TORONTO SUN
THOMSON,WAYNE
TOPS AND BOTfOMS YACHT SERVICES
TOTTEN SIMS HUBICKI ASSOCIATES
TOTTEN SIMS HUBICKI ASSOCIATES
TOTI-EN SIMS HUBICK[ ASSOCIATES
ToI-rEN SIMS HUBICKI AESOC[ATES
2~747~ 29-3Ui-2003
277477 29-3ul-2003
277478 29-3ul-2003
277479 29-]ul-2003
277175 15-Jul-2003
277480 29-3u1-2003
277313 22-Ju1-2003
277176 1S-.lul-2003
277315 22-3u1-2003
277316 22-3ul-2003
277481 29-3u1-2003
277482 29-3u1-2003
277483 29-3u1-2003
277484 29-~u1-2003
277613 05-Aug-2003
277317 22-]ul-2003
277485 29-3ul-2003
277614 05-Aug-2003
277486 29-3u1-2003
277615 05-Aug-2003
277177 154u1-2003
277487 29-~u1-2003
277616 05-Aug-2003
277178 15-3u1-2003
277488 29-3u1-2003
277319 22-~u1-2003
277489 29-3u1-2003
277179 15-]u1-2003
277490 29-3u1-2003
277320 22-~u1-2003
277619 05-Aug-2003
277620 05-Aug-2003
277181 15-Ju1-2003
277182 15-]ul-2003
277183 15-3u1-2003
277492 29-]u1-2003
277184 15-3uF2003
277185 15-Ju1-2003
277187 15-~uF2003
277168 15-3ul-2003
277169 15-3u1-2003
277170 15-3u1-2003
277307 22-3u1-2003
277308 22-~ul-2003
277309 22-~ul-2003
277310 22-3u1-2003
277469 29-3u1-2003
277470 29-3u1-2003
277471 29-3uF2003
277472 29-~u1-2003
277321 22-3u1-2003
277621 05-Aug-2003
277622 05-Aug-2003
277322 22-]ul-2003
277323 22-]ul-2003
277189 15-3ul-2003
277494 29-3u1-2003
277495 29-3ul-2003
277623 05-Aug-2003
REFUND
ADMINISTRATIVE
REFUND
REFUND
MATERIALS
MATERIALS
REFUND
f'IATER~ALS
ADMINISTRATIVE
REFUND
MATERIALS
ADMINISTRATIVE
REMITTANCE
REFUND
MATERIALS
MATERIALS
REFUND
MATERIALS
CONSULTING SERVICES
CONSULTING SERVICES
MATERIALS
MAINTENANCE AND REPAIRS
ADMINISTRATIVE
REFUND
MATERIALS
CONTRACT SERVICES
MATERIALS
MATERLALS
MATERIALS
MATERL~LS
MATERIALS
REFUND
UTILrrIES
CONTRACT SERVICES
UTILITIES
EQUIPMENT
EQUIPMENT
EQUIPMENT
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
MATERIALS
REFUND
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
ADMINISTRATIVE
MAINTENANCE AND REPAIRS
CONTRACT SERVICES
CONSULTING SERVICES
CONSULTING SERVICES
CONSULTING SERVICES
203.35
1,160.01
943.76
639.26
1,174.11
2,958.95
100.00
636.36
2,905.64
737.28
120,991.63
716.80
690.00
1,400.00
5,757.80
400.00
2,678.05
929.78
529.65
635.58
1,509.58
763.60
267.30
100.00
22.15
44,082.96
101.65
79.47
873.68
77.63
138.00
336.00
522.75
528.94
4,142.30
239.74
1,092.50
13,629.23
503.63
54,994.45
548,987.70
67.44
1,200.00
1,200.00
16,716.66
1,450.00
924,064.47
535,393.81
4,841.75
4,956.61
54.57
8,061.23
373.43
358.22
51.75
9,258.28
7,501.16
15,513.93
6,789.27
CZTY OF NIAGARA FALLS Page: 9
MUNICIPAL ACCOUNTS
Supplier Name
Cheque No
TOUCHSTONE S~FE CONTRACTORS
TRAVELPIC NIAGARA FALLS
TRI CITY CURB CUTTING INC
TRILLIUM INDUSTRIAL SAFETY SYSTEMS INa
TROW CONSULTiNG ENGINEERS LTD
TROW CONSULTING ENGINEERS LTD
TROW CONSULTING ENGINEERS LTD
TROW CONSULTING ENGINEERS LTD
UNITED WAY
V GIBBONS CONTRACTING LTD
VADIM COMPUTER MANAGEMENT GROUP LTD
VALUE ADDED SYSTEMS INC
VAN DER ZALM & ASSOCIATES
VARALI,ALFREOO
VO VAN NHAP
WALKER BROTHERS ASPHALT
WALKER BROTHERS QUARRIES LTD
WALKER BROTHERS QUARRIES LTD
WALKER BROTHERS QUARRIES LTD
WATt, DAVID
WAYNE SAFETY INC
WEIR FOULDS
WESTBURNE/RUDDY
WESTBURNE/RUDDY
WHATS UP KIDS MAGAZINE LTD
WINGER,TERRI
WOLSELEY WATERWORKS GROUP
WOLSELEY WATERWORKS GROUP
WOMEN'S PLACE OF SOUTH NIAGARA INC
WRIGHT FUELS INC
WRIGHT FUELS [NC
WRIGHT FUELS [NC
WSIB
WYLIE, BRENDA
YMCA
YMCA
YOUNG,WILLIAM& YOUNG, SHARON
YOUNG SOD FARMS LTD
YUGAY~ANDREY
~he C~ ~ j~, AP5200
I~o00ro FolI~III~'
Cheque Date Purpose
277496 29-Jul-2003
277624 0S-Aug-2003
277625 05-Aug*2003
277191 1S-]ul-2003
277192 15-1ul-2003
277326 22-3ul-2003
277498 29-3ul-2003
277626 05-Aug-2003
277499 29-3ul-2003
277195 15-3ul-2003
277193 15-3ul-2003
277627 05-Aug-2003
277194 15-3ul-2003
277500 29-3ul-2003
277196 15-3ul-2003
277628 0S-Aug-2003
277197 15-3ul-2003
277501 29-3ul-2003
277629 05*Aug-2003
277630 05-Aug-2003
277502 29-3ul-2003
277330 22-3u1-2003
277331 22-1ul-2003
277503 29-3uF2003
277198 15-.lu1-2003
277504 29-3ul-2003
277332 22-1u1-2003
277631 0S-Aug-2003
277505 29-3u1-2003
277199 15-3u1-2003
277506 29-3ul-2003
277632 05-Aug-2003
277633 05-Aug-2003
277200 15-]u1-2003
277507 29-3ul-2003
277508 29-1ul-2003
277509 29-3ul-2003
277201 15-.1ul-2003
277510 29-3ul-2003
CONTRACT SERVICES
MATERIALS
CONTRACT SERVICES
MATERIALS
CONSULTING SERVICES
CONSULTING SERVICES
CONSULTING SERVICES
CONSULTING SERVICES
REMITTANCE
CONTRACT SERVICES
CONTRACT SERVICES
EQUIPMENT
CONTRACT SERVICES
REFUND
REFUND
MATERIALS
MATERIALS
MATERIALS
MATERIALS
ADMINISTRATIVE
MATERIALS
CONSULTiNG SERVICES
MATERIALS
HATERIALS
ADMINISTRATIVE
MAINTENANCE AND REPAIRS
MATERIALS
MATERIALS
GRANT
MATERIALS
MATERIALS
MATERIALS
ADMINISTRATIVE
ADMINISTRATIVE
GRANT
REMITTANCE
REFUND
HATERIALS
REFUND
Amount
20,305.52
280.88
686.99
1~919.35
1,233.71
2,643.54
16,911.62
2,343.17
1,774.00
125,024.83
14,558.61
2,001.00
2,253.69
183.85
825.00
225.71
3,646.59
1,021.25
259.87
151.19
894.24
1,865.01
19,450.13
11,460.76
240.75
65.00
4,899.98
159.85
2,083.33
13,822.99
25,392.03
12,465.02
12,663.64
265.10
7,500.00
633.35
1,742.06
2,769.90
1,263.65
Total: 5,876,597.43
The City of
Niagara Falls~
Canada
Community Services Department
Business Development Department
Niagara Falls and Area Business Self-Help Office
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 ext. 5001
(905) 357-9293
sfelicetti@city.niagarafalls.on.ca
August 11, 2003
Serge Felicetti
Director
BDD-2003-01
His Worship Mayor Wayne Thomson
and Members of the Municipal COuncil
City of Niagara Falls, Ontario
Members:
BDD-2003-01 - Agreement with the Ministry of Enterprise, Opportunity and
Innovation to convert the current Business Self-Help Office immediately to a Small
Business Enterprise Centre.
RECOMMENDATION:
That Council enter into an agreement with the Ministry of Enterprise, Opportunity and
Innovation (MEOI) to support the conversion of the current Business Self-Help Office to a
Small Business Enterprise Centre both in principal and financially. The office will continue
operating within City Hall with the understanding that the office will be relocated to the Niagara
Falls Community Centre upon construction (Estimated Completion Date: Summer 2005).
BACKGROUND:
The Business Self-Help Office was established in April, 2000 in a partnership between the
Province of Ontario and the City of Niagara Falls. Staff provides Niagara Falls small business
entrepreneurs with information and consultations to assist their start-up ventures. Annually, staff
has responded to more than 3300 general inquiries and has provided one-on-one consultations to
more than 400 aspiring entrepreneurs. Staffhas administered mandated MEOI programs for
young entrepreneurs, such as Summer Company and Business Plan Competition..
In order to increase service and support to entrepreneurs, MEOI is mandated to convert Business
Self-Help Offices into Small Business Enterprise Centres (SBEC) by the end of August, 2003.
The Niagara Falls Area Small Business Enterprise Centre will be one of 44 offices across the
Ontario that are supported in partnership between Municipalities and the Province. SBEC
centres are provided increased funding from MEOI in agreement to provide increased service and
programs for business start-ups.
Under the agreement the Province will provide the following:
Increase funding from $38,000 to $45,000 to support a Manager of the SBEC- the
position will be a full-time (non-union) contract employee to be hired by the City (The
expected start date is September 1, 2003). The funding will also contribute to the support
of a Small Business Co-ordinator- the Small Business Co-ordinator will be a part-time
(non-union) contract employee hired by the City. (The expected start date is April, 2004)
Resource material required to operate a full-service Small Business Enterprise Centre
As per the MEOI conversion mandate, the physical size of the Niagara Falls Area Small
Business Enterprise Centre must increase and achieve store-front exposure. MEOI will
contribute $20,000 for relocation costs to the Niagara Falls Community Centre - this one-
time funding will contribute to signage, office furniture and equipment.
Staff training for the Manager and Small Business Co-ordinator in Small Business
programs, services and will continue to provide an ongoing liaison
The City in return is to provide the following:
Under the terms and conditions of the agreement with MEOI, the office will relocate to
the Niagara Falls Community Centre upon completion of construction. The SBEC will
remain under the supervision of the Director of Business Development
The Manager is to operate under the general supervision of the Director of Business
Development.
Access to photocopier, fax machine and internet lines.
The agreement is to be executed on an annual basis between the City of Niagara Falls and the
Ministry of Enterprise, Opportunity and Innovation.
CONCLUSION:
MEOI will be replacing all Ontario Business Self-Help Offices with greater services and
programs provided by Small Business Enterprise Centres. In order to retain Provincial funding
for the program, we are required to convert our office into the Small Business Enterprise Centre
by the end of August 2003. The Ministry has agreed to a transitional period while the Niagara
Falls Community Centre is being constructed. A resolution of Council in support of this
partnership would be greatly appreciated.
l~r~pared by: /.
Small Business Consultant
/ ~ful~ted by:
erge ~L'~tti i~
of Business Development
commended~ by: I
acDonald
dministrative Officer
Ontario
Letter of Agreement
Niagara Falls &Area Small Business Enterprise Centre
Small Business Enterprise Centres
Ontario's Business Support Network
Table of Contents:
I Purpose and Definitions ....................................................................................................... 2
II Program ............................................................................................................................... 2
III Program Deliverables .......................................................................................................... 3
IV Niagara Falls Obligations .................................................................................................... 4
V Ministry of Enterprise, Opportunity and Innovation Obligations ....................................... 5
VI Administrative and Cost-Sharing Arrangements ................................................................. 6
VII Reporting and Monitoring ................................................................................................... 6
VIII Promotion and Publicity ...................................................................................................... 7
IX Indemnification .................................................................................................................... 7
X Term of the Letter of Agreement ......................................................................................... 7
XI Termination .......................................................................................................................... 8
XII Signatures ............................................................................................................................ 8
This Letter of Agreement includes the following Schedules:
Schedule A ..................................................................................................... Mandate and Program
Schedule B ........................................................................................................................... Services
Schedule C ....................................................................................... Reporting and Record Keeping
Schedule D ....................................................................................... Partnership Guiding Principles
Schedule E ............................................................................................ Proposal and Start-up Costs
Schedule F .............................................................. Business Plan and Services Rendered Funding
LOASB EC2003niagarafalls
Letter of Agreement
between
The Ministry of Enterprise, Opportunity and Innovation
and the
Corporation of the City of Niagara Falls
Regarding the
Niagara Falls & Area Small Business Enterprise Centre
I. Purpose and Definitions:
The intent of this Letter of Agreement is to set out the framework that outlines the rights and
obligations of each party, the administrative and cost-sharing arrangements, program deliverables and
reporting requirements for the parties signing this Letter of Agreement.
In consideration of mutual covenants contained herein and other good and valuable consideration, the
City of Niagara Falls, herein referred to as the city and the Ministry of Enterprise, Opportunity &
Innovation herein referred to as MEOI, hereby agree to jointly implement the Small Business
Enterprise Centre (herein referred to as SBEC) Program in accordance with the terms and conditions
contained in this Letter of Agreement.
In this Letter of Agreement, unless the context otherwise requires, the following terms, words and
phrases shall have the meanings indicated below:
"Business Plan" has the meaning set out in Section VI Administrative and Cost-sharing Arrangement;
"Ministry of Enterprise, Opportunity & Innovation (MEOI)" includes the Ministry of Northern
Development and Mines 0VINDM) as related to Small Business Enterprise Centre locations in
Northern Ontario; and the Ministry of Agriculture, Food (OMAF) as related to their involvement in
Small Business Enterprise Centre locations in Southem Ontario;
"Small Business Enterprise Centre (SBEC)" includes the term Business Self-Help Office (BSHO)
for locations currently operating under that Program. Variations in the services delivered
under the Business Self-Help Office Program, compared to those identified in Schedule B
"Services" attached hereto will be reflected in the Business Plan.
II. Program:
In recognition of the vital role that entrepreneurial activity and new businesses play in Ontario's
economy and specifically in the growth and prosperity of the city of Niagara Falls, the Province of
Ontario and the city of Niagara Falls have agreed to establish a partnership under the Small Business
Enterprise Centre program (SBEC Program) that will result in the creation and operation of the
Niagara Falls & Area Small Business Enterprise Centre. As a result of the provincial financial and
operational support under the Program, Niagara Falls & Area Small Business Enterprise Centre will
provide important resources to entrepreneurs and new businesses in Niagara Falls and the service
region that will assist in the formation of nexv businesses and support area businesses by addressing
issues that are barriers to their early growth and success.
Letter of Agreement LOASBEC2001- 2
02niagarafalls
The Niagara Falls & Area SBEC will assume a leadership role in the provision and delivery of
information, learning and counselling and other resources that support start-up and early stage business
growth.
The SBEC Program, under the leadership of MEOI, supported by the network of Small Business
Enterprise Centres will evolve to meet the needs of new and existing small business owners in the pre-
venture and business development cycle. See Schedule A "Mandate and Program".
IlL Program Deliverables:
In accordance with the terms and conditions contained in this Letter of Agreement, the City of Niagara
Falls/Niagara Falls & Area SBEC shall:
1. Be active in the community, developing and promoting the Niagara Falls & Area Small Business
Enterprise Centre as a visible resource to provide Services, within its mandate, to all individuals
who visit the SBEC, (regardless of their place of residence), adhering to the Program and principles
set out in Schedule A "Mandate and Program" and Schedule B "Services", attached to this
Letter of Agreement;
2. Undertake outreach and networking (i.e. business information kiosks, seminars, workshops,
speaking engagements and small business activities/events) outside the City of Niagara Falls
administrative area;
Collect, compile, analyze and report the nature and number of client contacts and consultations,
distribution of MEOI's publications, delivery of seminars/workshops and on-line training modules,
activity related to the Young Entrepreneurs strategy, outreach/networking activities, mentoring,
indicators of economic impact and other data MEOI may reasonably request fi.om time to time, in
the format as outlined in Schedule C "Reporting and Record Keeping" attached to this Letter of
Agreement;
Establish and maintain a small business resource library including appropriate electronic
resources/databases, distribute MEOI's publication Starting a Small Business in Ontario to clients
in accordance with MEOI published guidelines, and display other government departments'
business related publications and small business program materials in the resource centre without
charges/fees;
5. Develop and set service objectives, monitor performance levels and achievement of established
targets for Services in accordance with MEOI business plan and reporting guidelines;
6. Attend and participate in regional meetings and conferences held]sponsored by MEOI in
conjunction with the SBEC/BSHO mandate and delivery of Services to clients;
7. Actively network/link other service providers, relevant agencies, associations, organizations or
businesses in the public, private or volunteer sector to promote the SBEC/BSHO and enhance
small business services to clients;
8. Develop, facilitate and dehver small business seminars/workshops in the municipality and
throughout the service region;
Letter of Agreement LOASBEC2001- 3
02niagara falls
Identify opportunities and develop public/private sector sponsors/corporate partners to further
enhance the resource base of the SBEC and Services to small business clients (refer to Schedule D
"Partnership Guiding Principles". Agreements shall be negotiated in consultation with relevant
stakeholders, including MEOI;
10. Develop an Advisory Committee for the SBEC/BSHO comprised of representatives of partners,
stakeholders and the business community - the committee is to meet (as a minimum) on a quarterly
basis. MEOI or its designate will maintain representation on the Advisory Committee;
11. Design and conduct client/customer service surveys on (as a minimum) an annual basis in
consultation with MEOI and in conjunction with published guidelines.
IV. City of Niagara Falls Obligations:
City of Niagara Falls shall be responsible for providing:
A Council resolution from the City of Niagara Falls expressing full support of the Program both in
principle and financially, and authorizing the head of Council (or his/her designate) to sign this Letter
of Agreement. The resolution is to be signed by the head of council or his/her designate;
and, on an on-going basis, the City of Niagara Falls shall provide the following:
Services as outlined in Schedule B "Services" in return for MEOI funding. Entrepreneurial start-
up services, as outlined in published guidelines, will be provided on a non-fee basis as part of
MEOI funding for services rendered except as noted;
Delivery of program planning, management and operations consistent with the SBEC/BSHO
Program and its Services. This includes promotion and delivery of MEOI small business programs
and training modules (current and future) such as, but not limited to, Future Entrepreneurs,
Summer Company and My Company;
Assumption of a private sector approach to operations including revenue generation and a fee for
services as appropriate. The SBEC/BSHO may institute fees and other user pay, revenue
generating programs for services not covered in Schedule B "Services" provided the Services
outlined in Schedule B "Services" are being delivered to the mutual satisfaction of MEOI and the
City of Niagara Falls. MEOI funding may not be diverted to other program/service areas without
the specific, written permission of MEOI;
Ensuring the SBEC/BSHO is sufficiently staffed, including administrative support, to deliver
Services (refer to Schedule B "Services") and meet the needs of clients as related to those
services;
5. Implementation of a mentorship program addressing early stage growth issues the mentorship
program may be established on a cost recovery/revenue generating basis;
6. Delivery of the training components of MEOI's Young Entrepreneurs strategy and progrmns;
Letter of Agreement LOASBEC2001- 4
02niagarafalls
7. A facility with sufficient floor space (as mutually agreed upon and outlined in the SBEC proposal
Schedule E "Proposal and Start-up Costs" and/or business plan Schedule F "Business Plan
and Services Rendered Funding" attached to this Letter of Agreement), at a mutually agreed
upon location. The facility shall be equipped with dedicated telephone service and access to
appropriate telecommunication equipment including, but not limited to, computers, intemet and
private email access, facsimile machine, photocopier;
8. Internal and external signage in a mutually agreed upon format (also refer to VIII "Promotion and
Publicity");
9. The City of Niagara Falls shall not assign the rights and obligations contained in this Letter of
Agreement in whole or in part without prior consultation and the written consent of MEOI.
V. Ministry of Enterprise, Opportunity and Innovation's Obligations:
MEOI shall be responsible for providing the following on an on-going basis:
The Small Business Enterprise Centre Program and guidelines for on-going development and
management of the program, specifically as related to Services, customer service levels and future
direction of the Program;
Funding as outlined under VI "Administrative and Cost Sharing Arrangements" and as detailed
in Schedule E "Proposal and Start-up Costs and Schedule F "Business Plan and Services
Rendered Funding";
3. Assistance in the development of further public/private sector partnerships and agreements in the
operation of the SBEC/BSHO;
4. Providing appropriate marketing and communications support of the SBEC/BSHO network and
local Centres including the provision of logos/identifiers and provincial literature and brochures;
5. Program and curriculum/training materials related to MEOI small business initiatives such as, but
not limited to, Salute To Small Business, Bridges To Better Business and components of the Young
Entrepreneurs strategy and programs;
6. Client/customer service guidelines as related to "service quality standards" and the integrity of the
SBEC/BSHO Program as outlined in published guidelines;
Professional development in support of consultant "expertise" and program related training
opportunities through a "New Consultant Orientation" program, Regional Networking meetings, an
Annual Conference and on-line training modules;
Assistance in SBEC/BSHO operation including, but not limited to business planning, monthly
reporting and adnfinistrative requirements and consultant training and development through
interaction with MEOI Entrepreneurship and Field Services staff.
Letter of Agreement LOASBEC2001- 5
02niagarafalls
VI. Administrative and Cost-Sharing Arrangements:
1. Both parties shall participate in the selection of SBEC/BSHO staff(Manager/Consultants) in the
manner mutually agreed upon and outlined in Schedule E "Proposal and Start-up Costs" and/or
Schedule F "Business ]Plan and Services Rendered Funding" of this document.
2. MEOI, in recognition of the services and facilities provided by the City of Niagara Falls will cost_
share expenses on a services rendered basis, to a maximum to be determined in the SBEC/BSHO
Business Plan. MEOI shall be invoiced on a quarterly basis (April 1, July 1, October 1, and
January 1) for its share. The annual mount shall be determined prior to the MEOI fiscal year
(April 1).
3. MEOI's cash contribution and the SBEC/BSHO's targets and Service objectives are to be
negotiated annually and mutually agreed upon. Prior to each MEOI fiscal year start, April 1, the
City of Niagara Falls shall submit its Business Plan for the SBEC's operation for approval by
MEOI.
4. The Business Plan shall detail the basic method of operation, client targets and other related
services, anticipated outreach services, mentoring, training, revenue generation, special events, and
partner funding soumes. It shall also include a detailed Budget outlining all operational expenses
related to the SBEC/BSHO, revenue and revenue sources. The Business Plan, financial statements
and related targets must conform to MEOI's fiscal year (April 1 -March 31); and, when agreed
upon by both parties, shall be an addendum to this Letter of Agreement, forming an integral part of
this Letter of Agreement as Schedule F "Business Plan and Services Rendered Funding" and
establishing the annual MEOI cost-sharing commitment. The Business Plan shall include a report
on the previous year's activity and accomplishments in relation to targets and Service objectives
set, a financial summary of revenues and expenses for the year and a forecast, including targets,
activities, objectives and projected revenues and expenses for the year ahead.
5. Payment shall be made on a quarterly basis if agreed upon targets and conditions established for
the SBEC/BSHO, as defined in the Business Plan, are being met to the satisfaction of MEOI.
6. MEOI shall not be responsible for and shall not be invoiced for any subscription fees and travel
expenses except as specifically authorized in writing by the Manager, Entrepreneurship prior to
incurring such expense.
7. Any and all revenues (cash or in-kind) generated as a result of partnerships/sponsorships related to
the operation of the SBEC/BSHO, or through the Services rendered by the SBEC/BSHO shall be
used solely for the operation of the Small Business Enterprise Centre/Business Self-Help Office
and to expand or enhance the level and type of service offered to small business clients.
8. Revenues and expenses for the SBEC/BSHO shall have separate accounting records and shall not
be considered as part of general revenues and expenses of the City of Niagara Falls.
Letter of Agreement LOASBEC2001 - 6
02niagarafalls
VII. Reporting and Monitoring:
In addition to the annual Business Plan, the City of Niagara Falls/Niagara Falls & Area SBEC will
provide MEOI monthly reports and other reports that MEOI may reasonably request in a manner
and format mutually agreed upon.
The City of Niagara Falls shall provide MEOI, for audit purposes from time to time, during the
term of this Letter of Agreement and for a period of three (3) years after the expiry or termination
of this Letter of Agreement, access to information relating to the operation of the Centre/Office,
including but not limited to, any financial and client databases compiled and maintained by the
SBEC/BSHO or the City of Niagara Falls on behalf of the SBEC/'BSHO.
VIII. Promotion and Publicity:
1. Any publicity, publication or reference relating to the Niagara Falls & Area SBEC shall reflect the
participation of each party in a joint program between the Province of Ontario and the City of
Niagara Falls. MEOI will provide appropriate logo information for such promotion.
2. All internal and external signage relating to the Niagara Falls & Area SBEC shall be mutually
agreed upon and expressly identify the BSHO as a joint initiative/Program between the Province of
Ontario and the City of Niagara Falls. MEOI will provide appropriate logo information for such
promotion.
3. The Niagara Falls & Area Small Business Enterprise Centre will be promoted as part of a network
of Centres - Ontario's Business Support Network by the City of Niagara Falls and MEOI.
IX. Indemnification:
The City of Niagara Falls agree(s) that MEOI shall not be liable for any injury or damage (including
death) to the person or property of any officer, employee or agent of the City of Niagara Falls/Niagara
Falls & Area SBEC, unless the injury, loss or damage is caused by the negligence of an officer or
employee of MEOI while acting within the scope of his/her employment.
The City of Niagara Falls agree(s) that it shall, at all times, indemnify and save harmless MEOI, its
officers, employees and agents from and against all claims, demands, losses, costs, damages, actions,
suits or other proceedings made, sustained, brought or prosecuted that are based upon, or caused in any
way by anything done or omitted to be done by the City of Niagara Falls/Niagara Falls & Area SBEC
or any of its officers, directors, employees or agents in connection with services performed,
purportedly performed or required to be performed by the City of Niagara Falls/Niagara Fails & Area
SBEC under this Letter of Agreement.
7
Letter of Agreement LOASBEC2001 -
02niagarafalls
X. Term of the Letter of Agreement:
This Letter of Agreement supersedes any previous Letters of Agreement or contracts regarding the
delivery of the Small Business Enterprise Centre Program or the Business Self-Help Office Program.
This Letter of Agreement is in effect upon signature by all parties concerned, and can be amended at
any time by mutual consent or terminated by either party upon ninety (90) days written notice.
XI. Termination:
In the event that MEOI is of the opinion that there has been a breach by the City of Niagara Falls, of
any term or condition contained in this Letter of Agreement, MEOI shall give notice to the
Municipality of the particulars of the breach and the time period in which the Municipality must
remedy the breach (the "Remedy Period"). If the Municipality fails to remedy the breach as described
in the notice within the Remedy Period, MEOI, in addition to any other rights or remedies of MEOI
under this Letter of Agreement or at law or in equity, shall have the right to terminate this Letter of
Agreement immediately by giving notice of termination to the City of Niagara Falls to that effect at the
end of the Remedy Period, and such termination shall take effect immediately.
Upon termination, the City of Niagara Falls shall provide a report to MEOI reflecting the current state
of the operation of the Centre to the satisfaction of the MEOI.
Subject to Section VII "Reporting and Monitoring", all rights and obligations of the parties under
this Letter of Agreement shall cease upon termination of this Letter of Agreement.
This Letter of Agreement has been signed on behalf of the Corporation of the City of Niagara Falls and
on behalf of the Ministry of Enterprise, Opportunity and Innovation by the proper signing authorities.
XII. Signatures:
City of Niagara Falls (Title)
Date
City of Niagara Falls (Title)
Date
Ministry of Enterprise, Opportunity and Innovation
Date
Letter of Agreement LOASBEC2001- 8
02niagara falls
Schedule A Mandate and Program
Mandate:
· Assist new entrepreneurs in the evaluation and process of business start-up;
Provide stability and early-stage growth support to existing small business, typically -
· Less than 5 years in operation, and
· Under 10 employees;
· Improve the success rate/longevity of small business in Ontario as measured through monthly
reports/data which tracks economic impact and annual client surveys conducted by the
BSHO/SBECs.
Program:
Operates under the lead of the Ministry of Enterprise, Opportunity and Innovation with support
from the Ministry of Agriculture, Food. The Ministry of Northern Development and Mines is
responsible for delivery of the MEOI Program in Northern Ontario locations;
The name Small Business Enterprise Centre has been duly registered by the Province of Ontario;
Generally operates through a primary partnership at the Municipal level;
Additional public and private sector partnerships/sponsorships are encouraged to -
· Facilitate start-up and launch of new SBECs
· Supplement the resource base available for client services through cash, in-kind and
proj eot/program base contributions;
Individual locations may operate under a mutually agreed upon name but must be recognized as
part of the Provincial network of Small Business Enterprise Centres;
Provides Services to clients without limitations of geography; i.e. place of residence;
Provides Services to clients from a "self-help" perspective; i.e. does not perform/do tasks for
clients such as write business plans or do presentations to banks, investors, etc.
Does not offer Services in competition with the private sector; i.e. for profit
Is flexible to accommodate local client small business needs and services in the region in which it
operates;
Denotes "first-stop/one-stop" locations for entrepreneurship and small business information and
services relating to the municipal, provincial and federal levels of government as well as the
private/corporate sector;
Centres operate as "not-for-profit" and do not favour one program, sponsor, supplier, etc. above
another. Services are to be delivered without bias and client information is confidential - not to be
distributed or sold to third parties;
Operates with input and guidance through an Advisory Committee comprised of partners and
stakeholders;
Operate on an almually-renewable Letter of Agreement basis.
Letter of Agreement LOASBEC2001 -
02niagara falls
Schedule B Services
· Maintain a resource centre for new entrepreneurs and small business owners;
· Promote and distribute MEOI small business/youth entrepreneurship publications and materials on
a non-fee basis unless other~vise directed by MEOI;
· Process - on a non-fee basis - general inquiries (face-to-face and electronically) related to business
start-up, operations and management and programs/services available;
· Provide clients access to computer workstations and the internet for the purpose of business
planning and research;
· Offer one-on-one initial consultations to clients on a non-fee basis;
· Provide one-on-one consultations at an advanced/in-depth level to small business owners - such
consultations may be offered on a cost recovery/fee basis;
· Facilitate third party "professional consultations" on an as needed basis. Fees, if any, determined
by the SBEC/BSHO and local market conditions.
· Conduct and/or facilitate seminars and workshops for new and existing entrepreneurs on topics
related to business start-up, operations and management. Fees, if any, to be determined by the
SBEC/BSHO and local market conditions;
· Provide a mentoring and/or coaching service to small business owners. Fees, if any, determined by
the SBEC/BSHO and local market conditions;
· Promote and deliver all aspects of MEOI small business and youth entrepreneurship programs.
Fees, if any are to be established or approved by MEOI;
· Provide outreach services to the region served by the SBEC/BSHO on a market need basis;
· Develop, promote and provide networking opportunities for small business owners;
· Actively promote Ontario's "Salute to Small Business" and related small business opportunities.
Letter of Agreement LOASBEC2001- 10
02niagara falls
Schedule C Reporting and Record Keeping
Operate through a mutually agreed upon Business Plan submitted to MEOI;
· Business Plans are submitted prior to MEOI's fiscal year start - April 1;
· The Business Plan and its related targets, objectives and financial statements are based on MEOI's
fiscal year - April 1 through March 31;
· Maintain a database of client activity and Service delivery results that enables reports to be
submitted to MEOI in a format acceptable to MEOI record keeping systems;
· Provide MEOI with a letter from the municipal partner acknowledging the existence and
maintenance of a client database; and, providing MEOI with access to the database for program
audit purposes;
· Submit timely monthly reports to MEOI in a mutually agreed upon format appropriate to MEOI's
record keeping systems and program audit requirements;
· Conduct, on an annual (as a minimum) basis, client customer service/results surveys in a mutually
agreed upon format; and, provide MEOI with the results of such surveys.
Letter of Agreement
02niagarafalls
LOASBEC2001~
11
Schedule D Partnership Guiding Principles
Municipal partners in the Small Business Enterprise Centre program:
· Are encouraged to develop public and corporate/private sector partnerships and sponsorships to
increase the operating resource base of the SBEC and enhance Program/Service delivery to clients.
The following principles should help guide partnership/sponsorship development;
· Client confidentiality is of the utmost priority;
· Information contained in client database/records is not to be released or sold to third parties unless
the express written consent of the client is received and kept on file - typically, promotion and
marketing to SBEC clients is to be done through the SBEC, not directly by partners/sponsors;
· Partner "recognition" to be determined locally and may vary with level/type of contribution;
· Partners are generally considered as organizations that contribute funds/in-kind goods/services to
be utilized in the operation of the SBEC
· Sponsors generally contribute funds/in-kind goods/services to deliver a specific program or
service;
· Partners should be invited to participate on the SBEC Advisory Committee; sponsors may be
invited to participate at the discretion of the SBEC;
· A separate Memorandum of Understanding 0VIOU) or Letter of Agreement should be signed
between each partner and the Municipality/SBEC;
· Duration and exclusivity of MOUs or Letters of Agreement are the responsibility of the
Municipality/SBEC;
· The potential for Conflict of Interest with the SBEC mandate/Programs/Services or clients should
be carefully addressed before entering into any partnership/sponsorship agreement;
· In pursuit of partners and sponsors, the Municipality/SBEC should seek those
organizations/corporations exhibiting the desire to be "good corporate citizens" versus those with
high expectations of direct payback in sales generation;
· Partnerships and sponsorships should enhance the ability of the SBEC to deliver Services in line
with the Small Business Enterprise Centre mandate.
Letter of /igreement LOASBEC2001- 12
02niagarafalls
Schedule E Proposal and Start-up Costs
Attach Documents When Available
Letter of Agreement LOASBEC2001 - 13
02niagara falls
Schedule F Business Plan and Services Rendered Funding
Attach Documents When Available
Letter of Agreement LOASBEC2001- 14
02niagara falls
Community Services Department
The of Municipal Works
" ~'i~, 4310 Queen Street
Niagara Falls I1~1~ 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-math edujlovi@city.niagarafalls.on .ca
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2003-139
Victoria Avenue - Landscaping Clifton Hill to Bender Street
Contract 2003-125-03 Phase 2
RECOMMENDATION:
It is recommended that the trait prices submitted by the low tenderer, Stevensville Lawn Service Inc.,
be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders
on Tuesday, July 22, 2003 at 1:30 p.m. for the above noted contract.
Tender documents were provided by invitation to six (6) Contractors and three (3) bids were
received for the landscaping.
Listed below is a summary of the totaled tendered prices, excluding GST, received from the three
(3) Contractors, together with the corrected bids *.
$195,857.00
*$230,556.00 ($230,556.40)
$244,729.95
1. Stevensville Lawn Service Inc.
2. Touchstone Site Contractors
3. Peninsula Construction Inc.
MW-2003-139
Ed Dujlovic
Director
(Stevensville)
(St. Catharines)
(Fonthill)
The lowest tender was received from Stevensville Lawn Service Inc. in the amount of $195,857.00.
This Contractor has previously performed similar type projects for the City. We are therefore, of the
opinion, that this Contractor is capable of successfully undertaking this project.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August l 1, 2003 - 2 - MW-2003-139
Financing:
The Engineer's estimate for this contract was $200,000.00.
Project Costs:
Awarded Contract $195,857.00
Net GST(3%) $ 5,875.71
TOTAL $201,732.71
Funding:
Ontario Lottery and Gaming Corporation
$200,000.00
The award of this contract is subject to the approval and funding by the Ontario Lottery and Gaming
Corporation.
This project is scheduled to be completed by August 29, 2003.
After the removal of the retaining wall on Victoria Avenue, the Ontario Lottery and Gaming
Corporation requested that the City proceed with the landscaping of the former railway lands
between Clifton Hill and Bender Street. The construction includes a bus bay, paving stone walkway,
installation of landscape boulders, trees, shrubs, planting beds and benches. The Ontario Lottery and
Gaming Corporation approved $200,000 for the construction. The cost of the bus bay construction
is $29,000. In the tender, provisional prices were received for an irrigation system and the
installation of an electrical duct for future decorative lighting. These costs totaled $25,850.00 and
therefore, to meet the $200,000 approved by OLGC, these items will not be installed.
Negotiations are in progress with the Victoria Avenue BIA for the cost to construct the electrical
duct, to provide for lighting of the area in conjunction with the Winter Festival of Lights.
Council's concurrence with the recommendation made would be appreciated.
Prepared by:
Bob Darrall
Project Manager
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Director of Municipal Works
S 5REPORTSL2003 Reports\MW-2003 - 139 - Victoria Avenue - Landscaping.wpd
Community Services Department
A ,-,=~.. A~ ~& ,~ Municipal Works
,..,,y u., 431o Queen Street
Niagara -alls IIBP.O. 1023
Conodo ~~Niagara Falls, ON L2E 6X5
~~ web site: ~.city,niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-2354
E-mail: edujlovi~city.niagarafalls.on.ca
MW-2003-144
Ed Dujlovic
Director
August 4, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
MW-2003-144
Consulting Services for the Stanley Avenue
Trunk Storm Sewer Extension
RECOMMENDATION:
In accordance with the City's Consultant Selection Policy, it is recommended that the City of
Niagara Falls enter into a Consulting Services Agreement with Totten Sims Hubicki Associates for
the design of the trunk storm sewer on Stanley Avenue, from Kitchener Street to approximately
Main Street, for the upset limit of $51,735.00, excluding GST.
BACKGROUND:
The City of Niagara Falls is planning to continue with the extension of the trunk storm sewer on
Stanley Avenue, from Kitchener Street to approximately Main Street. This work will provide the
City with the necessmy storm sewer outlet for an area that has basement flooding and will allow
development to continue. The storm sewer from Kitchener Street to Feny Street will be tendered by
the City this Winter. The section from Ferry Street to approximately Main Street will be incorporated
with the plan works by the Region in 2004. This storm sewer installation has also been approved
under the Superbuild Program for funding.
As per the City's Consultant Selection Policy, direct appointment for Consultants up to $60,000.00,
Totten Sims Hubicki Associates has been selected to complete this work. Totten Sims Hubicki
Associates has carried out similar work for other Municipalities and has completed work for the City
of Niagara Falls in the past. Staff is therefore recommending that they be retained for this work.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
August 4, 2003 - 2 -
Council's concurrence with the above reconunendations would be appreciated.
MW-2003-144
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
Respectfully submitted:
q~ John MacDonald
Chief Administrative Officer
Approw by:
/l~d Duj owc, P.Eng.
Director of Municipal Works
S:~REPORTS~003 Reports~vlW-2003-144 Consuttanting Services for Stanley Ave. Trunk Storm Sewer Ext.wpd
Community Services Department
Th- '"i" ' of ~&, Parka, Recreation & Culture
_e ~.. ly ~I'~W , 4310 Queen Street
Niagara Fallslll~?.o. Box 1023
Col3cIdcl ~~Niagara Falls, ON L2E 6X5
~m~ web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-maih akon@city.niagarafalls.on.ca
R-2003-52
Adele Kon
Director
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
August 11, 2003
Members:
Re:
R-2003-52 - The Russell Masterson Amateur Athletic Club
and The Corporation of the City of Niagara Falls Agreement
- Jr. "B" Hockey
RECOMMENDATIONS:
That the agreement between The Russell Masterson Amateur Athletic Club and the City be
approved.
BACKGROUND:
The Russell Masterson Amateur Athletic Association has requested the Agreement be renewed.
Staff met with members of the Association to discuss the Agreement and recommends that the
agreement continue for a two-year period. The only sigrfificant change is that the Jr. B Hockey Team
will no longer be required to reimburse the City $1,625.00 for lost revenue from the sale of
advertising. This is in keeping with our Policy: Advertising in City Recreation Facilities, adopted
by Cotmcil on April 28, 2003.
Recommended by:
~L Adele Ken
Director of Parks, Recreation & Culture
Respectfully submitted:
John MacDonald
Chief Administrative Officer
AK/BL/das
S:\Council\Counci12003\R-2003-52 - Jr. B Hockey Agreement.wpd
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
Corporate Services Department
CD-2003 - 16
Th,= ("iix/~f ~'~., Clerk's Division
.... ~ '~' BB~ 4310 Queen Street
Niogoro
P O Box 1023
CQnodQ ~',~' Nia[~ara Falls, ON L2E 6X5
~TI~' web site: www.city.niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: diorfida@city.niagarafalls.on.ca
Dean Iorfida
City Clerk
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: CD-2003-16 - Special Occasion Permit
RECOMMENDATION:
That Council indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
BACKGROUND:
Correspondence has been submitted by the following organization and has been reviewed and
approved by the Parks, Recreation & Culture; Building & By-law Services; and Fire Services.
Council's concurrence with the recommendation is requested.
Niagara Falls Falcons Baseball Tournament August 29, 2003 Oakes Park
II Senior Mens Baseball Club I I & Sept. 1, 2003 I
Recommended by:
Dean Iorfid~l - l
City Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Approved by:
Tony Ravenda
Executive Director of Corporate Services
DI:Iw
Working Together to Serve Our Community
Clerks Finance Human Resources · Information Systems · Legal Planning & Development
Corporate Services Department
L-2003-51
The Cily of
Niagara Falls
Canada
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
R. O, Kallio
City Solicitor
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city, niagarafalls.on.ca
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re.'
L-2003-51
Establishment of Public Highway
Part 5 on 59R-12103
As Part of Garner Road
Our File No.: 2003-219
RECOMMENDATION:
That a road widening, being Part 5 on Reference Plan 59R-12103 attached as Schedule "A", be
established as a public highway, to be known as Garner Road.
BACKGROUND:
As a condition of Land Division Committee approval, Juosas Naujokas and Gerda Naujokas
conveyed a road widening to the City. The subject lands are located on the east side of Garner Road
and shown hatched on the plan attached. Staff is now recommending that the subject lands be
dedicated as a public highway to form part of Garner Road.
Prepared by:
Mary Morrone
i: jby:
Cit7 Solicitor
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Working Together to Serve Our CommuniO~
Clerks Finance Human Resoumes · Information Systems Legal Planning & Development
PART 1
II
PART2
PART1
UJ
LIJ
80.0'
PART 1
5gR-
Corporate Services Department
L-2003-52
The City of ~1~ Legal Services
'" r' F II ,m~ ,, _ 4310 Queen Street
1',ll(3go (30 SlJ~ll~,,.p.o' Box 1023
CcInc~doJ~ Niagara Falls, ON L2E 6X5
~-F web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
R. O. Kallio
City Solicitor
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003~52
Establishment of Public itighway
Part 6 on 59R-12103
As Part of Garner Road
Our File No.: 2003-218
RECOMMENDATION:
That a road widening, being Part 6 on Reference Plan 59R-12103 attached as Schedule "A", be
established as a public highway, to be known as Garner Road.
BACKGROUND:
As a condition of Land Division Committee approval, Joseph Marlo Futino and Philomena Futino
conveyed a road widening to the City. The subject lands are located on the east side of Garner Road
and shown hatched on the plan attached. Staffis now recommending that the subject lands be
dedicated as a public highway to form part of Garner Road.
Prepared by:
Law~ ~/
City Solicitor
Tony Ravenda
Executive Director of Corporate Services
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Working Together to Serve Our Community
Clerks Finance · Human Resources · Information Systems Legal · Planning & Development
tP. LN. 64864-0595(LT)
AQUIRED BY LT-256216 &
DED CArD AS PUBLIC HIGHWAY
BY BY-LAW No. 2005-42, REG'D.
AS iNST. NO. LT-258064
PART
(COMMONLY KNOH~I AS,)
P*LN. 64264'-003~
{ROAD ALLOWANCE BETWEEN TOV4VSHIP LOTS)
GARNER ROAD
182,14'
767.1'
99.95'
282.09'
SCHEDULE "A"
The City of
Niagara FallsI
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
L-2003-53
R. O. Kallio
City Solicitor
Tel.:
Fax:
E-mail:
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
August 11, 2003
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2003-53
Establishment of Public Highway
Part 1 on 59R-12032 as Part of St. Mary's Street
Our File No.: 2001-201
RECOMMENDATION:
That a road widening, being Part I on Reference Plan 59R-12032 attached as Schedule "A", be
established as a public highway, to be known as St. Mary's Street.
BACKGROUND:
In March 2003, Council approved the sale of Part 1 on Reference Plan 59R~ 12032 to 820872 Ontario
Limited. The sale was completed on July 11, 2003. As part of the sale the City will be required to
dedicate Part 1 on Reference Plan 59R-12032 as part of St. Mary's Street. The subject lands are
located to the west of St. Mary's Street and shown hatched on the plan attached. Staff is now
recommending that the subject lands be dedicated as a public highway to form part of St. Mary's
Street.
Prepared by:
Mary Morrone
Law Clerk /
e( o e by:
Cit~' Solicitor
Approved by:
Tony Ravenda
Executive Director of Corporate Services
Respectfully submitted:
Jc°~; fM;dCmDi°n ~;~,da t i v e Officer
Working Together to Serve Our Community
Clerks · Finance · Human Resources Information Systems · Legal Planning & Development
PART
PLAN 59R--6090'
PLAN 59RI- 2352
PIN 64278~0024(LT)
INST. NO, 66543A
37.56'
PLAN
iPART 2
PART 6
PLAN 59R--6090
PIN 64278-0025
E-~
St. Mary's~ Street
PIN 64278-0022
INST. NO, 45S706
OnAt a rlLJ~oN i~ndH[s rv~rveD~e
NOTES
DATE
A$S'T DEPUTY LAND REGISTRAR
OF NIAGARA SOU~H
IMPERIAL NOTE
BEARING NOTE
LEGgND
PART OF STAMFORD
TOWNSHIP LOT 73
City of Niagara Falls
REGIONAL MUNICIPALITY OF NIAGARA
SURVEYOR'S CERTIFICAT[
1, THIS SURVEy AND PLAN ARE CORRECT AND IN ACCOf~DANCE
.Z. ~lE ~R~y WAS CDk4PL~T[O ON Mar h 24 2005
!
//
SCHEDULE "..A ',
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
August 11, 2002
Seconded by Alderman
BE IT RESOLVED that the Council of the Corporation of the City of Niagara
Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and
Craft Show being held on September 12, 13 and 14, 2003 and designates the event as a
"Community Festival" in Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No. August 11, 2003
Moved by Alderman
Seconded by Alderman
RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests
The Regional Municipality of Niagara to issue debentures in accordance with the terms a.nd
amounts set out below, and further, that the City confirms that it has entered into a contract for
or authorized the commencement of all works herein listed:
Capital
Account No.
C-002-8119
C-002-8122
C-008-8289
C-008-8222
C-037-8579
C-010-8175
C-038-8906
Capital Project
Descrintion
Radio System
S.C.B.A. Equipment Replacement
Drummond Road Hydro Bridge
Deck Replacement
Stanley Avenue Underground
Main Street to McLeod Road
Chippawa Outdoor Pool
Transit Coaches 2003
New Southwest Branch Materials
AND the Seal of the Corporation be hereto affixed.
Financing Refwement
Reauest Term
$ 435,000.00 10years
496,000.00 10 years
866,000.00 10 years
1,000,000.00 10 years
152,000.00 10 years
535,000.00 10 years
245,000.00 10 years
$ 3,729,000.00
DEAN IORFIDA WAYNE THOMSON
CITY CLERK MAYOR