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2004/01/19PLANNING MEETING January 19, 2004 1. PRAYER: Alderman Jim Diodati DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 2. 3. 4. 5. 6. 7. BUDGET DEPUTATIONS Niagara Transit - Mr. Bart Maves, Chairman United Way Review City of Niagara Falls Board of Museums - Gord West, Vice-Chairperson Recreation Commission - Victor Pietrangelo, Chair Arts & Culture Commission - Karen Akalu, Chair Heritage Week Niagara Committee - Sherman Zavitz, Chair Boys and Girls Club of Niagara - Joanne Heft, Executive Director ITEM NO. 01 PLANNING MA'I-rERS Public Meeting Zoning By-law Amendment Application AM-44/2003, Elimination of Parking Lots as Permitted Uses Applicant: City of Niagara Falls -2- Background Material: Recommendation Report: PD-2004-01 - AND - Correspondence from Broderick & Partners for Victoria BIA Correspondence from Sullivan-Mahoney Correspondence from HOCO Limited Correspondence from Mr. Feliciano Pingue Correspondence from Broderick & Partners for Fallsview BIA ITEM NO. 02 Public Meeting Zoning By-law Amendment Application AM-35/2003, 6361 Fallsview Boulevard And Associated Off-site Lands Applicant: 876891 Ontario Limited 1140464 Ontario Inc., and 1229142 Ontario Inc. Agents: Peter Smith; Planner: John Ingles, Solicitor Proposed Expansion to the Hilton Hotel Background Material: Recommendation Report: PD-2004-07 - AND - Correspondence from The Niagara Parks Commission Correspondence from the Skylon Tower ITEM NO. 03 Public Meeting Zoning By-law Amendment Application AM-47/2003; 6398 Montrose Road Applicant: Vincent Marinelli Agent: John Marinelli Catering Business - Zoning By-law Schedule Change Background Material: Recommendation Report: PD-2004-08 - AND - Correspondence from Regional Niagara, Planning and Development Department ITEM NO. 04 -:3- Public Meeting Zoning By-law Amendment Application AM-46/2003, 9006 Netherby Road Owner: Rob Dicato Recognition of a Recent Addition to the Garage Background Material: Recommendation Report: PD-2004-02 - AND - Correspondence from Regional Niagara, Planning and Development Department ITEM NO. 05 Public Meeting Zoning By-law Amendment Application AM-43/2003, 6169 Garner Road & Associated Lands Applicant: Niagara Falls Golf Club Limited Agent: Brian Sinclair, Solicitor, Niagara Falls Golf Course Background Material: Recommendation Report: PD-2004-03 - AND - Correspondence from Mr. & Mrs. Anthony David Baldinelli Correspondence from Donna Mino Correspondence from Charlotte & Theodore Kudlac Correspondence from Regional Niagara, Planning and Development Department ITEM NO. 06 Public Meeting Proposed Waste Disposal Site; (Ex-Situ Bioremediation of Soils); Canadian Pacific Railway Limited Former Montrose Railyard on Ramsey Road City of Niagara Falls Background Material: Recommendation Report: PD-2004-04 -4- MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD-2004-06, Request for Extension to Draft Plan Approval- Warren Woods; 26T-96001 (Revised) Owner: 797045 Ontario Ltd. Chief Administrative Officer ADOPTION OF MINUTES: PD-2004-09, Request for Removal of part Lot Control; 7565/7567 Monastery Drive; Lot 29 and Block 59; Registered Plan 59M-201; Owner: 752534 Ontario Limited. REGULAR COUNCIL Regular Minutes of January 12, 2004 MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Victoria-Centre BIA- Re: Board of Management- requesting that Council confirm the appointments to the Victoria-Centre BIA Board of Management. RECOMMENDATION: That Council confirm the appointments to the Victoria-Centre BIA Board of Management. - AND - Correspondence from the City Clerk Additional Items for Council Consideration: REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONR (Alderman Victor Pietrangelo, Chair) FINANCE DEPARTMENT MATTERS 1. Chief Administrative Officer F-2004-07, Interim Tax Levy. -5- Chief Administrative Officer F-2004-08, 2004 Municipal Utility Budget Discussion. 3. Chief Administrative Officer F-2004-09, 2003 Water and Sewer Payment Reconciliation. 4. Chief Administrative Officer F-2004-06, Community Reinvestment Funds. - AND - RESOLUTION That the Municipality of Niagara Falls does accept the 2004 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. MISCELLANEOUS MA'n'ERS Chief Administrative Officer CD-2004-02, Delegation of Adult Entertainment Parlour Appeals. 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. F-2004-05, Fidelity Bond Coverage; L-2004-07, Establishment of Public Highway; Part 2 on Reference Plan 59R-12261 as Part of Weinbrenner Road; File No. 2003-299; MW-2004-18, Parking & Traffic By-law Updates; MW-2004-19, Grey Avenue from Ferry Street to Peer Street; Amendments to by-law 89-200. -6- BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2004-12 To provide for Appointments to certain Boards, Commissions and Committees. 2004-13 To amend By-law No. 70-69, to recognize the size of an existing accessory building. (Re: AM-46/2003, 9006 Netherby Rd.) 2004-14 To amend By-law No. 79-200, as amended by By-law No. 2002-201, with respect to the permitted use and location of adult entertainment parlours and body-rub parlours in the City of Niagara Falls. (Re: AM-21/2002, City of Niagara Falls.) 2004-15 To designate Lot 29 and Block 59 on Registered Plan No. 59M-201 not to be subject to part lot control. 2004-16 To establish Part 2 on Reference Plan 59R-12261 as a public highway, to be known as and to form part of Weinbrenner Road. 2004-17 To amend By-law No. 79-200, to permit the construction of a 9-storey hotel. (Re: AM-41/2003, Canop Investments Limited) 2004-18 To amend By-law No. 94-292, with respect to an existing food catering and take-out business, which amended By-law No. 79-200. (Re: AM-47/2003, 6398 Montrose Road/Graham Street) 2004-19 To amend By-law No. 79-200, to permit only a single-detached dwelling. (Re: AM-47/2003, V. Marinelli) 2004-20 To provide an interim levy of realty taxes. 2004-21 To appoint an auditor. 2004-22 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking Prohibited, Limited Parking, Yield Signs at Intersections, Speed Limits on Highway; Part 2-60/km/hr. One Way Highways) 2004-23 To authorize an application to The Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls for the City's share for the construction of the Community Centre. 2004-24 -7- To adopt, ratify and confirm the actions of Oity Council at its meeting held on the 19th day of January, 2004. NEW BUSINESS Niagara Transif 4320 Bridge St., Niagara Falls, Ontario, L2E 2R7 Office 905-356-1179 Garage 905-358-9749 Fax 905-356-7746 Email ten_~.librock~naigaratransit.com Website www.niagaratransit.com November 27, 2003 Mr. Ken Burden, Director of Finance City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Ken: Re: Niagara Transit and Niaqara Chair-A-Van - 2004 Budgets Further to our discussions, enclosed are copies of the budgets for both Niagara Transit and Niagara Chair-A-Van, as adopted by the Commission and the Management Board respectively. The Transit Commission, Chair-A-Van Management Board and staff will be pleased to meet with the Corporate Services Committee tentatively scheduled for January 1 9, 2004. If you require any additional information, please do not hesitate to contact me. TDL/jrb Yours truly, General Manger Niagara Transit 4320 Bridge St., Niagara Falls, Ontario, L2E 2R7 Office 905-356-1179 Garage 905-358-9749 Fax 905-356-7746 Email ten3,.librock~niagaratransit.com Website www.niagaratransit.com TO: The Chairman and Members of the Commission FROM: RE: T.D. Librock, General Manager Financial Estimates 2003 - Budget 2004. November 13, 2003 Public transit improves the quality of life for many people who depend on our service and helps to ensure mobility, preserve the environment, and protect public health and safety. Niagara Transit takes pride in operating an effective system but requires service adjustments to meet the needs of our growing City. In 2004, staff is recommending the addition of a new route to enhance service levels in Chippawa (30 minute as apposed to hourly) giving east/west service along McLeod Road to Niagara Square and coverage for the new developments in the south/west area of the City. In spite of our achievements in efficiency and customer satisfaction, Niagara Transit, like many other transportation systems across the country, has faced severe challenges over the last number of years. In 2003, Niagara Transit experienced a 30% decrease in out-of-town bus revenues, 35% decrease in Falls Shuttle ridership, and a major increase in fuel prices, as a result of the decline in travel industry due to the outbreak of SARS and the war in Iraq. Niagara Transit has enjoyed the lowest operating cost per capita in Ontario as the result of our auxiliary revenues. In 2002 (the most current data available) our operating cost for municipal transit was $14.01 per capita for the taxpayers of Niagara Falls, compared to the Provincial average of $38.48. These statistics indicate that public transit has not been an undue burden to the taxpayers of the City and reflects the importance of Niagara Transit's auxiliary revenues. Outlined estimates for 200:3 categories: below are the variances from the approved budget to and the proposed budget for 2004, under the following Financial Estimates (2003/2004) The estimated operating revenues and expenditures for 2003, and the proposed budget for 2004. Operating and Capital Fund Expenditures (2003/2004) The estimated cost for tires, office and garage equipment, capital purchases for 2003 and the proposed budget for 2004. and Financial Summary (2003/2004) The estimated net operating and capital projections for 2003 and the proposed budget for 2004. Included are estimated Provincial subsidies. Financial Estimates - 2003 Following are the main variances from the approved operating budget to projections for 2003: 1. REVENUE - STATEMENT ONE 1) Overall, regular transit passenger revenues are projected to be over budget by approximately $17,000. This is mainly due to: · Increase in monthly pass sales · Increase in revenues from Brock University · Increase in revenues from Niagara College 2) Garage revenues will be under budget by approximately $153,700. I had originally budgeted for an increase of 5% but, out-of-town bus business is down approximately 30% as a result of the SARS outbreak and the war in Iraq. 3) We experienced a major decrease in shuttle activity during the tourist season. Ridership was down 35% ($125,000) due to the downturn in the travel industry caused by the outbreak of SARS and the war in Iraq. In addition, we were told by our partners in the Lundy's Lane West area that the overflow of guests from the Fallsview area did not materialize. 4) Casino Niagara terminated our Associate Transportation contract. Fortunately, we were able to negotiate annual compensation for a three-year period. TRANSPORTATION COSTS - STATEMENT TWO 1) Operator's wages decreased due to the termination of the Casino contract. 2) A full-time supervisor position was eliminated. 3) In September 2003, Group Insurance Benefit rates increased (21%) driven by overall insurance increases and claims experience. 4) Diesel fuel costs increased by 30% from February until June 2003 as a result of the war in Iraq. 3. EQUIPMENT & VEHICLE MAINTENANCE COSTS - STATEMENT THREF 1) Vehicle and maintenance costs decreased due to the termination of the Casino contract. 2) We had budgeted for three motors, but only replaced one. PREMISES AND PLANT COSTS - STATEMENT FOUR 1) Garage wages and benefits decreased due to the termination of the Casino contract and the decrease in garage sales. Staff was reduced by one full-time mechanic, one full-time cleaner and one seasonal service person. 2) In September 2003, group insurance rates increased by approximately 21% (same as operators). 3) Utilities cost are under budget by approximately $7,000. 4) Maintenance costs increased as a result of a major repair to a bus hoist and repairs to our parking compound. 5. ADMINISTRATIVE COSTS - STATEMENT FIVE 1) Wage costs decreased due to realignment of a position. 2) Decrease in office supply costs. 3) Commission member attended the Ontario Transportation Association annual meeting. part-time office Community OPERA TING AND CAPITAL FUND EXPENDITURES (ESTIMA TED 2003) 1) The cost for tires, office equipment and garage equipment is estimated to be under budget by approximately $11,000. This was a result of the termination of the Casino contract. 2) The cost for refurbishing one transit coach, bus number //38 was lower than projected by approximately $1,400. 3) We purchased three coaches with the approval of Council. FINANCIAL SUMMARY- 2003 If my estimates are correct, the net deficit to the City of Niagara Falls in 2003, for combined Operating and Capital expenditures will be approximately $2,357,600. This was mainly due to a reduction in our auxiliary revenues: · 35% reduction in Falls Shuttle · 30% reduction in out-of-town bus business · 30% increase in diesel fuel costs (5 months) Note: These estimates are prepared approximately two (2) months prior to year-end and could change significantly if we have a dramatic loss of revenue or incur unforeseen operating expenditures such as additional unbudgeted motor, transmission replacements or diesel fuel increases. PROPOSED BUDGET 2004 Financial Estimates 2004 Following is the proposed budget for 2004, accompanied by explanations for specific items. It is submitted recognizing the current economic climate in Niagara Falls and includes a new route proposal. REVENUE - STATEMENT ONE 1) I am recommending no fare adjustment in 2004. Current fares are as follows: Category Fare Adult $2.25 Student 2.00 VIP (Senior/Reduced) 2.00 Child 1.00 30-Day Passes Adult $65.00 VIP (Senior/Reduced) 50.00 Student 50.00 Niagara Transit provides reduced fares to the following social agencies: · Project Share Region Community Services Department · Family and Children Services · John Howard Society · St. Vincent de Paul Society · Ministry of Community and Social Services · Niagara College Career Employment · Niagara Support Services · Nova House · N-Tec · Occupational Help and Development Centre · St. Ann's Adult Learning · YMCA - Employment Program 2) Increase of approximately 14% in garage revenues. I am assuming bus tours will increase above 2003 levels. 3) Increase in Falls Shuttle revenues. I am assuming the tourism market will recover in 2004. 4) Approximately the same amount of revenue from bus terminal. 5) Casino revenues have been adjusted to reflect the negotiated agreement. 6) Approximately the same amount of advertising revenue. 2 TRANSPORTATION COSTS - STATEMENT TWO 1) New route proposal 2) 3½% wage increase for bus operators (same as City of Niagara Falls). 3) 21% increase for group benefit rates driven by claims experience and general insurance increases. 4) Reinstatement of OMERS (100% contributions). 5) Slight Increase for government imposed expenditures. 6) 6% increase for diesel fuel. 7) 15% increase for bus liability insurance rates. EQUIPMENT & VEHICLE MAINTENANCE COSTS - STATEMENT THREE 1) New route proposal 2) Decrease in costs for equipment and vehicle maintenance due to the termination of Casino contract. 3) Replacement of one motor and two transmissions. 4. PREMISES AND PLANT COSTS - STATEMENT FOUR 1) New route proposal 2) 3 Y2 % wage increase (same as City of Niagara Falls) 3) 21% increase in group benefit rates (same as operator). 4) Reinstatement of OMERS (100% contributions). 5) A slight increase for hydro and gas rates. 5. ADMINISTRATIVE COSTS - STATEMENT FIVE 1) 2) 3) 4) 3Y2% increase for administrative salaries (same as operators garage staff). 21% increase for group benefit rates. Reinstatement of OMERS (100% contributions). No cost for conferences and conventions. and OPERA TING AND CAPITAL FUND EXPENDITURES - 2004 1) 2) 3) 4) Decrease in cost for tires and a token amount of money to cover garage and office equipment that may be required in 2004. Two Iow-floor 40' transit coaches, including air-conditioning, previously approved by council (eligible for Provincial subsidy). Bus refurbishment (#36) at an estimated cost of 988,000 (eligible for Provincial subsidy). Supervisor vehicle, a 1990 GMC van requires 910,000 in body work and repairs - replacement vehicle 925,000 New Route Proposal Niagara Transit has received many requests to provide additional service to Chippawa including a direct route to Niagara Square. We are proposing the following route (12 hours Monday to Friday from 6:30 a.m. to 6:30 p.m.) Route: Wienbrenner Rd. - Sodom Rd. - Main St. - Portage Rd. - Marineland Pkwy - McLeod Rd. - Pin Oak Dr. - Niagara Square - Pin Oak Dr. - McLeod Rd. - Garner Rd. - Lundy's Lane - Kalar Rd. - McLeod Rd. - Pin Oak Dr. - Niagara Square - Pin Oak Dr. - McLeod Rd. - Marineland Pkwy - Portage Rd. - Willoughby Dr. - Wienbrenner Rd. The benefits are as follows: · Thirty-minute service for Chippawa · Service to Bella Senior Care Residence · Direct service from Chippawa to Niagara Square · East/West service along McLeod Rd. from Stanley to · · · · · · Garner Service Service Serwce Serwce Serwce Service to St. Michaels High School to the new community centre to Nova House to Boys and Girls Club to Lundy's Lane West to Westlane High School The proposed cost in 2004 for this service including advertising is approximately $200,000. FINANCIAL SUMMARY- 2004 If my estimates are correct the net deficit to the City of Niagara Falls for Operating and Capital combined for budget year 2004 will be $2,837,600. The reasons for the increases are as follows: · New route proposal · Negotiated wage increase · OMERS pension plan contributions (100%) · Vehicle insurance rate increases Fuel increase Government imposed expenses · Group benefit insurance rate increase Note: I am confident that the new Provincial Government will implement their campaign promise of 2-cents per litre fuel tax, which may produce significant revenue to offset the projected increase for 2004. We have examined every facet of our operation with the aim of identifying ways to reduce the overall financial burden public transportation places on the taxpayers of the City. Niagara Transit has traditionally relied on other sources of revenue such as the garage and Falls Shuttle to offset our deficit and maintain the lowest Cost per Capita in the Province. Staff will continue to pursue service and maintenance contracts with local and inter-city operators. conclusion, I recommend the Commission approve these financial forecasts. General Manager TDL/jrb NIAGARA TRANSIT FINANCIAL SUMMARY 2003 - 2004 Budget Estimated Budget 2003 2003 2004 EXPENDITURES Operating Deficit Other Expenditures Sub Total $ 1,338,500 $ 1,629,100 30,000 15,000 1,368,500 1,644,1 O0 2,052,000 22,000 2,O74,OOO Capital Expenditures 1,065,000 1,063,600 1,084,600 Sub Total $ 2,433,500 $ 2,707,700 $ 3,158,600 Less Provincial Sudsidy Net Cost $ 351,500 $ 350,100 $ 2,082,000 $ 2,357,600 $ 321,000 $ 2,837,600 NIAGARA TRANSIT OPERATING AND CAPITAL FUND EXPENDITURES 20O3 - 2OO4 Budget Estimated Budget 2003 2003 2004 OTHER EXPENDITURES Tires $ 26,000 Office Equipment 2,000 Garage Equipment 2,000 $ 15,000 $ 18,000 2,000 2,000 TOTAL $ 30,000 $ 15,000 $ 22,000 CAPTIAL EXPENDITURES Bus Purchases Supervisor Vehicle Bus Refurbishing 992,000 73,000 $ 992,000 71,600 $ 1,063,600 $ 971,600 25,000 88,000 TOTAL $1,065,000 $ 1,084,600 NIAGARA TRANSIT STATEMENT OF REVENUE & EXPENDITURE Estimated 2003/Budget 2004 Budget Estimated Budget 2003 2003 2004 REVENUE 4,188,000 3,312,800 2,677,000 OPERATING EXPENDITURES Transportation 3,176,500 2,790,900 2,576,600 Equipment & Vehicle Maint. 705,000 570,000 490,000 Premises & Plant 1,344,000 1,282,300 1,345,000 General & Administrative 301,000 298,700 317,400 Total Operating Expense 5,526,500 4,941,900 4,729,000 EXCESS OF OPERATING EXPENDITURES ,338,500 1,629,100 2,052,000 (~,'/General I~nager NIAGARA TRANSIT STATEMENT OF REVENUE Estimated 20031Budget 2004 REVENUE GARAGE OTHER STATEMENT 1 Budget Estimated Budget 2003 2003 2004 Bus Terminal 45,000 45,000 40,000 Sightseeing / Charted Casino 1,660,000 1,047,500 185,000 Advertising 30,000 30,000 30,000 Interest 5,000 4,000 5,000 TOTAL 1,740,000 1,126,500 260,000 4,188,000 3,312,800 2,677,000 ,,, TOTAL REVENUE Storage - Parking 44,000 37,700 39,000 Interior Clean 163,000 144,000 159,000 Wash 175,000 141,000 155,000 Cleaning - Washrooms 205,500 172,000 195,000 Diesel Fuel - Net 156,000 115,000 129,000 Oil & Lubricants 13,000 9,000 10,000 Labour 92,000 93,000 120,000 Bus Parts - NC 105,000 92,000 105,000 Service Calls 12,000 9,500 10,000 Sundry 3,500 2,100 3,500 TOTAL 969,000 815,300 925,500 Adult 32,000 22 500 25,000 Senior 54,000 45 000 46,000 Children 21,000 13 500 15,000 30 Day Passes 80,000 125 000 125,000 Semester Passes 10,000 7 500 8,000 Cash Fare 880,000 880 000 920,000 Shuttle 400,000 275 000 350,000 Post Office 2,000 2,500 2,500 TOTAL 1,479,000 1,371,000 1,491,500 NIAGARA TRANSIT STATEMENT OF TRANSPORTATION COSTS STATEMENT 2 Estimated 2003/Budget 2004 Budget Estimated Budget 2003 2003 2004 SALARIES, WAGES & BENEFITS Operators Wages 1,564,000 1,364,000 1,258,000 Inspectors Wages 210,000 192,000 170,000 Pension 108,000 96,000 136,600 Group Insurance 280,000 248,000 225,600 Unemployment Insurance 55,000 44,000 38,600 Workers' Compensation 70,000 65,000 58,600 Meal Allowance/Dry Cleaning 2,000 1,000 1,000 2,289,000 2,010,000 1,888,400 4,000 4,000 4,000 4,000 4,000 4,000 TOTAL MATERIALS & SUPPLIES Timetables Gasoline Diesel Fuel Oil & Lubricants Uniforms Sundry Tickets TOTAL SERVICE & RENTS 550,000 469,000 359,000 22,000 19,000 17,000 14,000 8,000 7,500 5,000 3,000 5,000 9,000 8,000 8,000 608,000 515,000 404,500 Maintenance - Signs & Shelters 1,000 1,400 1,500 Bus Insurance 207,000 195,000 182,000 Advertising 60,000 58,000 90,000 TOTAL 268,000 254,400 273,500 TRANSFERS TO GOVERNMENT Licences TOTAL 11,500 11,500 10,200 11,500 11,500 10,200 2,790,900 2,576,600 TOTAL TRANSPORTATION COSTS 3,176,500 NIAGARA TRANSIT STATEMENT OF EQUIPMENT & VEHICLE MAINTENANCE Estimated 20031Budget 2004 SERVICE AND RENTS Parts & Repairs STATEMENT 3 Budget Estimated Budget 2003 2003 2004 550,000 465,000 390,000 Outside Repairs 75,000 35,000 30,000 Sales - Out-of-Town Buses 80,000 70,000 70,000 TOTAL 705,000 570,000 490,000 STATEMENT OF PREMISES & PLANT STATEMENT 4 SALARIES, WAGES & BENEFITS Garage Wages 887,000 825,000 850,000 Pension 51,000 49,200 75,000 Group Insurance 120,000 129,000 135,000 Unemployment Insurance 26,000 21,000 25,000 Workers' Compensation 36,000 36,000 40,000 1,120,000 1,060,200 1,125,000 TOTAL MATERIALS, sUpPLIES & UTILITIES Garage Supplies 55,000 55,000 55,000 Maintenance 40,000 46,000 40,000 Light, Heat and Water 114,000 107,000 110,000 TOTAL 209,000 208,000 205,000 SERVICES & RENTS Insurance Telephone 12,000 12,000 12,000 3,000 2,100 3,000 TOTAL 15,000 14,100 15,000 TOTAL PREMISES & PLANT 1,344,000 1,282,300 1,345,000 NIAGARA TRANSIT STATEMENT OF GENERAL & ADMINISTRATIVE COSTS Estimated 2003/Budget 2004 STATEMENT 5 Budget Estimated Budget 2003 2003 2004 SALARIES, WAGES & BENEFITS Management & Office Salaries 184,000 182,000 192,000 Commissions' Honoraria 9,400 9,400 9,400 Pension 16,500 12,000 20,300 Group Insurance 24,000 24,000 26,000 Unemployment Insurance 4,000 3,200 4,000 Workers' Compensation 7,000 6,900 7,500 TOTAL 244,900 237,500 259,200 MATERIALS & SUPPLIES Office Expense 14,500 13,500 14,000 TOTAL 14,500 13,500 14,000 SERVICE & RENTALS Car Allowance 3,000 3,000 3,000 Commissioners' Expense 1,500 900 1,500 Managers Expense 1,200 900 1,200 Audit 13 000 13,900 14,600 Legal 4 000 9,000 5,000 Insurance 1 800 1,800 1,600 Membership Fees 4 300 4,200 4,300 Cleaning - Utilities 6 800 6,800 6,800 Telephone 6 000 5,400 6,000 Conferences & Conventions 1,800 TOTAL 41,600 47,700 44,200 TOTAL GENERAL & ADMINISTRATIVE 301,000 298,700 317,400 NIAGARA CHAI R-A-VAN 5734 Glenholme Avenue Niagara Falls, Ontario L2G 4Y3 Tel. 357-0122 TO: FROM: RE: The Chairman and Members of the Management Board T.D. Librock, General Manager Financial Estimates 2003 - Proposed Budget 2004 October 17, 2003 Summarized on the following pages are the variances from the 2003 Budget to the Estimated Actual, and Proposed Budget for 2004: FINANCIAL ESTIMATES - 2003 REVENUE Passenger ridership in 2003 will be down by approximately 4%. This is attributed to the outbreak of SARS as many riders cancelled Doctor~ appointments and hospital services. In addition, school board revenues decreased. Overall, revenues will be under budget by 4,600: EXPENDITURES Variances from the 2003 budget are outlined below: It is estimated that' wages, benefits and payroll costs will be under-budget by approximately $4,800 due to the reduction in service requests. 2. Insurance costs were 'higher than budgeted. 3. Increase in van maintenance due to major engine repairs, electrical problems, and air-conditioning. CAPITAL PURCHASE - 2003 The cost for the new vehicle was under budget by $6,404. Niagara Chair-a-Van received 910,000 in donations towards the purchase of this vehicle and we should receive an additional 924,287 in Provincial subsidy. SUMMARY - 200-~ Overall, the estimated net cost to the City for physicallY disabled transportation service in 2003, including capital, will be 9300,409 some 9909 over the approved budget as a result of decreased ridership. PROPOSED BUDGET - 200~. REVENUE This budget includes no fare adjustment, the same proposed conventional transit and a reduction for school transportation. for EXPENDITURES The followinq are included in the 2004 Budqet_: 1. Wage increase of 3¼% (same as the City of Niagara Falls). 2. Decrease in maintenance costs due to the acquisition of the new vehicle. 3. Other costs are based on last years' actual expenditures. CAPITAL - BUDGET 2004 This budget includes the acquisition of a new vehicle in 2004 to replace van #10 a 1992 Ford, at an estimated cost of 980,000 less 95,000 in projected donations and 33% subsidy from the Provincial government (net cost - 948,000) SUMMARY - BUDGET 2004 The estimated net cost to the City in 2004, for Operating and Capital combined will be $317,100, some $16,691 over the estimates for 2003. Note: Niagara Chair-A-Van's net operating cost per capita in 2002 (latest available statistics) was 92.64, compared to the Provincial average of 97.29. TDL/jrb T.~;~ L~3r¢o~k General Manger October 17, 2003 NIAGARA CHAIR-A-VAN MANAGEMENT BOARD - Financial Forcast - 2003/2004 REVENUE Budget Estimated Budget ~003 ~003 2004 Passenger Revenue $ 31,300 $ 29,000 $ 31,000 Charter Revenue 600 100 100 School Board 5,000 3,200 1,000 TOTAL REVENUE OPERATING EXPENDITURES Operators Dispatchers (office) Workers Compensation Employment Insurance Canada Pension Plan Employees Benefits Total Wages & Benefits Administrative Costs Rent Telephone Office Expense Insurance Van Maintenance Gas & Oil Uniform Management Expenses Audit Fees Advertising Total - Other Expenses TOTAL EXPENDITURES EXCESS OF EXPENDITURES OVER REVENUE $ 36,900 $ 32,300 $ 32,100 $ 142,000 $ 132,000 $ 136,600 30,000 30,000 31,200 2,800 5,800 6,200 5,400 5,000 5,300 6,500 6,500 7,000 12,000 14,600 15,000 $ 198,700 $ 193,900 $ 201,300 3,000 3,000 3,000 4,500 4,500 4,500 2,400 2,400 2,400 3,500 3,400 3,500 10,000 12,000 14,000 44,000 49,000 45,000 24,000 23,000 24,000 1,200 600 1,200 300 400 400 1,100 1,100 1,100 300 100 200 $ 94,300 $ 99,500 $ 99,300 $ 293,000 $ 293,400 $ 300,600 $ 256,100 $ 261,100 $ 268,500 October 17, 2003 NIAGARA CHAIR-A-VAN Financial Summary- 2003/2004 Budget Estimated Budget 2003 2003 2004 Expenditures Operating Capital Sub-total $ 256,100 $ 261,100 80,000 73,596 $ 336,100 $ 334,696 $ 268,500 80,000 $ 348,500 Subsidies Donations MTO Subsidy Sub-total 10,000 10,000 5,000 26,600 24,287 26,400 $ 36,600 $ 34,287 $ 299,500 $ 300,409 $ 31,4OO $ 317,100 Net Cost United Way of Niagara Falls "B___u i l__d i n__g~a C a r~i n~g _C o~m_ m~u~n it~yy"_ . ~ Address: 501 7 Victoria Avenue, Niagara Falls, Ontario L2E 4C9 Phone: 90~5-354--~934~ Fax: 905-354-2717 emall: unitedway@mail.oaninet.oom web: vvvvw, unitedwayniagara.org January 8, 2004 Mr. Ken Burden Director of Finance City of Niagara Falls 4310 Queen Street Niagara Falls, Ont. L2E 2L1 Dear Mr. Burden: The United Way of Niagara Falls has completed its review of the 2004 Budget Submission of Women's Place of South Niagara Inc. As you are aware, the United Way of Niagara Falls has not granted monies to this agency to date. In 2003, they requested a grant of $23,000 which was then withdrawn because of their capital fundraising campaign. For 2004, Women's Place is requesting $104,361 for their Court Support Program; Volunteer Program; Support Group; and Public Education Program at Nova House here in Niagara Falls. This request will be considered in March with the rest of our requests for new funding. Our review of this agency focused on the overall operation of the agency and evaluated the following: identified need for programs; efficient resource utilization; strong community support; responsible financial management; and sound management practices. We found Women's Place of South Niagara to be strong in all of these areas and would recommend they continue to be funded by the City of Niagara Falls. Like Project S.H.A.R.E., Women's Place of South Niagara assisted with the transition of YWCA of Niagara Falls residents to new locations last summer. Their help was appreciated by this United Way. Should you have any questions, please contact me. Sincerely, Carol Stewart-Kirkby Executive Director cc. M. McDonald President United Way of Niaga,,ra Falls "Building a Carin C ommunity " __ ___ Address: 501 7 Victoria Avenue, Niagara Falls, Ontario L2E 4C9 Phone: 905-354-9342 Fax: 905-354-:2717 ern~,ll: unitedway@mail.caninet.¢om web: www. unitedwayniagara.org Januaw 8,2004 Mr. Ken Burden Director of Finance City of Niagara Falls 4310 Queen Street Niagara Falls, Ont. L2E 2L1 Dear Mr. Burden: The United Way of Niagara Falls has completed a review of the 2004 Budget Submission of Project S.H.A.R.E. The review of this agency focused on the Food Co-op Program and the Utility Subsidy Program which are funded by this United Way. It also included the overall operation of the agency and evaluated the following: identified need for programs; efficient resource utilization; strong community support; responsible financial management; and sound management practices. In all five of these areas, Project S.H.A.R.E. scored well. Project S.H.A.R.E. has made a successful transition to new facilities, improving service to our community. These new facilities have allowed Project S.H.A.R.E. to reach out into the community and establish new relationships and services for their clients. The United Way of Niagara Falls believes this is an efficient and effective way to offer important basic needs programs that enhance the lives of many of our citizens. In 2003, we partnered with Project S.H.A.R.E. and the City of Niagara Falls to facilitate the smooth transition of residents from the Niagara Falls YWCA to other locations. We appreciate these relationships and value the hands-on approach Project S.H.A.R.E. adopted during a difficult time. Ken, should you have any questions about the Project S.H.A.R.E. budget request, please contact me. Sincerely, Carol Stewart Kirkby -- Executive Director cc. M. McDonald President City of Niagara Falls Board of Museums 5810 Ferry Street- Niagara Falls - Ontario - L2G 1S9 Tel: 905-358-5082 Fax: 905-358-0920 Mr. Ken Burden, Director of Finance City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 January 9th, 2004. Dear Mr. Burden, The City of Niagara Falls Board of Museums would like to take this opportunity to accept your invitation to present our 2004 budget requests to the Corporate Services Committee of City Council, and will be present at City Hall on January 19~, 2004. Mr. Gordon West, Vice-Chairperson of the Museums Board will be in attendance to provide a short presentation regarding our budget requests. For this presentation we are asking to be able to use the power point projector and a computer, if possible. We'd like to make a short overhead presentation regarding the Museums. Please advise if these will not be available. Thank you very much, Sincerely, Kathleen Powell Manager, City of Niagara Falls Museums cc. Board of Museums City of Niagara Falls Board of Museums Reserve Accounts Board of Museums Donation Account Membership Account Raffle Account 804-3412 $2304.60 804-3420 $862.93 8800-137 $391.61 Total $3559.14 These monies are earned through donations, memberships and fees and raffle sales. These accounts have been set up in order to maintain an accurate recording of subcommittee activities for fundraising, memberships and programmes. These figures are accurate as of November 5, 2003. Lundy's Lane Historical Museum Earned Income Account 109047 $26403.56 Monies from this account are intended for larger expenditures for equipment and/or repairs, etc. Accessions Account 109022 $15747.55 Total $42151.11 This account is maintained for purchasing artifacts for the Museum's collection, as well as items related to the collection not budgeted for in the Museum's Operating Budget, such as shelving, conservation equipment and conservation services. Willoughby Historical Museum Earned Income Account 7-150972-8 $6839.58 Accessions Account 7-150972-8 $993.17 The money in these accounts has been obtained through admissions, donations, photocopy services, fundraising activities and raffles. The earned income account is reserved for purchasing and upgrading office and museums equipment that is not provided for in the budget. It is also used for artifact repair and conservation. The accessions account is reserved for purchasing artifacts related to the Museum' Statement of Purpose. The Ci,ty of Niagara Fall~ Museums - MeasurinR Performance - 200~. Financial Performance The City of Niagara Falls Museums have undertaken to tighten up cash handling procedures and to become more fiscally responsible. Revenue Generation through gift shop sales and admissions have allowed the Museums to recover some of their operating costs. An Independent Financial Audit was carded out by Crawford, Smith and Swallow. Increase in revenue generation through the Gift Shop. Increase revenue generation through Admissions. Increase in offerings to tourism operators and to local citizens. Increase in Museums Membership Public Access The Museums were accessible to the public throughout the year. Any site closed to the public for the season was available by appointment. The public has been offered a range of days of the week to visit any of the Museums. In addition to this, the Museums have been made available in the evenings for pre-booked educational programmes and for Special Events. Public Programmes and Exhibitions The Museums offer a large range of public programmes, including exhibits of artifacts from the collection. In 2004 the Museums focused on making exhibits that were more relevant to the community, and that would bring out some objects that have not been on display recently. Exhibits that were presented in 2003 include the following: 85 Years of Women's Work: The IODE in Niagara Falls Now Let Me Fly: Black History in Niagara Falls The Niagara Scouting Museum The Niagara Native Centre The Niagara Falls Nature Club The Legion Branch//479 Park Hall Case Sports Remembrance Day HMCS Niagara City Hall Display outside clerk's office Fans Remembrance Day Winter Hats Off: Hats from the Willoughby Historical Museums Collection Willoughby Historical Museum Display at Willoughby Manor Refreshing of the 1812 exhibit Lundy family exhibit Commtmity Exhibit Programme: Special Events Old Time Tavern Sing - Battle Ground Hotel Trivia Night - Lundy's Lane Historical Museum Christmas by Candlelight - Battle Ground Hotel Teacher Open House - Lundy's Lane Historical Museum Gas Up - Willoughby Historical Museum 35t~ Anniversary Celebration of the Willoughby Historical Museum Book Launch for "A Journey Through History" - Willoughby Historical Museum Volunteer Recognition Event - Board of Museums Lundy's Lane Commemorative Service and Battle Ground Hotel Open House Cemetery Tours of Drummond Hill Cemetery - Battle Ground Hotel Campbell Research Room Opening and Dedication - Lundy's Lane Historical Museum Museums' Collections Management Campbell Research Room created to make resources more accessible to the public. New shelving was purchased for the main storage spaces at the Lundy's Lane Historical Museum and the Willoughby Historical Museum. The Main Vault at the Lundy's Lane Historical Museum was organized and made more user friendly. The Willoughby Historical Museum began the digitization of their collection, to date over a 1000 objects have been catalogued. The Willoughby Historical Museum is in the process of clearing up all outstanding long term loans. Educational Programming Time Traveller Summer Camp Progranune was expanded from one to two weeks. 7 new education programmes have been designed and sent out to all schools in Niagara Falls and surrounding area. A personal contact has been made with every school in Niagara Falls. There has been an increase in the number of school children served at the Museums. The Lundy's Lane Historical Museum has taken on three separate co-op students from local secondary schools. The Lundy's Lane Historical Museum is hosting an Intern from Algonquin College Curatorial Management Programme. The City of Niagara Falls Museums have implemented a class membership programme. The Lundy's Lane Historical Museum hosted a teacher Open House night. Other Activities Museums Manager is currently participating in the City of Niagara Falls' Heritage Master Planning Process. The Museums Staffhave been active in the Centennial Book Committee. The Lundy's Lane Historical Museum's Curator has been actively participating in the Centennial Wall Project. The Museums' staff have begun a process of strategic planning for the furore direction of the Museums. A Summer Experience Grant was provided to the Lundy's Lane Historical Museum to create a promotional digital video and promotional materials for groups and bus tour companies. The City of Niagara Falls Board of Museums' Newsletter was published 4 times in 2003 with high quality editorial contem. The Museums attended and set up displays at Canada Day, Heritage Week at the Niagara Square and Stamford% Market on the Green. The Museums Manager spoke at Stamford Kiwanis Club, the Toronto Postcard Club, The Pelham Historical Society and the Lundy's Lane Historical Society. A Diorama of the Battle Of Lundy's Lane was donated to the Lundy's Lane Historical Museum and a formal presentation was held with Tom Axworthy of the Historica Foundation. The City of Niagara Falls Museums are planning a re-enacmaent of the Battles of Lundy's Lane and Chippawa in partnership with the Royal Canadian Legion Branch #479, the Niagara Parks Commission, and the City of Niagara Falls. This event will be the major project for the Museums in 2004. Board of Museums Lundy's Lane Historical Museum Janua~ 1,2004. City of Niagara Falls Board of Museums Proposed Budget 2004 2003 2OO4 Receipts Municipal Grant Total Receipts Disbursements Secretary's Wages Postage, Office Supplies Miscellaneous Advertising Total Disbursements 3,879.00 3,879.00 1,187.00 567.00 125.00 2,000.00 3~879.00 3,879.00 3,879.00 1,187.00 567.00 125.00 2,000.00 3~879.00 No increase in Board's Budget Receipts Provincial Grant Municipal Grant Summer Career Access Revenues Total Receipts Disbursements Curatorial Wages Reference Material Cataloguing Supplies Training and Conferences Administration Receptionist/Registrar Bookkeeper 13,970.00 114,504.00 3,680.00 6,500.00 138~654.00 13,500.00 Decrease in Provincial Grant 140,912.39 23% increase 2,761.00 decrease due to changes to funding formula 11,500.00 76% increase in self generated revenues 168~673.39 86,423.00 200.00 150.00 500.00 118,091.25 37% increase to bdng Asistant Curators' wages 200.00 up to $11.00/hour 150.00 500.00 0.00 3,100.00 3,100.00 January 1, 2004. Office Supplies Memberships Research Materials Staff Training and Development Summer Career Access Photocopier GST Paid Website Development Campbell Research Room Operatina Costs Guides Telephone / Directory Hydro Heat and Fuel Water Advertising WSIB CPP / UIC OMERS Maintenance Structural Trades Cleaning Staff Janitorial Supplies Conservation Supplies and Equipment Outside Conservator Displays and Exhibits Displays and Backgrounds Fabrics and Installation Graphics Educational Programs Public Programming 1,500.00 400.00 200.00 200.00 5,000.00 0.00 2,000.00 4,950.00 4,950.00 528.00 3,000.00 452.00 4,865.00 600.00 1,600.00 500.00 1,500.00 300.00 300.00 300.00 400.00 400.00 2,500.00 Increase to take into account added programming 400.00 200.00 200.00 4,500.00 2,000.00 300.00 Added to budget for improvements to website 300.00 Added for development of research library 0.00 2,000.00 4,950.00 4,950.00 528.00 3,500.00 2,762.75 8,266.39 3,000.00 increase to take into account increases in public programming 600.00 1,600.00 500.00 500.00 decrease from 2003 for single year expenditure 300.00 for shelving 400.00 increased to take into account increases in 400.00 exhibition and public event offerings 400.00 1,000.00 Increase to reflect added programming 400.00 Willoughby Historical Museum Janua~ 1,2004. Salesware Purchases Sales Tax Remitted Total Disbursements Receipts Provincial Grant Municipal Grant Summer Career Access Revenues Total Receipts Disbursements Curatorial Wages - Curator Wages - Curatorial Assistant Reference Material Cataloguing Supplies Training and Conferences Administration Typist/data entry Bank Charges Office Supplies Memberships Postage Mileage and Trucking Staff Training and Development Summer Career Access Office Equipment Repairs and Mtc. Guides 2,000.00 175.00 126,493.00 3,300.00 42,923.00 2,672.00 1,700.00 50,595.00 23,634.00 5,760.00 130.00 350.00 200.00 0.00 60.00 65O.OO 120.00 200.00 140.00 200.00 3,130.00 300.00 5,055.00 2,000.00 175.00 170,673.39 3,100.00 decrease in provincial grant 49,693.00 16% increase 0.00 1,700.00 54,493.00 24,616.80 4%increasein Cura~¢s Wages 14,040.00 IncreaseinAss'tCura~rffom 20 ~ 3Ohm/week 100.00 350.00 200.00 60.00 650.00 120.00 200.00 100.00 200.00 0.00 250.00 removed due to the costs associated with the funding changes 2,700.00 reduced to offset increases to Assistant Curator Battle Ground Hotel January 1,2004. Telephone / Directory Hydro Heat and Fuel Water Advertising WSIB CPP / UIC Maintenance Structural Trades Cleaning Staff Janitorial Supplies Equipment - mechanical &security Conservation Supplies and Equipment Outside Conservator Displays and Exhibits Displays and Backgrounds Other Misc. Honourarium Educational Programs Salesware Purchases Sales Tax Remitted Total Disbursements OI3eratinq Costs Wages UE WSIB EHT CPP Advertising Utilities 1,300.00 160.00 1,892.00 220.00 600.00 3,156.00 160.00 250.00 170.00 70.00 350.00 300.00 0.00 200.00 40.00 100.00 215.00 500.00 0.00 49,612.00 20O3 27,552.0O 606.28 93.68 523.49 1,294.94 1,300.00 150.00 1,850.00 220.00 600.00 165.00 4,156.00 250.00 150.00 75.00 350.00 300.00 0.00 200.00 40.00 100.00 200.00 500.00 0.00 54,192.80 2004 37,492.00 1,087.27 134.97 742.15 1,537.17 9%increase in disbursements Increase to bdng Asst Curator to $11.00 per hour Phone Hydro Gas Water Administration Office Supplies Artifacts Conservation Supplies Displays Acquisitions Educational Programs Maintenance Cleaning Supplies Cleaning Staff Equipment Battle Ground Hotel Total Grand Total Receipts Grand Total Disbursements Grand Total Municipal Grant 500.00 847.69 2,774.61 1,141.07 700.00 500.00 200.00 2,000.00 300.00 500.00 39~533.76 189~249.00 219~517.76 200,839.76 500.00 932.00 3,052.07 1,255.00 700.00 500.00 200.00 1,000.00 reducedbyhalf 300.00 200.00 reduced to reflect actual costs 49,632.63 28%in=ease 227~045.39 278~377.82 244,117.02 17.7 %in=ease Janua~ 1,2004. Community Services Department Parks, Recreation & Culture Inter-Department Memorandum The of .,ogoro F°"s TO: Mayor Ted Salci and Members of City Council DATE: January 19, 2004 FROM: Adele Ken Director of Parks, Recreation & Culture Ext. 4507 RE: Recreation Commission Budget The Executive Director and a Board Member of the Boys and Girls Club appeared as a deputation at the September meeting of the Recreation Commission. The purpose of their deputation was to request additional funding in the amount of $18,100.00 for their 2004 grant. As the attached chart indicates, the Boys and Girl's Club received $191,900.00 in funding in 2003. The request for increased funding would raise their grant to $210,000.00. The Commission recommended that their grant remain at the 2003 level. During their deliberations, the Commission also recommended that the Lighting Gynmastics grant be reduced by $1,000.00. This organization requested $6,000.00 and received $3,000.00 in 2002. The Commission is recommending that they receive $2,000.00 in 2004. The Niagara Falls Badminton, Tennis & Lawn Bowling Club also requested an increase to their grant. In 2003, their grant was $5,000.00 and they requested that their grant be increased to $20,000.00. The Commission recommended that their grant remain at $5,000.00. All organizations who submitted grant applications were advised in writing of the Recreation Commission's recommendation. AK:cd attachment S:\Recreation CommissionhMemos\Council Grant Requests.wpd Municipal Works · Fire Services Working Together to Serve Our Community · Parks, Recreation & Culture · Business Development · Building & By-Law Services RECREATION COMMISSION 2004 GRANT APPLICATIONS Boys & Girls Club Niagara Falls Badminton, Tennis & Lawn Bowling Club Niagara Falls Horticultural Society Niagara Falls Lighming Gymnastic Club Niagara Falls Lawn Bowling Club Niagara Falls Summer Playground $191,900.00 $5,000.00 $800.00 $6,000.00 $191,900.00 $5,000.00 $800.00 $3,000.00 $210,000.00 $20,000.00 $800.00 $191,900.00 $5,000.00 $800.00 $15,800.00 $4,000.00 $15,800.00 $4,000.00 $15,800.00 $4,000.00 $6,000.00 $15,800.00 $4,000.00 $2,000.00 -2- Niagara Falls Summer Swim Lessons St. John Ambulance Water Patrol Stamford Lions The Family Y.M.C.A. of Niagara Falls 12,400.00 27,500.00 3,550.00 $90,000.00 Pool 2,100.00 Rental 92,100.00 $12,400.00 Transferred to G-037-3015- 2826 $3,550.00 $12,400.00 nil $3,550.00 $90,000.00 Pool 2,100.00 Rental 92,100.00 $90,000.00 Pool 2,100.00 Rental 92,100.00 $12,400.00 nil $3,550.00 92,100.00 Date Revised: August 2 7, 2003 S:lGrantsl2004 Grantsl2004 Grantsl2004 GRANT RC. SUMM. wpd Community Services Department Parks, Recreation & Culture Inter-Department Memorandum TO: ~- , Mayor Ted Salci and · Members of City Council FROM: Adele K6rv Director of Parks, Recreation & Culture Ext. 4507 RE: Arts & Culture Commission Budget DATE: Niagara FallsJl~ll~ January 19, 2004 The Arts and Culture Commission are not recommending any change to their budget. AK:cd S:kArts & Culture Commission~Budgefimemo re Council 2004 request.wpd Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services City of Niagara Falls Civic Committee c/o Parks, Recreation and Culture 7565 Lundy's Lane Niagara Falls, Ontario L2H 1G9 October 24, 2003. Dear Members of the Civic Committee, Regarding: City of Niagara Falls Centennial Project - "Images of a Century: The City of Niagara Falls, Canada, 1904-2004" The Centennial History Book "Images of A Century: The CiW of Niagara Falls, Canada, 1904-2004", which was adopted by City Council in 2002 as an official Centennial Project and for which Council provided Seed Funding, is well underway under the editorial leadership of Sherman Zavitz, Official City Historian. In response to your suggestion of 2002, we have solicited and obtained funding assistance from a wide variety of civic minded groups, businesses and associations in our community. With the funds granted from the City, contributions already received and pledged for furore donations, the Heritage Week Committee plans to produce at least three thousand copies of a hard cover publication of approximately 265 pages, with significant pictures and text. Please consider this letter as a request for the "additional drag suggested in the staffreport dated November 4th, 2003, to the Corporate Services Committee. The committee is requesting a grant matching the 2003 grant of $25,000.00. The additional funding will ensure that the project has the means to distribute complimentary copies of the publication to all City schools, Seniors Centers, Libraries and Museums, and to create a reserve fund to cover the cost of reprinting the book, when required. The committee plans to have the publication ready to go to print immediately after the Civic Centennial Celebration in 2004, in order to include this event in the book. Copies of the book are expected to be on sale in our community in time for Christmas gift giving in 2004. We thank you very much for your time and consideration of this request and look forward to being able to present this request in person sometime soon. Sincerely, Sherman Zavitz, Chair Heritage Week Niagara Committee encl. Herita.qe Week NiaRara Committee -Centennial Book Project Projected Expense Report for 2003-2004 Revenues 2003 City of Niagara Falls 2003 Stamford Kiwanis Club Niagara Falls Hydro Commission Ontario Power Generation Lundy's Lane Historical Society E.S. Fox Niagara Falls Bridge Commission In Memory of Nancy Zavitz Star Collision Metro Development Walker Industries Casino Niagara Cares Foundation Bob Gale Maid of the Mist Niagara Parks Commission Main and Ferry BIA F. Leslie 25,000.00 5,000.00 5,000.00 5,000.00 2,500.00 5,000.00 1,000.00 1,000.00 lO0.O0 250.00 1,000.00 5,000.00 25,000.00 5,000.00 5,000.00 5,000.00 500.00 Total Revenues 96,350.00 2004 Pledged Donations Bob Gale* Niagara Parks Commission* Lundy's Lane Historical Society* * These amounts have been pledged to the committee but no funds have been 25,000.00 5,000.00 2,500.00 Total Pledged Revenues Total Revenues Expenditures Computer Costs Wages - Researcher (Apr. 14, 2003 to Dec. 31, 2003) Deductions - employer portion Wages - Researcher (Jan. 1,2004 to Jul. 1, 2004) Deductions Employer portion Vacation Pay Printing Costs, including layout* Postage, Mileage, Misc. Book Launch Expenses* Photographer Costs* Computer Software Costs Total Expenditures 3,225.00 20,005.69 1,458.77 14,000.00 2,000.00 1,360.23 75,000.00 1,000.00 2,500.00 3,000.00 1,851.00 _125,400.69 32,500.00 1287850.00 * indicates estimated expenses Herita.qe Week Niagara Committee Expected Proceeds from Sale of Books $30.00 per copy Print Run of 3000 copies Free Issues to Donors, Schools, Libraries, etc. Total expected Revenues from Sale of Books - Centennial Book Project $90,000.00 -$15,000.00 $75,000.00 In-Kind Donations City of Niagara Falls Public Library City of Niagara Falls Museums Niagara Parks Commission Chamber of Commerce Niagara Falls Review Jane Palmer - Media Releases, etc. 8,000.00 10,000.00 3,000.00 1,000.00 1,000.00 Total In-Kind Donations 23,000.00 Boys and Girls Club of Niagara "Celebrating the Potential of All Children and Youth" January 14, 2004 Dear Mayor Ted Salci and Members of City Council: Thank you for inviting The Boys and Girls Club of Niagara to make a presentation at the City Council meeting, January 19, 2004. The purpose is to highlight the many reasons why council and the community have supported the Club for the last 44 years and to further clarify our funding request for the year 2004. "The Boys and G&Is Club of Niagara is a leading community organization, committed to assisting children and youth to reach their own potential, based on the Club's core values and its ability to create opportunities in an encouraging, fun and safe environment." Acheiveing this mandate, over the last 44 years, would not have been possible with out the support of the City of Niagara Falls. The relationship between the City of Niagara Falls and the Boys and Girls Club of Niagara is of mutual benefit. Through the use of the Club programs and facilities, the City has saved hundreds of thousands of dollars in recreation budgets since the early 60 's, by delivering programs through a not for profit (fee for service) system. To truly understand the nature of this value, I would like to take the opportunity to highlight the quantity of service, the quality of service, the economies and the impact Club programs have on our community. Q, uanti~ of Service In 2002, Club membership totalled 7,043, comprised of l, 465 full child and youth members and 5, 5 78 community associate members. (Annual Report 2002) The Club offers 75 - 100 different programs annually, primarily focussed on children and youth including Drop In, Meal and Transportation Programs, Summer and Holiday Camps, Sports and Leisure Programs, Licensed Child Care, and Family and Social Service Programs. (Program Brochure enclosed) Unlike adult clients who attend programs for only an hour or two and require little supervision, children stay at the Club, 1 - 9 hours per visit at an average ratio of l O children to one staff person. With the closure of the both the YWCA and Lighthouse Niagara, there are many more to be served in 2003 and 2004. The Boys and Girls Club accepted a transfer of responsibilities of programs for street involved youth from Lighthouse Niagara, and clients and staff from the YW for fitness and family resources. Quality o[ Service The true quality of the programs is reflected in the significant recognition that the Boys and Girls Club of Niagara has received at the National and Provincial level. Prime Minister's Award for Excellence in Early Childhood Education, May 10, 2003 awarded by The Honourable Jean ~.. Chrietien to Family Resource Manager - Pam Blanchfield ~ Canadian Donner Award for Excellence in ChiM Care, November 2003 awarded by The Lieutenant Governor to the Boys and Girls Club of Niagara. The Boys and Girls Club of Ontario adopted the Boys and Girls Club of Niagara's policies and procedures November 2003 as a base for provincial policies and procedures. Parks and Recreation Ontario, January 2004, recognized the Boys and Girls Club of Niagara as one of the first five pilot sites for High Five Quality Assurance in the Province. The Club employs 14fulfil time and 50 part time staff qualified and screened in chiM and youth, recreation and leisure, social service and early childhood education, all certified with first aid and CPR. The Club is an authorized Red Cross Service Provider and accredited member of Parks and Recreation Ontario's High Five Quality Assurance. Our Certified Trainers in High Five and Red Cross certify recreational staff in the Club and surrounding area. Economies Economies of scale are achieved at the Club by having the many specialized child and youth programs and services, under one umbrella sharing expenses for administration, property and building, transportation and meal services. Engaging over 250 local program and flnancial partners in the community to share in the costs, allows the Club to meet the constant challenge to keep costs low to the taxpayers as and child and youth fees low. Over 4, 770 hours of unpaid volunteer hours, further reduces the program costs. Positive Impact on the Community Programs and services must be available in our City at "low cost". It is estimated that 18% of Canadian children live in households with low incomes, close to one in five children. The Boys and Girls Club of Niagara noted that for children under 15 years, this number could be much higher in Niagara, possibly 26% or up to one of every four children (SES Public Opinion Study, 2002, Statistics Canada 2001). Our children and youth are faced with many challenges. Many of these challenges pose a risk to their health and social development. Boys and Girls Clubs specifically address these issues through provision of a wide spectrum of "prevention and intervention programs and services" that encourage leadership, resistance training, and character development. The effectiveness of Boys and Girls Clubs is clearly stated in the "Safe Havens, Safe Children ", Boys and Girls Clubs and the Fight against Juvenile Crime, published by the US Sub Committee for Crime and Drugs, 2002. These programs are the heart and soul of the Club. It is the children's programs that make the largest impact on the community. When you invest in children you invest in the future. Challenges for 2004 The greatest challenge encountered by the Boys and Girls Club of Niagara has been the significant growth over the past three years. Full membership increased from 914 members in 1999 to 1,465 members in 2002, approximately 62°4 and will continue to grow. The Club has accepted transfer of the specific program responsibilities from YWCA and Lighthouse Niagara to serve Families and Street Involved Youth respectively. The Club has grown far beyond the capacity of the 22, 000 square feet and has expanded to five locations through out the City representing splitting of resources and increased costs. In October 2003, the City facilitated collaboration in organization of Bingos that will reduce the number of Boys and Girls Club of Niagara bingos from 52 to 36 annually, thereby reducing revenues. What is required? The Boys and Girls Club of Niagara believes that the key to serving all members of the community is to develop a seamless delivery model in partnership with many community groups, working toward offering a wide spectrum of programs and services that are as universal, affordable and accessible as possible. The success achieved by the Boys and Girls Club of Niagara must be shared with the City of Niagara Falls, over 190financial supporters and donors from the community, program partners including all levels of government, the school boards, the Community Policing, local service clubs, sport clubs, and the dedication of the 250 volunteers, especially the Board of Directors whose tireless efforts drove the Club forward that extra to serve the community as it does today. The Boys and Girls Club of Niagara is determined to meet these challenges for 2004 but we can't do it alone. The Club will continue to seek funding from revenue streams such as grants, sponsorship and funding. We respectfully request a 904 increase from $191,900 in 2003 to $210,000 in 2004 to assist us with managing the City's growing needs. Please, if you require any further information, please do not hesitate to contact me. Thank You. Your consideration of our request is most appreciated Sincerely, JoAnne Hett Executive Director 289 213-8426. The City of Niagara Falls' Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on .ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city, niagarafalls.on.ca PD-2004-01 Doug Darbyson Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2004-01, Zoning By-law Amendment Application AM-44/2003, Elimination of Parking Lots as Permitted Uses Applicant: City of Niagara Falls RECOMMENDATION: It is recommended that: 1) Council defer its decision regarding the City initiated Zoning By-law amendment which proposes to require approval of Council for any new surface parking lots for purely commercial purposes in the Fallsview and Clifton Hill area in order to give concerned citizens and property owners an opportunity to review this report and have their questions properly addressed by staff; and 2) this report be circulated to all parties having expressed an interest in this proposed amendment and that the matter be brought back for Council's consideration on February 23, 2004. BACKGROUND: As Council is aware, the IBI Group was engaged (at the expense of Falls Management Company) to prepare a Parking Strategy Study since it was deemed critical to the ultimate success of the Niagara Falls People Mover Project that parking strategies be devised to support ridership in order to enhance the potential economic viability of the project - given the Partners' (the City, OLGC and NPC) position that the project would be financed and operated by a private sector partner as part of a public/private partnership without further cost or risk to the City. At the Community Services Committee meeting on April 7, 2003, a preliminary draft of the report was reviewed in general terms with the Community Services Committee. At that time, the following points were made: About 90% of the people who visit Niagara Falls arrive in automobiles that need to be parked. Accordingly, converting "parkers" of motor vehicles into "riders" of the system is a key challenge. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - PD-2004-01 To complement the People Mover System and to maximize ridership capture, it is necessary to develop and implement a parking strategy. It has been recognized that the location, supply and management of parking facilities will be a key to the success of the People Mover. Having supported and approved the Official Plan, Environmental Assessment and the acquisition of the lands for this Project, it is now critical for the City to implement a parking strategy to provide for the support of the economics of the Project so that it can occur and also to protect the investment that the local taxpayers have made. Unless ridership is supported by a rational parking strategy, it is unlikely that private investment in the Project will occur. Subsequently, IBI, Totten Sims Hubicki and the Project Director visited with each of the major local 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 Director's view that these direct consultations with interested local parties were necessary. Accordingly, there were over 10 such consultations and while this exercise delayed the final preparation of the report, it was an extremely worthwhile effort providing valuable input that resulted in a number of positive changes to the draft report. At its meeting on September 29, 2003, the Steering Committee for this Project unanimously approved the report and directed that it be forwarded to City Council for approval. The membership of the Steering Committee includes the Mayor, the CAO, the President of OLGC, the President of FMC, the Chairman and General Manager of NPC and the Project Director. Copies of the full report and the Executive Summary thereof were forwarded to all of the major local tourism stakeholders as well as all of the Tourism BIAs and the Visitor and Convention Bureau on October 8, 2003 with a request for comments and an invitation to attend the Council Meeting of October 20, 2003 for final approval of the report. As a result, a letter from the Lundy's Lane BIA and a letter from HOCO Limited were received requesting changes. The comments contained in those two letters were reconciled with appropriate changes to the report. The report went to Council last October 20, 2003 and after a presentation by Mr. Loane of IBI and comments by Mr. Lustig, Council unanimously adopted the report including the recommendation to take "all necessary steps to implement the report". A representative of the Victoria Avenue BIA and the Fallsview BIA were present at the meeting but did not request the opportunity to speak. No other person came forward to speak to the matter. Accordingly, the final report represented the work of the consultant IBI with input from the Parmers and various major local private stakeholders who were consulted during the course of its preparation. The authors of the report attempted to reconcile, to the greatest extent possible, the views of various interests that were presented to it while at the same time maintaining the basic principle that parking strategies are needed to support ridership in order to enhance the potential economic viability of the Project thereby protecting the City's investment. As Council is aware, recently the City received approval from the Federal Government for Canada Strategic Infrastructure Funding for this Project in the amount of $25 million. In reviewing the City' s application for this funding, Federal Government representatives made it clear that they regard the implementation of a supporting parking strategy as an important component in relation to their grant. January 19, 2004 - 3 - PD-2004-01 As Council is als0 aware, the Project has been set up as a public/private partnership. The City has taken the position that together with its Partners NPC and OLGC it will make the lands required for the Project available for the route for a community acceptable proposal provided a Private Proponent (consortia/investor) takes all responsibility for the costs of design, build, finance, operation and maintenance of the proposed facility (i.e., all risk) other than the Federal Government's Grant contribution. The process of selecting a private proponent under these conditions within a transparent competitive scenario was commenced over nine months ago with the issuance of Request for Expressions of Interest. It is submitted that ridership is the key to revenues and economic feasibility for the Project and having access to "parkers" is a key to getting "riders". These potential Private Proponents, in the absence of any guarantee or financial commitment to ridership revenues from the City or its Partners, are unlikely to make the investment required to build the Project. The potential Private Proponents have to be able to depend upon the City to use its regulatory and zoning controls to create conditions that would avoid the proliferation of new purely commercial parking spaces that are competitive to and unsupportive of the People Mover Project and its potential revenue stream. Without these conditions, it is unlikely that they would be able to achieve the necessary return on investment sufficient to make a significant investment in the Project. The RFQ (Request for Qualifications) part of the process for this Project has now been concluded. Six groups were qualified to participate and the next phase of the process, being the RFP (Request for Proposals) is now underway. Among the six groups that have been qualified are some of the largest companies involved in transportation projects world wide including Bombardier, Siemens, SNC-Lavalin, Mitsubishi and others. These groups have indicated the importance of a parking strategy to sustain the viability of any proposal for this project that may make. Scope of Proposed By-law Amendment The recommendation contained in tonight's report would implement one of the over 30 strategies contained in the Parking Strategy Study as approved by Council last October 20, 2003. If approved, it would require approval from Council of any new surface parking lots for purely commercial purposes in the Fallsview and Clifton Hill areas. (Presently commercial parking structures require such approval.) The effect of this change would not impact any existing purely commercial legal surface parking lots and would not impact the provision by the owners of hotels and other tourist establishments of providing parking facilities of any kind to serve the parking needs of their patrons or employees on-site or even off-site if approved by by-law whether for a parking fee or not. Moreover, the Parking Strategy Study approved by Council even allows for such owners to market their surplus parking spaces to non-patrons or employees if tied to a People Mover pass. As such, the change contemplated in the recommendation contained in this report is only aimed at the development of new surface parking lots for purely commercial purposes that would reduce the potential viability of the People Mover Project. In order to effect the change described in recommendation 1 of this report, the technical requirement for the amendment will: 1) eliminate "Parking lots with services" as a permitted use in the Commercial 1 (C-1) and Industrial 1 (I-1) zones of By-law No. 5335; 2) eliminate "Parking lot" as a permitted use in the General Commercial (GC) and Tourist Commercial (TC) zones of By-law No. 79-200; and January 19, 2004 - 4 - PD-2004-01 3) add a provision to the Parking (P) zone of By-law No. 79-200 to clarify that a commercial parking lot is not a permitted use. Since public notification of this proposal, staff has received letters and calls of concern from stakeholders. Because of this, staff is requesting deferral of the proposal until Council's meeting of February 23, 2004 in order to allow for further discussion with stakeholders. Planner 2 ~ie~Peo~Siifndgt~: [~P le .fM° v e~°ject Director of Planning & Development ~~MacD~/o~n~d~pectfully submitted: / L/Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services JB:gd Attach. S :~P DRX2004~PD2004-0 l, AM-44-03, Elimination of Parking Lots.wpd II January 9, 2004 J.,l. BRODElt~ · W.A, AMAIIIO I/L Dlmlt_a~M_~ City of Niagara Falls Planning Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Doug Darbyson: Dear Mr. Darbyson.' Re-' Zoning By-law Amendment Application; CiW File AM-44/2003 Please be advised we are the solicitors for the Victoria Avenue BIA. Many of our client's .members are currently away and have either not seen or had an opportunity to consider the above noted application. Please be further advised the undersigned will be on vacation and will not be returning to the office until January 20, 2004. Based on the above, we kindly request that this matter be deferred for an appropriate period, until sometime in April perhaps, in order that meaningful discussions can be held between staff, Mr. Lustig and all the stakeholders. This deferral will grant all the stakeholders an opportunity to return to the City or in the least, become familiar with the application while they are vacationing and provide their comments. We thank you for your assistance herein. Yours very truly, c.c. Mr. Frank LaPenna, BIA Chair c.c. Ms. Sue McDowell ,4, -'tPlliCIALIST lin CIY¥1', I.I*TIC. ATI¢tN. It. Il /- jAON EIVED1 9.- 200~ PLANNING PLANNING I~E~T January 13, 2004 ~L"~'~ ...... 2003 Please reply to the Niagara Falls Office ~ i:, / -: ; ? :' ': City of Niagara Falls 4310 Queen Street P. O. Box 1023 Niagara Falls, Ontario L2E 6X6 Attention: Dean Iorfida~ City Clerk Dear Sir: Re: 1598659 Ontario Ltd. re: Zoning By-law Amendment Application re: File: AM-44/2003 We act as solicitors for 1598659 Ontario Ltd. Prior to the date of the Public Meeting Notice in respect to the above, our client executed an irrevocable Agreement to purchase lands zoned "Tourist Commercial" in the Central Tourism District which Agreement was accepted by the Vendors on or about the date of the Public Meeting Notice herein. In advance of executing the Agreement our client' s consultant reviewed By-law 79-200 and concluded that a "Parking Lot" was a permitted use in the "TC" zone. On this basis, our client agreed to acquire the lands for a substantial sum. Given the above, our client is requesting that Council defer its consideration of the Application herein for a period of at least two months to give our client the opportunity to fully understand and consider the impact of the proposed zoning by-law amendment on its future development plans. We thank you in advance for your consideration in this matter. Yours very truly, SULLIV~LN MAHONEY LLP RV:cjb cc: Mayor Ted Salci Members of Council 1598659 Ontario Ltd. ~ete~ati,~ 50 ~ea~.~ o~ Setvice Sullivan Mahoney LLP, Barristers & Solicitors 40 Queen Street, P.O. Box 1360, St. Catharines, Ontario L2R 6Z2 Telephone: 905~688.6655, Facsimile: 905.688.5814 4780 pottage Road, Niagara Falls, Ontar o L2E 6A8 Telephone: 905.357.0500, Facsimile: 905.357.0501 www.sullivan-mahoney.com PLANNING C. H. Mahoney, QC. v.F. Muratori, Q.C. P.B. Bedard G.A. Wiggins P.T. Banwell, Q.C. T.A. Richardson W. B. McKaig J. Dallal D.A. Goslin J.M. Gottli R.B. Culliton J.R. Bush B. A. Macdonald M.J. Bonomi G.W. McCann S.J. Premi C. D'Angelo R. Vacca K. A. King J. Clarkson B.J. Troup M F. Murphy S. Mackay Of Counsel (Commercial Law): M.D Kriluck P. M. Sheehan P. A. Mahoney T. Wall Memo To: Doug Darbyson From: Harry Oakes Date: January 14, 2004 HOCO ENTERTAINMENT & RESORTS' Quality Inn. Comfort Inn. Wendy's o Rumours o Kelsey's o Boston Pizza Sports Zone · Golden Griddle · Niagara Marketplace · Fudge Factory Great Canadian Midway · Movieland · Dinosaur Park · Falls Tower Planning $canrled RECEIVED PLANNING -&~DEVELOPMENT Director of Planning & Development City of Niagara Falls Re: Proposed Commercial Parking By-Law Over the past several years that the people mover initiative has been discussed we have been very supportive of the potential development. Our support has been based on the ability of a people mover system to link the various areas of the city creating a stronger destination and resulting in an increase in length of stay by visitors. While I understand the intent of the proposed by-law is to support the system by allowing the developer of the system to control future parking I believe the current proposal cannot stand alone without a comprehensive people mover development plan. On several previous occasions I have expressed concerns, which were not addressed in the current People Mover Parking Strategy Report. 1) Commercial Parking Designation When you have multiple operations served by a central parking lot such as out situation on Clifton Hill, similar to a shopping mall with central parking, various departments at the City are confused as to this being a commercial parking lot when at the same time our site plan agreement requires the parking. The new parking strategy report identifies the issue to an extent but does not provide any detail for the by-law. 2) Schedule Our greatest concern is the plan to eliminate current Parking years pdor to a potential people mover system being developed. This parking is required today and without the many small commercial lots the immediate availability of parking will decrease at a time when the report suggests we have a pending shortage of parking. Should the people mover system not proceed and we have eliminated all the commercial parking we would have a traffic and parking disaster. PLANNING TINGJA. _N 1 9 200/, HOCO Limited · 4960 Clifton Hill · P.O. Box 60 · Niagara Falls · Ontario · Canada · L2E 6S8 Teleohone: 905-357-5911 · www. cliftonhill.com · Fax: 905-358-5738 3) Customer Service The people mover parking strategy report is very focused on what the potential people mover developer needs but does not address the visitor's preference. In my experience customers want convenient and safe parking as demonstrated by the success of shopping malls at the expense of the traditional downtown areas. A comprehensive plan must meet our visitor's service preference and at this stage it has not been addressed. In conclusion ! would like to express my strong opposition to the proposed elimination of commercial parking lots at this time. Should a comprehensive plan be produced incorporating a people mover development for implementation we would be flexible to re- evaluate our position. GENERAL CONTRACTING PROJECT MANAGEMENT~-T-~ Co struct on L Plnpue & Sons n td 644 1L9 ~ ' J~ 12,2004 City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 RE: Zoning By-Law Amendment No. 5335 and No. 79-200 Meeting - Monday January 19,.2004 6:00 p.m. Council Chambers, City Hall 4310 Queen St. Dear: His Honor the Mayor Ted Salci & Doug Darbyson ( Director of Planning & Development ) Further to the above noted meeting for the parking zoning by-law amendment, I would like to request permission to speak at this meeting. It would appreciate if you could advise the location of the proposed monorail and your confirmation that I will be able to speak at your earliest convenience. Please call me at ( 905 ) 356-3186 to advise. Thank you for the opportunity to speak. Sincerely Feliciano Pingue FP/cs PLANNING I~EET)NG JAN 1 9 200/, ,l~ OHTARIO AVI~ POST I)Flq~ BOX 897 NIAGARA YALLS, 0NT.A_~ CANADA LZE 6~6 ,r~ (ab-) 356-am ]~ix (905) 3rm.6904 J..T. Blt0DEItlCi, * WJ. AMABIO GA..rm~wJtM LtL _r~__._mm_ .TI t' M. January 15, 2004 City of Niagara Falls Planning Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Doug Darbyson: Dear Mr. D. arbyson: Re: Zoning By-law Amendment Application; City File AM-4412003 Please be advised we are the solicitors for tho Fallsview BIA. Many of our client's members are currently away and have either not seen or had an opportunity to consider the above noted application. Please be further advised the undersigned will be on vacation and will not be returning to the office until January 20, 2004. Based on the above, we kindly request that this matter be deferred for an appropriate period, until sometime in April perhaps, in order that meaningful discussions can be held between staff, Mr. Lustig and all the stakeholders. This deferral will grant all the stakeholders an opportunity to return to the City or in the least, become familiar with the application while they are vacationing and provide their comments. We thank you for your assistance herein. Yours very truly, BRODERICK & PARTNERS tMG:ii C,C, C.C. C.C, Mr, David Jovanovic Mr. Nick Matovic Ms. Sue McDowell Mr. Ed Lustig '1' FI,T.~EP{T IN IIO'FR' I'FAI.IA~ &Krl Ftl'Rh'Cll Corporate Services Department PD-2004-07 Niagara Falls Con~~ 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 Doug Darbyson Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-07, Status Report Regarding Zoning By-law Amendment Application AM-35/2003 6361 Fallsview Boulevard and Associated Off-site Lands Applicants: 876891 Ontario Limited, 1140464 Ontario Inc. and 1229142 Ontario Inc. Agents: Peter Smith, Planner; John Ingles, Solicitor Proposed Expansion to the Hilton Hotel RECOMMENDATION: It is recommended that: 1) Council receive this status report for information purposes; 2) Council receive the submissions made at the public meeting and refer same to staff for consideration as part of their review; and 3) Staff be directed to continue discussions with the applicant in an effort to resolve the outstanding issues. BACKGROUND: 876891 Ontario Limited have made application to amend the Official Plan and Zoning By-law for the land at 6361 Fallsview Boulevard, site of the Hilton Hotel, and 6408 Stanley Avenue, site of the Days Inn, both shown as Parcel 1 on Schedule 1, to permit a 58-storey expansion to the Hilton Hotel. Parcels 2 and 3, leased from Ontario Power Generation and Hydro One, respectively, are proposed to be zoned for permanent off-site parking. The subject lands are shown on Schedule 1. The amendments are requested to permit: a proposed 58-storey expansion to the existing Hilton Hotel; a portion of the required parking to be located off-site on Parcels 2 and 3; Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - PD-2004-07 a reduction in the zoning standards for parking as it applies to the proposed development; parking to be provided in tandem on Parcels 2 and 3; and a reduction in the dimensions of the parking stalls and manoeuvring aisles as prescribed in the Zoning By-law. Details are shown on Schedules 2, 3 and 4. The subject lands are designated Tourist Commercial in the Official Plan. The applicant is requesting a special policy within the Official Plan to permit a building height of 172 metres. Parcel 1 is zoned Tourist Commercial (TC) in part and TC-455,503 and 507. Special provision 455 permits the current development. Special provisions 503 and 507 permit required parking to be temporarily located on Parcels 2 and 3, respectively. Parcel 2 and Parcel 3 are correspondingly zoned TC-503 and TC-507. The applicant is requesting a new site specific by-law be applied to the subject lands to permit the proposed development. Site Description Parcel 1 - "The Hilton lands" The Hilton lands are currently occupied by two hotels, the Hilton being comprised of a 32- storey tower completed in 2000 and a 15-storey structure built in 1987, together with a Denny's restaurant and the 3-storey Days Inn. Surface parking for 82 cars also exists on the lands. Parcel 2 - "Jungleland" Located directly west of the Hilton lands across Stanley Avenue, Jungleland (so named after its former mini-putt use) is currently used as an off-site parking lot for the Hilton Hotel under a one-year temporary use by-law which was approved by Council in March of 2003. The lands are currently under lease to the applicant from Ontario Power Generation. Parcel 3- "The Allendale lot" The Allendale lot is located within the hydro transmission corridor and is under lease to the applicant from Hydro One. The land is currently being used as an off-site parking lot for the Hilton Hotel, like jUngleland, and is also under a one year temporary use by-law which was approved by Council in March of 2003. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. Comments received to date are noted below. Parks, Recreation & Culture No objections January 19, 2004 - 3 - PD-2004-07 Municipal Works · Infrastructure Dedication of daylight triangles at the intersections of Murray Street and Stanley Avenue and Murray Street and Fallsview Boulevard. · Parking & Traffic Regional Planning People Mover Study Regional Public Works A civil engineering study is required from the applicant to demonstrate that development will not adversely affect the municipal sanitary sewer system as the proposed density of the development exceeds the design density of the sewer system. A storm sewer will have to be extended along Robinson Street from Stanley Avenue once the Region has constructed the municipal storm sewer along Stanley Avenue. The applicant will have to pay $50,000.00 to cover its proportionate share of the cost of the sewer extension. The traffic impact resulting from a development of this high a density has not been globally forecast throughout the tourist area and the affects on the road network reviewed. It is necessary to assess the potential impacts to the infrastructure resulting from a density almost double relative to today's standards. This may be carded out through the completion of a Master Plan Area Network Analysis. Further information and analysis is required from the applicant regarding background traffic, parking stall sizes and tandem parking. Staff have met with the applicant's consultant. Further information has yet to be submitted. Recommends deferral of the application until completion of the Tourism Policy Review (letter is attached) Not opposed to the application provided that the conditions referred to in his memorandum are attached to any approval in order to protect the potential revenue stream of the project as well as the City's investment in the project. We wish to express our concern with the magnitude of this proposed hotel/convention facilities development upon existing and planned wastewater, water and transportation services, as well as the implication that any such precedent setting approval may have upon the ultimate build out of this commercial area. Accordingly, we are of the opinion that this application should not be considered in isolation and certainly not prior to a thorough analysis of its servicing demands and affect on all downstream infrastructure. - 4 - PD-2004-07 January '19, 2004 Planning Issues The proposed Hilton expansion is the largest hotel development the city has experienced to date. Because of this, there arc several issues that have arisen. These issues, as detailed below, are both site specific and broad based, the latter affecting the tourist core as a whole. Building Height Thc City is currently conducting the Tourism Policy Review for buildings greater than 30 storeys. On December 8, 2003, Council supported in principle the consultant's recommendation for an increase in height for second tier developments up to 45 storeys. The proposed building height of $8 storeys is substantially greater than the 4S-storey proposal that has been recommended. Although planning justification for the $8 storeys has been submitted, the fact remains that, if built, the building will be the tallest building in the City, approximately $$ feet higher than the Skylon Tower. The developing skyline is a matter of concern to the tourist commercial community and the community at large. What should thc skyline look like? Should thc Skylon tower be protected as an icon in terms of height and prominence? Cities arc defined by their skylines which is why, through thc second phase of the Tourism Policy Review, consultation with thc community will be undertaken together with further planning and urban design analysis. It is anticipated that the Tourism Policy Review will be completed within thc next four months. o Built Form The proposed building contravenes the current Official Plan policies and built form guidelines as well as the strategies being recommended by the IBI Group in their phase 1 report. The building width is 100 metres up to the 33rd floor (a 60% increase) and over 48 metres up to the 58th floor (a 62% increase). The mass of the building will undoubtedly create a wall and will be a very dominant presence within the skyline. The APR panel has also raised concerns regarding the mass of the building. The panel is requesting that the project architect investigate methods of reducing the building mass including the construction of a second point tower as an alternative to adding onto the existing building. Set against the massive tower is the podium which extends across the three street frontages. The podium achieves certain design elements of the Policy Review including entrances at both street comers, a covered walkway and stairs along Murray Street, pedestrian-scale uses (retail, restaurants). The strong architectural presence of the podium at Fallsview and Murray counterbalances the Casino podium on the opposite comer. The APR panel is supportive of the podium design, stating it is well conceived and will provide the required pedestrian-scale uses. Density The scale and magnitude of the proposed Hilton expansion has raised questions about servicing capacities and the ability of existing and planned infrastructure to accommodate this type of development. Similar concerns have been raised with respect to traffic generation and road capacity. The best way to control growth in a sustainable manner is to use density regulations. January 19, 2004 - 5 - PD-2004.07 By establishing density "benchmarks", long-term planning for infrastructure and transportation can effectively be undertaken. The City's consultants have been asked to consider density guidelines as a means of regulating new development. 4. Public Benefits Other cities such as Toronto and Chicago require developers to contribute to public and community benefits in exchange for the privilege of building a tall building. The reason behind this is that as the developer benefits with an increased market value for the property because of an increase in building height, then the community should realize a corresponding level of benefits in the form of services and facilities. Council is aware that through the Tourism Policy Review, staff and the City's consultant will be reviewing this issue fully and reporting back to Council. The "menu" of benefits requires careful assessment as each benefit has to be applied fairly, balancing the gain for the applicant in terms of development privileges and the return to the community in terms of benefit. At this point, the consultant has proposed a sample method of benefits for development privileges but this has to be fully analyzed before it can be applied to the Hilton proposal. In addition, benefits which contribute to community facilities are being examined through the Phase 2 review. 5. Off-Site Parking In the past, Council has limited Hilton's off-site parking by only approving temporary use by- laws for the off-site lots. Concerns have been raised that developers should provide all required parking on site. This is consistent with arguments that staff has recently made with respect to proposals for off-site parking. Off-site parking results in more traffic generation, thus creating more traffic congestion on already constrained street systems. The applicant's consultant has confirmed this last point by stating that 30% more traffic will be generated from the hotel lands due to the off-site parking. While the applicant's planner notes with a degree of merit that the off-site lots are primarily to be used at times of peak parking demand, the peak parking demand will occur during the summer months when area traffic volumes are the highest. Thus, the increase in traffic generation due to off-site parking will have significant impact on the traffic volume experienced by the road network. The Hilton proposes that 45% of the required parking be permitted off-site. 6. Use of the Hydro Corridor Both off-site parcels are leased. Jungleland is under long-term lease with Ontario Power Generation and the Allendale lot on a 5-year renewable lease from Hydro One. The Province has requested that municipalities declare if they have a public interest in any hydro corridors through their SecondaryPlan Land Use Program. Council, through adoption of report PD-2003- 107 at its meeting of December 8, 2003, has indicated that there is a public interest in the Hydro corridor adjacent to Allendale Avenue as it serves as an important urban land use separator or buffer between the tourist core and the residential lands to the west. It would be difficult to support the applicant's proposal to establish off-site parking on the Allendale lot on a permanent basis given Council's general intent to use the hydro corridor as a residential buffer. - 6 - PD-2004-07 January19,2004 7. Other Issues On March 17, 2003, Council approved temporary use by-laws for the Jungleland and Allendale parking lots. These by-laws will lapse on March 17, 2004. The applicant will have to address this matter forthwith. Staff noted at that time, in report PD-2003-26, that road widenings along Fallsview Boulevard and a daylight triangle at Fallsview Boulevard and Murray Street had not been dedicated to the City. Also that the site plan agreement had not been registered nor have final building permits being issued. These matters are still outstanding. CONCLUSION: This status report has been prepared to acquaint Council with the details of the proposed Hilton expansion, issues respecting Official Plan conformity, relationships with Council's Tourism Policy Review initiative and matters which need to be resolved. The applicant and his consultants have been working with City staff and the Peer Review Panel in the attempt to resolve issues. The applicant has been asked to consider design alternatives that would reduce the impacts of height and massing and to reconsider the emphasis being placed on the provision of off-site parking. These and other matters will require more discussion. The Hilton expansion is the largest hotel development proposal that the City has received. The current proposal does not comply with the City's planning program in terms of the skyline vision, building height and massing as characterized in the City's Official Plan. There are potential long-term ramifications on the City's planning program, infrastructure capacity and road network. The APR panel is opposed to the application due to the extent and magnitude of the proposal. Accordingly, staff cannot recommend this application as currently proposed. Both staff and the Peer Review Panel would hope through continuing discussions with the applicant that the issues identified in the status report can be resolved. Furthermore, matters arising from the public meeting should be referred to staff for detailed review. P~pectfully subnlitted: / //Vo hn MacDonald v Chief Administrative Officer Recommended by: o ;on T Director of Planning & Development Approved bye_ T. Ravenda Executive Director of Corporate Services JB:gd Attach. S:~PDRX2004~PD2004-07, AM-35-03, 6361 Fallsview Blvd., Hilton Hotel.wpd SCHEDULE 1 LOCATION MAP Subject Property Official Plan and Zoning By-law Amendment. Location: Applicant: Parcel 1:6361 Fallsview Boulevard. Parcel 2: Southwest comer of Murray Street and Stanley Avenue. AM-35/2003 Parcel 3: West side of Allendale Avenue. 876891 Ontario Limited., 1140464 Ontario Inc and 1229142 Ontario Inc. K:\GIS_R~Xlueats~.003XSchedules'~ZoniagAM~M.35 ~plng.ap~ 1 :NTS September 2003 ./ I I SCHEDULE I t! ! i ,Il !, /i.'~ ii 'l ,!l · I Ontario The Niagara Parks Commission Bdan E, Merrett Chairman John Kernahan General Manager II P.O. Box 150, Niagara Falls, Ontario, Canada L2E 6]2 Web Site: www. niagaraparks, corn Planning Scanned Engineering Phone: 905/356-2241 Ext. 216 Engineering Fax: 905/356.7262 E-Mail: npceng@niagaraparks, c0m January 14, 2.004 Mr. Doug Darbyson, Director of Planning City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Sir: RE: OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATION CITY FILE AM-3512003 PROPOSED 58 STOREY EXPANSION TO HILTON HOTEL, 636'1 FALLSVIEW BLVD PROPOSED REDUCTION IN PARKING STANDARDS AT VARIOUS SITES The Niagara Parks Commission's latest report from the Architectural Peer Review with respect to this proposal was dated October 24, 2003. At that time the Peer Review Committee did not approve of the expansion project and were waiting for the developer to address the outstanding issues outlined in their report. To our knowledge the Architectural Peer Review committee has not issued a subsequent report and so The Niagara Parks Commission must object to this application being addressed by council at this time. We realize that the application has been deferred on two occasions at the request of the proponent however we suggest that the application be deferred once again until such time as the developer has satisfied the Architectural Peer Review under By-Law 99-184 known as Official Plan Amendment 26. Yours truly, Dave Gillis, MCIP, RPP Manager- Planning & Properties JAN 1 ~ ZO0~ PLANNING S_kylon lower 5200 Robinson Street NiagaraFalls, Canada L2G2A3 Telephone905-356-2651 Fax905-356-8699 January 14, 2004 Mayor and Members of Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sirs: RE: RE: Official Plan and Zoning By-law Amendment Application - City File AM-~,472003 Applications for 6361 Fallsview Boulevard (Hilton Hotel) and for 6408 Stanley Avenue (Days Inn), Niagara Falls · Limited (Skylon Tower) which is the owner of lands I am writing to you on behalf of 656508 Ontario in the vicinity of the above-noted Applications. The principals of 656508 Ontario Limited are members of the Yerieh Family which, as you know, have significant holdings in the area including the operation of the Skylon Tower. This letter represents our further written submissions in opposition to the above-noted applications. You may recall that we submitted submissions earlier in this process pursuant to our letter of October 15, 2003, another copy of which is attached to these submissions. Since our last submission to you, we have further reviewed this matter including a review of the Application and the Applicant' s Planning and Design Justification Report, Wind Study and Parking Study. We have now also had an opportunity to review the Architectural Peer Review Report for this Application. It remains our position that this Application continues to fundamentally undermine the integrity of core principles in the City's Official Plan, especially with respect to issues of skyline development, building height and massing. If this Application is approved, a planning environment of complete uncertainty will emerge for the City of Niagara Falls wherein the only limitations on height and size will be engineering constraints. -2- Our primary concems are three-fold. Firstly, the Application fundamentally jeopardizes core concepts within the City's Official Plan with respect to the City's skyline development. Secondly, the grounds advanced for justifying a structure of this height and mass could easily be applied to the balance of the lands in the Fallsview District, up and down Stanley Avenue. Thirdly, the Application, if approved, begins to set a precedent whereby the tourist district "tums its back" on the balance of the City; a 'walled' tourist district will have no connection with or transition to the rest of the City. The Skyline of the City of Niagara Falls The development of the skyline of the City of Niagara Falls, as a world class skyline, is at a critical juncture. After years of analysis, consultation and negotiation, the critical concepts of OPA 26, adopted in 2000, recognized the importance and character of the three existing viewing towers as icons. Section 4.1.23 of the City's Official Plan provides the overall objectives as follows: The skyline of Niagara Falls shall continue to be characterized by the three existing viewing towers. New high-rise buildings shall be of variable heights and mass and shall not form a continuous wall when viewed from Queen Victoria Park, the U.S. side or the City of Niagara Falls. To achieve these objectives, any proposal to exceed 4 storeys in height shall be considered by zoning by-law amendment on a site specific basis. As indicated in the underlying TADS study, the viewing towers added visual interest to the Niagara Falls experience and indeed have added to the public perception of what makes the City of Niagara Falls different, interesting and being considered a tourist locale. It is these types of structures that help to ensure that a skyline is both memorable and somewhat unusual. In contrast, we would argue that skyline features that are driven solely by height and mass, while having some sheer visual impact, suggest nothing more to the public than monotonous commercial undertaking. To put this Application in its context, the proposed 58 storey hotel (172 metres or 564.16 feet) will be over 110 feet higher than the observation deck of the Skylon Tower at 450 feet (510 feet to the tip). After taking into consideration the 45 foot elevation differential between the base of the Skylon Tower and the base of the existing Hilton Hotel, the top of the Hilton would be about 160 feet (16 storeys) higher than the Skylon. At 58 storeys, the proposed hotel would be 22 storeys higher than the next tallest hotel. At 58 storeys, the proposed hotel would be approximately twice as high as the 30 storeys that TADS and OPA 26 considered the maximum. It is an obvious conclusion that this proposed structure, if approved, completely overwhelms its neighbours and undermines the status of the Skylon Tower as one of the visual icons of the City of Niagara Falls and that a radically different pattem begins to emerge for the impressions that will be left about the City's skyline. It is worth noting that OPA 26 did not envision a uniform pattern of structures at 30 storeys. (Section 4.4.2 and 4.4.3) The intent of the Official Plan, as it is understood by us, was to allow for variability in height and massing for a maximum height of 30 storeys provided that a number of other design and public realm aspects were addressed by a proponent. Up to 30 storeys was the end result, not the starting point. We also note that it was these very concepts that we endeavoured to incorporate into the planning and approval for our proposed hotels north and south of the Skylon Tower. We were careful to design these hotels to preserve the icon status of the Skylon Tower. In our view, these critical official plan concepts are now being turned upside down to justify additional height and massing on the basis of allegedly providing variability and interest in the skyline. We have also noted that there has been ongoing criticism with respect to the design and development of structures in the southerly area of the Fallsview District. While these observations may be accurate, and such approvals regrettable, those outcomes should not be used to create or drive a new planning regime for the balance of the Fallsview District. Fortunately, the Skylon Tower is still set some considerable distance away from the structures now built in the southerly portion of the Fallsview District area and from most vantage points, the Skylon Tower retains its status as a unique and interesting structure on the City's skyline. In this regard, we see some parallels in the existing situation for the skyline of the City of Toronto or the skyline of the City of Seattle where viewing towers, because of good setbacks from other commercial towers, have remained as interesting and dominant visual focal points on the skylines~ In our view, the proposed application because of its sheer height, mass and proximity to the Skylon Tower will fundamentally overwhelm the Skylon Tower's place on the skyline and reduce its significance as a focal point for both the distant and nearby observer. Impact on the Planning Regime for the Tourist District of Niagara Falls We have set out below some further comments with respect to the Planning and Design Justification Report filed on behalf of the Applicant in this matter. In our view, the justification arguments advanced by the proponent are in many respects arguments that can be used to justify structures of this magnitude up and down Stanley Avenue, regardless of the deferred status of the height issue on the Applicant's site. For the sake of creating rooms that have views of the Falls, it is not difficult to envision that there will be numerous further applications for high rise hotels to fill out the middle and northern portions of the Fallsview District. Indeed, one would expect applications for heights in excess of what is proposed in this Application in order to achieve the same perceived benefits. While every application must be assessed on its own merits and while there may be unique circumstances relevant to every development site, there can be no doubt that approval of this application sends a clear message that higher heights and larger masses will be allowed or given consideration in the City of Niagara Falls. Our concem is that this approach fundamentally undermines the planning expectations of all parties, whether public or private. To those parties who have already initiated developments or made plans based upon the guidelines in the Official Plan, their expectations about the place and stature of their structures within the Fallsview District and within the City at large are being fundamentally altered. For parties who have not yet developed sites, there may be a new perception that "the sky is the limit". -4- The Impact of Such Developments on the Balance of the City In view of our comments above with respect to the precedent setting nature of this Application, it becomes difficult to understand how such applications will allow for any transition to or linkage with the balance of the City of Niagara Falls. The logical extension of the approval of this Application is a wall of high rise hotel structures on both sides of Stanley Avenue. One would expect such structures, for normal business reasons, to have all of their design qualities, features and rooms oriented toward the east- towards the Falls. As each site is developed, the views for the residents of Niagara Falls will increasingly become views of the backs of hotel towers. The hotel towers will have heights and mass that will preclude any ability to allow for viewing transition or buffering between the tourist district and the balance of the City. There is a higher risk of isolating and fortressing the tourist district from the rest of the City. We are concerned that policy 4.1.24(b) of the Official Plan which provides that "Building heights will be reduced toward the periphery of the tourist core in order to respect the scale and character of surrounding land uses" simply cannot be accomplished to any plausible degree with a development of this height and magnitude. Some Specific Comments on the Materials Filed in Support of the Application We have reviewed the Planning and Design Justification Report prepared by the planners and architect for the Applicant. Among other factors and conclusions, the consultants make the following assertion at page 2: "The proposed 58-storey will contribute to the creation of a distinctive skyline for Niagara Falls, and will complement the other high-rise elements in the immediate area, including the existing Hilton Hotel, the new Hyatt Hotel and the Skylon Tower, while providing for a range of building heights." (a) With respect, the skyline for the City is already distinctive and unique; this Application undermines that distinctiveness. There is simply no analysis of this proposition and, in our view, it is simply incorrect to argue that the proposed 58-storey hotel would complement other high-rise elements, including the Skylon Tower. The uniqueness and novel design of the Skylon Tower will be diminished and lost by such a development and no foundation has been established for the statement that the two structures, given their proximity, are complementary; the proposed hotel will completely overwhelm the Skylon Tower. Similarly, to the extent that the new Hyatt Hotel has brought a design that adds elements of character and variety to the skyline, that structure is also overwhelmed. (b) Much of the justification report analysis with respect to building height and massing deals with views from the Park and other selected views. In our view, the justification report did not deal with a range of other critical views including views from the QEW, views from the near and distant American perspectives and views from the City itself looking east towards the Falls. In our view, the Skylon Tower, while still retaining some visual status from some (c) (d) -5- perspectives, will be significantly hidden away from various viewing points, especially from the QEW or from the City itself. It will become an indistinguishable structure as viewed from the American side and will be lost in a backdrop of higher hotel structures. We believe that it is critical to study and model in far greater detail the full spectrum of perceptions and views that will be created by a structure of this height and magnitude. We have also reviewed the Justification Report with respect to the comments on the massing of the proposed structure. The proposed structure is massive. By connecting the new structure to the existing hotel (which we suggest is being driven by engineering needs as much as by design) the resulting structure is completely overwhelming. Its overall general rectangular shape at high elevations in our view leaves an impression of bulk and mass which is not offset by any of the roof features that are proposed for this structure. We note that the issue of massing is significantly commented upon by the peer review committee and we adopt the peer review committee's comments in this regard. We have also reviewed the parking study filed in support of the Application and simply note at this time that so much offsite parking is required because of the sheer size and magnitude of the proposal. To our understanding, offsite parking remains as a concern for the City. From our perspective, the need for so much offsite parking is indicative of the over intensification of the site. Other Considerations We are also aware of and have reviewed in detail the recent report of the IBI Group with respect to building heights in the City of Niagara Falls. While we remain concerned that some of the assumptions in that report for higher building heights are problematic, it appears to be the case that the issue of building heights is a matter of concern to, and requires further consideration by, the City. To this extent, we are concerned that this Application is significantly premature if there is to be further useful consideration of the issue of building heights in the City. Approval of this Application at this juncture would substantially diminish the value in any further consideration of building heights in the City. Conclusion We are and will remain opposed to this Application. Key principles in the City's Official Plan are fundamentally undermined by this Application. The proposed structure is too massive and too high. The proposed development is an overintensification of the site. The proposal does not represent good land use planning and based upon the justification provided, sets the stage for a radically new series of developments in the City of Niagara Falls that will completely change the planning regime and reasonable expectations. Yours very truly, Corporate Services Department Niagara Fallslll~ Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on .ca Tel.: (905) 356-7521 Fax: (905) 356-2354 E-maih planning@city.niagarafalls.on.ca January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-08, Zoning By-law Amendment Application AM-47/2003, 6398 Montrose Road Applicant: Vincent Marinelli Agent: John Marinelli Catering Business - Zoning By-law Schedule Change RECOMMENDATION: It is recommended that: PD-2004-08 Doug Darbyson Director 1) 2) Council approve the Zoning By-law amendment application to remove the rear (easterly) portion of the property from the existing schedule to By-law No. 94-292; and Council adopt the amending by-laws appearing on tonight's agenda. BACKGROUND: Proposal The amendment is requested to satisfy a condition of provisional consent granted by the City's Committee of Adjustment (File B09/2003/NF) in February 2003. The applicant proposes the severance of a new residential building lot with frontage on Graham Street and to retain the land containing the dwelling known municipally as 6398 Montrose Road. The location of the property is shown on Schedule 1. The proposed configuration of the lots (Part 1 and Part 2) is shown on Schedule 2. The entire property is currently zoned Residential Single Family 1D Density (RID-361) with site specific provisions allowing a portion of the existing dwelling to be used for a food catering and take- out business. The applicant has requested that Part 2 be removed from the zoning schedule of site specific By-law No. 94-292, thereby only permitting the special catering business zoning for the existing dwelling on Part 1. 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: }Vorking Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 -2 - PD-2004-08 Municipal Works - No objection. Conditions of the severance application address servicing issues. Parks, Recreation & Culture - No concerns. Parkland dedication requirements for the new lot to be satisfied through the severance. Regional Planning & Development - No objection to the proposed rezoning. Planning Review Various matters were considered in assessing the application. Based on this analysis, approval is recommended. The review of the proposal is summarized as follows: The amendment complies with the policies of the Official Plan and is appropriate. The City's Official Plan designates the property Residential which permits a variety of housing types and compatible ancillary uses. The zoning approval from 1994 allows a home business within the existing dwelling and the by-law schedule applies to the whole site. The new lot proposed through the related severance application is in the rear (east) portion of this deep property with access to Graham Street. Staff recommended approval of the severance for a wide and shallow lot recognizing that a unique dwelling design or relief from typical front and rear yard building setbacks would likely be necessary. This support was based on the compatibility of the proposal with existing and future development and a more efficient use of urban residential land. Approval was subject to several conditions including a change to the zoning by-law schedule. Removing the vacant land (Part 2) proposed for a new dwelling from the schedule to By-law No. 94-292 maintains the original intent of the by-law that the catering/take-out business be within a portion of the existing dwelling fronting on Montrose Road. CONCLUSION: Approval of the requested zoning amendment would satisfy a condition of severance required to create the proposed new lot. The amendment maintains the original purpose and intent of By-law No. 94-292 for only the existing dwelling (6398 Montrose Road) to have special catering business zoning and is therefore recommended for approval. Prepared by: Richard Wilson Planner 2 T. Ravenda Executive Director of Corporate Services Recommended by: Doug Darbyson Director of Planning & Development ~M ~Dspectfully submitted: onald L/Chief Administrative Officer RW:pb Attach. S:LPDRX2004~D2004-08, AM-47-03, 6398 MontroseRd Proposed Residential Lot Bylaw Schedule Change.wpd SCHEDULE 1 LOCATION MAP Subject Land CHARNWOOD AVE ; CRT PETRULLO CRT NASRULLAH CRES Amending Zoning By-law No. 79-200 kocation: 0398 Montrose Road Applicant: Vincent Marinelli AM-47/2003 I:NTS K:~GIS_Request s~2003~chedules~nin~47~napping.apr December 2003 J LOT 5 5 KEY PLAN (.OT To SCaLe) c~ OF ~A~ FA~S ~ "~E~/DENT/~L" -,~ __~s~ ..... ~ .................. Graham Graham ' ..................................... ~ree~ pART 2 AREA-14290~: SQ. Fr. Port 8. P~n 59R-6420 ~) LO'~ , ~'¢~'^~' · ' --~ ........... ~-- ~ ~-~;~J~ / ~-- ~- ~ ~ ~A~ FA~S ""' ~ ~ ~ K~ T ~0~ J REGIONAL MUNICIPALITY OF NIAGARA I~P[RIAL NOT[ ~[[~, ~Be~ ~e - · J ~ ~ ~ - ~ ~. ,~ NO~: ~lS ~[TCH IS NO~ A PLAN ~ SURLY, I~ ~ ~ ~ J~ ~ LLN. I c.o. / ~H. / N/A~A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 35~0 $chmon Parkway, P.O. Box 1042 J ~ Planning Thorold. Ontario L2V 4'1-7 I S~nneU Telephone: (905) 984-3630 J, File: ~_. Fax: (905) 641-5208 E-mail: plan~;~regional.niagara,on.ca C_L~,~.$ v/ ~./~. January 13, 2004 File: D. IO,M.11,23 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: RE: Zoning By-law Amendment Application South Side of Graham Street, between Montrose Road and Delta Drive Vincent Matrinelli City of Niagara Falls Your File: AM-47/2003 These lands were recently the subject of a consent application (B09/2003/NF) that was granted for the creation of a new residential building lot. The proposed zoning amendment is necessary to fulfill a condition of approval and will remove a site specific zoning provision that permits a catering busihess within an existing residence. These lands are situated within the Region's Urban Area Boundary for Niagara Fails according to the Regional Policy Plan and .designated Residential in the City's Official Plan. The proposed zoning amendment will provide for the appropriate development of a residential infill lot. Regional Planning staff would not be opposed to the approval of this application from either a Regional or Provincial planning perspective. Please send notice of City Council's decision on this application. Yours truly, ete~r C6'~C,P,P RPP Senior Planner C: Councillor Bill Smeaton Bill Stevens. Regional Public Works M:~MSWORD~PC~N Fzbla~GrahamSt2004.doc PLANNING JAN 1 9 200;~' RECEIVED JAN 1 3 200zl PLANNING DEVELOPMENT Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6×5 web site: www.city, niagarafalls.on .ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city, niagarafalls.on.ca PD-2004-02 Doug Darbyson Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-02, Zoning By-law Amendment Application AM-46/2003, 9006 Netherby Road Owner: Rob Dicato Recognition of a Recent Addition to the Garage RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law amendment application to recognize a recent addition to the existing private garage on the property; and 2) Council adopt the amending by-law appearing on tonight's agenda. BACKGROUND: An amendment to Zoning By-law No. 70-69 has been requested for the land known as 9006 Netherby Road (see Schedule 1). A house and private garage are located on the property. The amendment is requested to recognize a recent 324 square foot (approximately 32 square metre) addition to the existing garage. Refer to Schedule 2 for the details of the development. By-law No. 70-69 prohibits new construction where a property is less than 25 acres (10 ha) in area. The subject land is 0.46 acres (0.19 ha). The amendment is requested to permit an exception to the by-law to permit the recent addition. Surrounding Land Uses: The land is largely surrounded by agricultural and rural residential uses with a woodlot to the east. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - PD-2004-02 Circulation Comments: Information regarding this application was circulated to City departments, government agencies and the public for comment. The following have been received: · Regional Municipality of Niagara - Although the lot area is less than the minimum 0.4 hectare (1 acre) size normally required by the Regional Policy Plan, the lot and dwelling appear to have been established prior to the approving of the Plan. There is no concern with the recent addition to the garage, and the Region has no objection to the approval of the Zoning By-law amendment from a Regional or Provincial planning perspective. Municipal Works Building and By-law Services No concerns All required building permits to be obtained Parks, Recreation & Culture No objections Planning Review The following is a summary of staff's assessment of the application: 1. The proposal conforms to Council's latest intent for the land and to the Regional Official Plan. The subject lands are located in the former Township of Humberstone. The City does not have approved Official Plan policies for this part of the City. In addition, the Rural/Agricultural policies proposed by the City for this area are deferred. The main permitted uses anticipated by the deferred policies are a variety of agricultural operations, forestry conservation and farm related residential dwellings. Secondary uses include a limited amount of non-farm residential development. In the absence of its own policies, the City must rely on the Regional Official Plan policies. The Regional Official Plan designates these lands as Good General Agricultural Area. This designation permits a very limited number of non-agricultural uses, provided the overall integrity of the agricultural lands is protected. Regional staff has indicated the addition does not offend the Regional Policy Plan given the lot was established prior to approval of this plan. The subject development, a small-scale addition to an accessory building, does not result in an increase or intensification of non-farm residential development. Agricultural uses in the area and surrounding land uses are not impacted by a small addition to a garage. Therefore, the addition conforms to the City's deferred policies and the Regional Policy Plan. January 19, 2004 - 3 - PD-2004-02 2. The requested amendment is appropriate for the site. The current zoning permits agricultural uses and an associated residence on a lot with a minimum lot area of 25 acres (10 ha). No new development of any kind is permitted if the lot is below this size. Uses existing at the time of the by-law such as the existing dwelling and garage are permitted. As the existing dwelling and garage are already permitted, the proposed by-law would be limited to permitting the new addition to the garage. The addition is of a small scale and does not compromise the by-law's objective of prohibiting significant new non-agricultural development. Normally small additions can be addressed by Committee of Adjustment applications. However, By-law No. 70-69 is very specific in not permitting construction on lots that do not meet the minimum standards and therefore a by-law amendment is necessary to legalize the addition. CONCLUSION: The requested amendment can be supported for the following reasons: The amendment meets the intent of the deferred Official Plan policies and the Regional Official Plan policies with respect to controlling non-agricultural development. The amendment on tonight's agenda will legalize the recently built addition without compromising the overall intent of the By-law. Prepared by: Andrew Bryce Planner 2 Respectfully submitted: ;dCmD?n~lsa~rdati v e O ffi c e r Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services AB:pb S:LPDRX2004~PD2004-02, AM-46-03, Recognition of recent addition to Garage.wpd SCHEDULE 1 LOCATION MAP Subject Land NETHERBY RD Amending Zoning By-law No. 70-69 Location: 9006 Netherby Road Applicant: Rob DiCato 1 :NTS AM-46/2003 December 2003 ~\GIS_Requests~2003XSch~dules'~oningAM~M-46~aapping.apr SCHEDULE 2 LOCALLY KNOWN AS NETHERBY ROAD - REGIONAL ROAD No (ROAD ALLOWANCE BETWEEN THE FORMER TOWNSHIPS OF HUMBERSTONE GROWl.AND) AND -?IiV 64£50-0238(£T}- I I~ ~j N-E CORNER I Y ' ] s~,.J. ~ O.L.S.) P[~ 64247-oo92(~r) $1B(1337) PIN 64£47-009/(LT) PART 1, PLAN 59R-6862 N89'59'20'W 114.00' (~'~.o~ ~ srr) January 8, 2004 Telephone: 905-984-3630 Fex: 905.64t-5208 E-mail: plan~regional.niagara,on.~a PLANNING AND DEVELOPMENT DEPARTMENT The Regional Muniaipality of Niagara ~ ~ Planning 3550 Schrnon Packway, P,O. Box 1042 I ~ Scanned Thorold, Ontario L2V 4'[7 File: ~ File: D,10.M.11.23 Mr. Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Darbyson: Zoning By.law Amendment Application 9006 Netherby Road Rob DiCato City of Niagara Falls .... This application proposes to amend the City's Zoning By-law to recognize a recent addition to an existing garage situated on a lot that does not meet the minimum lot area required to permit new development. The site is shown as a Good General Agricultural Area in the Regional Policy Plan. Although the lot area is less than the minimum 0.4 hectare (1 acre) size normally required in the Agricultural Policies of the Regional Policy Plan, the lot and dwelling appear to have been established prior to the approving of the Plan. In this regard, there is no concern with the recent addition to the detached garage and Regional Planning staff has no objection to the approval of the Zoning By-law amendment from a Regional or Provincial planning perspective, Please forward notice of Council's decision when available. Yours truly, Pe~ter Co~MCIP, RPP Senior Planner PC/rog c: W. Stevens, Regional Public Works PC/NFzbIa/D Darbyson-R DiCato,~letherby Rd PLANNING EETING RECEIVED JAN 9 - 200 PLANNING & DEVELOPMENT Corporate Services Department Planning & Developmen T-_ ,.,..,.. _, .. 4310 Queen Street · ~'~llll~ P.O. Box 1023 Nlogoro Folls~l~ll~ Niagara Falls, ON L2E 6X5 Cclr't~~ web site: www.city.niagarafalls.on,ca ~11111~~~----~----"'~'~ ' W Tel.: (905)356-752'1 Fax: (905) 356-2354 E-mail: planning@city, niagarafalls.on.ca PD-2004-03 Doug Darbys0n Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re-' PD-2004-03, Zoning By-law Amendment Application AM-43/2003, 6169 Garner Road & Associated Lands Applicant: Niagara Falls Golf Club Limited Agent: Brian Sinclair, Solicitor Niagara Falls Golf Course RECOMMENDATION: It is recommended that: 1) Council approve the requested Zoning By-law amendment application that will: bring the existing legal non-conforming golf course (Parcel 1) into conformity with the Zoning By-law; '~ permit lands (Parcel 2) to the north of Parcel 1 to be developed in conjunction with the golf course; and permit the single detached dwellings located at 6241 Garner Road (Parcel 3) and 6395 Garner Road (Parcel 4) to be used as cottage rental dwellings in conjunction with the golf COUrsC. 2) a site plan agreement be entered into with the applicant in order to address site planning issues detailed in this report and that neighbouring residents be included in the site plan review. 2b) that the City take the road widening allowance and offer it back to the' applicant by way of an encroachment BACKGROUND: ..reement Also, that a full report on the history of complaints regarding the golf course be undertaken and that a request be forwarded to the Ministry of Environment (MOE) to investigate the burning of the hydro poles with creosote. Niagara Falls Golf Club Limited (Ken Moore) has made application to amend the Zoning By-law that is essentially threefold: 1) 2) 3) to bring the existing legal non-conforming golf course into conformity with the Zoning By-law; to permit Parcel 2 to be developed in conjunction with the golf course on Parcel 1; and to permit the single detached dwellings located on Parcels 3 and 4 to be used as cottage rental dwellings in conjunction with the golf course. Clerks Finance }Forking Together to Serve Our Community · Human Resoumes · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - PD-2004-03 The golf course (Parcel 1) is zoned Agricultural (A); Parcel 2, Open Space (OS-68); Parcel 3, A and Parcel 4, A-565. The applicant has requested the zoning of Parcels 1 and 2 to be changed to a new site specific OS zone in order to guide the future use and development of the lands as a golf course, driving range and associated accessory uses. The zoning of Parcels 3 and 4 are proposed to be changed to site specific Rural (R) zones to permit the single-detached dwellings to be used as cottage rental dwellings, in conjunction with the golf course, and to recognize certain existing non-conformities with respect to the Rural zone regulations. Site Description and Surrounding Land Uses The subject lands are comprised of four contiguous parcels (shown as parcels 1 to 4 on Schedule 1) and are about 104 acres in area. The golf course has been in existence since 1966 and is an 18-hole course with a 6,800 sq. ft. clubhouse. Parcel 2 has been recently undergoing development as a driving range. Parcels 3 and 4 are existing single detached dwellings recently purchased by the applicant for use as accommodations for golfers. Surrounding land uses are, for the most part, agricultural and residential with the exceptions being a motel on the southwest corner of Garner Road and Lundy's Lane and Campark Resorts campground on the north side of Lundy's Lane. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. The following comments have been received. · MuniciPal Works Dedication of a 9.6 foot road widening along the Garner Road and Beechwood Road frontages. · Parks, Recreation & Culture - · Regional Planning & Development - No objections. The owners were charged and convicted for unauthorized tree removal in the area of the driving range. A tree replanting plan must be submitted to the satisfaction of Regional Planning & Development in order to fulfill the Court Order. A 15-metre wide tree planting strip is required along Lundy's Lane. The amending zoning by-law should include this provision while the replanting plan can be secured through the site plan agreement process. The applicant should have a professional engineer investigate whether the driving range will cause any detrimental impacts on groundwater quality and conduct testing to ensure that water quality meets the health and safety standards of the MOE. January 19, 2004 - 3 - PD-2004.03 Letters of concern have been submitted from abutting residents. These neighbours have registered concerns regarding several issues that include noise, lighting, drainage, the impact of additional irrigation of the golf course on the local aquifer, the potential of contamination of the aquifer and creek from fertilizers and other chemicals and the safety impact of golf balls on neighbouring properties and Lundy's Lane. These concerns will be addressed later in the report. Planning Analysis 1. The proposal complies with the Official Plan. The subject lands are designated Agricultural in the Official Plan. Although golf courses are normally designated Open Space, the Official Plan recognizes both the Niagara Falls Golf Course and Beechwood Golf Course as being permitted under the Agricultural designation. To bring the legal non-conforming golf course into conformity with the Zoning By-law is appropriate. The golf course lands, Parcel 1, are zoned Agricultural (A) and, as the golf course was established prior to the enactment of the Zoning By-law, it is considered a legal non-conforming use. A site specific Open Space (OS) zone is proposed to regulate the golf course and govern its future development. Site specific provisions will be stipulated for lot area, frontage, setbacks, building coverage and parking that are consistent with the regulations for the two most recently approved golf courses, Fallsview Golf and Grand Niagara. Parcel 1 is bisected by a drainage course that is zoned, in part, Hazard Land (HL). The HL zoning will be retained. However, a 50-foot building setback from the HL zone boundary is being recommended in order to ensure that the drainage course is not disturbed and a greenspace buffer can be provided if required. The request to extend the site specific OS zone onto Parcel 2 is appropriate. Parcel 2 is located in the northeast quadrant of the subject lands and is currently zoned OS-68. Special provision 68 provides for a site specific exception for a lesser lot frontage and lot area than the standard OS zone regulations. The applicant has requested that the site specific OS zone that is to be applied to Parcel 1 also be applied to Parcel 2. This is appropriate as Parcel 2 is currently being developed as a driving range that will operate in conjunction with the golf course. As such, Parcel 2 will be governed by the same regulations as Parcel 1. The request to permit the single detached dwellings at 6241 and 6395 Garner Road to be used as cottage rental dwellings is appropriate. The single detached dwellings at 6241 (Parcel 3) and 6395 (Parcel 4) Garner Road are zoned A and A-565, respectively. The A-565 zoning of 6395 Garner Road permitted a reduction in zoning standards as a result ora consent application that created the property as a farm retirement lot. The applicant is currently utilizing the dwellings as rental accommodation for golfers and not as single detached dwellings. The applicant has advised that the dwellings are rented to golfing January 19, 2004 - 4 - PD-2004-03 groups and not individual golfers. Thus, the dwellings can be considered to be cottage rental dwellings. This term has been used previously for two dwellings in Silvertown that are being rented as tourist accommodations and is defined as "... a one-family detached dwelling that is rented to the travelling public for periods of less than 28 days". A site specific Rural (R) zone is being requested for both Parcels 3 and 4. The R zone will better classify these parcels rather than the A zone as neither is related to or could be used for farming. Certain existing site characteristics such as lot area and setbacks will be recognized in the amending by-law. 5. Site plan control is recommended. Due to the current A zoning of Parcel 1, the golf course has been exempted from site plan control. The proposed OS zoning will allow the City to exercise site plan control and obtain site plan drawings and an agreement. The applicant has stated its desire not to enter into a site plan agreement as the development is existing. However, staff is recommending site plan control in order to guarantee the following: Dedication of road widenings along both Garner Road and Beechwood Road. Installation of landscaping between the parking lot and the Garner Road road allowance. Removal of the "staff parking area" on the Garner Road boulevard and to control driveway access onto Garner Road. Enclosure of garbage dumpsters. Control of drainage, lighting, fencing and establishment of buffers and screening measures to mitigate the impact of noise on abutting residents. Installation of safety netting adjacent to abutting residential land uses and Lundy's Lane. To obtain the opportunity to review future development. The utilization of site plan control, together with a site specific zoning by-law, should provide the means to properly regulate the operation of the golf course and effectively protect the neighbouring residents from adverse impacts. The concerns regarding groundwater and surface water can also be addressed through the site plan process. The applicant will have to provide confirmation to the Ministry of the Environment (MOE) that the conditions of the MOE permit for use of groundwater are being met and to certify both groundwater and surface water quality. Concerns have also been raised regarding certain operational issues such as appropriate times to cut grass and operate machinery. Property matters have also been mentioned. Neither operational or property issues can be addressed through this or the site plan agreement process but are matters that have to be agreed upon by the applicant and the neighbouring residents. CONCLUSION: Based on the foregoing, staff can recommend approval of the application for the following reasons: The golf course is permitted in the Official Plan under the Good General Agriculture designation. The proposed amendments are appropriate and the site specific by-law will provide a better method of regulating the future development of the golf course. January 19, 2004 - 5 - PD-2004-03 That site plan control be applied in order to guarantee site planning issues and to address the concerns raised by neighbouring residents. · "g6hn t}'a!sley Planner 2 Respectfully submitted: on Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services JB:pb Attach. SSPDR~2004LPD2004-03, AM-43-03, 6169 Garner Road, NFGC.wpd SCHEDULE 1 LOCATION MAP Subject Land LUND¥8 LANE Location: Amending Zoning By-law No. 79-200 6169 Garner Road and associated lands. Applicant: Niagara Falls Golf Club K:XI3 IS_Reque.~003'~Schedules~-zn~ngAM~M-43hnapping-apr AM-43/2003 1 :NTS December 2003 CP~TI~ JJ January 8, 2004 Hr. & Hrs. Anthony David Baldinelli 9268 Lundy's Lane Niagara Falls, Ontario L2E 6S4 905-358-3035 I~=~--Planning Scanned Mr. Doug Darbyson Director of Planning and Development The City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Re: Dear Mr. Darbyson: City File AM-43/2003 RECEIVEq JAN 8 - 200 m PLANNING ! DEVELOPMENT I am responding to your request to provide comments on the above-noted proposal, which seeks to amend Zoning By-law No. 79-200. First of all, I would like to indicate that my wife and I have no objection to bringing the existing legal non-conforming golf course (Parcel 1) into conformity with the Zoning By- law. Further, we also have no concerns respecting the single detached dwellings located on Parcels 3 and 4 being used as cottage rental dwellings in conjunction with the golf course. Instead, our comments will centre on the proposed plans to permit Parcel 2 to be developed in conjunction with the entire golf course. Again, my wife and I have no objection to the proposed expansion of the Niagara Falls Golf Course (NFGC). The current owner of the facility, Mr. Ken Moore and his family have been good neighbours and we are pleased that he is making additional improvements that will benefit his facility and the surrounding area. However, some questions and concerns have arisen once we had the opportunity to examine NFGC's plans at City Hall. As you will note in the Plan submitted for this proposal, Mr. Moore is seeking to create a practice range on Parcel 2 that will see a number of pitching greens established on lands now cleared at this site. The site plans indicate a natural buffer will be created between the pitching greens and Lundy's Lane in order to prevent golf balls from potentially reaching and striking cars on the Lane. -2- Currently, the land for this development has been cleared, and greens have started to take shape. In fact, one green has already had some sod placed on it. Yet no natural buffer exists between the greens and Lundy's Lane. Even if planting were to occur now, a natural dense buffer would not be in place for the coming golf season. Golf balls will therefore be able to reach Lundy's Lane, and they will potentially be striking cars on a stretch of road that is designated for travel at 80 kilometres an hour. As a neighbour, whose home access is via Lundy's Lane, ! fear the chances are great that cars will be struck unless some sort of netting is put in place. And if cars are struck, who will be ultimately responsible and liable for the damages that have been created? Our property backs onto the Niagara Falls Golf Course. No netting exists between our property and Holes 1 and 2 of NFGC. Mature trees line our property and that of our neighbour, yet we still have approximately 10-12 golf balls landing on our back lawn per day, during the prime golfing season. ! don't know about you, but it becomes a bit unsettling when you are in your own backyard and golf balls are sailing over your head. if my wife or !, or even a young child were struck, who again will be ultimately responsible and or liable? An additional concern my wife and ! share is over the use of water needed to irrigate and maintain this new practice range. Since my dwelling does not receive City water, the Niagara Falls Golf Course and ! share the same aquifer. When first established in 1966, NFGC started as a nine-hole golf course. Today it is 18-hole facility, which Mr. Moore has meticulously maintained following his purchase of the facility over a decade ago. My concern therefore centres on the potential for water problems with my well, if NFGC plans to draw additional water from our shared aquifer for this new range. A little over two years ago, Mr. Moore sought letters from his neighbours indicating that we were not having well water problems due to his use of the same aquifer. At this point, ! am not comfortable in giving that same assurance. For one, the last two seasons haVe been very wet, creating little prOblem in the' way of water needs and or usage. What one cannot determine are next year's weather conditions and what dry. conditions could mean if NFGC were to draw additional water from this aquifer. Ultimately, if my well were to run dry, am ! responsible for this? We do share a common resource, so is Mr. Moore under any obligation to ensure my right to water is maintained? On a related matter, NFGC as all golf courses do, use fertilizers and chemicals to maintain the physical integrity and beauty of their courses. Are rules in place now with respect to the leaching of these fertilizers into our shared aquifer? As well, a small creek now runs along side the proposed practice range. Since provincial nutrient management legislation has yet to include the golf industry in its regulations (to be included in the future), has the City, Region or Ministry of Environment been asked to examine this development from this perspective? Although we do not use water from our well for drinking purposes, will continued and additional fertilization of this site damage our shared common resource? ...3 -3- These are the concerns my wife and ! have wished to express. Again, let me indicate we have no objection to the changes IVlr. Moore is seeking to implement. What we are looking for is assurances that steps will and have been taken to mitigate any possible damages before they occur as a result of this new development. ! thank you for this opportunity to provide my comments. Should you have any questions, please do not hesitate to contact me at the address and phone number listed above. Yours sincere~ Anthony David Baldinelli January 14, 2004 Director of Planning and Development. Mayor Ted Salci and Aldermen of the City oflqiagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED JAN 1 q 200q PLANNING & DEVELOPMENT Zoning By-Law Amendment Application Re: City File: AM-43/2003 We are asking that Council not permit the zoning by-law amendment application to amend Zoning By-Law lqo. 79-200. We are requesting that Council deny all three amendments. The re-development of that land has been going on for 22 months now with prior City Hall Approval. We have asked many questions and have been told many different answers. We would like to know the truth. We would like some straight answers. On January 19, 2004 we would like to know if anything that Ken Moore has done so far on the property stated on AM-43/2003 as Parcel #2 has been done against any bi-laws or laws. If Council does make a decision in favour of amendment 1) and 2) we would like to see the following conditions attached to your decisions. 1) That the property owners at 6101 Garner Road and 6149 Garner Road be reimbursed for the 2002, 2003 and 2004 taxes for all stress incurred and additional costs for car washes, furnace and air conditioning filters and also for outings to get away from the mess so the kids can play properly etc. 2) As promised by Ken Moore at a meeting with former Mayor Wayne Thomson on November 3, 2003 we would like the property located at 6101 Garner Road to have an 8 foot privacy fence put up on the West side of said property. The fence was to commence two weeks from the November 3~a meeting and has still not been done. Mr. Moore also promised a privacy fence on the property located at 6149 Garner Rd. The residents at that address would also like the same 8 foot privacy fence erected. Mr. Moore is to pay for the total construction. 3) Since more develOpment will be taking place on Parcel #2, we would like the 8 foot privacy fence extended to also mn along the north property line of 6101 Garner Road. Mr. Moore to also assume the cost of this fence. Since the access will continue to be used by the golf course we would like our children protected from any tracks or person that will use that access. This will also keep the patrons of the putting/chipping greens off of our property. 4) We want large evergreen trees to be placed in front of the fence to cut down on the noise that will be created by the patrons using and the machinery used on the new section. The machine that collects balls from driving ranges creates a lot of noise as they are gathering the balls and as they are being dumped into the bins. Trees might be able to cut back on some of this noise. We also want evergreens to be put along the East. side of the proposed structure to also help cut down on the noise caused by the patrons and the dumping of the balls. 5) The residents at 6101 Garner Road and 6149 Garner Road want to be guaranteed that there will be no drainage onto the said properties. 6) That the house located on the property of 6101 Garner Road be professionally power washed and the windows professionally cleaned. Also the ducts and furnace be professionally cleaned. This is to be completed on completion of the development of parcel2. Mr. Moore to incur the costs. JAI~ ] 9 Page 2 7) The culvert at the road to be replaced immediately. When the ditches are fi~ll it is a danger to the children. 8) Mr. Moore promised at a meeting on August 27th with former Mayor Wayne Thomson that he would repay to have our property re-surveyed by qualified surveyors. His machines had knocked out both stakes on the north side of the property. 9) We want there to be no grass cutting or other machines operating prior to 7 AM on weekdays and 9 AM on weekends and holidays. The golf course currently cuts their grass while it is still dark out. When they were cutting on Parcel #1 prior to file clear cutting of the trees behind our property we hardly ever heard them. Now that the trees are gone we hear the grass cutters and we want to be guaranteed no noise before the said hours. 10) Because we are a residential neighborhood and there are children that have to attend school in the mornings we ask that there is no machinery or golfing after 9 PM at night on Parcel #2. 11) If lights are erected to shine on parcel #2 we asked that there be blinders on the lights to keep them bom shining on our properties. 12) That no blow horns be permitted by the golfers past the Club House to the North. 13) If at any time in the future the golf course decides to make a change to Parcel # 2 that the change has to be approved by council, i.e. changes to the course like moving the 1~t tee over, parking lot etc. 14) We want to be guaranteed that no golf balls will enter the property at 6101 Garner Road. The proposed direction that the balls will be going in, have the potential of entering our yard. We have two small children and we want to be ensured that the children, ourselves, visitors and our pets will be safe. If Council allows the amendment to be approved without this guarantee then the City of Niagara Falls and the Niagara Falls Golf Club assumes all liability for any injury to any persons or animals and any damage to our property. 15) We want a deadline placed on the completion of the development of May 31, 2004 with no extensions. We have had to endure 22 months of dirt, water, noise, trespassers etc. on our property. This has to come to an end. We pay taxes and have not been able to enjoy our yard for two years. With this continuing it will take us into our 3~ year. 16) That the access on the north side of our property will not ever be used as a public thoroughfare. We are asking that you carefully go through what Mr. Moore has already done and include that on your decision on the future development of the Niagara Falls Golf Club. As for Part 3 of the amendment we are completely against this amendment. As this operation was run illegally for the 2003 Spring, Summer and Fall Seasons we have been able to get a taste of what's to come. My Husband and I will be at the council meeting on January 19, 2004 and I will speak apposing the above 3 Donna & Richard Mine RR~ 1, 6101 Garner Road Niagara Falls, Ontario L2E 6S4 1 Planning Message l File: Terry Chambers - FW: 6101 Garner Rd, Niagara Falls & Niagara Falls Golf Club Page 1 of 3 From: To: Date: Subject: "Donna Mino" <donnawowo~sympatico.ca> <tsalci~city.niagarafalls.on.ca>, <wcampbell@city.niagarafalls.dn.ca>, <j diodati~city.niagarafalls.on.ca>, <vkerrio~city.niagarafalls.on.ca>, <joycemorocco~city.niagarafalls.on.ca>, <vpietran~city.niagarafalls.on.ca>, <selina~city.niagarafalls.on.ca>, <jwing~city.niagarafalls.on.ca>, <planning~city.niagarafalls.on.ca>, "'Carolynn Ioannoni'" <ioannoni~city.niagarafalls.on.ca> 1/12/2004 9:17 PM FW: 6101 Garner Rd, Niagara Falls & Niagara Falls Golf Club As I mentioned in the e-mail I sent regarding City File: AM-43/2003, this is a copy of the original e-mail I sent to Mayor Wayne Thomson on August 23, 2003. Carolynn Ioannoni was copied on all the e-mails before as she has been helping me with this. Donna Mine ..... Original Message ..... From: Donna Mine [mailto:donnawowo@sympatico.ca] Sent: August 23, 2003 10:56 PM To: 'wthomson@city.niagarafalls.on.ca' Cc: 'kenferen@cib/.niagarafalls.on.ca'; 'victorpietrangelo@city.niagarafalls.on.ca'; 'williamsmeaton@regional.niagara.on.ca'; 'joecousins@regional.niagara.on.ca'; 'toni@niagarafallsgolf.com'; 'rob.nicholson@regional .niagara .on .ca' Subject: 6101 Garner Rd, Niagara Falls & Niagara Falls Golf Club Dear Mr Thomson, I am writing to you today about the Niagara Falls Golf Club and the current work that is being done there. I live at 6101 Garner Road and have since 1988. Just over 1 1/2 years ago an access was put between our property & the property of Pete Aleo at 6051 Garner Rd. The access is actually on the property of Mr. Aleo and abuts our property. I believe it was part of the agreement on Mr. Aleo's deed. Niagara Falls Golf Club purchased the property behind our house which was full of trees. All the trees were clear cut from the old woods that used to be out there. For a year and a half we have been putting up with dust, standing water, noise and even trespassers on our property. I have been wanting to complain for a long time now but my husband has been holding me back; but after today I refuse. Starting very early this morning truck loads of dirt were arriving. This wasn't the first time but this morning there were a lot. I bet you over 80 loads were dropped today. The dust was just flying. The trucks were not being careful and the culvert got pushed in (see attached pictures). The trucks were also pulling on the shoulder across the road before turning into the access. There was a lot of damage being done to the road (see attached pictures) and the shoulder of the road. Isn't it funny how they seems to do most of the trucking and dumping activities like this on a Saturday when he knows there is no one in Planning at the city to come down if anybody calls. My husband telephoned Mr. Ken Moore; the owner of the golf club and asked him what was going to be done about the culvert and about all the dust flying around and Mr. Moore's response was "go inside your house". Well I am very sorry Mr. Thomson but this is my home. I pay taxes. Actually my taxes went up 25% this year and for what? Dirt! Dust! Potential West Nile Virus from standing water! Noise! Lack of Privacy and the attitude on Mr. Moore! We built a new porch this year and we can't even enjoy it because of all the dirt and dust. My house will have to be power washed. We have to wash our vehicles a couple of times a week. You should file://C:\Documents%20and%20Settings~a, dministrator\Local%20Settings\Temp\GW } 000... 1/13/2004 Message Page 2 of 3 see when it rains and it has mined quite a bit this year, There was mud everywhere. I have two small children that are 6 8, 8 and I have [o tell them to play in the house because they can't breath outside. It's there summer vacation and they are only home on weekends during the day as my husband and I both work. Mr. Moore did not even have the courtesy to forewarn us. I called the city and I talked to a Mr Joe Morocco (he said he was the supervisor on 'duty) who told me that if the Golf Course was given access to the property by Mr. Aleo there was not much he could do. I got really upset with him because I am so frustrated with this situation. He did come out and he talked to my husband as I had to take my son to a friends so that he could play outside. Mr. Morocco again told my husband that since the Golf course had permission to use the access then there was not much he could do. My husband asked Mr. Morocco who was going to pay for the road damage and Mr. Morocco said that the city would. Does Mr. Morocco not know who pays the city? There is a lot of damage out there. The roads were just done a couple of years ago. He then left and said he would report the damage to the road on Monday. The City better not be paying for all this damage. It would be different if it was a new subdivision going in and houses were being build because of all the potential revenue coming from those homes for taxes but Mr. Moore is doing this strictly for profit in his pockets. I have attached many photos I would like you to look at to see what we are going through. I have a lot more pictures if you would like to see them. I have been taking pictures at every step of the way of this project for my own protection. I have an entire scrapbook on it on my computer. I have CC'd many people as I want to make sure this is looked into and I want others aware of what is going on with Mr. Moore. Mr. Moore has gotten away by paying only small fines in the past such as putting up a building without a permit, clear cutting trees without permits. It would have cost him more to get the permission and the permits including time then the what fines were worth. It seems so funny when the Ministry and the Region were called in regarding the clear cutting that it was not publicised locally. I read about Mr. Moore's fine when he went to court of $1,000 only, in the St. Cathadnes Standard. There was nothing in the Niagara Falls Review. I have had enough and I want this dealt with. I am requesting a meeting with you and I would like to see or get answers to the following: 1. Site Plan 2. Drainage Plan; including how the old natural flow of water that used to go across will now come across the property. This property has always had water sitting on it. 3. Why are you allowing him to build up the property higher then our property when its been clear for years that the current culverts can't even handle the water that comes down these roads. 4. If he is putting the ditch out to highway 20 does he have permission from the Regional Municipality of Niagara to where the water will go to on the North side? 5. Is all the dust and dirt that is blowing around allowed? Should there not be something laid down to prevent all the dirt and dust from blowing around like it is? (I included a picture of the dust and dirt blowing from just the wind). 6. I want the culvert fixed before it rains 7. Permits (if any are required). 8. How much time is the access allowed to be opened including and any bylaws that might have a time limit on accesses. 9. A completion date. 10. It used to be when any property development or re-development were being done in our neighbourhood we would get a letter from City Hall to go to a public meeting, has that changed? There was no sign ever posted, no letter received and we were never told of the plan. To this day I do not know what exactly will be behind my house and I would now like confirmation on what will be there. I know when the trailer park across Lundy's Lane was extending we were called to a meeting. I also know that when Mr, Aleo wanted covered culverts as apposed to ditches we were called to a meeting. Why is this different? 11. Who is going to pay for the road damages? If it is the city I will be petitioning just so you know. I want to see a copy of the invoice to Mr. Moore for the damages. Along that note, sorry for deviating but there was also a lot of damage up the road a bit closer to Lundy's lane from the trucks that were going in and out dumping dirt on Mr. Rodan's Property behind the Sundowner. I would also Like to see the bill for those damages to Mr. Rodan. Why should the rich have their cake and eat it too. I work too hard and it pains me to keep having to pay more in taxes because of abuse to our roads like this. 12. I would like to see an audit of The NFGC's taxes prior to the purchase of the land, taxes after the purchase of file:ftC:\Documents%20and%20Settings\Administrator\Local%20Settings\Temp\GW} 000... 1 / 13/2004 l' dumped c~us ~ Propel'b] -'T'rucK on Culver{' January 14, 2004 Director of Planning and Development, Mayor Ted Salci, & Aldermen 0fthe City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Scanned RECEIVED JAN 1 200 PLANNING & DEVELOPMENT Zoning By-Law Amendment Application Re: City File: AM-43/2003 I would like to ask the following questions and tell you our concerns in regards to the proposed Niagara Falls Golf Club rezoning initiated by Ken Moore and how it will affect the quality of life and well being of the local residents as you are making you decisions regarding the Zoning By-Law Amendment Application, City File:AM-43/2003. 1. Is this a legal operation behind the residential property of 6149 Garner Rd and 6101 Garner Road which will generate a lot of noise traffic in our back yards? What kind of measures or bi4aws will be put in place to keep this to a minimum? 2. That a clump of trees be planted over the 90 ft. span between the property lines of 6149 Garner Rd and 6101 Garner Rd and the utility building. These trees would cut down on the noise and the traffic pattern resulting from this operation. These might also keep back some of the stray golf balls and improve on the safety factor. 3. What is the purpose of the large hole that is currently located on the back north corner of 6149 Garner Road? 4. I would like the opinion of the city lawyer in regards to noise, traffic and safety concerns in regards to this operation. There have been instances of golfers targeting windows and a car windshield was damaged fi'om the driving range operation across the road from the golf course that Niagara Falls Golf Course is currently operating. These damages were not in line with the normal course of the driving range area.. This is a huge safety concern for the residents of 6149 and 6101 Garner Road. 5. Who is liable for damages caused by any golf balls or golfers during operations of this new development ffthe re-zoning Application is approved? 6. At this time I would like the obligations of Ken Moore fulfilled in regards to replacing and planting of trees on the parcel of land separating 6149 Garner Road and the Parking Lot. I have a signed paper in regards to this request that was made at the time of the variance application to the city. 7. I would like to question what effect the proposed lighting might have on our life styles in the summer evenings. Tiffs will result in no peace and quiet in the evenings either. 8. As promised by Ken Moore and requested by Donna Mine at 6101 Garner Road we would like an 8fi privacy Fence. Y°urstmty'//F i:.-OC:.,~r c, 1: Fl~e (l. e2_-.~evl-w~tT(4~ Charlotte & Theodore Kudlac 6149 Gamer Road ,l-(q~ (_-o¢ ¢' co,.~u,--.~,c /P~4;~lz,)m~ L~q-/ jrt/ - Niagara Falls, Ontario b/gtZt~r~cc g~/gelg.rv~r_.,,t,r _q, ,,~/V/~a h"(/4t.;'.4/ NIA A PLANNING AND DEVELOPMENT DEPARTMENT The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. I~ox 1042 Thorold, Ontario L2V 4T7 Telephone: (905) 984-3630 Fax: (905) 641-5208 E-mail: plan@regional.niagara.on.ca ~a~ Planning Scanned File: January 14,2004 Doug Darbyson, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2.E 6X5 Dear Mr. Darbyson: File: D.10.M,11.23 Feulllet$ de transmission par tSl~copieur Post-it' Fax Note 7s?m · ol I~age$ il~ ~7 pflane # l N~ d· ~61. Phane # l N' de J~Jl FaX # I RE'- Zoning By-law Amendment Application West Side of Garner Road, South Side of Lundy's Lane (Regional Rd. 20) Niagara Falls Golf Club City of Niagara Falls Your File: AM-43/2003 This application proposes an amendment to the City's Zoning By-law for existing and proposed uses associated with the Niagara Falls Golf Club. The amendment will permit the existing legal non-conforming golf course, a proposed driving range and the conversion of two existing homes into cottage rental dwellings These lands are situated outside of the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan and designated as a Good General Agricultural Area in the Regional Policy Plan and Agricultural in the City's Official Plan. Although non-farm development is normally restricted, the golf course appears to have been established prior to the adoption of the Regional Policy Plan. Policy 12.6 of the Regional Policy Plan permits the continued operation and reasonable expansions to legally established uses in the Agricultural area provided that urban boundaries are not superseded; the expansion does not involve a major intensification of land use; or result in the intrusion of new incompatible uses; and subject to: 1) 2) 3) 4) 5) the need and desirability of the operation; regard for environmental, agricultural, and other policies of the Regional Policy Plan; compatibility with existing surrounding uses; access and servicing requirements being met; and no additional municipal services being required. In this regard, a zoning amendment to recognize the existing golf course development is acceptable. A tributary of Beaver Dams Creek traverses the west side of the site and is zoned Hazard Land (HL) Zone. This zone should be maintained to recognize potential natural hazards and to protect this natural area which appears to be partially classified as an Important (Type 2) fish habitat by the Ministry of Natural Resources. The proposed golf course expansion for a driving range may be appropriate provided that several matters are regarded. First, the owners were charged and convicted under the Regional Tree By-law for the unauthorized removal of trees within a wooded area that existed in the area of the driving range. A tree replanting plan must be completed and submitted to the satisfaction of the Regional Planning and Development Department to fulfill the subse.q.u.e, nt4 ~ANi ,~ .,.,,.,- Court Order. This includes planting trees to a depth of 50 feet (15 metres) along Lundy's Lane orl/he s[Jbject property, outside of any potential road widening that may be required by the Region as part of this development. The amending zoning by-law should reflect this landscape provision while the replanting plan can be addressed in detail through the necessary site plan agreement process. Second, a residential neighbour has raised concerns with potential impacts on groundwater that could affect their private well. The Ministry of the Environment has advised that the golf course has an approved "Permit to Take Water". The applicants should have a professional engineer investigate whether the driving range will cause any detrimental impacts on groundwater quantity and conduct testing to ensure that water quality meets health and safety standards of the MOE. This can be undertaken through the site plan agreement. Comments from Regional Public Works should also be regarded as the ddving range wiJJ have frontage on Regional Road 20 (Lundy's Lane). It is our ur~derstanding that the conversion of two existing single detached dwellings next to the golf course into cottage rental dwellings will serve as accommodations for golf packages being offered by the golf course. This should be confined to the existing building areas to maintain the residential character of these structures and to prevent any expansion that would substantially intensify this ancillary use. Overall, the existing and proposed land uses associated with the golf course are acceptable, however, these lands should remain in an Agricultural Zone to reflect the Agricultural land use designations shown in both the Regional Policy Plan and City's Official Plan and to meet associated policies. The amending by-law could include special exceptions for the Agricultural Zone to permit the prospective uses together with any other site specific provisions deemed necessary. This is the most common practice in zoning non-farm development in Agricultural areas. Otherwise the proposed Open Space Zone for the golf course and the Rural Zone for the proposed cottage dwellings could imply that other urban uses would be appropriate at this location outside of the urban area boundary. Further, if the proposed Rural Zone is applied in this instance, it could be interpreted that all existing and future non-farm residential lots in the Agricultural area should also be zoned in this manner. This would not meet the Agricultural policies of the Regional Policy Plan 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 provided that the underlying Agricultural Zone is maintained with special provisions added for the intended golf course uses. Please send notice of City Council's decision on this application. · , ClP, RPP Senior Planner C: Councillor W. Smeaton W. Stevens, Regional Public Works B, Ryter, Ministry of the Environment P. Bond, Niagara Peninsula Conservation Authority M;~MSWORD\PC\N Fzbla/GarnerRdNFGolfClub.doc RECEIVED JAN { 200 PLANNING r) [1:: V I::' I Niagara Falls T- 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-2004-04 Doug Darbyson Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-04, Proposed Waste Disposal Site (Ex-Situ Bioremediation of Soils) Canadian Pacific Railway Limited Former Montrose Railyard on Ramsey Road, City of Niagara Falls RECOMMENDATION: It is recommended that: 1) 2) a copy of this Report along with any public input received be forwarded to the Ministry of the Environment, Environmental Assessment and Approvals Branch, and MOE Niagara; and a copy of the Record of Site Condition issued by the Ministry be forwarded to the Planning & Development division once decommissioning is completed. BACKGROUND: The Ministry of the Environment has received an application from Canadian Pacific Railway Limited requesting a Certificate of Approval to permit the construction ora series of bio-piles at the former Montrose Railyard on Ramsey Road. The Ministry has forwarded this application to the City of Niagara Falls for review and comment. The proposed waste disposal site (i.e., bio-piles) is located west of Stanley Avenue north of Ramsey Road on lands jointly owned by Canadian Pacific Railway (CPR) and Canadian National Railway (CNR). A location map is attached as Appendix A. Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - PD-2004-04 The proposal involves the treatment of diesel-impacted soil from the former fueling area of the Montrose Railyard. Eight soil piles adjacent to the track corridor and an abandoned spur line to the northwest of the former fueling area are to be constructed. At least one of the bio-piles appears to have been constructed as seen on a site visit by Planning staff. The remediation of the soil is being conducted in conjunction with the redevelopment of the lands as the Thundering Waters Golf Club. Four of the eight bio-piles (shown as A, B, C1 and C2 on Appendix A) are to be capped with clay, seeded and eventually covered in grass to become a permanent landscape feature between the railyard and the golf course. After completion of the treatment, the remaining piles (D, E, F and G) may be either: left in place, covered in topsoil and seeded; levelled over the general area; or hauled to another part of the railyard property for use as fill. The Ministry of the Environment had originally requested comments by December 19, 2003. This time frame would not have allowed sufficient time to process the Municipality's review as per City Policy Section 500.20. Policy 500.20 states that Council will conduct a Public Meeting to obtain the input ofratepayers prior to making a comment to the Ministry on applications for Certificates of Approval. In addition, Planning staff is required to prepare a report with recommendation for the consideration of Council reviewing the application, departmental comments and any additional information. Planning Review The site is designated "Open Space" in the City's Official Plan and the portion of the subject lands which is to contain the bio-piles has been zoned Open Space OS(H) by Zoning By-law Amendment 2003-46. Both documents permit a golf course, however, development is provisional on the completion ofa remediation program for the former rail line and marshalling yard in accordance with the regulations of the Ministry of the Environment. The properties surrounding the proposed bio-pile locations are zoned for a range of Industrial uses. The existing industrial uses include Chesbar Iron Powdre and Salit Steel Ltd. east of the site, and Carborundum Pulp Stone and Washington Mills Inc., (abrasives manufacturer) southeast of the site. The area of the subject lands north of the bio-piles and south of the homes along Crimson Drive and Hemlock Street is zoned Light Industrial L1 zone. Visibility of the bio-piles is minimized by the treed area along the north side of the railway. According to the application submitted to the Ministry of the Environment, the bio-remediation of the contaminated soil involves the use of naturally occurring microorgansims to break down the complex chemicals into carbon dioxide, water and harmless fatty acids. In order for the microorganisms to flourish they require oxygen, nutrients (nitrogen, phosphorous and trace metals), carbon and energy to survive. Under natural conditions, the contaminated soils would take many years to break down the diesel in the soil. By constructing the bio-piles, where the provision of oxygen and nutrients can be controlled, the remediation of the soil is expected to be completed in three years. The program proposed by the applicant would involve the addition of nitrogen rich fertilizer to the piles in May, July and September. Terrapex Environmental Ltd., the company who prepared the remediation program as part of the application, has confirmed that the nutrient to be used is January 19, 2004 - 3 - PD-2004-04 essentially odourless and the biological process of breaking down the petroleum hydrocarbons does not create any odours. The Ministry should ensure that quick and proper action be taken upon any complaint of odours emitting from the bio-piles. The soils will be constructed with liners both underneath and over top of the contaminated soils. The Remediation Report submitted with the application states that there is no anticipated effect on the local groundwater flow as a result of the bio-pile construction and that drainage swales along and between the piles are to be constructed to maintain existing surface drainage pathways. The remediation program will involve monitoring of the piles during the treatment season and regular inspections of the pile conditions. Approval of the program is the responsibility of Ministry of the Environment. CONCLUSION: The remediation of the railway line and former marshalling yard is supported by the City's Official Plan. The proposed program states that construction of the bio-piles will not create odour or threaten ground or surface water quality or drainage. The City should not object to the Certificate of Approval for the Waste Disposal Site provided that the monitoring and regular inspections proposed by the applicants, or any further inspections required by the Ministry of the Environment are ensured. Prepared by: Francesca Berardi Planner 2 Respectfully submltted:~ / John MacDonald (/Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services FB:pb S:hUDR~004~PD2004-04, Proposed Waste Disposal Site, Montrose Railyard Ramsey Rd.wpd LOCATION MAP APPENDIX A, Subject Land McLEOD RD E OLDFIELD RD ILl .,2. K:\G I S _Request sL2003\Cust omXlntemal~Planning~nont rose_r ailyard~aapping' apr IPOSED BIO-PILE LOCATION LU ESS ST! 1 :NTS January 2004 Niagara Falls Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2004-06 Doug Darbyson Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2004-06, Request for Extension to Draft Plan Approval Warren Woods, 26T-96001 (Revised) Owner: 797045 Ontario Ltd. RECOMMENDATION' It is recommended that Council support a one-year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. BACKGROUND: Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within three years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. Planning Review The developer has submitted a request for an extension to draft approval of the Warren Woods Plan of Subdivision (see attached letter and location map - Schedule 1). Original draft approval for the plan was received from the Region on October 23, 1998. Previous extensions have been granted by Council. 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 January 19, 2004 - 2 - PD-2004-06 This subdivision proposes over 600 housing units in four development phases extending between Kalar Road and Gamer Road. The plan provides a compact form of housing with a mix of single- detached dwellings, on-street townhouses and apartment units. The subdivision conforms to the City's Official Plan and Garner Neighbourhood Secondary Plan. Phase 1 (Kalar Road frontage) has detailed conditions of subdivision approval and is zoned appropriately. Future phases are subject to additional review, various environment studies and rezoning. The extension is requested due to marketing considerations for the project and to allow more time to address environmental conditions. The Region has no objection to the extension of draft approval for a one-year period. CONCLUSION: Based on this review, a further one-year extension (until October 23, 2004) to draft plan approval can be supported. There is no Public Notice sign for the subdivision on the property. Council's support for the extension should be conditional on subdivision signs being posted and maintained on the Kalar Road and Garner Road frontages for public information purposes. This condition can be cleared through the submission of photographs to the City showing the required signs. Richard Wilson Planner 2 Respec.tfully sub~nitted: / (/~°~ :1~1~ clVi~cD ° n a 1 d Chief Administrative Officer Recommended by: Doug Darbyson Director of Planning & Development Apprgved by: r~ T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:XPDR~2004LPD2004-06, Warren Woods, Request for Extension to Draft Plan Approval.wpd 10/22/03 WED 22:04 FAX 4164835797 RUSCIC~ ........... ~001 October 22, 2003 '~Se. an~:~Planning File: ~{~131~' i ,~10~J Mr Rick Wilson, Planner Corporate Services DepaRment Planning and Development City Of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 1 Page Warren Woods~.26T-96001 my attention that our DraR Approval for the Warren Woods to expire. I am requesting that the Draft Approval for the property be one year due to the marketing for the development taking longer than the environmental studies required under the Drm% Approval are still I am an officer for 797045 Ontario Ltd. with signing authority and I thank you for your consideration Sincerely, James B. Ruscica, President c.c. Robert O'Dell RECEIVED 0CT 2 3 2003 PLANNING & DEVELOP. M ~_Nf___j Draft Plan of Subdivision Warren Woods 26T-96001 (Revised) MCLEOD ROAD Future Phases BROWN OAD Subject Land K:\GIS_Requests~2004\Schedules\Subdivisions\warren_woodCanapping.apr SCHEDULE 1 Location Map 1: NTS January 2004 The City of Niogclrc~ F~IIs Corporate Services Department Planning 8, Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-maih (905) 356-7521 (905) 356-2354 planning@city.niagarafalls.on.ca PD-2004-09 Doug Darbyson Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re.' PD-2004-09, Request for Removal of Part Lot Control 7565/7567 Monastery Drive Lot 29 and Block 59, Registered Plan 59M-201 Owner: 752534 Ontario Limited RECOMMENDATION: It is recommended that: 1) 2) Council approve the request and pass the by-law to designate Lot 29 and Block 59, Registered Plan 59M-201, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds as described in this report have been registered. BACKGROUND: In a letter dated January 6, 2004, the applicant's solicitor submitted a request to remove this property on the north side of Monastery Drive from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi-detached or on-street townhouse units. The subject land is within the Mount Carmel Extension 3 plan of subdivision that was registered in 1991. The existing semi-detached dwelling on the property was built approximately 12 years ago. Through the construction process, separate connections for water services, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plan 59R-10844 (Schedule 2) shows the subject land as well as other properties in the plan and includes the configuration of the lot, building foundation and centreline of the common wall between the units. Block 59 indicates land with a servicing easement to the City. The land is appropriately zoned Residential Single Family and Two Family (R2) through Zoning By-law No. 79-200 and the building setbacks satisfy the zoning provisions. }Forking Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 -2- PD.2004-09 Council passed By-law No. 99-220 on October 18, 1999 to remove this property and additional land in the subdivision from Part Lot Control. However, this by-law remained in force for two years from the date of passage and has expired prior to the sale of the units on Lot 29/Block 59. Approval of the new Part Lot Control by-law is required so that a property line can be created between the dwelling units to allow their sale with each unit having a separate deed. All other lots containing semi-detached dwellings on the street have received such approval over the years. CONCLUSION: The removal of Part Lot Control will permit the division of the land to allow separate ownership of each semi-detached unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. If Council approves the recommendation of this report, the by-law to designate the land as exempt from Part Lot Control is included in tonight's Council agenda to allow the completion of a scheduled sale of these units. Prepared by: Richard Wilson Planner 2 Respectfully submitted:, / ~dn~ °iPnn~sal~f~ficer Recommended by: Doug Darbyson Director of Planning & Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:LPDR~2004XPD2004-09, Part Lot Control, 7565-7567 Monastery Drive.wpd '~nt by: BRODERICK & PARTNERS- 9053566904; 01/06/04 16:26; JP~fiit2L#B67;Page 1/2 R0 EP CK PARTN --R BARRI$'IT, RS & ,~OLICITOR,q 4lPAi 01~.~tll0 Alr&ql~ POST 0FFICll Ii0! 897 AIAGARA FALLS, ONTARIO CANADA 1,2116V6 FAX (805) 35f~6804 J.J. BRODERICIL * W.A. A~DIO JJt. HOPKIIV$ IL IL IlUltlqS M. DIHIROLAM0 !~. mlLe~u ~ $canped. I Jaxtuary 6, 2004 City of Niagara Falls Planning Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 FOR__WARD~ .ED By FAX - 905 3~6-235,~ Attention: Mr. Rick Wilson Dear Mr. Wilson: 752534 Ontario Limited st Benkovsky/Benkovsky 7565 & 7567 Monastery Drive, Niagara Falls, Ontario Part &Lot 29, and Block 59, Plan 59M-201, Being Parts 4 and 5 on Plan 59R- 10844, (7567 Monastery Drive) Part of Lot 29, Plan 59M-201, Being Part 6 on Plan 59R-10844 (7565 Monastery Drive) Closing Date: January 30, 2004 Our File No.: 030810 / 030809 Please be advised that we are the solicitors for 752534 Ontario Limited, the registered owner of the above described lands. Our client is in the process of selling these lands, which closing date has been extended to January 30, 2004. We are advised by Mr. Rob Nieholson, the solicitor for the proposed purchasers of the subject lands that by By-law 99-220, the subject lands (among others), were made exempt from Part Lot Control. However, the said by-law lapsed on October 18, 2001. We kindly request that you consider having another by-law exempting the said lands from part lot control be considered for approval by City Council on January 19, 2004, in order that our client can proceed to convey the said lands and that you initiate the required process. ~ (:ICIt'I'!iFII1D I~Y TIlE LAW 50(,*tl'lT'r' t P~I.%IE.%T IN B(.I) Tlt ITALIAP; AND I.I *Fl G.'kT I ON, RECEIVED 6- 200 PLANNING ent by: BRODER:ZCK & PARTNERS- 9053566904; 01/06/04 16:27; ]etFBx #867;Page 2/2 We further kindly request that you advise the undersigned of the amount required to request the by- law and any other fees required by the Legal Department. We thank you for your prompt attention herein. Yours very truly, Broderiflk & Partt~ers/~ ;:/i,q IMG:sh ce. Client Mr. Rob Nicholson Mrs. Mary Morrone SCHEDULE 1 Removal of Part Lot Control 7565/7567 Monastery Drive Lot 29 and Block 59, Registered Plan 59M-201 Location Map ST. AUGUSTINE CRES CgRDINgL DR TRINITY CRT BERN ADE'I-I'E CRES C p~t~.L. BLx/o Subject Land 1 :NTS K:\G 1S_Requ ests~2004\Sch edules~PLC\7565 _7567_mon~.st exy_drXmapping.apr January 2003 SCHEDULE 2 Jan 15 04 1~:34p Victoria-Centre BIR 905-358-589! p. 1 WALK Of FAME Mr. Dean Iorfida City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario December 15, 2003 Dear Dean: The Victoria-Centre BIA has held the elections for the Board of Management. Results are as follows: Frank LaPerma - Chairperson Vince Ferro - secretary Jim Roberto - treasurer Victor Menechella Carmine Lancia Marisa Hay-Alfieri Robert Iemmolo Rick Herkimer Vince Kerrio, Jr. Also, we wish to request that Vince Kerrio be assigned as our city council representative. Please feel free to call or emai! me at mcdowells@sympatico.ca or 905 348 4880 for further information. ' - - .~u in advance. Sue~McDowell Administrator P. O. Box 841, Niagara Falls, Ontario L2E 6V6 tel; 905-358-7137 fax; 905-358-5891 Corporate Services Department The City of Niagara Falls' Canada Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-9083 E-mail: diorfida@city.niagarafalls.on.ca December 16, 2003 Ms. Sue McDowell Marketing Consultant Victoria Centre B.I.A. P.O. Box 841 Niagara Falls, ON L2E 6V6 Dear Sue: Dean Iorfida City Clerk Re: B.I.A. Term As you are probably aware, the Municipal Act indicates that the term for the directors of a board of management is the same as the term of Council; therefore, if you have not already done so, your B.I.A. should hold a vote of its membership to select a new executive. Please note, your existing Board maintains authority until successors have been appointed. There is no minimum or maximum board size. Generally most B.I.A. boards have between 5 to 10 members, including an appointee from Council. A committee is currently reviewing Council appointments, therefore, your Council representative will be selected in the new year. Also, please find enclosed a book produced by the Ministry of Municipal Affairs & Housing that may prove helpful to your B.I.A. This document is an easy-to-read guide that may answer certain questions when issues arise. Please forward a copy of your new executive for our records and the confirmation of City Council. If you have any questions, please do not hesitate to contact me. Sincerely, Dean Iorfida City Clerk Ext. 4271 Working Together to Serve Our Community Clerk's · Finance · Human Resoumes · Information Systems · Legal · Planning & Development Niagara Falls Corporate Services Department Finance 43'10 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) 356-0759 kburden@city.niagarafalls .on .ca. F-2004-07 Kenneth E. Burden Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-07 - 2004 Interim Tax Levy RECOMMENDATION. That Council approve the following three items: i) ii) the 2004 Interim Tax Levy calculation the passing of a by-law providing for a 2004 Interim Tax Levy BACKGROUND: The Corporation of the City of Niagara Falls requires an interim tax levy. This requirement is necessary because of two factors. Firstly, the Corporation requires operating funds so as to meet its financial obligations. In addition to the requirement for its own operating needs, the Corporation must also meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. Both of these factors necessitate the interim tax levy. Failure to provide an interim tax levy will lead to increased borrowing by the Corporation and will result in increased interest expenses. An interim tax levy is required to ensure the provision of the required funds to minimize borrowing costs. The Legislature of the Province of Ontario has recently passed a new Municipal Act. The change in the Act has impacted all municipalities, specifically in the provisions and regulations concerning the billing and collection of property taxes. The authority to collect this interim tax levy is prescribed in section 317 of the Municipal Act. The interim tax levy is subject to the following rules: Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - F-2004-07 The amount levied on a property shall not exceed the prescribed percentage, or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. The percentage used in the levy may be different for different classes but must be the same for all properties in a property class. o Allows the municipality to use an entire years taxes for a property in the calculation of the interim tax levy in the situation that a full year was not charged in the previous year. Staffhas developed the interim tax levy based on these rules and has determined that the amount due for the interim levy for each property will be 50% of the annualized taxes levied in 2003. Staff recommends that this is the most equitable method for a number of factors, specifically the fact that this taxation is an assessment year, that the province has not determined the educational tax rates for properties nor has the Region of Niagara determined their tax rates for the current year. As a result, this calculation will minimize fluctuations in payments between the interim and final tax installments. The due dates for this interim tax levy are in accordance with the new Municipal Act. The interim bill will be due on two dates. As per the regulations outlined in the new Municipal Act, property owners must be provided 21 days notice before payment. The due dates are consistent with the regulation and will be February 27, 2004 and April 21, 2004. In 2003, these dates were February 28, 2003 and April 16, 2003. An interim levying by-law is required to establish the amount of the interim levy. This has been prepared and appears on this evening's Council Agenda for passage. Prepared by: Todd W. Harrison Manager of Revenue Respectfully submitted: x,J~hih~efMA~?n~;lrdative Officer Recommended by: K.E. Burden Director of Finance A~~k~/&r~°ved ~y: T. Ravenda Executive Director of Corporate Services Niagara Falls ~orpora[e =erv~ces uepartment Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city, niagarafalls.on.ca January 19, 2004 F-2004-08 Ken Burden Director His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-08 - 2004 Municipal Utility Budget Discussion RECOMMENDATION: For the information of City Council. BACKGROUND: As per City Council direction, the 2004 Municipal Utility Budget will be discussed during the regular Council meetings. The 2004 budget process will include two discussions, the first on January 19 and a second on February 2. A final budget review and approval of the water sewer rates will occur on February 23. Attached to this report are two pie diagrams which indicate where the municipal utility dollar comes from and where it is being spent. BUDGET ISSUES REVENUERS CONSUMPTION RATES The water and sanitary sewer consumption rates fund the expenditures from the Region for water filtration and sewer treatment. The water consumption rate is calculated by dividing the total water cost from the Region by the quantity of water billed to ratepayers. Approximately 24% of the total quantity of water purchased from the Region is considered to be unaccounted-for-water, which is included in the total cost of water. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - F-2004-08 The sewer consumption rate is calculated by dividing thc total sewer treatment cost from the Region by the quantity of water billed to ratepayers where sewer services are provided (some customers in the City do not receive sewer service). Approximately 62% of the total quantity of sewer treated by the Region is considered to be infiltration, which is included in the total cost of sewer treatment. Staff has received requests to adjust the sewer consumption rate during the summer season. The request would reduce the sewer consumption rate to recognize the use of water for watering lawns and gardens, and for filling and maintaining water levels in swimming pools. Staff advise that a summer reduction in the sewer consumption rate would in effect cause the non-summer rate to increase. SERVICE RATES Service Rates fund the costs to maintain the waterworks and sanitary sewer systems. These costs are primarily a maintenance function (hard services), but such items as billing and collection (soft services) are included. Both Water and Sewer service rates are calculated by dividing the total costs by the number of water meters. EXPENDITURES WAGES AND BENEFITS Staffanticipates that wages will be incremented by the contractual increase per the CUPE Agreement for 2004. Staff is reviewing the expenditure for labour to ensure that sufficient budget is included to maintain existing levels of service for both the water and sewer systems. Staff anticipates that benefit costs will increase by approximately 31%. The increase will result mainly fi.om the significant increase in the City's contributions to OMERS for employees. DEBT PRINCIPAL AND INTEREST PAYMENTS The 2004 charges for the payments of interest and principal are expected to decrease slightly due to the retirement of debt that was fully paid in the past year. In the capital program, should any of the water and sanitary sewer projects require debt financing, the servicing of the new debt will begin in 2005. MATERIALS The materials budget includes the estimated costs for the purchases of supplies, small equipment and services. Staff anticipates that there will be a general increase of 3% in this expense. CONTRACTED SERVICES Services purchased from external suppliers and contractors are recorded in the Contracted Services Budget. The principal supplier is the Region of Niagara for water filtration and sewage treatment. Staffhas been advised that the Region expects the rate per cubic meter to be increased by 10% for water filtration and 5% for sewage treatment. January19,2004 -3- F-2004-08 RENTS AND FINANCIAL The billing and receipting services, provided by Niagara Falls Hydro, will continue to be paid on a full cost recovery basis. Staff is currently reviewing the services provided and the costs associated with the billing and receipting services done by Niagara Falls Hydro. The Rents and Financial budget sheet also makes provision for Audit Fees, Advertising, Uncollectible Accounts, and the Sewer Rebate Program. Staff anticipates that a general increase of 3% will occur for this expenditure. TRAd~SFER TO OWN FUNDS Transfer to Own Funds reports what Staff has in the past referred to as Contribution to Capital Projects. These Transfers provide funding for waterworks and sanitary sewer system infrastructure construction and maintenance. Staff is reviewing the amount of transfers in consideration of City Council's new strategy to increase the amount of expenditures for the rehabilitation of both water and sanitary sewer systems. Summary This report is intended to inform Council of the various factors that will impact the 2004 Municipal Utility Budget. This report will also serve as the starting point in which Council's direction on any of the above factors will be addressed and included as part of the final utility budget presented on February 23, 2004. Recommended by: K.E. Burden Director of Finance Respectfully submitted: onald inistrative Officer E. Dujlovic, P Eng. Director of Municipal Works Approved by: T. Ravenda Executive Director of Corporate Services Attach. 2003 MUNICIPAL UTILITY REVENUE BUDGET Sewer- service Sewer - other charges 2% 12% Water - consumption 23% Sewer - consum 39% Water - service charges 22% Water- other 2% 2003 MUNICIPAL UTILITY EXPENDITURES BUDGET Inter-departmental services 2% Debt Other Transfers to capital- sewer 5% 1% 7% Water purchases (Region) 23% Sewer treatment (Region) 42% Transfers to capital - water 10% Billing and collection Wages and benefits 6% Materials 2% Corporate Services Department , ~,, Finance Division The CIfv of ~jr~ld 4340 Queen Street Niogorcl F(::]lislJ~l~t, P.O. Box 1023 C(]n(:]do ~~,'Niagara Falls, ON L2E 6X5 T~[ web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-2016 E-maih kburden@city.niagarafalls.on.ca F-2004-09 Kenneth E. Burden Director His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-O9 - 2003 Water and Sewer Payment Reconciliation RECOMMENDATION: 1) That the Citypay the Region of Niagara $1,204,853 for the balance of actual water and sewer costs incurred for 2003. 2) That the City not pay any further amounts for 2003 in regards to water and sewer services. 3) That the City support the use of actual flows for the Region of Niagara's billing for water and sewer. BACKGROUND: The .Regional Municipality of Niagara is responsible for providing potable water and sewer treatment services to the local municipalities. As part of the Region's annual budget process, Regional Council establishes the rates that will be charged to the local municipalities for these services. Prior to 2003, the Region billed the Area Municipalities based on the actual water flows and actual sewer flows as measured at the Regional Water and Wastewater plants. This billing method, based on actual flows, resulted in significant fluctuations in the monthly amounts billed to the Area Municipalities by the Region. In 2002, a consideration was requested by some of the Area Municipalities through the Area Treasurers' Meetings to change the Region's billing methodology. At the time of this request, staff of the City of Niagara Falls, along with some other Municipalities, voiced disagreement with this proposal. However, a methodology was proposed and endorsed by Regional Council in December 2002. The new approved billing method was to be in place for a trial period of one year, with a year-end reconciliation being done by the Region, so as to adjust for variances between the actual amounts used and the amounts billed. Working Together to Serve Our Community Clerks · Finance · Human Resoumes · Information Systems · Legal · Planning & Development January 19, 2004 - 2 - F-2004-09 As stated, the staff of City of Niagara Falls was opposed to this method as staffrecognized that, since the inception of the City's water metering system in 2001, the actual flows recorded in a year have been lower than previous years. On the sewer side, the weather was the main factor affecting the sewage flows, which is difficult to predict. Thus staff identified that it was likely that the City could be in either a deficit or surplus position at year end. However, since an adjustment mechanism was included in Regional Report 2002-207, staff took no action other than monitoring the actual flows. Throughout 2003, Finance staff processed and paid the billed amounts received from the Region. The total monthly cost to the City was an equal charge of $1,459,458.13. However, after the October 2003 payment was processed, staff concluded that unless water and sewer usage for both November and December was abnormally high, the City of Niagara Falls would incur a significant overpayment to the Region. In October, this issue was raised at the Area Treasurers' meeting at the Region. It was indicated by Regional staffto the Area Municipalities that a reconciliation method had not been established to effectively deal with the projected overpayment. Consistent with other payment requests wherein City staff disputes a bill, staff did not pay the Regional bill for November and December. The City has received the actual flow information from the Region. Staff has performed a reconciliation of what the City has paid to the Region with the amount used by the City. This reconciliation indicates that the City owes the Region an amount of $1,204,853. This amount represents the balance of actual water and sewer costs incurred by the City of Niagara Falls based on actual flows up to Dececember 31, 2003. A difference of $1,709,063 still remains between the total amount the City has used to the amount that the Region has billed. This represents the unpaid portion of the Region's bill based on the five-year average method. If this is paid, the City's Utility budget will have a deficit of at least this amount, as the City bills on actual usage. Staff recommends that until such time that Regional Council establishes the adjustment mechanism for reconciling the variance of billed amounts to actual, that no further payments are sent to the Region for water or sewer charges for 2003. Staff recommends that the City does not pay any interest charges that maybe added due to this direction. Staff recommends that the City does not agree with the use of averages in the Region's billing water and sewer and that the City supports returning to the method used prior to 2003. Prepared by: T. Harrison Manager of Revenue Approved by: T. Ravenda Executive Director of Corporate Services Recommended by: K. E. Burden Director of Finance Respectfully submitted: John MacDonald Chief Administrative Officer Niogaro Foils Corporate Services Department Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Tel: (905) 356-7521, Ext. 4288 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca Web Site: www.city.niagarafalls.on.ca F-2004-06 Kenneth E. Burden Director His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 19, 2004 Members: Re: F-2004-06 - Community Reinvestment Fund (CRF) RECOMMENDATION: That the Council accepts the Community Reinvestment Fund allocation in accordance with the terms and conditions from the Province of Ontario. BACKGROUND: Staff has received a communication from the Ministry of Finance and the Ministry of Municipal Affairs and Housing regarding the Community Reinvestment Fund (CRF). The information provided details regarding the 2002 year-end CRF reconciliation, the updated 2003 CRF allocation, the 2004 CRF allocation, and municipal information requirements. 2002 Year-End Reconciliation A 2002 year-end reconciliation has now been completed and adjustments have been made to reflect actual Local Services Realignment (LSR) costs. The CRF allocation for 2003 has also been updated. For those municipalities that require additional CRF to offset their net LSR costs, the Ministry of Finance will process a separate CRF payment in 2003 that reflects the increase in costs. Staff has confirmed that this payment has been made; a total of $1,476,000 which includes a 2002 adjustment of $738,000 and a 2003 adjustment of $738,000. This additional funding will be carried forward and applied to 2004 as per the Council's direction in accordance with municipal information requirements. 2004 CRF Allocation The 2004 CRF allocation is equal to the updated 2003 total CRF allocation of$3,153,000. The total amount includes $2,764,000 base funding ($2,026,000 for 2003), transit bonus of $170,000 ($170,000 for 2003), and bonus funding of $219,000 ($219,000 for 2003). The City's 2004 General Purposes Budget will be impacted as the funding is greater than what Staff anticipated. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development January19,2004 -2- F-2004-06 2004 CRF Conditions Municipal information requirements are detailed on Schedule A attached. Municipalities are expected to apply all CRF allocations to the current year operational costs and pass the benefit of those funds directly on to the taxpayer. The requirements provide certain key information to the province that confirms Council's commitment to a shared objective of tax relief for property taxpayers. The acceptance of the CRF Allocation constitutes agreement with the statements, terms and conditions as shown in Schedule A. Staff has prepared the Council resolution in compliance to the requirements. Prepared by: K. Burden Director of Finance Respectfully submitted: m MacDonald hief Administrative Officer Recommended by: T. Ravenda Executive Director of Corporate Services Conditions of Community Reinvestment Fund Allocations Reporting requirements have been attached to the Community Reinvestment Fund (CRF) since 2000. Municipal reporting requirements will remain the same for the 2004 CRF as for 2003. Acceptance of a CRF Allocation constitutes agreement with the below-mentioned statements and terms and conditions. The CRF Allocation consists of the CRF Base, as well as the CRF Bonus, Transit Bonus, Supplementary Assistance, and the CRF Stabilization Bonus for 2004. The CRF Base is a grant paid quarterly to eligible municipalities to offset the costs of services transferred to municipalities under the LSR initiative. CRF Base Allocations are determined by a formula that calculates the difference between net LSR costs, as defined by the Province and available residential education tax room for each municipality, as defined by the Province. Municipal councils ultimately decide how CRF Allocations (in total) are spent and/or used for the benefit of taxpayers. In making this decision, municipal councils will be guided by their obligation to provide effective and efficient delivery of services to taxpayers. As with all budgetary decisions, municipal councils recognize that they are directly accountable to taxpayers for their use of CRF Allocations. Municipalities are required to submit the following to their regional Municipal Service Office of the Ministry of Municipal Affairs (addresses attached): (i) (iii) a council resolution declaring the municipality's: a) intent to use the CRF Allocations they will receive for the benefit of taxpayers; and b) acceptance of the CRF Allocations in accordance with these terms and conditions by January 30, 2004; their 2003 Financial Information Returns (FIRS) in accordance with the deadline to be set by MMAH; and their 2004 tax rate by-laws by September 30, 2004. Failure to meet these deadlines may result in the withholding of CRF Allocations until these documents have been provided to the Province. SCHEDULE A The City of N agara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman January 19, 2004 WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended use of the CRF allocation is for the benefit of property taxpayers; and, WHEREAS the Council of the municipality of Niagara Falls does recognize that they are directly accountable to property taxpayers for their use of the CRF allocation; and, NOW, THEREFORE, let it be resolved that the municipality of Niagara Falls intends to use the 2004 CRF allocation for the benefit of property taxpayers; and, FURTHERMORE, THAT the municipality of Niagara Falls does accept the 2004 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. AND the Seal of the Corporation be hereto affkxed. DEAN IORFIDA CITY CLERK R. T. (TED) SALCI MAYOR Niogo,o Fo, Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafalls.on.ca Tel.: Fax: E-mail: (905) 356-7521 (905) 356-7404 diorfida@city, niagarafalls.on.ca CD-2004-02 Dean Iorfida City Clerk January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD-2004-02 Delegation of Adult Entertainment Parlour Appeals RECOMMENDATION: That Council approve the delegation of appeals related to adult entertainment parlours and entertainers to the Police Services Board. That three members of Council be chosen to form a Committee of the Council to hear certain matters involving applications for licences for body-rub parlours, adult stores and, until an arrangement with the Police Services Board has been finalized, adult entertainment parlours. BACKGROUND: City Council passed the Live Adult Businesses By-law (2002-197) in November 2002. In its first year of application the by-law has worked well. An administrative procedure, however, has arisen that Council may wish to revisit and, possibly, delegate to the Police Services Board. Before the aforementioned by-law passed, exotic dancers (known as entertainers under our by-law) received their authority to perform via a registration system administered by the Police Services staff. An exotic dancer would either apply directly at the Police Services office or would have their identification and particulars faxed fi.om the club they were to perform at. The Police Services staff would do spot inspections to ensure that the performer and the faxed identification were consistent. Once registered, the entertainer's registration was valid for two years. The Police Services' were pleased with the City's efforts to move to a licensing scheme, viewing it as a more stringent process. Entertainers are now required to appear at the Police Services' office to make an application for a one-year licence. If an entertainer/exotic dancer is refused a licence by Police Services staff, the applicant has fight to appeal. Under By-law 2002-197, the appeal would be heard by a Committee of Council. Such a Committee of Council has been invoked on three occasions, since, to deal with appeals related to body rub parlours, not adult entertainment parlours (strip clubs). Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development - 2 - CD-2004-02 Because of the changeover from the registry system to the more strict licensing system, there is a good possibility that a number of entertainers that had been registered in the past, will not be licensed. In all likelihood, these entertainers will wish to appeal; therefore, it is foreseeable that the Committee of Council could become inundated with such appeals. Police Services staff has indicated that there is already an entertainer that wishes to appeal. Section 159 of the Municipal Act allows a municipality to delegate the licensing, regulating and governing of a business to the Police Services Board. Currently, the Board deals exclusively with taxis, limos, tow trucks and second hand shops, amongst other businesses. Because Police Services staff deals with all other aspects of the adult entertainment parlours (strip clubs), it makes logical sense for appeals to be heard by the Police Services Board. It should be noted that at this time, the Committee of Council would still responsible for hearing appeals related to body rub parlours. The Police Services Board is waiting for all municipalities in the Region to come on board related to Adult Entertainment parlours before they contemplate taking over the licensing, regulating and governing of body rub parlours. Finally, if Council approves this request to delegate, the Police Services Board will still have to formally agree. Also, applicable by-laws and the agreement between the municipality and the Police Services Board will have to be amended accordingly. CONCLUSION: Administratively, there may be more requests for appeals as the process for exotic dancers moves from the registration system to licensing under the City's by-law. Because there is already an apparatus in place (the Police Services Board) it might be in Council's interest to delegate appeals to this body. Also, all other aspects of the Adult Entertainment Parlour trade are administered by Police Services staff. In the meantime, Council should appoint three members from its ranks to hear Body Rub appeals or any Adult Entertainment appeals that might be necessary during the transition period before delegation. Recommended by: City Clerk Respectfully submitted: Donald (~/Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services Corporate Services Department F-2004-05 The City of Niagara Falls Canada Finance 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2016 E-mail: kburden@city.niagarafalls.on.ca Kenneth E. Burden Director January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F-2004-05- Fidelity Bond Coverage RECOMMENDATION: 1. That this report regarding Fidelity Bond Coverage be approved. That the City's Comprehensive Crime Policy be deposited with the City Solicitor for safekeeping and to be available for inspection. BACKGROUND: This report has been prepared to comply with the requirements of the new Municipal Act regarding the annual production of the fidelity bond coverage. Section 287 (1) of the new Municipal Act states: A municipality may require its treasurer, deputy treasurer and any other person designated by the municipality, as a condition of acting or continuing to act on behalf of the municipality, (a) to be bonded in the manner and to the extent designated by the municipality; and (b) to provide the municipality with proof of the designated bonding at the times and in the manner the municipality requires. A fidelity bond has been obtained as part of the City's Comprehensive Crime Insurance Policy from the Frank Cowan Co. Ltd. The fidelity bond has been in effect since January 1,2004 and will expire December 31, 2004. Arrangements will be made to renew this policy as part of the City's annual General Insurance Report to be brought to Committee and Council prior to January 1, 2004. Following is a summary of the coverage that applies in the existing policy. Working Together to Serve Our Community Clerk's · Finance · Human Resources · Information Systems · Legal · Planning & Development January 19, 2004 -2 - F-2004-05 CRIME INSURANCE Limits are as follows: Commercial Blanket Bond Package which includes: · Counterfeit Paper · Depositors' Forgery · Audit Expense (Sub-Limit $100,000.) Money and Securities - Blanket any Location Excess on Securities $ 1,000,000. 100,000. 100,000. The bond insures the loss of money, securities or other property sustained through the fraudulent or dishonest acts of any of the City's Employees, Members of Council, and Members of all Boards, Commissions and Committees appointed by and under the jurisdiction of Council. Broad Form Money insures loss of monies and securities sustained by the City bythe actual destruction, disappearance orwrongful abstraction thereof. The audit expense coverage provides for the reimbursement of reasonable expenses incurred by the Insured to prepare proof of a valid loss under the policy and is in addition to the overall bond limited. · Misinterpretation of Date Exclusion Endorsement applies. January19,2004 -3- F-2004-05 The conditions of this policy state that upon knowledge or discovery of loss or of an occurrence which may give rise to a claim for loss, notice shall be given as soon as practicable to the insurer or its authorized representative and that within four months after the discovery, a detailed proof of loss must be filed. The authorized representative of the insurance company is First Niagara Insurance Brokers Inc., the City's broker of record. An additional condition is that immediate notice of any loss due to violation of law must be given to the police or other peace authorities having jurisdiction. All of the above information is subject to the general agreements, conditions, limitations and other terms of the policy. There have been no claims presented against this policy during the past year and at present no claims are outstanding. In compliance with the Municipal Act, this report brings the Fidelity Bond Coverage to Council for its annual approval. Recommended by: K. Burden Director of Finance Respectfully submitted: Co~~ M~~ ?/~~f,h?e fMAadcmD~.~l~s~lrdati v e O ffi c er Approved by: T. Ravenda Executive Director of Corporate Services City of Corporate Services Department Legal ~ervices 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-2004-07 R. O. Kailio City Solicitor January 19, 2004 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L-2004-07 Establishment of Public Highway Part 2 on Reference Plan 59R-12261 As Part of Weinbrenner Road Our File No.: 2003-299 RECOMMENDATION: That a road widening, being Part 2 on Reference Plan 59R-12261 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 Site Plan approval, 1546952 Ontario Limited conveyed a road widening to the City. The subject lands are located on the south side of Weinbrenner Road and shown in heavy outline on the plan attached. Staff is now recommending that the subject lands be dedicated as a public/big'hway to be known as and to form part of Weinbrenner Road. ~¢ared '/ ~v~~ P · by: Ap · Mary I~ [6rrone -" Tony Ravenda ,J Ray Kallio City Solicitor by: Executive Director of Corporate Services MacDSpectfully submitted: Z onald ~ Chief Administrative OfficerX MM/lb Working Together to Serve Our Community Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development F'AR! 'r, PI AN .'_~gR- 1'7160 PART OF LOT 20, CONCESSION 2 _ . . ...... ~ ,~ ..... The City of Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city, niagarafails.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-maih munwks@city.niagarafalls.on.ca MW-2004-18 Ed Du.ilovic, P. Eng. Director His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 19, 2004 Members: RE: MW-2004-18 Parking & Traffic By-Law Updates RECOMMENDATION: It is recommended that Parking and Traffic By-law 89-2000 be amended to reflect the existing field conditions as noted below. BACKGROUND: During the course of several recent parking and traffic studies, it was noted that the several restrictions are not included in Parking and Traffic By-Law 89-2000, however, signs are installed in the field. To ensure that the signs and by-law coincide to legally enforce these restrictions, it is necessary to amend the by-law to include the following: o Parking Prohibited: South side of Eastwood Crescent between Victoria Avenue and a point 65 metres east of Victoria Avenue Parking Prohibited: South side of Eastwood Crescent between Ontario Avenue and Palmer Avenue, Except by Permit, Tow Away Zone Parking Prohibited: Southeast side of Chippawa Parkway from Portage Road and a point 30 metres southwest of Portage Road Parking Prohibited: Northwest side of Chippawa Parkway from Portage Road and a point 22 metres northeast of Pell Street o o Limited Parking: 2 Hour Limit, 9:00 a.m. to 5:00 p.m., Monday to Friday, on the southeast side of Chippawa Parkway from Norton Street to Pell Street 60 krn/hr Speed Limit: Kalar Road between Thorold Stone Road and Lundy's Lane Yield Sign: Westbound on St. Luke Street at Drummond Road Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services January 19, 2004 -2- MW-2004-18 Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Respectfully submitted: . x-'John MacDonald Chief Administrative Officer Ed Dujlovic, P. Eng. Director of Municipal Works Tim Burshtein S:\TRAFFIC~*,EPORTS~2004\CouncilWIW-2004-18.wpd File (3-180-05 Niagara Falls c Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city. niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: m unwks(~city.niagarafalls.on,ca MW-2004-19 Ed Dujlovic, P. Eng. Director His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 19, 2004 Members: Re: MW-2004-19 Grey Avenue from Ferry Street to Peer Street Amendment to By-law 89-2000 RECOMMENDATIONS: It is recommended that Traffic and Parking By-law 89-2000, be amended, to reverse the direction of travel on Grey Avenue from southbound to northbound, as per Council's approval on September 8, 2003. BACKGROUND: An Environmental Assessment for traffic management on Grey Avenue between Ferry Street and Peer Street had been completed in the summer of 2003. Report MW-2003-123 was then prepared and approved by council September 8, 2003, recommending the reversal to the direction of travel on Grey Avenue. Staffhas now received the necessary approvals fi-om the Region in order to proceed with the environmental assessment study results. Therefore, prior to implementing the signing modifications, it is necessary to amend By-law 89-2000 to provide authority for the purpose of regulating traffic. In compliance with standards, advance notification signs will initially be posted on Grey Avenue for a 30-day period, with the reversal occurring late February. Council's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services ~Respectfully submitted: ~ k/lohn MacDonald Chief Administrative Officer Ed Dujlovic, P. Eng. Director of Municipal Works S :\TRAFFIC~*,EPORTSL2004\CouncilhMW_2004.19 .wpd