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2005/12/05 AdditionsCouncil Item No. 49 1. Letter dated December 1, 2005 from Rocco Vacca, Sullivan Mahoney, acting as the solicitor for the Applicant Peter J. Lesdow on this matter, Proposed Townhouse Development Existing Church. 2. Letter from Patrick DelDuca regarding the Zoning By -law Amendment Application, Proposed Townhouse Development and Existing Church. Item No. 50 1. Background and Research Report from Joan Larocque, Project Consultant, The Larocque Group. re: PD- 2005 -100. Additional Communication 1. Winter Festival of Lights Waiver of Fees A request by the WFOL to waive fees associated with the Candy Cane Lane 5K Race and Family Fun Run. Memo from City Clerk. RECOMMENDATION: That the waiver not be granted. R- 2005 -39 Ripley's Entertainment Outdoor Ice Facility -AND- ADDITIONS TO COUNCIL, MONDAY, DECEMBER 5, 2005 1. Letter dated November 30, 2005 from Dolores Martin re: R- 2005 -39 Ripley's Entertainment- Outdoor Ice Facility. 2. Email from Kevin McCauley, he has a concern with the entrance way on Leader Lane giving access to the Great Wolf Lodge. 12/01/2005 16:01 December 1, 2005 City of Niagara F lls 4310 Queen Street NIAGARA PALL', ON L2E 6X5 Dear Sir: Re; PD- 2005 -9 Reconsideration of Decision AM -20/20 1 5,Zoning By -law Amendment Application Applicant: Peter J. Lesdow Proposed i ownhouse Development Existing Church via fax#905.356.9 a 83 9053570501 Attention: Dean I a rflda, City Clerk We act as solicitors for the Applicant in this matter. We have now had opportunity to review report PD- 2005 with our client. We understand that a number of the prop rty owners in the area continue to be in opposition to the application and further that at least one ow er has requested that our client defer the application as she will not be available to attend the public m eting on December 5, 2005, Therefore, under the circumstances and as an act of good faith we have nstructions to request that the application be deferred for a period of sixty(60) days. We advise that it r trains our client's intention to work towards final certification of the related severance applicati n in this matter(B20/2005/NF) as soon as possible. We understand that the final condition to the sev -ranee to be satisfied involves the execution of an agreement to be registered on title to the subject 1 nds between the City and the Niagara Worship Centre whereby the agreement would specify that .o development would be permitted on the lands until provision is made for a storm sewer system to s ice the severed lands. We understand that the Niagara Worship Centre's solicitor is working with the 'City on the agreement which we trust will be prepared, executed and registered on title so that the severance may be completed as soon as possible. We trust that the above is satisfactory. If you have any questions or concerns in respect to the above, please do not hesitate to contact this writer. V.F. Muratori, Q.C. J. D,Iloi M,J, Bonomi J. Clarkson 40 Qu en Street, P. 0. Box 1360, St, Catharines, Ontario L2R 6Z2 Telephone; 905 688 -6655, Facelmllel 905 -688 -5814 781 Portage Road, Niagara Falls, Ontario 1..2E 681 Telephone! 905. 8574500, Facsimile! 905457 -0501 P.B, B and D.A. a 5110 G,W, 'Cann B. 1. T ,up G.A. Wiggins J.M. Clout! S.J. Preml S. Mckay BARRISTERS SOLICITORS Please reply to the Niagara Falls Office P.T, Banwell, Q.C. R.H. Culliton C, D'Angelo R.D. SQccio DOUGLAS GOSLIN Of Counsel (Carnmataial Law): M.D. Kriluok T,A, Richardson J.R. Bush R. Vacca M. Lasoak P,M. Sheehan P.A. Mahoney T. Wall N. Paduraru PAGE 01/02 W,B. McKalg B.A. Macdonald K.A. King 11 12/01/2005 16:01 Yours truly, SULLIVAN MAHONEY LLP Per: Rocco Vacca RV:rhh cc. Doug Darbyso cc. William Slov cc. client cc. Jeff Holman, 9053570501 via fax #905.356.2354 via fax #905.9410 Page 2 unicipal Works Dept. #905.356.2354 DOUGLAS GOSLIN PAGE 02/02 Mr. Ted Salci, Mayor and Members of City Council: I am writing to you not just as a local realtor but also as a concerned neighbour and home owner regarding a nearby proposed development of 25 unit luxury town home bungalows located on Dorchester Road, south east corner of Frederica next to the Niagara Worship Center. As you are aware, the Niagara Worship Center fronting onto Frederica Street has recently decided to sever and sell the southern portion of their property, an unused, mostly rectangular Parcel of land fronting onto Dorchester Road. I am proud and feel fortunate to have brokered the sale of this property to a local and Renowned Architect and one of Niagara's Premier Home Builders. These accomplished professionals have pooled their talents and resources to produce an Exclusive Upscale Residential Development that is unique to this city, and geared toward seniors, retirees and empty nesters. There is a growing demand for bungalow condominiums in Niagara Falls, and in my opinion as a Realtor and neighbour, this development will be a definite improvement to our neighbourhood and also a benefit to the City, as it will increase the Tax Revenues. The increased tax base generated by the development of these condominiums, could perhaps help finance some of the much needed improvements to the storm sewers etc., which some of the immediate homeowners had expressed concern about. It is my understanding, that currently, the City does not have the funds in the budget for any such improvements or repairs. In fact, it could be a few years before the budget will allow for any such work to commence. Each office independently owned and operated REALTOR RE('A1I C Niagara Realty Ltd. 5627 Main Street, Niagara Falls, Ontario L2G 5Z3 (905) 356 -9600 Fax (905) 374 -0241 This land is presently zoned for Institutional Development which allows for the construction of a variety of uses which could have a detrimental effect on our neighbourhood and certainly a harsher impact than the proposed residential use. I empathize with the neighbours directly abutting these lands who are most affected and those who have opposed the amendment of the zoning from institutional to an R -4 Residential zone. I am sure they would prefer no development at all and favour the vacant land. However, this property has been purchased for the purpose of development and leaving this land vacant and undeveloped is no longer an option. With our city growing in leaps and bounds and with this property being so centrally located, the development of these lands are eminent. My concern is if these `residential' condominium bungalow town homes are not approved, the alternative development of an institutionally zoned complex would adversely affect not just the abutting neighbours but also the rest of our neighbourhood as well. I urge you to support the rezoning application for these 25 unit luxury bungalow town homes. These developers have worked tirelessly over the last twelve months to ensure that these townhomes will be aesthetically pleasing, that the older trees on the property could be preserved, scaled back the number of units allowed for this size property, and also allowed for about 42% of the land to remain for landscape, thereby, minimizing the effect on the privacy of the of the neighbouring properties. The current Institutional Zone only calls for 5% landscape, structures up to three stories high and almost 10 times the amount of units could be constructed on this land. It is clear that such a development will not only have a huge effect on privacy of neighbouring lands, and instead of attractively landscaped patio and common area spaces abutting their properties, these neighbours could be faced with parking lot paved areas, garbage dumpsters and many windows peering into their yards. Also, I am sure with only 5% landscape required, most if not all of the beautiful trees on this property will be removed. I trust that as members of council you will base your decisions regarding the rezoning of this property on what would be best for both the neighbourhood and the city. The same neighbours who are currently lobbying for the zoning to remain Institutional, will not have any opportunity to object to the construction of an Institutional Building. The effects on their privacy and property values will be devastating. These upscale, Residential Bungalow Townhouse Condominiums are without a doubt, much better for our neighbourhood than the alternative Institutional Development. I urge you as councilors to take all of these factors into consideration, and to vote in favour of this rezoning application. It isthe best alternative for all of the neighbours, especially those neighbours who own the adjoining properties which will be most affected by development. I look forward to our next City Council Meeting scheduled for December 5 2005 and trust that you will all make the right decision when casting your vote. Patrick DelDuca Associate Broker Re /Max Niagara Realty Ltd. Telephone: 905.356.9600 VIA COURIER City of Niagara Falls Clerks Department 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Thank you. 4 THE LAROCQUE GROUP PROJECT CONSULTING LAND INFORMATION MANAGEMENT SYSTEMS (ONTARIO LAND SVRV'EI ORs Attention: Mr. Dean lorfida, City Clerk Re: Draft Plan of Subdivision /Condominium Application City File No. SPC- 10/2005 6400 Huggins Apartments Inc. PIN 64279 -0317 (LT) Being Parcel 61 -2, Section 59- Stamford Parts 1 and 2 on Plan 59R -9979 Geographic Township of Stamford Now City of Niagara Falls Regional Municipality of Niagara Municipal Address: 6400 Huggins Street November 28, 2005 I would appreciate it if you would ensure that the Councillors and Mayor receive a copy of the attached report as soon as possible. Should you be unable to ensure they receive it before the Public Meeting of December 5, 2005, could you please contact me upon receipt of this correspondence. We enclose six (6) copies of the report for staff. A copy has been provided directly to the Planning Department today. Should you require additional copies, please contact our office. Yours truly, THE LARD r %1 E GROUP ir L •cque i JL:pm File: NS2005 -011 Encls: Packages to Councillors cc: Mr. Mac Champsee, Vice President, 6400 Huggins Apartments Inc. (letter only) Mr. Richard Wilson, Planner 2, City of Niagara Falls (letter and 1 copy of report) ICHARD LAROCQUE LTD. RICHLAR LIMITED Ontario Land Surveyors Consultants Richard Larocque, OLS Joan Larocque R. Brent Larocque, BSc OLS 12 Lyman Street, St. Catharines, ON L2R 5M7 Telephone: 905- 688 -1413 Fax: 905 688 -1256 6385 Colborne Street, Niagara Falls, ON L2J 4B9 Telephone: 905- 358 -8400 Email: consultants@larocquegroup.ca Website: www.larocquegroup.ca Joan Project BACKGROUND AND RESEARCH REPORT 6400 HUGGINS APARTMENTS INC. 6400 HUGGINS STREET NIAGARA FALLS, ONTARIO FOR COUNCIL MEETING DECEMBER 5, 2005 CITY OF NIAGARA FALLS FILE NO. SPC- 10/2005 TLG FILE NO. NS2005-011 NOVEMBER 28, 2005 THE LAR6&QuE GROUP I FIT T 12 Lyman Street, St. Catharines, 6385 Colborne Street, Niagara Falls, Ontario L2R 5M7 Ontario L2J 4B9 Telephone: 905-68 8-1413 Telephone: 905- 358 -8400 Fax 905 -688 -1256 Website: www larocquegroup.ca Emaib consultants@larocquegroup.ca INDEX STATISTICS 1 PROPOSAL 2 THE SITE 2 LOCATION 2 OFFICIAL PLAN 2 ZONING 2 DRAFT PLAN CONDITIONS 3 RESIDENTS 3 TENANT PROTECTION ACT 1997 3 AFFORDABLE HOUSING 4 VACANCY RATES AND CMHC REPORTS 5 CONCLUSIONS AND SUMMARY 6 EXHIBITS Letter to Tenants dated September 30, 2005 A Excerpt from Tenant Protection Act 1997 B PAGE STATISTICS RE: APPLICATION FOR DRAFT PLAN OF CONDOMINIUM LOCATION: 6400 HUGGINS STREET, NIAGARA FALLS, ONTARIO OWNER AND APPLICANT: 6400 HUGGINS APARTMENTS INC. LEGAL DESCRIPTION: PIN 64279- 0317(LT) BEING PARCEL 61 -2, SECTION 59- STAMFORD PARTS 1 AND 2 ON PLAN 59R -9979 GEOGRAPHIC TOWNSHIP OF STAMFORD NOW CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA ZONING: RESIDENTIAL APARTMENT 5C DENSITY (R5C) CITY OF NIAGARA FALLS OFFICIAL PLAN DESIGNATION: RESIDENTIAL REGIONAL MUNICIPALITY OF NIAGARA OFFICIAL PLAN DESIGNATION: URBAN Page 1 PROPOSAL THE PROPOSAL IS TO CONVERT THE EXISTING 80 -UNIT RENTAL APARTMENT TO A CONDOMINIUM PERMITTING INDIVIDUAL OWNERSHIP OF EACH UNIT WITH COMMON AREAS BEING SHARED BY ALL OWNERS. THIS IS A CHANGE IN LEGAL TENURE ONLY. THE SITE 6400 HUGGINS STREET WAS BUILT IN APPROXIMATELY 1970. IT CONTAINS A TOTAL OF 80 UNITS OF WHICH THERE IS ONE (1) BACHELOR UNIT, 26 ONE (1) BEDROOM UNITS, 45 TWO (2) BEDROOM UNITS AND 8 THREE (3) BEDROOM UNITS. THE BUILDING IS ONE OF TWO WHICH ARE PRESENTLY BEING UPGRADED BY THE OWNERS. MOST OF THE OLD BRICK ON THE EXTERIOR IS BEING REPLACED BY STUCCO AND THE MAJORITY OF THE WINDOWS ARE PRESENTLY BEING REPLACED. LANDSCAPING IS PLANNED FOR 2006. LOCATION THE SITE COMPRISES 8,073.7 SQUARE METRES ON THE SOUTH SIDE OF HUGGINS STREET. OFFICIAL PLAN THE OFFICIAL PLAN DESIGNATES THIS PARCEL AS RESIDENTIAL. ZONING THE ZONING FOR THIS PARCEL IS RESIDENTIAL APARTMENT 5C DENSITY (R5C) THROUGH ZONING BY -LAW NO. 79 -200. Page 2 DRAFT PLAN CONDITIONS MY CLIENT HAS REVIEWED THE PROPOSED CONDITIONS OF DRAFT PLAN OF CONDOMINIUM APPROVAL AS SET OUT IN THE PLANNING REPORT AND HAS NO OBJECTIONS TO ANY OF THEM. RESIDENTS A MEETING WITH THE TENANTS WAS HELD ON OCTOBER 12, 2005. AT THAT MEETING, A 3 -YEAR LEASE WAS OFFERED TO THE TENANTS IF THE APARTMENT IS CONVERTED TO CONDOMINIUM AS SET OUT IN THE LETTER TO THEM DATED SEPTEMBER 30, 2005. A COPY OF THIS LETTER WAS PROVIDED TO THE PLANNING DEPARTMENT (EXHIBIT A). ANY TENANT WISHING TO ACCEPT A 3 -YEAR LEASE WOULD BE PROVIDED WITH UPGRADES TO THEIR UNIT TO A VALUE OF $2,000. THOSE TENANTS WHO DID NOT WISH TO ENTER INTO A LEASE HAVE BEEN ASSURED THAT THEIR TENANCY WILL CONTINUE ON THE SAME BASIS AS AT PRESENT. TENANT PROTECTION ACT 1997 THIS ACT PROTECTS THE TENANT WHEN A UNIT IS CONVERTED TO A CONDOMINIUM AND PROVIDES MORE RESTRICTIONS TO THE OWNER FOR GIVING NOTICE THAN WHEN IN AN APARTMENT COMPLEX (SEE SECTIONS 53 AND 54 OF THE TENANT PROTECTION ACT S.O. 1997). ALSO, MY CLIENT HAS INDICATED THAT HE HAS NO INTENTION OF SELLING ANY OF THE UNITS AT THIS TIME IF CONVERTED TO CONDOMINIUM. IT SHOULD ALSO BE NOTED THAT IN MANY CASES WHERE APARTMENTS ARE CONVERTED TO CONDOMINIUMS, THAT WHEN UNITS ARE PUT ON THE MARKET FOR SALE, THEY MAY BE PURCHASED BY INVESTORS WHO CONTINUE TO RENT THEM. AN EXCERPT FROM THE TENANT PROTECTION ACT 1997 IS APPENDED HERETO AS EXHIBIT B. Page 3 AFFORDABLE HOUSING THE OFFICIAL PLAN FOR THE CITY OF NIAGARA FALLS INDICATES THAT THE "...MUNICIPALITY SHALL INFLUENCE THE PROVISION OF AFFORDABLE HOUSING..." (SECTION 4.1). IN THE EVENTUALITY THAT SOME OF THESE UNITS ARE SOLD, OBVIOUSLY THE FIRST UNITS SOLD WOULD BE THOSE THAT ARE VACANT. THESE UNITS WOULD PROVIDE MUCH NEEDED AFFORDABLE HOUSING WITHIN THE CITY OF NIAGARA FALLS. DUE TO THE COST OF CONSTRUCTION AND THE CURRENT MARKET, MOST UNITS BUILT TODAY DO NOT MEET AFFORDABLE CRITERIA. THE EXPECTED PRICE RANGE FOR THESE APARTMENTS, BASED ON TODAY'S MARKET, ARE: 1 BEDROOM $75,000 TO $85,000 2 BEDROOM $89,000 TO $110,000 3 BEDROOM $115,000 TO $125,000. IT SHOULD BE NOTED THAT AFFORDABLE HOUSING WAS CONSIDERED TO BE ANY UNIT UNDER $130,500 IN 1995 WITHIN THE REGIONAL MUNICIPALITY OF NIAGARA. THESE ARE THE LAST FIGURES AVAILABLE FROM THE MINISTRY OF HOUSING. Page 4 VACANCY RATES AND CMHC REPORTS THE AVERAGE VACANCY RATE FOR NIAGARA FALLS USING CMHC FIGURES, WHEN APPLIED TO THIS BUILDING BASED ON BEDROOM STRUCTURE, IS 3.93 THE OVERALL APARTMENT VACANCY RATE FOR NIAGARA FALLS FOR 2004 IS AT 3.7 BASED ON INFORMATION RECEIVED FROM CMHC, IT SHOULD BE NOTED THAT THIS DOES NOT LIST ALL OF THE APARTMENTS OR VACANCIES IN THE CITY OF NIAGARA FALLS. ANY CONDOMINIUMS WHICH ARE RENTED ARE ONLY INCLUDED IF LESS THAN 50% OF THE CONDOMINIUMS IN THE COMPLEX ARE OWNER- OCCUPIED. NO APARTMENT UNITS WITHIN PRIVATE HOMES ARE LISTED UNLESS THERE ARE THREE OR MORE UNITS IN THE HOME BEING RENTED OUT. OBVIOUSLY THIS MEANS THAT WHERE INDIVIDUAL INVESTORS PURCHASE UNITS AND THE UNIT CONTINUES TO BE RENTED OUT, THERE ARE ONLY A FEW CASES WHERE THEY WOULD BE LISTED IN THE CMHC MARKET REPORTS. THE CONCLUSION IS THAT THERE IS CONSIDERABLY HIGHER RENTAL VACANCIES THAN REVEALED BY CMHC MARKET REPORTS. Page 5 CONCLUSIONS AND SUMMARY 1. CITY OF NIAGARA FALLS PLANNING STAFF ARE RECOMMENDING APPROVAL OF THIS APPLICATION. 2. THE VACANCY RATE IS QUITE HIGH IN NIAGARA FALLS AND THIS WILL NOT ADVERSELY EFFECT THE NUMBER OF UNITS AVAILABLE FOR RENT WITHIN THE CITY OF NIAGARA FALLS. 3. THE EVENTUAL SALE OF SOME OF THESE UNITS WOULD PROVIDE VERY AFFORDABLE HOUSING UNITS WHICH IS SET OUT AS A MANDATE IN YOUR OFFICIAL PLAN. WITH THE COST OF NEW CONSTRUCTION, THESE CONVERSIONS OFTEN PROVIDE ONE OF THE FEW OPTIONS TO ENCOURAGE YOUNG PEOPLE TO PURCHASE A HOME IN THE MUNICIPALITY. DATED: NOVEMBER 28, 2005 YOUR CONSIDERATION FOR APPROVAL OF THIS APPLICATION WOULD BE APPRECIATED. RESPECTFULLY SUBMITTED, OCQ A E T CONSULTANT Page 6 September 30 2005 6400 Huggins Apartments Inc. 19 -2555 Victoria Park Avenue, Suite 321, Toronto, Ont. M1T 1A3 THE RESIDENTS AT 6400 HUGGINS: We thank you for your patience and co- operation in coping with the noise and dust during the ongoing renovations at both the buildings. We expect that all the exterior work will be completed by the end of October. Thank you very much. Mac Champsee, Vice President Exhibit A We wish to inform you that we have made an application to convert the rental suites at 6400 Huggins Apartments to condominium status under the provisions of the Condominium Act 1998 (Ontario). Our building at 6390 Huggins has had condominium status for almost ten years; upgrading both buildings simultaneously simply makes sense. We assure you that the condominium conversion will not affect your tenancies in any way as your tenancy rights are protected through the Tenant Protection Act. We have no immediate plans for selling any of the individual apartments at this time. The change of status will not result in any premature terminations of your tenancies. The conversion process will, however, result in other improvements to the building and the property besides what we have done so far. We have completed restoration of the brickwork, balconies, replacement of majority of the windows and are in process of completing the stucco work, and replacing of all the railings. In the near future, we intend to upgrade the lobby, refurbish the common sitting area, improve landscaping and exterior lighting, repair the parking lot and provide new signage for the building. We will keep you advised of our plans for these upgrades from time to time. All tenants of 6400 Huggins Apartments will be given the first opportunity to purchase their suites once the condominium registration is complete. We intend to provide you with an incentive to purchase your own apartment on very favourable terms, and completely renovate individual units when we offer them for sale. Once we obtain an approval from the City for such conversion, we will provide you with more details as to how you can convert your tenancy into home ownership. However, should you elect not to purchase, but continue with your tenancy for a minimum period of three years, we will provide you with upgrades such as new carpeting, painting or new appliances, etc., to a value of approximately two thousand dollars. We have organized a meeting for all of you, on Wednesday, October 12 2005, at 7:00 p.m. at Stamford Lions Club Memorial Hall located at 3846 Portage Road, Niagara Falls and have invited our consultant, Joan Larocque of the Larocque Group who will explain the condominium process and answer any questions. You are welcome to contact her at the Larocque Group, 12 Lyman Street, St. Catharines, Ontario L3R 5M7 at any time. Her phone number is (905) 688- 1413 and her fax number is (905) 688 -1256. CHAPTER 24 Tenant Protection Act, 1997 Amended by: 1998, c. 19, s. 186; 1999, c. 6, s. 62; 2000, c. 26, Sched. K, s. 6; 2000, c. 27, s. 179; 2001, c. 9, Sched. J, s. 4; 2001, c. 13, s. 32. As of October 7, 2002. Skip Table of Contents CONTENTS PART 1 INTRODUCTION 1. Interpretation 2. Application of Act 3. Exemptions from Act 4. Exemptions from rules relating to rent 5. Exemptions related to social, etc., housing 6. Rent geared to income 7• Application to determine issues PART I1 RIGHTS AND DUTIES OF LANDLORDS AND TENANTS TENANCY AGREEMENTS 8 Tenancy agreement 9• Commencement of tenancy 10. Frustrated contracts II L Covenants interdependent 12. Covenants running with land 13. Minimize losses 14. Acceleration clause void 15. "No pet" provisions void 16. Provisions conflicting with Act void ASSIGNMENT AND SUBLETTING I Assignment of tenancy 1 8• Subletting rental unit ENTRY INTO RENTAL UNIT OR RESIDENTIAL COMPLEX 19. Privacy 20. Entry without notice 21. Entry with notice �2 Entry by canvassers 23. Changing locks 24. ADDITIONAL RESPONSIBILITIES OF LANDLORD L andlord's responsibility to repair 25. Landlord's responsibility re services 26. Landlord not to interfere with reasonable o en 1 2 Landlord not to harass, etc. enjoyment ADDITIONAL RESPONSIBILITIES OF TENANT 20. Tenant not to harass, etc. Exhibit B Same, housekeeping (2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and, (a) the landlord enters the unit at the times specified in the tenancy agreement; or (b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m. Entry to show rental unit (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20. Entry with notice 21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances: 1. To carry out a repair or do work in the rental unit. 2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit. 3. To allow a potential purchaser to view the rental unit. 3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998. 4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186. Same (2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m 1997, c. 24, s. 21 (2). Entry by canvassers 22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material. 1997, c. 24, s. 22. Changing locks 23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys. Same (2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 23. ADDITIONAL RESPONSIBILITIES OF LANDLORD Landlord's responsibility to repair 24. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. Same (2) Subsection (1) applies even if the tenant was aware of a state of non repair or a contravention of a standard before entering into the tenancy agreement. 1997, c. 24, s. 24. 15 Same (2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance tin with subsection (1). Same (3) If, within six months after the tenant's death, the executor or administrator of the estate executor or administrator, a member of the tenant's family claims any property of the tenant landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of, (a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling (b) any arrears of rent. Same (4) If, within the six month period after the tenant's death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant's family claims any property of the tenant that the landlord has retained for the landlord's own use, the landlord shall return the property to the tenant's estate. Agreement (5) A landlord and the executor or administrator of a deceased tenant's estate may agree to terms other than those set out this section with regard to the termination of the tenancy and disposal of the tenant's property. 1997, c. 24, s. 50. NOTICE BY LANDLORD FOR TERMINATION AT END OF PERIOD OR TERM Notice, landlord personally, etc., requires unit 51. (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord's spouse or same -sex partner or a child or parent of one of them. 1997, c. 24, s. 51 (1); 1999, c. 6, s. 62 (4). Same (2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. Earlier termination by tenant (3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. Same (4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 51 (2-4). Where purchaser personally requires unit 52. (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by the purchaser, the purchaser's spouse or same -sex partner, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (9). Same, condominium (1.1) If a landlord who is an owner as defined in clause (a) or of the definition of Condominium Act, 1998 owns a unit, as defined in subsection 1 (1) of that Act, that is a rental un and 1 s 'ES entered into an of the agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by the purchaser, the purchaser's spouse or same -sex partner, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (10). Period of notice (2) The date for termination specified in a notice given under subsection (1) or (1.1) shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 52 (2); 2000, c. 26, Sched. K, s. 6 (11). of the tenant, or if there is no that the landlord has sold, the the property; and n in Earlier termination by tenant (3) A tenant who receives notice of termination under subsection (1) or (1.1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. 1997, c. 24, s. 52 (3); 2000, c. 26, Sched. K, s. 6 (12). Same (4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 52 (4). Notice, demolition, conversion or repairs 53. (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to, (a) demolish it; (b) convert it to use for a purpose other than residential premises; or (c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit. Same (2) The date for termination specified in the notice shall be at least 120 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. Same (3) A notice under clause (1) (c) shall inform the tenant that if he or she wishes to exercise the right of first refusal under section 56 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact m accordance with subsection 56 (2) before vacating the rental unit. Earlier termination by tenant (4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. Same (5) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 53. Conversion to condominium, security of tenure 54. (1) If a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 on or after June 17, 1998, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of a rental unit when it became subject to the registered declaration and description. 2000, c. 26, Sched. K, s. 6 (13). Proposed units, security of tenure (2) If a landlord has entered into an agreement of purchase and sale of a rental unit that is a proposed unit under the Condominium Act or the Condominium Act, 1998, a landlord may not give a notice under section 51 or 52 to the tenant of the rental unit who was the tenant on the date the agreement of purchase and sale was entered into. 2000, c. 26, Sched. K, s. 6 (13). Non-application (3) Subsections (1) and (2) do not apply with respect to a residential complex if no rental unit in the.omplex was rented Nor before July 10, 1986 and all or part of the complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 before the later of, ticifet the day that is two years after the day on which the first rental unit in the complex was first rented; and (b) June 17, 2000. 2000, c. 26, Sched. K, s. 6 (13). Assignee of tenant not included (4) Despite subsection 17 (8), a reference to a tenant in subsection (1), (2) or (5) does not include a person to whom the tenant subsequently assigns the rental unit. 2000, c. 26, Sched. K, s. 6 (13). IN Conversion to condominium, right of first refusal (5) If a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises and still occupied by a tenant who was a tenant on the date of the registration referred to in subsection (1) or an acceptable offer to purchase a rental unit intended to be converted to a condominium unit, the tenant has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the offer. 1997, c. 24, s. 54 (5). Same (6) The landlord shall give the tenant at least 72 hours notice of the offer to purchase the unit before accepting the offer. 1997, c. 24, s. 54 (6). Exception (7) Subsection (5) does not apply when, (a) the offer to purchase is an offer to purchase more than one unit; or (b) the unit has been previously purchased since that registration, but not together with any other units. 1997, c. 24, s. 54 (7). Compensation, demolition or conversion 55. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if, (a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non residential use; (b) the residential complex in which the rental unit is located contains at least five residential units; and (c) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 1997, c. 24, s. 55. Tenant's right of first refusal, repair or renovation who receives notice of termination of a tenancy for the 56. accordancee with this s ction, have a right of first refusal to occupy the rental unit as aotenant wen the renovations or may, in are completed. when the repairs or renovations Written notice (2) A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit. Rent to be charged (3) A tenant who exercises a right of first refusal may re- occupy the rental unit at a rent that is no more than what the landlord could 3rave lawfully charged if there had been no interruption in the tenant's tenancy. Change of address (4) It is a condition of the tenant's right of first refusal that the tenant inform the landlord in writing of any change 1997, c. 24, s. 56. Y a of g Tenant's right to compensation, repair or renovation 57. (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 53 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant i& (a) the tenant does not intend to return to the rental unit after the repairs or renovations are complete; (b) the residential complex in which the rental unit is located contains at least five residential units; and (c) the repair or renovation was not ordered to be carried out under the authority of this or any other Act. Same (2) If a tenant has given a landlord notice under subsection 56 (2) with respect to a rental unit in a residential complex containing at least five residential units, the tenant is entitled to compensation in an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation. 1997, c. 24, s. 57. Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Date: December 5, 2005 Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Additional Communication- Waiver of Fees, WFOL Please find attached a request by the Winter Festival of Lights to waive fees associated with the Candy Cane Lane 5k Race and Family Fun Run. The fees being charged are $2,645.58. The amount is primarily overtime costs for the City workers to work the weekend event. STAFF RECOMMENDATION: That the waiver not be granted. RATIONALE: Because it is a weekend event, the Staff required would have to be called out on overtime. The majority of costs would be defined as out of pocket expenses not in kind services. Working Together to Serve Our Communitg The City of Niagara Falls Canada 12 02 05 16:39 WINTER FESTIVAL OF LIGHTS F th ,akLkihts NIAGARA FALLS* ONTARIO CANADA December 2, 2005 Sincerely, WINTER FESTIV OF LIGHTS Dino azio General Manager ID= 9053744683 P.02 5515 Stanley Avenue Niagara Falls, Ontario, Canada L2G 3X4 Tel,: 905 374 -1616 Fax: 905- 374 -4683 E -mail: wfol @niagarafallstourism,com Mayor Ted Salci Members of City Council The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: Candy Cane Lane 5k Race Family Fun Run Request for Waiver of Fees Dear Mayor Salci Members of City Council: The Winter Festival of Lights, in cooperation with the Niagara Fallsview Casino International Marathon, is holding the Candy Cane Lane 5k Race Family Fun Run, in support of Project S.H.A.R.E. on Sunday, December 11, 2005. It is our hope that this inaugural event becomes an annual fundraising initiative for Project S.H.A.R.E. while convincing residents to embrace a healthier lifestyle, even in our winter months. Unfortunately, our good intentions are now in peril as we didn't budget for a City fee of $2.645.58 for staffing and equipment costs. This additional cost will almost certainly cause us to lose money and thus affect our ability to support Project S.H.A.R.E. Therefore, we are asking City Council to waive this fee. Should you have any questions, please do not hesitate to contact me at 905 374 -1616 x. 46. We also hope that you will invite family and/or friends to participate in the event. Dean Iorfida Re: Fwd: Council Meeting Getting on the Agenda Page 1 From: Dean Iorfida Subject: Re: Fwd: Council Meeting Getting on the Agenda Sue Wheeler 12/1/2005 8:27 AM Dean: Attached is a copy of the letter sent and the fees required. They came to us on November 17, 2005 with a request for this event on Lundy's Lane. Due to the extensive nature of the shut down, and the re- direction of traffic from an arterial road, the attached invoice denotes the manpower and hours required to set up, monitor and take down for the traffic plan. Sue Dean lorfida Candy Can Run Invoice.wpd Page 1 Mr. Dino Fazio Winter Festival of Lights 5515 Stanley Avenue Niagara Falls, Ontario, L2G 3X4 RE: Candy Cane Run Costs BY FAX: Dear Mr. Fazio: Community Services Department Municipal Works Traffic Parking Services Ed Dujlovic, P. Eng. Director of Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)) 353 -0651 E -mail: swheeler ©city.niagarafalls.on.ca November 30, 2005 Further to your call this afternoon, attached is an itemized list for your records of the costs for the upcoming Special Event, the Candy Cane run. As soon as payment is made, we will issue the special event permit. I have set matters in motion to ensure that we have staff available to accommodate this event. Please also ensure that the organizers are aware that they will need to hire 150 extra cones for this set up as we do not have them in stock. These are the tall cones with the appropriate reflective collar. Small cones cannot be used. Please have the organizers contact Mr. Guy Corsini, (905) 356 -7521 #6257 as soon as possible so that he can make arrangements as to where to have the cones delivered so we can set up correctly. We look forward to working with your organization and hope to have confirmation for Mr. Corsini as soon as can be arranged. If you have any further questions, please do not hesitate to contact the undersigned. Sincerely Sue Wheeler First Attendance Supervisor Working Together to S 'er' v e u Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Laws sw/ Dean Iorfida Candy Can Run Invoice.wpd Page 2 November 30, 2005 Reference Special Event Permit No. 2005 -48 Sunday Candy Cane Run two crews (4 persons) Candy Cane Run...Staffing and equipment Costs Detour Set -UP Saturday one crew (2 persons) 5 hours Rate: Hour s: Sign Maintainer 22.11 7.5 165.82 9.24 5 Asst. Sign Maintainer 18.41 7.5 138.07 Sign Maintainer 22.11 12 265.32 9.24 6 Asst. Sign Maintainer 18.41 12 220.92 Sign Maintainer 22.11 12 265.32 6.61 6 Asst. Sign Maintainer 18.41 12 220.92 Monday Detour Removal 22.11 5 110.55 9.24 5 one crew (2 persons) 18.41 5 92.05 5 hours 73 Total 1,478.97 Total $187.50 Labour Truck Costs Costs 1,666.47 450.00 !Sub Total 2,116.41 529.11 2,645.58 Total Labour Equipment Signs 25% overhead Total Truck Rate: Hours: *We only have approximately 130 cones in stock, we could probably use another 150 cones to complete the work Wednesday, November 30, 2005 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RE: RIPLEY'S (GREAT WOLF LODGE) Believe It Or Not! (Ripley's) Great Wolf Lodge wants to buy our beautiful Glenview Park, overlooking the Niagara Parkway and Gorge and put in a park on an unsafe "Brownfield" piece of land on Buttrey Street. Why not you ask Glenview Park borders on the Niagara Parkway and the Buttrey Street property is bordered by railway tracks and `Barely Legal" on one side, and on the other, "empty buildings." Good business tactics for "Wolf Lodge" and poor business sense for the City. The Buttrey Street property is an unsafe piece of land because many drunks, drug addicts and vagrants crossing this land, on a pathway that has been there for years. On the other side of Buttrey Street are empty, unsafe buildings. No matter what is done to improve and make a "park" of the Brownfield property, it will be unsafe for our children and I am appalled to think the City would sell our safe park to anyone and that the Recreation Department recommends it. Parkland once established should remain so in perpetuity. This should be our City's Policy formulated on the example that the British follow in protecting their "Commons Parks belong to the people because our taxes bought the land and should not be for sale to developers or anyone else. Shame on the negotiators of our Park! This is the third time developers have gone after the Glenview Park in my lifetime. The wisdom of past aldermen voted to keep this public park for the Glenview people. Voting against this, not only robs people of their parkland but insults the wisdom of past alderman to keep this park. Think about your vote the safety of our children or the satisfaction of a developer. Sincerely 1 Dolores Martin 4336 Leader Lane Niagara Falls, Ontario L2E 2Z6 905- 354 -9835 Dean Iorfida Fwd: Great Wolf Lodge- concern. Residence Notice. From: web master To: Dean Iorfida Date: 12/1/2005 2:29:21 PM Subject: Fwd: Great Wolf Lodge- concern. Residence Notice. Time Stamp: 12/1/2005 2:18:11 PM Question Reference Number:499 Comment/ Question: Cannot locate websiteand/ or e-mail address diofida @niagarafalls.ca to register in writing corresponsences only regarding Ripleys Entertainment- Outdoor Ice Facility.I Kevin Mccauley owner residence 4080 Muir Ave,am writing in concerns with the entrance way on Leader Lane giving access to the Great Wolf Lodge. As prior released information there was to be no entrance available to the property via Leader Lane.Only on Victoria Avenue. Is this an emergency exit route, or are commercial vehicles gaining access through here, and if so, considering the traffic and volume of commercial vehicles, here as ,are you going to re -zone this Leader Lane avenue property commercial? Concerns will the outdoor Ice Rink as well will ther be additional entrances on Leader Lane to this property? Obviously ther is not enough room on this street as it stands to handle large trucks turning into this exit, as it is adjacent directly to my back yard.Ulimately if the street is not widened and paved are you going to compenasate for any building of fences and or noise and traffic related issues? Perhaps that the Great Wolf Lodge should just buy out Leader Lane commercial traffic,emergency and city vehicles general tourism traffic maintenance of this property close to this residential area is a grave concern of mine as well should be of yours. Whether I approve of the Ice Rink or not seems to have no bearing as Council will follow as always, the mighty dollar .Money talks, Ripleys walks on forward the residences of Silvertown have really no say but will adapt and Live on Thank you.Could you please forward this e-mail to diorfida @niagrafalls.ca as per our Residence Notice.Thank you. Kevin McCauley IP Address: 216.221.81.96 file: /C: \Documents %20and %20Settings\ Administrator \Local %20Settings \Temp \GW 000... 12/1/2005 Page 1 of 1