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2003/10/06Monday, October 6, 2003 Order of Business and Agenda Package PLANNING MEETING October 6, 2003 1. PRAYER: Alderman Carolynn loannoni 2. 0 Canada: Maranda Schmidt and Erin Warman, Grade 12 Westlane Secondary School students, 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. PRESENTATIONS Davis Cup (Tennis) Championship A presentation will be made to Frank Dancevic, in recognition of winning the Davis Cup in Calgary on September 21, 2003. The Order of Niagara A presentation will be made to Jack Hall in recognition of receiving the Order of Niagara and for his dedication to St. John's Anglican Church and the Residents of Niagara Falls. DEPUTATIONS Early Years Ontario Program Donna Dalgleish, Coordinator, Ontario Early Years Center, Niagara Falls wishes to address Council regarding the recent findings of the Early Years Center program evaluation. - 2 - Niagara Health System - Hospital Sites Dr. C.M. Offierski and Dr. C. Bhagirath wish to address Council on the issue of the Niagara Health System (N.H.S.) viewing other possible hospital sites. ITEM NO. 40 ITEM NO. 41 ITEM NO. 39 PLANNING MATTERS Public Meeting Zoning By -law Amendment Application AM- 14/2003, 5950 Victoria Avenue Applicant: Niagara 21" Group Inc. Agent: Italia Gilbert, Solicitor Proposed 10- Storey Hotel Background Material: Recommendation Report: PD- 2003 -86 Public Meeting Zoning By -law Amendment Application AM- 32/2003, 4294 Ellis Street Applicant: Paul Stay Agent: Chris Christelli Legalization of Existing Triplex Background Material: Recommendation Report: PD- 2003 -85 -AND - Correspondence from Regional Niagara, Planning And Development Department Public Meeting Zoning By -law Amendment Application AM- 29/2003, East Side Kalar Road North of Costabile Drive Applicant: Wilfred & Irene Jones Proposed Single /Semi- Detached Vacant Land Condominium Background Material: Recommendation Report: PD- 2003 -89 ITEM NO. 40 ITEM NO. 41 3 Public Meeting Zoning By -law Amendment Application AM- 31/2003, 8621 Earl Thomas Avenue Owner: Collins Concessions Ltd. Proposed Used Car Lot Background Material: Recommendation Report: PD- 2003 -83 -AND - Correspondence from Regional Niagara, Planning & Development Department Correspondence from Dr. Ben Pamboukian Correspondence from Martin Shepard Fraser Public Meeting Official Plan & Zoning By -law Amendment Application AM- 30/2003, 9441 Lundy's Lane Applicant: Will Helmut Praxel Agent: Allard Colyn Proposed Bed & Breakfast Background Material: Recommendation Report: PD- 2003 -84 -AND - Correspondence from J. Brugman Correspondence from Regional Niagara, Planning & Development Department MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2003 -87, Request for Extension to Draft Plan Approval; Parkway Acres; Owners: Radojcic /Radulovich 2. Chief Administrative Officer P.D.- 2003 -88, Request for Extension to Draft Plan Approval; Ascot Woods Extension 6; Owner: Ascot Woods Limited. - 4 - REGULAR COUNCIL ADOPTION OF MINUTES: Planning /Regular Minutes of September 8, 2003; and Regular Minutes of September 22, 2003. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Family & Children's Services, Niagara - Re: Proclamation - requesting that Council proclaim the month of October, 2003 as "Child Abuse Prevention Month ". RECOMMENDATION: That the request be supported. 2. Inter - Office Memorandum - Re: Proclamation - requesting that Council proclaim the week of October 5th to October 11t, 2003 as " Fire Prevention Week" and October 11'h 2003 as "Fire Services Recognition Day ". RECOMMENDATION: That the requests be supported. 3. Minister of Citizenship and Immigration - Re: Proclamation - requesting that Council proclaim the week of October 13 - 19, 2003 as "Canada's Citizenship Week ". RECOMMENDATION: That the request be supported. 4. Susan Stead - Canadians Addressing Sexual Exploitation - Re: Proclamation - requesting that Council proclaim the week of October 19 - 26, 2003 as "White Ribbon Against Pornography Week ". RECOMMENDATION: That the request be supported. 5. Niagara Falls Public Library - Re: Proclamation - requesting that Council proclaim the week of October 20 - 26, 2003 as "Public Library Week ". RECOMMENDATION: That the request be supported. 6. Niagara Falls Public Secondary Schools - Re: Proclamation - requesting that Council proclaim the week of November 3 - 7, 2003 as "Student Career Awareness Week ". RECOMMENDATION: That the request be supported. - 5 - 7. (HANDOUT) Regional Niagara, Community Services Dept. - Re: Proclamation - requesting that Council proclaim the week of October 12th - October 19`h, 2003 as "Adult Services Week ". RECOMMENDATION: That the request be supported. 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) PARKS. RECREATION AND CULTURE MATTERS 1. Chief Administrative Officer MISCELLANEOUS MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer R- 2003 -62, Construction Tender for Niagara Falls Community Center. L- 2003 -66, Privacy Protocol for Personal Information Records ( "PIR ") L- 2003 -70, Lands to be declared surplus; Part of Falls Industrial Park. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. MW- 2003 -181, Tender #14 -2003; New Equipment Purchases; 2. F- 2003 -44, Final Tax Notice Due Dates for Accounts with Commercial, Industrial, and Multi- Residential Assessments; 6 3. F- 2003 -45, Municipal Accounts; 4. FS- 2003 -17, Live Fire, Flashover Training Unit Purchase; 5. R- 2003 -64, Request for Encroachment Agreement, Haulage Road; 6. L- 2003 -65, Authorization for Execution and Registration of Electronic Registration by City Staff; 7. L- 2003 -67, Consent to Assignment; 8. L- 2003 -68, Establishment of Public Highway; Part 1 on 59R- 12185, as Part of Portage Road; 9. L- 200349, Establishment of Public Highway; Blocks 44,45 and 46 on Plan 59M -314; as Part of Weinbrenner Road. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS RESOLUTIONS 1. That Niagara Falls City Council fully supports the application for a stadium endorsement for the Avalon Ballroom; and that this resolution be forwarded to the applicant and the Alcohol & Gaming Commission of Ontario (AGCO). BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2003 -175 To establish Blocks 44, 45 and 46 on Plan 59M -314 as a public highway, to be known as and to form part of Weinbrenner Road. 2003 -176 To establish Part 1 on Reference Plan 59R -12185 as a public highway, to be known as and to form part of Portage Road. 2003 -177 To establish Part 1 on Reference Plan 59R -7271 as a public highway, to be known as and to form part of Fallsview Boulevard. - 7 - 2003 -178 To govern the execution of documents on behalf of The Corporation of the City of Niagara Falls by way of electronic registration. 2003 -179 To amend By -law No. 2003 -108, as amended, being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2003. 2003 -180 To amend By -law No. 79 -200, to restrict the use of the land on both sides of Roberts Street, east of Stanley Avenue, to passive landscaped open space, save and except for existing lawful uses. (Re: AM -07 -2003) 2003 -181 (HANDOUT) To amend By -law 79 -200 and By -law 99 -104, to permit the construction of a 10- storey hotel (Re: AM- 14/2003, Niagara 21" Group). 2003 -182 To authorize monies for General Purposes (October 6, 2003) 2003 -183 To adopt, ratify and confirm the actions of City Council at its meeting held on the 6th day of October, 2003. NEW BUSINESS Review, Niagara Falls, Ontario MONDAY, September 22, 2003 - Bl Soccer women look ahead / B2 RACETRACK;, i r 31ID. luncrmecini NFL roundup /133 Scoreboard / B4 Sports &C1sffied *140H-TUE -WED SPECIALS Large Pizza 2 items '9.95 'Si fro /tilt as 6 ,nil EAT �� 5y2�) -p TAKE OUT )ancevic heroics advance Canada Stunning Davis Cup win over Flavio Saretta gives team a berth in 2004 Word Group CtALGARY (CP) - Frank Connell of Vancouver said Nestor at Dancevic of Niagara Falls was the 75 per cent wouldn't have been as unexpected hero Sunday lifting good as Dancevic at 100 per cent. Canada to a Davis Cup victory over Cornell called it a proud moment Brazil and aberth in the2004 World for Canadian tennis. Group. "We've got a few heroes on this "These matches come once in a team. I mean this is team underlined. lifetime and for me to be Oval out This is the greatest group of guys here is a great thrill and to pull a dime we broke in last tun ;" said match out like this - I can't explain Connel, who wasn't worried about it,' Dancevic said. how Dancevic would handle the Dancevic was a surprise, last- pressure. minute replacement for veteran "Frank is very un-C'• ,. Nan for a Daniel Nestor of Toronto in the fifth tennis player. Ever since he was a kid and deciding match against Flavin he wanted to be a professional tennis Serena. Nestor, who had won his player and he trained for this his singles. match Friday and in doubles whole life," Connell said. along with Frederic Niemeyer "St's not unlike what the French do Saturday, was too tired and sore to with then playerb the Spaniards and compete. - so Faakjust dida great JOb. "' Dancevic appeared to feed off the Brazilian .,ace Gustavo . Kuerten energy from the defeated. Simon several. standing l just went out there and Larose af Cap - ovations of a de- la- Madelain; a cam n� - played my game. s just Que., • 7.6 (4), 7-d waving cmwd,..of ripped and - (4)3.4 76 (lo) 2,957, wimmg to force the dra- Q3r7S, 3fi, 7fi things went my way out made finish. (7) and moved Knerten lost a Canada to the there , definitely." Kuerten Dancevft mamth singles World d Group for F match m against the first time Nester Friday rime 1992. .evening and "I wasn't ing the a if I was going and Fredeic Andre Sa lo in oubles to play starting sor the d the and Daniel and Frederic Niemeyer ed is doubles was a link sore g a decision put me in ten/ Saturday. But he rose. near flawless and I was playing a dec, wh turns tennis against Larose. out here," said Dancevic, who arms "Maybe by the t motivated omst and I 19 Friday; was a little bit exalt inwith any a gam went out there and ylhing. bock to with my but at th. end the my n Same. I just my ripped everything tathere, payback is a ent at the and the and things amt'my way out there, payback it's even better," said definitely." The No. er in the a former No. 1 ranked play- The 205, 2 player c ca county two er "Etee world. No. ht5 Dancevic captured two "as ail to step been successful w well =rime and cr cracked p -20 4hr t was able at ons and and play well as timmu and sin his tyo top- 20ree, good n in and today ." was re`a fiat N . in his young career, good playing s in was anal last minute Heap ea: appeared cool Larose, who ins a last mimre currently lie appeared cool and _ collected the No. for Niemeyer, n currently throughout the match. the No. I singles player in the corrn- ' nay knew I had a lot behind my back try No. 202 in the ATP entry rank- - na country and everything, but I nags. He's coming off the best sum- median teammates Daniel Nestor (right) and Simon Larose hoist Frank Dance* on their shoulders after his vIC- knew 1 was going to go out there and men of his career, during which he ry over Brazil's Flavlo Saretta during Davis Cup action In Calgary, Sunday. The win advances Cdhadato the World wan today and I'm glad I did," he reached the third round the Tennis op for the flit[ time 51008 1992 said. Masters Canada, knocking oft lhotb( Addeo Wyld / CP Team Canada captain Grant Kuerten in the fast round. The Review, Niagara palls, Outride 'HON -TUE -WED SPECIALS Large Pizza Z items '9.95 WEDNESDAY, September 17, 200 -B1 Jays ris / B2 Leafs In Sweden / 8.3 Seonboard / B4 Sports Canadians ready for Davis` Cup rematch -`-CALGARY (CP) — Home court the Coral Friday through Sunday.. stay composed and just go out there may not be an advantage for Canada was defeated by Brazil in and play your game, try and get the Canada over Brazil in its Davis Cup World Group qualifying last year in crowd into it and feed off the ener- World Group tennis qualifier but it Brazil. gy," Nestor said. should at least be an equalizer. The winner of the best-of-five The :worst thing you can -The altitude definitely speeds up setts will advance to the ptestk do is start thinking this is the play and when we went down to gious World Group for 2004. out only. chance. We just Brazil it was humid and wet and "For its we've been Plugging away have to make the most of it drizzly on slow clay," Grant on Davis. Cup for eight or nine years and enjoy it. Connell, Canada's non - playing cap- now without an opportunity to , - Larose is currently the rain, said Tuesday: "It's just the make it to the World Group and .No.1 singles player in the exact opposite of' playing down this is the best chance we've had - country at No 202 .in the where they beat us so badly . since 19927 said Nestor, currently ATP, entry rankings. He's ' On paper they are, a much the No 5 doubles 'player in the coming off - the -best sum - ptronger team. But in reality I think world and a member of the Davis met' of his career, during, the court and everything has made Cup it an equalizer and our guys here, A Iles semifinalist at the IJS. round o Temtis his early career. He is they're not feeling that much pres- ;Open, Nestor has captured five dou- Masters CanM, knocking off for - currently ranked No: 205 in the go Sunday, if needed, pure," he added. bles titles so far this year - . mer World No 1. Gustavo Kuerten world, putting him second in the The tie is a best -of -five format, Daniel Nestor of Toronto, Simon He bolds a 14-14 singles record of the fast round. Kuerten, country behind Larose. Larose of . Cap- de -la- Madeleine,. and a 13- doubles record in Davis who is ranked No. 14 in the world, In July, the teenager captured two Que., Frank Dancevic of Niagata Gip play is hi Calgary with the Brazilian straight $50;000 Challenger titles, palls and Frederic Niemeyer of : "YoujP-.y- can't be thinking about team this week. Het be joined by including the Granby Challenger in Deauville, :Que., will face Brazil at the outcbrne and you just have to Flavio Saretta, Andre Sa and Quebec. At 'the beginning of Ricardo Mello. August, Dancevic, who celebrates "Seriously, it's going to have to be his 19th birthday a few days after our best tennis by.whoever plays on the Brazilian tie, cracked the top - our team. It's going to have to be 200 for the first tirue, reaching some of our best tennis No.196 on the international charts to beat him, ". said and making him the top player in Larose. "He's one of the Canada. best in the world. It does- Last year marked his first season n't matter the surface or on Canada's Davis Cup team, and whatever. It does give us so far he holds a 2 -3 singles record a little bit of an edge if in three Davis Cup tournaments in we're playing our best which he has competed im tennis. - The official draw for thetonrna- Dancevie, 18, comes ment will be held Thursday after- into the Davis Cup event noon. Two singles matches will be DANCEVIC playing the best tennis of held Friday, doubles will be Saturday and two more singles will though the final one or two games are often held even if the winger has already been decided Both The Score and RDS will be televising the matches. · [] NHS v,e ng other -nospmTa. . ,, s ,Tes. By -T 'vOW s osprey News Network ST. CATHARINES. Nia~a h~ o~'~ 1~ onUzde St.' ~ for sit~ ~t co~d house a, ~.h0spital COmpl~ shoed Hot~ ~d ~ ~e ~,s c~e ~ d~ed ~ addition to Hotd Di~ on ~o S~ - id~ed pref~ed 10~on -p!~e~ ~e ~ou~ 12 ~o~d ~t~ ~ St. ~ ~d ~0rold ~t ~d ~ ~ ~t~t~. "We're loo~g at ~e ~ of ~ site to acco~o~te ~ &e pm~, ~du~ ~e ~o ho~i- ~ ~d ~e ~ c~ ~d p~- ~g," ~d Don ~y, b~d ~d-~ pl~nning ~c~t~t ~d by ~e ~g~a He~ S~t~ ~d Hotd Di~ to condU~ ~e f~i- b~w study. ~ ~d-Au~t, ~ay ~d p~p~es ~d~ s~dy we~ lo~ted ~ ~e ~ *~ of St. ~&~. ~But o~ We~y s~d "a f~" of ~e!oo~o~ and. CEO Debbic. Sevenpifer. "Zf ifs coml~Aling enough, the decision Should be pretty clear cut," she said. . ' The NtiS ~ and Hotel Dieu announced in April an ~mhitious proposal ~0. buildl a new St. Catharines General Hospital and a new Hotel Dieu across from each other on Ontario Street in five years. The existing Hotel Dieu would be demolished to make way for the new Gene~l and a ~egi0nal cancer centre to take its place The plan calls for a new Hotel Dieu to be built on what is now the Catholic hospital's park- ~g lot at the southea~ come~ of ntari0 S~reet and Welland AvenBe; · At the time the proposal was um, eiled, health officials said the Hotel Dieu prope~cy was an atUac- tive location for redevelopment because it's hrge enough and appro-~ priately zoned to accommodate both hospital buildings and the cancer cen~e, while offering easy access to Highway 406 and the QEW. The NHS own~ suffielent'land at within Thon~!d's urban boundary, the General property on Queenston May 'wou!ch/t X~I ~ay of':the S~ to ~ ..t~o completely Uew lOCa~i,O~: i:: ~:,~:;i :~;", ~ ~!':: .:. ~i .f~c~ti.~ ~.:b~. ~t: Couldn'.~: empty, the .He :~d ;sites' ~; c~ilstde~ti~n ht~pt'.t~tj:: ~lly ?it 0~:~. pW 'Co~on leastf~r,h~e~J(lO ~s) ~ to go ~head, acc~r4ing to officials. ~ize, illcl~3ding a mix of Vacant and ,~,~.~.L.~,Eifer said the Ontario We'did ~ W~ w0tild ~_y within l:[0iel: Dieu to il~u Cousider proper- the urban bb~dariex~, ],V¢.re not in ties not currently oWned by either ,the rural area," he said. hospital Corp0mtion in its feasibility One of the properties will be selected from the list of 12 in two to four weel~ as an alternate location to compare against mounting the con- struction project on Ontario Street, said May. Officials will assess a variety of factors - such as cost, timing, access and traffic considerations - when comparing Hotel Dieu against the study. "It's actually one of their require- ments that you look at all possibili- ties, both brownfield and greenfield," she said. "They want to make sure you look at all range of possibilities." A public open house will be sched- uled to release details on the feasibil- it~ study comparing the Hotel Dieu alternate site to determine which will property and the alternate location best accommodate the large-scale when the study is complete, said develooment, said NHS ure~ddcl~[~ ........ ~ ...... BackUp hospital Ioc ations Studied Thorold~properties among sites investigated for hospital complex in case HotelDieU land is unsuitable Niagara hezlth offidal~ are looking out~kle $~ Cathar'~ for sites that could, house.a twin*hos, pi dt~lee~P~x' should Hotel Dieu land m the aty~s centre ce oeemea __ suitable, · ~* .hi addifloR t0 Hot~ Dieu property on Olltalto SliCer -- idled as~he l)/efgrred lo~alion -- plan/l~-s are SCOugng 12/mdisclosed siteg in. St. Catharlnes/md Tho~old that '~o're looking at the ability of each site to accomrd0- da~e all the progtmlas, including the two hospit..als ,~nd~._th_e ~lncer cent~ and barldng,' said Don May~ a ~urun~on- Health System an~l Hotel Dieu to conduct the reas~ ty study, , · In raid-Atlgust~May said all the properties under study were located witllin the urban boundaries o£ $.t. Ca~ .,fl~,.?' BU~ On Wedne.~y, he said ~a few" of the locailor~s ~ l~lm- in T~orold's ufl~tn boundary. May wouldn't reveal any of thelocations.. He ~s~d dtes under co~ideralion are at le~ four hectare~ ~i size, indudi~ a m~x o£ vacant, and ~dus .ui~ · rural 'he sald- ' One of th pertie~ will be selected from the list of 2 Street, said May. 2G/09/03 08:27 NIAGARA NEWSFA× e 905 3?4 355? NIAGARA FALL$ REVIEW SEPTEMBER 26, 2003 PAGE A4 'vVhy not a superhosp]tal.. Tf Niagara health officials have the sense to look .',rags in St. Cath~rilles could b~ .b.e~ter directed outside St. Catharines. for the location of a new t6ward a new, centrally located facility.. ~.twin hospital complex, why not resurrect the idea . The new buildings afL'to house a cancer treatment of a single supcr facility in central Niagara7 Although the Hotel Dieu site i~ St. Cath~riiles has been deemed the preferred site for a new twinned hospital, 12 other locations in St. Catharincs and Thorold are also being donsidered. This search for :a possible alternate 'site should open the door to reconsider the $1n~e Superhospital idea that has been put forward previously. 'As has been said here bcfor~ the idea was floated several years ago by $ohn Carter, the now-retired CEO of Greater Niagara General Hospital. It was a forward-thlnt~i~g idea then, and it is now. Even argximents that were nmde in dismissing the idea.indicated that it is .somethin4I th~,t should be :considered decades from nov~. V~ny wait? Surely money, that would have been spent redevel- oping the properties that house the two aging build- centre for Niagarans. IL~akes sense to ensure these facilities are centrally' locate, d to make it easier' for everyone tb use. The Niagara Health System and Ministry of Health are face.d, with a great oppornmity to se~'- ously study the zdea of a centrally looted superhos- pital that would serve the needs of all'Niagarans. . .Both should.seize the moment and opportunity to take health care in.Niagara to the next level In addi- tion to ii~ other benefits, a so-cailed supediospital Would make it easier to attract new doctors and spe- cial{sts who appreciate the ~upport a. lt~ri~., hospital would Often . It appeazs.'the go .vernment i~ willlnE ~o spend money on new hospital facilities in Niap, ara. If the superhospital'idea is not feasible, Hiagarans have every rigltt to know why. Hospital site NHS should be beyond the boundaries of St. Catharines we can't understand why health-care officials are scouting 14 properties in St. Catharines to house two new hospitals in the event Hotel Dieu Health Sciences Hospital land is deemed unsuitable. We think they should broaden their scope beyond the cities limits. It is, after all, the Niagara Health System (NHS), not the St. Cathariues Health System. A feasible study expected late next month will determine whether Hotel Dieu's property on opposite sides of Ontario Street can accommodate the proposed twin-hospital complex. In the meantime, officlais are taking stock of other parcels of land within the cities urban boundary that could serve as potent'mi locations. We have a suggestion. Why not take a good, long look at building a huge, new facility at the comers of Highways 406 and 20. The location is central enough to be a perfect fit for the vast majority of Niagara. A little background may be in order here. The NHS and Hotel Dieu announced in April an ambition proposal to build a new St. Cat~'mes General Hospital and a new Hotel Dieu across fi:om each other on Ontario Street in five years. The existing Hotel Dieu would be demolished to make way for a new General and a regional cancer centre to take its place. The plan calls for a new Hotel Dieu to be constructed in what is now the Catholic hospital's parking lot at the southeast comer of Ontario Street and Welland Avenue. Hotel Dieu's land remains the preferred site for construction, but other alternatives haven't been ruled out, said Hotel Dieu CEO Rita Soluk. This is where thinking outside the box comes into play. We feel it's time for the NHS act like a regional health system in its site-selection process. Ron May, a Burlington-based land-use planning consultant hired be the Niagara Health System and Hotel Dieu to conduct the feasibility study, says: "We're not looking at any property outside the urban boundary. We do not believe we should be looking at land outside the urban boundary of St. Cathariues." Sorry, Mr. May but we do. We feel to do anything less is to potentially shortchange the citizens of Niagara. We also feel it directly contradicts the mandate of the NHS to be a regional body. By the way, if purchasing property is a problem, the City of Welland owns an industrial park a bit further south at Highway 406 and Woodlawn Road. It would be just as accessible as 406 and 20 and probably cheaper. Corporate Services Department T ..... Planning & Development ne ct /Jl, 4310 Queen Street Niagara Falls~J~l~~ P.O. Box 1023 Canada ~'~ Niagara Falls, ON L2E 6X5 ~T~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca PD-2003-86 Doug Darbys0n Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' PD-2003-86, Zoning By-law Amendment Application AM-14/2003, 5950 Victoria Avenue Applicant: Niagara 21st Group Inc. Agent: Italia Gilberti, Solicitor Proposed 10-Storey Hotel RECOMMENDATION: It is recommended that Council approve the requested Zoning By-law amendment application to include a proposed 10-storey hotel and ancillary parking garage as a permitted use at 5950 Victoria Avenue. BACKGROUND: On September 8, 2003 and June 16, 2003, Council deferred its consideration of the above application that would rezone the property for a second 10-storey hotel at 5950 Victoria Avenue as shown on Schedule 1. The site is currently occupied by the Marriott Courtyard hotel. The deferral was due to the fact that the Grand Boulevard Functional Design Study had not been adopted by Council and that the hotel proposal and design did not comply with the Official Plan. Over the past four weeks the applicant has revised his design to address these compliance issues. Refer to Schedule 2 for further details. The land is currently zoned Tourist Commercial (TC-478) by Zoning By-law No. 79-200. Special provision 478 permits the development of one 1 O-storey hotel (the Marriott Courtyard) and requires the owner to provide all of the required parking for the abutting land to the north (TGI Friday plaza). Site specific provisions are requested to permit a second 10-storey hotel and an associated underground parking structure. Planning Review & Analysis 1. Grand Boulevard Functional Design Study The Grand Boulevard Functional Design Study was brought before Council on September 22, 2003. At this time, there appears to be no consensus on the issue of the development of the former railway corridor as a transportation link between the Clifton Hill and Fallsview }Vorking Together to Serve Our Community Clerks F/nonce Human Resources Information Systems Legal · Planning & Development October 6, 2003 - 2 - PD-2003-86 districts. However, until the current Official Plan policies are either rescinded or amended, all developments adjacent to the corridor have to comply with current policies. 2. Official Plan Policies In mid-September, the applicant's solicitor and project architect presented revised plans to Planning staff illustrating a site layout and building design that essentially satisfy staff's concerns respecting Official Plan compliance. (a) Ground Level Pedestrian Activities and Building Orientation Previously, the drawings had illustrated a development proposal that had no orientation to the Grand Boulevard nor any provisions for pedestrian amenities or facilities. The development concept essentially "turned its back" to the Grand Boulevard. Such a plan was not in compliance with the Official Plan. The project architect has now redesigned the proposed 10-storey hotel to have pedestrian accessible restaurant and retail space accessible to the former rail line which would not jeopardize any future development of this corridor. A large patio is also proposed. The building has also been redesigned to give it a fi'ontage appearance on both sides which would be in harmony with the Grand Boulevard concept. (b) The Ferry Street Extension and the Ferry Street Square While the plans submitted do not illustrate either of the above concepts, there is sufficient land area to accommodate them should they be developed. (c) Design Guideline Compliance Achieved The previous design did not comply with the Design Guidelines. These issues included the lack of a stepped building form above the fourth floor, inadequate separation distance between the proposed building and the existing Marriott Courtyard and no provision for a reduced building width should the building be extended above 15 storeys in the future. The revised drawings incorporate a three-metre stepback which has been provided at the fifth floor along the east side and south end. Although this podium is one floor higher than the criteria in the Guidelines, the actual height of the podium is just under 40 feet which is the same as a typical four-storey building. Further, the project architect has informed staff that, due to the location of the elevators and stairwells, the building width can be reduced should the building extend beyond 15 storeys in the future. A multiple hip roof feature is planned for the hotel. A building separation distance of 65 feet is proposed while 82 feet would be required by the Guidelines. While this may not be a concern respecting the penetration of sunlight onto public streets, it may increase the severity of wind impacts experienced on site. This will likely require the construction of wind screens or canopies to protect pedestrians on site. (d) Traffic Concerns The Traffic Impact Study submitted with the application was prepared for a proposal comprised of one 30-storey and one 40-storey hotel. While the traffic study October 6, 2003 - 3 - PD-2003-86 addresses a larger development than the 10-storey project, significant impacts are anticipated. The study submitted by the applicant recommended significant changes to the road network, including the elimination of on-street parking on Ferry Street in order to provide additional traffic lanes. While the traffic study should be revised to consider the subject proposal, professional opinion is that road improvements, such as turning lanes, will not assist in relieving the impact of this development on the road network. Removal of parking from the street for traffic lanes would eliminate the opportunity to widen sidewalks to create a better pedestrian route to Fallsview Boulevard. (e) Future Development Plans Anticipated Application has been made by Niagara 21 st to build two 30-storey towers on the site. The subject 1 O-storey would he expanded upward to 30 storeys together with another 30-storey building. The second 30-storey building would also utilize the air fights that are owned by the applicant that extend above the railway corridor. This development has been reviewed on a preliminary basis by the Architectural Peer Review (APR) panel which had several concerns regarding the design. The APR panel suggests that the project architect work together with the panel and staff in order to achieve a development that both benefits the development and respects the public interest. (f) Parking The parking for the proposed and existing developments is to be provided both on the surface and within a three-level underground parking structure. The plans submitted reveal that a potential surplus of 180 spaces will exist. The Director of the People Mover Project, Edward Lustig, has submitted a memorandum (copy attached) respecting this application vis-a-vis the People Mover Project. The People Mover Parking Strategy contemplates that developers of hotel projects will provide parking spaces on-site for their guests. The Strategy does not support commercial parking which is not supportive of the People Mover Project. Therefore, any surplus parking resulting from a parking structure on this site should not be used for commercial proposes. The uses permitted through zoning should therefore be amended to remove "parking lot" as a permitted use on this site. CONCLUSION: In conclusion, the requested Zoning By-law amendment for a 1 O-storey hotel with a stepback after a height of 40 feet can be recommended for approval because: it is in compliance with the Official Plan; the design modifications serve to animate the Grand Boulevard and address certain built form issues; the extension of Ferry Street and the Ferry Street Square can still be accommodated (depending on the Grand Boulevard Functional Design Study); and October 6, 2003 - 4 - PD-2003-86 · the requested amendment is appropriate, as outlined, provided "parking lot" is removed as a permitted use. Prepared by: John Bamsley Planner 2 Respectfully submitted: John MacDo~nald~ ~(~ninistrative Officer Deputy Director of Planning & Development Recommended by: ~~n 'annin~g & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:AH:gd Attach. S:~PDR~2003~PD2003 -86, AM-I 4-03, 5950 Victoria-Niagara 21 st.wpd P£OPi£ Edward P. Lustig Director ,,HOV£R PROJ£dT 4310 Queen Street Niagara Falls. ON L2E 6X5 Tel: (905) 356-7521 Ext. 4203 Fax: (905) 358-3910 E-mail: elustig(g,,city, nia.q, ar afalis.on.ca John Barnsley Planner 2 Planning & Development September 30, 2003 AM 14-2003/Zoning By-law Amendment Application - 5950 Victoria Avenue, Proposed 1 O-Storey Hotel This memorandum is in response to your request for comments from me respecting the above noted matter dated September 23rd. 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 route, 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 dirrdnish but, as well, the City's investment in the lands acquired therefor may be prejudiced. -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 rdviewed with the Council by Gregg Loane of IBI. Since that time, a number of events have (~ccurred relative to the project, including: The RFQ (Request for Qualifications) part of the process for the Project has now been concluded. Six groups have been qualified to participate in the next phase ofthe process, being the RFP (Request for Proposals). Among the six groups that have been qualified are some of the largest companies involved in transportation projects worldwide including Bombardier, Siemens, SNC-Lavalin, Mitsubishi and others. These groups have indicated to us the importance of a parking strategy to sustain the viability on any proposal for this project that they may make. Recently the City has received approval from the Federal Government for Canada Strategic Infrastructure Funding for this project in the amount o f $25m In reviewing the City's application for this funding, Federal Government representatives made it clear to ns that they regard the implementation of a supporting parking strategy as an important component in their considerations for the grant. We are presently awaiting receipt of the follow up agreement that will be required. No doubt, the Federal Government will require that the City implement a supportive parking strategy for the Project. 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 draft Parking Strategy. In light of the importance of the report, it was the writer's view that these direct 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, it has been an extremely worthwhile effort providing us with valuable input. The final Strategy report has now been approved by the City's Steering Committee for the Project and is scheduled to be before City Council for approval on October 20th. 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 that would be unsupportive of the project. This, however, clearly does not mean that developers of hotel projects are to be discouraged from providing parking spaces for their guests on their properties. 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 hotel guests would be shuttled by the People'Mover to their vehicles at Rapidsview or the proposed northerly lot. We would, however, be greatly concerned if any hotel parking was developed for uses not related to the hotels but instead became "commercial parking lots" unsupportive of the People Mover Project. 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 hotel 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. As you have noted in your memorandum, the amending by-law should site specifically remove a "parking lot" as a pemqitted use, thereby precluding the use o f additional spaces for commercial gain. Additionally, we would suggest that any approval also be subject to a supplementm'y agreement (possibly as part of the site plan -3- 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 agreement would have to be carefully drafted to achieve the objectives and balance required. From discussions we have had with the owners, this concept of parking only for actual guest and employee needs and not for conunercial purposes unsupportive of the People Mover Systemis acceptable since they have indicated they are not interested in developing a commercial parking lot. In fact, the owners are strong supporters of the People Mover Project and understand the need to retain potential ridership opportunities in order for the Project to be viable and of interest to a private developer within the context of the public/private partnership model that Council has adopted for this Project in'order to relieve the taxpayers of any further cost or risk. EPL:fs SCHEDULE 1 LOCATION MAP Subject Land Location: Amending Zoning By-law No. 79-200 5950 Victoria Avenue AM- 14/2003 Applicant: Niagara 21st Group Inc. SCHEDULE 2 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-2003-85 Doug Darbyson Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re~ PD-2003-85, Zoning By-law Amendment Application AM-32/2003, 4294 Ellis Street Applicant: Paul Stary Agent: Chris Cristelli Legalization of Existing Triplex RECOMMENDATION: It is recommended that Council approve the requested Zoning By-law amendment application to legalize an existing triplex at 4294 Ellis Street BACKGROUND: Paul Stary has requested an amendment to the Zoning By-law for the property known as 4294 Ellis Street, as shown on Schedule 1. The amendment is requested to legalize an existing triplex dwelling. Details are shown on Schedule 2. The property is currently zoned Residential Single and Two Family (R2-2). Special provision 2 permits the existing building to be used as a tourist home having up to four bedrooms for tourists. The applicant is requesting a site-specific Residential Mixed (R3) zone to be applied to the subject property to permit the triplex dwelling and to recognize some existing legal non-conformities with respect to certain zoning provisions. Site Description and Surrounding Land Uses The subject property is located on the south side of Ellis Street adjacent to the intersection with Erie Avenue. The existing 2 ½ storey dwelling is situated on a 38 x 150 foot lot. The surrounding lands are utilized for residential purposes, a mix of single and multiple dwelling units together with several bed and breakfast accommodations (B&B's). Clerks Finance Working Together to Serve Our Community Human Resources Information Systems · Legal Planning & Development October 6, 2003 - 2 - PD-2003-85 Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. No concerns or objections were received. Planning Analysis 1. The establishment of a triplex complies with the Official Plan. The subject property is designated Residential in the Official Plan. The Residential policies of the Plan, together with the Housing Strategy, promote and encourage the development of multiple accommodation through intensification so as to provide a harmonious mix and choice of housing in a neighbourhood. Intensification is to occur compatibly with the neighbourhood. The triplex has been in existence for some time. As noted above, the surrounding lands are entirely residential and are made up of single detached dwellings, duplexes and other types of multiple-unit dwellings, as well as B&B's. Therefore, the triplex is consistent with other land uses in the area and serves to provide some rental accommodation for the downtown. The site plan, Schedule 2, illustrates that sufficient lot area is available for parking together with a three-car garage. Also shown on the site plan is a proposed alteration to the triplex in order to provide external access to the third floor. The alteration can be accommodated without impacting parking or greenspace. 2. The requested amendment is appropriate. The land is currently zoned R2-2, with special provision 2 permitting the establishment of a tourist home having up to four bedrooms for tourists. (The R2-2 zoning extends from Morfison Street south to Hiram Street and is bounded by River Road and the former CP Rail line.) The applicant is requesting a site specific R3 zoning to be applied to the land. This request is appropriate because the R3 zone permits triplexes. Modifications to the standard by-law regulations are required to recognize certain existing conditions: reductions in frontage, front yard depth and the side yard setback for both the triplex and the garage. Since these conditions have existed for several years, a degree of compatibility has been achieved both with the surrounding lands and on-site. Because of this, it is staff's opinion that the requested modifications are reasonable and the requested amendment is appropriate. CONCLUSION: In conclusion, the requested amendment to legalize an existing triplex at 4294 Ellis Street can be recommended for approval because: · It is in compliance with the Official Plan; The existing triplex provides for a mix of housing types and provides for rental accommodation close to the downtown area; · The triplex is consistent with other residential land uses in the neighbourhood; and October 6, 2003 - 3 - PD-2003-85 The requested site specific R3 zoning is appropriate and the modifications to the regulations are reasonable given that these conditions have existed for years and that a degree of compatibility has been achieved. Respectfully submitted: / ~/John MacDonald Chief Administrative Officer Recommended by: ~Doug Darbyson irector of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd Attach. S 5PDRX2003~PD2003-85, AM-32-03, 4294 Ellis-Stary.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Applicant: Paul Stary Description: 4294 Ellis Street I :NTS AM-32/2003 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 September 18, 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 m: ZO~ 0 ~ Dear Mr. Darbyson: RE: Zoning By-law Amendment Application 4294 Ellis Street Paul Stary City of Niagara Falls Your File: AM-32/2003 This application proposes to amend the City's Zoning By-law to permit a triplex dwelling. 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 triplex will provide affordable rental housing near the City's downtown and will improve the housing mix in the neighbourhood. In this regard, Regional Planning staff would not be opposed to the approval of the proposed Zoning By-law amendment from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, David J. Farley Director of Planning Services C: Council[or Bill Smeaton M:\MSWORD\PC\NFzbla\4294 Ellis 2003Stary.doc RECEIVED SEP 1 9 2O03 PLANNING DEVELOPMENT Corporate Services Department PD-2003-89 The City of Niagara Falls Il ~,~ Planning & Development 43'10 Queen Street P.O, Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city, niagarafalls.on.ca Doug Darbyson Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-89, Zoning By-law Amendment Application AM-29/2003, Kalar Road (East Side), North of Costabile Drive Applicants: Wilfred & Irene Jones Agent: A! Heywood - Matthews, Cameron, Heywood Surveying Ltd. Proposed Single/Semi-Detached Vacant Land Condominium RECOMMENDATION: It is recommended that Council approve the Zoning By-law amendment application, as detailed in this report, to provide site specific R4 standards to allow the construction of a maximum of 12 semi- detached dwellings and one single-detached dwelling fronting on a private road on parcels to be created through a future vacant land condominium. BACKGROUND: Proposal The subject property is a 0.484 hectare (1.196 acre) parcel of land on the east side of Kalar Road, north of Costabile Drive, as shown on Schedule 1. This land is described as Block 66, Registered Plan 59M-207 (Madsa Subdivision). There is a single-detached dwelling known municipally as 4336 Kalar Road on the site. The amendment is requested for the development of a future vacant land condominium project containing 12 semi-detached units and one single-detached unit on a private road. Details are shown on Schedule 2. The land is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) allowing townhouse and apartment dwellings. The applicant is requesting site specific modifications to the R4 zone to permit the construction of the proposed single-detached and semi-detached dwellings with reduced building setbacks on individual parcels fronting on a private road. Surrounding Land Uses There is a vacant site zoned for townhouse/apartment use on the abutting land to the north that also contains a municipal storm sewer protected by an easement. A small watercourse and single- detached dwellings exist to the east. South of the subject land are single-detached homes and a townhouse condominium development offCostabile Drive. The Urban Area Boundary is located along Kalar Road and rural/agricultural uses exist to the west. tForking Together to Serve Our Community Clerks Finance · Human Resources · Information Systems · Legal Planning & Development October 6, 2003 - 2 - PD-2003-89 Circulation Comments Information on the requested zoning amendment was circulated to City divisions, the Region, agencies and the public for comment. The following summarizes the comments received. Parks, Recreation & Culture No objections. Parkland dedication requirements were addressed through the earlier subdivision plan. Municipal Works No objections. Full municipal services are available, a road widening has been dedicated and funds were previously collected for the construction of a sidewalk on Kalar Road. Detailed servicing requirements will be determined through the furore condominium review. Regional Planning The existing higher density use is preferred, but the proposal will accommodate an affordable form of housing and improve the housing mix in the neighbourhood. The vacant land condominium will provide a unique housing tenure. Site design details should ensure compatibility. An area property owner has submitted a letter expressing concerns with possible pedestrian access to Brookdale Drive/Alpine Drive, fencing requirements for future developments and maintenance of a City-owned overland drainage area abutting their property on Brookdale Drive. Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended with a minor modification. The review of the amendment is summarized as follows. 1. The proposal complies with the policies of the Official Plan. The City's Official Plan designates the property Residential which permits a variety of housing types. A compatible mix of housing types is promoted by the Official Plan to provide a full range of housing opportunities. This site was designed as a multiple residential block in the Marisa Subdivision registered in 1993 and has direct access to Kalar Road. If developed, the project would remove an approved townhouse/apartment property from the City's limited inventory. However, townhouses exist to the south and the land to the north is zoned for townhouses and apartments. The proposal represents a minor reduction in the potential units on the site. The development provides an alternate form of housing and the semi-detached dwellings would contribute to the housing mix in the neighbourhood. This condominium proposal should be compatible with the surrounding area subject to appropriate building setbacks. 2. The requested amendment, with a modification to the side yard setback, is appropriate. The addition of site specific provisions to the existing R4 zoning is proposed to allow the development. In order to fit on the site, the applicants propose shallow "lots" (vacant land condominium units) and a correspondingly shallow 2-storey semi-detached dwelling design on both sides of the internal roadway. October 6, 2003 - 3 - PD-2003-89 The requested rear yard depth is 7.0 metres (23 feet) with allowance for a 1 storey section of the dwelling to provide a 5.4 metre (17.7 foot) setback. The typical zoning depth for a rear yard is 7.5 metres (24.6 feet). These private amenity areas for each dwelling are smaller but should be suitable for the condominium development. The projection into the rear yard is limited to approximately 1/3 of the dwelling width. There appears to be adequate separation from homes to the south located on deep lots and adjacent to the side yards of dwellings. No structures can be built within 10 metres (32.8 feet) of the north boundary over the storm sewer easement. The proposed development provides greater setbacks from the north and south property lines than the 5.0 metres (16.4 feet) that would be required if an apartment was constructed in accordance with the existing zoning. The overall front yard dwelling/garage setback from the private road is 5.95 metres (19.5 feet) comprised of 2.6 metres (8.5 feet) to be in private ownership and 3.35 metres (11 feet) in the "Exclusive Use Area" of the condominium. This dimension is in line with the City standard for single-detached and semi-detached dwellings of 6 metres (19.7 feet). This setback to the curb will allow vehicle parking in the individual driveways, and in combination with the proposed 2-vehicle garages for each dwelling, parking needs should be addressed. The requested 4.5 metre (14.26 foot) setback from the Kalar Road property line is an exterior side yard for the proposed units and has been approved for subdivision development to the south. An improvement is possible to the proposed 1.2 metre (3.9 foot) interior side yard width for the 2-storey dwellings. The existing zoning by-law requirement for 2-storey single or semi- detached houses is a 1.8 metre (5.9 foot) interior side yard. This setback allows for rear yard access, maintenance of the dwelling and a visual separation along the streetscape. Staff recommend a compromise setback of 1.5 metres (4.9 feet) to better meet the purpose and intent of the zoning provision. The resulting 3 metre (9.8 foot) separation between dwellings is the same as required between typical townhouse blocks. The site size and trait layout can accommodate this increased width. The proposal requires approval of a Vacant Land Condominium application. A vacant land condominium is one of several new types of ownership permitted under the Condominium Act, 1998. This type of condominium plan allows vacant land to be divided into "units" with exclusive or shared areas (e.g. roadway, services, open space). The vacant land units are sold when the condominium is registered and then dwellings can be constructed. The submitted zoning by-law amendment will establish the municipal standards on the land. Presumably, both sides of the proposed semi-detached dwellings would be built at the same time. Accurate placement along the common vacant land unit boundary will be necessary otherwise encroachments will exist. Through the future condominium application review, issues such as perimeter fencing, landscaping the Kalar Road frontage, boulevard trees, servicing design and garbage collection can be addressed. The abutting Block 74, 59M-207 to the east is a small, land-locked, triangular parcel. It is understood that this separate block in the Marisa Subdivision was created based on the different ownership of the underlying land. Since Block 74 has no development potential on October 6, 2003 - 4 - PD-2003-89 its own, this parcel should likely be incorporated with the subject land in the future as part of the open space or visitor parking area of the proposed vacant land condominium development. CONCLUSION: The zoning amendment proposes an alternate form of housing and would contribute to the mix of housing types in the neighbourhood. The requested site specific zoning provisions, with an increased interior side yard setback as noted in the report, are appropriate. The development should be compatible with the surrounding area and complies with the Official Plan. Approval of a future application for a vacant land condominium is necessary. The zoning amendment is recommended for approval. Prepared by: Richard Wilson Planner 2 Respectfully submitted: ///lohn MacDonald Chief Administrative Officer Recommended by: irUg Darbyson ector of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S 5PDRX2003~PD2003 -89, AM-29-03, Kalar Road (East Side).wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: 4336 Kalar Rd Block 66 Plan 59M-207 Applicant: Wilfred & Irene Jones AM-29/2003 1 :NTS m pooB d°l°)~ SCHEDULE 2 NIA A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 $chmon Parkway, P.O. Box t042 Thorold, Ontado L2V 4T7 Telephone: (905) 984-3630 Fax: (90§) 641-520B E-mail: plan@regienaLniagara,on.ca September 29, 2003 File: D/10.M.11.23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 43~10 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application East Side of Kalar Road, North of Costabile Drive Wilfred and Irene Jones City of Niagara Falls Your File: AM;.291~003 This application proposes to amend the City's Zoning By-law to permit a vacant land condominium containing 12 seroi-detached dwelling units and one single detached dwelling unit on lands currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) Zone that only allows townhouse and apartment dwellings. These lands are within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and designated Residential in the City's Official Plan. Although a higher density would be preferred as currently permitted in the Zoning By-law, the proposed development will still accommodate a more affordable form of housing and improve the housing mix in the neighbourhood. The proposed vacant land condominium should also provide a unique form of housing tenure under the new Condominium Act. The City should be satisfied with speelfic site design details to ensure that the development can achieve a compatible fit with the surrounding neighbourhood. More specific Regional and Provincial planning and development comments will be provided when the draft plan of condominium is cimulated for review. On this basis, Regional Planning staff is not opposed to the approval of the proposed Zoning By-law amendment froro a Regional and Provincial planning perspective, Please send notice of City Council's decision on this application. Ye truly, David J. Farley Director of Planning Services C: Councillor Bill Smeaton M:~MSWORD~PC~N Fzbla\Kala r&Cos[abile.d oc RECEIVED SEP 2 9 2003 PLANNING & DEVELOPMENT To: Director of Planning and Development, City Hall, 4310 Queen Street, Niagara Falls, Ontatio, L2E 6X5. City File: AM-29/2003. Sept. 22,2003. Re: Proposal to Amend Zoning Bylaw No. 79-200. Mr. (Terry) and Mrs. (Gina) Cahill, owners of 4317 Brookdale Drive (See designated area on Schedule 1 - Location map included) have several concerns with the proposed development of Block #66 (along with any future development of Block g65 - - connecting with the north-east edge of the Cahili property). 1. The Cahills have resided at the above address for five years, and have enjoyed the openness of the property and the view to their west (currently fruit trees and a farmhouse). We have no desire to change this but development of Blocks #65 and # 66 will have a definite impact on us. The west end and south side of the Cahill property is not fenced at this time. 2. Mr. Cahill has maintained Blocks #71, 072, and #73, an easement approximately 20 feet wide that is required to allow the city access to a drainage culvert at the east end of Block g64 and contacting the entire south side of the Cahill property. Mr. CahiH cuts the grass, weeds and waters Blocks #71, #72, and #73 to present a quality appearance that is harmonious with the residents of Alpine Drive and Brookdale drive, and has been doing so for five years. 3. Our concern is that the development of Blocks g65 and g66 will greatly increase unwanted foot-traffic through the easement by a factor of twenty-five to fifty times. The easement is currently the only access point (east to west) between Alpine Dive and Kalar Road. We feel that this increase in traffic affects the security - possible vandalization - or theft of materials from our property and is an invasion of our privacy negatively affecting the use of our backyard. 4. Will the north side of the proposed development (along units 1 - 6) be fenced (by the city or the developer)? 5. Will the south and east side of Block 065 (future development) be fenced (by the city or the developer)? 6. See Schedule 2 (attached). The parcel adjoining Block #74 appears to be open - allowing traffic flow (east to west). We feel that since development of Blocks 065 and #66 appears to be inevitable that some provision must be made to fence this city property - either along the entire east end of #65 and #64 (thus blocking any foot-traffic), or along the west end of #65 and up the south side of the Cahill property that adjoins Block #71. R E C E ~ ~/E D 2 2003 PLANNING & DEVELOPMENT We also at this time request to be put on any future site plans of the surrounding area impacting our property. e-mail: obrianandtosk~msn.com SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: Applicant: 4336 Kalar Rd Block 66 Plan 59M-207 Wilfred & Irene Jones AM-29/2003 I :NTS The of 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-2003-83 Doug Darbyson Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-83, Zoning By-law Amendment Application AM-31/2003, 8621 Earl Thomas Avenue Owner: Collins Concessions Ltd. Proposed Used Car Lot RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application to permit the property to be used as a used car lot; and 2) the amending by-law contain provisions to limit the use as outlined in this report. BACKGROUND: An amendment to By-law No. 79-200 has been requested for the land known as 8621 Earl Thomas Ave. (see Schedule 1) to permit the property to be used as a used car lot. Refer to Schedule 2 for the details of the development. The land is currently zoned Light Industrial (LI-31), which prohibits used car lots on an area-specific basis. The LI-31 zoning is requested to be amended site specifically to permit a used car lot to be established on the property. Working Together to Serve Our Community Clerks · Finance · Human Resources Information Systems Legal Planning & Development October 6, 2003 - 2 - PD-2003-83 Surrounding Land Uses The land is completely surrounded by a variety of industrial related uses. Due to zoning prohibitions, there are a very limited number of automotive related uses in the immediate area. 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 is located within the Niagara Falls Urban Area according to the Regional Policy Plan. The display area appears to occupy a small portion of the site, therefore Regional Planning staff is not opposed to the proposed amendment from a Regional or Provincial planning perspective. Municipal Works Adequate services are available to the land. Earl Thomas Avenue has sufficient width to service future needs. There are no traffic concerns. Municipal Works has no concerns or conditions to impose. Parks, Recreation & Culture no objections. Planning Review: The following is a summary of staff's assessment of the application: 1. The proposal complies with the intent and the purpose of the Official Plan. The subject lands are designated Industrial in the Official Plan. The predominant use of the land is to be for industrial purposes. In order to accommodate changing market conditions and new development trends, Council may entertain zoning by-law amendments to permit ancillary uses such as commercial services and other complementary land uses. These ancillary uses are to be restricted as to their location, size and extent of operation to preserve the predominant industrial function. Non-industrial uses on lands fronting onto major highways and roads are discouraged to preserve them for prestige type developments. The proposal complies with the intent of the Official Plan as follows: Provided the restrictions contained in this report are implemented, the proposal would be a small-scale complementary use that would be compatible with the abutting light industrial uses, should not detract from the overall industrial character of the area and should not create unacceptable loads of traffic. October 6, 2003 - 3 - PD-2003-83 The use is typically permitted in the Light Industrial zone in the City and considered a complementary land use in industrial areas. The site does not front onto a major road and is not reserved for a large, prestige industrial development. The display and storage area would be kept out of the front yard thereby helping to preserve the landscaped, business park character of the property and the surrounding area. Sufficient room exists on site in the side and rear yards to store and display vehicles and to provide visitor parking. The requested amendment is appropriate for the site. The City's standard Light Industrial zone permits used car lots. However, automotive uses are not permitted in the southern portion of the Stanley Business Park because it was intended to be a high quality business park. The thought was that a large proliferation of highly visible automotive uses, particularly in the front yards along major roads, would detract from the business park's character. It is important for the City to maintain the high quality aesthetics of this business park area in order to attract and retain the types of high quality industries that have located here. If the entire lot were used for the display and storage of used vehicles, it would likely detract fi'om the business park setting by impacting on the appearance of the building and generating significant non-industrial traffic. Therefore, the amending by-law should contain provisions to limit the scale of the used car lot and to maintain the business park quality of the property. The current regulations contained in By-law No. 79-200, requiring the majority of the front yard to be maintained as landscaped open space, Will help to maintain the character of the property. In addition, the following regulations are recommended: Any display and storage of automobiles should be limited to the side or rear yards. This would help preserve the business park type appearance of the building and reinforce current provisions requiring landscaping in the front yard. Restrict the sale and display of vehicles to 20% of the lot area to limit the size of the use. The area available for the sale and display of vehicles would be approximately 800 sq. m or 1,700 sq. ft. Depending on the arrangement of vehicles, this would mean up to approximately 20 to 35 vehicles could be stored and displayed on the property at any given time. A similar standard has been implemented for open storage in the Prestige and Light Industrial zones of the Montrose Business Park. These standards would help ensure the use does not have a detrimental impact on the business park character. October 6, 2003 - 4 - PD-2003-83 CONCLUSION: The requested amendment can be supported for the following reasons: · The proposal is within the intent and purpose of the Official Plan. Recommended regulations to restrict the size and appearance of the proposed use will help to preserve the business park character which is desired in this area. Prepared by: Planner 2 Respectfully sub~mitted.'° 1/ /'/lohn MacDonald (~//Chief Administrative Officer Recommended by: ~Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AB:pb SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Applicant: Description: Collins Concessions Ltd. 8621 Earl Thomas Avenue Lot 31, Registered Plan No. 243, City of Niagara Falls, Regional Municipality of Niagara I:NTS AM-31/2003 O SITE PLAN SCALE: 1:750 J&RECEIVED AUG 2 2 2~3 PLANNING DEVELOPMENT COLLINS CONCESSIONS INC. AS,aHALT LU SCHEDULE 2 September 16, 2003 PLANNING AND DEVELOPMENT DEPARTMENT The Regional Uunicipality of Niagara ~. ~.~'~(,.~ ~/ 3550 Schmon Parkway, P,O, Box 1042 Thorold, Ontario L2V 4T7 Telephone: (905} 994-3630 / Fax: (905) 641-5208 E-maLl; plan@regional.niagara.on.ca D.10.M.11.23 Doug Darbyson Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Faniilets de transmission par ~l~opieur i Poet-it' F~ Note ., 7S71B RE: Zoning By4aw Amendment Application West Side of Earl Thomas Drive, north of Don Mude Street Collins Concessions Limited City of Niagara Falls Your File: AM-31/2003 This application proposes to amend the City's Zoning By-law to permit a used car lot in conjunction with an existing industrial building. The property is situated within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan and is designated Industrial in the City's Official Plan. According to the site plan submitted with the application, the proposed display area for the car lot will only occupy a small portion of the site. Regional Planning staff' is not opposed to the proposed zoning amendment from a Regional or provincial planning perspective. Please send notice of City Council's decision on this matter. Yours truly, David J, Farley Director of Planning Services C; Councillor W. Smeeton RECEIVED SEP 1 6 2003 PLANNING & DEVELOPMENT Pambookian Industries Ltd. 8 Madras Place, Brarnpton, Ontario, L6S 2Z2 Telephone: (9O5) 799-9572 September 20, 2003 Director of Planning & Development, P.O.Box 1023, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Re: Zoning By-law Amendment Application City File AM-31 / 2003 Collins Concessions Ltd., 8621 Earl Thomas Avenue , Lot 31, Registered plan No.243, City of Niagara Falls, Canada. Dear Sir or Madam, I, the undersigned, president of Pambookian Industries Ltd., is in receipt of your notice of a public hearing regarding an application for Zoning By-Law Amendment on the captioned property. I wish to respond officially as follows, and by submitting this letter to you, I wish to be on record. I wish to inform you that on behalf of Pamboukian Industries Ltd., I strongly oppose any Zoning By-Law Amendment to accommodate Collins Concessions Ltd. A used car lot will change the character of that area of the Industrial Park. A business like a used car lot that deals with the public particularly requires on- site parking, just to mention one shortcoming of Collins Concessions Ltd. I sincerely hope that the committee will not approve this particular amendment. In addition, I request that I be notified of your Committee's decision as soon as it is made. Dr. Ben Pamboukian RECEIVED SEP 2 ~ 20O3 PLANNING DEVELOPMENT Sep-Z6-03 08:19pm From-JARTIN SNEPPARD FRASER LLP 905 354 1042 J.R. aoyce R. L, Steele G.H. I~nekat J, L. Jones M.A. Lalonde J.A. S|ssons F- A, Fraser W. L MacPherson N. H, Furrnston R.E. Peters F.J. Matthews, Q.C.' A.F. Sheppan;I, Q.C.* 1VIARTIN ~I-IEIPPARD FRASER I.l~p VVV BARRISTERS & SOLICITORS %455 P.00Z/00Z F-531 Do~tO~ P~fo~ional Building · 4701 ~. Cl~r Avenue, 2na Floor P.O. Box 9~, Niagara Falls, Ontado Canada L2E ~ Telephone: (905) 354-1611 Toll-free: 1-800 268--2~02 Fan$imile: (905) 354-5540 September 26, 2003 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 ATTENTION; Andrew Bryce Dear Mr. Bryce: Re: COLLINS CONCESSIONS LTD. Application for Amendment to Zoning By-Law Our File No; 230641 City File: AM-31/2003 Further to your telephone discussions with the writer we wish to address the questions raised by you in connection with the above noted application as follows: Firstly, you had asked about the number of cars for sale that would be kept on the property, In this regard we refer you to the site plan which was submitted with the application. You will note that it indicates a display area for three (3) cars and this is the total number of cars for sale that our client expects to have on the property at any one time, As for the area where customers will park, we refer ~ou to the 3 existing parking spaces set out on the north end of the property, which is where visitors currently park. We also note that the area marked "gravel parking area" is more than half an acre in size which is available if it became necessary to have cars parked to the rear of the buildings. Due to the size and space available on the lot it would not be necessary for any cam to be parked on the street, If you have any further questions please contact the writer. Yours truly, MARTIN SHEPPARD FRASER LLP Per: RECEIVED SEP 2 9 2O03 PLANNING ,& DEVELOPMENT Nlaga~a Corporate Services Department Planning & Development 43t0 Queen Street P,O, Box 1023 Niagara Falls, ON 1.2,E 6X5 web site: www,city, nlagarafall$,on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagamfalls.on.ca PD.2003.84 Doug Darbyson Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: PD-2003-84, Official Plan & Zoning By-law Amendment Application AM=30/2003, 9441 Lundy's Lane Applicant: Willi Helmut Prnxl Agent: AHard Colyn Proposed Bed & Breakfast RECOMMENDATION: It is recommended that: l) 2) Council approve the application to amend the City's Official Plan and Zoning By-law to permit a proposed tourist home Coed & breakfast accommodation) at 9441 Lundy's Lane; and that full parking as requested by the applicant be approved; and that Council direct staffto include B&B's as secondary uses that are allowed in Good General Agriculture.and Rural/Agricultural lands through the ongoing Official Plan update. BACKGROUND: Willi Helmut Praxl has requested amendmants to the City's Official Plan and Zoning By-law for a 26-acre (10.5 ha) parcel of land, known as 9441 Lundy's Lane, as shown on Schedule 1. The amendments arc requested to permit the existing dwelling to be used as a four-bedroom tourist home (bed and breakfast). Details are shown on Schedule 2. The land is designated Good General Agricultural in the Official Plan and is zoned Agricultural (A) in the Zoning By-law. The applicant is requesting a Special Policy Area designation to be applied to the land to permit the proposed tourist home use. A complimentary site specific zoning by-law is also requested to regulate the use. Clerks Finance Working Together to Serve Our CommuniO~ Human Resources . Information Systems · Legal Planning & Development October 6, 2003 - 2 o PD-2003-84 Site Description and Surrounding Land Uses The subject land is located on the north side of Lundy's Lane between Beechwood Road and Thorold Townline Road. The land is partially being farmed for field crops and a small vineyard. A large, estate-type dwelling has recently been constructed on-site. Lands to the north are used for agriculture as are some of the lands to the south and east. Other uses to the south and east include a driving range, single detached dwellings, a nursery and the Italo Canadian Centennial Club. Agricultural uses are also found on the west side ofThorold Townline Road, on lands within the City of Thorold. Circulation Comments Information regarding the application was cimulated to City departments, government agencies and the public for comment. No adverse comments were received. Planning Analysis 1. The proposed amendment to the Official Plan is appropriate. Staff has analyzed the application as to its compliance with the Official Plan. The Plan contains the following criteria for amendments. a) The Conformity of the Proposal to the General Objective of the Official Plan The subject land is designated Good General Agriculture in the Official Plan. The agricultural policies of the plan serve to preserve and to protect the agricultural land base and to maintain the viability of farming operations. Non-farm uses are to be restricted in order to minimize the land use conflicts in favour of agriculture. Within agricultural areas, the Regional Policy Plan also plays a key role in the analysis of applications. The Region's Plan, while also serving to protect and preserve agricultural lands, permits home industries and B&B's with up to six guest rooms, provided the proposal meets several criteria. While the City's Plan permits home industries, B&B's are not allowed. Fundamentally, the City's Plan has to conform to the Region's Plan. As such, an amendment to include a B&B on Good General Agricultural land would not be out of conformity with the general objectives of the City's Plan, provided the criteria are met. These criteria are discussed below as they pertain to the tests for amendments to the City's Plan. b) Suitability of the Site or Area for the Proposed Use, Especially in Relation to Other Sites or Areas of the City Agricultural areas are suitable for B&B's. While most are located within residential areas in close proximity to the tourist core, accommodations within agricultural areas provide an alternate venue and experience for the visitor. The four-room B&B will be ancillary to the dwelling occupying about one third of the second floor area. Moreover, by virtue of including B&B's with its secondary uses policy, the Region has determined them to be suitable within an agricultural area. October 6, 2003 - 3 - PD-2003-84 c) Compatibility of the Proposed Use with Adjacent Land Usc Designations and Natural Resources As noted above, the proposed B&B is to be within the existing dwelling. No internal or external renovations are anticipated because the dwelling was built with this use in mind. A parking area for 10 cars is to be created adjacent to the Lundy's Lane frontage. While the B&B in itself will not detract from the agricultural character of the property any more than the dwelling, the parking lot is too large for the proposed use and would be out of context. Therefore, the parking area should be reduced to that needed for five cars, which is the minimum required by the Zoning By-law. Within an agricultural area, a B&B is essentially an innocuous use. Little in the way of impacts will be experienced by neighbouring properties. However, care must be taken in intensifying a residential use in an agricultural area. Normal farming practices can result in the generation of odours, noise and dust which can be a negative impact on residential uses and result in complaints. However, in this case, the occupants of the B&B will be tourists who may desire accommodation in an agricultural area and would thus be unaffected by the impacts of farm operations. d) The Need and Market Feasibility of the Proposed Use The proposed B&B, in an agricultural area, offers an alternate form of accommodation in a non-traditional setting. As noted above, B&B's are permitted in agricultural areas in other municipalities. In these municipalities, B&B's serve to form part of an agri-tourism industry. Based on this, it would appear that a B&B may be feasible. e) The Extent to which the Existing Areas of the City Designated for the Proposed Use are Developed or are Available for Development The Official Plan currently allows B&B's to be developed in Residential areas, through site specific zoning. The only exception to this is the area west of River Road between Morrison Street and Hiram Street where a four-room B&B is permitted as-of-right through existing zoning. An extensive amount of residential properties could be developed for B&B's. This, however, does not have any real bearing on the current application as the intent of the proposal is to offer accommodation in a non-traditional setting. The Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System, Community Facilities and Natural Environment As noted above, B&B's are essentially an inoffensive use and will, in this instance, carry little in the way of impact on the surrounding area. The road network will not be impacted. The septic system has been constructed with sufficient capacity. October 6, 2003 - 4 - PD-2003-84 g) The Financial Implications of the Proposed Development An increase in tax assessment would be anticipated. Based on the above, the proposed amendment to the Official Plan is appropriate. The amendment seeks to add a Special Policy Area to the land and retain the Good General Agriculture designation. 2. B&B's in agricultural areas should be addressed in the ongoing Official Plan update. The City's Plan allows for the establishment of home industries, such as welding shops, small engine repair or carpentry shops to be located within agricultural areas through a site specific zoning amendment. This is consistent with the Region's Plan. However, B&B's are not included as a secondary use in the City's Plan as they are in the Region's Plan. Therefore, it is recommended that B&B's be included in the City's Plan through the ongoing Official Plan update. CONCLUSION: In conclusion, the requested amendments to the Official Plan and Zoning By-law can be recommended for approval because: The proposed B&B is small in scale and will be ancillary to the residential and agricultural use of the land; · The proposed B&B will not alter the agricultural character of the property; The requested amendments will only permit the proposed B&B and will leave the Good General Agricultural Official Plan designation and the Agricultural zoning in place. Prepared by: John Bamsley Planner 2 Respectfully submitted: °~~ MacL/Chief Adi~°:'~n~sal~cer Recommended by: ~ireg Darbyson ctor of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:~PDRL2003hnD2003-84, AM-30-03, 9441 Lundy's Lane-Praxl.wpd SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 Location: Applicant: 9441 Lundy's Lane Willi Helmut Praxl AM-30/2003 I :NTS ? · NEW PARKINO AREA PARKING LAYOUT (KEY PLAN) IRECEIVED AUG - ~ 2003 PLANNING & DEVELOPMENT DETAIL OF DEVELOPMENT 09/08/03 M0N 08;12 FA~ 905 ~41 §~03 ~ o01 NIA~A September 8. 2003 pLANNING AND DEVELOPMENT DEPARTMENT.. The Regional Municipali~j of Niagara 3550 Schmon Parkway, P,O. Box 1042 Thorold, Ontario L2V 4T7 I File; ~0~/ ~ ~J~ Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail; plak@regional.niagara,on,ca 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 F~uill~t~ de tran~rnlssi~n p~r t~ldoopleur I Post-it' Fax Note 7§71~ Dear Mr. Darbyson: RE: Official Plan and Zoning By-law Amendment Application 944t Lundy's Lane, west of Beechwood Road William Praxl City of Niagara Falls Your File: AM-3012003 RECEIVED SEP - 8 2003 PLANNING & DEVELOPMENT This application proposes to amend the City's Official Plan and Zoning By-law to permit a four-room bed and breakfast establishment within an existing 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 property is approximately 10.5 hectares (26 acres) in size and is partially being farmed for field crops and a small vineyard. A large, estate type dwelling has recently been constructed. It is our understanding that the applicant lives in this home and intends to utilize four rooms to accommodate tourists. The Regional Policy Plan permits home occupations within residences for up to six guestrooms for bed end breakfast establishments. The Regional Public Health Department has advised that the existing private septic system has adequate capacity for existing bedrooms to be used as tourist accommodations. The submitted plans indicate a "future retail store" that does not form part of this application nor would it meet the Regional Policy Plan. In this regard, reference to a future retail store should be removed from the site plan. The proposed land use change will not result in any new development or additional servicing and is considered minor in nature, There may be local matters to be addressed in the amending zoning by-law, however, there are no requirements necessary to meet Regional or Provincial interests. The City, therefore, may want to consider submitting a request to the Regional Planning and Development Department for an exemption from Regional approval for the Official Plan Amendment. Adequate background information has already been circulated to assess the merits of the potential exemption with a draft Official Plan Amendment prepared by the applicant. The final draft Official Plan Amendment, prepared by City staff, should accompany the City's exemption request, In conclusion, Regional Planning staff is not opposed to the proposed amendments to the Official Plan and Zoning By-law. The applicant is advised, by copy of this letter, that a Regional review fee of $500.00 is required for an exemption from Regional approval for the Official Plan amendment. Once we have received the exemption request and the draft Amendment from the City, together with the required review fee from the applicant, the Region will provide a written response that should be included in the Official Plan Amendment (following the adoption by-law) when it is presented to City Council. Yours truly, Director of Planning Services C: Councillor William Smeaton Bill Stevens, Regional Public Works M;~MSWORD\PC~NFzbla~4~'ILundysLn Pra~J ,doc Corporate Services Department T ..... .//,~ Planning & Development ne eT 4310 Queen Street Nic gQro Folls!J ,, tr P.O. box 1023 Ccmodo ~' Niagara Falls, ON L2E 6X5 T~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca PD-2003-87 Doug Darbyson Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re,' PD-2003-87, Request for Extension to Draft Plan Approval Parkway Acres, 26T-87010 Owners: Radojcic/Radulovich RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Parkway Acres 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, a one-year 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 developers have submitted a request for an extension to draft approval of the Parkway Acres Plan of Subdivision (see attached location map). Original draft approval for the plan was received from the Region on January 26, 1988. Numerous extensions have been granted. In addition, several temporary extensions have been granted by staff this year as the anniversary of the formal approval date has passed. These temporary extensions were to allow the submission and review of an extension request or the registration of the plan within the allotted extension period. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal Planning & Development October 6, 2003 - 2 - PD-2003-87 The subject land is located outside of the Urban Area Boundary and is designated Parkway Residential in the City's Official Plan. The subdivision conforms to the policies of the Plan and is zoned appropriately. There are no municipal services in the area and none are to be provided. The Region has no objection to the extension of draft approval for a one-year period. The developers have been working with the City and agencies over the past several months to satisfy the conditions of draft approval to allow the registration of the plan and sale of lots. Staff has been flexible in granting temporary extensions with the hope that registration would occur within those time frames. While progress has been made with conditions, the plan is not ready for registration and it is not appropriate to grant any further temporary extensions. Finalization of the subdivision plan is anticipated shortly. CONCLUSION: Based on this review, a further one-year extension (until the next anniversary of the approval date - January 26, 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: Respectfully submit~ted: .0 / UChief Administrative Officer ~V~oug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S 5PDR~2003~PD2003 -87, 26T-87010, Parkway Acres.wpd Draft Plan of Subdivision Parkway Acres 26T-87010 LOCATION MAP Subject Lands I:NTS K:\GI S_RequestsX2003\Schedules\Subdivisions~ningle~r~arkway_gvrehmapping. apr September 2003 The City of Niagara Corporate Services Department Planning & Development 43'i0 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-2003-88 Doug Darbyson Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2003-88, Request for Extension to Draft Plan Approval Ascot Woods Extension 6, 26T-92003 Owner: Ascot Woods Limited RECOMMENDATION: It is recommended that Council support a one-year extension to draft plan approval for the Ascot Woods Extension 6 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 an extension to draft approval of the Ascot Woods Extension 6 Plan of Subdivision (see attached letter and location map). Original draft approval for the plan was received from the Region on September 15, 1994. Previous extensions have been granted. In addition, a temporary extension was granted by staff as the anniversary of the formal approval date has passed and to allow a review of the request. Working Together to Serve Our Community Clerks Finance Human Resources · Information Systems · Legal Planning & Development October 6, 2003 - 2 - PD-2003-88 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan consists of three blocks of land for residential apartments and a block for commercial use. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The final registration of this subdivision plan is dependent on servicing availability. The Region has no objection to the extension of draft approval for a one-year period. The developer has indicated that there has been no interest in the apartment sites or the commercial land and they are considering a possible change to single-detached lots for the apartment blocks. Any proposed revisions or new applications would be subject to further municipal, Regional and agency review. CONCLUSION: Based on this review, a further one-year extension (until September 15, 2004) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information proposes. Prepared by: Richard Wilson Planner 2 Respectfully submitted$ j Chief Administrative Officer Recommended by: ~Doug Darbyson irector of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:~PDRk2003~PD2003-88, 26T-92003, Ascot Woods Extension 6.wpd BRIAN SINCLAIB PROFESSIONAL CORPONATION BBIAN N. SINCLAIR, Q.C. Barrister and~Sglicitor 6617 DrummOnd k°ad Niagara FElls, 0ntarib L2G 4N4 TEL: (905) 356-7755 FAX: (905) 356-7772 19 September 2003 The City of Niagara Falls Planning & Development Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Sir: Temporary Extension of Draft Plan Approval Ascot Woods Extension 6, Your File 26T-92003 Ascot Woods Limited In connection with the above noted matter and further to your letter dated September 12, 2003, enclosed herewith, please find a cheque in the amount of $500.00, payable to The City of Niagara Falls, for the review fees necessary extend the draft plan approval. Please note a copy of this letter is being sent to the Regional Municipality of Niagara with a cheque in the amount of $350.00 to cover the Region's review fees, as well. The reason for the extension is that, unfortunately, there has been no interest in our commercial site, even though we have made strenuous efforts to try to merchandise it. This is also true with respect to the apartment sites. However, we are contemplating perhaps changing the apartment sites to single family lots and will be in touch with Mr. Darbyson concerning this shortly. Yours faithfully BRIA~ S~C0RPORATION BRI~~. BS/rd Enclosure~_~ c.c. The Regional Municipality of Niagara RECEIVED SEP 2 3 20~3 PLANNING & DEVELOPMENT Draft Plan of Subdivision Ascot Woods Extension 6 26T-92005 LOCATION MAP Subject Lands 1: NTS K:\G IS_RequestsX2003\Schedules\Subdivisions\ascot6~mapping.apr September 2003 NEWS RELEASE For Immediate Release September 26~, 2003 Contact: Ann Godfrey, Development & PR (905) 937-7731 ext. 3304 October is Child Abuse Prevention Month In the past year child protection agencies across Ontario received more than 235, 000 inquiries, referrals and allegations of child abuse and neglect. More than 82, 000 investigations were completed and 30, 000 children were cared for in foster care. Here in Niagara, Family and Children' Services responded to nearly 5, 200 child protection concerns; conducted 3, 400 investigations and provided foster care to as many as 700 children throughout the region- a further 1,200 families were served on FACS' child protection caseloads~ "Many people are simply not aware of the scope of the problem hem in our community," said Ann Godfrey, spokesperson for Family and Children's Services, Niagara's children's aid society. "We are seeing people every day who are straggling with mental health issues, substance abuse, family violence or other serious issues. This impacts their ability to care for their children and unfortunately abuse and neglect are often the result." "We see children who are at risk of harm due to lack of supervision, children harmed by inappropriate discipline that has lead to injury and cases of emotional and sexual abuse that no child should have to endure. Chronic neglect is a very serious concern as well," added Godfrey. "It's hard for the average person to believe or accept but it is real." October is Child Abuse Prevention Month in Canada and FACS Niagara will be participating in the 11th annual Purple Ribbon Campaign to help raise public awareness about the issue of child abuse and neglect here in our community. FACS will be making purple ribbons available to regional and municipal councils, schools and at their various locations and events during the month of October. -more- ,,, , ~,t,~cET~NG OCT O 6 ?.1103 ~'~4.NNING Mailing Address All Locations: Family & Children's Services Niagara is operated by the Children's Aid Society of the Niagara Region All Locations 905-937-7731 or toll free 1-888-937-7731 E-Mail: FACSNiagara_lnfo@CAS.gov.on.ca * Webpage: www.facsniagara.on.ca [~ P.O. Box 24028 82 Hannover Ddve 4635 Queen Street 654 South Pelham Road St. Catharines, ON St. Cathadnes, ON Niagara Falls, ON Welland, ON L2R 7P7 L2W 1A4 L2E 2L7 L3C 3C8 Fax 905-646-7085 Fax 905-374-3110 Fax 905-732-0788 FACS/Child Abuse Prevention Month...2 More than 3,000 ribbons and posters will be distributed with the goal of raising awareness around the problem of child abuse and neglect and to invite people to show their support for child abuse prevention. You can help by reporting your concerns about a child, seeking help and support for yourself or someone else in need, be a foster parent or volunteer, make a donation to a helping agency or wear a purple ribbon to show your support for the prevention of child abuse and neglect. Family and Children's Services is your local Children's Aid Society, providing child protection, foster care, adoption, counselling and support services to Niagara since 1898. FACS also offers family resource centres, a mobile toy lending library, nursery school/parent enrichment programs and a variety of services to help families and children in need. For more information about child abuse, the purple ribbon campaign or how to help, please call Family and Children's Services at (905)937-7731 or toll free at 1-888-937-7731 ext 3304. -30- OCTO#! IS CHILD ABUSE & HEGLECT PREVE#TIOH #OIITII · Learn about preveutin!t child abuse & · Be. ~lood parent · Volunteer / Foster / Adopt · Invest In children and youth · Near a purple ribbon ne!llect Purple Ribbon is the symbol for an Ontario-wide campaign. Report suspected child abuse or ne~llecc: Family and Children's Services Niagara is your local Children's Aid Society - mandated by the Child and Family Services Ac~; to investigate the abuse and neglect of children and to provide protection, foster care and adoption services. FACS offers a wide range of programs to prevent and treat the problems of abuse and neglect and to support the children, youth and families of our corn. munity, If you have concerns about the safety of a child, or if you want more information about becoming a volunteer, member, foster parent or donor, please call us: (905) 937-7731 or toll free 1-888-937-7731 From: To: Date: Subject: Dean: Patrick Burke Dean Ioffida 9/30/2003 4:21:39 PM Proclamation - Fire Prevention Week and Fire Service Recognition Day The Federal Government has proclaimed October 5th to 11th as Fire Prevention Week and Saturday, October 11th as Fire Services Recognition Day. It is the usual practice to ask Council to make the same proclamations in communities across the country. Would you please place this matter on the agenda for Monday, October 6th as a request for Council to make these proclamations. The theme for this year's Fire Prevention Week is '~/Vhen Fire Strikes: Get Outl Stay Out!" Thanks. Pat Minister of Citizenship and Immigration Ministm de la Citoyennet~ et de I'lmmigration Ottawa, Canada KIA 1L1 Dear Sir or Madam: This year, Canada's Citizenship Week will be held October 13 - 19. This event is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country to live in. I hope that your municipality will join the celebration by recognizing this important week. We are encouraging municipalities to become involved by passing a resolution proclaiming Canada's Citizenship Week. A sample resolution is enclosed for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is enclosed, along with a copy of the Citizenship Week poster and an order form for material to support Y°ur communit?s participation in the Week. As a municipal official; I am sure you will agree that all citizens should be encouraged to take part in community activities. It is particularly important for young people to become actively engaged in citizenship activities. Many of the products we have developed aim to empower young people with the concepts, understanding and skills they need to be responsible, caring and active citizens. If you have any questions about Canada's Citizenship Week or citizenship in general, please fax us at (613) 954-2332 or e-mail Us at welcomehome~cic.gc.ca. You can also obtain more information by visiting the Citizenship and Immigration Canada Web site at www.cic.gc.ca, ?EIVED ;;:: ?: 5 2003 " ;: ¥0R'S OffiCE \. Enclosures: % Sincerely The Honourable D~en~ PLANNING ~EF. TJNG Canad' September 30,2003 Mayor Wayne Thomson City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir I am writing to request that the week of October 19 - 26, 2003 be proclaimed White Ribbon Against Pornography Week in the City of Niagara Falls. Citizens across Canada are being encouraged to wear White Ribbons to express their concerns about the effects of pornography and the dangers of the age of consent to sexual activity being 14 years. Attached is a suggested form of proclamation for your use. Yours truly Susan Stead (Canadians Addressing Sexual Exploitation) 6914 Devon Drive Niagara Falls ON L2H 2R4 Canada has cumbersome, outdated, consuming, ineffechve, expensive pornography investigation rules and laws. Outdated disdo~ul~ privately made and privately enj°3 EXAMPLES A 56 year old Winnipeg man was fined $I0,000.00 for possessing 258 downloaded images of naked Judge Cathy Evo~ett said ' I wamt ~he fine to have an impact and it'a suppa~ed in hu~ He had money for child pornography...l don't know how the from whats be~ dc~e to them. ~ BLr~. The appeal court reduced th~ fihe to $3,500 payable at $1flO a month @ating Judge lgvemtt should have followed the preceder~ set in other cases in Canada. Rec~fly, the fines imposed'have g~nerally been much lower - such as $750 for po~esai~g and $3,000 for thstn"outing d~d pomo~phy ' Thomas and Janice Reedy o~ed a child pornography disirilmfion in Texas. In August 200L crime. In con~ast, Canada's John Robin Sharpe was www. c-a-s-e.net for more information tm the topic~ in this bullet~ Contacting Your MP MP's name (no postage required) Houseof Common~ ORawa, ON K1AOA6 Or ~nd your MP on the web www. forno~ corn/mpti@.php ORDER ¥0UR RIBBONS NOW! CASE Parkway Postal Outlet, Box 62569 85 Ellesmere Rd., Toronto, ON MIR 5G8 Tel: (416) 412-6065 Fax: (416) 412-1321 ~New E-mail: 4case@sprint.ca vol.1 2003 Why is Ottawa so reluctant to protect our children from sexual predators? WRAP week October 19 - 26th, 2003 Since 1987, the age of consent for sexual activity has been age 14 (previously it was age 18). That meam adults have legal' penmssio~ to engage in seXUal actiwfies with teenagers as young as 14 years old. In 200L in the John Robin Sharpe pornography case, the Supreme Cotrrt gave adults permission to legally take pictures of these activifies. It is almost impossible to find a Cm~adian who believes adults should have legal protection to sexually use teenage children, yet the Government of Canada refuses to raise the age of consent. In recent years, laws have been proposed and passed, but they all have the age of consent [cophele. The lntemet Luring Law sounded g~od until one realizes that children 14 years and older give con,lint by continuing an Internet dialogue, and have no legal protection. It is illegal for an adult to pay a teenager for sex. That is called cl~ld prostitution. But, if the adult convinces the child to say "yes", the adult c~n legally EXAMPLES Kitchener, ON James Howard Knechtel, 48 years old was accused of sexually assaulting two 15 year old boys and l~-~sesmng child pornography. He was sentenced to six months in jail for possessing child pornography which ha showed the boys. But the judge could not 15 year old girl. Although he can legally have sex activity, he cannot show gae pictu~s to anyone, lle was showlng the pictores to someone else[ the regist~. p~daturs to the regishy. automallcally excluded from the regis ~ff. EXAMPLE Walter Jacobse~ who has a long list of sex crir~es dallng back to 1964, was brought to our ailenfion when he was released from prison to live in a halfway house In the neighbourhood of murdered young Holly Jones. Because of public outrage, he has In 1999, U.S. federal agents Ulm~asked an enormous child pbrnography ring in Texas. From the subscriber's credit card number~, international lists of child pornography users were compiled. 2,329 Canadian names were sent to Canada. Le~s than 5% of those names on the "project Snowball" list have been arrested. This is mainly because Canada does not have a national strategy dealing with pornography investigation and sentencing. Toronto Police have been speaking out about the lack of a Canadian National Strategy to fight child pornography. Staff Inspector Bruce Smolett said "It's a disgrace. We have a system that doesn't provide justice. Canada is viewed internationally as a safe haven for child pornography.' Detective Inspector Bob Matthews said "We certaiuly need more resources. This is a very daunting task when we go to investigate. Nmmerous police forces do not take any ac°don - they just have no idea how to deal with complex Internet issues and certainly do not have the resort ces.' Detective Sergeant Paul Gillespie said "We have to get our house in order. For Canadian police forces to keep pace there would have to be a co-ordinated strategy led by the RCMP and the federal govenm~ent. Last year the U.S. government cormnitted $200 million to assist federal agencie~ in combating child pornography on the lntemet. The FBI works with U.S. Customs and the U.S. postal services and conducts co-ordinated investigations with local police agencies. The United Kingdom's national °£ Signatures WRAP week October 19 - 26th, 2003 ° ORDER YOUR RIBBONS NOW! niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356-8080 Fax: 905/356-7004 September 18, 2003 Mayor Thomson and Members of City Council City of Niagara Falls Re: PUBLIC LIBRARY WEEK PROCLAMATION Ontario Public Library Week will be celebrated throughout our province l~om October 20 to 26, 2003. The Niagara Falls Public Library Board requests that City Council proclaim this week as Ontario Public Library Week in Niagara Falls. This year's theme is "Communities Alive ~ your library". I have enclosed a sample wording of the proclamation for the consideration of Council. We invite you and all residents to visit and use throughout the year our three libraries and our website www.nfpl.library, on.ca which is alive with a wealth of helpful and accessible information including our "Niagara Historic Digital Collections" which features an expanding local newspaper index and image database of photographs documenting the history of our community. Sincerely, Joe Longo Chief Librarian OCT 0 ro 2003 11-- magara digital collections Niagara F~IIs Public Library Simple Search All Databases Simple Search Select Database Advanced Search Select Database Welcome to the Digital Collection Website Please note that the Images and References databases are works in progress, and content may be limited. For more information, contact the Reference and Information Services Department. Use of this website signifies your acceptance of the Terms Of Use, The Digital Collections website is a comprehensive index of selected resources available in the Local History Collection at the Niagara Falls Public Library. This site will provide you with a starting point for your research -- whether it be researching a family history, local events or an important figure in Niagara's history. To begin, select an option above to search one or all of the databases. Or, click one of the links below to find out more about the collections: · Newspaper Index o Index to selected headlines and names from Niagara newspapers from 1905 to the present. · Image Database o Images, including photographs, postcards, negatives, daguerreotypes and digital images of selected print material. · Local History References Database o References to various forms of print material in the Local History Collection. · Name Finding Aid o Find common variations and search for names that 'sound the same'. · Local History Collection Catalogue o Search the catalogue of the Local History Collection Some content on this site is in Acrobat format You are visitor number 17,516 since Honday, July 3.5, 2002 The database was last updated Thursday, September 18, 2003, 3:10:13 PH Use of this website signifie~ your acceptance of the Terms Of Use, Copyright ©2001-2003, Niagara Falls Public Library. Contact Us http://www,nfpl.library, on.ca/nfplindex/ 9/18/2003 NIAGARA FALLS PUBLIC SECONDARY SCHOOLS September 24, 2003 Mr. Wayne Thompson Mayor, City of Niagara Falls City of Niagara 4310 Queen Street Niagara Falls, Ontario L2E 2K9 Dear Mr. Thompson: On Thursday, November 6, 2003, from 9:00a.m. - 8:00p.m., the public secondary schools in Niagara Falls will be hosting a Career Fair for all elementary and secondary students in the city, at the Optimist Club on Morrison Street. This unique event will feature displays, demonstrations and speakers from a wide variety of occupations, trades and professions. To date, we have 30 business groupings committed to participating in the event. The fair will be geared to elementary students in grade eight, secondary grade ten students, and is open to the general public from 3:30pm - 6:00pm. In all, we hope to host over 2500 students, parents and teachers in what is proposed to be an annual event. We will be encouraging students to remain in the Niagara Region upon graduation from high school and post secondary schooling. As part of the promotion, we are asking Niagara Falls City Council to declare the week of November 3 - 7, 2003 as Student Career Awareness Week. Take Your Kids to Work is on November 5th and the Career Fair on November 6t~. in addition, we would appreciate any support and/or sponsorship from Niagara Falls City Council for this event. The funds received will be used to purchase student passports, badges, bags, and other materials required to assist us to be well organized. Donors will be recognized on posters and promotional literature. All donations will be greatly received and of significant benefit to this community event. Thank you for your on-going support and should you have any questions, please contact me at Westlane, 905-356-2401 or email connie.dove@dsbn.edu.on.ca. Yours sincerely, Connie D. Dove Chair, N.F. Community Career Fair Administrator, Westlane Secondary School OCT 0 6 2.003 DISTRICT SCHOOL BOARD OF NIAGARA Community Services Department T .... f ~a · Parks, Recreation & Culture ne : ~',~' ~ _ 4310 Queen Street Niagora ~-(]lls ~J~,~ P.O. Box 1023 Con(Ida ~ 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-2003-62 Adele Kan Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2003-62 - Construction Tender for Niagara Falls Community Centre RECOMMENDATION: That Council accept the low tender to construct the Niagara Falls Community Centre (NFCC) submitted by Aquieon Construction Co. Ltd. of Brampton, Ontario and to direct staff to execute an agreement with Aquicon Construction Co. Ltd. for the negotiated price of $20,328,000.00 excluding GST. That Council authorize staff to direct the Project Architects, MacLeunan Jaunkalns Miller Architects and Chapman, Murray & Associates Architects to issue a Letter of Understanding to Aquicon Construction Co. Ltd., allowing the contractor to begin mobilization for construction, for their convenience and entirely at their own risk, pending the final execution of a Contract Agreement. BACKGROUND: Report R-2002-73 - Community Centre Update (December 2, 2002) provided Council with an update on various aspects of the project, including addressing the project budget and estimated construction costs. The total project budget established by Council included the following sources of capital: 2. 3. 4. $15 million - City of Niagara Falls $ 6 million - SuperBuild $ 1 million - YMCA $ 2 million - Capital Campaign Total $24 million Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services 13-- October 6, 2003 - 2 - R-2003-62 Estimated project costs in December 2002 included $20 to $21 million for building construction, a further $2 million for design and landscaping costs, approximately $1 million for site preparation, servicing and external road improvements. The forecasted project cost was therefore $24 million exclusive of GST. The Capital Campaign is a necessary contribution to the overall budget, as its success was always known to be a determining factor in the final quality and design of the NFCC. The project budget is based on the assumption that the Capital Campaign would gross $2 million as a contribution to the project. The YMCA, and Ketchum Inc., the professional fund-raising consultants that had been engaged to provide assistance with developing the campaign, were confident that such a goal was achievable in this community. The Capital Campaign continues to be confident that this goal is achievable and may be in a position to establish a further stretch goal in the future. Cost Estimates The Architects undertook cost estimates at several stages in the process and employed other expert fa'ms to provide additional cost estimates. At the completion of design, the estimated cost of construction ranged from $20,500,000 to $21,000,000. The estimates did not include GST. Tender Process The architectural design process was completed in June 2003 after a lengthy and thorough process .of input that included a Peer Review, two Open Houses, input from all the partnering organizations, mput from City staff, and meetings with the Mayor's Disability Advisory Committee. At this juncture a two-phase tendering process was initiated and managed by the Architects in accordance with generally accepted industry practices. The first phase involved a call for pre- qualifications of General, Mechanical, Electrical, and Pool Contractors. This process started on June 5, 2003 and was closed on June 24, 2003. From this process the Architects were able to establish a list of nine General Contractors who were pre-qualified and would be invited to make a tender bid. The call for tender bids was made on July 30, 2003. Mechanical and Electrical bids closed on September 3, 2003 and bids for General Contractors closed on September 4, 2003. Again, the process was managed by the Architects and supervised by the Clerk's Office. The City received 6 bids to construct the Community Centre ranging in cost from $20,410,000.00 to $21,987,000.00 exclusive of GST. In addition, the tender process also requested that the General Contractors provide alternative bid prices to a number of features of the Centre in order to give the City some alternative approaches to constructing the Centre if tenders should significantly exceed the projected construction budget of $21 million. The bids, in alphabetical order, were as follows: October 6, 2003 Aquicon Construction Co. Ltd. The Atlas Corporation Ball Construction Inc. Bondfield Construction Company Ltd. Eastern Construction Company Ltd. Merit Contractors of Niagara -3- $20,410,000.00 $20,870,000.00 $21,375,000.00 $21,178,000.00 $21,987,000.00 $21,455,000.00 R-2003-62 Review by the Design & Construction Committee The low bid was received from Aquicon Construction Co. Ltd. and is within the established construction budget of $21 million and within the forecasted estimates of the Architects. The Design and Construction Committee for the project established its construction budget of $21,000,000 as follows: Construction Cost Contingencies $20,750,000.00 $ 250,000.00 Total $21,000,000.00 Even though the low bid was within the established budget, the Committee decided that, in the best interests o fthe project, it was prudent to examine if cost efficiencies or contractor alternatives should be considered before the contract was awarded. The Committee undertook a comprehensive review of the Aquicon bid with the objective of establishing a contract price that was realistic and would not compromise the following principles: 1. Any approach to cost efficiencies must not compromise the design of the facility. 2. Any design changes must not increase the projected operations and maintenance costs of the Centre in excess of the benefit of the initial cost cutting measure. 3. The facility must be entirely functional from the first day of operations. 4. Any credits to construction changes must reflect a reasonable value for the item(s) being changed. In addition to examining if any cost savings could be realized from changes in the design or materials being used for construction without compromising the four principles, the Committee review also examined the possibility that there may be new, and possibly enhanced, sources of capital available. The evaluation resulted in two significant developments to improve the budget of the project. They include: The YMCA offered to review their capital contributions to the project. Further to this review, the YMCA subsequently agreed to absorb all the administration costs associated with undertaking the capital campaign. This is estimated to be an additional $250,000.00 that would October 6, 2003 - 4 - R-2003-62 be applied directly to the construction costs of the project. The Architects reviewed and negotiated with Aquicon Construction a number of altemative pricing options with regards to many aspects of the design for the Centre. As a result, they were able to make a number of recommendations that resulted in $82,000.00 in additional credits. Any further changes would require significant design changes and would likely incur further design costs that would negate any savings. The final result is that the negotiated contract price for having Aquicon Construction to complete the Niagara Falls Community Centre is $20,328,000.00 exclusive of GST. This price is within the established construction budget of $21 million accepted by Council in December 2002. Project Schedule Construction is expected to start this Fall. Aquicon Construction has indicated that they have the capability and the desire to start immediately. The Architects have suggested that a Letter of Understanding between themselves and Aquicon Construction could be signed immediately after the contractor provides satisfactory proof of insurance and bonding requirements. The Letter of Understanding would allow the Contractor, for their convenience, and entirely at their risk, to mobilize for construction and access the Community Centre site pending the final signing of a contract agreement. Staff recommends that this process be used to expedite a Fall start to construction and continue to keep the project on schedule. The Niagara Falls Community Centre continues to be scheduled for a Fall 2005 completion date, although the project team will continue to strive for an earlier completion date. Recommended by: ~dele Kon Director of Parks, Recreation & Culture SH/das Respectfully submitted: John MacDonald~ ~Cd~nin'~istrative Officer The Cily of Niagara Falls' Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca L-2003-66 R.O. Kallio City Solicitor October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-66 Privacy Protocol for Personal Information Records ("PIR") Our File No. 2002-71 RECOMMENDATION: That the Privacy Protocol for Personal Information Records attached as Schedule "A" to this report be adopted. BACKGROUND: Report L-2003-62, attached as Appendix "1" was deferred by Council at its meeting of September 8, 2003. Alderman Carolynn Ioannoni raised the issue as to whether or not there would be notification to an employee whose personal information was accessed by an officer of the City. The draft protocol permits the exchange of employee personal information for matters such as payroll purposes, health benefits claims, tax matters, legal issues and personnel issues where confidentiality is required and expected. Any request for personal information which does not fall into any of the above categories, must be submitted in writing to the Freedom of Information Coordinator with the justification for the information. The FOI Coordinator must then make a decision as to whether or not the personal information may be released, in accordance with the legal requirements of the Municipal Freedom of lnformation and Protection of Privacy Act (the "Act"). Therefore, the employee, whose information may be accessed, is protected in two ways. Firstly, there are the legal requirements of the Act which must be followed. Secondly, if Council adopts the Privacy Protocol for PIR, there is a very clear procedure for accessing personal information. Only Clerks · Finance Working Together to Serve Our Community Human Resoumes · Information Systems · Legal · Planning & Development October 6, 2003 - 2 - L-2003-66 if the requirements of the Protocol are satisfied will the information be released. It must also be remembered that if personal information is released, it must be always be treated confidentially by the person who receives it and either returned or destroyed when the person is finished with it. If notice is required to be given to an employee when there is a request made for personal information, there could be practical difficulties. Ifa manager needs to look at a file for disciplinary purposes, should he or she give notice to the employee before or after a decision is made to discipline the employee? If before, there is needless stress because there may not be any discipline. If after, the employee will already have known about the request for personal information and the notice will appear redundant. A manager may need the personal information for the purposes of job promotion. By notifying the employee of the request for personal information, does it appear to the employee that he or she is being singled out for preferential or detrimental treatment? Do you give reasons with the notice to the employee? The giving of notice could affect the operational functioning of the City. If adopt~vacy Protocol would be effective immediately. cR.~ Solicitor~lm 7TM ~ ~h~a~i~st rative O ffi cald ~ Approved by: T. Ravenda Executive Director of Corporate Services ROK/sm Attach. SCHEDULE "A" Privacy Protocol for Personal Information Records (PIR) The City of Niagara Falls is committed to the principle that personal information records in the custody and control of the City shall remain confidential unless disclosed in strict compliance with the Municipal Freedom of lnformation and Protection of Privacy Act (the "Act"). This protocol shall apply to the Mayor, the Members of Council, officers of the Corporation, employees of the Corporation and third parties. Section 32(1) of the Act provides that, Personal information in the custody or control of an institution shall not be disclosed except, in accordance with the provisions of the Act if the person to whom the information relates consents for the purpose for which it was obtained or for a consistent purpose if the disclosure is made to an officer or employee of the institution for the performance of his or her duties and disclosure is necessary and proper if authorized by law to aid in a law enforcement investigation for compelling health and safety reasons in compassionate circumstances to locate next of kin Personal information is defined in the Act to mean recorded information about an identifiable individual, including, · information relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status · education, medical, psychiatric, criminal or employment history or financial transactions · any identifying number or symbol assigned to the individual · address, telephone number, fingerprints or blood type -2- Procedures for obtaining PIR Any requests for PIR concerning the Mayor, a Member of Council, an employee or job applicant shall be sent to the Freedom of Information Coordinator except for the £ollowing: · PIR required for payroll purposes, health benefits claims, tax matters or similar employment requirements legal issues involving PIR where confidentiality is required and expected · personnel issues involving PIR where confidentiality is required and expected Any request for PIR shall be in writing and shall be accompanied by the following: · the reason(s) why the P1R are required · the purpose for obtaining the PIR ,- why the PIR are necessary and proper in the discharge of the City's functions The FOI Coordinator shall review the request for PIR and shall advise the requester of his/her decision, which decision shall be final. Corporate Services Department lhe City of [[Jl4 Legal Services '" r F II I1~. _ 4310 Queen Street INiclga cl cl syJ~, P.O. Box 1023 Canad~J~ Niagara Falls, ON L2E 6X5 ~'~ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-mail: rkallio@city, niagarafalls .on.ca L-2003-62 R,O. Kallio City Solicitor ~THIS MATTER DEFERRED BY COUNCZL J September 8, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re-' I.-2003-62 Privacy Protocol for Personal Information Records ("PI_R") Our File No. 2002-71 X RECOMMENDATION: That the Privacy Protocol for Personal Information Records as set out in Schedule "A" attached hereto be adopted. BACKGROUND: At its meeting of June 16, 2003, Council adopted the recommendations of a Report from the Privacy Commission dated May 27, 2003, which dealt with a privacy complaint. One of the recommendations was that the City should establish and adopt a protocol for the handling and releasing of personal information of employees. The proposed Privacy Pmtoenl for Personal Information Records attached as Schedule"A" attempts to strike a balance between the rights of employees to privacy and permitting the work of the Corporation to continue in ordinary or repetitive matters involving personal information of employees. Recommendations 1 and 2 of the Privacy Report have already been complied with in that every Member of Council and employee has received or has had made available a copy of the Report of the Privacy Commission and, as well, all Members of Council have received the Councillor's I~orking Together to Serve Our Community Clerks Finance Human Resoumes Information Systems Legal · Planning & Development September 8, 2003 handbook deve City Solicitor ~ed by the City of Ottawa. -2- Respectfully submitted: John MacDonald Chi&Administrative Officer L-2003-62 Approved by: T. Ravenda Executive Director of Corporate Services ROK/sm Attachment SCHEDULE "A" Privacy Protocol for Personal Information Records (PIR) The City of Niagara Falls is committed to the principle that personal information records in the custody and control of the City shall remain confidential unless disclosed in strict compliance with the Municipal Freedom of Information and Protection of Privacy Act (thc "Acf'). Section 32(1) of the Act provides that, Personal information in the custody or control of an institution shall not be disclosed except, in accordance with the provisions of the Act if the person to whom the information relates consents for the propose for which it was obtained or for a consistent purpose if the disclosure is made to an officer or employee of the institution for the performance of his or her duties and disclosure is necessary and proper if authorized by law · to aid in a la~' enforcement investigation for compelling health and safety reasons in compassionate circumstances to locate next of kin Personal information is defined in the Act to mean recorded information about an identifiable individual, including, · information relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status · education, medical, psychiatric, criminal or employment history or financial transactions · any identifying number or symbol assigned to the individual address, telephone number, fingerprints or blood type -2- Procedures for obtaining PIR Any requests for PIR concerning thc Mayor, a Member of Council, an employee or job applicant shall be in writing and sent to the Freedom of Information Coordinator except for the following: PIR required for payroll purposes, health benefits claims, tax matters or similar employment requirements · legal issues involving PIP, where confidentiality is required and expected · personnel issues involving PIP. where confidentiality is required and expected Any request for PIR shall be in writing and shall be accompanied by the following: · the reason(s) why the PIR are required · the purpose for obtaining the PIR · why the PIR are necessary and proper in the discharge of the City's functions The FOI Coordinator shall review the request for PIR and shall advise the requester of his/her decision, which decision shall be final. The City of Niagara Fails' 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-2003-70 R. 0. Kallio City Solicitor October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003~70 Lands to be Declared Surplus Part of Falls Industrial Park Our File No. 2003-190 RECOMMENDATION: That the City-owned industrial lands located in the south end of the City and set out in the sketch attached to this report as Appendix "1" be declared surplus and further that staff be authorized to continue the process ora possible sale of the said lands and to submit a further report to Council. BACKGROUND: The City has received a letter from the lawyer for a developer who is interested in acquiring approximately 61 acres of industrial lands owned by the City in the Falls Industrial Park. Attached as Appendix "1" is a copy of the said letter. Staff would recommend that Council declare the land surplus at this time and direct Staff to prepare and submit a full report of any offer to purchase received from the developer for the said lands. Our sale procedure by-law requires that the lands be declared surplus, an appraisal be obtained and that notice be given of any proposed sale. No decision would be made by Council until it has for its consideration a report setting out the appraised value and the terms of any offer to purchase. Working Together to Serve Our CommuniO~ Clerks Finance Human Resources Information Systems · Legal · Planning & Development October 6, 2003 - 2 - L-2003-70 Declaring the lands surplus would be the first step in any sale but Council would reserve the right to consider and accept or reject any offer to purchase which is submitted. ]~ Mar~ Moi¥on-e Law Clerk Respectfully submitted: J]ohn MaAd~?ni~saltxdative Officer Re ~by: ~ KallYo Cit~ Solicitor Approved by: T. Ravenda Executive Director of Corporate Services 4625 ONTARIO AVEN~E POST OFFICE BOX 897 NIAGARA FALLS. ONTARIO CANADA L2E 6V6 T~L (9O5) JJ. BRODERICK, * Q.C., L.S.M. WA. AMADiO J.B. HOPKINS GA. KIRXHAM LM. GILBEitTI t R. B. BURNS M. DiG~,,0LAMO D.F. MARINELLI (1~- 1997) September 30, 2003 LEGAL DEPT, SEP 3 0 2003 The Corporation of the City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 ACTION COPY Attention: Mr. John MacDonald Chief Administrative Officer Dear Sir: Re: 61 acre "Surplus" Industrial Park Lands Please be advised we act as solicitors for 1149962 Ontario Limited who through itself or another company for which it will act as trustee, is interested in acquiring certain "surplus" industrial park lands currently owned by the City of Niagara Falls. This 61.2 acre parcel of land is located in the south end of the City and is outlined in Schedule "A" attached hereto. As per our client's ongoing inquiries with City Staff, we kindly request that you have these lands officially declared as "surplus" lands, as soon as possible, in order that our client can continue the process of negotiating a price, based upon an appraisal report conducted by your appraiser of preference, D.J. Penwarden Appraisals Ltd., a copy of which was previously delivered to Mr. Serge Felicetti. We shall await your reply and thank you for your attention herein. Yours very truly, . ~~~..arrA M?/GILBERTI End. cc. Mr. Nick Matovic cc. Mr. Serge Felieetti cc. Mrs. Mary Morrone /' X Z SEP 29 2003 15:58 HP LRSERJET 3200 EXHIBIT D PLAN H-67 L.U I~,LLS INDUSTRIAL 35 2?' 26 PARK ~-×.'~'N. G g .- I! The Cify of Niagara FallsI Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6×5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on,ca MW-2003-181 Ed Dujlovic, P. Eng. Director October 6, 2003 His Womhip Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Membem: Re: MW-2003-181 Tender #14-2003 New Equipment Purchases RECOMMENDATION It is recommended that the following bidders be awarded the respective new equipment tenders for vehicles as follows: 1) Autoland Chrysler Ltd., Niagara Falls, for two (2) Midsize 4-Door Sedans in the amount of $44,493.50; and 2) Day Ford Lincoln for four (4) Pickup Tracks in the amount of $87,271.20, 3) one (1) Single Axle 10,000 lb. GVW Dump Box & Hoist in the amount of $53,088.60, 4) one (1) Single Axle Extended Cab with Utility Body in the amount of $51,616.60, and 5) one (1) Single Axle Crew Cab with Utility Body/Superstructure in the amount of $77,895.25 for a total of $269,871.65. BACKGROUND Tenders were opened by the Tender Opening Committee on Thursday, September 26, 2003 with the City Clerk in attendance. Staff recommends that the tenders be awarded to bidders as listed on the attached Tender Summary. All successful bidders and their vehicles meet specifications as outlined in tender documents. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building & By-Laws MW-2003-181 - 2 - October 6, 2003 The low tender from Performance Chrysler for one (1) Single Axle 10,000 lb. GVW Dump Box & Hoist did not meet specifications. Therefore, it is recommended that the tender from Day Ford Lincoln be accepted. Tenders documents included the purchase of one (1) Short Wheelbase Mini-Van. No bids were received. Tenders prices were received for one (1) 4-Wheel Drive Tractor but it has been decided to purchase this particular piece of equipment at a later date. Total cost of this portion of the 2003 New Equipment Tender is $314,365.15. Sufficient funds are available in this year's budget to cover the pumhase of these vehicles. Council's approval of the recommendation and information contained in this report would be appreciated. Butch Hummell Operations Superintendent Recommended by: Ed Dujlovic, P.Eng. Director of Municipal Works /gkf attach. h:~r~poFts~vl W- 2003 - 18 lnew equipment purchase.wpd Respectfully submitted: onald ' Chief Administrative Officer TENDER #14-2003 NEW EQUIPMENT PURCHASES TENDER SUMMARY Total Price including All Costs per Item Company .4utoland Chrysler Ltd. 4060 Montrose Road Niagara Falls, ON L2G 1S7 Brock Ford Motors 4500 Drummond Road Niagara Falls, ON L2E 6C7 Performance Chrysler 357 Ontario Street St. Catharines, ON L2R 7A7 Day Ford Lincoln 169 Hartzel Road St. Catharines, ON L2P 1G2 Ed Learn Ford Sales Ltd. 375 Ontario Street St. Catharines, ON L2R 7P7 Item #1 Two (2) Only Mid-Size 4-Door Sedans $50,054.90 Item #2 Four (4) Only Pickup Trucks Item #3 $97,414.20 $108,624.40 One (1) Only Single Axle 10,000 lb. GVW Dump Box & Hoist $53,638.30 Item g4 One (1) Only Single Axle Extended Cab wRh Utility Body Item #5 One (1) Only Single Axle Crew Cab with Utility Body/ Superstructure $44,919.00 $95,102.70 $48,129.80 Does Not Meet Specs $47,508.80 $48,780.70 $88,798.40 $54,199.56 $52,362.95 $79,060.20 Corporate Services Department The City of Finance Division l~l~ 4310 Queen Street Niogclro Follslll~ P.O. Box 1023 Canoda J.~ Niagara. Falls, ON . L2E. 6X5 n Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca F-2003-44 Kenneth E. Burden Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City &Niagara Falls, Ontario Members: Re: F-2003-44 - Final Tax Notice Due Dates for Accounts with Commercial, Industrial, and Multi-Residential Assessments RECOMMENDATION: That October 31 be approved as the 2003 Final Due Date for the Commercial, Industrial, and Multi-Residential Assessment Classes. BACKGROUND: When due dates were set for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes, staff indicated that recommendations for the Final Due Dates for the Commercial, Industrial and Multi-Residential Assessment Classes would be forthcoming once the capping calculations had been completed under Bill 140. As these calculations have been received, staff is recommending a due date of October 31 for these Classes. A By-law, recording this due date by amending the 2003 Levying By-law, has been prepared for Council's adoption. Prepared by: A. Felicetti Revenue Supervisor Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: K.E. Burden Director of Finance Respectfully submitted: Working Together to Serve Our Community Clerks · Finance · Human Resoumes Information Systems · Legal Planning & Development Corporate Services Department Finance Division The City of I~l~ 4310 Queen Street Foils l .f P.O. Box 1023 Niogor(] ~~'anada '-- Niagara Fails, ON L2E 6X5 web s~te: www.c~ty.magarafal[s.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca F-2003-45 Kenneth E. Burden Director October 6, 2003 His Worship, Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2003-45 - Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totalling $15,689,846.01 for the period ending October 6, 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: / acDo Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Working Together to Serve Our Community Clerks · Finance · Human Resoumes Information Systems Legal · Planning & Development CZTY OF NZAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name The of AP5200 Cheque No Cheque Date Purpose Page : 1 Amount 1238956 ONTARIO INC T/A EDWARD P LUS]/G CONSULTING 278598 2 GUY'S GLASS INC 278599 942352 ONTARIO LIMrFED O/A BRISK ALL GLASS & SAFETY S! 278447 ACCU LOCK AND SECURITY 278448 ACCU LOCK AND SECURITY 278601 ADT SECURITY SERVICES CANADA INC 278602 ADVANCE TOWING 278449 ADVANCE TOWING 278603 AFHLIATED CUSTOMS BROKERS LTD 278604 AIR CARE SERVICES 278450 AIR CARE SERVICES 278605 AIR LIQU]DE CANADA INC 278451 AKALA, KAREN 278606 ALL GREEN IRRIGATION 278607 ARCHAEOLOGICAL SERVICES INC 278608 AUTO FX GRAPHICS AND SIGNS 278452 AZON CANADA LTD 278453 BARCLAY & TODD'S 278454 BARCLAy & TODD'S 278609 BCE EMERGIS INC 278455 BELAIR RECREATIONAL PRODUCTS INC 278457 BELL CANADA 278458 BELL CANADA 278610 BELL CANADA 278611 BELL MOBIL]TY 278459 BICKLE MAIN INDUSTRIAL SUPPLY 278612 BIGGINS, B 278614 BOYS & GIRLS CLUB OF NIAGARA 278616 BRINDA, ED 278460 BRINKS CANADA LTD 278461 BRUNKE,DARRELL 278617 BUNTIN REID 278618 BURKE, PATRICK 278462 BURN,JAMES 278619 C R L CAMPBELL CONSTRUCTION & DRAINAGE LTD 278638 CAMPBELL, WAYNE 278463 CANADA BUILDING MATERIALS CO 278620 CANADIAN DOOR DOCTOR 278464 CANADIAN LEAK DETECTION ~ 278465 CANADIAN LINEN AND UNIFORM SERVICE 278466 CANADIAN LINEN AND UNIFORM SERVICE 278621 CANADIAN PORTABLE SERVICES 278622 CAPRI RESTAURANT & TAVERN 278623 CARTER CAR & TRUCK RENTALS 278468 CHARLES JONES INDUSTRIAL LTD 278625 CHIPPAWA AUTOBODY LTD 278626 CHUNG,VINH-BANG 278627 CIBC 278469 CIBC 278628 C[T FINANCIAL LTD 278470 C~- FINANCIAL LTD 278629 CITY OF NIAGARA FALLS 278471 CITY OF NIAGARA FALLS 278472 CITY OF NIAGARA FALLS 278630 CITY OF ST CATHARINES 278631 COGECO CABLE CANADA INC 278473 COGECO CABLE CANADA INC 278632 COLLINS SAFETY O/A 3077225 CANADA INC 278474 COMMUNITIES IN BLOOM 278634 3O-Sep-2003 30-Sep-2003 MATERIALS 23-Sep-2003 MATERIALS 23-Sep-2003 MATERIALS 30-Sep-2003 MAINTENANCE AND REPAIRS 30-Sep-2003 CONTRACT SERVICES 23-Sep-2003 CONTRACT SERWCES 30-Sep-2003 CONTRACT SERVICES 30-Sep-2003 ADMINISTRATIVE 23-Sep-2003 MAINTENANCE AND REPAIRS 30-Sep-2003 MAINTENANCE AND REPAIRS 23-Sep-2003 MATERIALS 30-Sep-2003 MATERIALS 30-Sep-2003 MAINTENANCE AND REPAIRS 30-Sep-2003 CONSULTING SERVICES 23-Sep-2003 MATERIALS 23-5ep-2003 EQUIPMENT 23-Sep-2003 MATER]ALS 30-Sep-2003 SUPPLZES 23-Sep-2003 UTILITIES 23-Sep-2003 EQUIPMENT 23-5ep-2003 UTILITIES 30-5ep-2003 UTILITZES 30-Sep-2003 UTILITIES 23-Sep-2003 UTIL]TIES 30-Sep-2003 MATERIALS 30-Sep-2003 ADMINISTRATIVE 30-Sep-2003 GRANT 23-Sep-2003 REFUND 23-Sep-2003 CONTRACT SERVICES 30-Sep-2003 REFUND 30-Sep-2003 SUPPLIES 23-Sep-2003 MATERIALS 30-Sep-2003 ADMINISTRATIVE 30-Sep-2003 MATERIALS 23-Sep-2003 ADMINISTRATIVE 30-Sep-2003 MATERIALS 23-Sep-2003 MAINTENANCE AND REPAIRS 23-Sep-2003 CONTRACT SERVICES 23-Sep-2003 MATERIALS 30-Sep-2003 MATERIALS 30-Sep-2003 LEASES AND RENTS 30-Sep-2003 ADMINISTRATIVE 23-Sep-2003 LEASES AND RENTS 30-Sep-2003 MATERIALS 30-Sep-2003 MAINTENANCE AND REPAIRS 30-Sep-2003 REFUND 23-Sep-2003 REFUND 30-Sep-2003 REFUND 23-Sep-2003 LEASES AND RENTS 30-Sep-2003 LEASESAND RENTS 23-Sep-2003 REMITTANCE 23-Sep-2003 MATERIALS 30-Sep-2003 MATERIALS 30-Sep-2003 LEASES AND RENTS 23-Sep-2003 UTILITIES 30-Sep-2003 LrT[Lrl/ES 23~Sep-2003 MATERIALS 30-Sep-2003 ADMINISTRATIVE 38,147.34 1,312.10 1,205.09 272.13 780.03 83.59 369.15 96.30 136.79 1,806.37 2,334.15 64.98 18.34 1,209.64 863.10 1,175.17 20,930.00 166.71 64.50 75.25 1,650.25 5,621.89 1,831.05 277.03 132.55 6.90 45.00 15,991.67 100.00 828.35 250.00 1,582.64 102.52 43.67 2,260.38 1~086.65 1,333.25 369.15 802.50 100.96 109.93 1,310.75 220.11 1,446.70 627.03 1,828.04 100.00 230.27 838.14 341.87 5,235.38 24,694.50 534.00 108,968.40 4,584.00 96.20 155.05 115.00 417,30 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Supplier Name lhe Cilyol AP5200 Cheque No Cheque Date Purpo~ Page : 2 Amount COPYMAN PRINT SHOP CORSARO CLASSIC ENGRAVING INC COSTELLO, BRIAN COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CUPE LOCAL 133 CUPE LOCAL 133 D ,3 PENWARDEN APPRAISALS D .1 PENWARDEN APPRAISALS DAMICO,LORENZO DAVID SCHRAM & ASSOCIATES DAVID SCHRAM & ASSOCIATES DE LA RUE CASH SYSTEMS INC DEGIULI,NAT DESIGN ELECTRONICS DIRECT IT CANADA INC DISTRICT SCHOOL BOARD OF NIAGARA DOUGLAS,3AMIE DREW CANADA E S FOX LIM~-ED E3 LABORATORIES ENBRIDGE ENSIGN ELECTRONIC ALARM SYSTEMS FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD & ZIPPO CANADA SALES FENCAST INDUSTRIES LTD FIRESERVICE MANAGEMENT LTD FIRST VANCOUVER FINANCE FORT ERIE MINOR LACROSSE FRANK .1 ZAMBONI & CO LTD GABRIELES CUSTOM CATERING GALL & ASSOCIATES GALT KNIFE CO LTD GAYLOR, DOUGLAS GB ENVIRONMENTAL SERVICES NIAGARA LTD GIRHNEY,FRANK GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUNO GROUND AERIAL MAINTENANCE LTD GRUNINGER,STEVEN GT FRENCH PAPER LIMITED HALF WAY SAND PIT LIMITED HAMILL MACHINE COMPANY INC HARRISON,TODD HECO HECO HENDERSON RECREATION EQUIPMENT LIMITED HIBBARD, PAUL HICKS MORLEY HAMILTON STEWART STORIE LLP HIGGINS,FRANK HILL, L HILL BOLES LTD HILL BOLES LTD HIMES,DAVID HUMMELL, HAROLD 2~8635 278475 278636 278637 278476 278477 278639 278481 278646 278640 278478 278641 278644 278642 278645 278479 278480 278482 278483 278487 278484 278485 278486 278488 278649 278650 278489 278651 278652 278654 278492 278655 278493 278656 278658 278659 278660 278494 278661 278495 278662 278496 278497 278663 278498 278499 278500 278665 278501 278666 278502 278667 278668 278669 278504 278503 278670 278671 278672 30-Sep-2003 23-Sep-2003 30-Sep-2003 30-Sep-2003 23-Sep-2003 23-Sep-2003 30-Sep-2OO3 23-Sep-2003 30-Sep-2003 30-Sep-2003 23-Sep-2Oo3 30-Sep-2003 30-Sep-2003 30-Sep-2003 30-5ep-2003 23-5e)-2003 23-Se )-2003 23-Se)-2003 23-.Se)-2003 23-Se)-2003 23-Se~2003 23-Se }-2003 23-Se )-2003 23-Se )-2003 30-Se)-2003 30-Se)-2003 23-Se >2003 30-Se )-2003 30-SE )-2003 30-Se>2003 23-Se>2003 30-S~>2003 23-S~>2003 30-S~ >2003 30-S~ >2003 30-S~ >2003 30-S~ ~-2003 23-S~>2003 30-S~>2003 23-S~-2003 30-SE-2003 23-SE ,-2003 23-S( ,-2003 30-S~ ,-2003 23-S( ,-2003 23-S( ~-2003 23-S~ ~-2003 30-S~ ~-2003 23-Se ~-2003 30-Se ~-2003 23-Se ~-2003 30-Se ~-2003 30-Se ~-2003 30-Se ~-2003 23-Se ~-2003 23-Sel-2003 30-Se~-2003 30-Se ~-2003 30-Se ~-2003 SUPPl.[ES CONTRACT SERVICES ADMINISTRATIVE MATERIALS ADMINISTRATIVE REMIq-rANCE REMIITANCE ADMINISTRATIVE ADMINISTRATIVE REFUND CONSULTING SERVICES CONSULTING SERVICES MATERIALS REFUND EQUIPMENT CONSULTING SERVICES REMI~FANCE ADMINISTRATIVE MATERIALS REFUND CONTRACT SERVICES UTILrF[E5 CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS SUPPLIES MATERIALS MAINTENANCE AND REPAIRS MATERIALS REFUND MATERIALS ADMINISTRATIVE CONSULTING SERVICES MAINTENANCE AND REPAIRS REFUND MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS REMITFANCE MATERIALS REFUND MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS MATERIALS REFUND MATERIALS 27.60 17,933.61 418.04 831.16 5,107.75 3,080.24 3,095.21 3~595.20 240.75 750.00 8,950.91 7,753.76 627.60 100.00 11~5.05 3,Bll.88 6,480,176.00 215.97 597.90 28,693.57 1,264.46 1,668.13 256.80 4,353.74 480.45 1,072.26 158.19 116.62 2,279.56 1,399.32 8.15 82.40 6,095.73 151.80 250.00 175.38 1,116192 1,408.52 1,045.75 16.00 2,803.80 73.40 414.00 250.00 154.70 447.93 342.70 244.55 564.91 789.96 1,895.20 45.00 524.30 542.70 750.00 1,192.53 654.96 100.00 171.26 CZTY OF N1rAGARA FALLS page: 3 HUN[C[PAL ACCOUNTS Supplier Name C /0f APS200 Cheque No Cheque Date Purpose Amount HY GRADE PRECAST CONCRETE ICI ~,NADA INC IOANNONI,CAROLYNN JAMES G ARMOUR & CO LTD JAMES G ARMOUR & CO LTD `IESSOP, JIM .1ET ICE LTD `lOE `IOHNSON EQUIPMENT `IOSEPH NICOL~ I I ! BARRISTER & SOLICITOR IN TRUST KAN DU POOLS LTD KWALITY SIGN INC LAFARGE CANADA INC LAFARGE CANADA INC LALICICH,GEORGE LAUR~JOHN LE CONSEIL SCOLAIRE DE DISTRICT LE CONSEIL SCOLAIRE DE DISTRICT LEWANDOSKY,ANITA& LEWANDOSKY, JOHN LEXISNEXIS CANADA INC LIGHTHOUSE NIAGARA RESOURCE CENTRE MACDONALD,JOHN MATSON MCCONNELL LTD MCANDREWS AIR LTD MCRAE,CHRIS MCRAE, LEN ME OLSEN 1TI-LES INC MEDCON MECHANICAL LTD MEDCON MECHANICAL LTD MEDSET SPECIALTIES LTD METRO PLUMBING & HEATING MICRON INSTALLATIONS LIMITED MILOJEVICH,RODNEY MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF TRANSPORTATION MINISTRY OF A'?FORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MOBILE COMMUNICATION SERVICES MODERN LANDFILL INC MODERN LANDFILL INC MONTGOMERY, HAROLD& MONTGOMERY, PATRICIA MONTGOMERY BROS & NORTHLAND SUPPLY MORTON,DALE MUNICIPAL WORLD INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA CREDIT UNION NIAGARA CREDIT UNION NIAGARA DISTRICT GIRLS HOCKEY ASSOCIATION NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS AVIARY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY 278673 278505 278506 278507 278674 278675 278508 278676 278677 278509 278679 278510 278680 278511 278681 278512 278513 278682 278514 278684 278686 278687 278516 278517 278689 278692 278518 278690 278691 278519 278520 278694 278521 278523 278524 278525 278696 278697 278698 278522 278695 278699 278526 278700 278702 278527 278703 278704 278528 278530 278705 278531 278538 278711 278712 278533 278534 278535 278706 30-S( ,-2003 23-S( ,-2003 23-S( ,-2003 23-S( ~-2003 30-S( ,-2003 30-S( ,-2003 23-S( ,-2003 30-S( p-2003 30-S( ,-2003 23-S( ,-2003 30-S( ,-2003 23-S( ,-2003 30-S( ,-2003 23-S~ .-2003 30-S~ -2003 23-S~ .-2003 23-S( 0-2003 30-Sep-2003 23-Se >2003 30-S~ >2003 30-S( >2003 30-Se >2003 23-Se >2003 23-S( >2003 30-S( >2003 30-S( >2003 23-S( >2003 30-S~ >2003 30-S( >2003 23-S~ >2003 23-S~ >2003 30-Se )-2003 23-Se )-2003 23-S~ >2003 23-S~ >2003 23-S~ >2003 30-S~ >2003 30-S( >2003 30-S~ )-2003 23-S~ )-2003 30-S( >2003 30-S~ )-2003 23-Se )-2003 30-S~ >2003 30-S~ )-2003 23-S~ )-2003 30-S~ >2003 30-S~ )-2003 23-Se >2003 23-S~ >2003 30-Se >2003 23-S~ >2003 23-S~ )-2003 30-S )-2003 30-Se >2003 23-Se )-2003 23-Se )-2003 23-Se )-2003 30-Se )-2003 MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE MATERIALS EQUIPMENT ADMINISTRATIVE MAINTENANCE AND REPAIRS REFUND MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS ADMINISTRATIVE ADMINISTRATIVE REFUND MAINTENANCE AND REPAIRS REFUND REFUND ADMINISTRATIVE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS ADMINISTRATIVE REMITTANCE REMITTANCE ADMINISTRATIVE REMIIT'ANCE MATERIALS ADMINISTRATIVE ADMINISTRATIVE REMI~-I-ANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE REMITFANCE REFUND ADMINISTRATIVE REMITTANCE REMIl-fANCE REMITTANCE ADMINISTRATIVE GRANT ADMINISTRATIVE CONTRACT SERVICES 13,785.88 264.91 50.00 3,467.25 2,311.50 90.00 3,889.50 2,355.24 460.10 5,885.00 279.75 33.59 1,407.86 500.00 45.00 1L0,927.00 205,826.00 284.62 200.63 8,500.00 343.10 750.00 1,892.31 100.00 60.00 406.90 218.81 1,843.02 75.86 801.97 1,983.89 45.00 150.00 40,207.27 433.04 575.72 49.99 30,476.50 10,799.25 1,762.44 1,762.44 80.50 1,519.07 1,752.83 1,193.09 26.45 164.36 9.49 3,361,797.00 14,229.00 14,637.50 300.00 1,745.17 1,745.17 2,993.42 604.00 30,083.33 40.00 1,295.85 CYTY OF NIAGARA FALLS Page: 4 MUNICIPAL ACCOUNTS Supplier Name ,,~e, C~ of b, AP5200 Cheque NO Cheque Date Purpose Amount NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS IGA NIAGARA FALLS TAILORING NIAGARA FALLS TOURISM NIAGARA FASTENERS NIAGARA REGIONAL POLICE SERVICE NIAGARA SHEET METAL NIAGARA SHOPPING NEWS NIAGARA SOUND SYSTEMS NORM'S VACUUM NORTHSTAR CONSTRUCTION O & Y REIT HOLDINGS INC OACAO CONFERENCE 2003 OCCASIONS IN NIAGARA OMERS ONTARIO GYM & SPORTS PALMER, WENDALL PARKSMART PEARCE,TAMMY PORTER, BRE-Iq- PRAXAIR PRO3 ECT SHARE PROVINCIAL LANDSCAPING PURE WATER PUROLATOR COURIER PUROLATOR COURIER R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RECEIVER GENERAL RECEIVER GENERAL RECREATiONAL PLAYSYSTEMS REECE,CARLA ROCHESTER HIDLAND LIMITED ROGERS WIRELESS INC ROSENBLATT, EDIE ROSS, PHILIP ROYAL BANK SAFETY EXPRESS LTD SAFETY KLEEN CANADA INC SAVANOVIC,ZORICA SCOTIABANK SCOTIABANK SCOTIABANK SERAFINO HOMES SER]ANNI CONSTRUCTION LTD SHELTON~MARK SIGNATURE SIGNS S[TU,YONG RUI SUPERIOR PROPANE INC TASKER,SARAH 3 TELLIER, MIKE TELUS HOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC THE CAMERA PLACE FOTO SOURCE THE ENVIRONMENTAL FACTOR INC 278536 23-Se 278537 23-Se 278707 30-Se 278708 30-Se 278709 30-Se 278539 23-Se 278540 23-Se 278713 30-S~ 278714 30-Se 278715 30-Se 278541 23-Se 278542 23-S~ 278716 30-S~ 278717 30-S~ 278545 23-SE 278543 23-S( 278718 30-S~ 278719 30-S~ 278544 23-S~ 278720 30-S( 278721 30-S( 278722 30-S~ 278546 23-~ 278547 23-~ 278548 23-SE 278723 30-S( 278724 30-~ 278549 23-~ 278725 30-Se~ 278558 23-Se 278726 30-Se 278550 23-Se 278727 30-Se 278728 30-Se 278551 23-Se 278559 23-Se 278560 23-Se 278561 23-Se 278730 30-Se 278562 23-Se 278564 23-Se 278563 23-Se 278565 23-Se 278567 23-Se 278568 23-Se 278732 30-Se 278733 30-Se 278734 30-Se 278736 30-Se 278569 23-SE 278737 30-S~ 278739 30-S~ 278740 30-S( 278572 23-56 278742 30-S( 278573 23-S( 278743 30-S( 278574 23-5( 278744 30-S( )-2003 REMITrANCE )-2003 UTILITIES )-2003 REMTrrANCE )-2003 UTILITIES )-2003 ADMINISTRATIVE )-2003 MATERIALS )-2003 GRANT )-2003 MATERIALS )-2003 ADMINISTRATIVE >2003 MATERIALS >2003 ADMINIS'IRATIVE >2003 MAINTENANCE AND REPAIRS )-2003 MATERIALS )-2003 CONTRACT SERVICES >2003 ADMINISTRATIVE >2003 ADMINISTRATIVE >2003 MATERIALS >2003 REMI'I-rANCE D-2003 MATERIALS ;-2003 REFUND -2003 MATERIALS ,-2003 ADMINISTRATIVE ,-2003 MAINTENANCE AND REPAIRS ,-2003 MATERIALS -2003 GRANT ~-2003 CONTRACT SERVICES ~-2003 MATERIALS ~-2003 ADMINISTRATIVE ~-2003 ADMINISTRATIVE ~-2003 MATERIALS ~-2003 MATERIALS ~-2003 REMH-rANCE 1-2003 REMITTANCE ~2003 ADMINISTRATIVE ~-2003 ADMINISTRATIVE 1-2003 SUPPLIES )-2003 UTIliTIES ;-2003 REFUND )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 MATERIALS )-2003 MATERIALS )-2003 ADMINISTRATIVE )-2003 ADMINISTRATIVE )-2003 REMTITANCE )-2003 MATERIALS )-2003 REFUND )-2003 CONTRACT SERVICES )-2003 REFUND )-2003 MATERIALS >2003 REFUND >2003 MATERIALS -2003 REFUND >2003 REFUND 3-2003 CONTRACT SERVICES >2003 MATERIALS >2003 CONTRACT SERVICES ~-2003 MATERIALS -2003 MATERIALS 4,032.01 34,718.83 5,331.04 71,870.00 37.29 53.50 80,416.67 86.37 750.00 345.00 1,372.90 96.30 132.25 577.80 3,422.54 250.00 51.18 88,927.56 747.22 200.00 298.71 38.44 1,400.00 282.75 7,916.67 3,553.47 110.00 395.25 188.35 363.57 632.73 148,179.57 146,611.28 500.00 211.60 442.98 85.56 508.00 45.00 1,160.01 958.82 616.86 2,000.00 121,975.89 552.00 1,670.50 750.00 26,943.51 750.00 345.00 574.68 51.24 44.00 91.99 492.13 1,123.55 155.25 163.30 4,749.25 CI'TY OF NI'AGARA FALLS Page: 5 MUNICIPAL ACCOUNTS Supplier Name ~e C~ of b, AP5200 Chegue No ChegueDate Purpose Amount THE KIRKLAND PARTNERSHIP 278575 THE LEARNING FORUM 278576 ~-HE MUNICIPAL LAW DEPARTMENTS ASSOCIATION OF ONTAr 278745 THE PEPSI BOTFLING GROUP 278578 THE REGIONAL MUNICIPALIT~ OF NIAGARA 278552 THE REGIONAL MUNICIPAUTY OF NIAGARA 278553 THE REGIONAL MUNICIPALrTy OF NIAGARA 278554 THE REGIONAL MUNICIPAI.ITY OF NIAGARA 278555 THE REGIONAL MUNICIPALITY OF NIAGARA 278556 THE REGIONAL MUNICIPALITY OF NIAGARA 278729 THE REVIEW 278746 THE UNIFORM GROUP INC 278747 TORBRAM ELECTRIC SUPPLY 278748 TOl-rEN SIMS HUBICKI ASSOCIATES 278749 TOUCHSTONE SITE CONTRACTORS 278579 TOWN OF OAEVILLE 278750 TRADEMARK AUTOMOTIVE 278581 TRENCHLESS UTILJTY EQUIPMENT INC 278582 TRI CITY CURB CUTTING INC 278583 UNITED PARCEL SERVICE 278752 UNITED WAY 278584 UNITED WAY 278751 V GIBBONS CONTRACTING LTD 278586 VALE, DAVE 278754 VALUE ADDED SYSTEMS INC 278585 VALUE ADDED SYSTEMS INC 278755 VANBOTS CONSTRUCTION 278756 WALKER BROTHERS QUARRIES LTD 278757 WEAVER, DOUG 278758 WESTBURNE/RUDDY 278588 WESTBURNE/RUDDY 278759 WHATS UP KIDS MAGAZINE LTD 278589 WILLIAM SLOVAK Q C IN TRUST 278570 WINGER,TERRI 278760 WOLSELEY WATERWORKS GROUP 278761 WOMEN'S PLACE OF SOUTH NIAGARA INC 278590 WOODING'TON SYSTEMS INC 278591 WRIGHT FUELS INC 278592 WSIB 278593 WSIB 278762 WYLIE,BRENDA 278763 YARDIMICI,SUAT& YARDIMICI, YUKO 278764 YMCA 278595 YMCA 278596 YMCA 278597 23-S~ ,-2003 23-S( .-2003 30-S( -2003 23-S( ~-2003 23-S~ ~-2003 23-S~ >2003 23-S( >2003 23-S >2003 23-S( >2003 30-S( >2003 30-S~ >2003 30-S~ >2003 30-S >2003 30-S~ )-2003 23-SE )-2003 30-S¢ )-2003 23-S~ )-2003 23-S6 )-2003 23-Se )-2003 30-S )-2003 23-S )-2003 30-Se )-2003 23-Se )-2003 30-Se )-2003 23-Sep-2003 30-Sep-2003 30-Sep-2003 30-Sep-2003 30-Sep-2003 23-Sep-2003 30-Sep-2003 23-Sep-2003 23-Sep-2003 30-Sep-2003 30-8ep-2003 23-~p-2003 23-Sep-2003 23-Sep-2003 23-Sep-2003 30-Sep-2003 30-Sep-2003 30-$ep-2003 23-Sep-2003 23-5ep-2003 23-Sep-2003 CONSULTING SERVICES ADMINISTRATIVE ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRAllVE CONSULTING SERVICES CONTRACT SERVICES ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES REFUND EQUIPMENT EQUIPMENT ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS GRANT MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND GRANT LEASES AND RENTS REMITFANCE 321.00 304.95 100.00 76.90 535,393.81 1,216,748.43 1,216,748.43 1,100.00 940,273.70 S03.68 14,964.73 497.63 9.84 3,221.80 3,015.82 267.50 764.75 138.38 1,663.39 16.30 1,463.00 14.00 30,709.00 750.00 2,512.75 736.00 100.00 58.99 100.00 606.39 1,390.26 315.65 134,932.69 65.00 221.95 2,083.33 4,165.94 15,479.63 12,697.74 5,178.64 114.11 250.00 7,500.00 2,000.00 557.87 Total: 15,689,846.01 The City of Niagara Fallsl Canada Fire Services 5809 Morrison Street Niagara Falls, ON L2E 2E8 web site: www.city.niagarafaH s.on .ca Tel: (905) 356-1321 Fax: (905) 356-6236 E-maik pburke@city.niagarafalls.on.ca Patrick R. Burke Fire Chief FS-2003-17 October 6, 2003 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: FS-2003-17 Live Fire - Flashover Training Unit Purchase RECOMMENDATION: That Council approve entering into an agreement for the joint purchase of a live fire flashover training unit at a cost of $12,745.00, subject to the approval of Legal Services. This represents an equal, shared cost between partnering fire departments including St. Catharines, Welland and Fort Erie. BACKGROUND: Training is the most critical function in preparing fire services personnel for fire fighting. The most effective form is live fire training, an actual experience of real time and conditions of the job. Although it continues to be a valuable training tool, it is increasingly difficult to find safe and non- destructive ways for fire fighters to experience live fire training scenarios. One of the most dangerous situations fire fighters face in the course of their job is the spontaneous ignition of the contents of a room or area. This situation is referred to as "flashover." Ifa fire fighter does not recognize the onset of conditions leading up to the point of flashover, they can be placed in an extremely hazardous position. During the past several years, Niagara Falls Fire Services has been pursuing means for live fire training in a variety of scenarios. A live fire flashover training unit was considered the best solution. This situation has been discussed with other fire services within the Region who were also interested in similar opportunities. It was recognized that more than one Municipality could benefit from a shared flashover training resource while maintaining comprehensive training in each department. Research was conducted and site visits were made by an informal committee from interested communities. As a result of those initiatives, a joint proposal was formalized for Niagara Falls, St. Catharines, Welland and Fort Erie to purchase a live fire flashover training unit. Smoke Alarms Save Lives - Check Your Smoke Alarm Working Together to Serve Our Community October 6, 2003 Details - 2 - FS-2003-17 Details of required features were determined by the flashover committee through research and field evaluations. These requirements were formulated into competitive price quotation requests from each of the known flashover unit manufacturers. Finance and Supply & Services were consulted regarding the purchasing process. The Legal Services has been consulted and will be preparing an agreement with the Welland Fire Department. Niagara Falls will be able to reserve a block of time for the flashover unit on a yearly basis in cooperation with partnering fire departments. Transportation costs to bring the unit to a Niagara Falls site will be bom by Niagara Falls Fire Services. Other costs include bum materials and protective equipment that will be paid for as necessary. Niagara Falls Fire Services will have our own certified training instructors to teach our own personnel. Non-partner fire departments may participate in this valuable training initiative, subject to availability on a cost recovery basis. Manufacturer Price Rank Flashover Systems 52,820.00 1 Phoenix Fire Systems 65,000.00 2 (other) no quote 3 Funds to cover the Niagara Falls portion of the Flashover Training Unit, in the amount of $15,500.00, have been included in the 2003 Capital budget. Assistant Chief Fire Chief Respectfully submitted: acD Chief Administrative Officer LS:rs Community Services Department T ..... ~& , Parks, Recreation & Culture ne ulWor 4310 Queen Street Niagara Falls ll~,~ P.O. Box 1023 Canada ~~Niagara Falls, ON L2E 6X5 T~ web site: www.city.niagarafalls.on.ca Tel,: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca R-2003-64 Adele Kan Director October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R-2003-64 - Request for Encroachment Agreement - Haulage Road RECOMMENDATION: That Council consider the request by Jeff Claydon to enter into an Encroachment Agreement. BACKGROUND: At the November 4, 2002 meeting, Council approved entering into encroachment agreements with all landowners having encroachments along the Haulage Road conditional upon the homeowners paying for all the associated incremental costs. Also at that same meeting, following a resident's request, Council approved a new encroachment and directed that an agreement be prepared. Attached is a letter from JeffClaydon who is requesting a similar consideration. He intends to erect a fence. The lots on both sides of Mr. Claydon's property currently have encroachment agreements with the City. If Council allows this new encroachment, it will serve to straighten out the property line. Recommended by: d~ Adele Kon Director of Parks, Recreation & Culture AK/das Attachment Respectfully submitted: cDonald Chief Administrative Officer S:\Council\Council 2003\R-2003-64 - Request for Enchroachment Agreement Haulage Road.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Jeff Claydon 6344 Emma Crescent Niagara Falls, Ontario Mayor Wayne Thomson and Members of City Council of Niagara Falls, September 22, 2003 Re.' Encroachment Agreement Request for 6344 Emma Ct. Lot # 15 Backing Onto Haulage Road City Owned Land Similar to many of the residents whose lots back onto the Haulage Road Trail, I respectfully request Council approval to obtain an Encroachment Agreement with the City of Niagara Falls for my lot in Moretta Estates. My lot, which is Lot # 15 on Emma Street, backs onto the Haulage Road City Lands and I would like to erect a wood privacy fence in-line with my neighbour's fences. As the attached survey plan shows, both my side neighbours have existing fences which extend into City property. I would like to install a privacy wood fence for my rear yard which matches the present fenceline of the adjacent neighbouring yards, shown as proposed fence on the attached drawing. Keeping the same fenceline would be aesthetically more pleasing from the perspective of Haulage Road, and would reduce any blind spots for the safety of trail users. I would appreciate Council's approval of my application and thank you for your consideration. Attached Drawing. Steeet LOT 15 - SUBJECT PROPERTY \ LOT LOT 14 ~ LOT 11 LOT 12 X~ ~ / $ EXISTING REAR YARD FENCE LINE IS CONTINUOUS PROPOSED WOOD PRIVACY FENCE TO FORM CONTINUOUS FENCE LINE * MORE AESTHETIC FROM HAULAGE ROAD TRAIL * BETTER FOR SAFETY OF TRAIL USERS BY AVOIDING BLIND SPOTS. REQUEST FOR ENCROACHMENT AGREEMENT LOT 15 - EMMA STREET (UNDER CONSTRUCTIOI~ FENCE LINES ARE M_I L.L.I Corporate Services Department The City of Legal Services 4310 Queen Street Niagara FallslJl P.O. 023 CQn~~ Niagara Fails, ON L2E 6X5 ~~~ ~ web site: ~.ci~.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 371-2892 E-maih rkallio~ci~.niagarafalls.on.ca L-2003-65 R. O. Kallio City Solicitor October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2003-65 Authorization for execution and registration of electronic registration by City Staff Our File No. 2002-519 RECOMMENDATION: That the City Solicitor and Law Clerk be authorized to cause all documents for electronic registration (e-reg) to be executed electronically in accordance with any legal requirements in that connection. BACKGROUND: E-reg is an all-electronic, paperless system instituted by the Provincial Government, whereby land registry documents are created, exchanged, submitted, and maintained in an electronic form through the use of Teraview software. As such there are no written signatures and all documents are signed electronically. E-reg now takes the place and stead of manual signatures by the Mayor and Clerk of a municipality. Payment of registration fees and land transfer tax are automatically completed on registration by electronic fund transfer. The e-reg system was developed jointly by the Province of Ontario and Teranet Land Information Services Inc. The Province of Ontario amended the Land Registration Reform Act to allow for electronic registration of documents. Working Together to Serve Our Community Clerks · Finance Human Resources Information Systems Legal · Planning & Development October 6, 2003 - 2 - L-2003-65 The Ministry of Consumer and Business Services is currently implementing e-reg on a region-by- region basis. In each region, e-reg is first introduced on an optional basis; after a period of time, it is made mandatory. E-reg was first introduced to Niagara South and Niagara North on July 7, 2003. While non-lawyers may obtain access to the e-reg system, by regulation under the Land Registration Reform Act, only lawyers entitled to practise in Ontario may make statements professing compliance with law without registration of supporting evidence. Before a document is registered, lawyers involved must show their approval of the document by signing for completeness. If the document contains compliance with a law statement, the e-reg system will only accept a completeness signature from a user who is authorized to practise law in Ontario. Documentation that was previously sent to outside counsel for registration, will now be registered electronically by the Law Clerk from a desk top computer. The details of registrations are immediately available and can promptly be reported out. Prepar~y: Mary Morrone Law Clerk Reco / / ' / Ra City Solicitor Respectfully submitted: i°mn'salttdative Officer Approved by: T. Ravenda Executive Director of Corporate Services /mm The City of Niagara Falls' Canada Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905)371-2892 rkallio@city, niagarafaIls.on.ca L-2003-67 R.O, Kallio City Solicitor October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' L-2003-67 Consent to Assignment of Parking Agreements O & Y REIT Holdings Inc. to The Manufacturers Life Insurance Company Our File No. 1997-142 RECOMMENDATION: That the City consent to the assignment of parking spaces from O & Y REIT Holdings Inc. to The Manufacturers Life Insurance Company with respect to the Parking Agreements pertaining to the Acres building, Queen Street, Niagara Falls. BACKGROUND: In April and June, 1997, the City licensed to Ontario Realty Corporation two hundred (200) parking spaces for the Acres building. The Agreements were for a term of almost ten (10) years, expiring on March 31, 2007, with the right for one (1) renewal for a further period often (10) years. These Agreements were assigned in November, 1997, from Ontario Realty Corporation to O & Y Properties Inc. when O & Y Properties Inc. purchased the Acres building. O & Y Properties Inc. assigned the Parking Agreements to O & Y REIT Holdings Inc. without the knowledge or consent of the City of Niagara Falls. O & Y REIT Holdings Inc., as owner of the property, is now asking the City to consent to the assignment of the Parking Agreements in favour of The Manufacturers Life Insurance Company to secure the sum of a Six Million Dollars ($6,000,000.00) Mortgage. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems · Legal · Planning & Development October 6, 2003 - 2 - Staff has no ~biections to the assignments and would recommend approval of same. Respectfully submitted:~ ~ City Solicitor ~/Chief Administrative Officer L-2003-67 Approved by: T. Ravenda Executive Director of Corporate Services ROK/sm Corporate Services Department L-2003-68 The City 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 Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city.niagarafalls.on.ca October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-" L-2003-68 Establishment of Public Highway Part I on 59R-12185 As Part of Portage Road Our File No.: 2003-271 RECOMMENDATION: That a road widening, being Part 1 on Reference Plan 59R-12185 attached as Schedule "A", be established as a public highway, to be known as and to form part of Po~tage Road. BACKGROUND: As a condition of site plan approval, Niagara Falls Retirement Group Ltd. conveyed a road widening to the City. The subject lands are located on the east side of Portage Road and shown hatched on the plan attached. Staff is now recommending that the subject lands be dedicated as a public highway to be known as and to form part of Portage Road. City Solicitor Tony Ravenda Executive Director of Corporate Services Respectfully sub,mitted: / o~ MacD~on~~ \~/Chief Administrative Officer Working Together to Serve Our Communi(v Clerks Finance Human Resources Information Systems · Legal · Planning & Development S~omford To,,nship PORTAGE PIN 64278 -- 0001 Lot ROAD Inst, No. 732119 PART "1, PLAN 59R-5842 PIN 64278 InaL No, 732117 (nRS'~.Y) (SECONDLY) 13 LOT 74 LEGEND PART OF ROAD ALLOWANCE BETWEEN 'TOWNSHIP LOTS' 72 & (CLOSED BY BY-LAW 2680(Jg61~.,.!N_S_T. ND. GEOGRAPHIC .TOWNSHIP OF STAMFORD CITY OF hlAGARA FALL8 REGIONAL MUNIClPAErF~' OF NIA~;ARA t. ,~ T T ""~ SCHEDULE "A " Corporate Services Department L-2003-69 The City of Niagara FallsI Canada Legal Services 4310 Queen Street P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.city.niagarafalls.on.ca R. 0. Kallio City Solicitor Tel.: Fax: E-mail: (905) 356-7521 (905) 371-2892 rkallio@city, niagarafalls.on.ca October 6, 2003 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' L-2003-69 Establishment of Public Highway Blocks 44, 45 and 46 on Plan 59M-314 As Part of Weinbrenner Road Our File No.: 1995-279 RECOMMENDATION: That two road widenings and a daylighting triangle, being Blocks 44, 45 and 46 on Plan 59M-314 attached as Schedule "A", be established as a public highway, to be known as and to form part of Weinbrenner Road. BACKGROUND: As a condition of Subdivision approval, River Realty Development (1976) Inc. conveyed two road widenings and a daylighting triangle to the City. The subject lands are located on the south side of Weinbrenner Road and shown in heavy outline on the plan attached. Staffis now recommending that the subject lands be dedicated as a public highway to be known as and to form part of Weinbrermer Road. ~o~y: City Solicitor Approved by: Tony Ravenda Executive Director of Corporate Services Chief Administrative Officer Working Together to Serve Our Community Clerks Finance · Human Resources · Information Systems · Legal · Planning & Development ~CHEDULE~ The City of Niagara Falls, Ontario Council Chambers No. October 6, 2003 Moved by Alderman Seconded by Alderman WHEREAS in 2004, Niagara Falls will see the opening of the Niagara Fallsview Casino Resort, an $800 million development; and WHEREAS in addition to gaming, the Niagara Fallsview Casino Resort will have various entertainment amenities; and WHEREAS within the Niagara Fallsview Casino Resort will be the Avalon Ballroom, which will be used primarily for entertainment purposes; and WHEREAS the Avalon Ballroom will have a seating capacity of 1,600, which will include fixed tiered seating for 500 people; and WHEREAS the Alcohol & Gaming Commission of Ontario (AGCO) issues a stadium endorsement for such a facility; and WHEREAS the AGCO requires that the local municipality approve of the application for a stadium endorsement by way of resolution; and WHEREAS the Avalon Ballroom will be a benefit to the community, providing a needed entertainment facility for local residents and visitors to Niagara Falls; THEREFORE BE IT RESOLVED that Niagara Falls City Council fully supports the application for a stadium endorsement for the Avalon Ballroom; and -2- FURTHER BE IT RESOLVED that this resolution be forwarded to the applicant and the Alcohol & Gaming Commission of Ontario (AGCO). AND The Seal of the Corporation be hereto affixed. DEAN IOREIDA WAYNE THOMSON CITY CLERK MAYOR