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2005/11/07The City of Niagara Canada COUNCIL MEETING November 7. 2005 PRAYER: Alderman Selina Volpatti ADOPTION OF MINUTES: Council Minutes of October 17, 2005 Minutes of Special Council Meeting of October 14, 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. St. Andrew's 150 Anniversary DEPUTATIONS/ PRESENTATIONS Derrick Herriott, St. Andrew's Council Chair and Dr. June Mergl, Sundae in the Park, Event Coordinator will make a brief presentation to Council outlining the exciting calender that has been planned for "Celebration 2006" in commemoration of St. Andrew's 150 Anniversary. ITEM NO. 43 PLANNING MATTERS Public Meeting Official Plan Zoning By -law Amendment Application AM- 25/2004, Lyon's Creek Road, East of Montrose Road, West of the Q.E.W and South of Reixinger Road. Background Material: Recommendation Report: PD- 2005 -86 2. Restorative Justice Week 2005 requesting that November 13 November 20 be proclaimed as "Restorative Justice Week 2005 RECOMMENDATION: For the Approval of Council 3. Youth Appreciation Week requesting that the week of November 20 -26, 2005 be proclaimed as "Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. LEGAL MATTERS REPORTS 1. Chief Administrative Officer L- 2005 -39 Nuisance By -law File No. 2005 -311 PARKS, RECREATION CULTURE MATTERS 1. Chief Administrative Officer R- 2005 -57 Selection of the Preferred Site for the Arena Complex Development Project 2. Chief Administrative Officer PD- 2005 -83 Green Municipal Fund (GMF) for Brownfields Redevelopment RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF CORPORATE SERVICES Alderman Wayne Campbell, Chair) RATIFICATION OF "IN CAMERA" ACTIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2005 -50 Municipal Accounts 4 L- 2005 -41 Release re covenant in Site Plan Agreement Thundering Waters Golf Course MW- 2005 -128 Regional Water and Sewer Rates MW- 2005 -129 WeedNegetation Suppression Program MW- 2005 -130 Supply and Installation of Pay Display Machines MW- 2005 -132 Winter Maintenance Policy Plan BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2005 -178 A by -law to authorize the execution of a Condominium Agreement with Wedgewood Builders of Niagara Limited respecting West Meadow Vacant Land Condominium. 2005 -179 A by -law to establish Part 4 on Reference Plan 59R -12300 as a public highway, to be known as and to form part of Chippawa Parkway. 2005 -180 A by -law to authorize the execution of a Condominium Agreemnt with 1211990 Ontario Inc. Respecting Peters Dorchester Road Land Condominium. 2005 -181 A by -law to authorize the execution of a Section 37 Agreement with HOCO Limites pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by HOCO Limites in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a midway and a hotel on lands owned by HOCO Limites and located on Clifton Hill, in the City of Niagara Falls. 2005 -182 A by -law respecting the prohibition of the nuisance of controlled substance manufacturing operations. 2005 -183 A by -law to govern the execution of documents on behalf of The Corporation of The City if Niagara Falls by way of electronic registration. 2005 -184 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Waters Avenue and Richmond Cres.) 2005 -185 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Reixinger Rd. and Stanley Ave.) 2005 -186 A by -law to amend By -law No. 79 -200, to permit a recreational facility on the south side of McLeod Road, east of Garner Road (AM- 39/2004, Boys and Girls Club of Niagara). 2005 -187 A by -law to designate Lots 33, 34 and 49, Registered Plan 59M -324, not to be subject to part-lot control (Brittany Court, Garner Estates Phase 4). 2005 -188 A by -law to amend By -law No. 79 -200, to permit a midway containing mechanical and electronic amusement rides and devices and a 28- storey hotel (AM- 23/2004, .HOCO Limited). 2005 -189 A by -law to authorize the execution of an Agreement for Design Services with WalkerGroup /CNI, Inc. respecting the Downtown Strategic Implementation Study. 2005 -190 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7 day of November, 2005. NEW BUSINESS St. Andrew's United Church City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 2L1 Attention: Dean Iorfida, City Clerk Healthy from the Start Out of the Cold Meals on Wheels Sincerely, "Reaching Up To God Reaching Out To People" 5645 Morrison Street, Niagara Falls, ON L2E 2E8 Phone: 905 356 -1624 Fax: 905 356 -1291 E -Mail: infot standrewsunited.net Website: www.standrewsunited.net Minister: Rev. Dr. John James Staff Associate: Janine Armstrong Director of Music: Lynne Honsberger Visitation Minister: Rev. Leslie McSpadden Children's Ministry Coordinator: Amy Post Office; Cathy Diamond Re: Deputation November 7 2005, on the 150th Anniversary of St. Andrew's United Church Thank you for the opportunity to share the story of St. Andrew's 150 Anniversary! On November 7 2005, we will provide a 5- minute PowerPoint presentation to Council to showcase the exciting calendar we have organized for Celebration 2006." In commemoration of this 150th anniversary, St. Andrew's United Church on Morrison Street in Niagara Falls is inviting the community to send best wishes and share memories of the church, recent or not so recent, through a number of services, events and media opportunities. St. Andrew's congregation and Anniversary Teams look forward in 2006 to showing a snapshot of our church and its growth and contribution to Niagara over the last 150 years. Our main focus will be on our service to the community through our "outreach programs," including active participation in, or donations to: Women's Place of South Niagara (Nova House) *Hannah House Caves Springs Camp for kids *Adolescent Family Support Serv. *Community Kitchen *Bethlehem Place As one of the oldest churches in Niagara Falls, we are proud to have helped weave the fabric of our community. We will be requesting Council's support as we plan and implement our events and specifically our celebration on Sunday, June 11, 2006, in Oakes Park Sundae In The Park Ice Cream Festival. This will be our major fundraising gift to the community, as the funds raised will be given to several local charities to assist our less fortunate residents of Niagara Falls. On Monday, November 7 the Niagara Falls City Council will have an opportunity to recognize and proclaim St. Andrew's 150 years of commitment to Niagara Falls. Thank you so much for your time and interest. Rooted in Faith Living in Hope Growing in Love Derrick Herriott, St. Andrew's Council Chair June Mergl, Sundae in the Park, Event Coordinator St. Andrew's United Church "Reaching Up To God Reaching Out To People" 5645 Morrison Street, Niagara Falls, ON L2E 2E8 Phone: 905 356 -1624 Fax: 905 356 -1291 E -Mail: info(c�standrewsunited.net Website: www.standrewsunited.net Minister: Rev. Dr. John James Staff Associate: Janine Armstrong Director of Music: Lynne Honsberger Visitation Minister: Rev. Leslie McSpadden Children's Ministry Coordinator: Amy Post Office; Cathy Diamond November 7, 2005 Mayor Ted Salci and Members of Council Re: Request for a Proclamation recognizing St. Andrews 150 Anniversary Dear Mayor Ted Salci Members of Council: In 2006, St. Andrew's is CELEBRATING 150 years of giving to the Community of Niagara Falls! To recognize this momentous occasion, we would like to request a Proclamation by the Niagara Falls City Council to acknowledge the Church's 150th "Birthday" on June 4 to June 11 2006. Come join us throughout the year of 2006!! St. Andrew's Congregation and Anniversary Teams look forward to sharing our story and offering a snapshot of our church, its growth, and its contribution to Niagara over the last 150 years. We will celebrate by showcasing our continuing commitment to community outreach. We are extending a warm invitation to family and friends to join us for "Sundae in the Park" Charity Fundraiser and Alumni Sunday on June 11, 2006. For 150 years, St. Andrews has supported programs and Christian spirituality to assist those citizens and businesses who work towards a stronger community. Our goal is to continue this philosophy into the next 150 years of service. Sincerely, Derrick Herriott, Board Chair, St. Andrew's United Church Dr. June Mergl, Sundae in the Park, Coordinator NF ANIMAL MEDICAL CENTRE (1002 li 5t. Andrews •Uri ited Church "Reaching Up To God Reaching Out To People' 10/27/2005 14:35 FAX 9053543037 UCE EBR MON 2006" "Root in :Faith Living in Hope Growing in Love' SHOWCASING THE HIGHLIGHTS FOR COMMEMORATING THE 150 ANNI"ER %ARY OF $T. ANDREWS V CKJRCI. NIAGARA FALLS. ONTARIO Sunday January 21— "Glimps1e of St. Audr w's Past" with spacial guest speaker Sherman &vita, City of Niagara Falls historian Sponsored by Worship and 150 Anniversuy Teams Sunday February1 1.2 "Missi n Sunday" veil) special guest speaker Mr. Roy Sheldrack kick -off to St. Andrea:'s main Saissioa if drying a fresh -water well in Saiti Our `Gift to the World' Spoosored by Sf_I Andrew's Scial Action and Outreach Team Mauch 10 and March :11 "JESUSI At The :ENTRE" Symposium Sponsored by Niagara Presbytery, St An 's Adu t M..aistry and 150 Anniversary Teams. Looking at the many aspectsJesus with du•st speakers: II Rev_ Hugh Reid —I The Divin e Jesus" mi ister of Kingway- Lambton in Etobicoke Rev. Dr. Cheri DINovo Radical Jesus" minister of Emmanuel/Howard Park United Church, Tornnco 1 I Rev. Jeeva Sam I "The H eag Re•_ Dr_ Diane Welker "Th i Ch arch Rev. Dr. John James "The Resurrecled J sus" minister of St. Andrew's United I Rev. Dr. Cheri D,1Niivo 'Rath Revereiad' vest speaker for both services Sunday, March 12_ .I March 11 -15 Third Youth "basins Tripto Mexico" Ch arch Jesus• meister of St Paul St United, St. Catharines Crucified J as" minister of Pelham Community March 31 (evening) and April 2 (atlernoon `Celebration 2006' Concert showcasing Lynne fionsberger at St. And's organ id featuring selections from `The Niagara Men's Chorus' Sponsored 4 the 150 Anniversary Team (all proceeds to offset the expenses of Celebrstion I and specialahnsicians throughout the year) I Sunday April 30 "Heritage Club" sped► even rig guest speaker Rev. Dr. Audrey. J.B. Stirling Senior minister of Eaton Memorial Church, Toro Sponso b y Club Tee I by Saturday May 6 "Car all day evvht `Back to the Future' Sponsored by Youth and Childr;en's Mori Tenors I speaker at heath services Rev_ Bob Ripley minister of Sunday May 28 pecial Metropolitan United Church, London hugest mainline protestant congregation in Canada Sponso by Wo ip and 150'aniversary Teams 10/27/2005 14:36 FAX 9053543037 NF ANIMAL MEDICAL CENTRE 0003 .I S day June 11- rSu in the Park' au 'Alumni Sunday' It's a `BIG PARTY' mo details to follow Sponsored by t he "Sundae in the Park" Team, Anniversary, C and Fellowship Teams sad the entire Congregation of St. Andrew's. Other Ongoing E J' and August 1&Mutter S fined and lay I ouecn from W hip Team Su day September 24 "Con off ite location evening at 6. :Aiwa al Droner'' featuring food, fellowship and fun pm Sponsored by 150 Anniversary Team S day d ctober 15 "Dane Thon" Sponsored by the Children's Ministry Team all roods raised by the i ll be sent to World Vision Missions S day October 29 Combia morning sotvice and "150" Anniversary Service C bration" in the Bening featuring Speial Music Special guest speaker Rev. Dr, M calm Sindair minister o Metropolita *United Church, Toronto Sponsored by W rsbip and 150th Agniverso I Teams Su day December 17 W bip and 1501. Anni 1 Su day December 31 "A ce at 10:30 am Spo nts and Servias: Sunday February 26- Tuesday $braary 28 Ministry and Care an W ednesday March 1- Spring and Fall plan Photos taken during Come God i days .'Wooten of God" featuring messages from aspects ofThe Body of Christ Sponsored by the Ca atatt' one service at 10 :30 am Sponsored by tamp fe taring the "Niagara on-the-Lake Sinfonia k Back Lo k Ahead" Rev. Dr_ John James one b the Wo ship and 150" Anniversary Teams al Meeting Shrove 'rue day' Sponsored by Board Members, Youth Fellowship 'lams h )Vednessay Service g of trees t commemorate 150 Anniversary I and Ap it for new Photo Directory D Saturday April 1 -17C W `Spring Bazaar' Se nday Apnl 9 Pabf Sunday Services Thursday tp rrl 13 ManndyITh•1rsdyr Service Friday Aprnl.1 t Good Friday Serve Sm uday April 16 Easter Cdcba ation Services photo Wall commemorative items or sale with new logo displays of the history of St 's thuop artifacts and pictures throughout year Ss fords ember 1 175W `Ch Moms Bazaar' Sundays in December r Advent Prey oration Sr nday December 24 i d Be A Part Of The 3 special services no morning services Body Of Christ At St. Andrew's, Where Best So Faithful T iroughou The Past 150 Years, And Join Us In The Many rAspects Cf "CELEBRATION 2006" Website: st drewsu t .,..r it Pone: 356E24 ii St. Andrew's UnimedChisrcb 150P Anniversary Team The City of I Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department PD- 2005 -86 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 November 7, 2005 Re: PD- 2005 -86, Official Plan Zoning By -law Amendment Application AM- 25/2004, Lyon's Creek Road, East of Montrose Road, West of the Q.E.W. and South of Reixinger Road Applicant: Cuviello Construction Ltd. Agent: R. Brady, Urban Environmental Management Inc. 1) Council approve the proposed amendments to the Official Plan and Zoning By -law for the lands located north of Lyon's Creek Road, east of Montrose Road, west of the Q.E.W. and south of Reixinger Road in order to facilitate future tourist commercial development; and 2) an acknowledgment of the existing poultry operation north of Reixinger Road and its associated consequence of operation (e.g., odours) be registered on title as part of the site plan agreement process to protect the current and future poultry operation use. Cuviello Construction Ltd. has requested an amendment to both the Official Plan and Zoning By -law No. 395 for a 23 ha (57 ac.) section of land bounded by Montrose Road to the west, Reixinger Road to the north, Lyon's Creek Road to the south and the Q.E.W. to the east. A location map has been attached as Appendix 1. The lands are designated Industrial in the City's Official Plan with the exception of an area adjacent to a watercourse cutting across the northern section of the lands which is designated Environmental Protection Area. An amendment is requested to redesignate the Industrial lands to Tourist Commercial. No change to the Environmental Protection Area designation is proposed. A draft Official Plan amendment has been attached as Appendix 2. The zoning provisions of Zoning By -law No. 395 (Willoughby By -law) currently apply to the lands. The lands are zoned Conservation Open Space along the watercourse referenced above and Rural for an irregular depth of approximately 137 m (450 sq. ft.) north of Lyon's Creek Road. The Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 PD- 2005 -86 remainder of the lands are zoned Highway Commercial. The applicant is requesting that the Rural and Highway Commercial zoning be replaced with a modified Tourist Commercial zoning under Zoning By -law No. 79 -200 which would permit a selected range of tourist commercial uses and some additional prestige industrial uses (laboratory, offices, warehouse). The rezoning would also contain holding provisions to ensure that traffic, archaeological, stormwater and tree protection studies are satisfactorily completed and that full servicing is available prior to development of the lands. Circulation Comments Regional Planning Development Municipal Public Works Traffic Parking Services Fire Services Parks, Recreation Culture Building By -law Services Public Comments Planning Analysis 1. Official Plan Conformity Suitability Verbal comments received to date. No objection to approval provided that a 1.52 m (5 ft.) widening be dedicated along the entire frontage on Reixinger Road and that a holding provision be placed on the subject lands until the appropriate sanitary and water systems are constructed. All access to the lands should be provided from either Montrose Road or Lyon's Creek Road only. A traffic impact study will be required when specific development details are known. No objections. A copy of the tree preservation plan is requested for review. No objections. Lou Fiorentino, poultry operation north of Reixinger Road (Appendix 3). The requested amendments conform with the policies of the Official Plan and are suitable for the subject site. The proposed Official Plan amendment would add the subject lands to Policy 4.2.7 of the Tourist Commercial policies which recognize the Tourist Commercial designation on two parcels of land (the Mountain and McLeod Road interchanges with the Q.E.W.) that are "well suited to tourist commercial development of a highway service nature, given their exposure to the Q.E.W. and their accessibility to the travelling public The subject lands have the same characteristics as the two areas referenced in Policy 4.2.7. November 7, 2005 3 PD- 2005 -86 The Industrial designation that now applies to the subject lands allows a range of industrial uses as well as uses ancillary to industrial operations (offices, retail); commercial uses servicing industrial uses and their personnel (banks, restaurants, convenience stores); and corporate/business offices. Industrial lands with exposure to highways are subject to quality design standards regulating setbacks, landscaping and on -site amenities because of their high visibility. The requested amendments propose tourist commercial uses to capitalize on the easy access to travellers as well as retaining those industrial uses suited to a high visibility location. Specific provisions within the implementing zoning by -law would ensure that new development would conform to the design policies of the Industrial policies of the Official Plan and provide for those industrial uses that remain compatible with both the highway exposure and the proposed tourist commercial uses. The northeastern portion of the subject site is separated from the remainder by the existing watercourse and Environmental Protection Area designation. Access to this portion is via Reixinger Road which dead ends at the Q.E.W. Development of this particular area is not suited for travel dependant commercial uses and it is anticipated that the extension of services will proceed with development of the north side of Reixinger Road which is both designated and zoned for Industrial use. It is recommended that this portion of the subject site remain designated for Industrial uses and that a Prestige Industrial zoning under Zoning By -law No. 79 -200 be applied. 2. Compatibility With Surrounding Land Uses The uses requested through this application are considered to be compatible with the surrounding uses which include the Arpad community centre /park to the south west; vacant lands to the south and west, and an industrial use to the west. The Grand Niagara Golf Course and Resort is located further west and north of Montrose Road. The lands west and north of the subject lands, as well as the lands to the south, west of Willowdell Road, are designated for industrial uses. Other lands to the south are outside of the Urban Area Boundary and designated for agricultural use. In addition, the lands on the opposite site of the Q.E.W. are designated for resort commercial use. The lands directly north of Reixinger Road contain a poultry operation but it is designated for industrial use. The minimum distance separation formulae of the Ministry of Agriculture and Food do not apply within urban designations, however, some form of protection to the continuation of the legally established poultry facility should be given. Although the majority of the property will be separated from the potential odour of the poultry facility by the trees of the environmental protection area, all of the lands should contain an acknowledgement, on title, of the nearby facility thereby avoiding any future conflicts. The policies of the Official Plan encourage the retention, protection and enhancement of natural resources, including forest resources, in the City. An Environmental Impact Study (EIS) has been submitted in conjunction with the application which suggests that a 15 metre buffer (for fish habitat) be maintained on either side of the watercourse and that the more valuable treed areas be protected through a tree preservation plan. The existing Environmental Protection Area designation includes the fish habitat buffer and no change is proposed to the designation. November 7, 2005 4 PD- 2005 -86 3. Impact of the Proposed Amendment The Official Plan policies require that the impact of a proposed amendment on the transportation system, community facilities and the natural environment be addressed. The following studies and been undertaken, or will otherwise be required to be completed prior to development of the site and will therefore be placed under a holding (H) provision in the implementing by -law. Tree Preservation Plan Archaeological Assessment Servicing The completion of the tree preservation plan prior to development on the site is needed on a property wide scale so that the connectivity and ecological function of the wooded area are maintained. The Region has identified this site as having the potential for archaeological resources. The completion of an archaeological assessment is required prior to development. The Grassy Brook West Class EA has been approved and the detailed design is currently being contracted. Construction is scheduled to be completed within the next 12 to 18 months and upon completion the subject lands will have municipal services. A holding provision will ensure that development on the lands will not proceed until full servicing becomes available and that a stormwater management plan has been completed. Traffic Impact Study The Ministry of Transportation has noted the need for a traffic study to determine the impact on the Q.E.W. interchange. A traffic study has also been requested by Regional and City road authorities. Since specific development plans have not been developed, this requirement will also be included as a holding "H" provision in the implementing zoning by -law. The City's Transportation Department has requested that access to the lands be provided from either Montrose or Lyon's Creek Road. It is important to note that the northeastern portion of the site, south of Reixinger Road, is physically separated from the remainder of the lands through the Environmental Protection Area. Development of these lands will require access from Reixinger Road. A road widening along Reixinger Road and the extension of any necessary services will be required at the time of development through site plan control. November 7, 2005 5 PD- 2005 -86 4. Zoning By -law Amendment FB:gd Attach. A list of proposed uses and zoning provisions have been prepared in consultation with the applicant. The proposed implementing zoning by -law would permit all tourist commercial uses currently permitted in Zoning By -law No. 79 -200 with the exception of a body -rub parlour, convention centre, drive -in restaurant, exhibitions of wax works, automobiles, handicrafts natural or artificial curiosities, freak of nature, a parking lot or a tourist home. Additional uses proposed are prestige industrial uses considered compatible with tourist commercial uses and include: a laboratory, offices (business, professional or service) or a warehouse. These uses are in conformity with the proposed Official Plan amendment and are suitable for this particular site. In compliance with the increased design standards outlined by the Official Plan for Industrial areas with visible frontage along high traffic highways, the proposed zoning by -law will include a minimum landscape strip of 10 metres along Montrose or Lyon's Creek Road and 14 metres along the Q.E.W. In addition, there is a minimum landscape requirement of 15 A reduced lot coverage from the standard TC zone from 70% to 45% is also proposed along with increased setbacks. As noted previously, the implementing zoning by -law will be subject to holding provisions pending the completion of a traffic study, tree preservation plan, archaeological assessment, a stormwater management plan and the availability of municipal servicing. CONCLUSION: The proposed redesignation and zoning of the lands south of Reixinger Road, north of Lyon's Creek Road, west of the Q.E.W. and east of Montrose Road to Tourist Commercial is in conformity with the City's Planning documents and takes advantage of the tourist traffic along the Q.E.W. The use is compatible with existing uses in the area and will provide further support to and be supported by the Grand Niagara development to the northeast. Holding provisions attached to the implementing zoning by -law will ensure that development will proceed when the issues concerning the natural features, archaeological potential, traffic impact and stormwater management are satisfactorily addressed and when municipal services become available. Development will be subject to site plan control. Prepared by: Francesca Berardi Planner 2 Recommended by: Doug Darbyson Director of Planning Development S:\PDR\2005\PD2005 -86, AM- 25 -04, Cuviello Construction, Lyon's Creek Rd.wpd Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP Official Plan and Zoning By -law Amendment Location: Part of Lots 15 16, Concession 7 Applicant: Cuviello Construction Ltd. K:\GIS_ Requests\ 200■Sehedules \ZoningAM\ AM-25 Vnapping.apr APPENDIX 1 AM- 25/2004 s 1:NTS September 2005 PART 2 BODY OF THE AMENDMENT APPENDIX 2 All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Subject Land shown on the map attached hereto, entitled "Map 1 to Amendment No., shall be redesignated from Industrial to Tourist Commercial. 2. TEXT CHANGE PART 2, SECTION 4 TOURIST DISTRICTS, is hereby amended by deleting subsection 4.2.7 and replacing it with the following: 4.2.7 Tourist Commercial designation includes three parcels of land, identified on future land use Schedule "A which are located outside the Tourism Districts. These lands are well suited to tourist commercial development of a highway service nature, given their exposure to the Q.E.W. and their accessibility to the traveling public. 4.2.7.1 The site bounded by Lyon's Creek Road, Montrose Road, Reixinger Road and the Q.E.W. will be subject to the following additional policies: (a) Limited prestige industrial uses will also be permitted in this area subject to consideration at a Zoning By -law amendment stage. (b) In order to ensure that the lands are adequately serviced and develop in an orderly fashion the amending zoning by -law shall include an holding "H" symbol to address the following: (i) The availability of municipal sanitary sewers, water and completion of a satisfactory stormwater management plan. (ii) The completion of a traffic study approved by the Ministry of Transportation and Regional Public Works. (iii) The preparation of an acceptable tree savings plan for the whole of the areas identified on the completed Environmental Impact Study previously submitted or on any follow up detailed studies such that the connectivity and ecological function of the wooded area is maintained. S: \OFFICIAL.PLN\AM END\Am- 25- 04\BODY_AM25- 04.wpd (iv) The completion of an archaeological study and submission to the Ministry of Culture and Regional Niagara Planning Department. The holding "H" symbol may be removed in whole or in part for each the above matters independently. Area Affected by this Amendment Proposed Change From: Industrial Proposed Change To: Tourist Commercial 1 Mee MAt MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN ARIMI■ Y, Y,YTYYY.7Y. 111.1111111111.1111111.. SWIM y T Y T Y Y T Y r r Y 1111111111111111111111111•• l ■►i ■1 Y Y Y Y Y Y Y Y Y ■1 ■1 W■1 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y II/■■ ■III ■1111■■■■■ YY'YYYYYYYYYYYYYY 111•1111111111=1111•11111111111111111111111 'MI Ty y yYY'Y.:Y'YY •1■ ■■111■■■■■■■■ INA. AN Y I■I■■■■■■mei■I■ ■■■Gil Valk Y roll ■I■11• ■lR11111 ■1 ■11 ■1 •011∎ 1111/ ■■11111111 ■■■■II ■■I■ ■11■I ••■•••••••••I ■11■■ •■II ■I■I■ ■il■ 1 11111111111111111111111111111111111•111•1111• MEM MOM i i+► /�•■■■■■■I TY YYY ■II YY Y Y Y Y ■I YY1 1 i Y Y Y Y Y \Y�►� \1111■■■■' Y Y Y Y Y Y arzra7C3r 'YY Y Y Y y Tr t Y Y Y Y Y Y YYYY Y YYYYY YYY ..ii. Y YTYYYY Y Y.Y Y.Y.Y. YYY.'YI ■1111■ ■1 Y Y iiiiiiimumm mi W �iiiiiiiiiiiiiiii1 j :v'ih\■■■■■ ■■■■■■■■I /r \66111 ■1111■■■■ ••••I ∎•■■II ■II M■■■0.11■■■■■■■1 MIMIC= --Tatilull mmm■epliii■ ■■■■■■ISE: ..1111•••• NEN■■■■■ \O Y,tY Ag or �T_ w TyY I'1 46, 116.66 ∎•7•Z•T•T�T�Tiq� Si? r 5. 04 01 1 Y Y YYY 0 i 'ett 'AY 4 �1 Y Y 't Y Y r al YY Y Y YTYT Y K:IGIS RepuealsV0o5\ Schedules \ZoningAMRexingerlmappirg.apr CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN OPEN SPACE RESIDENTIAL RESORT COMMERCIAL RURAL AGRICULTURAL THEME PARK MARINELAND TOURIST COMMERCIAL INDUSTRIAL StiN EgimA J ENVIRONMENTAL PROTECTION AREA EXTRACTIVE INDUSTRIAL GOOD GENERAL AGRICULTURE MAJOR COMMERCIAL MINOR COMMERCIAL NIAGARA ESCARPMENT PLAN AREA PARKWAY RESIDENTIAL NOTE: This schedule forms part of Amendment No. to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. s 1:NTS October 2005 October 14, 2005 Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X4 Dear Sir, Citv File AM- 25/2004 APPENDIX 3 I am concerned with the proposed development that is being requested by Cuviello Construction Ltd. (parts of Lots 15 16 Concession 7). I operate a 15.5 acre Poultry Farm on Rexinger Rd. (7473 Rexinger Rd., CON.BFWR Part Lot 10) directly north of the property in question. Presently, on our farm we have the following buildings: 1 family home, l implement building, 1 storage building and 2 poultry houses. We raise approximately 40,000 birds per crop on an 8 week cycle, or 6.5 crops per year. The 2 poultry houses are windowless, so all fresh air is brought in by fans from the south side of each building. The air is moved across the interior of the buildings picking up humidity etc., then exhausted via the north side of both buildings. The 36 fans operate continually. Litter is cleaned from the buildings after each crop. The litter is stored on a litter pad at the rear of each building for approximately 3 weeks and at that time the litter is hauled away. We also grow wheat/corn and use the litter as fertilizer from time to time. My concern is that the developer or the future tenants or owners are made aware of the existing poultry business that has been there in excess of 50 years. It has been my experience at another Poultry Farm location, after new neighbors located in the immediate area of the Poultry Farm they created problems for my operations due to situations that are unavoidable. I would have no objection to the proposal, providing the developer, owner or tenants enter into a written understanding that they know the total operation and condition of my RECEIVED OCT t 9 2005 PLANNING DEVELOPMENT business before they locate in my area as I wish to continue doing business at this location., Yours trul Lou Fiorentino LF /j l The City of Niagara Falls Cana Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Proposal Corporate Services Department PD- 2005 -85 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 November 7, 2005 Re: PD- 2005 -85, Public Meeting Deerfield Estates Draft Plan of Subdivision File: 26T -11- 2005 -03 Kalar Road (West Side), South of Lundy's Lane Owner: River Realty Development (1976) Inc. It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Deerfield Estates Draft Plan of Subdivision. The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. There is to be no decision made with respect to approval of the subdivision at tonight's meeting. The applicant proposes to subdivide a 33.87 hectare (83.69 acre) site into 236 lots for single detached dwellings, 40 lots for semi detached dwellings (80 units), three blocks of land for on- street townhouses (65 units) and blocks of land for institutional use, parkland and open space. The property is located on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor (see Schedule 1). The street pattern includes an extension to Parkside Road located to the south and an east -west collector roadway connecting to Kalar Road at Rideau Street. Several streets are to be continued on abutting lands to the north and west in the future. Schedule 2 illustrates the submitted subdivision layout. An elementary school site is proposed at the north limit of the plan abutting Kalar Road with access from an internal roadway. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 PD- 2005 -85 The City's Official Plan designates the property Residential which permits a variety of housing types and compatible ancillary uses. The land is currently zoned Development Holding (DH) through Zoning By -law No. 79 -200. The applicant has requested a zoning change to the Residential Single Family 1 E Density (R1 E) zone for the single- detached lots, to the Residential Single Family and Two Family (R2) zone for the semi detached lots, to the Residential Mixed (R3) zone for the on- street townhouse blocks and to the Institutional (I) zone for the school block. The related zoning by -law amendment application (AM- 27/2005) will be subject to a Public Meeting at a later date. Preliminary Review Based on a preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed subdivision: Prepared by: A Provincially Significant Wetland (PSW) is located within Block 280 on the plan. The applicant has submitted a required Environmental Impact Study which is under review by the Region. The potential recreational use of the wooded area surrounding the PSW is suggested by the applicant and will need to be explored. The plan proposes a better mix of residential housing types than earlier subdivisions to the south (although still predominantly single- detached lots). The provision and distribution of more multiple residential units (block townhouses and apartments) is needed throughout this section of the neighbourhood to meet City, Regional and Provincial policy requirements. Coordination of this subdivision with future residential development to the north and west is necessary with respect to housing mix, road patterns and the location of a centralized active playground to best serve the area. CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development RW:gd Attach. S:\PDR\2005\PD2005 -85, Deerfield Estates Draft Plan of Subdivision.wpd Approved by: T. Ravenda Executive Director of Corporate Services Respectfully submitted: ffi John MacDonald Chief Administrative Officer Proposed Plan of Subdivision Deerfield Estates 26T -11- 2005 -03 Subject Land K:\G IS_Requests\2005\Scbedules\ Subdivisions \Deerfield_Estates\mapping.apr SCHEDULE 1 Location Map 21 111 2 1 1 111 Mom cral -EE 111611 MEN Mom Mime I` M 111.1t -M9 moor: II m MC MO M M ow Mom Nell Mil Mom MIN MU MEM _a e.veo- o�- lump 1111 -i Etwatw$ ��11111111 INUOIOR IPbI I sir F s Scale 1:NTS October 2005 SCHEDULE 2 z a W x 0 1 R 5 X a 0 id E0.44-$c lea 3 -44 3 t o re./4 0 A I 1-P-E .6X 5 /&a-e. .,z,itx;At' rvy c O et z L^ s Re. b..teirz C. II) r-4 re PlaTing la, File: 1-.; Ye_ d6 1/- 610 4-v tV3f4-4*- A /344. ,64_ e 2 07 ale-0 c ,60,14( 1-7 AtiMiy 60416 Zu/vzYlc 1 4Ive Atm400,-,14 A:4-14f N October 25, 2005 Thank you for your cooperation. Yours truly, Mario Salvatore Development Coordinator (456941 Ontario Ltd.) /aa SILVESTRI INVESTMENTS 21 King Street West, Suite 809, Box 66, Hamilton, Ontario L8P 4W7 905 521 -1144 Fax 905- 528 -6328 The City of Niagara Falls Director of Planning Development PO Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Request for Decision of Council File: 26T -11- 2005 -03 "Deerfield Estates" Draft Plan of Subdivision We are writing as a request to be notified of the decision of Council regarding the above captioned. Viarap World -wide commercial residential developer RECEIVED OCT 2 72005 PLANNING ,8t DEVELOPMENT The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: 1) Council forward this report to the Region in response to their request for comments; and 2) the Regional Planning Department be requested to revise Regional Policy Plan Amendment No. 187 to provide clarification of the policies identified in Appendix A. BACKGROUND: The Region has circulated its revised Regional Policy Plan Amendment No.187, New Environmental Policies for Niagara, to the City for review and comments. The proposed amendment would replace the current environmental section of the Regional Policy Plan which is outdated and lags behind other areas of the Province. Planning Comments Corporate Services Department PD- 2005 -84 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 Re: PD- 2005 -84, Regional Policy Plan Amendment No. 187 "A Healthy Landscape Healthy Communities, Proposed New Environmental Policies for Niagara" The Region's draft environmental policies implement the natural heritage approach to environmental protection as directed in the 2005 Provincial Policy Statements. In this approach, the diversity and connectivity of natural features are recognized as the basis in providing a healthy environment. The policies include the mapping of natural features and require the protection, rehabilitation and, wherever possible, the enhancement of the function of the features. The revised amendment has been structured into three sections: 7.A A Healthy Landscape November 7, 2005 Provides the objectives and policies that apply across the Region with respect to water, air quality, climate, land resources, natural hazards, and shorelines. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 PD- 2005 -84 7.B The Natural Heritage System Identifies Core Natural Areas both through the mapping and policies. Core Natural Areas include: Environmental Protection Areas (EPA) such as provincially significant wetlands, significant habitat of threatened or endangered species or life science ANSIs (areas of natural or scientific interest) within which development is prohibited; Environmental Conservation Areas (ECA) such as woodlands, wildlife habitat, earth ANSIs where development maybe permitted if supported through the appropriate environmental studies; Natural Heritage Corridors which provide connectivity between features; and Fish Habitat. 7.0 Implementation Policies Outlines what the Region proposes to do to support protection of the environment such as reduction of the use of road salts, use of native plantings on Regional lands and responsible stewardship of environmental areas through efforts such as federal and provincial programs. Promotes the integrated review of environmental studies through the planning process. The environmental planning process involves a hierarchal approach to environmental studies: Broad Level Watershed plans implemented through Regional and local official plan amendments; Large Developments or Major Land Use Changes Environmental planning studies with any major land use changes implemented through plan amendments /secondary plans. An integrated review of different environmental studies to ensure compatibility between them is required. Site Specific Level Site specific environmental impact studies for individual applications In 2004, Planning comments were provided on the first draft of Amendment No. 187 through Planning Report PD- 2004 -54. The main issues cited in the report were: implementation of the regional policies at the local level; details of the criteria used to identify significant natural areas; and the inclusion of specific sites as natural areas in the mapping. November 7, 2005 3 PD- 2005 -84 As suggested by City staff in report PD- 2004 -54 regarding the draft policy amendment, the revised amendment contains more detail on the criteria used to identify the natural features within the ECA designation. However, several of the criteria used are not defined in the policies and further information should be provided on those criteria. Another concern expressed in report PD- 2004 -54 was that the policies did not detail what implementation measures were expected for the proposed amendment within the local planning documents. While protection of the environment is important, implementation of the policies should not be burdensome to property owners and the local planning process. Regional staff has indicated that the policies have been revised to be more flexible with regards to implementation, however, addition written clarification of the expected implementation measures is requested. In response to inquiries regarding the inclusion of specific sites under a Core Natural feature designation, some changes have been made to the Core Natural Heritage Map accompanying Amendment No. 187. Staff has conducted a further review of the mapping at a more detailed scale, the results of which will be forwarded directly to Regional staff for review at a technical level. In general, the draft policies provide a good framework for environmental protection across the Region and the revised draft amendment has incorporated most of the comments received from City Planning staff in the previous review. Additional clarification regarding local implementation is requested. Additional points of clarification that are technical in nature have been attached as Appendix "A" for the benefit of Regional Planning staff. CONCLUSION: The policies of Amendment No. 187 provide a much needed comprehensive update to the current Regional environmental policies. The policies are consistent with natural heritage approach of the Provincial Policy Statements. Subject to clarification of certain policies, staff is generally supportive of the intent of the amendment. The policies of Amendment No. 187 should provide a framework for an update of the City's environmental policies. Prepared by: Francesca Berardi Planner 2 Recommended by: J- Doug Darbyson Director of Planning Development FB:gd Attach. S:\PDR\2005\PD2005 -84a, RPP Amendment No. 187.wpd Approved by: 4Y T. Ravenda Executive Director of Corporate Services spectfully submitted: Mq John MacDonald Chief Administrative Officer November 7, 2005 4 APPENDIX "A" Regional Policy Plan Amendment No. 187 Planning Comments and Request for Clarification: 7.A A Healthy Landscape PD- 2005 -84 Policy 7.A.2.6 states that stormwater management facilities shall not be permitted in Core Natural Areas, Fish Habitat or key hydrologic features. However, elsewhere in the policies it is stated that the boundaries of Core Natural Areas are general and will be redefined through specific environmental studies without amendment to the Plan. Should an environmental impact study (EIS) conclude that Core Natural Area boundary can be reduced, would it be possible to place a stormwater facility in an area removed from the environmental designation without the need for an amendment to the Regional Policy Plan? Policy 7.A.2.10 states that local official plans should include policies to ensure that Requisition Drains and Petition Drains authorized under the Drainage Act be designed, constructed and maintained in accordance with Best Management Practices. The issue of drains, especially irrigation drains, and the question of applicability of the environmental policies over the requirements of the Drainage Act has been brought up at public meetings. Clarification regarding the implementation of this policy with regards to jurisdiction and the possible costs of implementation that may be bourne by the local municipalities is needed. 7.B The Natural Heritage System Policy 7.B.1.5 lists the criteria used to identify significant woodlands. The list includes: `rare, threatened or endangered species' and `older growth forest'. The amendment defines threatened and endangered species, referring back to the provincial and federal listings of Species at Risk, however `rare' species has not been defined. The criteria used to identify an `older growth forest' should also be provided. Policy 7.B.1.6 states that the boundaries of the ECA designation are considered approximate and are to be more accurately determined through environmental studies. As such, amendments to the Regional Policy Plan are not required unless the change in the boundary is considered significant. Clarification of what is meant by `significant' changes would ensure consistent application of the policies and be of assistance to both property owners and local municipalities. Policies 7.B.1.7 and 7.B.1.8 discuss which policies apply to areas newly identified through environmental studies. Should significant natural heritage features be identified through a study, they are to be included within the appropriate designation through a Regional Plan amendment. It is unclear through these policies whether these amendments are to be implemented by the November 7, 2005 5 PD- 2005 -84 Region through regular updates to their Plan or whether it is the responsibility of an owner /applicant of an ongoing planning application. Policy 7.B.2 discusses Environmental Impact Studies (EIS) and what should be included within the studies. It appears from the wording of these policies that all EIS's will require approval from the Region. Although the Region has provincial review functions, the local level municipality has the responsibility of ensuring that provincial, regional as well as local environmental policies have been met through their planning decisions, consequently approvals should remain at the local level. Regional approval of an EIS maybe more appropriate in those instances where only provincially identified features (provincially significant wetlands or habitat of threatened or endangered species) are involved. Niagara Falls The City of Canada Members: RECOMMENDATION: It is recommended that: BACKGROUND: Planning Process Corporate Services Department PD- 2005 -87 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: planning ©city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario November 7, 2005 Re: PD- 2005 -87, The Glades Draft Plan of Condominium File: 26CD -11- 2005 -04 4300 Kalar Road Owner: Klein Building Company Limited Doug Darbyson Director 1) the Glades Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plans as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. The Glades townhouse development is located on the east side of Kalar Road, north of Costabile Drive, as shown on Schedule 1. Building permits for the 16 -unit project were issued in July 2005. The site layout is shown on Schedule 2. The application for plan of condominium subdivision will permit the individual ownership of each unit in the development with the common elements (e.g., open space, driveways) shared by the condominium corporation. This development has proceeded through various planning approvals and consultation with the public. The project has been designed for compatibility with surrounding land uses and contributes to the mix of available housing types in the area. The property was designed as a multiple residential site in the Marisa Subdivision registered in 1993 (Blocks 64 65, 59M -207). The land is zoned Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 Residential Low Density, Grouped Multiple Dwellings (R4) in accordance with Zoning By -law No. 79 -200. The Committee ofAdjustment approved a variance application (A- 12/2004) on the property in April 2004. This approval allowed reductions to the building setbacks from Kalar Road and also the separation between some of the dwelling units within the development. The site plan for the development was approved by staff in October 2004. The Site Plan Agreement was registered on title April 13, 2005. Conditions of Approval Standard requirements for all subdivision developments are applied to plans of condominium. The majority of development issues have been addressed through the underlying subdivision plan (parkland dedication, road widening, sidewalk) and the site plan agreement (securities are held by the municipality). Construction has not been completed and a condition is included respecting confirmation of zoning by -law and site plan compliance when the project is finished. The designation of a fire access route through the site, if required by Fire Services, is also a condition of approval. The Region advises that the internal driveway design appears to satisfy requirements for waste collection vehicles and a standard condition to provide this service is included. In addition, a warning clause is requested regarding potential odours and noise from the nearby Regional sewage pumping station. CONCLUSION: The Glades townhouse development has received the appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the units. The conditions of approval are listed in the Appendix. Prepared by: Respectfully submitted: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:\PDR\2005\PD2005 -87, The Glades, Klein Building Co. Ltd.wpd 2 PD- 2005 -87 ohn MacDonald Chief Administrative Officer November 7, 2005 3 PD- 2005 -87 1. Approval applies to the Glades Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited, dated September 26, 2005 showing a phased development containing a total of 16 townhouse units. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer submit a request to Fire Services to designate through municipal by -law a fire access route on the property, if required. 5. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 6. The developer provide five copies of the pre registration plan to Planning Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 7. The developer comply with the Regional Municipality of Niagara's "Collection of Waste by Way of Entry on Private Property" Policy (PW2.W07) and enter into an Indemnity Agreement with the Regional Municipality of Niagara to the satisfaction of the Regional Niagara Public Works Department, and further, that "no parking" signs be provided along the internal driveway. 8. The developer provide, if necessary, measures to mitigate any noise or odour impacts from the adjacent Kalar Road Sewage Pumping Station to the satisfaction of the Regional Public Works Department and that the following warning clause be included in the condominium agreement: Clearance of Conditions APPENDIX Conditions of Draft Plan of Condominium Approval "Purchasers are advised that due to the close proximity to the Kalar Road Sewage Pumping Station there may be periodic emissions of unpleasant odours and noise from the normal or emergency operations of this facility for an unspecified duration, which may adversely affect the residents of this development." Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Conditions 7 and 8 Proposed Plan of Condominium The Glades 26CD -11- 2005 -04 Subject Land KAGIS_RequcfM2005\Schedules\Co dos\Kalar1npping.epr 1 1 1 1 re SCHEDULE 1 Location Map COSTABILE DR ALPINE DR 1: NTS October 2005 SCHEDULE 2 iGn ^:R6ria^ 0000 )$0a1NO99 N �.x lai ovoa avIv31 Co J a 3y LL R 6 r 1 a 9fa'C O 05040Vd LYYZ 1 W OLYI 1 019'5 0 1— z 0 co Z 564'40 0 1— Z M,IZ.IN M,90.09 Rom ROwaM.p 0f z 0 8. 0 0065 u9 .ws 149,■ ■9,_.• f (0[910 -11 'ON 11M d;!- �Y\ LNI SV 114303593 01 103'415)) I t ,,\g�a\ 3 1 F 0 .Z£ .0 ,s�s� 4 0o z 50018 a X30`1£1 (1-6 1 99 5101 40459001 0110/5915 5330136 33NVM0119 09 900 00 100) (L0= 565 Mold NO moos A OM loONN .2ANN01 59) V •O� GY IY V 4 <O F z To 0N� 00155 00'01 00' 0001 CO x00'1a to 6S X009 9,1.9- .1.9-09 00.....9..w0N Wens The City of I Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department PD- 2005 -88 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 November 7, 2005 Re: PD- 2005 -88, Request for Removal of Part Lot Control Lots 33, 34 49, Registered Plan 59M -324 Brittany Court (Garner Estates Phase 4) Owner: Mountainview Homes 1) Council approve the request and pass the by -law included in tonight's agenda to designate Lots 33, 34 49, Registered Plan 59M -324, as exempt from Part Lot Control; and 2) the applicant be required to notify the City when the separate deeds have been registered. In a letter dated October 12, 2005, the applicant submitted a request to remove these properties on Brittany Court, west of St. Michael Avenue, from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject lands are within the Garner Estates Phase 4 plan of subdivision that was registered in September 2004. Construction of the semi detached dwellings on the properties was initiated this past summer and separate connections for water services, sanitary and storm sewer laterals were provided for each unit. The attached Reference Plans 59R -12787 (Schedule 2) and 59R -12879 (Schedule 3) show the configuration of the lots, building foundations and centreline of the common wall between the units. Schedule 2 also indicates land at the south limit of Lot 49 with a servicing easement to the City. The land is appropriately zoned Residential Single Family and Two Family (R2) through Zoning By -law No. 79 -200 and the building setbacks satisfy the zoning provisions. Approval of a Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 PD- 2005 -88 CONCLUSION: The removal of Part Lot Control will permit the division of the lots to allow separate ownership of each semi detached unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Prepared by: Richard Wilson Planner 2 1: T. Rave Executive Director of Corporate Services Recommended by: Doug Darbyson Director of Planning Development Approved by: RW:gd Attach. S:\PDR\2005\PD2005 -88, Part Lot Control, Mountainview Homes, Brittany Court.wpd pectfully submitted: 44-4( hn MacDonald Chief Administrative Officer October 12, 2005 City of Niagara Falls Planning and Development P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Rick Wilson Re: Removal of Part Lot Control MOUNTAINVIEW HOMES Please accept this statement of intent as our application to have Part Lot Control removed for the lands known as Parts 1, 2, 3, and 4 of Reference Plan 59R- 12879, and Parts 1, 2, 3, and 4 of Reference Plan 59R- 12787. The semis which have been erected on the aforementioned lands are in accordance with the applicable zoning, and it is our intent to deed these lands to individual purchasers at their respective times of closing. Please find enclosed herewith copies of the registered Reference Plans to aid in the application, and a cheque in the amount of $250.00 to meet the City's administrative costs. Should the City have any questions or concerns, please contact the undersigned. We appreciate all efforts to expedite this application. Respectfully, RECEIVED OCT 12 2005 PLANNING DEVELOPMENT 3350 Merrittville Highway. Unit #9. Thorold. ON L2V 4V6 Tel: 905- 688 -3100 Fax: 905- 688 -5524 E -mail: homes ®mountainview.com www.mountainview.com Removal of Part Lot Control Lots 33, 34 49, Registered Plan 59M -324 Brittany Court Subject Land K: U" iIS _Requestss\2005\Schedules\ PLC \Brittany Caurt\mapp flg.apr SCHEDULE 1 Location Map 1:NTS October 2005 SCHEDULE 2 r rc cc 0) cc a 5 a v °o 0 CO lL vN 0 M 0 2 F- -I co J J oz CL CC W Q CD ZE N 0: Z Q n O O 0 LLI CLCC w 0 f c w w U 0) 0-' 0 cc w N 3 f9i'9f 000'fzf -a SPOIL V 00 =Z��tl2 <i3 3 �n 9 ir Q h6 o n Z 0000 o_o_o o_ o w 000 z !r O 00 O Y Z Q Y I w P m rcoi J mos k.7. -s CCOm '9Z NI'd 3f1N3AV 13VHDIW '1S 0■40■36 3 fGecu a) 0 NY 31S.ZfAm f TWA Al 3.0f.ss. N0045'00Y1 G 3.00 A -3.001 8 8 8 SCHEDULES 0 C N q ƒ k 2 8 f vrd c. sal a n ANyii9 R o -J u a 3. tg Niagara Falls The City of Canada i Corporate Services Department PD- 2005 -89 Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: November 7, 2005 Re: PD- 2005 -89, Request for Extension to Draft Plan Approval Ascot Woods Extension 6 File: 26T -92003 Owner: Ascot Woods Limited Doug Darbyson Director It is recommended that Council support a one -year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. Conditions of the original draft plan approval for this subdivision indicate that final approval must be obtained within two years or the draft approval will lapse. Before the initial approval period passes, an extension to draft plan approval may be granted provided that a written request is received from the applicant which sets out the reasons for the delay and the steps being taken to resolve the required conditions of approval. In order to ensure that draft plans are not automatically extended without consideration being given to current Council policy, planning principles and contemporary requirements, requests for extensions of draft plan approval must satisfy certain criteria and review guidelines. As part of the conditions associated with the delegation of subdivision approval authority, the concurrence of the Region is required before an extension can be granted. Planning Review The developer has submitted a request for an extension to draft approval of the Ascot Woods Extension 6 Plan of Subdivision (see attached letter and location map). Original draft approval for the plan was received from the Region on September 15, 1994. Previous requests have been granted by Council to extend draft plan approval for the subdivision. In addition, a temporary extension was granted by staff as the anniversary of the formal approval date has passed and to allow a review of the request. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 PD- 2005 -89 The subdivision conforms to the City's Official Plan and the land is zoned appropriately. The plan consists of three blocks of land for residential apartments and a block for commercial use. There are no additional expenditures required on the part of the municipality for external or internal servicing or oversizing. The final registration of this subdivision plan is dependent on servicing availability. The Region has no objection to the extension of draft approval for a one -year period. The owner advises that marketing and development options are being explored for the site. CONCLUSION: Based on this review, a further one -year extension (until September 15, 2006) to draft plan approval can be supported, conditional on the subdivision sign being maintained for public information purposes. Prepared by: Richard Wilson Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: /a T. Ravenda Executive Director of Corporate Services RW:gd Attach. S:\PDR\2005\PD2005 -89, 26T- 92003, Ascot Woods Extension 6.wpd espectfully submitted: ohn MacDonald Chief Administrative Officer BRIAN SINCLAIR PROFESSIONAL CORPORATION September 27, 2005 Mr. Doug Darbyson Director of Planning Development City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Sir: BS /rd Encl. BRIAN N. SINCLAIR, Q.C. Barrister Solicitor 6617 Drummond Road, Niagara Falls, Ontario L2G 4N4 TEL: (905) 356 -7755 FAX: (905) 356 -7772 Re: Temporary Extension of Draft Plan Approval Ascot Woods Extention 6 Your File No. 16T -92003 Further to your letter of September 14, 2005, I would appreciate an extension of draft approval for the above subdivision and enclose herewith cheque of Ascot Woods Ltd. in the amount of $500.00 to cover your review fee. Yours faithfully, BRIAN SINCLAIR PROFESSIONAL CORPORATION Brian N. c.c. Mr. Corwin Cambray, Regional Planning Enclosed please find cheque of Ascot Woods Ltd. in the amount of $350.00 to cover the Region's fee herein. RECEIVED SE`~' 3 0 2005 PLANNING DEVELOPMENT Draft Plan of Subdivision Ascot Woods Extension 6 26T -92003 Subject Lands K: \GIS_Requests\2003\ Schedules \Subdivisions\ascot6\mapping. apr SCHEDULE 1 Location Map 1: NTS DOWri Wri N1agaraFa11 S Board of Management October 13, 2005 P.O. Box 5, Niagara Falls, Ontario L2E 6S8 Mayor R. (Ted) Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario P.O. Box 1023 L2E 6X5 Dear Members: Dorothy Duncan Administrative A sistant Downtown Board of Management Downtown Niagara Falls: Where Variety Makes the Difference Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com On behalf of the Nomination Chairman, please be advised that Scott Rogers, one of the elected officers to the Downtown Board of Management abruptly resigned in April of this year. At a regular Board meeting held August 2, 2005 the Board elected to not actively recruit for a new member, but to further discuss suitable applicants. At a recent special meeting held October 6, 2005 the Board selected Fayann Guilbeault, Barrister Solicitor as his replacement. City Council is being asked to ratify the appointment of this new member to the Board. Respectfully submitted I Correctional Service Canada Commissioner Ottawa, Canada K1A OP9 2005 Canada Service correctionnel Canada Commissaire RECEIVED OCT 2 1 2005 OFFICE OF THE ADMINISTRATOR Your file Votre reference Our file Notre reference As the new Commissioner of the Correctional Service of Canada (CSC), it gives me great pleasure to call upon all Mayors, Reeves, Councillors and Community Leaders from across Canada to proclaim Restorative Justice Week 2005. CSC has been an active partner in the restorative justice community for more than a decade and has been proud to provide leadership to the annual celebration of Restorative Justice Week since 1996. Restorative Justice Week 2005 will be held within Canada and throughout the world from November 13 through to November 20 The theme is "Wisdom Gained Through Experience" focussing on sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of restorative justice concepts and techniques. Things you could do as a leader in your community include the following: Declare proclaim Restorative Justice Week 2005. Please visit our website for a printable copy of a generic proclamation at: htta: /www. csc- scc. gc .ca/text/forum/restore2005/home e.shtml. Host a town hall meeting to promote an awareness of how restorative justice is expressed in your communities. Promote an open, respectful dialogue in an effort to help members of your community deal with issues such as conununity safety and relationship deterioration caused by conflict, in order to nurture the healing process. Invite a guest speaker(s) from your community involved in restorative justice to share their perspectives. You may find such speakers in local community organizations or contact CSC's Restorative Justice and Dispute Resolution Branch for a list of available speakers across the country at: RestorativeJustice(a ,csc- scc.gc.ca .../2 8 City of Niagara Falls Clerks Dept. c/o Dean Iorfida and City Council o pGARA FAL OPTIMISTS Since 1954, the Optimist Clubs across North America have recognized the accomplishments of youth in the home, school, church, and the community. Every November, the Optimist Club of Niagara Falls honours the youth of our city for their talents in the Arts, Academics, Athletics or for their contributions to the community through volunteering or involvement. In conjunction with our annual "Youth Appreciation Awards Night" we ask that you issue us a proclamation, proclaiming the week of November 20 26 2005 as "Youth Appreciation Week" in the City of Niagara Falls. We thank you in advance for this undertaking. Yours in Optimism ichael Carey Youth Activities Programs Chairman THE OPTIMIST CLUB OF NIAGARA FALLS P.O. Box 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 6S8 Phone: 905 358 -0033 Fax: 905 358 -9661 Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2005 -39 Nuisance By -law Our File No. 2005 -311 RECOMMENDATION: To enact a public nuisance by law. BACKGROUND: Corporate Services Department L- 2005 -39 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: kkelly @city.niagarafalls.on.ca November 7, 2005 Karen I. Kelly City Solicitor Council has directed that steps be taken to curb the proliferation of the use of property within the municipality for the growth, consumption and manufacture of illegal substances. This direction has been made as a result of information council has received indicating that properties being used for these activities are giving rise to health and fire hazards, Building Code violations, noise complaints and criminal activity. In response to this direction, Staff have prepared the attached by -law. This by -law was modelled on a by -law enacted by the City of Mississauga in order to respond to the same issues within the City of Mississauga. The by -law is intended to assist Staff and the Niagara Regional Police Services in their efforts to eradicate the use of property in this way. The By -law relies upon Council's specific powers as set out in sections 128 and 129 of the Municipal Act 2001; the general power set out in section 130 of the same Act, and any other power to enact such a by -law granted to this Council by Statute or common law. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 L- 2005 -39 By this by -law, Council identifies the use of property to manufacture a controlled substance as a public nuisance, prohibits this public nuisance and puts in place a mechanism to enforce the prohibition. The enforcement to this by -law will likely require the assistance and co- operation of the Niagara Regional Police Services. Staff will consult with the police service to establish whatever mechanisms are required to implement enforcement of the by -law. Patrick Burke Fire Chief Reco i e ed by: �/I SIG astrilli Recommended by: aren I. Kelly City Solicitor Approved by: Wfr erector of Building and By -law Services T. Ravenda Executive Director of Corporate Services Respectfully submitted: GJ1°� John MacDonald Chief Administrative Officer CITY OF NIAGARA FALLS By -law No. 2005- A by -law respecting the prohibition of the nuisance of controlled substance manufacturing operations. WHEREAS the health safety and well being of the residents of the City of Niagara Falls is based upon ensuring stable peaceful neighbourhoods; and WHEREAS the offensive trade and manufacture of controlled substances have been found to exist from place to place in the City of Niagara Falls; and WHEREAS such operations give rise to conditions that threaten the health, safety and well being of the residents of the City of Niagara Falls; and WHEREAS such operations also emit foul and offensive odours, and create threat of fire and electrical shock; and WHEREAS such operations are a source of criminal activity, attracting undesirable patrons; and WHEREAS these operations give rise to public nuisances; and WHEREAS the continued existence of these operations, unabated, is or will result in a threat to the health, safety and well being of the residents of the City of Niagara Falls and its neighbourhoods; and WHEREAS the prevention of such threats to health, safety and well being will safeguard the public; and WHEREAS pursuant to Section 128 of the Municipal Act, 2001, S.0.2001 c.8, as amended, the Council of the City of Niagara Falls may pass a by -law to define prohibit public nuisances; and WHEREAS pursuant to Section 129 of the Municipal Act, the Council of the City of Niagara Falls may prohibit noise, vibration, odour, outdoor illumination, including indoor lighting that can be seen outdoors; and WHEREAS pursuant to Section 130 of the Municipal Act, the Council of the City of Niagara Falls may regulate matters for purposes related to the health, safety and well -being of the inhabitants of the City of Niagara Falls; and WHEREAS the City can recover the costs of removing such public nuisances from the person or persons causing the public nuisance and or threat to the health and safety of the community. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions "City" means The Corporation of the City of Niagara Falls. "Controlled Substance" means a "controlled substance" as defined and described in Schedules I, II, and III of the Controlled Drugs and Substances Act, 1996, c.19, as may be amended from time to time, but does not include the trade or manufacture of a controlled substance that is permitted under that Act or otherwise lawfully licensed under any other City by -law. "Inspector" means the Manager of Licensing and /or By -Law Enforcement for the City, or designate and shall include any members of the Niagara Regional Police Services; "Occupant" includes; (1) -2- Part 1 Definitions a person residing on or in a property; (2) the person entitled to the possession of the property if there is no other person residing on or in the property; and (3) a leaseholder; and shall include the agent of any such person. "Owner" means a person who has any right, title, estate, or interest in property, other than that of an occupant, and shall include the agent of any such person. "Person" includes the natural person of either sex, associations, corporations, bodies politic, partnerships, whether acting by themselves or by a servant, agent or employee and the heirs, executors, administrators, successors and assigns or other legal representative of such persons. -3- "Property" means all real property, including, but not limited to, front yards, side yards, backyards, driveways, walkways, and sidewalks and shall include any building, structure or fence located on such real property. "Public Nuisance" means the use of property to use, distribute or manufacture a controlled substance or controlled substances in a manner that threatens or could threaten the health, safety and well being of any resident of the City of Niagara Falls. Part 2 Prohibition Prohibition of Controlled Substance Manufacture 2. No person, owner or occupant of property within the City of Niagara Falls shall permit or allow the property to become or remain a place for the trade, business or manufacture of a controlled substance. 3. No person, Owner or Occupant shall allow the property to be used in a noxious, offensive or unwholesome manner through the trade, manufacture, cultivating or distribution of a controlled substance. 4. No person, Owner, or Occupant of the property shall cause or permit, water, rubbish, or noxious or offensive or unwholesome matter to collect or accumulate around the property in connection with the manufacture, cultivation, trade or distribution, with the controlled substance. Part 3 Inspections and Notice 5. The Council may, by by -law, from time to time, appoint an Inspector and one or more assistant Inspectors for the purposes of this by -law or any member of the Niagara Regional Police Services shall be deemed to be an Inspector for the purposes of this by -law. 6. An Inspector may enter upon the property of any person at reasonable times and in a reasonable manner for the purposes of inspecting the property, and by way of written notice served upon the owner and/or occupant, declaring if the property is being used for in a manner that contravenes the provisions of this by -law and the requirements for compliance. -4- Part 4 Non Compliance 7. If an Owner or Occupant fails to comply with a written notice of an Inspector, the City through its employees or other persons, at reasonable times and in a reasonable manner, may enter the property and effect the compliance at the expense of the Owner or Occupant who has failed to comply. 8. If an Inspector enters the property pursuant to a legal search of the property and has to effect compliance with this by -law, the costs of all such compliance shall be at the expense of the Owner or Occupant. 9. The City shall deliver to the Owner or Occupant, written notice of the costs of the compliance. The notice may be delivered to the last known address of the Occupant or the registered address of the Owner, as identified on the City's assessment rolls. 10. In the event that the person who has failed to comply, fails to pay the costs of compliance within 90 days of the date of the written notice of compliance, the costs shall be added to and form part of the taxes payable on the property as taxes in arrears. Part 5 Offences and Penalties 11. Every person who contravenes provisions of this by -law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to the maximum fine permitted under Part III of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended or any successor legislation thereto, exclusive of costs. Part 6 Validity Interpretation 12. If a court of competent jurisdiction declares any section or part of a section of this by -law invalid, it is the intention of Council that the remainder of the by -law shall continue to be in force. -5- 13. (1) Words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one, and females as well as males and the converse. (2) A word interpreted in the singular number has a corresponding meaning when used in the plural. 14. This by -law may be referred to as the Controlled Substance Manufacture Operations Nuisance Prevention By -law. Passed this 7t day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005 November 7, 2005 November 7, 2005 Niagara Falls The City of Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: Community Services Department R- 2005 -57 Parks, Recreation Culture Adele Kon 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 -7404 E -mail: akon @city.niagarafalls.on.ca November 7, 2005 Re: R- 2005 -57 Selection of the Preferred Site for the Arena Complex Development Project That the 15 acre (6 hectares) property located within the former Cytec industrial property (4001 Fourth Avenue) offered at no cost to the City from Canadian Niagara Hotels be developed as the future site for the Niagara Falls Arena Complex, subject to the following conditions being met: 1. That a satisfactory memorandum of agreement be executed between the City and the "relevant parties" including Canadian Niagara Hotels and Cytec by December 31, 2005 that defines the respective roles and responsibilities of the three parties leading to the transfer of ownership. 2. That the City receive indemnification by the appropriate party(s) (i.e., Cytec and/or Canadian Niagara Hotels) from any responsibility and costs of any environmental issues that may arise from developing or using the Preferred Site. Indemnification should also be extended to cover any environmental effects /risks on the Preferred Site that may arise from adjacent lands that were used by Cytec for industrial purposes. 3. That Canadian Niagara Hotels provide to the City by March, 2006, a Record of Site Condition prepared by a "qualified professional" declaring the Preferred Site as environmentally suitable for the proposed twin pad arena and ancillary uses such as parking and access roads. 4. That site specific investigations be initiated at the Preferred Site to further confirm the suitability of the Preferred Site for the proposed arena complex. The site investigations should proceed at the same time as the other recommendations in order to meet the project development schedule. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 7, 2005 2 R-2005-57 BACKGROUND: The arena complex site selection process was undertaken by the Arena Complex Development Steering Committee with assistance from City Staff. The selection process used to identify the preferred site was considered by the Steering Committee at its October 18, 2005, meeting. The Steering Committee agreed that the Canadian Niagara Hotels (CNH) Site was preferred and should be developed as the site for the twin pad arena complex. The Arena Complex Development Project City Council decided to replace the Niagara Falls Memorial Arena with a twin pad complex. On October 3, 2005, it was decided that the arena complex should include a 2001 seat arena and a smaller 250 seat arena. The project development schedule includes the following milestones: November 7, 2005 Council's consideration and approval of the preferred site. November 2005 to March 2006 Site specific investigations at preferred site and completion of facility design. June 2006 initiate facility construction. September 2007 complete construction and open new arena complex. The arena development schedule is attainable if there are no delays encountered at any stage or decision point during the project. The Arena Site Selection Process The five -step site selection process, including the type and priority of evaluation criteria was accepted by City Council on May 16, 2005, and involves: Step #1 Development and Acceptance of Process (May 16, 2005) Step #2 Identification of "Long List" (August 8, 2005) Step #3 Determination of "Short List" (September 13, 2005) Step #4 Selection of "Preferred Site" (November 2005) Step #5 Confirmation of "Preferred Site" Suitability and Site Preparation (ongoing from November 2005) The selection process is a comparative evaluation which weighs the relative advantages and disadvantages of potential sites. The Step #4 evaluation compares a "short list" of sites and identifies a "Preferred Site" based on the relative importance of evaluation criteria. The Evaluation of "Short List" Sites The Steering Committee, at its September 13, 2005, meeting agreed to evaluate four "short list" sites that included one "offered" site and three City owned sites: 1. 4001 Fourth Avenue, being the Cytec Canada Inc. property, proposed by Canadian Niagara Hotels (The CNH Site). November 7, 2005 3 R- 2005 -57 2. A City -owned property located on Mewburn Road and adjacent to the now closed Mountain Road Landfill Site (The Mewburn Road Site). 3. A City -owned property located on the north -west corner of McLeod Road and Montrose Road (The McLeod/Montrose Site). 4. A City -owned property located on the north -east corner of Montrose Road and McLeod Road, part of this site is occupied by the MacBain Community Centre and the skatepark (The MacBain Community Centre Site). A comprehensive comparative evaluation of the four sites concluded that the CNH Site was the preferred location to establish the new arena complex. Reasons for Selecting the CNH Site The proposed arena complex is an excellent use to initiate the rehabilitation of a former industrial property. Comprehensive environmental investigations have concluded that there will be no risk to public health and safety of using this property for the proposed uses. The other advantages ofproceeding with the CNH Site as the Preferred Site for the Arena Complex Project are as follows: It is being offered by Canadian Niagara Hotels at no cost to the City. Development of this property could be an impetus to further development on this property and for other properties in this part of the City. The site is a former industrial property that has been vacant since 1992. An arena complex development with parking is a suitable redevelopment use for part of this property. The Cytec property, including the preferred site, is within the Brownfields Community Improvement Plan which encourages reuse of the land for community facilities. This is consistent with City and Provincial policy. The preliminary development costs are estimated to be lower than the other three sites. The CNH Site could be available to the City within the development schedule estimated if environmental clearances and site plan and building permit approvals are obtained no later than March 2006. The site size is significantly large to provide flexibility in the site design and could potentially be considered for future expansion purposes. Independent and comprehensive environmental investigations completed at this location concluded that the site is suitable for the proposed arena complex. There are no hazardous wastes or contaminant materials on the property being offered to the City. In the comparative evaluation of traffic, engineering and planning considerations by the respective City departments, the CNH Site ranked higher, or at least equal to the other three sites. November 7, 2005 4 R- 2005 -57 Adjacent land uses do not conflict with the proposed arena complex. Access roads have the capacity to accommodate forecasted traffic increases resulting from the arena complex. The site can potentially be accessed from at least two points including Stanley Avenue and also from Fourth Avenue. The site can also be accessed by visitors to the City arriving from the QEW via Thorold Stone Road or Highway 420 via Stanley Avenue. Matters That Must be Addressed The CNH Site If it is decided to proceed with the Arena Development Project at the CNH Site there are several important matters that must be addressed. These are considered significant issues with the potential to delay the project if these issues are not resolved within the scheduling milestones established for this project. However, Staff is confident these issues can be resolved and that proceeding with this site is preferred compared to other siting alternatives. The disadvantages of proceeding with the CNH Site are outweighed by the many advantages of developing the property and the anticipated positive effect on the future development of the surrounding lands which have been idle since 1992. It is important, however, to identify the possible implications of selecting the CNH Site and moving forward without these issues being fully resolved. These issues include: It is Staff's information that the CNH Site is owned by Cytec. The ownership and any agreements with Canadian Niagara Hotels have not been made available or reviewed by Staff. Canadian Niagara Hotels proposes that it will purchase the entire 38 hectare (93acre) property and provide, at no cost to the City, a 15 acre (6 hectare) parcel. The entire property will not be purchased by Canadian Niagara Hotels until it is deemed environmentally acceptable. This process may take several more months and perhaps years. In the interim, Canadian Niagara Hotels proposes to lease the Preferred Site to the City at a nominal rate (i.e., $1 per year). Since this transaction involves a third party (i.e., the owner, Cytec) there is a need to develop appropriate agreements to ensure that the City can proceed with the project without undue risk. The City must immediately engage legal assistance to research the "ownership" issue and prepare the necessary agreement(s) to facilitate the land transfer. Comprehensive environmental studies have been completed throughout the Cytec property and within the Preferred Site offered by Canadian Niagara Hotels. Contrary to public perception, these investigations have concluded that the Preferred Site is environmentally suitable for the proposed arena project and is not a risk to public health and safety. However, there is a process that must be followed to receive the necessary environmental clearances (referred to as a Record of Site Condition). This process is the responsibility of Cytec and may take several months to complete. Other approvals, including site plan approval and building permit issuance are contingent on or conditional to receiving a Record of Site Condition. As noted, this process could delay the project to the extent that the September 2007 opening is not met. To a ddress the above issues and the potential risks of moving forward, it is recommended that a "memorandum of agreement" be developed between the City, Canadian Niagara Hotels and Cytec that defines the roles, responsibilities and commitment of the three parties. The matter of indemnification November 7, 2005 5 R-2005-57 by Cytec and/or Canadian Niagara Hotels from potential environmental risks must also be addressed. A Record of Site Condition must also be prepared by a "Qualified Professional" that declares the CNH site as environmentally acceptable for the proposed uses. Elimination of Other "Short List" Sites The major reasons for eliminating the other three sites are summarized in Table 1. It was determined that the other three sites had location and development disadvantages t hat would result in higher development costs or significantly delay the implementation of the project. The MacBain Community Centre Site might be a suitable location for a twin pad arena complex although the configuration of the site would require an innovative and more costly design and construction approach. Another major disadvantage of the MacBain Community Centre Site is that it would not allow any future expansion of the arena complex. It is also noted that a twin pad arena complex would dominate the site unless significant and higher cost architectural modifications were employed to blend the building into the contours of the site. The Next Steps Step #5 If the CNH Site is accepted by City Council, then other site development work must be undertaken. The site development work would usually be completed after the recommended "conditions" of a "memorandum of agreement" and a Record of Site Condition are satisfied. However, if this project completion schedule is to be met, this work must be undertaken at the same time. This additional work is necessary to confirm the suitability of the CNH Site for the proposed arena complex use and to ensure the project development schedule (i.e., Fall 2007 opening) is met. The site specific investigations and supporting activities include: Continue with the community, stakeholder and user group consultation process. This should include working closely with the Mayor's Disability Advisory Committee. Initiating the architectural program in anticipation that ownership issues and environmental clearance will be completed by March 2005. Complete a legal survey of the property to establish the specific limits of the 15 acre site, prepare a reference plan and review property title. Undertake geotechnical investigations to establish design parameters. Determine the need for any other site specific investigations including an archaeological assessment. Complete a traffic assessment to determine site access preferences and to establish project costs for any road improvements and related works. Undertake a topographical survey of the site and prepare a contour plan to the level of detail necessary to initiate servicing and design activities. November 7, 2005 6 R- 2005 -57 Prepare a conceptual site plan and initiate approvals in consultation with Planning and Public Works. Work closely with the Building Services to ensure the design meets requirements and potential review and approval delays are mitigated. Determine the need and timing for a consent to sever the Preferred Site from the larger property. Establish detailed and comprehensive site preparation, servicing and development costs. Erect a large public notice at one or more key locations about the site to identify it as the future location of the arena complex. Conclusion The Arena Complex Development Steering Committee concluded that the recommended site is the preferred and most suitable site for the twin pad arena and for any future expansion of the arena complex. The site is considered environmentally acceptable for the proposed arena use and is not a risk to public health and safety. Staff is confident that ownership of the property can be transferred to the City in a timely manner. However, it is essential that the City move quickly with Canadian Niagara Hotels and its generous offer of a 15 acre site to address the implementation issues and potential risk of delay associated with accepting this location as the preferred site for the arena complex. This means that "ownership" issues and the timing to receive environmental clearance be completed as soon as possible and no later than March 2005. If there are any delays in addressing any of the development matters with this site the objective to open the arena complex by September 2007 will not be met. Prepared by: Rob McDonald Community Development Coordinator Recommended Asee on Director of Parks, Recreation Culture RM/das Attachment Respectfully submitted: John MacDonald Chief Administrative Officer S: \Council \Council 2005 \R 2005 -57 Selection of the Preferred Site for the Arena Complex Development Project.wpd "Short List" Site/Site Size Major Reasons for Eliminating "Short List" Site 1.Mewburn Road (Part of Availability of site to meet project schedule potentially Township Lots 7 14) effected by need to obtain Niagara Escarpment 36 ha (90 acres) Commission approvals and likelihood of success; Would require an environmental site assessment to determine its suitability for the proposed use because of its location adjacent to the former Mountain Road landfill; Development of an arena complex at this site would have the least impact on the future development of surrounding properties; The site is located outside the Urban Area Boundary and outside the Urban Service Area. Extension of urban services may not be permitted and Regional approvals are required. 2. North West Corner of Highest comparative development cost ($2+ million); McLeod Road and Significant site preparation/development works required Montrose Road 6.1 ha for this site to be suitable could potentially delay the (15 acres) project schedule; Property recently re -zoned for commercial purposes establishing a higher value and potential uses for the property that would be compromised by using all or part of the site for an arena complex; Significant road improvements would be required on Montrose Road to accommodate traffic increases from the development of a twin pad arena complex. TABLE 1 November 2005 SUMMARY OF DISADVANTAGES "SHORT LIST" SITES ELIMINATED Proposed Niagara Falls Arena Complex (Step #4) Table #1 cont'd... November 2005 3. MacBain Community Centre Site 4.9 ha (12 acres) Site configuration, site contours and existence of other uses (i.e. skatepark and MacBain Community Centre) would impact the siting of a twin pad at this location; Site size and configuration would not permit future expansion to a four pad arena; Second highest comparative development costs; Significant road improvements would be required on Montrose Road to accommodate traffic increases from the development of a twin pad arena comple; Arena building would dominate site unless architectural modifications undertaken at significant extra costs. The City of Niagara Falls Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: Community Services Department R- 2005 -58 Parks, Recreation Culture Adele Kon 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 -7404 E -mail: akon @city.niagarafalls.on.ca November 7, 2005 Re: R- 2005 -58 Addendum to Report R- 2005 -57 Selection of the Preferred Site for the Arena Complex Development Project That the 15 acre (6 hectares) property located within the former Cytec industrial property (4001 Fourth Avenue) offered at no cost to the City from Canadian Niagara Hotels be developed as the future site for the Niagara Falls Arena Complex, subject to the following conditions being met: 1. That a satisfactory memorandum of agreement be executed between the City and the "relevant parties" including Canadian Niagara Hotels and Cytec by December 31, 2005 that defines the respective roles and responsibilities of the three parties leading to the transfer of ownership. 2. That the City receive indemnification by the appropriate party(s) (i.e., Cytec and/or Canadian Niagara Hotels) from any responsibility and costs of any environmental issues that may arise from developing or using the Preferred Site. Indemnification should also be extended to cover any environmental effects /risks on the Preferred Site that may arise from adjacent lands that were used by Cytec for industrial purposes. 3. That Canadian Niagara Hotels provide to the City by September 2006, a Record of Site Condition prepared by a "qualified professional" declaring the Preferred Site as environmentally suitable for the proposed twin pad arena and ancillary uses such as parking and access roads. 4. That site specific investigations be initiated at the Preferred Site to further confirm the suitability of the Preferred Site for the proposed arena complex. The site investigations should proceed at the same time as the other recommendations in order to meet the project development schedule. 5. That the project schedule for the opening of the new Arena Complex be adjusted to reflect an opening of no later than September 2008. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 7, 2005 2 R- 2005 -58 BACKGROUND: Staff met on November 1, 2005 with representatives of Cytec, Canadian Niagara Hotels, and the Ontario Ministry of the Environment (MOE) to discuss the process and schedule to obtain a Record of Site Condition (RSC) for the Cytec property including the 15 acre site being offered by Canadian Niagara Hotels for the new arena complex. MOE advised that as of October 2005, the schedule to complete the RSC process must now address relatively recent provincial requirements. This means that our previous understandings as to the time required to obtain environmental clearance and obtain ownership of the 15 acres site are changed. This will require that Recommendation No. 3 of Report R- 2005 -57 (November 7, 2005) be amended. A fifth recommendation addressing the arena complex project schedule has now been provided. It reflects the need for additional time to complete the RSC process prior to the transfer of ownership and facility construction commencing. There are no amendments to Recommendations No. 1, 2 and 4 of Report R- 2005-57. The recommended changes to the project schedule do not change staff's conclusion that the Cytec Site is the preferred location for the arena complex. It remains staff's opinion that development of the Cytec Site for a n a rena c omplex r epresents a unique o pportunity to address a 1 ong t erm 1 and u se i ssue associated with this vacant property. The arena complex development is an important initiative to its future development for other more productive uses. The development of the arena complex also positively supports the City's application to secure a $2.5 million grant from the Federation of Canadian Municipalities, Green Municipal Funds Program. The MOE has indicated it will consider this a priority project in its review of the RSC process. Staff has reviewed the recommended changes to the project schedule with the public representatives of the arena user groups that sit on the Arena Complex Development Steering Committee. Although disappointed, the representatives understood the reasons for the delay and continue to support the selection of the Cytec Site for the arena complex. The Committee is anxious that this project proceed as expeditiously as possible and that the project be completed before September 2008. In conclusion, it is important to recognize that the RSC requirement represents a process and not an environmental issue. Staff is confident that the site is environmentally acceptable and poses no risk to public health and safety. Prepared by: espe tfully s .mitted: 4 (120 Rob McDonald Community Development Coordinator Recommended by: Adele Kon Director of Parks, Recreation Culture RM /das S: \Council \Council 2005 \R 2005 -58 Addendum to Report R- 2005 -57 Selection of the Preferred Site for the Arena Complex Development Project.wpd John MacDonald Chief Administrative Officer Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department PD- 2005 -83 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 @niagarafalls.ca November 7, 2005 Re: PD- 2005 -83 Green Municipal Fund (GMF) for Brownfields Redevelopment That Council support an application to the Federation of Canadian Municipalities (FCM) for funding under the Green Municipal Fund (GMF) to allow for the remediation of the Cytec lands at Thorold Stone Road and Stanley Avenue and, on the granting of such application, authorizing staff to negotiate and enter into an agreement. During the first week of October, the City became aware of the Green Municipal Fund which is a new funding opportunity for the remediation of brownfield sites. The Federal Government has provided funds to the Federation of Canadian Municipalities (FCM) that are being targeted for the remediation of Brownfield sites. The recent announcement will provide up to $20 million in low interest loans to municipalities. The program is to support the redevelopment of Brownfield lands owned by a municipal government or private developer. The primary incentive of this funding program is to utilize Federal Government funds to initiate the work necessary to remediate brownfield sites. The FCM provided a small window of opportunity and accepted Intent to Apply Applications from October 3 to October 14, 2005. Following contact with both Cytec and Canadian Niagara Hotels, it was decided to submit an Intent to Apply. The City's Intent to Apply Application was approved and the City is now required to submit a detailed proposal by November 28, 2005. It is expected that FCM will make decisions on applications during the spring of 2006. Staff is requesting Council's approval to proceed with the submission of a detailed proposal. The Cytec property is 93 acres in size and has a significant environmental history. If approved, the low interest loan would provide a significant jump start for the redevelopment of the Cytec lands. The remediation proposal involves the removal of contaminated soils and engineering capping of Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 2 PD- 2005 -83 the larger waste landfills on site. This process will allow the site to be used for business, commercial recreational and light industrial purposes and eliminate hazards to human health associated with these activities. Included in the 93 acres is an area which the City has an opportunity to utilize for a future twin pad arena complex. The area available to the City is outlined in the attached map and contained the former plant and offices. The estimated cost to undertake the remediation is $2,365,000 and will involve removal of soils and installation of capping, as well as groundwater monitoring wells. The application will involve a Type 2 Project Loan. These loans are provided to the City for private developers at a fixed interest rate for a term of 10 to 20 years and are to be used in the remediation of the brownfield site. The loan repayment begins when municipal tax increments resulting from increased property assessments are realized once the site is remediated and redeveloped. The loans will be of non recourse to the municipality as the Green Municipal Fund assumes the risk associated with the loan. The Cytec property is the largest brownfield site in Niagara Falls and the redevelopment of the property would have a significant benefit to the community by providing commercial recreational and employment opportunities. The redevelopment satisfies the Region's Smart Growth Strategy and would have a positive impact on the redevelopment of the City's Downtown Area. Prepared by: Bob Bolibruck Community Development Program Coordinator Recommended by: and BB:tc Attachment Doug Darbyson erge Felicetti Director of Business Development Approved by: ‘1 ff T. Ravenda Executive Director of Corporate Services Respectfully submitted: MacDonald Director of Planning Development hief Administrative Officer S:\PDR\2005\PD2005 -83 Green Municipal Funding (GMF) for Brownfields Redevelopment.wpd PROPERTY AVAILABLE TO THE CITY Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2005 -50 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $36,995,914.89 for the period September 21 to October 25, 2005. BACKGROUND: The accounts have been reviewed by the Director of Finance and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: K. E. Burden Director of Finance Approved by: 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 T. Ravenda Executive Director of Corporate Services Corporate Services Department F 2005 50 November 7, 2005 Respectfully submitted: /1,./H '4v11 John MacDonald Chief Administrative Officer Kenneth E. Burden Director Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 103446 ONTARIO INC 1198891 ONTARIO INC O/A PENINSULA CONSTRUCTIO 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSU 1386350 ONTARIO INC COB L F ENTERPRISES 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 1473944 ONTARIO LIMITED 2 GUY'S GLASS INC 2 GUY'S GLASS INC 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 504802 ONTARIO INC O/A JCJ CONTRACTING 775657 ONTARIO INC 867962 ONTARIO LTD 984265 ONTARIO LTD aka CIRCLE P PAVING A B C RECREATIONAL LTD A CAPPELLA NIAGARA MEN'S CHORUS A J STONE COMPANY LTD A L G SAFETY A -1 HYDRANT SERVICES LTD AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ABBEY DEMOLITION ABSOLUTE COMMUNICATIONS DESIGN ACKLANDS GRAINGER INC ACTION CORPORATION ADT SECURITY SERVICES CANADA INC ADT SECURITY SERVICES CANADA INC ADVANCE TOWING ADVANCE TOWING ADVANTAGE RESTAURANT SUPPLY SERVICE AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,TAMMY AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC AIR LIQUIDE CANADA INC ALAN H. MCFARLANE MD FRCP PROFERSSOR EMERI" ALBANESE,LORI ALDOR BUILDERS LTD ALDOR BUILDERS LTD ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL GREEN IRRIGATION ALLAN,EMILY ANDERSON,RAY ANNEX PUB PRINTING INC BOOK DIVISION ANTONIO,CHUCK AQUICON CONSTRUCTION CO LTD ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND LTD AREO -FIRE ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD AUTODESK INC Cheque No. Cheque Date Purpose 296659 296585 296266 296660 296437 296438 296267 296439 296108 296440 296661 296662 296663 296493 296665 296666 296272 296274 296441 296109 296268 296664 296269 296110 296442 296443 295972 296667 296111 296444 296445 295973 296668 295974 296270 296446 296669 296271 296670 296351 296273 295975 296671 295976 296113 296672 296447 296114 295977 296448 296449 296275 296115 296450 296451 296673 295978 296276 296674 25- Oct -2005 18- Oct -2005 12- Oct -2005 25- Oct -2005 18- Oct -2005 18- Oct -2005 12- Oct -2005 18 -Oct -2005 04- Oct -2005 18 -Oct -2005 25- Oct -2005 25- Oct -2005 25- Oct -2005 18- Oct -2005 25- Oct -2005 25- Oct -2005 12- Oct -2005 12- Oct -2005 18- Oct -2005 04- Oct -2005 12- Oct -2005 25- Oct -2005 12- Oct -2005 04- Oct -2005 18- Oct -2005 18- Oct -2005 27- Sep -2005 25- Oct -2005 04- Oct -2005 18- Oct -2005 18 -Oct -2005 27- Sep -2005 25- Oct -2005 27- Sep -2005 12 -Oct -2005 18- Oct -2005 25- Oct -2005 12 -Oct -2005 25 -Oct -2005 12- Oct -2005 12- Oct -2005 27- Sep -2005 25- Oct -2005 27- Sep -2005 04 -Oct -2005 25 -Oct -2005 18- Oct -2005 04- Oct -2005 27- Sep -2005 18 -Oct -2005 18- Oct -2005 12- Oct -2005 04 -Oct -2005 18 -Oct -2005 18 -Oct -2005 25- Oct -2005 27- Sep -2005 12 -Oct -2005 25- Oct -2005 AP5200 REFUND CONTRACT SERVICES CONSULTING SERVICES REFUND CONTRACT SERVICES ADMINISTRATIVE MATERIALS MATERIALS REMITTANCE REMITTANCE CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES MATERIALS REMITTANCE MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS REMITTANCE MATERIALS MATERIALS ADMINISTRATIVE CONTRACT SERVICES SUPPLIES MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES MATERIALS Page 1 Amount 107.00 402.32 41,481.10 549.52 195,743.23 18,200.00 179.69 430.95 57.49 8.99 3,884.61 99.40 750.00 142,453.16 18, 756.96 150.00 331.20 442.75 4,552.85 128.40 345.00 136.28 25,145.00 690.00 1,851.74 312.43 83.59 83.59 224.70 32.10 2,411.55 1,905.07 84.15 76.10 2,627.67 5,822.19 7,702.83 10.34 10.01 1,872.50 87.35 156,269.34 159,520.61 296,886.09 12,510.89 77,138.87 82.39 500.00 100.00 129.42 28.70 47,350.71 82.87 129.74 191.41 13,115.75 3,182.14 1,270.30 8,583.24 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name AUTOGRAPHIX AVENUE ROOTS AVENUE ROOTS AVILA,VIRGILIO& AVILA, LIZETTE AZTEC FRAMES B M AWNINGS BAIOCCO CONST CORP BALDINELLI,LOUIE BANK OF MONTREAL BANK OF MONTREAL BARBISAN,PETER BARCLAY TODD'S BARNSLEY,JOHN BARON ROOFING SIDING LTD BATEMAN,DOLORES BATTLEFIELD ADVERTISING BATTLEFIELD EQUIPMENT RENTALS BAZINET,MARK& BAZINET, LEE BEDNARCZYK,ARKADIUSZ BEHRENDS BRONZE INC BELL,WILLIAM BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BELL MOBILITY BELL MOBILITY PAGING BENEST,FRANK D& BENEST, EDITH W BETTY'S RESTAURANT BIASI,CARMINE BICKLE MAIN INDUSTRIAL SUPPLY BIRD,KEN BODKIN LEASING BOLDT POOLS LTD BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUTILIER,J BOYLE,MARGARET BOYLE,MARGARET BOYS GIRLS CLUB OF NIAGARA BOYS GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BRODERICK PARTNERS BROMAC CONST ENG LTD BROUGH,JOHN BROWNS SEPTIC SERVICE LTD BRUNNER,PETER& BRUNNER, JOAN BRYCE,ANDREW BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BUONAMASSA,GUISEPPE BURDEN,KEN 296116 296117 296277 296675 296118 295985 295979 296119 296278 296676 296279 296280 296281 296454 296282 296651 295980 296456 296677 296458 296679 295981 296120 296460 296461 296462 296678 295982 296463 296464 296680 296681 296465 296466 296467 296468 296122 296123 296470 296124 296125 296471 296472 296682 296683 296473 296684 296475 296126 295988 295989 296686 296283 295990 296127 296476 296688 296284 296128 04 -Oct -2005 04- Oct -2005 12- Oct -2005 25- Oct -2005 04- Oct -2005 27- Sep -2005 27- Sep -2005 04- Oct -2005 12- Oct -2005 25- Oct -2005 12- Oct -2005 12- Oct -2005 12- Oct -2005 18 -Oct -2005 12- Oct -2005 19 -Oct -2005 27- Sep -2005 18- Oct -2005 25 -Oct -2005 18 -Oct -2005 25- Oct -2005 27- Sep -2005 04- Oct -2005 18 -Oct -2005 18- Oct -2005 18 -Oct -2005 25- Oct -2005 27- Sep -2005 18- Oct -2005 18- Oct -2005 25- Oct -2005 25- Oct -2005 18 -Oct -2005 18- Oct -2005 18- Oct -2005 18- Oct -2005 04- Oct -2005 04- Oct -2005 18- Oct -2005 04- Oct -2005 04- Oct -2005 18- Oct -2005 18- Oct -2005 25- Oct -2005 25 -Oct -2005 18- Oct -2005 25- Oct -2005 18 -Oct -2005 04- Oct -2005 27- Sep -2005 27- Sep -2005 25 -Oct -2005 12- Oct -2005 27- Sep -2005 04- Oct -2005 18- Oct -2005 25- Oct -2005 12 -Oct -2005 04- Oct -2005 AP5200 Cheque No. Cheque Date Purpose MATERIALS CONTRACT SERVICES CONTRACT SERVICES REFUND MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES ADMINISTRATIVE REFUND REFUND REFUND MATERIALS ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE MATERIALS LEASES AND RENTS REFUND REFUND MATERIALS REFUND UTILITIES REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES REFUND MATERIALS REFUND MATERIALS MAINTENANCE AND REPAIRS LEASES AND RENTS REFUND CONSULTING SERVICES CONTRACT SERVICES REFUND ADMINISTRATIVE REFUND GRANT MATERIALS CONTRACT SERVICES MATERIALS MATERIALS CONSULTING SERVICES CONTRACT SERVICES REFUND MAINTENANCE AND REPAIRS REFUND ADMINISTRATIVE SUPPLIES SUPPLIES MATERIALS SUPPLIES REFUND ADMINISTRATIVE Page 2 Amount 144.90 11,556.00 1,139.55 34.39 1,311.00 54.05 295,282.84 125.91 550.00 130.00 324.00 486.33 125.66 16,761.02 96.00 1,669.93 415.00 497.32 125.00 3,596.05 125.00 8,979.42 511.57 115.00 140.45 9,275.11 94.48 728.12 841.50 41.30 337.43 300.00 15.00 100.05 2,615.00 445.33 1,050.00 601.34 15,286.19 118.43 210.58 268.39 17, 500.00 100.00 863.27 286.93 30.85 13,136.15 1,611.42 125.00 628.25 205.47 65.64 468.14 438.92 822.22 2,382.58 750.00 213.11 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BURKE,PATRICK BURKE,PATRICK BUSINESS EDUCATION COUNCIL OF NIAGARA BUSINESS EDUCATION COUNCIL OF NIAGARA C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CAN AM INSTRUMENTS LTD CANADA LAW BOOK CANADIAN BAR ASSOCIATION CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL CANADIAN NIAGARA POWER CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANAL,LAURA CANAVAN,WENDY CANTEC SECURITY SERVICES CANTEC SECURITY SERVICES CAPORICCI,GUY CARRICK,MARZENNA CARSWELL CARSWELL CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CENTENNIAL CONSTRUCTION CENTRE FOR CREATIVE THINKING CENTURY VALLEN CERIDIAN CANADA LTD CHAMBERS WATER HAULAGE INC CHAMPION ROAD MACHINERY SALES CHAMPION ROAD MACHINERY SALES CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHRIS TURNER ASSOCIATES INC CHRIST CHURCH CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF ST CATHARINES CITY OF ST CATHARINES CLAYDON,JEFF CLIFTON HILL BIA COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC 296285 296477 296286 296689 296000 296500 296706 296479 296482 296650 296129 296287 296481 296483 296691 296130 295994 296478 295991 296484 296692 296131 296288 296132 296289 296486 296693 296487 296489 295996 296133 296290 296490 296491 296694 296134 296291 296695 296099 296292 296652 296293 296494 296696 296135 295997 296294 296495 296496 296697 295998 296433 296698 296136 296001 296137 296295 296497 296699 12- Oct -2005 18- Oct -2005 12- Oct -2005 25 -Oct -2005 27- Sep -2005 18 -Oct -2005 25- Oct -2005 18- Oct -2005 18- Oct -2005 18 -Oct -2005 04 -Oct -2005 12- Oct -2005 18- Oct -2005 18- Oct -2005 25 -Oct -2005 04- Oct -2005 27- Sep -2005 18- Oct -2005 27- Sep -2005 18 -Oct -2005 25 -Oct -2005 04 -Oct -2005 12 -Oct -2005 04- Oct -2005 12- Oct -2005 18- Oct -2005 25- Oct -2005 18- Oct -2005 18- Oct -2005 27- Sep -2005 04 -Oct -2005 12 -Oct -2005 18- Oct -2005 18- Oct -2005 25- Oct -2005 04- Oct -2005 12 -Oct -2005 25 -Oct -2005 27- Sep -2005 12- Oct -2005 19 -Oct -2005 12 -Oct -2005 18 -Oct -2005 25 -Oct -2005 04 -Oct -2005 27- Sep -2005 12- Oct -2005 18- Oct -2005 18 -Oct -2005 25 -Oct -2005 27- Sep -2005 12 -Oct -2005 25- Oct -2005 04- Oct -2005 27- Sep -2005 04- Oct -2005 12- Oct -2005 18 -Oct -2005 25- Oct -2005 AP5200 Cheque No. Cheque Date Purpose LEASES AND RENTS ADMINISTRATIVE DONATION MATERIALS CONSULTING SERVICES CONTRACT SERVICES LEASES AND RENTS MATERIALS MATERIALS REMITTANCE MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS CONTRACT SERVICES REFUND CONTRACT SERVICES MATERIALS REFUND REFUND CONTRACT SERVICES CONTRACT SERVICES REMITTANCE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS LEASES AND RENTS CONTRACT SERVICES REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS CONSULTING SERVICES ADMINISTRATIVE REFUND LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS LEASES AND RENTS REMITTANCE ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE MATERIALS REMITTANCE ADMINISTRATIVE ADMINISTRATIVE UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES Page 3 Amount 387.65 138.88 26,284.00 175.00 2,938.22 6,735.92 5,696.15 97.75 128.13 552.70 144.45 1,428.45 793.41 3,082.72 4,369.89 910.33 634.63 750.00 20.00 3,794.64 250.54 45.00 61.19 108.39 128.51 86.42 220.87 723.35 18,246.08 428.00 197.48 2,303.02 178.00 2,849.23 15,411.11 196.81 152.36 1,215.89 3,174.16 150.00 620.61 1,143.11 108.58 1,285.54 4,347.00 32,523.17 919.10 248.40 260.00 26,365.84 2,081.70 4,211.00 73.85 3,750.00 203.14 259.88 213.90 303.76 310.09 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COLAUTTI,JOSEPH COLLINS SAFETY O/A 3077225 CANADA INC COLLINS SAFETY O/A 3077225 CANADA INC COLLINS SAFETY 0/A 3077225 CANADA INC COMMISSIONAIRES COMMISSIONAIRES CORSARO CLASSIC ENGRAVING INC CORSINI,GUY COSTELLO, BRIAN COUTINHO,CLAUDE& COUTINHO, JOYCE CRANFIELD,JAMES CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD SMITH SWALLOW CREDIT UNION OF CENTRAL ONTARIO CREDIT UNION OF CENTRAL ONTARIO CRYDERMAN,GEORGE CULLIGAN CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 COPE LOCAL 133 CUTTS,FRANK CUVIELLO,VINCE CYGNAL TECHNOLOGIES CZAJKOWSKI,WIKTOR DARBYSON,DOUG DAVID LANGLOIS META PHYSICAL THEATRE CO DAVID SCHRAM ASSOCIATES DAVIS COMPANY LLP DEGIORGIO,KAREN ANN DEKAY,PAUL DELAGE,JODI LYNN DELCAN CORPORATION DELCAN CORPORATION DELDUCA,MARY C DELL COMPUTER CORPORATION DELL MCPHADEN,MARILYN DELPHI DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGNS BY SEAN CANADA INC DEVRON PIPE SALES DI BACCO,RINA DIMARTINO,VITO DIRECT IT CANADA INC DIRISIO,ENRICO& DIRISIO, JOANNE DISTRICT SCHOOL BOARD OF NIAGARA DMA PLANNING MAN SERVICES DONE RITE GENERAL CONTRACTING DOUBLETREE RESORT LODGE SPA FALLSVIEW DOUGLAS,JAMIE DOWNTOWN BOARD OF MANAGEMENT DREN,KARL DREW CANADA DROLET,MARC DUERKSEN,ANGELA AP5200 Cheque No. Cheque Date Purpose 296700 25 -Oct -2005 296002 27- Sep -2005 296138 04- Oct -2005 296701 25- Oct -2005 296296 12 -Oct -2005 296498 18- Oct -2005 296297 12- Oct -2005 296702 25 -Oct -2005 296298 12 -Oct -2005 296703 25- Oct -2005 296704 25- Oct -2005 296139 04- Oct -2005 296299 12 -Oct -2005 296499 18- Oct -2005 296300 12- Oct -2005 296301 12- Oct -2005 296705 25- Oct -2005 296140 04- Oct -2005 296501 18 -Oct -2005 296003 27- Sep -2005 296141 04- Oct -2005 296302 12 -Oct -2005 296502 18- Oct -2005 296707 25- Oct -2005 296142 04- Oct -2005 296708 25 -Oct -2005 296503 18- Oct -2005 296709 25 -Oct -2005 296004 27- Sep -2005 296180 04- Oct -2005 296710 25- Oct -2005 296504 18- Oct -2005 296711 25 -Oct -2005 296005 27- Sep -2005 296505 18- Oct -2005 296006 27- Sep -2005 296144 04 -Oct -2005 296712 25 -Oct -2005 296145 04 -Oct -2005 296007 27- Sep -2005 296303 12- Oct -2005 296304 12- Oct -2005 296506 18 -Oct -2005 296507 18- Oct -2005 296305 12 -Oct -2005 296306 12- Oct -2005 296146 04- Oct -2005 296508 18- Oct -2005 296713 25- Oct -2005 296008 27- Sep -2005 296714 25 -Oct -2005 296009 27- Sep -2005 296715 25 -Oct -2005 296716 25- Oct -2005 296147 04- Oct -2005 296307 12 -Oct -2005 296308 12- Oct -2005 296010 27- Sep -2005 296148 04- Oct -2005 REFUND MATERIALS MATERIALS 4 ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REFUND REFUND UTILITIES ADMINISTRATIVE REMITTANCE ADMINISTRATIVE REFUND REFUND REFUND MAINTENANCE AND REPAIRS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REFUND REFUND MATERIALS REFUND ADMINISTRATIVE LEASES AND RENTS CONSULTING SERVICES CONSULTING SERVICES REFUND MATERIALS REFUND CONSULTING SERVICES CONTRACT SERVICES REFUND EQUIPMENT CONSULTING SERVICES ADMINISTRATIVE 4 MATERIALS MATERIALS MATERIALS REFUND REMITTANCE MATERIALS REFUND REMITTANCE CONSULTING SERVICES MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE Page 4 Amount 129.37 115.00 253.00 115.00 20,036.08 17,129.99 10,000.00 394.80 413.77 991.86 67.36 1,107.40 4,233.60 2,959.60 39, 055.00 538.06 30.00 125.00 229.52 3,246.03 3,154.09 3,066.31 3,155.94 3,313.84 750.00 125.00 7,837.55 750.00 604.81 107.00 8,280.73 16,566.45 1,287.74 170.79 1,050.00 2,747.23 38,983.59 232.59 534.75 1,909.69 952.00 376.60 4,719.10 1,500.00 510.03 297.00 45.00 53,894.44 757.46 6,664,403.00 3,210.00 963.00 1,446.79 501.12 45,000.00 232.10 247.71 47.26 103.39 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name DUERKSEN,ANGELA DUFFERIN CONCRETE DUFFERIN CONCRETE DUFFERIN CONCRETE DUFFERIN CONCRETE DUFFERIN CONCRETE DUFFY HOMES DUNKLEY,SUSAN DUPUIS,ULY ECONOMY PAVING CO ST CATHARINES LTD ELLIS ENGINEERING INC EMCOMP CONSULTANTS INC EMERALD EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ERINDALE MACHINE REPAIR INC ESSEX,JERRY ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLSVIEW BIA FARHAT,ALI FELICETTI,ANNY FEREN,KRISTEN FINE GRADE CONSTRUCTION FIRE MARSHALS PUBLIC FIRE SAFETY COUNCILS DIS FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRST GENERAL SERVICES FIRSTLINE MORTGAGES FLETT BECCARIO FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORGETFULLL DEE CLOWN AND FRIENDS FORTE,ANTONIO FOSS,HAZEN FRANCOTYP POSTALIA TELESET FRANK COWAN COMPANY LIMITED FRANK J ZAMBONI CO LTD FRANK J ZAMBONI CO LTD FROEHLICH,DIRK FUELMAKER CORPORATION Cheque No. Cheque Date Purpose 296717 296011 296149 296309 296509 296718 296719 296510 296150 296720 296152 296310 296012 296153 296721 296013 296311 296513 296722 296014 296015 296312 296313 296314 296155 296016 296156 296315 296514 296017 296157 296723 296316 296317 296515 296724 296159 296725 296318 296726 296319 296517 296518 296519 296728 296160 296520 296161 296320 296729 296730 296018 296521 296321 296322 296162 296323 296163 296324 25 -Oct -2005 27- Sep -2005 04- Oct -2005 12- Oct -2005 18- Oct -2005 25- Oct -2005 25 -Oct -2005 18- Oct -2005 04- Oct -2005 25- Oct -2005 04 -Oct -2005 12 -Oct -2005 27- Sep -2005 04 -Oct -2005 25- Oct -2005 27- Sep -2005 12 -Oct -2005 18- Oct -2005 25- Oct -2005 27- Sep -2005 27- Sep -2005 12- Oct -2005 12- Oct -2005 12- Oct -2005 04- Oct -2005 27- Sep -2005 04 -Oct -2005 12 -Oct -2005 18- Oct -2005 27- Sep -2005 04- Oct -2005 25 -Oct -2005 12- Oct -2005 12 -Oct -2005 18- Oct -2005 25- Oct -2005 04- Oct -2005 25 -Oct -2005 12- Oct -2005 25- Oct -2005 12- Oct -2005 18- Oct -2005 18- Oct -2005 18 -Oct -2005 25 -Oct -2005 04 -Oct -2005 18 -Oct -2005 04 -Oct -2005 12 -Oct -2005 25 -Oct -2005 25 -Oct -2005 27- Sep -2005 18- Oct -2005 12 -Oct -2005 12- Oct -2005 04 -Oct -2005 12- Oct -2005 04 -Oct -2005 12 -Oct -2005 AP5200 ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS REFUND REFUND MATERIALS CONTRACT SERVICES CONSULTING SERVICES CONSULTING SERVICES MATERIALS CONTRACT SERVICES MAINTENANCE AND REPAIRS UTILITIES UTILITIES UTILITIES UTILITIES CONTRACT SERVICES CONSULTING SERVICES CONTRACT SERVICES MATERIALS REFUND ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS MATERIALS MATERIALS SUPPLIES SUPPLIES ADMINISTRATIVE REFUND ADMINISTRATIVE REFUND CONTRACT SERVICES MATERIALS CONTRACT SERVICES MATERIALS MAINTENANCE AND REPAIRS REFUND REFUND MATERIALS MATERIALS MATERIALS REMITTANCE REFUND REFUND LEASES AND RENTS CONSULTING SERVICES MATERIALS MATERIALS REFUND MATERIALS Page 5 Amount 404.28 1,171.62 1,233.72 1,205.35 3,339.00 2,049.10 1,500.00 17.25 201.05 40,806.81 32,302.44 208.65 187.25 374.50 187.25 1,536.87 255.91 3,715.29 1,294.19 26,866.16 2,148.03 128.40 48.30 65.00 235.48 9,117.43 1,042.68 2,646.15 92.60 1,048.60 214.00 160.50 3,901.97 1,039.20 346.33 771.88 25,000.00 750.00 276.00 393.34 220,277.32 1,362.75 267.50 76.27 2,154.19 337.38 6.00 2,236.27 325.07 2,881.77 500.00 750.00 57.50 203.55 7,699.55 710.58 1,716.09 750.00 58.33 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name G F TRUCK BODY MFG G K SERVICES CANADA INC GALBRAITH ELECTRIC LTD GALES GAS BARS GALES GAS BARS GALT KNIFE CO LTD GATTI,ANTONIO& GATTI, CLARA GE POLYMERSHAPES GEORGE SKELDING LANDSCAPING 816146 ONTARIO I GERRIE ELECTRIC WHOLESALE LTD GHOBRIAL,NAGI& GHOBRIAL, NAGWA GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GOFORTH,HANYA GOLFINN INTERN INC GRADY,PAUL& GRADY, ALLYSON GRAFTON UTILITY SUPPLY LTD GRASSWORKS LAWN MAINTENANCE GRASSWORKS LAWN MAINTENANCE GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAZIANI,KAREN GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT GREENLAWN GREENLAWN GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUY PELLEGRINO CONSTRUCTION HALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALLTECH ENVIRONMENTAL INC HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HANSON,GERALD& HANSON, EVA HARD ROCK PAVING CO HARD ROCK PAVING CO HECO HECO HECO HECO HELIAS ENTERPRISES LTD HERTZ EQUIPMENT RENTAL HICKEY,NEAL HICKS MORLEY HAMILTON STEWART STORIE LLP Cheque No. Cheque Date Purpose 296658 296327 296019 296020 296522 296325 296731 296326 296732 296164 296733 296021 296165 296328 296524 296734 296525 296526 296329 296735 296022 296736 296023 296166 296330 296528 296737 296167 296024 296738 296025 296529 296530 296739 296026 296168 296531 296740 296169 296532 296027 296028 296331 296533 296741 296029 296534 296742 296743 296170 296744 296030 296332 296535 296745 296746 296333 296334 296536 21- Oct -2005 12- Oct -2005 27- Sep -2005 27- Sep -2005 18 -Oct -2005 12- Oct -2005 25- Oct -2005 12- Oct -2005 25 -Oct -2005 04- Oct -2005 25- Oct -2005 27- Sep -2005 04- Oct -2005 12 -Oct -2005 18- Oct -2005 25- Oct -2005 18 -Oct -2005 18 -Oct -2005 12- Oct -2005 25- Oct -2005 27- Sep -2005 25 -Oct -2005 27- Sep -2005 04- Oct -2005 12 -Oct -2005 18- Oct -2005 25- Oct -2005 04 -Oct -2005 27- Sep -2005 25- Oct -2005 27- Sep -2005 18- Oct -2005 18 -Oct -2005 25 -Oct -2005 27- Sep -2005 04- Oct -2005 18 -Oct -2005 25- Oct -2005 04 -Oct -2005 18 -Oct -2005 27- Sep -2005 27- Sep -2005 12- Oct -2005 18 -Oct -2005 25 -Oct -2005 27- Sep -2005 18- Oct -2005 25 -Oct -2005 25- Oct -2005 04- Oct -2005 25- Oct -2005 27- Sep -2005 12- Oct -2005 18 -Oct -2005 25 -Oct -2005 25 -Oct -2005 12- Oct -2005 12 -Oct -2005 18 -Oct -2005 AP5200 MAINTENANCE AND REPAIRS MATERIALS EQUIPMENT MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS REFUND MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS REFUND MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND REMITTANCE REMITTANCE CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND LEASES AND RENTS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE AND REPAIRS REFUND MAINTENANCE AND REPAIRS ADMINISTRATIVE CONSULTING SERVICES Page 6 Amount 5,505.05 96.47 7,853.80 301.05 218.14 599.02 961.67 192.60 1,373.10 1,209.71 133.47 50.19 2,191.96 9,523.58 333.33 1,236.21 104.23 1,766.98 449.95 139.93 1,642.45 1,535.45 870.24 231.49 130.06 211.57 39.21 750.00 81.75 64.40 468.51 7,853.16 1,020.78 38,595.91 2,149.69 642.10 82.86 1,376.67 715.40 750.00 2,300.00 265.65 4,336.02 50.37 503.70 2,415.00 83.72 505.46 328.39 27,562.00 96,971.98 290.52 1,557.61 6,790.90 7,137.24 6,392.01 129.38 187.50 1,342.56 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HIGH STRUNG AERIAL DANCE HILL BOLES LTD HILL BOLES LTD HOLMAN,GEOFF HOSSAIN,KAMAL HUBBERT,JOHN& HUBBERT, TRENA HUGGINS,MARGARET J HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMMELL,HAROLD HUNTER,JOHN HUNTINGTON,PHIL ICECO ADVANCED ARENA PRODUCTS ICI CANADA INC IG INVESTORS GROUP IMAGISTICS CANADA INC IN2ITIVE GROUP INC INFORMATION NIAGARA INGENIOUS SOFTWARE INTERNATIONAL STRETCHER SYSTEMS INC ICECO INDUSTRIAL SAFETY EQUIPMENT CO LTD J &B J P HAMMILL SON LTD J P HAMMILL SON LTD JACKSON,DAVE JAGGER HIMS LIMITED JANASZEK,DAVID& ASHFIELD, KIMBERLEY ANNE JANVARY POOL,PAISLEY LOVE JOHN'S MARKETING JONES,DON JOSEPH NICOLETTI BARRISTER SOLICITOR IN TRU; JUDGE,AL KAN DU POOLS LTD KAN DU POOLS LTD KARAHAN,NIHAT KATCH'S QUALITY COMMUNICATION KATCH'S QUALITY COMMUNICATION KERRY T HOWE ENGINEERING LTD KIM IN -SUP IN TRUST KNECHT BERCHTOLD INC KON,ADELE KRONSTEIN,MARK KRYWYCH,MARIA KUCHYT,TOM KUIPERS,JANET KWIK KOPY LAFARGE CANADA INC LAFARGE CANADA INC LAFARGE CANADA INC LANCASTER BROOKS WELCH LLP IN TRUST LANG DRYWALL ACOUSTICS LTD LANG DRYWALL ACOUSTICS LTD LATOPLAST LTD LE CONSEIL SCOLAIRE DE DISTRICT LE CONSEIL SCOLAIRE DE DISTRICT Cheque No. Cheque Date Purpose 296537 18- Oct -2005 REMITTANCE 296171 04- Oct -2005 MATERIALS 296538 18- Oct -2005 MATERIALS 296172 04 -Oct -2005 ADMINISTRATIVE 296747 25- Oct -2005 REFUND 296748 25- Oct -2005 REFUND 296173 04 -Oct -2005 REFUND 296031 27- Sep -2005 REMITTANCE 296174 04- Oct -2005 REMITTANCE 296335 12 -Oct -2005 REMITTANCE 296539 18 -Oct -2005 REMITTANCE 296540 18 -Oct -2005 REMITTANCE 296749 25 -Oct -2005 REMITTANCE 296336 12- Oct -2005 ADMINISTRATIVE 296265 06 -Oct -2005 REFUND 296750 25 -Oct -2005 REFUND 296541 18- Oct -2005 MATERIALS 296337 12- Oct -2005 MATERIALS 296032 27- Sep -2005 REFUND 296033 27- Sep -2005 LEASES AND RENTS 296752 25- Oct -2005 MATERIALS 296175 04- Oct -2005 MATERIALS 296034 27- Sep -2005 MATERIALS 296543 18- Oct -2005 MATERIALS 296036 27- Sep -2005 MATERIALS 296755 25 -Oct -2005 REMITTANCE 296039 27- Sep -2005 MATERIALS 296176 04- Oct -2005 MATERIALS 296339 12 -Oct -2005 ADMINISTRATIVE 296753 25- Oct -2005 CONSULTING SERVICES 296754 25- Oct -2005 REFUND 296799 25- Oct -2005 REFUND 296037 27- Sep -2005 MATERIALS 296340 12 -Oct -2005 ADMINISTRATIVE 296038 27- Sep -2005 REFUND 296756 25 -Oct -2005 ADMINISTRATIVE 296341 12- Oct -2005 MATERIALS 296544 18- Oct -2005 MATERIALS 296040 27- Sep -2005 REFUND 296041 27- Sep -2005 CONTRACT SERVICES 296757 25 -Oct -2005 CONTRACT SERVICES 296177 04- Oct -2005 CONSULTING SERVICES 296758 25 -Oct -2005 REFUND 296759 25- Oct -2005 MATERIALS 296760 25 -Oct -2005 ADMINISTRATIVE 296342 12 -Oct -2005 ADMINISTRATIVE 296762 25- Oct -2005 REFUND 296343 12 -Oct -2005 ADMINISTRATIVE 296178 04- Oct -2005 ADMINISTRATIVE 296179 04- Oct -2005 MATERIALS 296344 12- Oct -2005 MATERIALS 296548 18- Oct -2005 MATERIALS 296763 25 -Oct -2005 MATERIALS 296764 25- Oct -2005 REFUND 296042 27- Sep -2005 CONTRACT SERVICES 296765 25- Oct -2005 MATERIALS 296549 18- Oct -2005 MATERIALS 296043 27- Sep -2005 ADMINISTRATIVE 296044 27- Sep -2005 ADMINISTRATIVE AP5200 Page 7 Amount 2,140.00 55.06 946.02 157.41 32.50 338.46 750.00 208.36 208.36 716.22 208.36 833.44 45.57 154.03 750.00 131.99 4,240.78 632.29 1,757.78 3,475.39 2,511.16 43.97 909.50 195.96 126.49 42.80 646.76 290.72 235.90 4,558.21 33.37 435.18 1,021.20 91.21 51.51 98.28 1,419.13 10,502.05 57.50 632.50 632.50 18, 087.89 489.49 30,726.39 134.19 30.00 1,140.38 349.84 147.59 8.65 7,855.69 6,223.85 834.90 75.22 841.90 1,487.30 1,748.00 110,695.00 226,862.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LENT,RANDOLPH LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LINDSAY PRESS LINDSAY PRESS LINDSTROM,LENNY LONG,FRANK LORETTO CENTRE LOWE,BUDDY LUNDY'S LANE BIA LUNDY'S LANE BIA MACCAULEY,DON MACLEOD,JOHN MAIN FERRY BIA MAKEPEACE,JANICE MALIBU POOLS MAN A MILE MANNELLA,MARA ANNE MANPOWER ONT #T6201 MARINE CLEAN LTD MARTIN SHEPPARD FRASER LLP MARTIN SHEPPARD FRASER LLP MASSI,UMBERTO ALBERT MATREX INTERNATIONAL MATREX INTERNATIONAL MATSON,BILL MATTHEWS CAMERON HEYWOOD KERRY T HOWE SI MAVES,DIANE MCBURNEY DURDAN HENDERSON CORBETT MCCOMBER,BRENT MCCONNELL,LUCILLE MCLAUGHLIN CREATIVE COMMUNICATIONS MCLEAN KERR LLP MCNAMARA,SUSAN MCRAE,LEN METHNER,PETER METRO COLLISION SERVICES INC MICRON INSTALLATIONS LIMITED MIGNELLI,CARMEN MIGNELLI,CARMEN MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL 296767 296550 296768 296552 296770 296046 296264 296553 296771 296182 296346 296047 296555 296184 296773 296347 296185 296774 296775 296186 296187 296556 296776 296348 296557 296777 296558 296349 296778 296779 296350 296048 296780 296352 296353 296559 296354 296189 296560 296781 296355 296051 296052 296191 296192 296262 296263 296356 296358 296562 296563 296564 296565 296783 296784 296785 296050 296190 296357 25- Oct -2005 18- Oct -2005 25- Oct -2005 18 -Oct -2005 25- Oct -2005 27- Sep -2005 05 -Oct -2005 18- Oct -2005 25 -Oct -2005 04 -Oct -2005 12 -Oct -2005 27- Sep -2005 18 -Oct -2005 04- Oct -2005 25- Oct -2005 12- Oct -2005 04 -Oct -2005 25 -Oct -2005 25 -Oct -2005 04- Oct -2005 04- Oct -2005 18 -Oct -2005 25 -Oct -2005 12- Oct -2005 18 -Oct -2005 25 -Oct -2005 18- Oct -2005 12 -Oct -2005 25 -Oct -2005 25 -Oct -2005 12- Oct -2005 27- Sep -2005 25 -Oct -2005 12- Oct -2005 12- Oct -2005 18 -Oct -2005 12 -Oct -2005 04- Oct -2005 18 -Oct -2005 25 -Oct -2005 12- Oct -2005 27- Sep -2005 27- Sep -2005 04- Oct -2005 04 -Oct -2005 05- Oct -2005 05- Oct -2005 12 -Oct -2005 12- Oct -2005 18 -Oct -2005 18- Oct -2005 18 -Oct -2005 18- Oct -2005 25 -Oct -2005 25- Oct -2005 25- Oct -2005 27- Sep -2005 04- Oct -2005 12 -Oct -2005 AP5200 Cheque No. Cheque Date Purpose REFUND MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE MATERIALS REFUND REFUND ADMINISTRATIVE ADMINISTRATIVE MATERIALS REMITTANCE REFUND CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES REFUND REFUND MATERIALS MATERIALS ADMINISTRATIVE CONSULTING SERVICES ADMINISTRATIVE CONSULTING SERVICES REFUND ADMINISTRATIVE MATERIALS CONSULTING SERVICES ADMINISTRATIVE REFUND REFUND MAINTENANCE AND REPAIRS REFUND ADMINISTRATIVE REFUND ADMINISTRATIVE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE Page 8 Amount 1,328.66 228.98 141.06 9.20 11.50 300.00 1,498.00 444.66 729.64 68,500.00 1,230.50 184.00 125.00 11,812.50 45.00 384.56 190.00 534.50 2,934.11 2,217.04 1,343.11 524.00 83.28 1,420.48 1,859.38 119.45 3,106.75 96.00 3,894.75 371.16 96.00 236.90 15,047.90 108.00 120.00 99.99 2,118.60 750.00 137.88 125.00 213.11 120.00 109.23 133.45 29,335.50 54,848.26 3,759.98 335.60 598.51 660.64 7,040.62 70.00 109.23 42,196.65 3,061.48 109.23 1,534.63 1,245.90 1,498.58 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MISENER,JAMES& MISENER, ROSE MARIE MJM /CMA JOINT VENTURES ARCHITECTS MJM /CMA JOINT VENTURES ARCHITECTS MODERN LANDFILL INC MODERN LANDFILL INC MONTANA "S COOKHOUSE MONTGOMERY,MOE& MONTGOMERY, MIKE MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MORELAND,MAUREEN MOROCCO,JOHN MR QUICK SOFT CLOTH MURACA,JACK MUSSARI,TOM MUSSARI,TOM MY COUNTRY DELICATESSEN NAGY,RAYMOND& NAGY, MARGARET NATIONAL FITNESS PRODUCTS INC NATIONAL FITNESS PRODUCTS INC NERO,NICK NIAGARA ANALYTICAL LABORATORIES INC NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA CATHOLIC DISTRICT SCHOOL BOARD NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASS NIAGARA FALLS BAR ASSOCIATION NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOC NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA INFLATABLES NIAGARA MOVING STORAGE INC NIAGARA NEWSPAPER GROUP NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA REGIONAL POLICE SERVICE NIAGARA REGIONAL POLICE SERVICE NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA STITCHING CO. NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA TRANSIT AP5200 Cheque No. Cheque Date Purpose 296561 18 -Oct -2005 REMITTANCE 296782 25- Oct -2005 REMITTANCE 296786 25 -Oct -2005 REFUND 296183 04 -Oct -2005 CONTRACT SERVICES 296772 25- Oct -2005 CONTRACT SERVICES 296359 12 -Oct -2005 CONTRACT SERVICES 296566 18 -Oct -2005 CONTRACT SERVICES 296567 18- Oct -2005 ADMINISTRATIVE 296569 18- Oct -2005 CONTRACT SERVICES 296193 04- Oct -2005 CONTRACT SERVICES 296568 18- Oct -2005 CONTRACT SERVICES 296570 18- Oct -2005 REFUND 296360 12 -Oct -2005 ADMINISTRATIVE 296571 18 -Oct -2005 CONTRACT SERVICES 296572 18- Oct -2005 REFUND 296054 27- Sep -2005 ADMINISTRATIVE 296361 12 -Oct -2005 ADMINISTRATIVE 296055 27- Sep -2005 ADMINISTRATIVE 296787 25- Oct -2005 REFUND 296362 12- Oct -2005 EQUIPMENT 296789 25- Oct -2005 MATERIALS 296574 18- Oct -2005 MATERIALS 296790 25- Oct -2005 CONTRACT SERVICES 296056 27- Sep -2005 MATERIALS 296576 18- Oct -2005 MATERIALS 296791 25- Oct -2005 MATERIALS 296057 27- Sep -2005 ADMINISTRATIVE 296061 27- Sep -2005 REMITTANCE 296197 04- Oct -2005 REMITTANCE 296198 04- Oct -2005 REMITTANCE 296367 12 -Oct -2005 REMITTANCE 296582 18- Oct -2005 REMITTANCE 296795 25- Oct -2005 REMITTANCE 296579 18 -Oct -2005 REMITTANCE 296364 12 -Oct -2005 ADMINISTRATIVE 296580 18- Oct -2005 CONTRACT SERVICES 296792 25 -Oct -2005 CONTRACT SERVICES 296058 27- Sep -2005 REMITTANCE 296059 27- Sep -2005 UTILITIES 296196 04- Oct -2005 UTILITIES 296261 04 -Oct -2005 REMITTANCE 296365 12- Oct -2005 REMITTANCE 296366 12 -Oct -2005 UTILITIES 296581 18 -Oct -2005 REMITTANCE 296793 25 -Oct -2005 REMITTANCE 296368 12 -Oct -2005 MATERIALS 296583 18- Oct -2005 MATERIALS 296584 18 -Oct -2005 ADMINISTRATIVE 296369 12 -Oct -2005 ADMINISTRATIVE 296370 12 -Oct -2005 UTILITIES 296371 12- Oct -2005 CONTRACT SERVICES 296586 18 -Oct -2005 ADMINISTRATIVE 296372 12- Oct -2005 MATERIALS 296796 25- Oct -2005 MAINTENANCE AND REPAIRS 296587 18- Oct -2005 MATERIALS 296062 27- Sep -2005 MATERIALS 296373 12 -Oct -2005 ADMINISTRATIVE 296063 27- Sep -2005 ADMINISTRATIVE 296374 12- Oct -2005 GRANT Page 9 Amount 1,598.58 1,598.58 435.18 17,355.81 7,878.38 878.06 739.99 300.00 622.38 1,454.33 185.15 65.00 259.11 243.00 125.00 109.72 847.50 98.12 435.18 2,817.50 1,262.99 375.00 8,089.20 3,217.54 2,014.38 267.39 3,401, 949.00 2,007.04 4,148.39 2,007.04 2,007.04 2,007.04 2,007.04 400.00 5,135.00 2,700.00 36,720.42 2,725.70 151,233.82 1,571.53 5,144.38 4,519.23 6,797.79 8,184.41 5,306.08 1,277.65 2,936.08 176.55 500.00 49.91 35.00 35.00 2,001.00 3,818.00 690.00 692.07 621.88 84,000.00 250,000.00 CITY OF NIAGARA FALLS AP5200 Page 10 MUNICIPAL ACCOUNTS Vendor Name NIAGARA UNION PROPERTY DEVELOPMENT INC NIAGARA.COM NORJOHN LTD NORRIS,STEVE NORTON,GAGE OACETT OATLEY,SHAWN OCGA OMERS OMERS ONTARIO ASSOCIATION OF EMERGENCY MANAGERS ONTARIO MUNICIPAL FIRE PREVENTION OFFICERS" P ONTARIO PUBLIC WORKS ASSOCIATION APWA ONTARIO WATER PRODUCTS INC P R W EXCAVATING CONTRACTORS LTD PACIFIC WESTEEL PAGENET OF CANADA INC PAGENET OF CANADA INC PARAMOUNT CANADA'S WONDERLAND PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PEC ROOF MAINTENANCE PECK,FRED PELLETIER,CHARLES& PELLETIER, CHRISTINE PENINSULA MAINTENANCE LTD PENINSULA MAINTENANCE LTD PENINSULA MAINTENANCE LTD PENINSULA PEST CONTROL LTD PERRI,PASQUALE PETER,FRANK PETERBILT OF ONTARIO INC PETERBILT OF ONTARIO INC PHILIPS ENGINEERING PHILIPS ENGINEERING PHILIPS ENGINEERING PINERIDGE TREE SERVICE LTD PIRSON,MIKE PLANTE,LANA POPPA CORN CORP POPPA CORN CORP POTTS,JESSICA POWERTECH ENTERPRISES INC PRATA,GUY PRAXAIR PRAXAIR PRAXAIR PRAXL,W. H PRECISE PARK LINK INC PRIMERANO,MARK PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PROVINCIAL SERVICES PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER QUICKSERVICE TECH (CAN) Cheque No. Cheque Date Purpose 296375 12 -Oct -2005 REFUND 296577 18- Oct -2005 CONTRACT SERVICES 296588 18- Oct -2005 CONTRACT SERVICES 296201 04 -Oct -2005 ADMINISTRATIVE 296589 18 -Oct -2005 REFUND 296797 25- Oct -2005 REMITTANCE 296202 04 -Oct -2005 ADMINISTRATIVE 296376 12 -Oct -2005 REMITTANCE 296653 20- Oct -2005 REMITTANCE 296654 20- Oct -2005 REMITTANCE 296203 04 -Oct -2005 REMITTANCE 296064 27- Sep -2005 ADMINISTRATIVE 296798 25 -Oct -2005 REMITTANCE 296591 18- Oct -2005 MATERIALS 296810 25 -Oct -2005 REFUND 296065 27- Sep -2005 EQUIPMENT 296204 04- Oct -2005 CONTRACT SERVICES 296592 18- Oct -2005 CONTRACT SERVICES 296377 12 -Oct -2005 REMITTANCE 296379 12- Oct -2005 MAINTENANCE AND REPAIRS 296593 18 -Oct -2005 CONTRACT SERVICES 296800 25- Oct -2005 CONTRACT SERVICES 296378 12- Oct -2005 REFUND 296801 25 -Oct -2005 REFUND 296067 27- Sep -2005 CONTRACT SERVICES 296381 12- Oct -2005 MATERIALS 296594 18 -Oct -2005 CONTRACT SERVICES 296380 12- Oct -2005 CONTRACT SERVICES 296068 27- Sep -2005 REFUND 296205 04 -Oct -2005 DONATION 296595 18- Oct -2005 MATERIALS 296802 25- Oct -2005 MATERIALS 296206 04- Oct -2005 CONSULTING SERVICES 296382 12- Oct -2005 CONSULTING SERVICES 296596 18- Oct -2005 CONSULTING SERVICES 296207 04 -Oct -2005 CONTRACT SERVICES 296803 25 -Oct -2005 REFUND 296804 25 -Oct -2005 REFUND 296383 12- Oct -2005 MATERIALS 296805 25- Oct -2005 MATERIALS 296597 18 -Oct -2005 ADMINISTRATIVE 296384 12- Oct -2005 MATERIALS 296598 18 -Oct -2005 ADMINISTRATIVE 296208 04- Oct -2005 MATERIALS 296385 12- Oct -2005 MATERIALS 296599 18- Oct -2005 MATERIALS 296069 27- Sep -2005 REFUND 296070 27- Sep -2005 CONTRACT SERVICES 296806 25- Oct -2005 REFUND 296807 25- Oct -2005 GRANT 296872 25 -Oct -2005 CONTRACT SERVICES 296809 25- Oct -2005 CONTRACT SERVICES 296873 25 -Oct -2005 CONTRACT SERVICES 296071 27- Sep -2005 REMITTANCE 296209 04 -Oct -2005 REMITTANCE 296386 12 -Oct -2005 REMITTANCE 296601 18- Oct -2005 REMITTANCE 296811 25 -Oct -2005 REMITTANCE 296387 12- Oct -2005 MATERIALS Amount 27,138.77 214.44 78,852.20 75.96 125.00 180.00 51.91 25.00 352,576.52 19,415.38 210.00 150.00 149.80 644.00 750.00 22,149.00 308.55 308.35 1,753.00 350.46 241.06 4,007.47 100.00 695.16 1,016.50 2,225.60 2,027.65 151.94 125.00 300.00 535.72 163.26 20,433.51 10,954.35 7,701.74 5,729.85 125.00 476.13 1,055.64 950.20 171.75 442.85 32.49 630.76 107.81 494.35 110.00 3,747.98 224.10 16,664.67 10,644.20 40,591.51 529.65 174.92 257.25 135.55 62.16 25.97 87.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name QUICKSERVICE TECH (CAN) QUIZNOS SUBS R E P CO. R F ZIRALDO LTD R V ANDERSON ASSOCIATES LIMITED R V ANDERSON ASSOCIATES LIMITED RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RADOJCIC,GEORGE& RADOJCIC, ANNE RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RANDY LEVINSON ARBITRATION SERVICES LTD RANKIN CONSTRUCTION INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL CONSTRUCTION RESTORATION REGIONAL DOORS HARDWARE RENTOKIL INITIAL CANADA LIMITED RIDGEMOUNT QUARRIES LIMITED ROBERTS,CYNTHIA ROBERTSON,CAROL& ROBERTSON, JACK ROCHESTER MIDLAND LIMITED RODGERS,D RODGERS,ROY& RODGERS, PATRICIA ROGERS WIRELESS INC ROGERS WIRELESS INC RONA ONTARIO INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC RONALD C ELLENS APPRAISALS INC RONNIES GENERATOR SERV LTD S R CAR RENTALS TORONTO (CENTRAL) LIMITED S C INTERIORS LIMITED SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY KLEEN CANADA INC SAFETY TODAY SALCI,TED SALVADOR,DAVID SARGESON,DENNIS SAUER,JAMES& SCOTT, JUNE SCARINGI,VITO SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCUDAMORE,STACEY SERIANNI CONSTRUCTION LTD SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD Cheque No. Cheque Date Purpose AP5200 Page 11 296602 18- Oct -2005 MATERIALS 296603 18- Oct -2005 ADMINISTRATIVE 296817 25- Oct -2005 MATERIALS 296078 27- Sep -2005 MATERIALS 296082 27- Sep -2005 CONSULTING SERVICES 296611 18- Oct -2005 CONTRACT SERVICES 296072 27- Sep -2005 MATERIALS 296211 04- Oct -2005 MATERIALS 296388 12- Oct -2005 REFUND 296073 27- Sep -2005 CONSULTING SERVICES 296212 04 -Oct -2005 CONSULTING SERVICES 296604 18 -Oct -2005 CONTRACT SERVICES 296812 25 -Oct -2005 CONSULTING SERVICES 296213 04 -Oct -2005 ADMINISTRATIVE 296813 25- Oct -2005 CONTRACT SERVICES 296074 27- Sep -2005 REMITTANCE 296214 04- Oct -2005 REMITTANCE 296389 12 -Oct -2005 REMITTANCE 296605 18- Oct -2005 REMITTANCE 296814 25 -Oct -2005 REMITTANCE 296218 04 -Oct -2005 REFUND 296394 12- Oct -2005 MATERIALS 296395 12- Oct -2005 CONTRACT SERVICES 296607 18- Oct -2005 MATERIALS 296079 27- Sep -2005 REFUND 296818 25 -Oct -2005 REFUND 296396 12 -Oct -2005 MATERIALS 296820 25 -Oct -2005 REFUND 296220 04 -Oct -2005 REFUND 296080 27- Sep -2005 UTILITIES 296608 18 -Oct -2005 UTILITIES 296081 27- Sep -2005 MATERIALS 296221 04- Oct -2005 MATERIALS 296609 18- Oct -2005 CONSULTING SERVICES 296821 25- Oct -2005 CONSULTING SERVICES 296397 12- Oct -2005 MATERIALS 296083 27- Sep -2005 REFUND 296401 12- Oct -2005 EQUIPMENT 296398 12- Oct -2005 MAINTENANCE AND REPAIRS 296084 27- Sep -2005 MATERIALS 296822 25- Oct -2005 MATERIALS 296399 12- Oct -2005 MATERIALS 296612 18- Oct -2005 MATERIALS 296823 25- Oct -2005 MATERIALS 296824 25- Oct -2005 MATERIALS 296825 25 -Oct -2005 ADMINISTRATIVE 296222 04 -Oct -2005 REFUND 296826 25- Oct -2005 REFUND 296827 25 -Oct -2005 REFUND 296400 12- Oct -2005 ADMINISTRATIVE 296085 27- Sep -2005 REMITTANCE 296225 04- Oct -2005 ADMINISTRATIVE 296226 04 -Oct -2005 ADMINISTRATIVE 296614 18 -Oct -2005 REMITTANCE 296829 25 -Oct -2005 ADMINISTRATIVE 296615 18 -Oct -2005 REFUND 296402 12 -Oct -2005 CONTRACT SERVICES 296087 27- Sep -2005 CONSULTING SERVICES 296228 04- Oct -2005 CONSULTING SERVICES Amount 18.35 147.16 170.78 802.50 3,240.16 8,184.30 245.85 394.45 1,577.04 14,045.20 1,546.79 3,298.73 5,879.59 1,447.36 225,474.53 155,223.59 176,530.81 129,470.13 141,407.12 157, 826.79 2,643.90 209.30 148.22 108.61 56.06 2,015.70 351.50 125.00 750.00 1,607.22 1,601.09 381.25 14.82 6,002.00 930.25 1,221.72 15.00 140,002.44 1,982.00 2,237.03 651.82 1,944.09 124.39 248.78 1,925.99 1,160.00 750.00 220.39 9,126.09 190.74 118,119.22 14,455.00 2,615.21 18,000.00 173,043.77 750.00 38,627.00 695.50 13,931.40 CITY OF NIAGARA FALLS AP5200 Page 12 MUNICIPAL ACCOUNTS Vendor Name SHAHEEN PEAKER LTD SHERWIN WILLAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHWEDYK,DOLORES SICO INC SICO INC SIEMENS BUILDING TECHNOLOGIES LTD SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLEX GRINNELL SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SKINNER,KATHLEEN SKWARK,WALTER& SKWARK, SOFIA SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIA SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIA SPEARE SEEDS SPEARE SEEDS SQBOX SOLUTIONS LTD SRM ASSOCIATES ST CATHARINES PROFESSIONAL FIRE FIGHTERS AS STANTE,BIAGIO& STANTE, ESTERINA STAR COLLISION SERVICE STEPHENS,TANYA STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STREAMLINE STREAMLINE STREAMLINE SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC SUPREMEX INC TAG INC T -1 GROUP LTD TALARICO,JOE TALK WIRELESS INC TAOIST TAI CHI SOCIETY OF CANADA TARCZY,TARA TAYLOR,JUDY& TAYLOR, JAMES TD CANADA TRUST TEIBERT,GEORGE TELUS INTEGRATED COMMUNICATIONS TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TELUS NATIONAL SYSTEMS INC TETRAGON -TASSE DISTRIBUTORS INC THANH,TRAN THAM& LIU, TONGYU THE BANK OF NOVA SCOTIA Cheque No. Cheque Date Purpose 296403 12- Oct -2005 CONSULTING SERVICES 296831 25- Oct -2005 MATERIALS 296404 12- Oct -2005 MATERIALS 296832 25- Oct -2005 MATERIALS 296229 04 -Oct -2005 ADMINISTRATIVE 296088 27- Sep -2005 MATERIALS 296833 25- Oct -2005 MATERIALS 296617 18 -Oct -2005 CONTRACT SERVICES 296089 27- Sep -2005 MATERIALS 296230 04- Oct -2005 MATERIALS 296405 12- Oct -2005 MAINTENANCE AND REPAIRS 296406 12- Oct -2005 CONTRACT SERVICES 296834 25- Oct -2005 CONTRACT SERVICES 296835 25- Oct -2005 MATERIALS 296618 18- Oct -2005 MATERIALS 296836 25- Oct -2005 REFUND 296837 25- Oct -2005 REFUND 296231 04- Oct -2005 REMITTANCE 296838 25 -Oct -2005 REMITTANCE 296232 04- Oct -2005 MATERIALS 296839 25- Oct -2005 MATERIALS 296233 04 -Oct -2005 CONTRACT SERVICES 296234 04- Oct -2005 CONSULTING SERVICES 296235 04- Oct -2005 REMITTANCE 296840 25 -Oct -2005 REFUND 296407 12- Oct -2005 MAINTENANCE AND REPAIRS 296841 25- Oct -2005 REFUND 296090 27- Sep -2005 MATERIALS 296236 04- Oct -2005 CONTRACT SERVICES 296237 04- Oct -2005 MATERIALS 296621 18- Oct -2005 MAINTENANCE AND REPAIRS 296842 25- Oct -2005 MAINTENANCE AND REPAIRS 296238 04- Oct -2005 REMITTANCE 296844 25 -Oct -2005 REMITTANCE 296843 25- Oct -2005 MATERIALS 296239 04- Oct -2005 MATERIALS 296623 18- Oct -2005 MATERIALS 296408 12- Oct -2005 MATERIALS 296409 12- Oct -2005 MATERIALS 296091 27- Sep -2005 MATERIALS 296624 18- Oct -2005 REFUND 296092 27- Sep -2005 REFUND 296410 12- Oct -2005 MATERIALS 296240 04- Oct -2005 REFUND 296845 25- Oct -2005 MATERIALS 296846 25 -Oct -2005 REFUND 296411 12- Oct -2005 REFUND 296093 27- Sep -2005 REFUND 296412 12- Oct -2005 UTILITIES 296626 18- Oct -2005 UTILITIES 296241 04- Oct -2005 MATERIALS 296413 12 -Oct -2005 UTILITIES 296627 18 -Oct -2005 UTILITIES 296242 04 -Oct -2005 EQUIPMENT 296414 12- Oct -2005 MATERIALS 296628 18 -Oct -2005 CONTRACT SERVICES 296243 04- Oct -2005 MATERIALS 296847 25- Oct -2005 REFUND 296094 27- Sep -2005 REFUND Amount 973.70 288.12 85.00 145.66 61.19 330.17 1,824.32 153.01 426.88 46.00 1,431.98 417.30 203.26 63.68 255.30 43.00 405.96 70.00 140.00 707.25 1,854.38 1,177.00 162.00 117.00 386.03 3,454.03 243.49 3,049.50 11,154.75 103.50 465.75 258.75 57.18 662.80 1,506.81 136.21 399.00 23.00 623.12 1,947.39 750.00 750.00 288.74 1,660.80 107.14 901.12 326.18 250.00 1,008.85 3,391.60 445.54 404.74 11,866.52 21,292.15 29.90 155.25 222.29 203.47 896.76 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name THE BUSINESS LINK NIAG LTD THE CHAMBER OF COMMERCE NIAGARA FALLS CANA THE JACKET CELLAR THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNCIPALITY NIAGARA EMERGENCY THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE SENIORS REVIEW THE UNIFORM GROUP INC THE UNIFORM GROUP INC THISTLEWAITE,HARRY TORONTO POLICE SERVICE TOTS (NIAGARA) INC TOTS (NIAGARA) INC TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOUCHSTONE SITE CONTRACTORS TRAVELPIC NIAGARA FALLS TREASURE HOUSE IMPORTS LTD TRI CITY CURB CUTTING INC TROW ASSOCIATES INC TROW ASSOCIATES INC TROW ASSOCIATES INC UNIFORM UNIFORMS UNIFORM UNIFORMS UNITED WAY UNITED WAY VADIM COMPUTER MANAGEMENT GROUP LTD VADIM COMPUTER MANAGEMENT GROUP LTD VANN MEDIA VATTOVAZ,THOMAS VICTORIA CENTRE BIA VINELAND GROWERS" CO- OPERATIVE LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WASELYNCUK,PAUL& WASELYNCHUK, JOYCE Cheque No. Cheque Date Purpose 296095 296096 296415 296244 296416 296629 296849 296245 296417 296630 296850 296606 296075 296076 296077 296216 296217 296390 296391 296392 296393 296815 296816 296418 296830 296631 296851 296419 296632 296420 296633 296097 296247 296421 296852 296098 296422 296634 296249 296423 296250 296424 296853 296100 296425 296101 296854 296251 296635 296102 296856 296252 296253 296427 296638 296858 296637 296857 296859 27- Sep -2005 27- Sep -2005 12 -Oct -2005 04 -Oct -2005 12- Oct -2005 18- Oct -2005 25 -Oct -2005 04- Oct -2005 12- Oct -2005 18 -Oct -2005 25 -Oct -2005 18 -Oct -2005 27- Sep -2005 27- Sep -2005 27- Sep -2005 04 -Oct -2005 04 -Oct -2005 12 -Oct -2005 12- Oct -2005 12- Oct -2005 12- Oct -2005 25- Oct -2005 25- Oct -2005 12 -Oct -2005 25 -Oct -2005 18 -Oct -2005 25 -Oct -2005 12 -Oct -2005 18- Oct -2005 12- Oct -2005 18- Oct -2005 27- Sep -2005 04 -Oct -2005 12- Oct -2005 25 -Oct -2005 27- Sep -2005 12 -Oct -2005 18 -Oct -2005 04- Oct -2005 12- Oct -2005 04- Oct -2005 12- Oct -2005 25- Oct -2005 27- Sep -2005 12 -Oct -2005 27- Sep -2005 25- Oct -2005 04- Oct -2005 18 -Oct -2005 27- Sep -2005 25- Oct -2005 04 -Oct -2005 04- Oct -2005 12 -Oct -2005 18 -Oct -2005 25 -Oct -2005 18- Oct -2005 25 -Oct -2005 25 -Oct -2005 AP5200 Page 13 MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE MATERIALS REMITTANCE MATERIALS REMITTANCE CONTRACT SERVICES ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS MATERIALS MATERIALS CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONSULTING SERVICES MATERIALS MATERIALS REMITTANCE REMITTANCE CONTRACT SERVICES MATERIALS REFUND REFUND ADMINISTRATIVE MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS REFUND Amount 567.10 96.30 784.30 588.62 860.91 563.46 339.88 1,778.37 1,478.90 740.60 2,228.19 596.02 818,690.09 849,421.37 6,709.48 255,717.76 6,291.87 14,696,325.00 1,310,460.67 503,966.02 1,872.49 1,502,688.93 750.00 17, 848.42 401.25 419.41 77.91 275.00 50.29 1,016.50 963.00 1,410.57 6,726.00 24,629.07 1,104.95 10,814.06 2,196.66 561.75 808.92 866.02 1,316.10 749.00 2,482.40 2,787.60 1,546.87 1,603.00 1,294.00 747.50 80.25 745.00 127.16 125,000.00 386.72 174.45 40.44 94.16 9,751.19 3,183.22 229.72 CITY OF NIAGARA FALLS AP5200 Page 14 MUNICIPAL ACCOUNTS Vendor Name WASTE MANAGEMENT WATKINSON,LAURIE WATKINSON,LAURIE WATT,DAVID WEDGEWOOD HOMES WEIMA,DANAKA WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESTBURNE /RUDDY WESTBURNE /RUDDY WESTLAND MUSIC WESTWOOD PLACE CO- OPERATIVE HOMES WIEBE ENGINEERING GROUP INC WIEBE ENGINEERING GROUP INC WINGER,TERRI WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WORK EQUIPMENT LTD WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB YARNELL OVERHEAD DOOR YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES ZEN TECH CONSULTING SERVICES INC ZIMMERMAN,MARGARET ZUPFER,ALFRED& ZUPFER, SANDRA Cheque No. Cheque Date Purpose 296641 296642 296860 296861 296254 296428 296255 296103 296643 296862 296104 296863 296256 296864 296105 296865 296106 296645 296866 296867 296258 296646 296429 296656 296657 296868 296647 296430 296107 296259 296431 296648 296869 296649 296870 296260 296432 296871 18 -Oct -2005 18- Oct -2005 25 -Oct -2005 25 -Oct -2005 04 -Oct -2005 12- Oct -2005 04- Oct -2005 27- Sep -2005 18 -Oct -2005 25 -Oct -2005 27- Sep -2005 25- Oct -2005 04- Oct -2005 25 -Oct -2005 27- Sep -2005 25- Oct -2005 27- Sep -2005 18- Oct -2005 25 -Oct -2005 25 -Oct -2005 04- Oct -2005 18- Oct -2005 12 -Oct -2005 20 -Oct -2005 20 -Oct -2005 25- Oct -2005 18- Oct -2005 12 -Oct -2005 27- Sep -2005 04 -Oct -2005 12- Oct -2005 18 -Oct -2005 25 -Oct -2005 18 -Oct -2005 25 -Oct -2005 04 -Oct -2005 12- Oct -2005 25 -Oct -2005 CONTRACT SERVICES REFUND REFUND ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONSULTING SERVICES MATERIALS MATERIALS MATERIALS MATERIALS REFUND CONSULTING SERVICES CONSULTING SERVICES ADMINISTRATIVE GRANT MATERIALS CONTRACT SERVICES GRANT MATERIALS MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES REMITTANCE EQUIPMENT GRANT ADMINISTRATIVE REMITTANCE MATERIALS GRANT CONTRACT SERVICES ADMINISTRATIVE REFUND Amount 1,014.72 223.00 180.50 231.26 1,971.10 27.43 9,546.16 149.04 1,280.35 1,554.80 1,000.00 18,288.61 3,376.65 3,292.82 65.00 31,666.67 5,768.42 4,381.51 2,083.32 3,025.39 37,276.63 38,233.33 28,356.01 400.64 390.38 15,047.70 450.58 27.23 1,121.23 13,000.00 7,500.00 287.50 1,016.32 294.86 4,308.50 882.75 750.00 674.09 Total: 36,995,914.89 The City of I Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2005 -41 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: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: L- 2005 -41 Release re Covenant in Site Plan Agreement Thundering Waters Golf Course Our File No.: 2004 -175 That Council authorize execution of an Application (General) and any documents necessary for the purpose ofreleasing Canadian Pacific Railway Company from a Site Plan Agreement ("Agreement") dated July 21, 2005 and made between The Corporation of the City of Niagara Falls "City and The Canada Southern Railway Company "CPR and Fallsview Golf Inc. "Fallsview over the lands owned by CPR and Fallsview "subject lands Fallsview is developing a golf course on lands owned by Fallsview and CPR. In July, 2005 the City required that Fallsview and CPR enter into the above mentioned Agreement with respect to the development of the subject lands. A copy of said Agreement is attached hereto as Appendix "A Fallsview is purchasing the portion of the subject lands currently owned by CPR in November, 2005 and CPR is requesting that the City release them from the Agreement upon the sale of its portion of the subject lands to Fallsview. Upon the transfer of the portion of the subject lands from CPR to Fallsview, CPR shall be released and discharged from all its obligations under the Agreement. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development November 7, 2005 Karen Kelly City Solicitor November 7, 2005 Staff has no objection to releasing CPR from the terms and provisions of the Agreement, at no cost to the City. Recommended by: Karmen I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services 2 Respectfully submitted: John MacDonald Chief Administrative Officer L- 2005 -41 co- uct -cuuo uz:uuam tram-Broder:cm i Partners THIS AGREEMENT made the 21" day of Iu1y3'7 2005 BETWEEN 905 356 6904 T 516 P.002 /016 F 527 THE CANADA SOUTHERN RAILWAY COMPANY a company incorporated under the laws of the Province of Ontario, Hereinafter called the "Owner" and FALLSVIEW GOLF INC. a company incorporated under the laws of the Province of Ontario, Hereinafter called the "Tenant" -and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City Schedule Page 2 of the PIRST PART; of the SECOND PART; of the THIRD PART; WHEREAS The Canada Southern Railway Company is the owner of the lands in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS Canadian Pacific Railway Company is the au thorizedmanager for CNCP Niagara Windsor Partnership and for the Canada Southern Railway Company; AND WHEREAS Canadian Pacific Railway Company has leased the land described in Schedule "A" to the Tenant; AND WHEREAS the lands of the Owner described in Schedule "A" attached hereto is within a site plan control area designated bythe City's By -law No. 2001 -103, passed pursuant to section 41 of the Planning Act, 1990; AND WHEREAS the Owner and Tenant have applied to the City for approval of certain site plan drawings; co uct uc:uupm rrom 3 tanners 900 356 6904 T -516 P.003/016 F-527 Schedule Page 3 AND WHEREAS the Director of Planning and Development has approved the plan(s) and drawings on July 27, 2005, subject to the Owner and Tenant being required to provide certain facilities and works and entering into a site plan agreement with the City; AND WHEREAS copies of the approved plans) are available at Planning and Development Services, Niagara Falls City Hall, 4310 Queen Street, Niagara Falls, Ontario; NOW THIS AGREEMENT WITNES SETH that in consideration of the premises and other good and valuable consideration the parties hereby covenant and agree with each other as follows: 1. (a) "approved letter of credit" means a letter of credit in favour of the City issued by a financial institution approved by the City and shall be in a form approved by the City Solicitor, (b) "Chief Building Official "Director of Municipal Works" and "Director of Planning and Development means respectively the Chief Building Official, Director of Municipal Works and Director of Planning and Development of the City of Niagara Falls and for the purpose of exercising any of the powers or duties of the Chief Building Official, Director of Municipal Works and Director of Planning and Development under this Agreement and shall include any employee of the City authorized by the Chief Building Official, Director of Municipal Works or the Director of Planning and Development, as the case may be, to exercise any such powers or duties; (c) "facilities and works" includes those facilities and works which are shown on or referred to in any one or more of the plans and drawings and schedules to this Agreement; (d) "plans and drawings" means the site plans and drawings listed on Schedule "B" attached to and forming part of this Agreement as approved by the Director of Planning and Development and such additional plans and drawings as may be subsequently approved by the Director ofPlanning and Development including plans and drawings which revise or replace any one or more of the plans and drawings listed in Schedule "B and (e) "schedules" means and includes any one or more of the schedules attached to this Agreement and includes plans and drawings as defined in clause d of this paragraph. co- uut -cuuo uc:uupm rrom- nrooericK i rartners 805 356 6804 T -516 P.004/016 F-527 Schedule Page 4 2. (a) The lands affected by this Agreement are described in Schedule "A" which is attached to and forms part of this Agreement and are hereinafter referred to as "the lands (b) The Owner hereby warrants that it is the registered owner of the lauds described in Schedule "A" attached hereto as confirmed by the Solicitor's Certificate. 3. The following additional schedules are attached to and form part of this Agreement, namely Schedules "B", "C" and "D 4. The Owner and Tenant shall provide, maintain and use, as the case may be, the facilities and works in the schedules and shall comply with such terms and conditions as to the provision, maintenance and use of the facilities and works as are set out in the schedules. 5. (a) The Owner and Tenant shall construct all buildings, structures, facilities and works shown on the plans and drawings strictly in conformance with and in the locations shown thereon, and (b) The Owner and Tenant shall construct all buildings strictly in conformance with the building elevations and cross sections shown on such further documents as are filed with and approved by the Chief Building Official of the City. 6. It is understood and agreed that if the construction of the proposed golf course on the lands has not commenced within two years of the date of approval by the Director of Planning and Development of the plans and drawings, the approval of the plans and drawings shall lapse and the Owner agrees to re -apply for approval of the plans and drawings unless an extension has been granted by the Director of Planning and Development within two years of the approval of the plans and drawings. 7. The Owner and Tenant further agree that all of the facilities and works required to be provided by the Owner and Tenant shall be provided, installed or constructed by the Owner and Tenant within one hundred and eighty (180) days after the date of substantial completion of the proposed gold course as determined by the Chief Building Official and shall be maintained at all times in good condition. co— vut —cuuu uc;uupm rrom— aroaer m a rartners t e05 35b 5804 T -515 P.005/015 F 527 Schedule Page 5 8. (a) The Owner and Tenant shall be responsible for the cost of all work on or adjacent to the lands which is required tinder the terms of this Agreement and/or indicated on the approved plans and drawings including, without limiting the generality of the foregoing, the cost of all works required for drainage of surface water and roof water, connections to sanitary sewers and storm sewers, construction of driveway approaches, including curb cuts, construction of new sidewalks where required by the City, removal and replacing of existing sidewalks where necessary, relocation of pipes, poles, drains, catch basins and other works, all of which shall be done and performed and all material for the work shall be supplied to the specifications and directions and to the satisfaction of the Director of Municipal Works. (b) Where any required work is to be performed within the limits of any City street allowance on which the lands abut or which is adjacent to the Jarvis, the work may be performed by the City, at the expense of the Owner and Tenant, and the Owner and Tenant agree to deposit with the City before a building permit is issued, the whole of the cost, as estimated by the Director of Municipal Works, of performing the work. (c) if the actual cost of the work, as determined by the Director of Municipal Works, exceeds the amount of the deposit, the Owner and Tenant shall pay the City for any deficiency and if the actual cost, as so determined, is less than the amount of the deposit, the City shall repay the Owner and Tenant any surplus. (d) The Owner and Tenant shall be responsible for making all necessary arrangements for and payment of the cost of taking up, removing or changing the location of any works or services of any utility company or commission necessitated by or arising out of the work contemplated by this Agreement and/or indicated on the approved plans and drawings. 9. The Owner and Tenant acknowledge that the on -site facilities and works required by this Agreement shall be provided and maintained by the Owner and Tenant at the their sole risk and 26- Oct-2005 02:01pm From Broderick 1 Partners 905 356 6904 T -516 P.006/016 F -527 Schedule Page 6 expense and to the satisfaction of the City, and the Owner and Tenant release the City from all claims and demands in respect of any loss, damage or injury (including death) to persons or property arising out of or connected with the provision and maintenance of the facilities and works or any one or more of them. 10. The Owner and Tenant, to whom a request has been made by the City shall, within the time limits specified by the City to the total satisfaction of the City and at the sole risk to and expense of the Owner and Tenant, remedy any non compliance or potential non compliance with the conditions of approval of the plans and drawings as set out in this Agreement as may be, in the reasonable opinion of the City, exist or come into existence from time to time. 11. Should the Owner and Tenant not complete any of the facilities and works within a reasonable period of time, the City may upon 15 days notice in writing to the Owner and Tenant, enter on the lands as may be necessary, with its workmen and contractors and perform or complete the performance of any such work including any necessary replacement and the Owner and Tenant hereby authorize the entry and performance of work either by the City's own forces or by a contractor retained by the City. Provided however that nothing in this Agreement shall impose upon the City any duty or obligation to inspect or examine the lands for non compliance or potential non- compliance of approval or to specify or report that such non compliance or potential non compliance to the Owner and Tenant or to provide an opinion or view respecting any condition of approval or to request or require compliance with the conditions. 12. The Owner and Tenant hereby agree that no building permits shall be issued by the City for any building on the lands unless and until the Owner and Tenant have first paid to the City the sum as set out in Schedule "D to ensure completion of facilities and works. 13. Prior to any construction taking place within a Regional road allowance a Regional Construction Encroachment and/or Entrance permit must be obtained. Applications shall be made through the Permits Section of the Operations Support Services Division of the Public Works Department at the Regional Municipality of Niagara. 14. Owner hereby agrees that no building permits shall be issued by the Chief Building Official of the City for any buildings or structures until such time as Postponement Agreements, Easements or Partial Discharges of Mortgages of all outstanding charges or encumbrances are submitted to the City and registered electronically or otherwise against the lands in the Land Registry 26 -Oct -2005 02:01pm From Broderick i Partners Office. 15. Should the lands of the Owner be located on a Regional Road, the Owner shall provide the City with a certificate from a licenced Ontario Land Surveyor stating that all existing and new survey evidence, adjacent to any Regional Road, is in place at the completion of the construction. 16. (a) Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by e-mail, by fax or by prepaid ordinary first class post, by the party wishing to give such notice, to the other party at the address noted below. (b) Such notice shall be deemed to have been given: (I) in the case of personal delivery, on the date of delivery; (ii) in the case of e-mail or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and (iii) in the case of registered post, on the third day, which is not a holiday, following posting. 16. Any notice to be given pursuant to this Agreement maybe delivered or sent by Facsimile Transmission to the Owner, Tenant and the City as follows: Owner: The Canada Southern Railway Company c/o Canadian Pacific Railway Company 40 University Avenue Suite 200 Toronto, ON M5J 1T1 Tenant. Fallsview Golf Inc. 6000 Marineland Parkway Niagara Falls, ON L2E 6X8 City. The Corporation of the City of Niagara Falls, Attention: Mary Morrone, Law Clerk, Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Telephone No.: (905) 356 -7521 ext. 4241 Fax No.: (905) 371 -2892 905 356 6904 T 516 P.007 /016 F 527 Schedule Page 7 [o uC:uipm rrom- broaertcK 8 Farmers 805 356 6804 T 516 P.008 /016 F 527 Schedule Page 8 Any such notice, if mailed, shall be conclusively deemed by 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. 17. The Owner and Tenant shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Agreement or a n y t h i n g done or maintained bythe Owner orTenant thereunder or intended to be, and the Owner and Tenant shall at all time indemnify and save harmless the City and its successors, administrators, permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law and its affiliates and their respective successors, administrators, permitted assigns, officers, employees, agents, servants, representatives, appointees and all others for whom the City is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charg damages, expenses, claims, or demands arising therefrom or connected therewith. Notwithstanding the above, the Owner and Tenant shall not be liable hereunder for any loss, damage or injury arising from the negligence or other wrongful act of the City. 18. This Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns and successors in title. 19. The Owner hereby agrees that this Agreement, with schedules thereto, may be registered upon the title to the lands. 20. Wherever the singular or masculine is used in this Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. 21. Nothing in this Agreement chall relieve the Owner and Tenant from compliance with all applicable municipal by -laws, laws and/or regulations or laws and/or regulations established by any other governmental body which may have jurisdiction over the lands. zb Uct U :oipm From Broderick Partners 905 356 6904 T -516 P.009/016 F -527 Schedule Page 9 1N WITNESS WHEREOF the Owner, Tenant and the City 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 respective Corporations. Name: r! ►c Title: v 1c e.— f rtf a THE CORPORATION OF THE CITY OF THE CANADA SOUTHERN RAILWAY COMPANY partners Name: g4o"nld C3, C.a 4<npt� ell Title: Name: Kei} E C, rg ¢.I Title: We have authority to bind the Corporation. CNCP NIAGARA WINDSOR PARTNERSHIP, by its CANADIAN NATIONAL RAILWAY COMPANY Name: K -emr, Greet Title: I have authority to bind the Corporation. CANADIAN PACIFIC RAILWAY COMPANY FALLSVIEW GOLF INC. Name: R. Title: Name: Title: City Clerk Ze.(. N er,alcl t3. CdnnpbatI Title: I have authority to bind the Corporation. LV uc:uiInu riworotuuuriuK a rarunars Schedule "A" to an Agreement dated the 21' day of January, 2005 between The Canada Southern Railway Company and Fallsview Golf Inc. and The Corporation of the City of Niagara Falls aa5 d5tl 6au4 T-516 P.010/015 F-52T ALL BEING IN THE CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA Schedule Page 10 PART OF PIN 64443 -0393 LT: PT BLK A PL 8 STAMFORD; PTS 1, 3, 4, 6, ON 59R- 12577; PT BLK A PL 8 STAMFORD; PTS 2 5 ON 59R- 12577; S/T SN MEE PT BLK A F PL 8 STAMFORD; PT TWP LT 195 STAMFORD; PTS 7 8 ON 59R 12577; S/T R0182503; PT BLK F PL 8 STAMFORD; TP TWP LT 195 STAMFORD; PT RDAL BTN LT 195 196 STAMFORD; PT 9 ON 59R 12577; S/T R0182503; PT BLK F PL 8 STAMFORD; PT TWP LT 195 STAMFORD; PT RDAL BTN LT 195 196 STANFORD; PT 10 ON 59R -12577 NIAGARA FALLS AND PART OF PIN 64.443 -0362 LT; PT BU( A PL 8 STAMFORD; PT TWP LT 189 195 STANFORD; PT 13 ON 59R 12577; PT BLK A PL 8 STAMFORD; PT TWP LT 189 STAMFORD; PT 18 ON 59R 12577; S/T R0182503; PT BLK A PL 8 STAMFORD; PT TWP LT 189 STAMFORD; PT 19 ON 59R-12577; S/T R0182503; PT BLK A PL 8 STAMFORD; PT TWP LT 189 STAMFORD; PT 20 ON 59R- 12577; S/T SNEti PT TWP LT 189 STAMFORD; PT LT 1 3 PL 4 STAMFORD; PT BLK A PL 8 STAMFORD; PT 21 ON 59R 12577; PT BLK A PL 8 STAMFORD; PT 22 ON 59R- 12577; PT BLK B C PL 8 STAMFORD; PT TWP LT 189, 195, 215, 216 217 STAMFORD; PT RDAL BTN LT 216 217 STANFORD (AS CLOSED BY BY -LAW S121822); PT RDAL BTN LT 195 216 STAMFORD (AS CLOSED BY BY -LAW ST2498); PT RDAL BTN LT 195 217 STAMFORD (AS CLOSED BY BY -LAW ST2498); PT 23 ON 59R 12577; PT BLK B C PL 8 STAMFORD; PT 25 26 ON 59R- 12577; S/T R0182502; PT BLK B C PL 8 STAMFORD; PT 27 ON 59R 12577; S/T SN PT BLK B C PL 8 STAMFORD; PT 28 ON 59R 12577; NIAGARA FALLS TOGETHER WITH EASEMENT SN mannis PT TWP LT 195 STAMFORD; P7' BLK A PL 8 STAMFORD; PT RDAL BTN TWP LT 195 196 STAMFORD (AS CLOSED BY BYLAW ST2498); BEING PARTS 11, 12, 14, 15, 16, 17, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 5I, 52, 61, 62, 63, 64, 65, 66, 67, 68 AND 69 ON 59R 12577; NIAGARA FALLS BEING PART OF PIN 64443- 0391 AND PT LT 3 PL 4 STAMFORD; PT 56 ON 59R 12577; NIAGARA FALLS BEING PART OF PIN 64443 -0372 [o-uc -cuuo uL:uIpm rrom-orooerICK f rartnere Schedule "B" to an Agreement dated the 21" day of January, 2005 between The Canada Southern Railway Company and Fallsview Golf Inc. and The Corporation of the City of Niagara Falls 805 356 6904 T-516 P.011/016 F -527 Schedule Page 11 The Director of Planning and Development has approved the plan(s) and drawings on October 19, 2004, subject to the Owner being required to provide certain facilities and works and entering into a site plan agreement with the City. Copies of the approved plan(s) are available at the Planning and Development Department, Niagara Falls City Hall, 4310 Queen Street, Niagara Falls, Ontario. 26-Oct -2005 02:01nm From Broderick i Partners Schedule "C" to an Agreement dated the 21' day of January, 2005 between The Canada Southern Railway Company and Fallsview Golf Inc. and The Corporation of the City of Niaeara Falls 905 356 6904 7-516 P.012/016 F -527 Schedule Page 12 1. The Owner and Tenant agree to install and maintain during construction, the sediment and erosion control measures as shown in the Erosion and Sediment Control Plan and plans and drawings listed in Schedule `B Such sediment and erosion control measures shall remain in place until placement of topsoil, grass and sod and vegetation is in place and certified by an Environmental Consultant to the satisfaction of the City pursuant to the terms of the said Erosion and Sediment Control Plan. 2. The Owner and Tenant agree to phase construction so as to minimize the area of exposed soils and to further ensure that any exposed soils are seeded and/or vegetated in accordance with the requirements of this Agreement to prevent excess erosion on the lands. 3. The Owner and Tenant shall inspect the silt fencing installed as per paragraph 1 above and shall be cleaned when such silt fencing is 50% full. 4. The Owner and Tenant agree to provide and maintain the restoration plantings substantially in conformity with the wetland setback buffer planting and plans and drawings listed in Schedule "B". 5. The Owner and Tenant agree to implement the recommendations ofthe Tree Management Plan (Trees Unlimited Forestry Consultant, March 2003) which shall include, but not be Limited to the following, pre stress the new forest edge through gradual thinning; install tree protection fencing along the dripline of trees to be retained, until landscaping is complete; meet tree retention areas at existing grade; plant native tree shrubs and trees along new forest edges to reduce edge effects and to form an effective barrier to intrusion; and monitor tree health to determine effectiveness of mitigation measures. 6. The Owner and Tenant shall have a qualified environmental consultant undertake the following: a. Conduct regular inspections during the construction of the golf course to monitor 26 -Oct -2005 0Z:02pm From-Broderick i Partners 905 356 6904 T -516 P.013/016 F -527 Schedule Page 13 compliance with the terms of this Agreement. b. Submit a report upon completion of the golf course that shall confirm all requirements listed in all paragraphs of this schedule and all other mitigation measures listed in the Environmental Impact Study, Fallsview Golf Inc., December 2002 prepared by Lisa Campbell Associates as may have been amended, are met to the satisfaction of the City and Region. 7. The Owner and Tenant agree to locate all golf course paths, maintenance driveways and all other paths at least 10 metres away from all wetlands and forested areas as shown on the plans and drawings listed in Schedule "B" other than the lesser buffers that have already been or will be approved by an Environmental Consultant and approved by the City. 8. The Owner and Tenant shall erect signage on the outside of the wetlands as shown on the plans and drawings listed in Schedule "B" that indicates "Wetlands Area Entry is Prohibited." Furthermore, the Owner and Tenant agree to take reasonable steps to notify guests and members that public entry is not permitted in said wetland. 9. The Owner and Tenant agree to establish a vegetated buffer around the wetlands as shown in the site plan listed in Schedule "B in accordance with the wetland setback buffer planting to the satisfaction of the City. The Owner and Tenant agree to implement and maintain buffers with a minimum width of 10 metres around wetlands and 3 metres on either side of the ConRail ditch as identified on the plans and drawings listed in Schedule `B" other than the lesser buffers that have already been or will be approved by an Environmental Consultant and approved by the City. 10. The Owner and Tenant agree not to use any of the land shown as wetland on the plans and drawings listed in Schedule "B" for any purpose or permit any building or structure to be erected on the lands or permit soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or re -grade any of the lands except as otherwise permitted in this Agreement. 11. The Owner and Tenant shall develop and implement Integrated Pest Management Strategies and techniques as referred to in the Environmental Impact Assessment dated December 6, 2002, prepared by Lisa Campbell and Associates, to the satisfaction of the City and the Region, prior to the opening of the Golf Course. 12. The Owner and Tenant acknowledge that the land identified as "Tree Islands Refer to Study and Report by AMEC" have been identified as having soil contamination and are subject to a holding 26-Oct -2005 02:02pm From- Broderick 6 Partners 905 356 6904 T -516 P.014/016 F -527 Schedule Page 14 provision under Section 36 of the Planning Acr. The Owner and Tenant shall maintain vegetation and shall not disturb the lands until such time as the lands are being decommissioned and rernediated in accordance with the regulations of the Ministry of the Environment under the supervision of a qualified environmental consultant. 13. The Owner and Tenant agree to construct, at their own expense, construction access points identified on the plans and drawings listed in Schedule "B" to a standard acceptable to the Director of Municipal Works. 14. The Owner and Tenant acknowledge and agree that nothing in this Agreement authorizes entry on land not listed in Schedule "A" to this Agreement and shall obtain formal authorization from the registered land owner for any site works, encroachments on, or crossing of land not described in Schedule "A" to this Agreement. 15, The Owner and Tenant shall submit the following no later than April 15, 2005 and prior to the construction of: a detailed site and grading plan for parking to the satisfaction of the City, details of the bridge crossings, designed by a qualified structural engineer, to the satisfaction of the Director of Municipal Works, details of all highway barriers associated with the entry road to the satisfaction of the Director of Municipal Works. Furthermore, the Owner and Tenant agree that an amendment to this Agreement shall be executed and registered on title prior to construction of the said buildings with respect to the parking lot, bridges and ti the buildings not identified on the plan listed in Schedule "B"to this Agreement. The parking lot, bridge crossings and all highway barriers shall be constructed to the satisfaction of the Director of Municipal Works prior to the opening of this golf course. 16. In addition to any other condition or requirement listed in this Agreement, the Owner and Tenant shall use best efforts to comply with the recommendation of the studies listed below to the satisfaction of the City and Region: Environmental Impact Study, Fallsvicw Gold Inc. dated December 2002 and Addendum Report, dated June 7, 2004, prepared by Lisa Campbell and Associates; Traffic Impact Study Fallsview Golf Inc., dated June 18, 2004, prepared by TSH Associates; Fallsview Golf Woodlands preservation Plan, dated February 2003, and Preservation Plan Review, dated June 4, 2004, prepared by Trees Unlimited Forestry Consultants. 905 356 6904 T -516 P.015/016 F -527 Schedule Page 15 17. The Owner and Tenant agree that any proposed changes to the golf course design from the plans and drawings listed in Schedule "B" shall be reviewed by the City and the Region to determine if an amendment to this Agreement is necessary, prior to construction of such changes. 18. The Owner and Tenant covenant and agree with the City that all snow removed from a ramp, driveways, parking areas and all other paved areas shall either be contained on the remainder of the lands of the Owner or taken to designated disposal areas but in no event shall such snow be shovelled, pushed, thrown or otherwise disposed of on any public highway or highways. 19. The Owner and Tenant covenant and agree with the City that any facilities for lighting including flood lighting, of the lands or any buildings or structures thereon shall be installed and maintained so that the Light is deflected away from adjacent residential or institutional districts or uses and away from traffic on adjoining roadways. co-uct-zuuo uc :uzpa rroa- eraaenck i Partners tb-Uet-Z000 uz,UZpm Prom-brotlerick i Partners Schedule "D" to an Agreement dated the 2P' day of January, 2005 between The Canada Southern Railway Company and Fallsview Golf Inc. and The Corporation of the City of Niagara Falls 905 356 6904 T 516 P.016/016 F 527 Schedule Page 16 The Tenant shall deposit with the City at the time of the execution of this Agreement a Letter of Credit from a lending institution approved by Council and in a form acceptable to the City Solicitor, in the amount of $200,000.00. T h u n d e r i n g W a t e r s G o l f C l u b D evelopment by Fairs vte Golf Inc. in I`ijagar'i -Ft lis; Ontario, 'Ca a d'a Wetland setback buffer planting Typical (N.T.S.) Plan Existing trees to be preserved. Existing wetlands to be preserved. Plant native shrubs in the setback area where none exist to screen from the golf course. "Environmentally protected area" sign. Asphalt cart path to be sloped away from wetlands and towards the fairway. Wetland S ITE PLAN Setback -Width vary A r1UVE0 _.___Section__ e. •�sial n r t ,„s, r A of Path First Cut SIGN IN C. Golf Course Architects Fairwa REC EIVED AUG 0 5 2004 PLANNING DEVELOPMENT DG 001 August,2004 ET i VIANI i %WA t p .1 9 W7AA d :1 i I la ji in R ki SH eii "'5 11. tt t —rs Niagara Falls I The City of Canada Community Services Department MW- 2005 -128 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members: 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 November 7, 2005 Re: MW- 2005 -128 Regional Water and Sewer Rates RECOMMENDATION: It is recommended that this report be received and filed. BACKGROUND: At the October 3, 2005 Corporate Services Committee meeting, Council passed a motion that staff investigate to what extend the City of Niagara Falls is subsidizing other municipalities through the Regions water and sewer rates. In order to carry out this work a complete review of the Region's budget would be required with respect to the operating costs for each of its water and sewer treatment plants as well as the revenue that is being derived from the various municipalities. Coincidentally, the Region of Niagara is embarking on an effort to carry out a full review and assessment of rates and billing best practices for the Region's uniform water and sewer rate. As indicated in the attached letter the study is to be initiated this year and completed in 2006 to ensure approval and implementations of any changes which are in place prior to the 2007 budget process. The working group that has been established includes representation from the Region as well as staffing from the Finance and Municipal Works Departments of local area municipalities. Included in this group is the City of Welland, City of St. Catharines, Town of Fort Erie, City of Port Colborne and City of Niagara Falls (Ken Burden Ed Dujlovic). In order to address the concerns as raised by Council, City staff will be recommending that one of the deliverables from the study will be to review the costs and revenues associated with each of the Regional water and sewer treatment plants to determine the subsidization. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 7, 2005 Approved by: Attach: 2 S:\REPORTS \2005 Reports\MW- 2005 -128 Water Sewer Rates.wpd Respectfully submitted: Ed Dujlovic .hn MacDonald Director of Municipal Works Chief Administrative Officer MW- 2005 -128 October 11, 2005 Ms. Margaret Neubauer Director of Finance Town of Fort Erie 1 Municipal Centre Drive Fort Erie, Ontario L2A 2S6 Dear Ms. Neubauer: PUBLIC WORKS DEPARTMENT WATER WASTEWATER SERVICES DIVISION The Regional Municipality of Niagara 3501 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Water Sewer Rate Setting Billing Proposed Review Study File: F.03.0001 E- MAILED This is further to suggestions and discussions on the subject, as well as our meeting on October 4 2005. The municipal Treasurers have indicated a desire for a review of the method of establishing the Regional water and sewer uniform rate, and how resulting billing to local municipalities is implemented. A suggestion was previously made to consider an immediate change which could be implemented for 2006 budgets. Regional staff have indicated that such a quick fix would be difficult to implement at best. As well, this runs the risk of not receiving consensus or full approval from all members. Therefore, there is the high probability of resulting problems similar, if not precisely the same, to those experienced during the recent attempt at changing the manner in which billing the local municipalities for water and wastewater was undertaken by the Region. In an effort to address this issue which is critically important to the Region and local municipalities, it is suggested that a full review and assessment of rates and billing best practice options be undertaken. This should be done by, or with the assistance of, external experts. Such a study can be lead by a working group of Regional and local municipal public works and finance staff. The group would be involved from the scoping to consultant selection and study direction. If the Treasurers and Public Works Officials are agreeable, such a study can be initiated and completed in time to ensure approval and implementation of any changes in advance of the 2007 budget process next year. It is recommended that a proposal to undertake a rate setting and billing methods review study be presented to the next meeting of the Treasurers and Public Works Officials. If there is agreement Phone: (905) 685 -1571 1- 800 263 -7215 Fax: (905) 685 -5205 Website: www.regional.niagara.on.ca on the basic study framework as noted above, suggestions for the number and representation (volunteers) could also be made at the respective meetings. Trusting this reflects our recent meeting's discussions. Please advise once your meeting with the Treasurers has materialized and their comments on the proposal are known. The Public Works Officials will be presented with this proposal at their meeting of October 18, 2005. We can then discuss `go forward' options with respect to this matter. Yours truly, Chado Brcic, M.Sc., P.Eng. Director Water Wastewater Services chado brc i c @,regional ni ag ara. on. c a J:\MSWORD\F.03.0001 W &WW Uniform Wholesale Rates \10 -11 MN Ft Erie Proposed Review Study.doc Copy: M. Trojan, Regional CAO I. Neville, Commissioner of Public Works, RN M. Kyne, Acting Commissioner of Corporate Services, RN G. Lockyer, Treasurer/Director, Financial Management Planning, RN D. Kellendonk, Associate Director, W &WW Operations, RN Public Works Officials (at meeting) Municipal Treasurers (at meeting) Ms. M. Neubauer, Town of Fort Erie October 11, 2005 Page 2 Niagara Falls The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Community Services Department MW- 2005 -129 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 November 7, 2005 Re: MW- 2005 -129 Weed/Vegetation Suppression Program RECOMMENDATION: It is recommended that the City not implement a weed spraying program for City streets. BACKGROUND: At the October 3, 2005 Council meeting, a motion was passed that City staff investigate the use of salt and vinegar as part of a weed suppression program on City streets. The concerns that were raised were the weeds that were growing along and in the curb as well as in sidewalks. Currently the City does not have a program to spray weeds /vegetation on City streets. We have relied on the homeowner to manage this issue. Considerable information was found on the internet in regards to the use of salt and vinegar to control broadleaf (weeds) and grass plants. The salt and vinegar mixture is classified as a contact killer in that it destroys only the tissue that comes in contact with the mixture. It has proven to be fast acting but is ineffective on plants that are able to regrow from roots, hence, repeated applications are required in order to control the plant material. In reviewing a number of forums regarding the use of organic weed killers some of the concerns raised were the need to spray every two weeks to control undesired plant material as well as the smell associated with the vinegar. It was indicated that it could take up to two days for the vinegar smell to dissipate. In addition City staff have concerns with the use of salt as it has been declared toxic by Environment Canada. As Council may be aware, the City has developed a Salt Management Plan as part of its Winter Maintenance Operation to reduce the use of salt due to its harmful impact on the environment. An application of vinegar only can be used in the control of plant material but is Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services 1 November 7, 2005 2 MW- 2005 -129 not as effective as when combined with salt. Staff has estimated that the cost to provide this new service for labour, equipment and material could be anywhere between $50,000 $70,000 per year. It is difficult for staff to determine an accurate budget amount as we are unsure of the effectiveness of using vinegar or a salt /vinegar mixture and to the extent that a spraying program would be required on the streets throughout the City. Council's concurrence with the above recommendation would be appreciated. Approved by: S:\REPORTS\2005 Reports\MW- 2005 -129 Salt Vinegar Suppression.wpd Respectfully submitted: r °414-P14/17 Ed Dujlovic /John MacDonald Director of Municipal Works Chief Administrative Officer The City of I Niagara Falls Canada Members: RECOMMENDATIONS: It is recommended that: BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario November 7, 2005 Re: MW- 2005 -130 Supply and Installation of Pay Display Machines RFP P50 -2005 1) RFP #P50 -2005, for the Supply and Installation of Pay and Display Equipment, be awarded to Electromega Ltd., at an upset limit of 330,000.00; and, 2) the Mayor and the Clerk be authorized to execute the necessary agreements. MW- 2005 -130 Ed Dujlovic Director This is year three of the five -year replacement program to complete the replacement of antiquated parking meters throughout the City. As well, we are also phasing out older non supported parking lot pay and display machines. Due to the rapid change in technology, an annual RFP (Request for Proposal) will be submitted to qualified companies to ensure that the machines purchased annually are state -of -the -art with reduced potential for premature redundancy. Pay Display technology provides the following features not provided by parking meters: credit card acceptance Tax receipt and complete auditing capability reduced maintenance and coin collection costs ability to change parking rates without the costly upgrade costs statistical analysis Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 7, 2005 2 MW- 2005 -130 advanced security features to reduce potential of vandalism and theft remote monitoring for quicker maintenance response limited occurrence of coins not registering ability to promote goods and services in a particular BIA area through changeable ticket parameters This year an RFP was requested with a "Keeping Costs Down" approach, whereby the successful Vendor with the best overall solution calculated on a 10 -year life cycle would be awarded the contract. The RFP outlined minimum standards required to satisfy the City's requirements. Therefore, it is not necessarily the company that supplies the most equipment that is successful, but is dependent on the suitability of the project. Typically, an RFP process is used over a tender process to identify those companies that have more to offer that just price alone. A total of five companies responded to the RFP with a wide array of options. The companies who submitted RFP's are as follows: 1) Canadian Parking Equipment Ltd. Mississauga, Ont. 2) Electromega Ltd. Oakville, Ont. 3) Metric Group Inc. New Jersey, U.S.A. 4) Parksmart Inc. Mississauga, Ont. 5) Precise Parklink Inc. Toronto, Ont. An Evaluation Committee, made up of the Manager of Traffic and Parking Services, Manager of Traffic Operations and the Supervisor of Traffic and Parking Field Services, reviewed the proposals. The Committee yielded the following conclusions: 1) Both Canadian Parking Equipment Ltd. and Metric Group Inc. bids were eliminated because they did not meet the minimum criteria requested in the RFP. 2) Precise Parklink Inc. was deemed to be to expensive based on life cycling costs (machine cost plus maintenance costs plus communication costs). Precise is Service Bureau Based with no options for the City to operate the system on it's own or secure it's own communication service provider. 3) Parksmart Inc. was the second most expensive quote based on life cycling costs. Although, they did offer many options to operate, the City operated option (deemed to be the preferred option) was cost prohibitive based on software costs. 4) Electromega Ltd. offered the most flexibility and was the least expensive based on both individual machine costs as well as life cycling costs. In addition, the system would be City operated, as well, communications would be co- ordinated directly through Rogers Communications rather than a third party vendor. Based on the above information, it is being recommended that Electromega Ltd. be awarded the contract. Electromega Ltd. has an excellent record in the Traffic and Parking Community and has been in business for over 30 years. November 7, 2005 3 Financing: The estimated amount for the project is $330,000.00. Total project cost will have an upset limit of $330,000.00 including PST. Funding: Account Parking Fund Capital Account Prepared by: Karl Dren, C.E.T. Manager of Traffic Parking Services Ed Dujlovic, P.Eng. Director of Municipal Works $330,000.00 Respectfully Submitted b MW 2005 130 Council's concurrence with the recommendations outlined in this report would be appreciated. John MacDonald Chief Administrative Officer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2005 Council\November 7\MW2005 -130 Supply and Installation of Pay Display Machines RFP P50- 2005.wpd Niagara Falls The City of Canada Members: Community Services Department MW- 2005 -132 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 November 7, 2005 Re: MW- 2005 -132 Winter Maintenance Policy Plan RECOMMENDATION: That Council approve the attached Winter Maintenance Policy Plan for the 2005 2006 winter season. BACKGROUND: At the October 17, 2005 meeting of Council, a presentation was made by the Service Delivery Review Steering Committee that recommended changes to the City's winter operations. The purpose of the Winter Maintenance Policy Plan is to define level of service to be maintained and procedures to be followed, to reduce the hazards resulting from winter snow and ice, in order to maintain the City's roadways and sidewalks in a safe condition. Winter maintenance standards establish levels of service for snow and ice control across the City, for various classes and priorities of roadways and sidewalks, to ensure the safe and efficient movement of people, goods and services, throughout the community. These levels of service recognize the difference in traffic conditions and associated required risk management, on the various classes ofroadways and sidewalks. Additionally, the standards indicate that levels of service may not be met until after the cessation of a winter storm or snowfall event. The winter maintenance procedures included in this document dictate the actions to be taken in order to maintain the above noted standards. The procedures, in connection with the standards recognize that winter control measures cannot be carried out on all roadways and sidewalks at the same time, and due to the associated required risk management, must follow the priorities as defined by the priority classifications of the roadways and sidewalks. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services November 7, 2005 2 MW- 2005 -132 The City cannot be expected to totally negate the impacts of winter storms, but by following the Winter Maintenance Policy Plan, the City can minimize the negative impacts of winter storms through a well- managed consistent approach. This policy plan will replace procedures 315.24 Snow Clearing on Roads 315.25 Snow Clearing on Sidewalks in the City's Policy and Procedures Manual. Prepared by: Ed Dujlovic Director of Municipal Works S:\REPORTS \2005 Reports\MW- 2005 -132 Winter Maintenance.wpd espectfully submitted: l John MacDonald Chief Administrative Officer ag Niagara alls CANADA Winter Maintenance Policy Plan City of Niagara Falls November 7, 2005 Objective Scope Snow Fence Snow Markers Salt Boxes Niagaraj1alls CANADA Table of Contents 1. City of Niagara Falls Mission Statement Page 1 2. City of Niagara Falls Winter Maintenance Purpose Statement 1 3. Winter Maintenance Plan Objective Scope 1 4. Roadway Classifications 2 5. Level of Service for Roadways 3 6. Roadway Procedures 4 7. Spreading Sand, Salt, or Other Chemicals 4 8. Regulating Parking 5 9. Snow Removal 5 10. Level of Service for Sidewalks 5 11. Allowing for Variable Weather Conditions 5 12. Winter Preparations 6 13. Record Keeping 6 14. Human Resources 6 15. Responsibilities of Residents 6 16. Managing Complaints Requests for Service 7 2 17. Repairing Property Damage 18. Continuous Improvement 7 7 City of Niagara Falls 2005 -2006 Winter Maintenance Policy Plan 1. City of Niagara Falls Mission Statement 3. Winter Maintenance Plan Objective Scope Objective Scope Niagara l Y A D The Corporation of the City of Niagara Falls is dedicated to providing accountable and quality services that promote a safe, prosperous, and attractive community in which to live, work, play, and visit. 2. City of Niagara Falls Winter Maintenance Purpose Statement The City of Niagara Falls will provide safe, reliable, efficient, and environmentally responsible winter maintenance service within the City of Niagara Falls in accordance with its approved level of service policies and accepted standards. The objective of this Winter Maintenance Plan is to define level of service to be maintained and procedures to be followed, to reduce the hazards resulting from winter snow and ice, in order to maintain the City's roadways and sidewalks in a safe condition. Winter maintenance standards establish levels of service for snow and ice control across the City, for various classes and priorities of roadways and sidewalks, to ensure the safe and efficient movement of people, goods and services, throughout the community. These levels of service recognize the difference in traffic conditions and associated required risk management, on the various classes of roadways and sidewalks. Additionally, the standards indicate that levels of service may not be met until after the cessation of a winter storm or snowfall event. The winter maintenance procedures included in this document dictate the actions to be taken in order to maintain the above noted standards. The procedures, in connection with the standards recognize that winter control measures cannot be carried out on all roadways and sidewalks at the same time, and due to the associated required risk management, must follow the priorities as defined by the priority classifications of the roadways and sidewalks. The City cannot be expected to totally negate the impacts of winter storms, but by following the Winter Maintenance Plan, the City can minimize the negative impacts of winter storms through a well- managed consistent approach. This plan applies to public streets under the jurisdiction of the City of Niagara Falls. The City maintains over 1,149 lane kilometres of roadway. City of Niagara Falls 2005 -2006 Winter Maintenance Policy Plan 4. Roadway Classifications On November 1, 2002, Ontario Regulation 239/02 came into effect. This Provincial regulation sets out "Minimum Maintenance Standards for Municipal Highways The regulation includes minimum maintenance standards for "snow accumulation" and "icy roads both winter maintenance concerns. The levels of service for the minimum maintenance standards vary according to the classification of the road, street, or highway. The standards classify roads, streets, or highways based on Average Annual Daily Traffic (AADT) and on the posted or statutory Speed Limit in six (6) roadway classifications. The entire Minimum Maintenance Standards for Municipal Highways is attached in Appendix In December 2002, City Council adopted these minimum maintenance standards as prescribed in Ontario Regulation 239/02. The City of Niagara Falls roadway classifications and corresponding levels of service for clearing "snow accumulation" and treating "icy roads" as presented in this 2005 -2006 Winter Maintenance Plan, meet or exceed the Minimum Maintenance Standards, as set out in the Provincial regulation. A map entitled, "City of Niagara Falls" Priority Roadways identifying roadway classes is included as Appendix The City does not have any Class 1 roadways within its jurisdiction, therefore the following classifications apply: Class Description 2 Arterial and Collector roads with Average Annual Daily Traffic (AADT) greater than 15,000 Business Improvement Areas and Major Rural roads 3 Collector roads and Transit roads with Average Annual Daily Traffic (AADT) between 4,000 and 15,000 4 Local Residential, Commercial, and Minor Hard Surfaced Rural roads with Average Annual Daily Traffic (AADT) between 500 and 4,000 5 Local Residential Roads with Average Annual Daily Traffic (AADT) between 50 and 500 NiagaraFalls Roadways for which the Regional Municipality of Niagara is responsible for winter maintenance are shown in Appendix City of Niagara Falls 2005 -2006 Winter Maintenance Policy Plan 5. Level of Service for Roadways 2 Icy Road 3 Icy Road The objective is to treat the icy roadway as soon as practicable after becoming aware that the road is icy, and normally within eight (8) hours. Once 8 cm of snow has accumulated: Niagaraj?alls The following table summarizes the level of winter maintenance service that the City of Niagara Falls will provide: Class Winter Hazard Description For Class 2 3 roadways, treating and plowing of roads commences as soon as snow begins to accumulate: 2 Snow Accumulation The objective is essentially bare pavement, to be reached as soon as possible, after a storm has ended, and normally within six (6) hours. The objective is to treat the icy roadway as soon as possible after becoming aware that the road is icy, and normally within four (4) hours. 3 Snow Accumulation The objective is essentially centre bare pavement, to be reached, as soon as possible, after a storm has ended, and normally within twelve (12) hours. 4 Snow Accumulation The objective is essentially centre bare pavement, to be reached as soon as possible, after a storm has ended, and normally within sixteen (16) hours. 4 Icy Road The objective is to treat the icy roadway as soon as practicable after becoming aware that the road is icy, and normally within twelve (12) hours. 5 Snow Accumulation The objective is to make the road as safe as possible, to be reached, as soon as possible, after a storm has ended and normally within twenty -four (24) hours. 5 Icy Road The objective is to treat the icy roadway, as soon as practicable after becoming aware that the road is icy and normally within sixteen (16) hours. It is acknowledged that conditions may occur which temporarily prevent achieving the levels of service as detailed in this document. In such cases, attempts will be made to keep Class 2 and 3 roads as clear as possible by utilizing all maintenance equipment at maximum efficiency. Winter operations will continue until the prescribed level of service is achieved where conditions permit. Should conditions not permit accomplishment of the prescribed level of service, operations shall continue as required to maintain as good a driving service as possible. City of Niagara Falls 2005 -2006 Winter Maintenance Policy Plan 6. Roadway Procedures NiagaraJ' Its As a snow event draws near and snow begins to fall, the staff chemically treats the Class 2 3 roads, hills and the mist affected areas near the Falls with a salt mixture to prevent ice from adhering to the road. Plowing of Class 2 and 3 roads is conducted as snow accommulates. When the depth of snow has reached approximately 8 cm, plowing operations typically commence on all roadway classifications. Plowing and de- icing/sanding continue, with respect to each class of roadway, in accordance with it's classification and level of service standards. For plowing, the City is divided into routes. The route maps included in the appendices identify the areas to be cleared and the general priority in each area. The objective, during a storm, is to keep traffic moving in a safe and efficient manner. Therefore, depending on the storm conditions, it may be necessary to plow mainline routes several times before other roadways are plowed. Winter control procedures will be initiated by one of the Streets Supervisors in conjunction with one of the Shift Supervisors, as weather and road conditions demand. Monitoring of weather forecasts, patrol reports and other information, as may be available, may allow preparations for winter control operations to be initiated prior to the beginning of an actual event. The Streets Division staff member on patrol, will notify the assigned Shift Supervisor of changing road and weather conditions. The Shift Supervisor will, as may be required, make the appropriate call outs, to initiate winter control operations. During and upon completion of winter control roadway operations, a daily record is maintained and updated, indicating the roadway winter maintenance activities carried out. A copy of this record is attached as Appendix Cul -de -sacs and dead -ends with a short turning radius are difficult for wing plows to manoeuvre in. Municipal Works began contracting out winter maintenance activities for cul -de -sacs because the Division did not have the necessary personnel or equipment to plow them in a timely manner. With contractors plowing cul -de -sacs, both cul -de -sac and street plowing should be finished at approximately the same time on the same day. 7. Spreading Sand, Salt, or Other Chemicals Salt is applied to Class 2 3 roadways early in a storm event in order to prevent snow from adhering to the pavement. If plowing is required, the plow is then able to clear the pavement completely. Salting may be repeated, as necessary, until an essentially bare pavement condition is achieved. Critical areas, such as steep hills, curves, bridges, intersections and approaches to railway crossings receive top priority. They are often salted in advance of a storm event in order to further reduce the potential for problems. It is the City's goal to minimize the use of salt due to its detrimental effect on our environment. To this end, salt is only applied to maintain safe driving conditions. Salt is not normally used in residential areas. Instead, sand is spread to provide traction and reduce slippery conditions. In addition, salt is not used on any roads when temperatures become so low that it can no longer effectively melt ice. City of Niagara Falls 2005 -2006 Winter Maintenance Policy Plan 8. Regulating Parking Public knowledge of the City's by -laws with respect to parking during winter months is essential for proper implementation of the winter maintenance program. By -law 89 -2000, A By -Law Regulating Parking and Traffic on City Roads, Section 205.01.11, prohibits parking on roadways, "between the hours of 2:00 a.m. and 6:00 a.m., except those vehicles which have, "an on- street overnight parking permit 9. Snow Removal Removal of snow will take place on streets taking into consideration public safety, snow storage capability, emergency access routes, street parking requirements, vehicle and pedestrian traffic volumes, and parking lot capacity. Snow is removed in accordance with the Snow Removal Plan Routes as shown in Apendix A. Snow removal begins in the downtown and business areas. Snow removal usually commences when snow windrows reach a height of 1 meter. As equipment is required to windrow snow for removal purposes, this operation may require the removal of vehicles parked in contravention of the parking by -law. Cul -de -sacs are cleared by contractors' loaders during regular plowing operations. Bus shelters are currently cleared as staff is available and upon request from Niagara Transit. 10. Level of Service for Sidewalks Niagaraj?alls Not all of the sidewalks in the City of Niagara Falls receive snow control services. The sidewalks that are kept plowed in the winter are serviced in a manner similar to street plowing according to a priority system. High priority sidewalks are along heavily travelled pedestrian routes along main and arterial streets, including school and bus routes, in front of public buildings, including the hospital and churches, and in the business areas. A map of the sidewalk routes is attached as Appendix Sidewalks are plowed when the snow accumulation exceeds 5 cm. 11. Allowing for Variable Weather Conditions During extraordinary snow and ice events, additional personnel and equipment maybe utilized to supplement operations. During periods of extended continuous snowfall or freezing rain, operations may be focussed on primary transportation routes and emergency service delivery locations and may be performed on a limited scale. Snow and ice control operations should be conducted when weather conditions do not endanger the safety of employees or equipment, and operations are effective. Factors that may delay operations include severe cold, significant winds, limited visibility and rapid accumulation of snow and/or ice. City of Niagara Falls 2005 -2006 _6_ Winter Maintenance Policy Plan 12. Winter Preparations Snow Fence Snow Markers Salt Boxes 13. Record Keeping 14. Human Resources 15. Responsibilities of Residents Niagaraj?alls The erection of snow fence at strategic locations is done in order to trap snow and deposit it on the ground surface before it accumulates on the street. It is erected in the Fall and removed in the Spring in locations where heavy drifting has historically occurred. Snow markers are placed in order to identify hazardous conditions or for outlining the turning radii on roads and sidewalks. They are placed and removed during the same time period as snow fence. Salt boxes are placed in areas where traction is a potential problem, such as at steep road or street grades, or at major intersections where stop /start manoeuvres are hindered by slippery conditions. A detailed daily record shall be maintained identifying the times that equipment is deployed and noting when the Level of Service Objectives have been met. This information will be reviewed regularly in order to compare performance against service levels. The Director of Municipal Works is ultimately responsible for winter control operations within the City of Niagara Falls. The Operations Superintendent, reporting to the Director, is directly responsible for winter maintenance operations. The Streets Supervisors and Shift Supervisors have the front line management level responsibility for directing the winter control operations. The Streets Division is comprised of Streets Division staff with three Supervisors and a Dispatcher /Timekeeper that support the operation. A separate crew of "trackless "sidewalk plow operators, clear designated City sidewalks. Mechanics in the Fleet Maintenance Division provide mechanical support. Providing information to the public is a vital part of winter maintenance services. Residents need to know how they can help facilitate snow clearing and what to expect in terms of a response to winter storms. Information will be advertised periodically throughout the winter control season advising residents of the City's winter control activities and requirements. This notification will inform the public of normal winter control activities and, in effect, lists the "do's and don'ts" that they, as responsible citizens, should be aware of in order to help the Streets staff efficiently maintain their roadways and sidewalks. City of Niagara Falls 2005 -2006 Winter Maintenance Policy Plan 16. Managing Complaints Requests for Service During snow and ice control operations, numerous inquiries, complaints, and requests for service are received by the Municipal Works clerical staff. The Streets Division will take measures to keep clerical staff informed and updated regarding snow and ice removal operations, (i.e. schedules and breakdowns). Municipal Works clerical staff shall answer questions and concerns from citizens and record pertinent information related to the inquiry. If the caller requires action which clerical staff is unable to perform, clerical staff shall notify appropriate personnel of inquiries, complaints, and requests based on the following: Safety issues affecting the public or City staff shall be forwarded immediately to the Supervisor. Non safety- related issues shall be forwarded to the appropriate personnel in a timely manner. Property damage shall be recorded and turned over to the Streets Supervisor through normal channels. 17. Repairing Property Damage Winter maintenance activities may cause property damage even under the best of circumstances and care on the part of the plow operators. The major types of damage are to improvements in the road right -of -way which extends beyond the property line. The intent of this right -of -way is to provide room for snow storage, utilities, sidewalks, and other City and Public uses. The City is responsible for the repair of any plow damage to the roadway or grass boulevards. The City will replace /repair sod damaged by its snowplow during snow removal if reported to Municipal Works by June 1, 2006. Other damage within the Public right -of -way is the responsibility of the property owner including, but not limited to, trees, shrubs, bushes, landscaping materials, decorative rock, driveway aprons finished with interlocking brick or patterned concrete and lawn/landscaping irrigation systems. The City does not repair /replace sod damaged due to the application of sand, salt, or other de -icing chemicals. 18. Continuous Improvement NiagaraJ?a 1s The City of Niagara Falls is committed to continuous improvement of all its operations. Therefore, this plan will be reviewed and updated on an annual basis. 211115 I C* I/ 11 r Ownership Wag 44 Local Municipal Load opal Local Municipal PrViOdid Regional Municipal Unspecified 2 Road Classification Totals Class Lane km 271453 3 172780.44 4 843110.61 5 56800.25 2 34733 2 1367.72 3 2716.23 3 1458.94 Engineering Services Infrastructure Section N 0 2000 m Highway Maintenance Priority Class Categories Urban Boundary Category 2 Category 3 Category 4 Category 5 The Clay of Niagara Falls Canada 111 1111 1■I1 01 Projection: NAD83 -17n Created: Sept 2003 Software: Manifold 5.5.2 Compiled from available 2001 2002 data. CITY OF NIAGARA FALLS By -law No. 2005 A by law to authorize the execution of a Condominium Agreement with Wedgewood Builders of Niagara Limited respecting West Meadow Vacant Land Condominium. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: f 1. A Vacant Land Condominium Agreement dated the 26 day of September, 2005 and made between Wedgewood Builders of Niagara Limited and The Corporation of the City of Niagara Falls with respect to the lands comprised of Parcel 66 -1 Section 59M -129; Block 222 Plan 59M -129 in the City ofNiagara Falls, in the Regional Municipality ofNiagara subject to the terms and conditions as described in the Condominium Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Condominium attached as Appendix "2" and providing for the payment by the Developer of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Condominium and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Condominium Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Condominium Agreement and to permit registration of the proposed Plan of Condominium, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Condominium Agreement, grants of easements, conveyances and other agreements and documents. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005. November 7, 2005. November 7, 2005. THIS AGREEMENT made this 26 day of September, 2005 BETWEEN: to enter into this Agreement; WEDGEWOOD BUILDERS OF NIAGARA LIMITED Hereinafter called the "Developer -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Schedule page 4 of the FIRST PART; Hereinafter called the "City", of the SECOND PART; WHEREAS the Developer received draft plan approval on August 16, 2005 from The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, and section 9 of the Condominium Act, 1998, S.O. 1998, for a plan of vacant land condominium (hereinafter called "the Plan") attached hereto as Schedule "A" and entitled WEST MEADOW VACANT LAND CONDOMINIUM, being lands comprising Parcel 66 -1 Section 59M -129; Block 222 Plan 59M- 129; in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands AND WHEREAS in accordance with the conditions imposed by the City, the Developer is required NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the Plan, after compliance with all the requirements hereinafter set forth, of the entrance and driveway laid out on the Plan and the mutual covenants and Agreements to be observed and performed by each of the parties hereto, the Developer and the City hereby covenant and agree each with the other as follows: Schedule "A" West Meadow Vacant Land Condominium Schedule Page This is not a P1 K1GIS_ 129.apr S: \I. Subdivisions 2. Condominiums \West Meadow Schedule A.wpd n of Survey Scale 1:NTS c 0 U 0 0 u1 N 0 O U E v2 O U E 0 .P. o o 0 0 h 1" O O O O v N OM .--c CV 64 GS 69 69 EA 69 0 0 0 0 v, 0 0 0 0 v v CI sv E E 0 0 w r; a) 0 OA 0 E A tn G O U a) a) 0 IA t o b z U CO b 0 a 0 0 0 ta 0 a) ca b a) A a) ca E 3 E O U E b 0 U a) A 3 0 0 a C C A a) cc! E 3 O Ul C as o 0 0 o 0 J Vi a C p v U co E O g V) d N E O U N E o 0 00 M EA 69 0 O O 0 H v.) ON eci 69 69 00 U Gr O o 69 69 0 0 69 4, 0 0 O 69 69 O 69 0 0 E 0 a w C m O V U 13 c co U o J r 5 r O G) V o co s 3 E 0 g m d E O U E 0 tee 0 0 0 v E 0 00 64 l 0 00 6s 0 0 E O O 0 lL CD c N V Cn U 0 a s a) 2 N a) R 0 0 a) U tC p O N EA) V O 0 ti+ 0 3 0 0 rn c 'd Cash in Lieu of Parkland Dedication: 5'.\ I. Subdivisions\2 Coodominnon' \West Meadow Scbeduk G.wpd Schedule "G" West Meadow Vacant Land Condominium Satisfied through West Meadow Subdivision (59M -129). Schedule Page Schedule "H" West Meadow Vacant Land Condominium Easements and Lands to be Deeded to the City of Niagara Falls: None. SAL Sobdivisions12. Condominiums Meadow Schedule Hwy! Schedule Page CITY OF NIAGARA FALLS By -law No. 2005 A by -law to establish Part 4 on Reference Plan 59R -12300 as a public highway, to be known as and to form part of Chippawa Parkway. WHEREAS Section t31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part Township Lot 223 Stamford being Part 4 on Reference Plan 59R 12300, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 4 on Reference Plan 59R -12300 that is hereby established as a public highway, be known as and form part of Chippawa Parkway. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005. November 7, 2005. November 7, 2005. CITY OF NIAGARA FALLS By -law No. 2005 A by -law to authorize the execution of a Condominium Agreement with 1211990 Ontario Inc. respecting Peters Dorchester Road Land Condominium. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: f 1. A Vacant Land Condominium Agreement dated the 3` day of October, 2005 and made between 1211990 Ontario Inc.and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part of Township Lot 148, in the City of Niagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as described in the Condominium Agreement, an excerpt of the first page attached as Appendix "1" and shown on the proposed Plan of Condominium attached as Appendix "2" and providing for the payment by the Developer of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "3" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "4" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Condominium and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "5" and "6" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Condominium Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Condominium Agreement and to permit registration of the proposed Plan of Condominium, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Condominium Agreement, grants of easements, conveyances and other agreements and documents. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005. November 7, 2005. November 7, 2005. THIS AGREEMENT made this 3r day of October, 2005 BETWEEN: 1211990 ONTARIO INC. Schedule page 4 Hereinafter called the "Developer of the FIRST PART; -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City", of the SECOND PART; WHEREAS the Developer received draft plan approval on March 18, 2004 from The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, and section 9 of the Condominium Act, 1998, S.O. 1998, for aplan of vacant land condominium (hereinafter called "the Plan") attached hereto as Schedule "A" and entitled PETERS DORCHESTER ROAD VACANT LAND CONDOMINIUM, being lands located in Part of Stamford Township Lot 148; in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands"; AND WHEREAS in accordance with the conditions imposed by the City, the Developer is required to enter into this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the Plan, after compliance with all the requirements hereinafter set forth, of the entrance and driveway laid out on the Plan and the mutual covenants and Agreements to be observed and performed by each of the parties hereto, the Developer and the City hereby covenant and agree each with the other as follows: Schedule "A" Peters Dorchester Road Vacant Land Condominium Schedule Page E O 0 'G c O U N c w co J E C N U (0 o u) CC O 0 to C E r L O i O r d a m 0 TN CO ac c w, m E o m o p t Q m ill Q Q Q Q o zz zz zz z N 69 H C4 m V'1 N p. H N 0 69 64 2 0 6 o s. o w 3 3 3 b 0 at o a) o o a.) y R. N j is a p. 0 a. v E c-, o m t4 y o 0 0 N N 00 h o ccd c c.) R cd CO U 0 0 m G7 T' g N g 0 cil d m r ti U p p 0 b b 0 4`mm .E o c.% 0 a c9 E 4 E m E o v v w c 0 a L. 3 C N cC Cq ti d0 N O G G c c v C z -o g t. c4 t i .a ••V Z H W c4 a g o 3 x o o 3... N o ..9. c.; c/) .9. a w O z w bto a b U c a) 0 d N L CD a o to ff o 0 c N a w Q Z Hw O 69 p O O O O 0 69 69 w w 0 0 CD O 45 64 69 69 69 0 H to O O� 0 69 E O O V 0 co c v co J E 4••• m v 0 co i-� O c V O c C O E y d N 0 O a) .FJ a E O V to E r.. 0 6A O 0 O O EA ss N 0 0 -4 N 61 O O O N_ 69 1 C %.0 00 CV CO 00 M N E9 GO 00 cl' 2 bo 00 64 00 c v N ga o T V) 0. G) L) mt o. a) o r w kl CIO U 171 Y czt U o o N 'd U 0 O N at b N U 1) i t t o ti o o o 0 z Cash in Lieu of Parkland Dedication: S.1I. SubdivisionsV. CoMmmni onaden Dorchester Read Schedule G.ryd Schedule "G" Peters Dorchester Road Vacant Land Condominium Schedule Page w GOAD w 0 ;1 S. I. SubdivisianA2. Condominiuma' 'Peters Dorchester Rood Schedule H.wwpd Schedule "H" Peters Dorchester Road Vacant Land Condominium Easements and Lands to be Deeded to the City of Niagara Falls: 1. Blocks To be granted to the City within the lands of the subdivision. a) Block Plan 3.0 m road widening Dorchester Road b) Block Plan 0.30 m reserve Dorchester Road Schedule Page A by -law to authorize the execution of a Section 37 Agreement with HOCO Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities, services and matters by HOCO Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a midway and a hotel on lands owned by HOCO Limited and located on Clifton Hill, in the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Section 37 Agreement dated the 7t day of November, 2005, and made between HOCO Limited as Owner and The Corporation of the City of Niagara Falls as City, respecting the provision of certain facilities, services and matters by HOCO Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a midway and a hotel on lands owned by HOCO Limited and located on Clifton Hill, in the City of Niagara Falls, subject to the terms and conditions as set out in the Section 37 Agreement and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Section 37 Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Section 37 Agreement. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005 November 7, 2005 November 7, 2005 CITY OF NIAGARA FALLS By -law No. 2005 THIS AGREEMENT made this 7th day of November, 2005. BETWEEN: SECTION 37 AGREEMENS C H E D U LE HOCO LIMITED (hereinafter called the "Owner and THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Municipality WHEREAS the Owner is the registered owner of lands in the City of Niagara Falls which are more particularly described in the attached Schedule "A" (the "Site AND WHEREAS the Owner has applied to the Municipality for amendments to the Municipality's Zoning By -law No. 79 -200, seeking permission to increase height otherwise permitted to allow the development of a midway containing mechanical and electronic amusement rides and devices and to allow the development of a hotel to a maximum building height of 110 metres and 28 storeys as measured from the average finished grade level at the front elevation of the building, which shall include the roof feature having a height of not less than 14 metres above the top storey. The roof feature being a distinct architectural element of the building that shall not contain a place of occupancy; AND WHEREAS section 37 of the Planning Act, R.S.O. 1990, c.P.13 as amended (the "Planning Act permits the Council of the Municipality to pass a zoning by -law to authorize increases in the height and density of development otherwise permitted by the by -law in return for the provision of such facilities, services or matters as are set out in the by -law. AND WHEREAS a by -law under subsection 37(1) of the Planning Act may not be enacted unless there is an official plan in effect in the Municipality that contains provisions relating to the authorization of increases in height and density of development; AND WHEREAS the Official Plan for the Municipality contains provisions relating to the authorization of an increase in the height of development above four storeys; AND WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the Municipality may require the owner to enter into an agreement with the Municipality dealing with the facilities, services and matters; AND WHEREAS the Owner has elected to provide certain facilities, services and matters in return for an increase in height as set forth in the proposed zoning by -law amendment attached hereto as Schedule `B and to enter into an agreement dealing with said facilities, services and matters; CITY OF NIAGARA FALLS By -law No. 2005- A by -law respecting the prohibition of the nuisance of controlled substance manufacturing operations. WHEREAS the health safety and well being of the residents of the City of Niagara Falls is based upon ensuring stable peaceful neighbourhoods; and WHEREAS the offensive trade and manufacture of controlled substances have been found to exist from place to place in the City of Niagara Falls; and WHEREAS such operations give rise to conditions that threaten the health, safety and well being of the residents of the City of Niagara Falls; and WHEREAS such operations also emit foul and offensive odours, and create threat of fire and electrical shock; and WHEREAS such operations are a source of criminal activity, attracting undesirable patrons; and WHEREAS these operations give rise to public nuisances; and WHEREAS the continued existence of these operations, unabated, is or will result in a threat to the health, safety and well being of the residents of the City of Niagara Falls and its neighbourhoods; and WHEREAS the prevention of such threats to health, safety and well being will safeguard the public; and WHEREAS pursuant to Section 128 of the Municipal Act, 2001, 5.0.2001 c.8, as amended, the Council of the City of Niagara Falls may pass a by -law to define prohibit public nuisances; and WHEREAS pursuant to Section 129 of the Municipal Act, the Council of the City of Niagara Falls may prohibit noise, vibration, odour, outdoor illumination, including indoor lighting that can be seen outdoors; and WHEREAS pursuant to Section 130 of the Municipal Act, the Council of the City of Niagara Falls may regulate matters for purposes related to the health, safety and well -being of the inhabitants of the City of Niagara Falls; and WHEREAS the City can recover the costs of removing such public nuisances from the person or persons causing the public nuisance and or threat to the health and safety of the community. 1. Definitions "Occupant" includes; -2- THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Part 1 Definitions "City" means The Corporation of the City of Niagara Falls. "Controlled Substance" means a "controlled substance" as defined and described in Schedules I, II, and III of the Controlled Drugs and Substances Act, 1996, c.19, as may be amended from time to time, but does not include the trade or manufacture of a controlled substance that is permitted under that Act or otherwise lawfully licensed under any other City by -law. "Inspector" means the Manager of Licensing and /or By -Law Enforcement for the City, or designate and shall include any members of the Niagara Regional Police Services; (1) a person residing on or in a property; (2) the person entitled to the possession of the property if there is no other person residing on or in the property; and (3) a leaseholder; and shall include the agent of any such person. "Owner" means a person who has any right, title, estate, or interest in property, other than that of an occupant, and shall include the agent of any such person. "Person" includes the natural person of either sex, associations, corporations, bodies politic, partnerships, whether acting by themselves or by a servant, agent or employee and the heirs, executors, administrators, successors and assigns or other legal representative of such persons. -3- "Property" means all real property, including, but not limited to, front yards, side yards, backyards, driveways, walkways, and sidewalks and shall include any building, structure or fence located on such real property. "Public Nuisance" means the use of property to use, distribute or manufacture a controlled substance or controlled substances in a manner that threatens or could threaten the health, safety and well being of any resident of the City of Niagara Falls. Part 2 Prohibition Prohibition of Controlled Substance Manufacture 2. No person, owner or occupant of property within the City of Niagara Falls shall permit or allow the property to become or remain a place for the trade, business or manufacture of a controlled substance. 3. No person, Owner or Occupant shall allow the property to be used in a noxious, offensive or unwholesome manner through the trade, manufacture, cultivating or distribution of a controlled substance. 4. No person, Owner, or Occupant of the property shall cause or permit, water, rubbish, or noxious or offensive or unwholesome matter to collect or accumulate around the property in connection with the manufacture, cultivation, trade or distribution, with the controlled substance. Part 3 Inspections and Notice 5. The Council may, by by -law, from time to time, appoint an Inspector and one or more assistant Inspectors for the purposes of this by -law or any member of the Niagara Regional Police Services shall be deemed to be an Inspector for the purposes of this by -law. 6. An Inspector may enter upon the property of any person at reasonable times and in a reasonable manner for the purposes of inspecting the property, and by way of written notice served upon the owner and/or occupant, declaring if the property is being used for in a manner that contravenes the provisions of this by -law and the requirements for compliance. -4- Part 4 Non Compliance 7. If an Owner or Occupant fails to comply with a written notice of an Inspector, the City through its employees or other persons, at reasonable times and in a reasonable manner, may enter the property and effect the compliance at the expense of the Owner or Occupant who has failed to comply. 8. If an Inspector enters the property pursuant to a legal search of the property and has to effect compliance with this by -law, the costs of all such compliance shall be at the expense of the Owner or Occupant. 9. The City shall deliver to the Owner or Occupant, written notice of the costs of the compliance. The notice may be delivered to the last known address of the Occupant or the registered address of the Owner, as identified on the City's assessment rolls. 10. In the event that the person who has failed to comply, fails to pay the costs of compliance within 90 days of the date of the written notice of compliance, the costs shall be added to and form part of the taxes payable on the property as taxes in arrears. Part 5 Offences and Penalties 11. Every person who contravenes provisions of this by -law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to the maximum fine permitted under Part III of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended or any successor legislation thereto, exclusive of costs. Part 6 Validity Interpretation 12. If a court of competent jurisdiction declares any section or part of a section of this by -law invalid, it is the intention of Council that the remainder of the by -law shall continue to be in force. Passed this 7 day of November, 2005. First Reading: Second Reading: Third Reading: November 7, 2005 November 7, 2005 November 7, 2005 -5- 13. (1) Words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one, and females as well as males and the converse. (2) A word interpreted in the singular number has a corresponding meaning when used in the plural. 14. This by -law may be referred to as the Controlled Substance Manufacture Operations Nuisance Prevention By -law. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR A by -law to govern the execution of documents on behalf of The Corporation of the City of Niagara Falls by way of electronic registration. WHEREAS Section 21 of the Land Registration Reform Act, R.S.O. 1990, provides that an electronic document is not required to be in writing or to be signed; AND WHEREAS subsection 40(4) of Ontario Regulation 19/99 provides that a document prepared by a person on behalf of a party is deemed to have been made by that party; AND WHEREAS it is deemed expedient to authorize the City Solicitor, Assistant City Solicitor and the Law Clerks to affix electronic signatures and register documents by way of electronic registration; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That the City Solicitor, Assistant City Solicitor and Law Clerks may cause a document to be executed and registered electronically in accordance with any legal requirements in that connection, as well as all appropriate documentation related to the said document. 2. By -law No. 2003 -178 is hereby repealed. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005. November 7, 2005. November 7, 2005. CITY OF NIAGARA FALLS By -law No. 2005 CITY Of CANADA NIAGARA FAL�S- THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Waters Avenue Richmond Crescent Northbound on Waters Avenue Waters Avenue Richmond Crescent Southbound on Waters Avenue This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this day of 2005. THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by deleting from the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Reixinger Rd. Stanley Ave.(e. int) Southbound on Stanley Ave. Reixinger Rd. Stanley Ave.(w. int) Eastbound on Rexinger Rd. First Reading: Second Reading: Third Reading: (2) by adding to the specified columns of Schedule P thereto the following items: COLUMN 1 INTERSECTION Durliat Road and Holloway Bay Road North Willoughby Drive and Baker Road Somerville Road and Willoughby Drive Somerville Road and Willoughby Drive Detenbeck Road and Willoughby Drive Detenbeck Road and Willoughby Drive Stanley Avenue and Reixinger Road (w. int) Stanley Avenue and Reixinger Road (e. int) This By -law shall come into force when the appropriate signs are installed. Passed this DEAN IORFIDA, CITY CLERK STOP SIGNS AT INTERSECTIONS COLUMN 2 FACING TRAFFIC eastbound on Durliat Road southbound on Willoughby Drive eastbound on Somerville Road westbound on Somerville Road eastbound on Detenbeck Road westbound on Detenbeck Road northbound on Stanley Avenue southbound on Stanley Avenue day of 2005. TED SALCI, MAYOR CITY OF NIAGARA FALLS By -law No. 2005 A by -law to amend By -law No. 79 -200, to permit a recreational facility on the south side of McLeod Road, east of Garner Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet B6 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from DH to I(H) and numbered 731, in part, and to EPA and numbered 732, in part, the land on the south side of McLeod Road, east of Garner Road, being Parts 1, 2 and 6 on Reference Plan 59R- 12912, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated I(H) and numbered 731, in part, and EPA and numbered 732, in part, on the plan Schedule 1 attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 4.27.1 and 9.1, and clauses (a), (b), (c), (d) and (f) of section 9.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated I(11) and numbered 731 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of a recreational facility, and except in compliance with the following regulations: (a) Minimum lot area (b) Minimum lot frontage (c) Minimum front yard depth (d) Minimum interior side yard width (e) Minimum rear yard depth (i) between points A and B as shown on the plan Schedule 1 attached to and forming part of this by -law the whole of the land shown hatched and designated I(H) and numbered 731, on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening 202 metres 20.8 metres prior to any required road widening 15 metres 15 metres (ii) between points C and D as shown 20.6 metres on the plan Schedule 1 attached to and forming part of this by -law 3. None of the provisions of sections 4.13 and 4.14 of By -law No. 79 -200 shall apply to permit the placement of an accessory building or accessory structure on the land described in section 1 of this by -law and shown hatched and designated I(H) and numbered 731 on the plan Schedule 1 attached hereto, closer to the "rear lot line" than the distances specified in clause (e) of section 2 of this by -law. 4. Notwithstanding the provisions of section 2.31.9 of By -law No. 79 -200, for the land described in section 1 of this by -law and shown hatched and designated I(H) and numbered 731 on the plan Schedule 1 attached hereto, the "rear lot line" means the line between points A and D (inclusive) as shown on the plan Schedule 1 attached to and forming part of this by law. 5. The holding symbol (H) that appears in section 1 of this by -law and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated I(H) and numbered 731 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall receive approvals from the City of Niagara Falls, the Regional Municipality of Niagara and the Ministry of Environment for sanitary and stormwater servicing. 6. No person shall use the land described in section 1 of this by -law and shown hatched and designated EPA and numbered 732 on the plan Schedule 1 attached hereto, for any purpose, or permit any building or structure to be erected on the land or permit any soil, sand, gravel, rubbish or other similar material to be placed or dumped, or remove any soil or regrade any of the land. 7. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.731 19.1.731 19.1.732 Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: 2 (a) Notwithstanding the provisions of sections 4.27.1 and 9.1, and clauses (a), (b), (c), (d) and (f) of section 9.2 of By -law No. 79 -200, no person shall use the land on the south side of McLeod Road, east of Garner Road, designated I(H) and numbered 731 on Sheet B6 of Schedule "A or erect or use any building or structure thereon, except in compliance with By -law No. 2005- (b) None of the provisions of sections 4.13 and 4.14 of By -law No. 79- 200 shall apply to permit the placement of an accessory building or accessory structure on the land on the south side of McLeod Road, east of Garner Road, designated I(H) and numbered 731 on Sheet B6 of Schedule "A except in compliance with By -law No. 2005- No person shall use the land south of McLeod Road, east of Garner Road, designated EPA and numbered 732 on Sheet B6 of Schedule "A except in compliance with By -law No. 2005- November 7, 2005 November 7, 2005 November 7, 2005 SCHEDULE 1 TO BY -LAW No. 2005- Subject Land Amending Zoning By -law No. 79 -200 Description: Parts 1, 2 and 6 on Reference Plan 59R- 12912, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Applicant: Boys and Girls Club of Niagara KAGIS_ Requests\ 2004\ Schedules \ZoningANAM- 39 \mapping.apr 1:NTS AM- 39/2004 October 2005 CITY OF NIAGARA FALLS By -law No. 2005 A by -law to designate Lots 33, 34 and 49, Registered Plan 59M -324, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as delegated by Ontario Regulation 476/83, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the owner of the said land wishes to create property lines between the existing semi detached units in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to Lots 33, 34 and 49, Registered Plan 59M -324, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for two years from the date ofpassage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005 November 7, 2005 November 7, 2005 CITY OF NIAGARA FALLS By -law No. 2005 A by -law to amend By -law No. 79 -200, to permit a midway containing mechanical and electronic amusement rides and devices and a 28- storey hotel. WHEREAS the City's Official Plan contains policies to ensure the creation of a high- quality built form and urban environment in the City's tourist districts and to provide the opportunity to approve zoning by -law amendments which permit increases in building heights in return for improvements to the public realm as authorized by Section 37 of the Planning Act; AND WHEREAS, pursuant to Section 37 of the Planning Act, the Council of a local municipality may, in a by -law passed under Section 34 of the Planning Act, authorize increases in the height or density of development otherwise permitted by the existing by -law that will be permitted in return for the provision of facilities, services or matters as are set out in the amending by -law; AND WHEREAS subsection 37(3) of the Planning Act provides that, where an owner of land elects to provide facilities, services or matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services or matters; AND WHEREAS the owner of the lands hereinafter referred to has elected to provide the facilities, services and matters as are hereinafter set forth; AND WHEREAS the increase in the height of development permitted hereunder, beyond that otherwise permitted on the aforesaid lands by By -law No. 79 -200, is to be permitted in return for the provision of facilities, services and matters set out in this by -law and to be secured by one or more agreements between the owner of such lands and the Corporation of the City of Niagara Falls (hereinafter referred to as the "City"); AND WHEREAS the City has required the owner of the aforesaid lands to enter into one or more agreements dealing with certain facilities, services and matters in return for the increase in height in connection with the aforesaid lands as permitted; AND WHEREAS City Council has held a Public Meeting to consider these matters, including an increase in height. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by numbering 716, in part, and 717, in part, the land located between Clifton Hill and Robinson Street, west of Queen Victoria Park, as described in Appendix "A" attached to and forming part of this by -law, and shown hatched and designated TC and numbered 716, in part, and TC and numbered 717, in part, on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 2.31.1, Table 1 of clause (a) of section 4.19.1, section 8.6.1 and clause (g) of section 8.6.2 of By law No. 79 200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated TC and numbered 716 on the plan Schedule 1 attached hereto, or the erection or use of any building or structure thereon, for the purpose of a midway and amusement centre that may contain various indoor and outdoor mechanical and electronic amusement rides and devices, except in compliance with the following regulations: (a) Minimum lot area (b) Maximum area that can be used for the purpose of a midway and amusement centre (c) Maximum number of mechanical amusement rides and devices, including a Ferris wheel and roller coasters, that are not fully enclosed within a building (d) Maximum number and maximum height of Ferris wheels (e) Maximum number and maximum height of roller coasters (f) Maximum height of all other mechanical amusement rides and devices (g) Maximum height of all other buildings and structures 2 the whole of the land described in section 1 of this by -law and shown hatched and designated TC and numbered 716 on the plan Schedule 1 attached hereto, save and except for any part that maybe required to be dedicated for the purpose of road widening 4 hectares 20 1, which may have a maximum height of 55 metres 3, 1 of which may have a maximum height of 32 metres, 1 of which may have a maximum height of 20 metres and 1 of which may have a maximum height of 12 metres 12 metres, save and except for 1 mechanical amusement ride, which may have a maximum height of 22 metres and 2 mechanical amusement rides, which may have a maximum height of 15 metres 12 metres, save and except for 2 sign towers, which may have maximum heights of 21 metres, inclusive of any signage, but which shall not contain places of occupancy (h) (i) Location of parking (j) Minimum width of landscape strips along and beside the west property line between points A and B as shown on the plan Schedule 1 attached hereto 3. Notwithstanding the provisions of sections 2.26 and 2.31.1 and clauses (a), (b), (c), (d) and (g) of section 8.6.2 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated TC and numbered 717 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon for the purpose of a hotel having a building height greater than 12 metres, except in compliance with the following regulations: (a) Minimum lot area (b) 3 Minimum parking for all unenclosed components of a midway and amusement centre Location of the various components of the building or structure, their maximum height and maximum number of storeys and minimum yards before any dedication required for road widening (c) Maximum height of a building or structure and maximum number of storeys 150 spaces the parking spaces which cannot be provided on the land described in section 1 of this by -law and shown hatched and designated TC and numbered 716 on the plan Schedule 1 attached hereto, shall be provided and maintained on lands described in section 1 of this by -law and shown hatched and designated TC and numbered 717 on the plan Schedule 1 attached hereto 3 metres the whole of the land described in section 1 of this by -law and shown hatched and designated TC and numbered 717 on the plan Schedule 1 attached hereto, save and except for any part that may be required to be dedicated for the purpose of road widening refer to plan Schedules 2 and 3, attached to and forming part of this by -law and clauses (c) and (d) of this section 110 metres and 28 storeys as measured from the average finished grade level at the front elevation of the building, which shall include the roof feature as required by clause (d) of this section, and is subject to section 6 of this by -law (d) Roof feature 4 (e) Minimum width of landscape strip along and beside the west and south property lines (i) between points B and C as 3 metres shown on the plan Schedule 1 attached hereto (ii) between points C and D as shown on the plan Schedule 1 attached hereto the hotel shall have a roof feature which has a height not less than 14 metres above the top storey. The roof feature shall be a distinct architectural element of the building and shall not contain a place of occupancy 6 metres 4. The owner of the lands described in section 1 of this by -law is required, pursuant to subsection 37(3) of the Planning Act, to enter into one or more agreements with the City in order to secure the facilities, services and matters referred to in section 5 of this by -law and such agreements are to be registered on title. 5. The height of the building or structure permitted by section 3 of this by -law shall only be permitted subject to compliance with the conditions set out therein and in return for the provision by the owner of the lands described in section 1 of this by -law, providing the following facilities, services or matters to the City, namely: (a) streetscape improvements to the street frontages along Clifton Hill and Robinson Street and the former CP Rail corridor, if same is developed as the Grand Boulevard in accordance with the Official Plan, adjoining the subject lands described in section 1 of this by -law, inclusive but not necessarily limited to sidewalks, street trees, street furniture, street lighting and landscaping, not covered by Development Charges and 2% parkland dedication, as detailed in the City's Tourist Area Streetscape Master Plan and the City's Urban Design Guidelines and as more particularly described in the Section 37 Agreement dated the 7 day of November, 2005, and made between HOCO Limited as Owner and The Corporation of the City of Niagara Falls as City; and (b) a building design approved by Council, as contained in the bonusing clause of the agreement, referred to in section 4 of this by law, which assists in adding a distinct and interesting element to the City of Niagara Falls skyline. The design shall include distinctive massing, surface articulation and a roof feature. 6. For the purpose of this by -law, "roof feature" shall mean a distinct architectural element erected above the top storey of the hotel tower component and shall not contain a place of occupancy 19.1.716 19.1.717 Passed this seventh day of November, 2005. First Reading: Second Reading: Third Reading: November 7, 2005 November 7, 2005 November 7, 2005 5 or be used for commercial purposes, but shall be constructed to enhance the design of the hotel building and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding section 4.7 of By -law No. 79 -200, and except for any flagpoles or other similar decorative roof features and radio, telephone or telecommunications towers or antennae, no water tank, elevator or other mechanical penthouse shall have a height greater than the roof feature. 7. Section 19 of By -law No. 79 -200 is further amended by adding thereto the following: None of the provisions of section 2.31.1, Table 1 of clause (a) of section 4.19.1, section 8.6.1 and clause (g) of section 8.6.2 of By -law No. 79 -200, shall apply to prevent the use of the land located between Clifton Hill and Robinson Street, west of Queen Victoria Park, designated TC and numbered 716, on Sheet D4 of Schedule "A or the erection or use of any building or structure thereon, for the purpose of a midway and amusement centre that may contain various indoor and outdoor mechanical and electronic amusement rides and devices, except in compliance with By -law No. 2005- Notwithstanding the provisions of sections 2.26 and 2.31.1 and clauses (a), (b), (c), (d) and (g) of section 8.6.2 of By -law No. 79 -200, no person shall use the land located between Clifton Hill and Robinson Street, west of Queen Victoria Park, designated TC and numbered 717, on Sheet D4 of Schedule "A or erect or use any building or structure thereon for the purpose of a hotel having a building height greater than 12 metres, except in compliance with By -law No. 2005- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR 6 APPENDIX "A" Lot 16 and Part of Lots 13, 14, 15, 17 and 18, Buchanan's Plan No. 542, now known as Plan 281; Part of Range 24 and Block 25 east of Clark Avenue (formerly Street), Falls Company Plan, now known as Plan No. 1. Lot 100 and Block 12 on the southwesterly side of Clifton Hill (formerly Ferry Road), Plan 35, now known as Plan 1002, all for the former Town of Niagara Falls, now City of Niagara Falls, in the Regional Municipality of Niagara designated as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 on Plan 59R- 2892. SCHEDULE 1 TO BY -LAW No. 2005- Subject Land Amending Zoning By -law No. 79 -200 Legal Description: See Appendix A Applicant: HOCO Limited Assessment 272503000220100 272503000202500 272503000219700 272503000202700 272503000220200 272503000202600 272503000220000 272503000202402 272503000219800 272503000202500 272503000219900 272503000202400 272503000203000 1:NTS AM- 23/2004 SCHEDULE 2 TO BY -LAW No. 2005- Location of Hotel and Other Buildings and Structures Location Maximum of Storeys Maximum Heigh Legal Description: Refer to Schedule 3 4 storeys 15 m 0 storeys 0 m Assessment Amending Zoning By -Law No. 79 -200 272503000220100 272503000202500 272503000219700 272503000202700 272503000220200 272503000202600 272503000220000 272503000202402 272503000219800 272503000202500 272503000219900 272503000202400 272503000203000 Applicant: HOCO Limited See Appendix "A" I:NTS AM- 23/2004 K: \GIS_Requests\ 2004\ Schedules \ZoningAM\AM- 23\mapping.apr August 2005 Amending Zoning By -Law No. 79 -200 Podium and Tower and Roof Feature Components Location Maximum of Storeys Maximum Height Legal Description: See Appendix "A" SCHEDULE 3 TO BY -LAW No. 2005- 28 storeys 110 m CD 15 storeys 51 m O 4 storeys 12 m 0 storeys 0 m Assessment 272503000220100 272503000202500 272503000219700 272503000202700 272503000220200 272503000202600 272503000220000 272503000202402 272503000219800 272503000202500 272503000219900 272503000202400 272503000203000 Applicant: HOCO Limited 1:NTS AM- 23/2004 K: \GIS_Requests\ 2004\ Schedules \ZoningAM\AM- 23\mapping.apr August 2005 CITY OF NIAGARA FALLS By law No. 2005 A by -law to authorize the execution of an Agreement for Design Services with WalkerGroup /CNI, Inc. respecting the Downtown Strategic Implementation Study. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement for Design Services dated the 18` day of October, 2005, and made between The Corporation of the City of Niagara Falls and The Downtown Business Improvement Associations as Owner and WalkerGroup /CNI, Inc. as Designer, respecting the development of strategy and conceptual masterplan and urban design guidelines for Park, Bridge and Queen Streets, in the City of Niagara Falls, subject to the terms and conditions as set out in the Agreement for Design Services and an excerpt of the first page attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement for Design Services. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement for Design Services. Passed this seventh day of November, 2005. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: November 7, 2005 November 7, 2005 November 7, 2005 AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT "Agreement made as of thisl8th day of October, 2005 BETWEEN: The Corporation of the City of Niagara Falls and The Downtown Business Improvement Associations (BIA) Hereinafter called the "Owner", and WalkerGroup /CNI, Inc. 95 Morton Street New York, New York 10014 Hereinafter called the "Designer FOR THE FOLLOWING PROJECT: SCHEDULE "A The project "Project is described in detail in Exhibit A hereto. ARTICLE 1 BASIC SERVICES The Designer's scope of Basic Services is described in Sections 1.1 through 1.5. 1 of the FIRST PART; of the SECOND PART. By -law No. 2005 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7 day of November, 2005. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 7t day of November, 2005 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this seventh day of November, 2005 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS November 7, 2005. November 7, 2005. November 7, 2005.