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2005/01/31
COUNCIL MEETING Monday, January 31, 2005 Order of Business and Agenda Package PRAYER: Alderman Jim Diodati COUNCIL MEETING January 31. 2005 ADOPTION OF MINUTES: Council Minutes of January 17, 2005 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Regional Council Anne Angelone, Regional Council representative, wishes to provide an update on Regional Council matters. Centennial Day Update DEPUTATIONS Niagara Falls Big Brothers Big Sisters Association Inc. Jon Braithwaite, Executive Director, Niagara Falls Big Brothers Big Sisters wishes to address Council on the Niagara Falls Big Brothers Big Sisters programs and their upcoming 3r Annual Bowl For Kids Sake Campaign. Alderman Jim Diodati will provide a recap of the Centennial Day activities. ITEM NO. 06 -2- PLANNING MATTERS Public Meeting Official Plan Zoning By -law Amendment Application AM- 42/2004, Southwest corner of McLeod Road and Alex Avenue Applicant: TAGC Holdings (Carmen Grisafi) Agent: Michael Allen, Architect Background Material: Recommendation Report: PD- 2005 -09 MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association for Marriage and Family Therapy Re: Proclamation requesting that the week of February 14 -18, 2005 be proclaimed as "Marriage Checkup Week RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS REPORTS FINANCE DEPARTMENT MATTERS 1. Chief Administrative Officer F- 2005 -02, Borrowing By -Law. 2. Chief Administrative Officer F- 2005 -03, Sewer Consumption Rate Credit. 1. Chief Administrative Officer F- 2005 -04, Niagara Falls Art Gallery, 8058 Oakwood Drive. 3. Chief Administrative Officer 4. Chief Administrative Officer 3 AND Various Correspondences with regard to this matter. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. L- 2005 -05, Navy League of Canada and The Corporation of the City of Niagara Falls Lease Agreement; 2. L- 2005 -07, Fidelity Bond Coverage; 3. MW- 2005 -10, Niagara Union Property Development Inc., Condominium Agreement with City; RATIFICATION OF "IN CAMERA" ACTIONS RESOLUTIONS F- 2005 -05, Interim Tax Levy. F- 2005 -06, Approval of Spending Limits Prior to the Approval of the 2005 Budget Estimates. 1. BE IT RESOLVED that the Regional Municipality of Niagara be petitioned to reduce its Council size and further be it resolved, that the Regional Municipality of Niagara and the lower -tier municipalities in Niagara consider having representatives sit on both levels of municipal government, to reduce the number of municipal politicians. 4 2. THEREFORE BE IT RESOLVED, the subject lands be and the same is hereby declared surplus to the City's needs and reconveyed to the abutting owner, Niagara Union Property Development, for nominal consideration. AND THEREFORE FURTHER BE RESOLVED that this shall constitute notice that at its meeting to be held the 14 day of February, 2005 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed closing and reconveyance of the subject lands, to Niagara Union Property Development, for nominal consideration. The contact person is Mary Morrone. BY -LAWS His Worship Mayor Salci will request whether there is anyone present that has an interest respecting Part of Lot 38, Plan 11 located on the south east side of Lewis Avenue. 2005 -10 To authorize the conveyance to Niagara Catholic District School Board respecting Part of Lot 38, Plan 11 located on the south east side of Lewis Avenue. The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -11 To amend By -law No. 79 -200, to permit the expansion of a commercial plaza. (Re: AM- 45/2004, 5816 and 5846 Drummond Road) 2005 -12 To amend By -law No. 79 -200, to permit a billiard hall. (Re: AM- 51/2004, 8123 Lundy's Lane) 2005 -13 To establish Part 3 on Reference Plan 59R -12340 as a public highway, to be known as and to form part of Garner Road. 2005 -14 To amend By -law No. 79 -200, as amended. (Re: AM- 36/1999, Rainbow Hotel Restaurant) 2005 -15 To establish Part 3 on Reference Plan 59R- 12608, as a public highway, to be known as and to form part of Kalar Road. 2005 -16 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited) 2005 -17 To provide an interim levy of realty taxes. 5 2005 To amend By -law No. 79 -200, to permit the construction of an apartment dwelling. (Re: AM- 29/2004, Victor Elms, Leader Lane through to Stanton Avenue) 2005 19 To provide for appointments to certain Boards, Commissions and Committees. 2005 20 To authorize temporary borrowing. 2005 -21 To adopt, ratify and confirm the actions of City Council at its meeting held on the 31s day of January, 2005. NEW BUSINESS Sent By: 9053573759; Jan -20 -05 5:35PM; Page 1/1 To Dean Iorfida City of Niagara Falls City Clerk's Office Dear Mr. Iorfida, Sincerely, Niagara Falls Big Brothers Big Sisters I am requesting the opportunity to address the City Council of Niagara Falls on Monday, January 31' regarding Niagara Falls Big Brothers Big Sisters programs, and more specifically, our upcoming Bowl For Kids Sake Campaign. As you may be aware, Big Brothers Big Sisters programs provide many benefits to the children and youth of Niagara Falls. In fact, Big Brothers Big Sisters programs support our Local Educational System. Niagara Falls Big Brothers Big Sisters serves over 100 children. 100 children in Niagara Falls are more likely to go to school today because they are involved with Big Brothers Big Sisters programs. 100 children in Niagara Falls are more likely to complete high school than their non- mentored peers 100 children in Niagara Falls are significantly (82%) more likely to develop a better relationship with their teacher 100 children in Niagara Falls are significantly (76 more likely to develop better grades 100 children are more likely to attend a post-secondary institution Big Brothers Big Sisters programs also improve the odds of our children becoming employed as adults, decrease the likelihood of children abusing alcohol and drugs, and help the children of our community reach more of their potential. To help us reach more children in need of a mentor, we have launched our 3`" Annual Bowl For Kids Sake campaign. We are hoping to build on the successes of last year, and we would like to invite Council and City Employees to participate this year. If yuu have any fuithci yucatiuns iegaidiug this icyuent, plcaae feel lice to cuntaut me at (905) 357 -5454, or by email at jbraithwaite4 cogeco.net. Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters M9QNCIU METING JAN 3 1109. From: Information Niagara 905 -6B2 -2875 FAX: 905- 682 -4314 Niagara Falls Big Brothers Big Sisters o for Kids Sake Ch BOWL AIDS SAKE at 1 Bowl for Kids Sake is the largest fundraising campaign held annually by Niagara Falls Big Brothers Big Sisters. Teams of 4 or 5 people solicit pledges on behalf of Big Brothers Big Sisters, and then attend a fun night of bowling at Cataract Lanes on Saturday February 19 2005. Individuals earn incentive prizes for the level of pledges gathered as well as special prizes, draw prizes and t- shirts for participants that raise a minimum pledge. Bowling skill is definitely not a prerequisite, because... "It's not about bowling It's about kids!" Register your team nowlll Space is limited!! 01 4 Call our office to register your team and help to reach our goal of $40,000, enough resources to match 40 waiting children. "It only takes a Little time to make a Big difference" Presented by: $S& Sponsored by: !Agin Ni agara T1 X GECo Amu Cear,rfw CtJWIld A wmmno nf man Date: 1/20/05 Time: 11:50:34 PM AIM TAIMAAA Big Brothers Big Sisters programs make for Safer Communities Children and youth enrolled in Big Brothers Big Sisters mentoring programs are: 46% less likely to start using alcohol or illegal drugs 33% less likely to hit somebody More likely to step in to stop an argument Niagara Falls Big Brothers Big Sisters 5017 Victoria Ave Niagara Falls, On L2E 4C9 P (905) 357 -5454 F (905) 357 -3759 bowlforkids @cogeco.net www.niagarafallsmentors.org By participating in Bowl for Kids Sake, your support will make a difference in the life of a child in Niagara Falls Page l of 2 From: Information Niagara 905 -682 -2875 FAX: 905-682 -4314 a m JCAWW a u r Date: 1/20/05 Time: 11:50:34 PM Page 2 of 2 5, is e b in I H n o rtr en m CV It w t C 8 it CO CO 0 0 .aqao o pl ti a O A bn 0 G Qt o b i 9? '6h '.0 h a a z j rea 44 w a) 3 CP b G 0 a, w a m 3 En 1) F U P, 2 j Eel a) Cq The City of Niagara Fall Canada Members: RECOMMENDATION: It is recommended that Council: (b) Corporate Services Department PD- 2005 -09 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario January 31, 2005 Re: PD- 2005 -09, Official Plan Zoning By -law Amendment Applications AM- 42/2004, Southwest Corner of McLeod Road and Alex Avenue Applicant: TAGC Holdings (Carmen Grisafi) Agent: Michael Allen, Architect 1) approve an amendment to the Official Plan to change the designation of the lands on the southwest corner of McLeod Road and Alex Avenue from Residential to Minor Commercial and to place a Special Policy Area designation on the land to specifically control the proposed development; 2) approve the requested amendment to the Zoning By -law to change the zoning of the subject land to two site specific General Commercial (GC) zones in order to: (a) limit the development of the east portion of the land for a hotel only, permit the hotel to have a building height of 16 metres (53 feet) and exempt the hotel from having to provide a restaurant; limit the development of the west portion of the land to 2,576 square metres (27,732 square feet) ofretail/office /restaurant space with a holding(H) provision requiring the completion of a market need and justification report prior to construction. (c) limit the height of the development on the west portion to two storeys and prohibit any restaurants from the south half of this portion; (d) implement setbacks for building is as proposed on Schedule 2; and, 3) direct that residents be involved in the site plan approval process. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 31, 2005 BACKGROUND: TALC Holdings has requested amendments to the Official Plan and Zoning By -law for a vacant 2.0 hectare (5.0 acre) site located on the southwest corner of McLeod Road and Alex Avenue, as shown on Schedule 1, to permit the development of a four- storey, 138 room hotel and 2,570 square metres (27,700 square feet) of retail /office/ restaurant space. Details of the revised proposal are shown on Schedule 2. The land is currently designated Residential in the Official Plan and zoned a site specific Residential Low Density, Grouped Multiple Dwellings (R4 -352) zone. Special Provision 352 permits the development of 80 townhouse units. The applicant proposes to change the Official Plan designation to Minor Commercial. A corresponding zone change to a site specific General Commercial (GC) zone also has been requested to permit the westerly portion of the land to be developed for commercial purposes and the easterly portion of the land to be developed as a hotel with a height of 16 metres (53 feet). At its November 15, 2004 meeting, Council deferred this application to provide an opportunity for the developer to meet with neighbouring residents. Concerns raised included traffic infiltration into residential areas via Alex Avenue, a lack of sidewalks on McLeod Road, buffering and screening from development and the massing and height of the development. On December 7, 2004, the developer's team and City staff met with residents to try to resolve outstanding concerns. As discussed in this report, a number of significant issues were addressed. The applicant has requested this matter be brought back to Council for further consideration. Issues are summarized in the Planning Review below. Additional Circulation Comments Municipal Works Given the Region's corridor study, a traffic study is no longer warranted. The Region's study will undertake the work of studying traffic impact from this development. Regional Public Works Planning Review 2 PD- 2005 -09 No widening is required along Alex Avenue. see attached letter A detailed review regarding the conformity of this development to the objectives of the Official Plan and appropriateness of the proposed zoning are contained in the attached Staff Report (PD -2002- 115). The following is a brief summary of the major points: Sufficient amounts of designated residential land exist in the City to serve present and future needs, allowing these lands to be removed from the residential land inventory. The site is sandwiched between two Minor Commercial areas, one on the east side of Alex Avenue and one on the south side of McLeod Road, running east from Drummond Road. It is logical and appropriate to continue this land use pattern and fill in the gap by designating the subject lands Minor Commercial. January 31, 2005 3 PD- 2005 -09 Ample building setbacks, buffering and generous landscaping are proposed to assist in ensuring this development is compatible with abutting residential uses. To ensure sufficient municipal infrastructure exists for this area, construction of a municipal sidewalk along McLeod Road is to be undertaken. The Official Plan policy will limit the use of the land to what is proposed. The amending by -law will contain site specific provisions regulating setbacks, landscaping and building heights and establishing a hold zone over the westerly lands until the prerequisite market studies have been done demonstrating there is sufficient need for this development. The following are major issues raised by residents and an indication of how these will be dealt with: 1. Traffic Infiltration into Surrounding Residential Areas, and Traffic Queuing This concern particularlyrevolves around the entrance to the development from Alex Avenue and the absence of traffic lights at the intersection of Alex Avenue and McLeod Road, potentially leading to traffic infiltration onto residential streets and increased queuing and egress delays onto McLeod Road from Alex Avenue. At the December 7, 2004 neighbourhood meeting, the developer indicated he would be willing to eliminate the proposed access onto Alex Avenue to alleviate residents' concerns. However, there may be a concern with this from the Region. Regional Public Works is initiating a corridor study on McLeod Road that will determine the need for additional lanes, infrastructure and centre medians on McLeod Road. This study may demonstrate a need for a centre median running along McLeod Road west from Alex Avenue, possible curtailing the access to the hotel. To keep access to this parcel at a functionally acceptable level, the Region has indicated that an access out to Alex Avenue is needed. Previously, the City's Traffic Services section, through information provided by the Region, indicated that traffic levels on Alex Avenue were well below the level that warranted a traffic signal at the intersection of Alex Avenue and McLeod Road. However, the Region is willing to have the installation of signals at this intersection advanced. The installation should address the residents' concerns about queuing on Alex Avenue at McLeod Road. Depending on timing of construction, the Region and the developer have agreed on a scheme where the developer would share the cost of this signalization. Should the development go ahead of the Region's timing for signalization, the developer will put up a Letter of Credit to guarantee this light will be put in. An access to Alex Avenue needs to be provided pursuant to Regional requirements as full access to McLeod Road from the hotel parcel may not be possible. Determination of access will have to be made at the site plan stage. However, the traffic signals should alleviate residents' concerns about queuing on Alex Avenue as a result of this development. 2. Landscaping and Buffering Abutting Residences Residents' concerns on this matter include the provision of a landscape buffer, tree preservation and types of plantings that would be used. A landscape buffer of 9 metres (30 feet) or greater is proposed at the rear of the site, abutting the residences. This is well in January 31, 2005 PD-2005-09 excess of buffering provided by most commercial developments in the City. In addition, the revised proposal, seen on Schedule 2, shows the replacement of several parking spaces adjacent to the residences with landscaping. This should provide adequate protection for the residential uses. In conjunction with the site plan review, an inventory of existing trees should be undertaken to identify areas where trees should be saved. The retention of trees in the landscape strip abutting the residences should be done where possible. Additional plantings along with wood fencing abutting residential properties will be required through site plan control. 3. Height of Buildings There are concerns about the increased height for the hotel. The hotel is proposed to be four storeys high. The additional height is meant to accommodate a roof feature that will enhance the visual appearance of the hotel. Given the distance of the hotel from residential properties (49 metres or 148 feet), an increase in height of 4 metres (13 feet) is not expected to impact on nearby residences. The amending by -law will restrict the hotel to four storeys (16 metres or 53 feet), will require a roof feature without any occupancy to be constructed within the height requirement and will implement the proposed building setbacks. In addition, it has been requested that the rest of the development be kept to a height of two storeys. Staff agrees with the residents' request to maintain all other commercial buildings at two storeys in height. This restriction will keep the proposal consistent with other developments along McLeod Road and with nearby residential properties. The proposed building setbacks will be implemented on this block. 4. Other Issues Motel 6 Questions were raised about the hotel's appearance, location and amenity space and the possibility of bus parking. The final design and materials used for the hotel will be determined at the site plan stage There is no external amenity space proposed and the site plan will confirm this. The applicant has indicated that a Motel 6 typically does not cater to bus tours. Zoning typically does not prohibit bus parking on commercial properties nor does it require the provision of any bus parking. Should a bus parking area be necessary, this will need to be determined at the site plan stage. The Official Plan and amending by -law will limit the hotel to the easterly parcel. 5. Other Issues Commercial Block Concerns have been raised about restaurant use on this parcel, outdoor entertainment and garbage storage. The applicant has agreed to limit restaurants on the commercial block to buildings in the northerly half of the block, abutting McLeod Road. This would provide a setback of around 53 metres (160 feet) for a restaurant from the nearest residential property. This setback and good site design should mitigate impacts of restaurants on these residences. The appropriate locations of garbage bins or methods to mitigate them are to be determined at the site plan stage. Certain issues raised by the residents, such as existing property standards and controls on entertainment on outdoor patios, are governed by existing municipal by -laws and any concerns should be dealt with by the appropriate departments. January 31, 2005 5 PD- 2005 -09 CONCLUSION: The requested amendments to the Official Plan and Zoning By -law can be supported for the following reasons: The proposal is in conformity with the general objectives of the Official Plan. The Official Plan and amending by -law will contain policies and provisions to regulate building heights and setbacks and the provision of landscaping and buffering, and will implement holding regulations until such time as there is market demand for the commercial block. The residents are recommended to be involved in the site plan process. Prepared by: Respectfully submitte drew Bryce ohh MacDonald Planner 2 Chief Administr. ive Officer Recommended by: Doug Darbyson Director of Planning Development Approved by: 3 T. Ravenda Executive Director of Corporate Services AB:pb Attach. The revised plan, to the extent possible through the amendment process, should alleviate most concerns of the residents with respect to access onto Alex Avenue and traffic infiltration, buffering and landscaping and building heights. The Official Plan and the amending zoning by -law will restrict the hotel to the easterly parcel and will implement provisions restricting restaurants on the commercial parcel to the northerly half of the parcel. S:\PDR\2005\PD2005 -09, Am42 -04, McLeod Alex Ave.wpd Subject Land SCHEDULE 1 LOCATION MAP IIIIIIII►►►iii CPDHPM ST iiii NLLPGE CRES 11111IIII 1 ��1 1 MCLEOD RD 0 di ts PKEWOOO ORES 111111111111k II111111 111111 illillllll! iiIIi1IiIliII fag or- Silt IN r J C m 17T 1 Location: Applicant: Amending Zoning By -law No. 79 -200 SW Corner of McLeod Alex Avenue TAGC Holdings AM- 42/2004 s I:NTS SCHEDULE 2 '3AV XS1N1 154.1* NOSMT2SE ONIPOCNI CCM flown ti 4 k o 1 i a 0 tf ri. ere 0 re_4 1 i I rr i. ;Fr ;""t,•: y.,....\, e 10 I •v; '‘i k 01/21/2005 11:30 FAA UU U DUU14 NIA( RA Wit January 19, 2005 Ms. Marzenna Carrick Manager of Traffic Operations City of Niagara Falls 4310 Queen Street NIAGARA FALLS, Ontario L2E 6X5 Dear Marzenna: ALAVAVl\ aa\{11144. Mai vala.uum PUBLIC WORKS DEPARTMENT OPERATIONAL SUPPORT SERVICES The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario 1.2V 417 As a result of the meeting regarding the above held on January 17, 2005, the following was discussed: The corridor study that the Region will be undertaking for McLeod Road is expected to commence later this spring. If the subject site were to develop in two phases as discussed, Phase I would be permitted with a full access on Mcleod Road provided that another full access is constructed on Alex Avenue. This is necessary in order to provide effective and safe flow of traffic in and out of the site. Phase I will also be the beneficiary of new traffic signals at the Alex Avenue intersection. The applicant of the site must be aware that the access on McLeod Road for Phase I could become restricted if the corridor study recommends that an inland or barrier is required to preclude left turn-in movements into the site for safety and operational reasons. The access for Phase II appears to be located a sufficient distance from the Phase I access and would, therefore, be permitted. Our Transportation Department will design and estimate the cost of the traffic signals at the site plan stage. These details, with a letter of credit from the applicant to the Region amounting to 50% of the estimated cost, must be included as conditions of the site plan agreement. A 3.0m wide roadway widening along the entire frontage (Phase I and II), along with a 7.0m x 7.0m daylight triangle (measured from the widened right -of -way), must be deeded to the Region for road improvement purposes and future utility conSiderations. RECEIVED JAN 21 2005 PLANNING DEVELOPMENT Phone: (905) 685 -1571 Fax: (905) 687 -8056 1-800- 263 -7215 Websitet www.regional.niagara.on.ca I trust this information is satisfactory for purposes of your report. Yours truly B. McInnis Supervisor of Permits cc. A. Brice, City Planning; E. Flora, 4.. W. Stevens Ms. Marzenna Carrick January 19, 2005 Page 2 The Cify of Niagara Falls Canada His Worship Mayor Ted Saki and Members of the Municipal Council City of Niagara Falls, Ontario Members: Tel.: Fax: E -mail: RECOMMENDATION: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca (905) 356-7521 (905) 356-2354 planning ©city.niagarafalls.on.ca November 15, 2004 [THIS MATTER DEFERRED BY COUNCIL Re: PD- 2004 -104, Official Plan Zoning By -law Amendment Application AM- 42/2004, Southwest Corner of McLeod Road and Alex Avenue Applicant: TAGC Holdings Agent: Michael Allen, Architect Proposed Hotel and Retail/Office/Restaurant Development PD- 2004.104 Doug Darbyson Director It is recommended that Council approve: 1) an amendment to the Official Plan to change the designation of the lands on the southwest corner of McLeod Road and Alex Avenue from Residential to Minor Commercial and to place a Special Policy Area designation on the land to specifically control the proposed development; 2) the requested amendment to the Zoning By -law to change the zoning of the subject land to two site specific General Commercial (GC) zones in order to: (a) limit the development of the east portion of the land for a hotel only, permit the hotel to have a building height of 16 metres (53 feet) and exempt the hotel from having to provide a restaurant; (b) limit the development of the west portion of the land to 2,576 square metres (27,732 square feet) ofretail/office /restaurant space with a holding (H) provision requiring the completion of a market need and justification report prior to construction and to limit the height of the development to two storeys. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 15, 2004 2 PD-2004-104 BACKGROUND: The subject 1.9 hectares (4.7 acres) of vacant land are located on the southwest corner of McLeod Road and Alex Avenue, as shown on Schedule 1. The applicant has requested an amendment to the Official Plan and Zoning By -law to permit the development of a four storey, 138 -room hotel on the east portion and 2,576 square metres (27,732 square feet) of retail /office /restaurant floor space on the west portion. The amendment is to take place in two phases with the hotel being built first, followed by the commercial floor space. Details are shown on Schedule 2. The land is currently designated Residential in the Official Plan and zoned a site specific Residential Low Density, Grouped Multiple Dwelling (R4 -352) zone. Special Provision 352 permits the development of 80 townhouse units. The applicant proposes to change the Official Plan designation to Minor Commercial. A corresponding zone change to two site specific General Commercial (GC) zones also has been requested to permit the easterly portion of the land to be developed for a hotel only without a restaurant and to increase its building height from 12 metres (40 feet) to 16 metres (53 feet). A separate GC zone is requested for the west portion of the land to permit the retail/offices/restaurant development. Surrounding Land Uses Lands to the north are primarily residential. Some properties are also vacant. To the east are tourist commercial vacant lands. Single detached dwellings of the Drummond Park Village subdivision are found to the east and south of the site. Commercial land uses are located to the west. Circulation Comments Information regarding the application was circulated to City departments, government agencies and the public for comment. Municipal Works Transportation Planning Traffic signal warrants for the intersection of McLeod Road and Alex Avenue are not yet 50% fulfilled. The Region is in the process of preparing Terms of Reference for a study of McLeod Road from Stanley Avenue to the QEW to determine short and long -term improvements. The applicant is required to complete their own traffic impact study to be incorporated in the Region's study as a condition of site plan approval. The study is to determine impacts on the surrounding road system and recommend mitigation. Staff will discuss the details of the scope and study area with the applicant's consultant. Infrastructure A 1.0 foot reserve exists along Alex Avenue frontage. The reserve will have to be removed to permit access onto Alex Avenue. The applicant will have to pay for the construction of a sidewalk along McLeod Road, less previous contributions paid to the City. November 15, 2004 PD- 2004 -104 Parks, Recreation Culture No objections Fire Services No objections Planning Analysis 1. Requests to amend the Official Han are to be assessed on several criteria. (a) The Conformity of the Proposal to the General Objectives of the Plan The subject land is currently designated Residential in the Official Plan. Residential lands are to be predominantly used for the provision of housing of various types. There is also to be a sufficient supply of Residential land to accommodate the anticipated population growth. The Housing Strategy of the Plan requires a minimum 10 -year supply of Residential land at all times and a three -year supply of lots be registered and/or draft approved plans in order to account for variations in housing demand. The 2003 Housing Monitoring Report states that the city has a 20 -year supply of raw residential land and a 5 -6 year supply of lots within registered and draft approved plans of subdivision. As such, the removal of the subject lands from the Residential land inventory will not adversely affect the land supply. Moreover, as virtually all of the lands on the north side of McLeod Road east of Drummond Road through to the Hydro corridor west of Stanley Avenue are zoned for multiple -unit residential development, the supply of land for multiple dwellings in the immediate area will not be significantly reduced. The applicant proposes to change the designation of the land to Minor Commercial. The retail/restaurant /office portion of the proposal will serve to extend the Drummond Road/McLeod Minor Commercial node geographically and will act as a link between the lands of the same designation to the east and west creating a larger, more significant node. This component will add to the range and number of commercial uses existing and may serve to improve its vitality. As the easterly portion is to be utilized for a hotel only, it is recommended that the request to redesignate the land Minor Commercial be modified to include a Special Policy Area notation that permits the hotel only. (b) Suitability of the Site for the Proposed Use especially in Relation to Other Sites or Areas of the City (e) The subject land is located on the southwest comer ofMcLeod Road and Alex Avenue. The applicant's solicitor has provided comments to the effect that the site is suitable for the proposed development because of its proximity to the Fallsview Casino and the Fallsview Tourist Subdistrict. The land is also suitable for residential development given its location at the northern periphery of the Drummond Park Village subdivision. The land's suitability for either commercial or residential uses is evidenced by the fact that the designation has changed between commercial and residential four times since the late 1970s. Compatibility of the Proposed Use with Adjacent Land Use Designations and Natural Resources As noted above, adjacent land uses are single detached houses to the south and commercial to the west. Lands north and east of the site are vacant or underutilized but are designated Residential and Minor Commercial, respectively. Land use compatibility issues arise with the juxtaposition of dissimilar uses. In this case, the most problematic interface will be with the abutting singles to the south and, to a lesser extent, the future residential developments November 15, 2004 4 PD- 2004 -104 opposite on McLeod Road. A previous application (file no. AM 36/2002) proposed a 250 unit hotel complex which met with significant resident opposition. This application was denied by Council due to concerns expressed with respect to traffic impacts, building height and setbacks, noise, lighting and odour (the latter from garbage). According to the applicant's architect the current proposal has been discussed with the abutting residential property owners. Staff have been advised that the site plan shown on Schedule 2 has been designed to address the resident's concerns. Landscaping has been provided along the south property line to a depth of 8.8 metres (29 feet) to 11 metres (36 feet) to protect the residential area. As well, the retail plaza has been set back 19 metres (63 feet) and the hotel 45 metres (148 feet) from the south property line to separate commercial from residential land use. In order to address concerns respecting building height, the Special Policy Area designation has been introduced to specifically limit the hotel to four storeys. If there is a proposal for any further increase in height, an Official Plan amendment would be required. With respect to traffic concerns, a traffic impact study is required to be undertaken by the applicant to determine the impact on surrounding roads. This will include a determination of the need for turning lanes, traffic signals and the location of driveway access. (d) The Need and Market Feasibility of the Proposed Use The request to change the designation of the subject land to Minor Commercial represents an expansion to the McLeod/Drummond Minor Commercial node. The Official Plan does not contemplate any expansions to existing districts. When requests are made to expand a district, the applicant has to provide a market analysis to illustrate that there is sufficient need for the proposed development. Market studies are not required for hotels. As the applicant has not provided a market analysis for the retail/restaurant/office phase of the development, a holding (H) provision is being recommended to be attached to the zoning which will be lifted once a satisfactory market study has been submitted. (e) The Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation System, Community Facilities and the Natural Environment Comments received from Municipal Works state that a traffic impact study will be required as a condition of site plan approval. This study is to assess the impact of the development on the surrounding road network. A sidewalk will also have to be extended along the McLeod Road frontage at the cost of the applicant less anything that has been previously contributed. The subject land is extensively treed. As part of the site plan approval, the applicant should have a landscape architect or arborist undertake a complete inventory of the existing trees. The site design should then be manipulated in order to save significant trees. 2. The proposed amendments are appropriate. Based on the above, the proposed Official Plan amendment (OPA) is appropriate. The OPA will change the designation to Minor Commercial with a special exception to limit the use of the easterly portion of the land to a hotel and to permit a maximum building height of four storeys. The Special Policy Area will also require the submission of a market analysis prior to the removal of a holding (H) provision. In this manner, the development of the land will be controlled. November 15, 2004 PD- 2004 -104 There are to be two General Commercial (GC) zones applied to the land. The easterly portion will only permit a four storey, 138 -room hotel, consistent with the OPA Special Policy Area. The westerly portion of the land will have a holding (H) provision attached to the requested GC zoning allowing the retail /restaurant/office development to proceed after submission of a satisfactory market analysis has been submitted. Both the GC zones will also contain site specific regulations respecting landscaping and lot coverage. 3. Site Plan control will address specific site design issues. As noted above, there are site design issues relating to building mass, landscaping and traffic impacts, that will have to be addressed during site plan approval. Also, site plan approval will address lighting, servicing, fire access and garbage storage location. CONCLUSION: Based on the foregoing, staff can recommend approval of amendments to the Official Plan and Zoning By -law to permit the development of a four storey, 138 -room hotel and 2,576 square metres (27,732 square feet) of retail/restaurant/office space on the subject land because: the proposal is in conformity with the general objectives of the Official Plan; the site is suitable for the proposed development; the site has been designed to address compatibility issues with respect to adjacent residential lands and site plan control will further address issues respecting building mass, landscaping, lighting and other design matters; the concerns of neighbour's have purportedly been incorporated into the design of the proposal; and the proposed amendments are appropriate. Recommended by: espectfully submitted: Doug Darbyson Director of Planning Development JB:pb S:V'DR\2004\PD2004 -104, AM- 42 -04, McLeod Rd Alex Ave, TAGC.wpd Approved by: T. Ravenda Executive Director of Corporate Services John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP F I 111111111111uimpo j 111111111wa IIIIIIIIIIIIIIIII a 1 Location: Applicant: IC: GIS_ Requeslsk?004\Sdredules\ZoningAMW M- 77 \mapping.apr Amending Zoning By -law No. 79 -200 SW Corner of McLeod Alex Avenue TAGC Holdings AM- 42/2004 s I:NTS September 2004 r ONTARIO ASSOCIATION FOR MARRIAGE AND FAMILY THE Your Worship Mayor Ted Salci The City of Niagara Falls, City Hall P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Ted Salci, (A Division of the American Association for Marriage and Family Therap Yours sincerely, Pam Santon, MSW, RSW, RMFT President DEC 3 20044 na t nR December 17, 2004 I am writing to request a proclamation for "Marriage Checkup Week" on February 14 -18, 2005. During that week our association is conducting a public awareness campaign to promote healthy marriages through annual checkups. Marriage checkups are designed to strengthen and protect marriages by helping couples of all ages and descriptions examine their relationships on a regular basis. We would like annual marriage checkups to become as routine as annual medical checkups. We know you will agree that healthy marriages and healthy families are the lifeblood of the community. During Valentine's week members of our non profit association will offer free one -hour marriage checkups to the public as a community service. The marriage checkup helps identify the unique strengths as well as the potential trouble spots in a relationship. Couples sit down with a trained Marriage and Family Therapist who can help prevent small problems from becoming more serious ones. It is our association's way of saying "Happy Valentine's Day" to Niagara Falls. Our publicity materials will feature a cross section of couples, young, old, same -sex, and members of diverse cultural and racial groups. Niagara Falls is the home of many rich traditions and varied communities. Our aim is to promote healthy marriages and prevent the painful breakdown of marriages across the board. We ask that you support our public awareness campaign again this year by issuing a proclamation that February 14 -18, 2005, is "Marriage Checkup Week Thank you for your kind consideration of our request. The proclamation may be sent directly to our web master, John Lemme at 1093 Wildwood Dr. Newmarket, ON L3Y 2B6 i i',Nt JAN 3 1 2005 Post Office Box 50055 660 Eglinton Ave. E. Toronto Ontario M4G 4G1 1- 800 267 -2638 www.oamft.on.ca Niagara of Falls Niagara s Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2005 -02 Borrowing By -Law RECOMMENDATION: That the City Council approve: (i) the borrowing of up to a maximum sum of $23,000,000 for current expenditures; (ii) the borrowing of up to a maximum sum of $17,500,000 for the acquisition of the CNCP Railway Condor; and (iii) the borrowing of up to a maximum sum of $15,000,000 for the purposes of paying the City's share for construction of the Community Centre. that staff come back with an updated report on the cost to date on the community centre. BACKGROUND: Borrowing for Current Expenditures Corporate Services Department F- 2005 -02 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 January 31, 2005 Kenneth E. Burden Director The Municipal Act makes provision for the Council to authorize the Mayor and Treasurer to borrow from time to time such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year. The City of Niagara Falls may be required to borrow, from time to time, a sum or sums not exceeding in the aggregate $23,000,000.00. These temporary borrowings are necessary to pay for obligations prior to the collection of taxes. Staff recommends Council approve the borrowing of a sum or sums not exceeding in the aggregate $23,000,000.00. This amount is the limit established originally in 1993. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development January 31, 2005 F- 2005 -02 Borrowing for Acquisition of the CNCP Railway Corridor On November 5, 2001, City Council approved Report F- 2001 -65 and enacted borrowing by -law No. 2001 -234 that specifically refers to the acquisition of the CNCP Railway Corridor. Staff advises that the 2005 borrowing by -law should include the temporary borrowing for the railway acquisition. Borrowing for the Community Centre On January 12, 2004, City Council approved Report F- 2004 -02 and enacted borrowing by -law number 2004 -023 that specifically refers to the City's share for the construction of the Community Centre. Staff advises that the 2005 borrowing by -law should include the temporary borrowing for the Community Centre. Summary Staff has prepared the borrowing by -law and it is included in the by -law agenda. This by -law is ready for approval given the Council's approval of the recommendation in this report. Recommended by: Respectfully submitted: K.E. Burden Director of Finance V Chief Administrative Officer Approved by: T. Ravenda Executive Director of Corporate Services ty4# John MacDonald The City of Niagara Fad( Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department F 2005 03 Tel.: (905) 356 -7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca January 31, 2005 Re: F- 2005 -03 Sewer Consumption Rate Credit RECOMMENDATION: Kenneth E. Burden Director For the information of Council. That staff meet with the businesses with delinquent taxes to encourage them to apply BACKGROUND: the sewer credit towards their taxes; and that the Region be requested to cover the administration cost of the rebate.** On November 15, 2004, Council passed a motion "t the sewer refund be g to the users in a credit and in the quickest manner possible Since that time, Staff has examined the necessary process to fulfill Council's motion. Staff has also been working with Niagara Falls Hydro, the City's billing agent for water and sewer services, to determine the necessary changes in billing systems. Staff at both the City and Niagara Falls Hydro have received numerous inquiries regarding the status of this matter. Several inquiries have come from individuals who were previously residents of Niagara Falls and are desirous to ensure that any refund would be received. Council's motion to credit ratepayers with the regional sewer refund, as soon as possible, directs Staff to do the following: 1. Request Niagara Falls Hydro to change their billing software to accommodate the calculation and inclusion of a credit for sewer consumption based on the quantity of water used during a billing period. 2. Implement the credit as of a certain future date (to be determined as soon as the billing software change is ready). 3. Contact the Region of Niagara for the receipt of the sewer consumption refund. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 31, 2005 F- 2005 -03 4. Use the sewer consumption refund from the Region to pay for all credits awarded until the refund is used up. Staff has determined that this method minimizes costs and satisfies the motion of Council. Even so, this method will not provide refunds to ratepayers who had previously closed their water /sewer account. Recommended by: K. E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: AI "41 John MacDonald Chief Administrative Officer The City of Nlagara Fall Canad j Members: Corporate Services Department F- 2005 -04 Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.nlagarafalls.on.ca Tel.: Fax: E -mail: His Worship Mayor Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: (905) 356-7521 (905) 356 -2016 k b u rden@city. nlagarafa I Is. on.ca January 31, 2005 Re: F- 2005 -04 Niagara Falis Art Gallery 8058 Oakwood Drive Roll No. 2725- 110 -002 -09200 Kenneth E. Burden Director For the decision of Council That the request by the Niagara Falis Art Gallery for a grant to pay off the back taxes BACKGROUND: be denied. The following report provides an overview on the property taxes owing on the above -noted property by the Niagara Falls Art Gallery. A deputation by the Art Gallery's Board of Directors took place at the December 6, 2004 Council Meeting. The Niagara Falls Art Gallery has been in existence since 1970, first as a commercially owned Gallery and, as of 1980, the Gallery was officially incorporated as a not for -profit charitable organization. The property had been owned by Olha Kolankiwsky and upon her death in 1990 was transferred to her estate. In the years up to 1991, the Niagara Falls Art Gallery received a grant from the City for the property taxes. In 1991, this grant was discontinued and has never been reestablished. From 1995 -1997, the property was classified residential. However, starting in 1998 and continuing to present, the property has been classified by MPAC as a taxable commercial property with a taxable residential portion. During the years 1990 -1995, the property taxes were paid. In 1996, payments ceased. Our records indicate that the property taxes ceased due to a legal dispute involving the Niagara Falls Art Gallery and other parties contesting the estate. In 1999, the City deferred registration of the property for Tax Sale at the request of the Solicitor for the Niagara Falls Art Gallery as it was indicated resolution of the legal dispute was forthcoming. In 2001, seeing no resolution to the legal dispute, City staff registered the property for Tax Sale. In September 2001, Staff provided Council with information on the status of this property, the actions taken by Staff, and advised that a Tax Sale would follow the resolution of the legal dispute over the estate. All through this process, the City has indicated to all parties that the payment of all property taxes would be required. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 31, 2005 In July 2004, the estate was finalized and assets distributed. The Niagara Falls Art Gallery received title to the building and to the Kurelek Collection. This collection consisted of over 400 works of art, including William Kurelek's 160 pieces of the Passion of Christ, as well as several local, national and international works of art and ancient sculptures were transferred. No money was transferred to the Art Gallery from the Estate. Unfortunately, the tax arrears were not paid as part of this finalization. As a result, the Niagara Falls Art Gallery received Title to the building and the tax arrears as well. The original assessed value of the property was $1,183,000.00 (Commercial $993,000; Residential $190,000). In 2004, the Art Gallery appealed this valuation and have had the values reduced to a total of $483,000 ($405,000 commercial and $78,000 residential). As of January 11, 2005, the tax balance owing is $219,248 composed of the following: At City Council on Monday, December 6, 2004, The President of the Niagara Falls Art Gallery Board made a presentation to Council to provide a grant to the group for the balance of the tax arrears. The Municipal Act, 2001 provides that Council can provide grants to organizations working in the community's interest. Any funds granted would be paid from the tax rate stabilization reserve. As the tax arrears on this payment contain amounts related to education and regional taxes, any grants should not cover taxes due to other levels of government. Also, as the tax arrears contain a residential class assessment, any grants should not cover the residential tax amounts. Currently, the City is ready to proceed with a sale of the property for the tax arrears. Should the tax sale be unsuccessful, the City would be able to write off the taxes owing and assume title to the property. However, until such time that the City completes a tax sale, the taxes in arrears cannot be written off by virtue of s.354(3) of The Municipal Act, 2001. Prepared by: Todd Harrison Manager of Finance Recommended by: Ken Burden Approved by: T. Ravenda Executive Director of Corporate Services Respectful o John MacDonald Director of Finance Chief Administrative Officer F- 2005 -04 Residential Commercial Total City $11,773 $23,018 $34,791 Region 8,689 28,944 37,633 Education 15,303 46,964 62,267 Interest/Penalty 38,483 46,074 84,557 TOTALS $74,248 $145,000 $219,248 January 31, 2005 In July 2004, the estate was finalized and assets distributed. The Niagara Falls Art Gallery received title to the building and to the Kurelek Collection. This collection consisted of over 400 works of art, including William Kurelek's 160 pieces of the Passion of Christ, as well as several local, national and international works of art and ancient sculptures were transferred. No money was transferred to the Art Gallery from the Estate. Unfortunately, the tax arrears were not paid as part of this finalization. As a result, the Niagara Falls Art Gallery received Title to the building and the tax arrears as well. The original assessed value of the property was $1,183,000.00 (Commercial $993,000; Residential $190,000). In 2004, the Art Gallery appealed this valuation and have had the values reduced to a total of $483,000 ($405,000 commercial and $78,000 residential). As of January 11, 2005, the tax balance owing is $219,248 composed of the following: At City Council on Monday, December 6, 2004, The President of the Niagara Falls Art Gallery Board made a presentation to Council to provide a grant to the group for the balance of the tax arrears. The Municipal Act, 2001 provides that Council can provide grants to organizations working in the community's interest. Any funds granted would be paid from the tax rate stabilization reserve. As the tax arrears on this payment contain amounts related to education and regional taxes, any grants should not cover taxes due to other levels of government. Also, as the tax arrears contain a residential class assessment, any grants should not cover the residential tax amounts. Currently, the City is ready to proceed with a sale of the property for the tax arrears. Should the tax sale be unsuccessful, the City would be able to write off the taxes owing and assume title to the property. However, until such time that the City completes a tax sale, the taxes in arrears cannot be written off by virtue of s.354(3) of The Municipal Act, 2001. Prepared by: Todd Harrison Manager of Finance Recommended by: Ken Burden Approved by: T. Ravenda Executive Director of Corporate Services Respectful o John MacDonald Director of Finance Chief Administrative Officer F- 2005 -04 Community Services Department Parks, Recreation Culture Inter Department Memorandum The City of Niagara Fall Canada TO: Mayor Ted Salci DATE: January 20, 2005 and Members of Council FROM: Adele Kon Director of Parks, Recreation Culture Ext. 4507 RE: Niagara Falls Art Gallery Community Service Implication The Niagara Falls Art Gallery has been in existence since 1970, first as a commercially owned Gallery and as of 1980 the Gallery was officially incorporated as a not for profit charitable organization. Olha Kolankiwsky ,owner of the Gallery, died in 1990 and the Gallery's assets were transferred to her estate. For several years the Art Gallery received a grant from the City. However in 1991 the grant was cancelled, on the advisement of the City Council's Representative, in an attempt to force the Olha Kolankiwsky Estate to transfer its assets of approximately $4 million to the Art Gallery. Unfortunately, the grant cancellation had no effect on the Estate. To add to the circumstances, the grant was not reinstated and suggestions to place the annual grant money into a reserve fund was not acted upon. Over the years the Art Gallery was told by Council and Staff to wait until the Estate was settled before applying for City assistance. In 1996 the Estate failed to reimburse the Art Gallery for the taxes and building maintenance costs for the previous year. At this time the Ontario Ministry of the Attorney General Office of the Public Guardian and Trustee directed the Art Gallery to stop paying property taxes, stating that "a charity's financial resources cannot be used for profit by an individual." In July 2004, the Estate was settled and the Kolankiwsky Bequest, estimated to be more than $4 million in artwork, was transferred to the Art Gallery. More than 400 works of art include William Kurelek's 160 pieces of the Passion of Christ as well several local, national and international works of art and ancient sculptures. No money was transferred to the Art Gallery from the Estate. The legal agreement binding the Kolankiwsky Estate states that, if the Niagara Falls Art Gallery property is sold, the $4 million Bequest will be transferred to the St. Vladimir Institution in Toronto. If this happens, Niagara Falls will not only lose a substantial cultural asset but a major art institution which provides a significant service to our community. S: \Council \Memo re NF Art Gallery.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Community Services Department Parks, Recreation Culture Cemeteries Section Inter Department Memorandum TO: Mayor Ted Salci and Members of Council DATE: November 8, 2004 FROM: Adele Kon, Director Parks, Recreation Culture Ext. 4507 RE: Niagara Falls Art Gallery Support The Arts Culture Committee met on Thursday, October 28, 2004, for their regular monthly meeting. Brian Smylski of the Niagara Falls Art Gallery provided a deputation by giving the Committee a brief history of the Art Gallery. The following Motion was made: IT WAS MOVED by Winston Heron, seconded by Barb Buetter that a letter be forwarded to Council advising that the Arts Culture Committee support the continuance of the present Niagara Falls Art Gallery facility and that Council consider continuing support for the facility. The Motion was Carried with three Abstentions. C: \Documents and Settings \Administrator\Local Settings Temp \Nov.04 memo to Council re NF Art Gallery.wpd The City of Niagara Falls Mrs. Philomena McCracken 6692 Dunn Street Niagara Falls, ON L2G 2R1 Dear Mrs. McCracken: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: akon @city.niagarafalls.on.ca AK/das cc: Mayor Ted Salci and Members of Council S:Weritage Armoury \Ad Hoc Committee \Correspondence \letter McCracken.wpd January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. Yours tru A. ele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 8, 2005 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council: As a person involved in the arts community, I believe that the City of Niagara Falls should support the Niagara Falls Art Gallery's request for assistance to alleviate its back taxes and that the Art Gallery should receive an annual operating grant. I support the concept of an Arts Exhibition Centre as proposed by the Niagara Falls Art Gallery. The Niagara Falls Armoury would be excellent building to house an Arts Centre and would provide our community with an outstanding arts and culture asset. Sincerely, Philomena McCracken 6692 Dunn St Niagara Falls ON L2G 2R1 MIAG. FALLS CLERKS 05 0113 0K4 CEWE JAN 1 3 2995 D P,IRKS, RECREATION Ar Inn WE, The City of Niagara Falls Canad Mrs. Barbara M. Buetter 4974 Valley Way Niagara Falls, ON L2E 1W7 Dear Mrs. Buetter: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: akon @city.niagarafalls.on.ca January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S: \Heritage\Armoury \Ad Hoc Committee \Correspondence\letter Buetter.wpd Yours trul d le Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 5, 2005 Barbara M. Buetter 4974 Valley Way Niagara Falls, ON L2E IW7 (905) 357 7831 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Your Worship and Members of Council: As a resident of Niagara Falls, I support the Niagara Falls Art Gallery's grant request to alleviate the back taxes on its Oakwood Drive facility. I also support the Art Gallery's efforts to create a Community Arts and Exhibition Centre in the Niagara Falls Armoury. Now is the time for the City of Niagara Falls to make a commitment to arts and culture by supporting our only professional not for profit arts organization and by creating a first class arts facility. Yours Truly, Barbara M. Buetter NI PG. FALLS CLERKS /OS 0113 09:34 iciECEOVE JAN 1 3 2005 PARKS, RECREATION CV1:TVRE The City of Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director lagara Falls Niagara Falls, ON L2H 1G9 1:anad� web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca Ms. Sarah Campbell 104 -4615 Portage Road Niagara Falls, ON L2E 6A9 Dear Ms. Campbell: Community Services Department January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S:\Heritage\Armoury \Ad Hoc Committee \Correspondence\Ietter Campbell.wpd Yours Ad le Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 NIRO. FALL'S CLERKS '05 0113 0I9:35 lECC OVE JAN 1 3 2005 PARKS, RECREATION CI I TERE Januar 4, 2005 Dear Mayor Salci Members of Council, The Niagara Falls Art Gallery has become an important arts institution without an help from the City of Niagara Falls. It is now time for the City to step -up and support the Gallery by giving a grant it should have given years ago and by helping the Art Gallery to create an Arts Centre in the Armoury. Sincerely Yours, #/b 1/40i5 /Vcr ai ,C/ /s, e0 LUc (dl c7 The City of liagara Falls Canada Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca Ms. Donna Hall 7924 Post Road Niagara Falls, ON L2H 2W5 Dear Ms. Hall: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S:\Heritage\Amwury \Ad Hoc Committee \Correspondencekletter Hall.wpd Yours tru Adele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Donna Hall 7924 Post Rd., Niagara Falls, ON L2H 2W5 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear May Salci and Members of Council: AIAG. FALLS CLERKS 'O5 0112. 0'3;35 I can't believe I have to write a letter to try to persuade City Council to support a community organization that serves people who live in Niagara Falls. The Art Gallery does just that. Even more importantly, it serves our children. So, I am writing to ask you to support our children by finally giving the Art Gallery the grant it has asked for to keep the Children's Museum building and to give the Art Gallery a new home in the Armoury. A concerned taxpayer, AR1CS, RECRIC ATiON CULIIIKKE January4, 2005 1J The City of iagara Falls Canada a Ms. Sarah Theobald 8499 Bell Crescent Niagara Falls, ON L2G 6V5 Dear Ms. Theobald: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E mail: akon @city.niagarafalls.on.ca January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S:\HerilageWrmoury \Ad Hoc Committee\Correspondence\letter Theobald.wpd Yours trul Ade e Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 5, 2005 Sarah Theob41 8499 Bell Crescent, Niagara Falls, ON L2G 6V5 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council: I feel that it is important for us, as a community, to lend our support in a number of ways to the Niagara Falls Art Gallery and Niagara Children's Museum. These facilities provide not only cultural stimulus to our community but also support our educational efforts in the arts. I wholeheartedly support the Art Gallery and Museum's efforts to acquire the Armoury as a location to move the Art Gallery, which would provide space for the Children's Museum to expand in their present site on Oakwood Drive. In addition, I feel that in order to sustain theses valuable resources in our community we MUST provide funds for the Gallery to eliminate the back taxes which are hindering their growth. Niagara Falls city council needs to demonstrate to the community that they are also interested in the residents who live here and not only in the tourists who come to the city and play at the casinos. Please support the Niagara Falls Art Gallery and Children's Museum for all of us who live here. Thank you,1 HICC. FALLS CLERKS '05 011:7109f. 5 ECEIIV' 'A.144 13 2 0.05 PARKS, RECSE,cTJO CUL3';!JW: The City of ad Niagara Fall Cana Ms. Amanda Miller 3878 Orlando Drive Niagara Falls, ON L2J 4B7 Dear Ms. Miller: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L21-I 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: akon ©city.niagarafalls.on.ca January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to' Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S:\Heritage\ArmouryWd Hoc Committee \Correspondencekletter Miller.wpd Yours tru Adele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Amanda Miller 3878 Orlando Dr. Niagara Falls Ontario. L2J 4B7 Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci Members of Council: NIHG. FNLLS CLERK3'05 011R 09:24 Thank you for your consideration, January 4, 2005 9 EC EIIV n )AN 1 3 2005 r PA RKS RECRI ggn Cli TuRE As a resident, I am asking the City of Niagara Falls to provide the necessary funding for the Niagara Falls Art Gallery to provide art services for our children. The Niagara Children's Museum is located conveniently off the Q.E.W. and is quickly accessible to all areas of the city. It would be a shame to lose such an important service because my City isn't willing to support such an important asset. The Niagara Falls Art Gallery needs more room to operate and the Armoury would make an excellent Arts Centre. Why not turn an instrument of war into a building that serves arts and culture? <��t,, The City of `liagara Falls C:anac i Mr. Douglas Rapley 4974 Valley Way Niagara Falls, ON L2E 1W7 Dear Mr. Rapley: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E -mail: akon @city.niagarafalls.on.ca January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S:\HeritageWmtoury \Ad Hoc Committee \CorrespondenceMetter Rapley.wpd Yours tru Adele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 5, 2005 Douglas W. Rapley 4974 Valley Way Niagara Falls, ON L2E 1W7 (905) 357 7831 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Your Worship and Members of Council: HMG. FALLS CLERKS' 05 0110 1 l 4 5 EC E D V E r JAN 1 i, 2005 PARKS, RECREATION CULTURE Why is it that Niagara Falls doesn't have the foresight to support and provide its own community with a cultural centre? It is with this in mind that I am writing to support the request, by the Niagara Falls Art Gallery, that the City of Niagara Falls provide a grant to alleviate the back taxes on the Art Gallery's Oakwood Drive facility. I also support the concept of a Community Arts and Exhibition Centre in the Niagara Falls Armoury. In addition it would be wonderful to be able to separate the Niagara Children's Museum from the Art Gallery and consider leaving the Children's Museum at the Oakwood Drive site while relocating the Art Gallery to a new site like the Armoury in order to extend our cultural base. I urge you, Mayor Salci and Council Members, to strongly consider the value of this cultural highlight in our city, and offer them the support they seek. Sincerely, eo Douglas W. Rapley The City of iagara Falls Canada Ms. Bonnie Chalmers 5906 Main Street, Apt. #1 Niagara Falls, ON L2G 5Z8 Dear Ms. Chalmers: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-7404 E mail: akon @city.niagarafalls.on.ca The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S: \Heritage\Armoury \Ad Hoc Committee \CorrespondenceMetter Chalmers.wpd January 17, 2005 Adele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 4, 2005 Bonnie Chalmers 5906 Main St. Apt. #1 Niagara Falls, ON L2G 5Z8 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council: Services for our children and families are important. Without groups like the Niagara Falls Art Gallery and the Niagara Children's Museum, our city would be lacking in needed arts and culture activities to enrich the lives of the people who live here. The City of Niagara Falls supports sports groups. Why does it not provide the same level of support for its family centered Art Gallery and Children's Museum I ask that the City of Niagara Falls support its children and families by providing the Niagara Falls Art Gallery with the funds to keep the building for its Children's Museum and provide the Armoury for a Community Arts Exhibition Centre. A supporter of the arts, NIgc. FRLL CLERKS 05 0117, 09(35 E C E A V E JAN 1 3 2005 D PARKS, RECREATION Cl The City of iagara Falls ..anada Ms. Marilyn Mihelic 8151 Costable Drive Niagara Falls, ON L2H 3L2 Dear Ms. Mihelic: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: akon @city.niagarafalls.on.ca January 17, 2005 The purpose of my letter is to advise you that your letter will appear as a communication on the Council agenda that deals with the realty taxes owing on the Niagara Falls Art Gallery and Children's Museum. A copy of your letter will also be forwarded to the Armoury Ad Hoc Committee that was established by City Council to review the various proposals for the building and to ultimately make a recommendation to Council on a proposed use. Thank you for taking the time to share your opinion on this important matter. AK/das cc: Mayor Ted Salci and Members of Council S: \HeritageVvmoury \Ad Hoc Committee \Correspondence \etter Mihelic.wpd Yours tru Adele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services January 7, 2005 Marilyn Mihelic 8151 Costabile Dr. Niagara Falls, ON L2H 3L2 Mayor Ted Salci Members of Council C/O Office of the City Clerk City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci Members of Council, NIAG. FALLS CLERKS 011:3(y3(34 ECEIIVE JAN 1 3 2005 PARKS, RECREATION CULTURE I think that the Art Gallery should have the Armoury so that we can expand the cultural sector of Niagara Falls beyond the tourist focus of the downtown area and also. The Art Gallery of Children's Museum provide an important service to the children of the city and to be able to separate the two locations will build up a cultural community. The Children's Museum location is well established at the Oakwood Drive site, however the Art Gallery needs a new location as the Oakwood Drive site is a terrible location for art. In order to accomplish these changes the Gallery needs the City to grant it the back taxes that are owed to facilitate these changes. Thank you for this consideration. S Niagara City aof s Niagara Falls Canada Ms. Hilda Corkum 6136 Carlton Avenue Niagara Falls, ON L2G 5J9 Dear Ms. Corkum: Community Services Department Parks, Recreation Culture Adele Kon 7565 Lundy's Lane Director Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 7521 Fax: (905) 356-7404 E -mail: akon @city.niagarafalls.on.ca January 12, 2005 The purpose of my letter is to advise you that Council has appointed three Aldermen to serve on an Armoury Ad Hoc Committee. The Ad Hoc Committee will review all of the various community proposals for the use of the Armoury and ultimately make a recommendation to City Council on a proposed use. Your letter of support for a Community Arts and Exhibition Centre will be referred to the Ad Hoc Committee. Thank you for taking the time to express your opinion on the matter. AK/das cc: Mayor Salci and Members of City Council S:\Heritage\Armoury\Ad Hoc Committee \Correspondence letter Corkum Jan 05.wpd Adele Kon Director of Parks, Recreation Culture Ext. 4507 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Niagara District Art Association Hilda Corkum 6136 Carlton Avenue Niagara Falls, Ontario L2G 5J9 Telephone (905) 356 -4880 December 8, 2004 Mayor Ted Salci and Councillors City Hall 4310 Queen Street Niagara Falls, Ontario Dear Mayor Salci, I am writing on behalf of the artists in our area. I believe it is a fact that you will be closing the art gallery and workshop in the Recreation Building on the corner of Lundy's Lane and Montrose Road. It has served the creative artists and other members of our community for some time. Niagara District Art Association received a grant to install a sink and make it a decent place to paint, help budding artists and show our art. We hope to be able to have a space to work and show our work in the Armoury Building, which is being renovated, we understand. We are a non -profit organization so we can't afford to pay for any premises at the present time, but feel more tourists will be able to view our work in the Armoury location. We would like a space to work by ourselves but could show in the galleries on the first or second floor. John F. Kennedy once said, "We need artists to make the world more livable." Sincerely, Hilda Corkum NIHG. FALLS CLERKS '04 1213 10 ECE1V JAN a b 2005 PARKS, RECREATION CULTURE 3 Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci Members of Council, Why is the City of Niagara Falls willing to spend over $100,000 on the past by putting stone monuments on Lundy's Lane, but isn't willing to invest in its future by spending $200,000 on its children? Are stones more important than people? Are the dead more important than the living? Are tourists more important than residents even though it's our tax money your using. I would like my tax dol rs to support our future, that is our children, by using tax dollars to give a grant to the Art allery and Children's Museum to help them keep their building. I would also like my tax dollars to support a Community Arts Centre in the Armoury not something that is of little use to those of us who are paying for it. Please G t It Right!, Karen Sawada 6132 Collins Drive Niagara Falls, ON. L2G 2S2 DECEDVEn j JAN 1 9 2005 LU PARKS, RECREATION CULTURE January 4, 2005 January 5, 2005 Brenda New 8175 McLeod Rd #55 Niagara Falls, Ontario, L2H 3A5 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council: The Art Gallery needs your support! The work it performs in Niagara Falls is important and you should support their grant request to save the Children's Museum building. As for the Art Gallery, a new building like to Armoury could provide the Art Gallery with a venue to house it's extensive collection of Kurelek work as well and allow the public to see the newly acquired Niagara Collection in addition to providing more space for classes. It would be great to have more space for the art gallery to expand it's cultural program as well as attract tourists in an building that is closer to the main attractions. I strongly recommend that the city consider the request by the Niagara Falls Art Gallery in an attempt to enrich the cultural community of Niagara Falls. A supporter of the Arts, l&tzk-Otek- Amy Theobald 8499 Bell Cres. Niagara Falls, Ont. L2G 6V5 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 n ECIFINED JAN 1 9 2005 PARKS, R[CRF:4T(ON CULTURE January 9, 2005 Dear Mayor Salci and Members of Council: The City of Niagara Falls should provide more support for arts and culture. To begin with, give the Niagara Falls Art Gallery the grant it needs to eliminate its back taxes. And then, stop being indecisive about the Armoury and create a much needed Arts Centre that can showcase the best works of art that Niagara Falls has to offer. The Niagara Falls Art Gallery has a plan to provide such a facility. So, let's move our city into the second millennium in a way that we can be proud of and create a special place for the arts in Niagara Falls. January 6, 2005 Sam Burns 7772 Donlee Drive Niagara Falls, Ontario L2H 2N5 Mayor Ted Salci 86 Members of Council C/O Office of the City Clerk City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci 86 Members of Council, Why should the residents of Niagara Falls suffer without an arts centre? Look at smaller cities like Grimsby whose city supports their art gallery to the tune of over $100,000.00 per year and also recently provided an excel- lent new facility for their art gallery. Yet it seems to me that the City of Ni- agara Falls only supports sports, tourism and gambling? You and the members of council need to get off your asses and encourage some culture in Niagara Falls beyond Ripley's Believe It or Not or the House of Frankenstein. Take the initiative and prove to us, the residents of Niagara Falls, that the profits from tourism are being channeled back into our community for our benefit. Sam Burns pECEOVE JAN 1 9 2005 0 PARKS, RECfZt'a,i°I O C1,1111107 January 9, 2005 Karen Akalu 4156 St. Lawrence Ave. Niagara Falls, ON L2E 6X5 905- 357 -2932 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council: I consider arts culture an important part of life in any city. Niagara Falls lacks this and it is now time for our city council to take the lead and make it an important part of life. Lip service to arts and culture isn't enough for a city that, according to one of our aldermen, is "on the cusp of greatness Now, let's begin the process of becoming great by supporting our public art gallery with a grant for back taxes and a new home for a Community Arts Exhibition Centre that is located in the Niagara Falls Armoury. Yours Truly, s_ ')FECEIV JAN 19 2005 0 PAUkS, 12 EC: RpA"s"Iop CU..L 4_, W January 3, 2005 Eric Sloggett 7064 Valiant St. Niagara Falls, ON L2G 7J8 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Your Worship and Members of Council: Please provide the grant that the Niagara Falls Art Gallery requires to keep its building on Oakwood Drive and house the Children's Museum The Armoury would make an excellent Arts Center and would alleviate the overcrowded conditions on Oakwood Drive. Regards, liAt ECCEfivE JAN 1 9 2005 PARKS,. RECREATION k CULTURE January 3, 2005 Madeleine C. Jackson 6311 Orchard Ave. Niagara Falls, ON. L2G 4G9 His Worship Mayor Ted Salci Members of Council c/o Office of the City Clerk, City Hall, Niagara Falls, ON L2E 6X5 Your Worship and Members of Council: How many times do I have to drive to St. Catharines to find something that Niagara Falls does not have. If we lose our Art Gallery, because the City does not assist it financially, and it does not move into the Armoury, then, I'll just have one more reason to drive to St. Catharines. Maybe it is time the City of Niagara Falls to think about what services are available for the people who live here. Always Driving, JAN 1Vie D PARKS, RECREATION CULTURE The City of Niagara Fall Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2005 -05 Finance Kenneth E. Burden 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356 -7521 Fax: (905) 356-0759 E -mail: kburden @city.niagarafalls.on.ca. January 31, 2005 Re: F- 2005 -05 2005 Interim Tax Levy RECOMMENDATION: That Council approve the following: i) the 2005 Interim Tax Levy calculation; and ii) the passing of a by -law providing for a 2005 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 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: 1. 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. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 31, 2005 3. 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. Staff has 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 2004. Staff recommends that this is the most equitable method and, 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 28, 2005 and April 20, 2005. In 2004, these dates were February 27, 2004 and April 21, 2004. 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: 2 F- 2005 -05 The percentage used in the levy may be different for different classes but must be the same for all properties in a property class. Respectfully submitted: rtii0 on Todd W. Harrison John MacDonald Manager of Finance Chief Administrative Officer Recommended by: K.E. Burden Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department F- 2005 -06 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 31, 2005 Re: F 2005 06 Approval of Spending Limits Prior to the Approval of the 2005 Budget Estimates That, in the absence of an adopted 2005 Current Budget, City Council approve the following: Kenneth E. Burden Director 1. City departments be allowed to incur costs to a level of 50% of the departmental expenditure budget of the prior year. 2. New capital items deemed essential by a department be approved by City Council prior to purchase. 3. That this policy be communicated to all Commissions, Boards and Agencies, and that City contributions not exceed a monthly pro rata share of the prior year's support. The budget schedule provides for consideration of the 2005 Budget in February 2005. Expenditures without budget appropriations should not take place without the approval of City Council. The City, however, is an ongoing entity and must, of necessity, incur costs. To allow for these expenditures, the Municipal Act 2001 (Section 317) authorizes Council to pass an interim levy by -law before the adoption of the estimates for the year. Since consideration of the 2005 budget is anticipated in February, most departments, boards and agencies should be able to operate with an interim spending approval of approximately 50% of the 2004 budget. If Council approval of the budget is not achieved by the end of February, a further report with an amended interim spending authority will be submitted. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development January 31, 2005 The purchase of items designated as new capital are to be excluded from the above proposal inasmuch as their purchase should specifically be approved by the respective Committee, Board or Agency. Such purchases prior to the adoption of the annual estimates will also require the approval of City Council. Recommended by: Respectfully submitted: /races, K.E. Burden /John MacDonald Director of Finance Approved by: T. Ravenda Executive Director of Corporate Services 2 F- 2005 -06 Gn Chief Administrative Officer The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -05 Legal Services 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) 371-2892 E -mail: rkallio @city.niagarafalls.on.ca January 31, 2005 Re: L- 2005 -05 Navy League of Canada and The Corporation of the City of Niagara Falls Lease Agreement Our File No. 2002 -518 Ray Kallio City Solicitor That the City enter into a Lease Agreement with Navy League of Canada (Ontario Division) "Navy League which Lease is attached hereto as Schedule "A for the lands and premises municipally known as 5616 Leonard Avenue, Niagara Falls "Demised Premises Niagara Falls Hydro Electric Commission entered into a Lease Agreement with Navy League dated May 24, 1991, with respect to the Demised Premises "Original Lease By Transfer /Deed of Land the Demised Premises were transferred to the City on the 27' day of September, 2002. At that time, Navy League was advised of the transfer of the property to the City and the resulting assignment of the Original Lease to the City. The City proceeded to collect monthly rental payments from Navy League in the amount of $305.00. As the term of the Original Lease expired on May 31, 1996 and has been extended on a year to year basis, it is now in the best interest of the City to enter into a new Lease Agreement with Navy League. The Navy League has advised Staff that it is experiencing financial difficulties as a result of the restructuring of charity bingos and the increase in the cost of insurance, among other things, and as a result any increase in rent would only add to its existing financial burden. The Demised Premises require exterior repair, in that the overhead doors fronting both Leonard Avenue and Drummond Road have been boarded up with plywood and same should be replaced with materials consistent with the exterior of the building. It would seem prudent for the City to enter into Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 31, 2005 2 L- 2005 -05 a Lease Agreement for nominal annual rent, as is the case in other City -owned lands which are leased to non profit organizations, and request that the Navy League redirect its monies slated for rental payments to the undertaking of the repair to the exterior overhead doors as aforementioned and also for continued ongoing maintenance of both the interior and exterior of the building. The following are the particulars of the attached Lease Agreement: Term of five years commencing January 1, 2005 and ending December 31, 2009 Annual rent in the amount of $2.00 plus GST Navy League to pay all realty taxes and taxes, rates, charges and licence fees with respect to personal property, fixtures, business or income Navy League to pay all telephone charges Navy League to pay all heating and air conditioning charges and water rates and charges for gas and electricity Navy League to maintain the Demised Premises and keep same in a good state of repair Navy League to provide and maintain public liability and property damage insurance in the amount of Two Million Dollars ($2,000,000.00) Both Navy League and the City shall have the option to terminate the Lease upon 90 days written notice to the other Navy League agrees not to make any improvements or changes to the Demised Premises without the City's prior written consent It should be noted that the Navy League has applied to the Region for an exemption from the payment of realty taxes on the Demised Premises. They have agreed that should the Region decide against such an exemption, they will be responsible for the realty taxes as set out in the Lease Agreement. Prepared by: Sheila Moroc Exec. V 1 I': 1 1 11 Ra Kallio City Solicitor ROK/sm Attach. T. Nvenda o City Solicitor Executive Director of Corporate Services espectfully submitted: ,tin John MacDonald Chief Administrative Officer THIS INDENTURE made this 1' day of January, 2005. SCHEDULE I 1 IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990. BETWEEN: PREMISES, TERM AND RENTAL: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessor" and THE NAVY LEAGUE OF CANADA (ONTARIO DIVISION) Hereinafter referred to as the "Lessee" OF THE FIRST PART; OF THE SECOND PART. 1.01 WITNESSETH that in consideration of the rents, covenants, conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor doth demise and lease unto the Lessee those premises municipally known as 5616 Leonard Avenue, Niagara Falls, Ontario and which premises are hereinafter referred to as the "Demised Premises more particularly described in Schedule "A" attached hereto. 1.02 TO HAVE AND TO HOLD the Demised Premises for and during the term of five (5) years to be computed from the 1" day of January, 2005 and from thenceforth next ensuing and fully to be complete and ended on the 3P' day of December, 2009. 1.03 YIELDING AND PAYING therefor during the said term unto the Lessor, its successors and assigns without deduction or offset, the annual sum of TWO DOLLARS ($2.00), payable in advance on the Lease commencement day and on each anniversary of the Lease commencement day. LESSEE'S COVENANTS: 2.01 THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent. (b) To pay all taxes, rates, charges, licence fees and Goods and Services Tax (GST) which may be assessed or imposed on the Lessee in respect of the rents, personal property, fixtures, business or income of the Lessee. -2- (c) To pay all realty, municipal, school and local improvement taxes which may be assessed against the Demised Premises. (d) To pay for heating and air conditioning of the Demised Premises. (e) To pay water rates and charges for gas and electricity. (0 To pay for all telephone charges for the Demised Premises. (g) To keep the Demised Premises and every part thereof in a clean and tidy condition and not permit waste paper, garbage, ashes or waste or other objectionable material to accumulate thereon. (h) To use the Demised Premises for the purposes only of providing facilities for sea cadets and navy league cadets. (i) To keep all sidewalks located on the Demised Premises free from litter at all times and remove the snow from the parking area and walkways within the Demised Premises. (j) To maintain, keep and repair, at the standard of a reasonable owner, all of the Demised Premises and every part thereof. AND if the Lessee shall fail to make the necessary repairs in the manner hereinbefore described, after due notice, then it shall be lawful for the Lessor and its agents, servants and employees to enter the said Demised Premises and have the same repaired in a proper manner and to render a reasonable account for such repairs to the Lessee and the Lessor shall have the same remedies to enforce payment thereof as the Lessor has in respect of arrears of rent. (k) To abide by and comply with all lawful statutes, by -laws, rules and regulations of every parliamentary, municipal or other authority which in any manner relates to or affects the Demised Premises by reason of the tenancy of the Lessee; and to put the said premises in such state of repair as to comply with the said statutes, by -laws, rules and regulations and to indemnify and save harmless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put or suffer by reason of having to alter the said premises to conform with any such statute, by- laws, rules or regulations by reason of the tenancy of the Lessee. (1) (m) Not to erect signs on the premises without approval of the Lessor. To provide, maintain and keep in force for and during .the term, public liability and property damage insurance in the name of the Lessee in respect of the Demised Premises and the Lessee's operation thereon, with a limit of not less than TWO MILLION DOLLARS ($2,000,000.00) inclusive and to furnish to the Lessor a Certificate of said coverage in a form satisfactory to the City Solicitor; such policy to include the Lessor -3- as an additional insured. (n) The Lessee shall indemnify the Lessor against all fines, suits, claims, demands and actions of any kind to which the Lessor may become liable by reason of any breach, violation or non performance by the Lessee of any covenants, term or provision of this Lease or by reason of any injury occasioned to or suffered by any person or any property because of any wrongful act, neglect or default by the Lessee or any of its employees, servants or agents. 2.02 The Lessee shall not assign or sublet the whole or any portion of the Demised Premises without the consent of the Lessor in writing first had and obtained, which consent may be unreasonably withheld. Any assignment or subletting shall in no event relieve the Lessee from the responsibility of observing and performing the covenants herein contained including the payment of rent for the whole of the term of the within Lease. LESSOR'S COVENANTS: 3.01 THE LESSOR COVENANTS WITH THE LESSEE: (a) For quiet enjoyment. 4.01 And it shall be lawful for the Lessor or its agents at all reasonable times during the said term to enter the said Demised Premises to examine the condition thereof; and should the Lessor find that any repairs are necessary in accordance with the terms herein, the Lessor shall give written notice to the Lessee specifying the repairs required to be done, and the Lessee shall with reasonable promptitude after such notice well and sufficiently repair and make good accordingly, reasonable wear and tear and damage by fire, lighting and tempest only excepted. Should the Lessee however, refuse or neglect to make the repairs as aforesaid, the Lessee shall be liable to pay the cost thereof to the Lessor upon demand. If the Lessee shall default in any payment or expenditure other than rent required to be paid or expended by the Lessee under the terms hereof, the Lessor may at its option make such payment or expenditure and in such event the amount shall be payable by the Lessee to the Lessor on the next accruing rent day together with interest at the rate of 10% per annum from the date of such payment or expenditure by the Lessor and on default the Lessor shall have the same remedies as on default of payment of rent. 5.01 PROVISO FOR RE -ENTRY for non payment of rent and/or non performance of covenants, subject to the provisions of the Lease. (a) If the Lessee shall fail to pay an instalment of rent payable hereunder when due and shall allow such default to continue for five (5) days or shall fail to perform any of the covenants, conditions and agreements contained and shall allow any such default to continue for ten (10) days, then the Lessor may take possession of the Demised Premises herein described and this Lease Agreement shall be terminated. (b) In case suit shall be brought for recovery of possession of the leased -4- premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed, and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 6.01 Provided that the Lessee will not remove from the Demised Premises during the term of this Lease or any renewal thereof, fixtures or effects which are the property of the Lessee even though there is no rent in arrears, without the written consent of the Lessor. 7.01 Notwithstanding anything else herein contained, the Lessor and the Lessee shall have the option to terminate this Lease at any time, provided that the party wishing to terminate, gives the other at least ninety (90) days' prior written notice of its intention to exercise this right. On the termination date specified in such notice (the "Termination Date the Lessee shall deliver up vacant possession of the Demised Premises and this Lease will be fully and completely ended as of the Termination Date. 8.01 Upon the expiration of this Lease either by notice or by expiration of the term or for any cause, all improvements made and fixtures attached to the Demised Premises by or on behalf of the Lessee shall become the property of the Lessor, without payment of any consideration. 9.01 The Lessee agrees not to make any leasehold improvements or changes to the layout of the Demised Premises without first submitting the plans to the Lessor and obtaining the Lessor's written consent. 10.01 The Lessee agrees not to change the exterior colour of the building on the Demised Premises without first obtaining the Lessor's written consent to such colour change. 11.01 The Lessor makes no warranty respecting the presence of contaminants or toxic material on the property and assumes no liability with respect to the existence or absence of such materials. 12.01 The Lessee shall not permit the discharge of firearms containing projectiles on the Demised Premises. Any firing of blank ammunition or similar pyrotechnics shall be carried out in accordance with all applicable laws and regulations and in a safe manner. Use of airguns within the building as part of training and in a safe and approved manner at the sole risk of the Lessee shall be permitted. The Lessee shall ensure the safe storage of firearms, ammunition or any other dangerous thing or material brought onto the Demised Premises. 13.01 The Lessee acknowledges that the primary access to the Demised Premises is from Leonard Avenue. The Lessee shall also have access from Drummond Road, provided that such access is not prohibited by law. However, the Lessor does not warrant to the Lessee, nor in any way assure the Lessee, that access is available from Drummond Road. 14.01 The Lessee agrees that the within Lease constitutes the entire understanding between the parties hereto and that there are no representations or warranties, oral or otherwise, except as contained herein. The Lessee further agrees that it has inspected the Demised Premises prior to the commencement of this Lease and that by virtue of these presents accept the said premises in the condition that the same were in as of the commencement of this Lease. 15.01 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees of the Lessee while such person or property is in the building located on the Demised Premises, including (without limiting the foregoing) any damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow from any part of the said building or any adjacent or neighbouring lands or premises or from the water, steam or drainage pipes or plumbing works of the Demised Premises or from any other place or quarter unless such damage is caused by anything done or omitted to be done by any other tenant of the said building and unless such arise through the negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to indemnify the Lessor of and from all loss, costs, claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law responsible. 16.01 If the Lessee shall fail to perform any of the covenants or obligations of the Lessee under or in respect of this Lease, the Lessor may from time to time, in its discretion, perform or cause to be performed any of such covenants or obligations, or any part thereof, and for such purpose may do such things as may be requisite, including, without limiting the generality of the foregoing, the right to enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or necessary. The Lessee covenants that all expenses incurred and expenditures made by or on behalf of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand, such amounts may be collected as rent in arrears. 17.01 IT IS HEREBY AGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained maybe validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Lessor, to: Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 and if intended for the Lessee, to: Telephone: (905) 374 -6563 -5- The Corporation of the City of Niagara Falls Attention: Law Clerk 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 The Navy League of Canada (Ontario Division) c/o Mr. Terry Welch 7349 Green Boughs Road Niagara Falls, Ontario L2J 3Y8 -6- and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party, three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 18.01 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 19.01 Words importing the singular number only shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender and words importing persons shall include firms and corporations and vice versa. 20.01 Unless the context otherwise required, the word "Lessor" and the word "Lessee" whenever used herein shall be constructed to include and shall mean the successors and assigns of the Lessor and the successors and assigns of the Lessee. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk THE NAVY LEAGUE OF CANADA (ONTARIO DIVISION) Per: Name: C rr T Ts/✓ Title: 4/-66(1779 't1C- 19/4 JZCG Name: Title: SCHEDULE "A" Lt 24 E/S Leonard St P1 2 Stamford; Lt 25 E/S Leonard St PI 2 Stamford; Lt 32 W/S rdal in front of Twp Lt 125 and 131 P12 Stamford; Lt 33 W/S rdal in front of Twp Lt 125 and 131 PI 2 Stamford in the City of Niagara Falls, in the Regional Municipality of Niagara The City of Niagara Fall Cancich Members: Corporate Services Department L- 2005 -07 Legal Services 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) 371 -2892 E -mail: rkallio ©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: L- 2005 -07 Fidelity Bond Coverage Our File No. 2003 -354 January 31, 2005 RECOMMENDATION: For information of Council and compliance with requirements of the Municipal Act, 2001. BACKGROUND: The Municipal Act, 2001 requires that proof of the designated bonding be produced at a Council Meeting at least once each calendar year. Section 287 (1) of The Municipal Act, 2001 states as follows: 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. Ray Kallio City Solicitor A fidelity bond has been obtained as part of the City's Comprehensive Crime Insurance Policy from our insurers, Frank Cowan Company. The fidelity bond became effective January 1, 2005 and will Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development January 31, 2005 2 L- 2005 -07 expire December 31, 2005. The particulars of the Crime Insurance is attached as Schedule "A" to this report. There have been no claims presented against this policy during the past year and at present no claims are outstanding. Prepared by: Respectfully submitted: Mary Mo .ne Law Cle Rec Kallio City Solicitor Approved by: by: T. Ravenda Executive Director of Corporate Services m John MacDonald Chief Administrative Officer No deductible applies. CRIME INSURANCE Features This policy provides protection to the municipality for the loss of money, securities an l other property through the fraudulent or dishonest acts of employees and others. Coverage is provided on a Commercial Blanket Bond package, and may include: Employee Dishonesty, Loss of Money and Securities, Money Order and Counterfeit Paper Currency, and Depositors Forgery. Audit expense coverage is in addition to the overall bond limit, to the maximum amount provided in the Summary of Coverage pages. The definition of "employee" is extended to include all persons holding positions in the municipality's service who are not compensated, and includes Members of Council, Members of all Boards, Commissions and Committees appointed by and under Council's jurisdiction. The definition of "messenger" is also extended to include persons not compensated. Comprehensive Crime Commercial Blanket Bond Counterfeit Paper and Depositors' Forgery Audit Expense (Sub -Limit 100,000.) Money and Securities Blanket any Location Excess on Securities 1,000,000. Included Included Included 100,000. 100,000. The City of Niagara Fall Canada Community Services Department MW- 2005 -10 Municipal Works Ed Dujlovic 4310 Queen Street Director 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: edujlovi @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: January 31, 2005 Re: MW- 2005 -10 Niagara Union Property Development Inc. Condominium Agreement with City RECOMMENDATION: It is recommended that 0.78 metres of the 3.05 metre widening dated to the City be conveyed back to the condominium corporation for that area containing the existing entrance and overhang. BACKGROUND: As part of the rezoning and site plan process for the approval of the above condominium one of the requirements was the provision of a 3.05 metre road widening to the City. This widening was given in 2004. The widening resulted in the entrance to the condominium corporation being contained within the City's new widened road allowance. Accordingly, the condominium corporation requested an encroachment agreement. Concerns were raised by the condominium corporation as to the insurance requirements. Accordingly, staff has agreed to transfer back that portion of the road widening encumbered by the entrance and overhang. The required reference plan and fees are to be paid by the condominium corporation. Council's concurrence with the above recommendation would be appreciated. Prepared b• /C) Respectfully submitted: Ed Dujlovic f John MacDonald Director of Municipal Works Chief Administrative ficer S:\REPORTS\2005 Reports \MW 2005 -10 Niagara Union Property Development Inc.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Clerk's Department Inter Departmental Memorandum From: Dean Iorfida City Clerk Ext. 4271 Subject: Reduction of the Number of Municipal Politicians Working Together to Serve Our Community The City of Can Niagara Falls' To: Mayor Ted Salci Date: January 31, 2005 Members of Council In light of Alderman Diodati's motion from the last Council meeting, staff felt that it would be more appropriate to articulate the matter in the more formal resolution format, especially since the correspondence will be forwarded to the Region and all area municipalities. D{,qto The City of Niagara Falls, Ontario Council Chambers No. January 31, 2005 Moved by Alderman Seconded by Alderman WHEREAS the Niagara Region has a population of approximately 400,000 people; and WHEREAS between the upper and lower tier municipalities there are 125 municipal politicians; and WHEREAS the Region of Peel has a population of approximately 950,000 people; and WHEREAS there are only 31 m unicipal politicians serving on the two tiers of municipal government in the Peel Region; and WHEREAS despite being less than half the size in population, Niagara has over four times the number of municipal politicians as the Peel Region. THEREFORE BE IT RESOLVED that the Regional Municipality of Niagara be petitioned to reduce its Council size; and FURTHER BE IT RESOLVED that the Regional Municipality of Niagara and the lower -tier municipalities in Niagara consider having representatives sit on both levels of municipal government, to reduce the number of municipal politicians; and FURTHER BE IT RESOLVED that this resolution be sent to the area municipalities in Niagara. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman January 31, 2005 WHEREAS Part 2 on a draft Reference Plan located on the west side of Drummond Road north of Murray Street shown on Schedule "A" attached "subject lands "),is proposed to be stopped up and closed. AND WHEREAS Part 2 on a draft Reference Plan located on the west side of Drummond Road north of Murray Street be declared surplus. AND WHEREAS this will consititute notice to the public. THEREFORE BE IT RESOLVED the subject lands be stopped up and closed and the same is hereby declared surplus to the City's needs and reconveyed to the abutting owner, Niagara Union Property Development, for nominal consideration. AND THEREORE FURTHER BE RESOLVED that this shall constitute notice that at its meeting to be held the 14t day of February, 2005 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed closing and reconveyance of the subject lands, to Niagara Union Property Development, for nominal consideration. The contact person is Mary Morrone. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. 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