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2006/04/03COUNCIL MEETING Monday, April 3, 2006 Order of Business and Agenda Package COUNCIL MEETING April 3, 2006 PRAYER: Alderman Selina Volpatti O CANADA Annalisa Crisostomo who attends A.N. Myer High School will sing the National Anthem. ADOPTION OF MINUTES: Council Minutes of March 6, 2006 and Council Minutes of March 20, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Education Month DEPUTATIONS /PRESENTATIONS Lou Vescio, Principal, Winnie Chan, student from A.N. Myer Secondary School and Shelley Fehrman, Principal and Adam Kirby, student of Orchard Park Elementary School will be making a deputation to have April designated as Education Month. Cancer Awareness Month and Pink Ribbon Campaign For Breast Cancer Roberta Himes of the Chrome Divas and Charmaine Grace of the Cancer Society will be speaking about the Pink Ribbon Campaign for Breast Cancer and the "Thing-a-Ma-Boob" fundraising campaign. Earth Day Green Expo Volunteers of the Park in the City Environment Committee would like to make a deputation to Council informing them of the upcoming 1 Annual Earth Day Green Expo. Social Services in Niagara Brian Hutchings, Commissioner, Community Services at the Region, will make a presentation to Council on social services in Niagara. Public Meeting Zoning By -law Amendment Application AM- 04/2006, 4637 Ellis Street, Applicants: Ching -Shieh Hsiao Li -Li Chu Proposed 3- Bedroom Bed Breakfast Background Material: Recommendation Report: PD- 2006 -23 -AND- Correspondence from William Stevens, Public Works, Niagara Region Correspondence from David Farley, Director of Planning, Niagara Region Public Meeting Zoning By -law Amendment Application, AM- 02/2006 5525 Victoria Avenue, 5486 and 5492 Union Street and 4858 Kitchener Street, Applicant: 1397878 Ontario Limited (Inn by the Falls) Agent: Rick Brady, Proposed 7- Storey, 108 Room Hotel Background Material: Recommendation Report: PD- 2006 -22 -AND- 2 PLANNING MATTERS Correspondence from David Farley, Director of Planning, Niagara Region Public Meeting Zoning By -law Amendment Application, AM- 01/2006 5720 Dorchester Road 6859 High Street, Applicant: Niagara Orchard Church Agent: Mark Hicks, Dickinson and Hicks Architects Expansion of a Church Parking Area and Storage Facility into a Residential Zone Background Material: Recommendation Report: PD- 2006 -26 -AND- 3 Correspondence from William Steven, Public Works, Niagara Region Correspondence from David Farley, Director of Planning, Niagara Region MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2006 -31 Residential Development Trends; Municipal, Regional and Provincial Policies 2. Chief Administrative Officer PD- 2006 -30 Draft Official Plan Policies for the Willoughby Land Use Area 3. Chief Administrative Officer PD- 2006 -32 Draft Good General Agricultural Policies 4. Chief Administrative Officer PD- 2006 -33 Matters Arising from the Municipal Heritage Committee MAYOR'S REPORTS, ANNOUNCEMENT LEGAL MATTERS 1. Chief Administrative Officer 4 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. 2006 Capital Budget Library Projects requesting approval to undertake library projects in 2006. RECOMMENDATION: For the Approval of Council 2. Downtown Niagara Falls Board of Management requesting approval of the 2006 budget. RECOMMENDATION: For the Approval of Council 3. Canadian Transplant Association requesting that Council proclaim April 23 -30, 2006 as Organ and Tissue Donor Awareness Week in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. Victorian Order of Nurses requesting that May 13 -20, 2006 be proclaimed as National VON Week and also request a flag raising ceremony at City Hall May 15, 2006. RECOMMENDATION: For the Approval of Council 5. Ontario Dental Association Niagara Peninsula Dental Association requesting that April be proclaimed as "Oral Health Month" 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. REPORTS L- 2006 -08 The City of Niagara Falls ats Niagara Parks Commission An Application pursuant to the Assessment Act. File NO. 2005 -255 F- 2006 -20 Municipal Accounts 5 RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) 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. L- 2006 -07 Discharge of O.H.R.P. Loan Estate of Mark Black Detenbeck. File No. 2006 -113 MW- 2006 -31 Consultant Retention Churchill Street Cul de Sac MW- 2006 -32 Consulting Engineering Services for Weightman Bridge Rehabilitation MW- 2006 -33 Drummond Road Environmental Assessment Region of Niagara Participation MW- 2006 -34 New Sidewalk Construction 2006 161.06 MW- 2006 -35 Enter into an Agreement with Canadian National Railway MW- 2006 -38 Grassy Brook West Sanitary Sewer System Property Acquisition Pumping Station Site MW 2006 -41 Quotation Q03 -2006: 2006 -2007 Geotechnical Contract R- 2006 -12 Expansion of Drummond Hill Cemetery RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council endorses the Niagara Transit Transit Ridership Growth Plan and Asset Management Plan to be submitted to the Provincial Government. 6 BY -LAW UNDER THE DRAINAGE ACT 2006 -64 A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. Please note: by -laws passed in relation to the Drainage Act require two readings. After the two readings, the by -law is considered provisional. After the Court of Revision process has been followed, all appeals periods have expired and appeals have been resolved, the by -law will return for a third reading. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 -65 A by -law to authorize the execution of an Ontario Funding Agreement with Her Majesty The Queen in Right of Ontario respecting funding by the Province for the May 22, 2006, LIVE with Regis and Kelly Production. 2006 -66 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -67 A by -law to authorize the execution of an Agreement with Shrine Circus /Xentel D.M. Inc. respecting the use of the Niagara Falls Arena for a one day circus event. 2006 -68 A by -law to authorize the payment of $20,336,011.11 for General Purposes. 2006 -69 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Stop Signs at Intersections) 2006 -70 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3rd day of April, 2006. NEW BUSINESS Attention Dean Iorfida City Clerk Niagara Falls ommitted to Student Success March 20, 2006 Re:Delegation for April 3r 2006 meeting scheduled for 7:00 p.m. As mentioned in an earlier telephone call to your office, the District School Board of Niagara would like to send a delegation of Principals and students to make a presentation to recognize Education Month. The delegation will consist of four people (two elementary and two secondary school representatives). The names and schools of the delegation will be confirmed with you by email as soon as they are available. The month of April is designated Education Month in the District School Board of Niagara. Our theme this year is "Committed to Student Success both in our schools and in our communities. Students from the delegation will briefly discuss the exciting programs that are happening in their schools and throughout the Board, with a focus on what makes them successful. The entire presentation will last approximately ten minutes. Please contact me at 905 8714610, fax me at 905 871 -8944, or email me at Shirley.Scott@dsbn.edu.on.ca to confirm that this request has been granted. I look forward to your reply. Sincerely, Shirley Scott Co -chair for Education Month Vice Principal Fort Erie Secondary School 7 Tait Avenue Fort Erie, ON L2A 3P1 Mayor Salci and Members of Council Thank You Roberta Himes Chrome Diva Pubic Relations Niagara Falls Chapter CHROME DIVA NIAGARA FALLS CHAPTER PINK RIBBON CAMPAIGN FOR BREAST CANCER March 7, 2006 The Chrome Divas of Niagara Falls request to be present at the Council Meeting on April 3, 2006. Our choice for this date is because April represents Cancer Awareness Month. We would like to come to council and speak about our non profit organization which is a womens only motorcycle riding club. Our cause is for the Pink Ribbon Campaign for Breast Cancer. Our work is to raise money for this cause and bring awareness to the community concering this disease. The chrome Divas also take part in helping the Cancer society to sell supporting products that concern breast cancer. One such item would be "The Thing -a -ma- boob Along with our presence we would be bring along the Cancer Society to speak about their sales of the Thing -a -Ma -Boob campaign and their Pink Ribbon Campaign. Their speaker would be Charmaine Grace We have, as a womens organization tried to make our presence and our cause known. Our Public Relations Person ,Roberta Himes, will be speaking on behalf of the Chrome Divas. Dean Iorfida April 3 Council From: Sue Forcier To: Dean Iorfida Date: 3/22/2006 9:37 AM Subject: April 3 Council Dean: The Park in the City Environment Committee would like to make a deputation regarding the upcoming 1st annual Earth Day Green Expo on Sat. April 22, 2006 at the MacBain Community Centre. This is a City iniatiative and will be included in the Earth Week Activities scheduled ending April 29, 2006. We would just need 5 mins tops. Thanks, Sue Page 1 of 1 file: /C:\ Documents% 20and% 20Settings \Administrator\Loca1 %20Settings \Temp \GW 000... 3/23/2006 Niagarae Region February 28, 2006 Via e-mail Dean lorfida, Clerk Clerk's Office City of Niagara Falls Dear Sir: COMMUNITY SERVICES Office of the Commissioner 3340 Schmon Parkway, P.O. Box 344, Thorold, ON L2V 3Z3 Tel: 905 984 -3700 Fax: 905 -641 -2729 www.regional. niagara.on.ca Further to my Administrative Assistant's telephone discussion with Theresa of your office today, this will confirm my request to speak at your City Council meeting on Monday, April 3, 2006. The topic will be Social Services in Niagara and will be no more than 10 minutes in length. It is intended for information purposes only. I will be using a PowerPoint presentation and would request that a computer and projector be set up in advance. I will forward a copy of the presentation in advance electronically. Please let me know when you need to have the file by. Thank you for this opportunity. I look forward to hearing from you in this regard. Sincerely, Brian Hutchings Commissioner, Community Services BH:du Building Community. Building Lives. Niagara City a of s Niagara Falls Canada 11111111 .1110 1 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Corporate Services Department PD- 2006 -23 Planning Development 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: planning @niagarafalls.ca April 3, 2006 Re: PD- 2006 -23, Zoning By -law Amendment Application AM- 04/2006, 4637 Ellis Street Applicants: Ching -Shieh Hsiao Li -Li Chu Proposed 3- Bedroom Bed Breakfast Doug Darbyson Director It is recommended that Council approve the requested Zoning By -law amendment application to permit the existing single detached, two- storey dwelling at 4637 Ellis Avenue to be used as a tourist home (bed breakfast accommodation) containing no more than three bedrooms for tourists. BACKGROUND: An amendment to Zoning By -law No. 79 -200 has been requested to permit the existing single detached, two- storey dwelling at 4637 Ellis Avenue (see Schedule 1) to be used as a tourist home (bed breakfast) containing up to three bedrooms for tourists. Schedule 2 shows details of the proposed development. The land is currently zoned Residential Single Family and Two Family (R2). The R2 zoning is requested to be amended site specifically to permit the existing dwelling to be used as tourist home containing up to three bedrooms for tourists. Surrounding Land Uses The subject property is surrounded by single detached dwellings to the north, south, east and west. Circulation Comments Regional Municipality of Niagara No objection to the proposed rezoning. The bed breakfast operation would be within the existing two- storey dwelling. No external expansion of the dwelling is proposed. The proposed bed breakfast would not change the character of the area. Municipal Works No objection to the proposed rezoning. Fire Services No objection to the proposed rezoning. City Clerk A licence to operate will be required. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 PD- 2006 -23 Planning Review The following is a summary of Planning staff's assessment of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject land is designated Residential in the Official Plan. The predominant use of land in areas designated Residential is for dwelling units. However, bed breakfast accommodations within owner occupied homes are permitted if they are compatible with a residential neighbourhood. Establishment of these facilities is to be regulated as to their location, size and traffic generation to minimize potential disturbance to adjacent properties and to protect the character and identity of the overall neighbourhood. The proposed bed breakfast conforms to the Official Plan as follows: Traffic generated by a 3- bedroom bed breakfast should be similar to a single- detached dwelling and parking on -site can be accommodated. The property is adequately landscaped and has sufficient amenity space and opportunity for parking in the rear yard of the property. The location of the property provides for convenient vehicular access to the tourist areas. 2. The requested amendment is appropriate for the site. The property is zoned R2. The applicant has requested site specific provisions to be added to the R2 zoning to permit a 3- bedroom bed breakfast. No exterior changes to the building are proposed. The dwelling would continue to conform with the intent of the existing zoning and would be maintained in a manner that is appropriate with the residential neighbourhood. CONCLUSION: The requested amendment can be supported for the following reasons: 1. The proposal is within the intent and purpose of the Official Plan respecting bed breakfast accommodations. 2. There is sufficient lot area for parking and amenity space. 3. The residential character of the property will be maintained. Prepared by: Ananuka Dilwaria Planner 2 Recommended by: I p L c- oug larbyson A 606 \PD2006 -23, AM -04 -2006, Hsiao &Chu, 4637 Ellis Stwpd proved 14 T. Ravenda Executive Director of Corporate Services pectfully submitted: ohn MacDonald Director of Planning Development Chief Administrative Officer Subject Land SIMCOE ST Location: 4637 Ellis Street Applicant: Hsiao Ching Hsieh k: \GIS_Raryests\2006\ Schedules\ZoningAM AM-04 \mappinganap SCHEDULE 1 LOCATION MAP MORRISON ST ELLIS ST milIII I Amending Zoning By -law No. 79 -200 I:NTS AM- 04/2006 February 2006 Lor p.I74..,A 7,538. 5 ,7.5kz) 13S.IIC.oIN(, pcueLuAt1• =1,3 03.r c t 121.ca R.�i+ AttMit 3 t sic, 0 c s3 M') 23.(0 rot KMTpeINT) At. r.JBi9•o tr14•S%M b 12 t 4,4W o 4 554 p i '0� -Ct6 20.9 cl =t wiz) ON sITre- ea.lt.KlNC1 P2oVIDe.° Fort. i2opc .ID 3 ce Me, 4. RiVaSS �wt AIN l a z Strost Q4 iW cne AIA fx•l f-RArn 6 Povt 1014 >a Mi Si! d 6 a uu 8 1 °001 �I.81 (15.01•A) (15.01•A) Ex `s= o 14/ tit IN LI NK o Re- MM x K t I n TO V-ellAA Wikt4 5[AVB t et_ S a\ j t4.2.SroRRE,y X $RICK 1 9 d e 1 1 Ccs4t jttty 4" n Y Nu e h To 3-flp t%. iY N 3 J•d bh6• y X4 IP• a et p 7 9 a` ll f y r Yi 4 3 L Zt 4'. I IY..7 900 55.0i Ob. ea•StVEW 5Ire- f 5c4L.,e: 111= 20.0 SCHEDULE 2 C-44-1D USE t 0 rre� t ¥.(NISIi col-Apes "I2-e. 50 cr ro ApVE.IZSr -t-y Apr-act' A oyAc 4r PIzortatt Ies '(RE6t• F-p.N 603 TowtA TNith ZA •sus) MOW yt4i4 283 ANV t.or Igo (Rtt. FLAN 98 Towµ of NIPI•IA R.A Now tQ.•N t o02 c 11+t' 511• ItAIJ wA5 t'eu44io4' C-09- A 5pec4FIC USe SI1>: ttA1.4 A wit44 DEN E MT P FFL I CAT 014 t'o Au.o w iNte,hole- PAS T Moats twnrnunbn par hiNcop'wr Post-r Fax Note 71713 bob cellars made pare U q /p -.aw,. Co./ CO Pat #MO Fat II/APO Fa /IMP DATE: March 10, 2006 TO: Wiilianvf. Stevens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division h iNAL r_AN'\ N3 No. 52316 P. 1 Niagara Region MEMO Tom Whitelaw Planner Planning and Development Department Pinscr of N1 na PLANNING SUBJECT: Zoning Bylaw Amendment Application Owner /Applicant: Hsiao Ching Hsieh Proposal: To permit the existing dwelling to be used as a tourist home (Bed Breakfast) containing up to 3 bedrooms for tourists Location: 4637 Ellis Street In the City of Niagara Falls City File AM -04/2006 Our Ale: D.18.04.66.643360006 (ID #4884) Z Regional Niagara Public Works Department has reviewed the above referenced Zoning By -law Amendment Application and advise that we have no objection to this proposal. WJS/cm LAEnEineeri g Planninga ndDevelopmentWefrone- CambnWiagara FaII$KARRESPONDENCE 2006\1 0 9 51.T,Whltelawdoc RECEIVED MAR 16 2006 PLANNING DEVELOPMENT Niagara f Region PLANNING AND DEVELOPMENT February 24, 2006 File: D.10.M.11.23 Ms. Anamika Dilwara Planner 11 City of Niagara Falls 4310 Queen St., 2" Floor Niagara Falls, ON L2E 6X5 iiu: \.tiu Dear Ms. Dilwara: Re: Zoning By -law Amendment Three Bedroom B B Ellis Street and St. Lawrence Avenue City of Niagara Falls Your File AM -0412006 The above application proposes a zoning amendment to permit a three bedroom bed and breakfast operation within an existing two- storey dwelling. Apparently, no external expansions of the dwelling are being contemplated although additional parking spaces will be required. The surrounding area is primarily residential in character and it is unlikely that the bed t and breakfast operation will change the character ie t The impacts The of the B no t compromise any Regional or Provincial planning any, should be strictly local. Regional Planning staff have no objection to the proposed rezoning. Yours truly, k Adt,„ IV 0i The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 984-3 Fax: 905-641-5208 E -mail: plan©regional.nlagara.on.w David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls Mr. W. Stevens, Regional Public Works tw /3LA -E1116 B &B -NF Building Community. Building Lives. RECEIVED FEB 2 8 2006 PLANNING DEVELOPMENT Niagara Falls' City of s (ranada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.nlagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning@niagarafalls.ca Site Status and Surrounding Land Uses April 3, 2006 Re: PD- 2006 -22, Zoning By -law Amendment Application AM- 02/2006, 5525 Victoria Avenue, 5486 and 5492 Union Street and 4858 Kitchener Street Applicant: 1397878 Ontario Limited (Inn by the Falls) Agent: Rick Brady, MCIP, RPP Proposed 7- Storey, 108 -Room Hotel PD- 2006 -22 Doug Darbyson Director It is recommended that Council approve the Zoning By -law amendment application to permit a 7- storey, 108 -room hotel and to exclude the requirement for a dining room, subject to the standards outlined in this report and the applicant entering into a Section 37 agreement to secure streetscapq improvements. and 1- -We C huvc.D (e cocctacbck wtitk, t especa -fhe e o`er i b t l i j C� JU tcha5e C he US\Lon (lrikUUC PlrZ, i BACKGROUND: 1397878 Ontario Limited has requested an amendment to Zoning By -law No. 79 -200 for a 0.67 hectare (1.6 acre) parcel of land known as 5525 Victoria Avenue, 4858 Kitchener Street and 5486 and 5492 Union Street, as shown on Schedule 1. The amendment is requested to permit the development of a 7- storey, 108 -room hotel while maintaining a portion of the existing motel, as shown on Schedule 2. The lands are zoned Tourist Commercial (TC) in part, and site specific Tourist Commercial (TC -5) in part. The zoning of the land is requested to be changed to a new site specific TC zone to accommodate the proposed development which is 26.5 metres (87 feet) in height and excludes a dining room, and to recognize the portion of the existing motel that is to be retained. The property is currently used in its entirety for the Inn by the Falls motel and its associated parking. To the south of the site is another low -rise hotel (Hampton Inn). A variety of tourist commercial uses lie to the east of the site. Residential uses and a church lie to the west and a municipal parking lot lies to the north. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 _2 PD- 2006 -22 Circulation Comments Municipal Works A 1.5 metre (5 foot) wide road widening along the length of the Victoria Avenue right -of -way and a 0.91 metre (3 foot) wide road widening along the length of the Kitchener Street right of -way are required. Planning Review A 4.5 metre by 4.5 metre (15 foot by 15 foot) daylighting triangle at the intersection of Kitchener Street and Union Avenue and a 7.0 metre by 7.0 metre (23 foot by 23 foot) daylighting triangle at the intersection of Victoria Avenue and Hunter Street are required. Access from the site onto Hunter Street should be restricted to right turns only. No concerns with the request to exempt the hotel from having a dining room provided the breakfast area serves hotel patrons only and there is no advertising for the general public. Provision of adequate curb return radii, the function of the access gates and restoring all abandoned curb depressions and paved boulevards to municipal standards are to be addressed at the site plan stage. The applicant is requested to provide a servicing plan and servicing design brief to the Municipal Works section at their earliest convenience. Building By -law Services All building permits are to be obtained prior to construction. Fire Services No objection to the proposed zoning. Fire access routes and fire connection to be shown in the site plan submissions in accordance with the Ontario Building Code. In addition, hydrants are to be identified. The proposed hotel can be supported as it complies with the Official Plan, is consistent with the applicable design criteria and is compatible with surrounding development. The following is a summary of Planning staff's analysis of the application. April 3, 2006 3 PD- 2006 -22 1. The proposal is consistent with the applicable design criteria of the Tourist Area Development Strategy (TADS) and the Policy Review Implementation Handbook. The Official Plan permits buildings up to 30 storeys high on the lands, subject to a series of built form criteria that are further detailed in the Tourist Area Design Strategy and related implementation handbooks. These built form criteria are intended to provide high quality development that compliments the built and natural heritage of the tourist areas and promotes a pedestrian- friendly environment. The proposed hotel meets the applicable design criteria as follows: The dimensions and floor area of the hotel tower (above the 4- storey podium) are well below the maximum permitted by the design guidelines. The siting of the hotel creates a strong presence along the Victoria Avenue frontage, meeting the build -to street frontage requirements of the design guidelines. Setbacks above the podium provide a reduction in massing for the hotel tower. The setbacks required for the hotel tower are provided from Victoria Avenue and Hunter Street. Although the northerly side yard setback for the hotel tower is below that normally required by the design guidelines (6 metres or 20 feet versus the 12 metres or 40 feet normally required), this is acceptable given the modest height of the hotel and should not impact on abutting streets and properties. The rooftop parapet wall will add an interesting feature to the hotel. At the site plan stage the further articulation of this roof feature will be encouraged. To strengthen the presence of the hotel along Victoria Avenue and to engage pedestrians, interactive uses should be encouraged along the east side of the hotel. Modest changes, such as the introduction of a patio adjacent to the breakfast area, enlarging ground floor windows to give pedestrians a view of the indoor pool, and further architectural articulation, should be considered at the site plan stage. 2. The proposed hotel complies with all other aspects of the Official Plan. The lands are designated Tourist Commercial in the Official Plan and are part of the Clifton Hill subdistrict. A wide range of commercial and entertainment uses, including hotels, is permitted in the subdistrict. Intensive tourist commercial uses are to be directed to areas east of Victoria Avenue is to be provided. This low -rise hotel is similar in height and scale to the Hampton Inn and Days Inn to the south, provides an appropriate addition to the Victoria Avenue corridor and will provide a transition from potential high -rise developments to the east of Victoria Avenue. The retention of a portion of the existing 3- storey motel on the west side of the site will provide a further transition to the non commercial uses to the west of Union Avenue. Given that a portion of the site was formerly used for gas bar and service station uses, the Official Plan requires that environmental studies be undertaken to the satisfaction of the City and the Province (or Region, as the designate) and the site to be decontaminated, if necessary April 3, 2006 4 PD- 2006 -22 prior to reuse. The applicant has provided the necessary studies to demonstrate that the site has been decommissioned in accordance with Provincial regulations. The Region is satisfied with these studies and has indicated no further review is required. 3. The proposed Zoning By -law amendment is appropriate. The existing TC and TC -5 zoning of the site restricts buildings to 12 metres (40 feet) in height, the equivalent of a 4- storey building. An increase in height is being sought to accommodate the proposed 7- storey hotel. As discussed above, this increase in height is in keeping with the Official Plan and the applicable design guidelines. The amending by -law will include provisions to permit the building height and require the roof feature, setbacks and landscaping to secure the design shown on Schedules 2 and 3 and to regulate the development in the context of the Official Plan and design guidelines. Zoning By -law No. 79 -200 requires hotels to provide a dining room and to provide parking at a rate of 1 parking space per 10 seats of occupancy in a dining room. The applicant has requested relief from these provisions as they do not intend to provide a dining room or restaurant that will be open to the public. Instead they intend to provide a breakfast area for hotel guests only. As this recognizes a trend with more basic hotels, staff finds that this change will not diminish the hotel function of the building. This request is similar to recent requests granted by Council for other hotels where full service restaurants are available nearby. The amending by -law will contain provisions to restrict this breakfast area for use by hotel guests only. 4. The applicant will be required to enter into a Section 37 agreement to contribute to streetscaping. A Section 37 agreement is required for all developments in excess of 4 storeys. Pursuant to the 2004 Council adoption of the Tourism Policy Review Implementation Handbook, these agreements are to be secured up front, prior to passage of the amending by -law and are to require a cash contribution for the streetscape works. Alternatively, the owner may be authorized to undertake the streetscape works in accordance with the Streetscape Master Plan if it will not interfere with the City's staging of these improvements. A cash contribution or letter of credit is to be provided prior to building permit issuance to secure the improvements. The agreement will secure the improvements to Victoria Avenue frontage called for in the Streetscape Master Plan, including sidewalks, the interlocking brick boulevard, tree planting, lighting and street furniture. Through recent streetscaping works on Stanley Avenue and Fallsview Boulevard last year, the cost of the required streetscaping was determined to be $900 per linear metre. The cash contribution for the Victoria Avenue streetscape works would be approximately $80,000. This figure should be adjusted for 2006 in line with the CPI to account for inflation. The Streetscape Master Plan does not provide any details of improvement for the other streets abutting the property, including Hunter Street and Kitchener Street. The Tourist Area Development Strategy (TADS) does, however, provide details of buffering where a parking lot abuts a street. If a 3 metre (10 foot) wide landscaping strip cannot be provided adjacent to a road right -of -way to buffer parking lots, then a decorative fence or wall, 0.9 to 1.2 metres (3 to 4 feet) high, to screen the parking lot is required. This will be implemented at the site plan approval stage. April 3, 2006 5 PD- 2006 -22 CONCLUSION: 1. This application can be supported for the following reasons: The proposed height of 7 storeys is within the height strategy for the area. 2. The proposed zoning will regulate the development in accordance with the proposal illustrated in Schedules 2 and 3 and will restrict use of the breakfast area for guests only. 3. Streetscaping along abutting street frontages will be secured through a Section 37 agreement to be executed prior to passage of the amending by -law. Prepared by: lye i n Andrew Bryce Planner 2 Recommended by: AA/ oug Darbyson D irector of Planning Development Approved by: AB:gd Attach. The provision of ample setbacks, a reduction in massing above the 4- storey podium and a roof feature is in keeping with the design criteria for high -rise buildings and will provide for a high quality development along an important entrance corridor. The siting of the building along Victoria Avenue will provide a strong presence to this street frontage and retention of the motel will provide a low -rise transition to nearby non residential properties. T. Raven Executive Director of Corporate Services S:\PDR\2006\PD2006 -22, AM -02 -2006, 1397878 Ontario Ltd.wpd Respectfully submitted: f rl i4 ohn MacDonald Chief Administrative Officer Subject Land rA SCHEDULE 1 LOCATION MAP n:u��rrr•i�tia•ay 1ntnumn unoli IIi \I a— 4 Location: 4858 Kitchener St 5486 Union Ave 5492 Union Ave 5525 Victoria Ave Applicant: 1251435 Ontario Limited and 1397878 Ontario Limited k \GIS_ Requests\ 2006\ Schedules \ZoningAM\AM -02\mapping.map Amending Zoning By -law No. 79 -200 1:NTS AM- 02/2006 February 2006 SCHEDULE 2 F F Ft 3 ©accc� ©1 3 I f "1\ 1.0\ i 1 1.01 1\\\ 11 Id 'K 41i, I I 1\ 1\ 1 \i I1. 10\ 11. r f\ i ',Ng t% sA 1 vb 1 I)1\ 1.1\ '5. t i KS., 10, Ile` U1 s .mil .1\ 10 1\ 1.01 1.40 1.\\\ 41 11 11 10 I.0 is. h 1',N MTh in 1 4N 0 PAN MN 31, g I1�1 1k1 JO. �1. 1u 1 lS 4'4. 11 '1AA 'N l'1,1& I. isa MN 1N I I�1 SJl IN, av 11,710 w IOW I�. 11N 4 5, 1. 1 5 ,M tIN 1\ 4 A\ 4. 4. I l l d f:; AM REGIONAL FLANNING Na 5210 P. 1 g try Nis era Region PLANNING AND DEVELOPMENT March 15, 2006 File: D,10.M.11.23 Mr. Andrew Bryce Planner II City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment 7-Storey Hotel Victoria Avenue and Hunter Street City of Niagara Falls Your File: AM -02!2096 The Regional Municipality of Niagara 3550 Sahmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 805. 8843830 Fax: 805 -541 -5208 E -mail: plan ©ragional.nlagara.on.ca RECEIVED MAR 15 2006 PLANNING DEVELOPMENT The purpose of the above application is to facilitate the development of a 7 -storey 108 room hotel. An existing 2- storey hotel on the site will be demolished to accommodate the proposed hotel. There lands are currently designated and zoned for tourist commercial purposes by the City's Official Plan and Zoning By -law. The proposed hotel, as a use, conforms with the Official Plan and Zoning By -law. This application is necessary to modify the height provisions of the By -law to penult a 7- storey rather than a 4 -storey building. These lands at one time contained two service stations in separate locations. The buildings associated with service stations have long since been demolished. The one site at the comer of Victoria Avenue and Hunter Street was decommissioned as a service station in 1991, while the other site at Kitchener Street and Union Avenue was decommissioned in 2000. In both cases, underground storage tanks were removed and contaminated soils were excavated and transported to a landfill. Regional Planning staff have reviewed the Phase 1 and 3 Environmental Site Assessments that were prepared to evaluate the two sites before and after remediation. We are satisfied that both sites have been decommissioned in accordance with the regulations applicable at the time of the cleanup. Therefore, the environmental site conditions are acceptable for the proposed hotel development Furthermore, the submission of a Record of Site Condition should not be necessary because the site cleanups apparently met the previous applicable regulations and because the zoning application proposes an intensification rather than a change In use. Building Community. Building Lives. ":YAM iHI ONAL PLANNING No.5210 P. 2 2 The property is located within the Central Tourist District which is the prime tourist area in Niagara Falls. The site fronts on Victoria Avenue which is one of the most important tourist routes in the City and is in close proximity to Casino Niagara. Furthermore, the proposed hotel is consistent with adjacent hotel and tourist commercial development along Victoria Avenue. Therefore, Regional Planning staff are not opposed to the rezoning application for the proposed hotel. The corner at the Victoria Avenue Hunter Street intersection is a prominent location along Victoria Avenue. As a result, enhanced landscaping should be encouraged around the parking area at the comer. Yours truly, a vid J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. D. Darbyson, MCIP, RPP, Director of Planning, Niagara Falls, ON Ms. B. Ryter, Ministry of the Environment, Hamilton, ON Mr. W. Stevens, Regional Public Works tW ZBLMltrorey FbteFNF The City of Niagara Fall Canad� Members: RECOMMENDATION: It is recommended that: BACKGROUND: Corporate Services Department Planning Development 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: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 3, 2006 Re: PD- 2006 -26, Zoning By -law Amendment Application AM- 01/2006, 5720 Dorchester Road 6859 High Street Applicant: Niagara Orchard Church Agent: Mark Hicks, Dickinson and Hicks Architects Expansion of a Church Parking Area and Storage Facility into a Residential Zone PD- 2006 -26 Doug Darbyson Director 1) Council approve the Zoning By -law amendment to permit the use of the land known as 6859 High Street as a parking area in conjunction with the church at 5720 Dorchester Road, subject to the garage on 6859 High Street being removed to provide four additional parking spaces; 2) the amending by -law not be passed until the applicant has entered into a site plan agreement with the City to address the required site works; 3) interested residents be invited to be involved in the site plan review process; and 4) comments with respect to parking restrictions on High Street be referred to Traffic and Parking Services for further review. Niagara Orchard Church has requested an amendment to Zoning By -law No. 79 -200 for two parcels of land totaling 0.33 hectares (0.8 acres) as shown on Schedule 1. Parcel 1 is known as 5720 Dorchester Road and contains the church. Parcel 2 is known as 6859 High Street and contains a single detached dwelling and a garage. The church proposes to demolish the dwelling on Parcel 2 and to convert the majority of the parcel into a parking area for the church. The existing garage is proposed to be maintained and used as a storage facility for the church. Refer to Schedule 2 for further details. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 PD- 2006 -26 Parcel 1 is zoned Institutional (I). Parcel 2 is zoned Residential Single Family IE Density (RIE). A site specific I zone is requested to be placed over both parcels to allow Parcel 2 to be used in conjunction with the church as proposed and to regulate its future use. Surrounding Land Uses The site is surrounded by single detached dwellings. Circulation Comments Municipal Works A 3.05 metre (10 foot) wide road widening is required along the length of the Dorchester Road right -of -way. Fire Services No objections. Neighbourhood Meeting A 7 metre by 7 metre (10 foot by 10 foot) daylighting triangle is required at the intersection of Dorchester Road and High Street. As there are only combined sewers on Dorchester Road and High Street, the applicant will need to provide stormwater quantity control measures for the proposed parking lot in accordance with Ministry of Environment's guidelines. At the site plan stage, the provision of curb returns, curbing, asphalt and driveway throats is to be addressed in accordance with City standards. Building By -law Services All required building permits to be obtained prior to commencement of construction. Regional MunicipalityofNiagara If adequate fencing and buffering is provided around the parking area, Regional Planning staff has no objection to this rezoning. The church held a neighbourhood meeting with surrounding residents on February 13, 2006. The residents raised the following concerns. The initial proposed use of the garage at 5849 High Street as an office. The proposal to maintain the garage and use it for storage. The use of the church for a hostel, shelter, private school, soup kitchen or halfway house. April 3, 2006 3 PD- 2006 -26 On- street parking. Impacts of drainage from the new parking lot on abutting properties and streets. Lighting disrupting the neighbourhood. Fencing needed along the northerly property line. Screening of mechanical roof type equipment. Parking restrictions needed along High Street to deal with parking spilling over from restaurants on Lundy's Lane. In response to the residents' concerns, the applicant abandoned their proposal to use the garage as an office and a depot for emergency supplies. The church has no intention to use the property for a hostel, shelter, private school, soup kitchen or halfway house. Planning Analysis The proposal generally involves a modest expansion of an ancillary use in a residential area that meets the intent of the Official Plan provided the use of the property is limited and required site works are secured by an agreement. The following is a summary of staff's analysis of the application: 1. The proposal complies with the intent and purpose of the Official Plan. The subject lands are designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. However, a variety of ancillary uses, including churches and community facilities, are permitted provided that they are compatible with the surrounding residential area. Ancillary uses that generate a significant amount of traffic should generally be located on major collector or arterial roads to minimize disturbances to area residents. The church has existed in this location for many years. A degree of land use compatibility between the church and the surrounding residential area has evolved over the years because it fronts onto Dorchester Road. High Street has historically been subject to overflow of parking for the church during Sunday services or major church functions. The proposal to incorporate 6859 High Street to be used for parking should lessen the impact on High Street for overflow church parking. Because the church is in need of additional parking, staff recommends the garage be removed and replaced with parking spaces. This would enable four additional parking spaces to be provided without impacting on the landscaping needed to buffer nearby residences. The incidence of on- street parking would thereby be further reduced. If Council chooses to allow the garage to be retained, its use should be restricted to accessory storage only for the church. To maintain compatibility with surrounding residences, the landscape strips shown on Schedule 1 should be required along with wood fencing where parking abuts residential lots. April 3, 2006 PD- 2006 -26 2. The requested zoning is appropriate. A site specific I zone is requested to permit Parcel 2 to be used for parking and the garage to be used for storage for the church on Parcel 1. To control the extent of the uses and address the concerns of the neighbourhood, the amending zoning by -law should contain the following provisions: Restrict the building configuration to the proposal shown in Schedule 1 and require landscaping as proposed. Prohibit a hostel, shelter, halfway house, soup kitchen, private school (other than Sunday school), receiving home, Y.M.C.A., Y.W.C.A. or Y.M.H.A. from being established on the property. If Council deems it appropriate to retain the garage, restrict its use for storage. Require a wood fence to municipal standards between the parking lot and adjacent properties. The required parking for uses in the church is 1 space per 5 persons of maximum occupancy. The church has indicated this maximum occupancy is 157 persons, thus, requiring 31 spaces. Twenty-seven spaces are identified on Schedule 2. If the accessory building is removed, 31 spaces could be provided which would meet the by -law requirements. If the garage is allowed to remain, the maximum occupancy of the church will need to be reduced to 135 persons. Staff does not recommend lowering the parking standard as it could result in excess parking demands for the church spilling out on the side streets, nor is it recommended to reduce landscaping as this will make the use less compatible with the surrounding residential properties. 3. Site plan control is necessary. Staff and residents have brought up several issues that can only be addressed through site plan control. These issues include servicing, drainage, lighting, landscaping, fencing and screening roof top mechanical equipment, as well as the construction of the parking lot to municipal standards. Approval of the application is dependant on these matters being addressed, in particular, ensuring stormwater from the proposed parking lot does not impact on High Street or abutting properties. Therefore, site plan review should be completed and a site plan agreement should be secured prior to passage of the amending by -law. Area residents have requested that they be involved in the site plan process. Residents have raised concerns about parking spilling over from Lundy's Lane restaurants onto side streets, such as High Street. This issue needs to be subject ofa separate review and should be referred to Traffic and Parking Services for further review. CONCLUSION: The requested amendment can be supported for the following reasons: The proposed use of Parcel 2 for parking associated with the church complies with the intent of the Official Plan with respect to ancillary uses in residential areas. April 3, 2006 5 PD- 2006 -26 2. It is recommended that site plan control be imposed, involving interested residents, and completed prior to passage of the amending by -law. 3. Comments with respect to parking restrictions on High Street should be referred to Traffic and Parking Services for review. Prepared by: j Andrew Bryce Planner 2 Recommended by: fre urnitv e. oug Darbyson D irector of Planning Development Approved by: 1 NNW Fc/' T. Ravenda Executive Director of Corporate Services AB:gd Attach. Parking for the church will be shifted off the street, thereby reducing the impacts to residents residing on High Street. Controlling the use of the church, requiring the removal of the garage and retaining extensive landscaping and screening around parking areas will improve the compatibility of the use with surrounding residences. S:\PDR\2006\PD2006 -26, AM -01 -2006, Niagara Orchard Church.wpd Respectfully submitted: John MacDonald Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP 11 ler .,I 11 GARDEN ST 1""'. LEEMI II 0 MSS SU SI 7 Parcel 1 Parcel 2 didikm COOK ST I 8 LEEMING ST 1 MP. IIIIII HIGH S I 1 LUNDY'S LANE mmo FREDERICA =C i Amending Zoning By -law No. 79 -200 Location: 5720 Dorchester Road and 6859 High Street Applicant: Niagara Orchard Church k: \G1S_ Requests\ 2006\ Schedules \ZoningAM\AM -014napping.map N s 1:NTS AM- 01/2006 January 2006 b k 0 0 rc el Etta SCHEDULE 2 m w,+ -an• nn O LEGEND GVSTINC GRAMS Pww EO GRADES COMIC AtR4n Talc 10 ROOM COSTING AAM4I ...0 TO e[ R.uaco NEVI Awwl PCw i Iio X 1 11 1, f All f I 1 I 1 I I �I!� 1 IiJIii F z SINK ttSIBK� 1 .�.JS�R ii�GiwlEr�v PIE ❖.•0.1! 1 ii ii0•i 1! N PI I/ Y �......1• ou*mc DUrw eGGR .ImING •1 C i 5 !6 J� �wai ,ouE Emus R ,A" i:.J:� man P LNY.V.7e SI IN la ;11 Fla ooe3 rsnwc T !I'^ H I G H S T R E E T SS— kakis de baisassion par tilkopieur Poet -IrFax Note hens one Salmon Ma ge m r� yam: W M0.Yt man, *WS Otoplae r a. e/ rod tarapeut raa ar ra DATE: March 10, 2006 TO: :c116 \A. _Hi�NINi Niagarae Region MEMO Tom Whitelaw Planner Planning and Development Department William J. wens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division No. 5229 r. 1 '.9 regional Municipality of Niagara A t ka PLANNING SUBJECT: Zoning By -law Amendment Application Owner /Applicant: Niagara Orchard Church Proposal: To demolish the dwelling and convert the majority of the parcel into a parking area for the church; existing garage is proposed to be maintained and used as a storage facility Location: 5720 Dorchester Road and 6859 High Street In the City of Niagara Falls City File: AM -01/2006 Our File: D.18.04.66.643130009 (ID #4885) Regional Niagara Public Works Department has reviewed the above referenced Zoning By -law Amendment Application and advise that we have no objection to this proposal. WJS/cm LAEnglneering- Planning .andDevelopmenhvetroneCannenW Iagan FaIIPCORRESPONDENCE 2006 V1o952.T.Whitelaw.doc RECEIVED MAR 16 2006 PLANNING DEVELOPMENT Niagara Region PLANNING AND DEVELOPMENT March 13, 2006 File: D.10.M.11.23 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen Street, PO Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By -law Amendment Church Parking Area High Street, oast of Dorchester Road City of Niagara Falls Your File: AM- 0112006 This application proposes the rezoning of a residential property from Residential RIE to Institutional I. The property currently contains a dwelling and a garage. The proposed rezoning would facilitate the demolition of the dwelling and the use of the property as a parking area for the abutting church. The garage would be retained as a storage building. These lands are located within an established urban residential area. The church parking area should not compromise Regional or Provincial planning interests assuming that adequate fencing/landscaped buffering will be provided around the parking area. Regional Planning staff are not opposed to this rezoning. Yours truly, Tw2BLA/Church Parking Area -High St -NF N�. 5181) F. 11 The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 47 Telephone: 906-984-3630 Fax: 905 841.5208 E -mail: plane regional.niagara.on.ca /b David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. D. Darbyson, MCIP, RPP, Planning Director, City of Niagara Falls Mr. W. Stevens, Regional Public Works RECEIVED MAR 13 2006 PLANNINn DEVELOPMENT Building Community. Building Lives. The City of Niagara Fall Canad j Members: BACKGROUND: Municipal Policies Corporate Services Department PD- 2006 -31 Planning Development 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: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 3, 2006 Doug Darbyson Director Re: PD- 2006 -31, Residential Development Trends Municipal, Regional and Provincial Policies RECOMMENDATION: It is recommended that Council receive this report for information and reference when considering residential development applications. The cost of urban residential land has increased substantially in recent years, in part, due to the limited supply of vacant serviceable land within municipal urban area boundaries. The majority of land for such "greenfield" development in Niagara Falls is located in the Gamer Neighbourhood and Chippawa Community. There are costs to the City and Region to provide the necessary service extensions and facilities for new growth. The redevelopment of "brownfield" areas and infill proposals add to the City's residential land supply and are an efficient use of existing services that minimizes municipal costs. The City's Official Plan and area secondary plans are documents approved by Council to guide and evaluate development proposals The Residential and Housing Strategy policies of the Official Plan support a variety of housing forms, lot sizes and densities. A compatible mix of housing is promoted to provide dwelling types that are available throughout the City to different age groups, household sizes and incomes. The Plan encourages multiple unit developments, smaller lot sizes, innovative housing forms and a more intensive use of vacant residential land. These are all fundamental planning principles. The Official Plan sets densities for development generally 25 units/hectare (10.1 units /acre) overall and with various higher density categories for townhouse and apartment sites. In order to provide a range of dwelling types, housing mix targets of 70% single/semi-detached units and 30% multiple residential units are typically established in neighbourhood plans and for large subdivisions. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Subdivision Single Detached Lots Minimum/Typical Lot Frontage Minimum/Typical Lot Depth Maximum Lot Coverage Meadow Creek Phase 2 (Registered) Singles 12 metres (39.4 feet) to 15 metres (49.2 feet) 31 metres (101.7 feet) to 32 metres (105 feet) 40% Orchard Grove West Ext. (Registered) Singles 10.65 metres (34.9 feet) 33 metres (108.3 feet) 45% Gamer Estates Phase 5 (Registered) Singles 1 Semi Lot 14 metres (45.9 feet) to 15 metres (49.2 feet) 32.5 metres (106.6 feet) to 34 metres (111.5 feet) 40% Garner Village (Registered) Singles, Semis, Townhouses 13.7 metres (44.9 feet) to 16.3 metres (53.5 feet) 30 metres (98.4 feet) to 33 metres (108.3 feet) 45% Deerfield Estates (Draft Approved) Singles, Semis, Townhouses 13.4 metres (44 feet) to 15.3 metres (50.2 feet) 35 metres (114.8 feet) 40% Chippawa West Phase II (Proposed) Singles, Semis, Townhouses 13.7 metres (44.9 feet) to 15.3 metres (50.2 feet) 33 metres (108.3 feet) 50% April 3, 2006 PD- 2006 -31 Provincial and Regional Policies The 2005 Provincial Policy Statement (PPS) contains comprehensive land use planning policies that all municipalities in Ontario must follow. The PPS requires a range of housing types and densities to meet the projected needs of current and future residents. Intensification, compact land use patterns and cost effective development standards are promoted to minimize land consumption and servicing costs. Urban area expansions are restricted under the PPS and require a comprehensive review. In addition, the Province's Proposed Growth Plan legislation will require the City and Region to establish intensification targets and design greenfield areas as complete communities with a full range of housing, neighbourhood commercial and employment areas. Similarly, the Region's Smarter Niagara Initiative and proposed urban design guidelines support compact building design, a range of housing and cost effective development decisions. Niagara Falls Subdivision Examples Through the years, draft plans of subdivision approved by Council have not fully utilized the density permitted in the Official Plan or achieved housing mix targets. Subdivision development has focused on single- detached dwellings reflecting a strong market for this housing type. Blocks of land for townhouse projects have been included in plans but typically these are not built until the last stages of subdivision development. However, there has been increasing demand for townhouses and alternate forms of housing in recognition of an aging population and lifestyle choices (e.g. ease of property maintenance). With the exception of the Neighbourhood's of St. David's (a prestige mixed residential plan with specialized development standards), most subdivisions in the City have a standard lotting design. Based on current trends and provincial requirements, future plans will need to provide a more intensive use of land with smaller lots and an improved housing mix. The following chart summarizes recent subdivision plans with respect to lot sizes and building coverage for single- detached lots: April 3, 2006 3 PD- 2006 -31 The larger subdivisions in this chart Deerfield Estates (390 units) and Chippawa West Phase 2 (626 units) should provide a housing mix consistent with the municipal target (70% single /semi and 30% multiple). The Deerfield plan contains 78% and 22 respectively, which is an improvement to the unit distribution thus far in the Gamer Neighbourhood. The Chippawa subdivision proposal is closer to the City housing mix goal with 67.6% single /semi and 32.4% townhouses. The City's Zoning By -law No. 79 -200 provides dwelling construction standards to ensure amenity, privacy and safety. Modifications to the by -law standards can be considered through the amendment process and the evaluation of the suitability of individual site specific proposals. Most subdivision applications require some relief from the standard zoning provisions. A comprehensive review of the City -wide by -law (approved over 25 years ago) is underway. CONCLUSION: Given new government legislation, land supply and servicing issues, as well as the real estate market and consumer needs, there will be continuing changes in the residential development applications submitted to the City. More intensive and efficient subdivision designs utilizing contemporary (new urbanism) principles are to be expected. Redevelopment areas and infill sites will assist in meeting housing demands. Zoning standards will be examined to facilitate such development proposals. Prepared by: Respectfully submitted: Richard Wilson Planner 2 Recommended by: ]�oug Darbyson Director of Planning Development Approved by: Tony Ravenda Executive Director of Corporate Services RW:gd S:V'DR\2006W02006 -31, Residential Development Trends.wpd ohn MacDonald Chief Administrative Officer The City of Can Niagara Fall Canada Members: Corporate Services Department Planning Development 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: planning ©niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 3, 2006 PD- 2006 -30 Doug Darbyson Director Re: PD- 2006 -30, Policy Direction for the Willoughby Land Use Area RECOMMENDATION: It is recommended that: 1) Council direct staff to proceed with preparation of policies for the Willoughby Land Use Area as outlined in this report; and 2) a public open house be held in conjunction with Regional Niagara's Policy Plan Amendment #170 in order to obtain public input and report back to Council. BACKGROUND: The Willoughby Land Use Study In 2001, Hynde Paul Associates completed the Willoughby Land Use Study, a planning study respecting part of the lands of the former Willoughby Township east of the QEW. The purpose of the study, at the time, was to: recognize the Legends on Niagara golf course and the Battle of Chippawa heritage interpretation centre, provide policies to guide the development of complementary land uses adjacent to the Legends golf course; provide policies to reflect the growth strategy of the City and Regional Niagara, and remove the deferral of the RuraUAgricultural policies. On November 26, 2001, Council adopted report PD- 2001 -103 (attached) which outlined a proposed policy framework for the area. In order to implement the study, amendments to the Official Plan and the Regional Policy Plan were (and are still) required. The procedure for the approval of the amendments was to first amend the Regional Policy Plan, then the Official Plan. On April 10, 2002, Regional Planning and Development brought forward a draft of Policy Plan Amendment #170 (hereafter referred to as RPA 170) to its Planning Services Committee for adoption. As part of the review of the proposed amendment, the Ministry of Municipal Affairs (MMAH) was circulated the draft policies and objected to the policy direction proposed. These issues were not resolved by the Region despite protracted discussions with the Province. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 2 PD- 2006 -30 Policy Framework of the Willoughby Land Use Study The Willoughby Land Use Study (WLUS) examined the Willoughby area east of the QEW for: the amount of farming activity; the quality of soils; the degree of parcel fragmentation of the area due to consents and testamentary devise; and the Region's "Grow South" strategy, an effort to promote development in the southern area of the peninsula in order to remove pressures on the specialty crop lands north of the escarpment. Report PD- 2001 -103 details the policy framework of the WLUS. Essentially, the following land use designations were to be applied to the area: Open Space: applied to the area of the Legends Golf Course and Battle of Chippawa interpretive area. Estate Residential: applied to the area south of the Legend's Golf Course between Ussher's Creek and the Niagara River, south of Miller Road. The intent was to provide for limited and controlled rural residential development. Deferred Urban: applied to the area extending south of the existing Urban Area Boundary to Ussher's Creek. The intent was to provide for the long -term expansion of the City's urban area. Rural Recreational: applied to the south of the Deferred Urban and Estate Residential lands. This designation, while still permitting agriculture, was to allow for the development of recreational uses such as golf courses and campgrounds Development Nodes: affecting the QEW interchanges at Sodom and Netherby, this designation was to provide policies for future large -scale development when full municipal services are available. Recent Provincial Policy Regime As has been previously reported to Council, the Province has undertaken a number of initiatives to establish a new provincial policy regime and is taking a strong, hands -on role in directing municipal land use planning. In November 2004, the Province made several changes to the Planning Act, the most significant being a requirement that municipalities "be consistent" with provincial policy. In March 2005, a new Provincial Policy Statement (PPS) came into affect. One of the primary thrusts of the PPS is the preservation of agricultural lands. Provincially, there has been a rapid erosion of agricultural lands due to the extensive growth within the Greater Golden Horseshoe. This has resulted in the Province enacting more restrictive policies respecting the use of agricultural lands as well as urban boundary expansions. Because of the current policy regime, the previously recommended policies require revision in order to comply with provincial policy. The Region has already brought forward a report on a revised RPA 170 in line with the "tougher" requirements of the Province, which Regional Council has adopted. The revised RPA 170 is now in circulation to agencies for comment. In connection with this, both Regional and City staff met with representatives of the MMAH to discuss the provincial issues as it affects the policy framework of the WLUS in an effort to reach consensus. April 3, 2006 3 PD- 2006 -30 Revisions to the Policy Framework In its discussions with the Province, City and Regional staff brought forward statistical information to substantiate and to secure support for the Estate Residential area and the Open Space designation for the golf course and related lands. In these matters City staff were successful. The Willoughby area meets the PPS definition of Prime Agricultural Land. As such, the lands are to be preserved. This is not negotiable with the Province. Therefore, recreational uses and commercial uses as previously proposed by staff cannot be permitted. The Province was adamant the Good General Agriculture designation should apply to the area south of Ussher's Creek and the Estate Residential area. Report PD- 2006 -32, which is also on Council's agenda for consideration, details staff's proposed policies for Good General Agriculture. The Province takes seriously the expansion of urban boundaries which have not been part of a larger growth strategy and did not support the proposal for a Deferred Urban designation. Staff were successful in having these lands and the QEW /Sodom Road interchange recognized as Special Policy Areas indicating that they are to be examined as part of the Region's Growth Management Study. The lands will be part of a comprehensive study to determine if they are appropriate in the long range for urban development. The Next Steps It is recommended that Council direct staff to prepare policies following the direction laid out in this report for the Willoughby area. The revised policy direction is consistent with the PPS and will allow for controlled estate residential development south of the Legend's Golf Course. In order to obtain public input, a public open house or information meeting should be held. For expediency, this could be held in conjunction with the Region as part of its public consultation process for RPA 170. Following the open house, policies will then be drafted and circulated to the Region for comment. After obtaining circulation comments, the policies will then be revised and brought before Council for consideration at a statutory public meeting. Prepared Mana ey er of Policy Planning Recommended by: ug Darbyson ector of Planning Development Approved b��::_ T. Ravenda t' Executive Dir ctor of Corporate Services JB:gd Attach. S:\PDR\2006\PD2006 -30, Draft OP Policies for WLU Area.wpd espectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Fall Canada His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Corporate Sery lces Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.nlagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E -mail: planning ©city.niagarafalls.on.ca November 26, 2001 The recommendation(s) contained in this report were adopted by City Council Working Together to Serve Our Comm unity Clerk's Finance Human Resources Information Systems Legal Planning Development Doug Darbyson Director PD- 2001 -103 Re: PD -2001 -103, Finalization of Willoughby Land Use Study Proposed Planning Framework RECOMMENDATIONS: It is recommended that Council: 1) approve the proposed planning framework for the area which was the subject of the Willoughby Land Use Study; and 2) authorize staff to initiate amendments to its Official Plan to implement the planning framework described in this report. Hynde Paul Associates was hired to undertake the Willoughby Land Use Study in order to determine development opportunities and appropriate land uses with corresponding policies within the former Township of Willoughby south of Chippawa between the QEW and Niagara Parkway. The study, funded by the City, Region and Niagara Parks Commission, referred to hereafter as the agencies, was undertaken to recognize the Niagara Parks Commission golf course and heritage interpretation centre; provide for complimentary land uses around the Niagara Parks Commission development; provide for land uses and policies to reflect the growth strategy of the City and Region; and remove the deferred land use designation and policies for this area. On June 11, 2001, Council approved the attached staff report PD- 2001 -53 which set out the basic development concepts proposed by the consultant and authorized an open house whereby the consultants would present their findings and recommendations for the Willoughby Land Use Study. On July 26, 2001, a public meeting was held at the Chippawa Willoughby Memorial Arena to receive public input. The work completed by the consultant has provided staff with important background material on the study area, and a general planning framework for future development in the area. The agencies have reviewed this information, considered public input, and refined the development concepts proposed by the consultants to better address public input and the planning objectives of the agencies involved in the study: November 26, 2001 PLANNING FRAMEWORK: The attached map, Schedule 1, illustrates the new proposed policy designations, namely: estate residential development, a deferred urban area, a nodal development area at the QEW interchanges, a Rural Recreation designation for the remaining area and additional Environmental Protection Areas. The land uses proposed for each designation and key development requirements and restrictions are described below: Estate Residential 2 PD- 2001 -103 The approach toEstate Residential development is to contain it within the limits shown on Schedule 1 of this plan in keeping with "smart growth" planning principles and to avoid the consequences of urban sprawl. The boundary for estate residential development is based on existing rural residential development and lot fragmentation as well as using Ussher's Creek as a natural boundary so as not to extend such sprawl further. The Estate Residential designation is proposed in order to provide limited infilling opportunities between golf course and rural residential lots which are sensitively designed and integrated with the natural environment and open space character of the area. Such development is seen as compatible and complementary to the Niagara Parks Commission Golf Course development and surrounding rural residential development. In order to ensure estate residential development is sensitively integrated with the natural environment and open space character, lot sizes will range from 1 to 2. hectares (2.5 to 5 acres) with a median lot size of approximately 3 acres; estate lots will be accessed by internal street systems, designed to minimize strip development along existing roadways; natural areas shall be protected through the careful positioning of lots and internal street systems and use of conservation easements and development will be properly separated from livestock operations. The extension ofmunicipal water or sewage services to the Estate Residential area is neither appropriate nor contemplated by this Plan. Only development proposals which can demonstrate the adequacy and safety of potable water supplies, the long term sustainability of private waste disposal systems, and methods of effectively managing stormwater drainage will be considered. Traffic generated by residential estate development will need to be accommodated on local roads, thereby limiting the impacts on the Niagara River Parkway. Traffic impact studies may be required to assess traffic operations and traffic impacts associated with new developments. Open Space The Niagara Parks Commission Legends on the Niagara Golf Complex and Chippawa Battlefield Interpretive Centre will be redesignated from Residential and Good General Agricultural to Open Space. This designation appropriately recognizes uses such as golf courses as well as parks and recreational areas. The Environmental Protection Area designation referring to the floodplain ofUssher's Creek will be maintained. The agencies do not see the necessity of another entrance to the Parks Commission golf course form Weaver Road as suggested by the consultants. This will alleviate the traffic concerns of residents in the area. November 26, 2001 3 PD 2001 103 Parkway Residential The agencies propose that the existing Parkway Residential designation along Niagara Parkway be maintained. This would maintain the existing linear form of development, fronting on the Parkway and protect natural areas in order to preserve and enhance the scenic qualities of the Niagara River Parkway. Additional commercial opportunities are not contemplated. A few additional policies may be added to clarify servicing and drainage requirements for multiple lot plans of subdivision. Development Nodes The agencies agree the QEW interchanges at Sodom and Netherby Roads represent potential development opportunities. These nodes will receive a special designation which recognizes these areas for large scale development opportunities where full municipal services can be provided. These large scale gateway developments can be tourist commercial, recreational, or highway commercial in nature in order to take advantage of the strategic proximity, profile and access of this major transportation corridor relative to regional, provincial and United States markets. The intent is for the nodes to develop over the long term as an urban serviced "Gateway" areas. Interim small scale development on private services is not to be considered. Amendments to the Official Pan, and Zoning By law will be required for such development in order to properly determine ultimate land uses and compatibility, boundaries of development nodes, traffic and transportation considerations environmental impacts and servicing concepts. A servicing strategy will need to be jointly developed by various stakeholders including the City, Region and developers with specific proposals. Natural resource protection will be a high priority with respect to any development and may in some cases provide logical boundaries to nodal development. In order to provide scenic open space vistas between the Niagara Falls and Fort Erie urban areas, continuous strip development is not envisioned. Connection to municipal services will be restricted to the nodal areas and eventually deferred urban area. Deferred Urban Area The Deferred Urban Area identifies this area as the primary location for future urban boundary expansions. The future long term expansion of the urban boundary into this area is in keeping with the long term growth strategies of the City and Region. This area will be protected for future urban development by permitting only low intensity development and preventing significant land fragmentation. Existing uses and modest expansions thereto will be allowed Land uses which could hinder cost effective future urban growth such as greenhouses, new livestock operations and estate residential subdivisions will not be permitted. Currently, the City has urban land supply which can accommodate growth in excess of 20 years. Therefore, the deferred urban area is to serve the very long term urban development needs. Future urban boundary expansions will require local and Regional Official Plan amendments and must address issues such as need based on population projections and existing land supplies, availability of services, timing, staging and preparation of a secondary plan. November 26, 2001 Rural Recreational 4 PD- 2001 -103 The area south of Ussher's Creek is currently characterized by a variety of land uses including agricultural uses, hobby farms, conservation uses, forestry, utility corridors and non -farm residential uses. There are significant amounts of scrubland within these areas. Agricultural production is limited due to heavy clay soils which require tile drainage investment. Given, the lack of agricultural pursuits and the areas location between the QEW, NPC golf course, Niagara River Parkway and future estate residential, urban areas and nodal developments, it would appear this area will not be an intensive agricultural area. Nevertheless, it is important to maintain the Rural Open Space character of the area to provide scenic, attractive separation between the Niagara Falls and Fort Erie urban areas and maintain smart growth principles. The predominant use of land recommended by the agencies in the Rural /Agricultural area will be low density, open space in nature and will include agricultural uses hobby farms, greenhouses, forestry, conservation and limited non -farm residential development. Recreational commercial uses including golfcourses, driving ranges, campgrounds, small scale industrial and commercial uses and agri- tourism uses may be permitted where they are compatible with the rural environment and subject to a zoning amendment to ensure there is no adverse impact on the rural environment or natural amenity of the area and the long term functioning of private sewage disposal systems can be ensured. Environmental Protection Areas It is important to protect significant natural features within the study area. Within the study area the floodplain of many of the existing creeks are designated as Environmental Protection Area (EPA). However, the EPA can also be used to protect significant wetlands, woodlots, habitat areas and areas of natural and scientific interest. The consultant's study identifies several creeks and woodlots which are significant enough to warrant protection. The features are shown on the attached map (Schedule I). The wet/woodlots shown on the map are unevaluated wetlands and Regionally significant areas of natural and scientific interest. These woodlots meet several of the criteria used by the province for use in identifying Provincially Significant Woodlots. There are several small creeks classified as Type 2 fish habitat by the Ministry of Natural Resources (MNR). There is no floodplain mapping for these creeks, the proposed EPA designation will protect a 15 metre buffer on both sides of the creeks in accordance with MNR guidelines. The Willoughby Land Use Study has recommended the Niagara River be designated as EPA to recognize it as an important fish and wildlife habitat area. The bank of the creek is currently designated as EPA. Modifications to the Official Plan will be made to recognize the importance of the Niagara River and its watershed and stating support for initiatives such as the Niagara River Remedial Action Plan and Toxic Management Plan. Natural Resources As mentioned, significant natural features will be designated as Environmental Protection Areas. However, there are many smaller locally significant woodlots within the study area. The Natural Resource policies of the Official plan will be amended to ensure the integrity of locally significant rural woodlots, hedgerows and creek systems are protected and that these features are properly integrated into any development. November 26, 2001 Severances Currently, severance policies in the Willoughby Land Use Study area are limited to form related severances since the area is classified as a Good General Agricultural area in the Regional Policy Plan. It is recommended that within the Deferred Urban area, Rural Recreational area and Development Node areas that fragmentation of land into small parcels be restricted. Within the deferred urban and development node areas this will allow larger parcels to be available for properly planned future urban development. Within the Rural Recreational area it will maintain the Open Space Rural character, provide for hobby farming and facilitate the merger of parcels for recreational purposes. It is believed severances, whereby both the severance and remnant parcels are a minimum of 10 hectares in size, will meet these objectives. Allowing limited infilling severances, primarily one or two lots, between two existing rural residential lots or a rural residential lot and watercourse or road allowance is also seen as a way of restricting sprawl and fragmentation while providing practical development opportunities. It should be noted the extra residential development created by severance policies must demonstrate the long terns functioning of private sewage disposal. CONCLUSION: This report sets out a framework which provides the various land use designations proposed, their associated boundaries, the types of development to be permitted and criteria to be met. Approval ofthis framework will allow staff to develop more detailed policies and process an amendment to the City's Official Plan to implement this framework. Further public input will be incorporated through the processing of the planning amendments. Pr ed by: Cate ti Dave Heyworth Planner 2 Recommended by: Doug Darbyson Director of Planning Development Approved by: Tony Ravenda Executive Director of Corporate Services DH:am Attach. a ct FILE: S:\PDR\20011PD2001- 103.wpd74 5 PD- 2001 -103 Respectfully submitted: Edward P. Lustig Chief Administrative Officer 41111••• r O i i o D o b S>_ ••a u■r SIN rr.IIII. MIN /G iu.n�•1•111M• ii icy Proposed Defered Urban Proposed Rural Recreational Proposed Estate Residential Proposed Open Space Proposed Development Nodes Proposed Environmental Protection Areas Urban Area Boundaray Scab: 1:45000 Planning Development Tee al Memo Cab Proposed Willoughby Designations Dab: November, 200t Dmm BY• Filer t� wgIeaq.pnwl _opapr The City of Niagara Falls Canada J Members: BACKGROUND: Corporate Services Department His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 PD- 2001 -53 web site: www.city.nlagarafalls.on.ca Tel: (905) 356.7521 Fax: (905) 358.2354 E-mail: planning ©city.nlagarafalis.on.ca June 11, 2001 Re: PD- 2001 -53, Willoughby Land Use Study RECOMMENDATION: It is recommended that Council authorize staff to host an open house whereby the consultants will present their findings and recommendations for the Willoughby Land Use Study. Hynde Paul Associates was hired to undertake the Willoughby Land Use Study in order to determine development opportunities and appropriate land use with corresponding policies within the former Township of Willoughby south of Chippawa, between the QEW and Niagara Parkway. The study, funded by the City, Region and Niagara Parks Commission, was undertaken to address anticipated development .pressures and opportunities from the Niagara Parks Commission golf course development. Several meetings were held with the consultants and staff from the three participating agencies to discuss concepts of land uses and corresponding policies. An Open House was conducted by the consultants to obtain input from area property owners early in the process. The consultants have prepared draft policies which outline the development concepts and provide some guidance for development. The basic development concepts are as follows: 1. Estate Residential Development A designation will be established to provide for estate residential development. Areas identified as having potential for estate development are located along the Niagara Parkway as well as east of Willoughby Drive and north of Miller Road, adjacent to the Parks Commission golf course. Within these areas there should be a range of lot sizes up to 5 acres with a minimum lot area of 2.5 acres. The intent of the policies is to blend the development with the rural landscape and natural features as much as possible. Working Together to Serve Our Community Clerk's Finance Human Resources information Systems Legal Planning Development June 11, 2001 The policies propose some in -depth cul -de -sac development Off the Parkway. The consultants have indicated these would be only isolated opportunities for such development along the Parkway. The estate Residential area would be designated as Rural in the Regional Policy Plan. 2. Deferred Urban Area 2- PD- 2001 -53 Currently, the area south of Chippawa, north of Marshall Road between the QEW and Usshers Creek, is designated as Rural in the Regional Policy Plan. This Rural area is identified for long term future urban boundary expansion and is to be designated Deferred Urban in the Region and City's plans. Policies will be developed to protect those lands for long term growth by minimizing land fragmentation or the establishment of new livestock operations so that urban expansion potential will not be encumbered. 3. QEW Nodal Development The consultant proposes to delineate development nodes at the Lyon's Creek, Sodom Road and Netherby Road interchanges with the QEW. These nodes would serve as "Gateways" to take advantage of the QEW as an important transportation corridor linking the area with other centres in the Region, Southern Ontario and United States Markets. These nodes could capture tourist commercial, recreational, highway commercial or industrial uses subject to Official Plan and Zoning amendments with Site Plan approval. Planning policies would limit short term development to private servicing capabilities and provide for long term expansion tied to the extension of urban services. Any development must adequately protect environmental features and address land use compatibility issues. These conceptual nodes establish a `window of opportunity" to consider development around the interchanges. 4. Rural/Agricultural The RurallAgricultural area refers to the lands lying outside of the Parkway and Estate Residential Area, Deferred Urban Area and QEW Development Nodes and those lands designated Environmental Protection. The consultants propose that this area retain much of its current character, permit agricultural activities (including greenhouses), agri tourism uses located on the same property as an agricultural operation, forestry, conservation, and existing non -farm residential uses. Recreational commercial uses including golf courses, driving ranges, campgrounds, small scale industrial and commercial uses and stand -alone agri- tourism uses are listed by the consultant as possible uses which could be considered subject to a zoning amendment to ensure they are compatible with the rural environment. The consultant proposes that severances be permitted on a case by case basis to protect the rural environment and natural features. Non -farm residential development is proposed to be permitted on an infilling basis only in this area. June 11, 2001 5. Natural Features 3- PD- 2001 -53 The consultants propose amendments to the Environmental Protection Area (EPA) policies to address Provincial Policy Statements. The consultant recommends specific woodlot features greater than 40 hectares be designated as EPA's as well as Regionally Significant Areas of Natural and scientific interest including the Waverly Woodlot, Willoughby Drive Woodlot, Willoughby Marsh and Boyer's Creek Bush. In addition to Environmental Protection Areas, the study also recommends the protection of other natural features such as hedgerows which provide a linkage function and woodlots between 10 hectares and 40 hectares (25 -100 acres) in size. In these cases, woodlots should be incorporated into the design of the development to the greatest extent possible through tree preservation plans. 6. Servicing The consultants conclude that the estate residential development be serviced by private individual on -site systems. Communal sewage and water supply systems servicing residential condominium developments are also proposed by the relevant agencies. In general, all development will depend on private services. The consultant proposes that the extension of municipal services to nodal areas should be considered over the long term to optimize land use in these areas. Such consideration would be the subject of further study between the City and Region. The consultant is also proposing that where development within the Parkway and Estate Residential and QEW interchange nodal areas is considered, traffic impact studies would be required. PUBLIC PROCESS AND COMMENTS: The consultant has submitted a policy framework which provides a scenario as to the type of development they envision for the study area. Staff is requesting that a public meeting be arranged so that the consultant can present his findings to Council and the public in more detail. Once continents are received and considered, staff can report to Council with appropriate recommendations on the consultant's findings. STAFF COMMENTS: At this stage, staff feels there are considerable wording refinements necessary to clarify and strengthen draft policies. It is also staff's opinion that further consideration may have to be given to how the boundaries of estate residential development will be established. With so much development potential being contemplated on private services it is important that such development be sustainable over the long term and contingency measures be incorporated in the process. June 11, 2001 CONCLUSION: The consultants have prepared a policy framework which can be presented to the public for comment. Further policy refinement and issue deliberation is necessary, but public feedback would be beneficial at this stage. Pr ed by: Gera David Heyworth Planner 2 Recommended by: e Thoug Darbyson Director of Planning Development Approved by Tony Ravenda Executive Director of Corporate Services DH:am Attach. MME: S:1PDR12001 \PD200I 53.wpd 4 PD- 2001 -53 Respectfully submitted: Edward P. Lustig Chief Administrative Officer The City of Can Niagara Fall Canada Members: Corporate Services Department Planning Development 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: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 3, 2006 PD- 2006 -32 Doug Darbyson Director Re: PD- 2006 -32, Official Plan Amendment AM- 08/2006, Draft Good General Agricultural Policies RECOMMENDATION: It is recommended that: 1) a public open house be advertised to obtain public input on the City's draft Good General Agricultural policies; and 2) agencies and groups with an interest in the agricultural area be circulated a copy of the draft Good General Agricultural policies for their review and comments. BACKGROUND: The purpose of this report is to consider revisions to the City's Agricultural Policies in order to remove the deferral that has been in place since 1993 and to outline the process for public input and review of draft agricultural policies. This work is part of the 5 -Year Official Plan Review Work Program outlined to Council last fall Currently, there are two agricultural designations in Niagara Falls: Good General Agricultural (in the north) and Rural /Agricultural Deferred (in the south). The Rural /Agricultural policies were not approved by the Province in 1993. Therefore, there are no contemporary policies to direct land use in these areas. In updating the City's agricultural policies, it is necessary to be aware of the context in which new policies must be considered. Planning Analysis A comparative analysis of the agricultural lands in Niagara Falls within the Regional context, looked at the current policy regime, soil classification, economics and physiography. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 2 PD- 2006 -32 Current Policy Regime Over the past two (2) years, the Provincial government has been introducing a number of changes to Ontario's planning framework with the aim of controlling urban growth and protecting our natural areas and agricultural lands. This includes an amendment to the Planning Act (and further amendments are pending), new Provincial Policy Statements, the Greenbelt Plan, the proposed Growth Plan and proposed Clean Water Act. All municipal policies and decisions are now required to be consistent with the Provincial Policy Statements issued under the Planning Act. The Provincial Policy Statement contains objectives to protect prime agricultural lands from non agricultural development. These objectives are implemented through the established Regional Niagara Policy Plan. The majority of the lands in the City's agricultural area are designated Good General Agricultural Area in the Regional Niagara Policy Plan. The uses permitted within this designation are agriculture, agriculturally- related uses and some restricted non agricultural uses on a site specific basis. New lot creation is limited to surplus farm dwellings and farm parcels. The City must comply with these documents which provide a hierarchical framework. Soil Conditions The City's agricultural lands are identified as a `prime agricultural area' in the PPS. Prime agricultural areas are where Class 1, 2 or 3 soils predominate and includes associated Class 4 -7 soils. Farm retirement and infill lots are no longer permitted in agricultural areas throughout the Province. Economics The Regional Niagara Agricultural Economic Impact Study released in 2003 examined the economics of agriculture. It demonstrated that not all preconceptions about agriculture in the Region are accurate For example, the top moneymaking farming sectors in the Niagara Region are greenhouses, fruit, and poultry and egg (in that order). The highest grossing sectors in Niagara Falls include two of the above: poultry and egg and greenhouse products. Both of these sectors do not require Class 1 soils to operate. A trend noted in the Economic Impact Study was an increase in farming associated with the horse industry due to the recent increase in racing at the Fort Erie Race Track. In 2001, 30% of the Census farms in Niagara Falls were specialty farms (i.e., horses, emu/ostrich). The majority of horse operations observed are located toward the southern extent of the Crowland agricultural area along the municipal boundaries with Port Colborne and Fort Erie. Physiography and Related Conditions The Region prepared a Southeast Niagara Agricultural Study (SNAS) which considered the agricultural area in the City's south end and the adjacent municipalities in terms of soils, land use, type of farming and lot creation/size. The Study concluded that the former Crowland and Willoughby areas west of the QEW (herein referenced as Crowland) are quite similar in terms of soil, land use and farm type to the abutting agricultural lands in Fort Erie, Port Colborne and Welland and thus, the Region's Good General Agricultural designation was deemed to be appropriate on this region -wide area. April 3, 2006 3 PD- 2006 -32 In response to the Southeast Niagara Agricultural Study, Council expressed an interest in comparing the breakdown of data specific to the Crowland area with the balance of the study area. Data compiled from a land use survey and other sources specific to Niagara Falls have been included in this report not only in response to Council's request for additional information but also to provide a base from which revised agricultural policies may be created. The compiled data and accompanying analysis on soils, land use, type of farming, lot size and lot creation are attached in Appendix 1. The data observed in the local overview can be summarized as follows: a) Soils: Soil capability in the Crowland area most closely resembles the surrounding lands considered in the Southeast Niagara Agricultural Study; b) Land Use: The highest level of agricultural activity is in the northwestern agricultural (former Stamford Twp) area. Land use in the Crowland area is most consistent with the lands considered in the SNAS. c) Farm Type: The types of fanning activities differ between the north and south portions of the Municipality. The livestock operations and types of crops in the Crowland agricultural area again closely resemble the adjacent uses in the neighbouring municipalities and are more intense than the Willoughby area. d) Lot Sizes: the Willoughby area has more non -farm lots under 3 acres in size than the other two agricultural areas. General Synopsis of Niagara Falls Agricultural Conditions The northwestern agricultural area of Niagara Falls is characterized by fields of grain/soy crops, some tender fruit or grapes, and limited livestock operations. Much ofthe area has been retained in active agricultural production over the years. The Crowland area exhibits some ofthe characteristics of both the northwestern agricultural area and the area east of the QEW, herein called Willoughby. Like Willoughby, there are a number of woodlots and some areas that have been left as scrub. Wetlands occupy a significant portion of the area. Like the northwest area, a good portion of land with agricultural potential is being fanned in some capacity in a variety of uses such as field crops, vegetable crops, and livestock. This is especially true in the extreme southwest portion of Crowland which contains Class 1 and 2 soils. Other uses such as golf courses, and non -farm residential properties (some of which were created by testamentary devise and have not yet been developed) are located in this area. Based on need for contemporary policies, the requirement to be consistent with the Provincial Policy Statements, the need to comply with the Region's Policy Plan and the data collected by staff, the Good General Agricultural Area designation contained in the City's Official Plan is relevant and appropriate for the City's agricultural land south of the Welland River. A draft of the Good General Agricultural policies has been prepared and is attached as Appendix 2. The policies in Appendix 2 incorporate the recent amendments contained in Official Plan Amendment 64 which proposed general modifications to the City's Official Plan and updated the April 3, 2006 4 PD- 2006 -32 Good General Agricultural designation in compliance with the Provincial Policy Statement and Regional Policy Plan. Amendment #64 is currently awaiting Regional approval. Further refinements are included in the attached draft to deal with the matters outlined below. Testamentary Devise The policies of Amendment No. 42 will continue to apply regardless of any new agricultural designation of the Crowland agricultural area. Sodom Road/Queen Elizabeth Way Interchange Specific policies concerning the Sodom Road /Queen Elizabeth Way interchange node will be developed through the Region's Growth Management Study as discussed in report PD- 2006 -30. Bed Breakfast Uses Bed Breakfast operations ancillary to an agricultural use in non -urban areas are permitted in the Regional Niagara Policy Plan. The addition of a bed breakfast operation in the Good General Agricultural designation as well as a limit on the number of guest rooms and the requirement of a zoning by -law amendment to regulate the use is proposed. Home Occupations The relatively recent trend of operating a home -based business such as a home office or internet business within a residence is proposed to be recognized in the City's Official Plan. The home occupation would be restricted to an area within a dwelling and shall remain secondary to the residential use. Wooded and Natural Areas There is a significant amount of wooded, wetland and natural areas in the rural area of Niagara Falls that serve an important ecological function. The City's Official Plan should retain the policies that recognize and protect the mutually beneficial aspects of natural areas and farming uses. As a side note, the Region of Niagara recently adopted new environmental policies for the Regional Policy Plan. A review of the City's environmental policies is also underway as part of the required 5 -year review of the Official Plan and will have some bearing on the lands discussed in this report. Process The attached draft amendment has been prepared in consultation with Regional Planning staff. Before proceeding further, the public should be consulted on the proposed changes to the Agricultural policies. It is proposed that an Open House session be arranged and the policies be circulated to agricultural groups in the City. Subsequent to the consultation and any changes that may be included in the draft policies will be brought back to Council for a public meeting under the provisions of the Planning Act. It is suggested that a coordinated public consultation process between the amendments considered in this report and report PD- 2006 -30 concerning the Willoughby Land Use Area would be best as it would allow the City to proceed with a comprehensive review of all of the City's agricultural lands. CONCLUSION: The majority of the soils in the Niagara Region fall within the Provincial definition of prime agricultural land and combined with the favourable climate, physiography and trade location, this area is considered one of the most productive areas in Canada. April 3, 2006 5 PD- 2006 -32 The present agricultural policies applying to the southern half of the Municipality are outdated and do not reflect the examined agricultural environment. The `deferred' status of the City's agricultural policies needs to be replaced by new policies that reflect the agricultural character and moreover must conform to the upper -tier documents of the Provincial Policy Statement and Regional Policy Plan. Data reviewed by staff at both the City and the Region suggests that the "Good General Agricultural" designation of the Regional Policy Plan would be appropriate. Prepared by: Francesca Berardi Planner 2 Recommended by: U( Doug Darbyson irector of Planning Development Approved by: (i Ravenda ecutive Director of Corporate Services FB:tc Attach. Respectfully submitted: S:PDR\2006\Revised PD2006 -32, AM -08 -2006, Good General Agricultural Policies.wpd tit John MacDonald Chief Administrative Officer Soils, Land Use, Farming Type and Appendix 1 Lot Size and Creation Data Soils General Observations: 4S SC REGIONAL MU OF NIAGARA Agricultural Sall Classification (CU) REGIONAL AGRICULTURAL ECONOMIC IMPACT STUDY x.Vu+m.+n •.cr Mar m y w y ti_ a —3 MINI Cis 0 The soils in the agricultural area of Niagara Falls fall under the Provincial definition of Prime Agricultural land (see map below). The northern half of the Municipality exhibits mostly Class 2 Soils. Pockets of Class 1 and 2 soils are located in the extreme south western corner of the Municipality. The remainder of the soils south of the Welland River, both in Willoughby and Crowland, are considered Class 3 soils quite similar to the other areas examined in the Southeast Niagara Agricultural Study. The Canada Land Inventory System defines Class 3 soils as fair to moderately high in productivity for a wide range of field crops but limited by one or a combination of factors such as climate, erosion, slopes, permeability or stoniness. In Niagara Falls, the agricultural area appears to be most affected by the poor drainage of the clay soils. An analysis of the soils capability in the Municipality shows that the Class 3 soils located east of Montrose Road into Willoughby are often occupied by significant wetlands or woodlots. Where the Willoughby Land Use Area and the Crowland area differ is in the actual use of the soil. A notable portion of lands available for agriculture west of the QEW is actively being farmed in wheat, soybean, hay and livestock operations whereas the lands to the east exhibit a much lower level of farming activity. The agricultural activity appears to suggest that drainage improves from east to west. With improvements to drainage, a further increase agricultural productivity is possible. Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Land Use The Southeast Niagara Agricultural Study divided land uses into areas of agricultural potential: agricultural; idle (used for agriculture with the last few years); scrub (lands not used for agriculture over the past few years); and non- agricultural lands (wooded areas, residential, commercial, recreation, etc.). The study concluded that the WLUSA experienced significantly less current agricultural use on lands available for agriculture than the remainder of the Study area in Niagara Falls, Fort Erie, Welland and Port Colborne. In order to compare the areas of agricultural potential between the rural areas of the City, Planning staff conducted a land use survey based on the format used in the Southeast Niagara Agricultural Study. The attached plan illustrates the lands uses which existed at the time of the staff survey for the northwest and southwest areas in the summer of 2003 and the Willoughby Area in autumn of 2005. A breakdown of the acreages by use category is shown in Figure 1 (below). Figure 1 Southeast Niagara Agricult ral Study Area includes parts of Niagara Falls, Fort Erie, Port Colbome and Welland. Srub: where the lands ha e not been used for agriculture for at least several years idle: where lands have been used for agriculture during the past several years. General Observations: The land use breakdown confirms the distinct difference between the Willoughby Land Use Area and the remainder of the agricultural lands surveyed. Only 42% of land that could be available for agriculture (i.e., agricultural, idle and scrub lands) is being utilized and only 24% of the total area is in agricultural use according to the Southeast Niagara Agricultural Study. The survey conducted by City staff confirms this data but differs slightly (possible because of the time lapse between the surveys). In contrast, the northwestern area of the City shows a high level of current and continued agricultural activity with only small percentages of land being left idle or in scrub. Agricultural land use in the Crowland area is consistent with the land use in the Southeast Niagara study area. Southeast Niagara Agricultural Study* Municipal Survey Southeast Area (total area outside of urban boundary i 80,000ac, excluding Willoughby) WLUSA (total are outside of urban boundary s 18,600ac) North West Area total area is 6,827ac) CrowlandlWilloughby west of QEW. (total area is 14,896ac) Willoughby east of the QEW (total area i 7,603ac) Agricultural 56.1% 80% of land }aysiaieor riculture is in use for agriculture 24% 42% of land available for ncutture is in use for agriculture 54% 87% of land tavailable for I agdculture is in use for agriculture 41% 72% of land available for agriculture is in se for nculture 19.9% 45% of land available for agriculture is in use for da8ure aA Idle 7.2% �o 24/o 24% 3% 3/o 5/o 5% 114% Scrub 7.2% 9.5% 49% 11% 10.6% Wooded 14.3% 9.5% 17.6% 36% 40.8% Non Farm 13.6% 33% 20.5% 7% 15.4% (Seaway lands) 1.25% n/a n/a n/a n/a Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Land Use The Southeast Niagara Agricultural Study divided land uses into areas of agricultural potential: agricultural; idle (used for agriculture with the last few years); scrub (lands not used for agriculture over the past few years); and non- agricultural lands (wooded areas, residential, commercial, recreation, etc.). The study concluded that the WLUSA experienced significantly less current agricultural use on lands available for agriculture than the remainder of the Study area in Niagara Falls, Fort Erie, Welland and Port Colborne. In order to compare the areas of agricultural potential between the rural areas of the City, Planning staff conducted a land use survey based on the format used in the Southeast Niagara Agricultural Study. The attached plan illustrates the lands uses which existed at the time of the staff survey for the northwest and southwest areas in the summer of 2003 and the Willoughby Area in autumn of 2005. A breakdown of the acreages by use category is shown in Figure 1 (below). Figure 1 Southeast Niagara Agricult ral Study Area includes parts of Niagara Falls, Fort Erie, Port Colbome and Welland. Srub: where the lands ha e not been used for agriculture for at least several years idle: where lands have been used for agriculture during the past several years. General Observations: The land use breakdown confirms the distinct difference between the Willoughby Land Use Area and the remainder of the agricultural lands surveyed. Only 42% of land that could be available for agriculture (i.e., agricultural, idle and scrub lands) is being utilized and only 24% of the total area is in agricultural use according to the Southeast Niagara Agricultural Study. The survey conducted by City staff confirms this data but differs slightly (possible because of the time lapse between the surveys). In contrast, the northwestern area of the City shows a high level of current and continued agricultural activity with only small percentages of land being left idle or in scrub. Agricultural land use in the Crowland area is consistent with the land use in the Southeast Niagara study area. City of Niagara Falls ONTARIO, CANADA Agricultural Land Use 411P Agricukits Sw_e Woodal 98CGteS`96582-' Livestock Operation l Base Legend WOUSE Agdcutiurai Land Areas (Acres) Nal-Farm Uses Scrub Wooded WA saverd sug NORTH OF WW 6123 1515 3888 730 1016 203 1055 1068 1400 1673 804 337 5315 3097 1199 215 103 1964 Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Type of Farming The Southeast Niagara Agricultural Study concludes that within the study area 50% of agricultural lands are in cropland; 25% in livestock and 25% in a mixed livestock/crop farming operation. The windshield survey conducted by City Staff allowed a notation of where livestock operations existed but not the breakdown of the economics of the farm. For the purposes of the City survey livestock operations were identified by the presence of animals or livestock barns. The Land Use Plan in Appendix 1 -B illustrates the contrast between the distribution of livestock operations in the northwest and southwestern sections of the Municipality. A total of 43 livestock operations of various sizes were noted in the Crowland area and 18 in the Willoughby area whereas only 2 (hobby livestock) operations were noted in the north. In terms of crops, the northwestern area contained some orchards, vineyards, and nurseries which were not evident in the southern agricultural areas. Crops of wheat, hay, soybean and corn were observed in both the north and south, however, hay was more prevalent in the southernmost portions of the municipality, mostly in relation to the livestock operations. An area of mixed vegetable crops was noted in the extreme southwestern area of Crowland. The distribution of the livestock operations in addition to the types of crops observed suggests a greater similarity between the Crowland area and the lands included in the Southeast Niagara Agricultural Study than between the Crowland area and the northwestern agricultural area. Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Lot Size Lot Creation Lot Size The attached plan represents the distribution of lot size in the City's Agricultural area. The following provides a breakdown of lot size by number of parcels and total acreage occupied for these areas. General Observations: Approximately 6% of the land area within the WLUSA (Willoughby) is occupied by lots less than 3 acres (1.21ha) in size about twice as much as the other two agricultural areas. The majority of the non -farm developments are along and within one township block of the Niagara Parkway. The northwest and Crowland/Willoughby areas are again similar on other end of the scale with 35% of their land areas held in lots of greater than 50 acres (20.2ha) in size. Lot Creation LOT SIZES /AREAS COMPARISON BASED ON MAPPING Prior to 2000, decisions regarding lot severances were made by the Regional Niagara Land Division Committee. Since then, decisions have been made by the City's Committee of Adjustment. Since 1989 more than half of all severance applications in the City's agricultural area proposed new non -farm lots (i.e., commercial/institutional lots, infilling, retirement, residential or rural non -farm lots) less than 3 acres in size. Most of the applications were in the Crowland area which does have a larger land base than the other two agricultural areas. The numbers clearly illustrate the pressure that all the agricultural areas are facing for the creation of non -farm lots. Northwest Agricultural Area Crowland/Willoughby Area WLUSA All Areas Parcels Acreage Parcels Acreage Parcels Acreage Parcels Acreage <3ac 181 1 45.7% 185 I 2.8% 306 1 39.5% 403 1 2.7% 348 1 58.6% 407 I 5.7% 835 1 47% 995 3.5% >3 s10 97 1 24.4% 560 I 8.536 167 21.6% 930 1 6.2% 109 18.4% 503 1 7.1% 373 I 2194 1992 69% >10 s 20 32 1 8.1% 451 I 6.8% 83 1 10.7% 1151 1 7794 36 1 6.1% 505 1 7.1% 1 151 I 9% 2107 7.3% >20 5 30 23 I 5.8% 571 1 8.6% 57 1 7.4% 1416 1 9.4% 27 I 4.5% 825 I as% 107 F 6% 2612 9.1% >30 s 40 14 I 35% 501 1 7.6% 36 1 4.7% 1257 1 8.4% 9 I 1.52 318 1 4.5% 59 I 3% 2077 7.2/s >40 s 50 13 1 3.3% 587 I 8.9% 24 1 3.1% 1073 I 7.2% 24 I 4.1 1 1104 1 15.5% 61 I 394 2764 I 9.694 >50 S 100 24 8.1% 1543 23.3% 77 i 9 5264 1 35.194 32 1 5.3 2189 30.8% 133 1 8% 8995 31.3% >100 12 3.1% 22131 33.5% 1 241 I 3.1% 3495 23.3% 91 1.5 14561 45I 3% 71841 25 ",6 396 6611 I 774 I 14989 1 594 1 7107 1 1764 1 28706 1 j 1 I I Average lot size I 18.7 I 19.4 1 I 11.96 1 1 1 I Ave lot size >40ac 1 I 76.8 68.8 I 1 68.51 I Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Lot Size Lot Creation Lot Size The attached plan represents the distribution of lot size in the City's Agricultural area. The following provides a breakdown of lot size by number of parcels and total acreage occupied for these areas. General Observations: Approximately 6% of the land area within the WLUSA (Willoughby) is occupied by lots less than 3 acres (1.21ha) in size about twice as much as the other two agricultural areas. The majority of the non -farm developments are along and within one township block of the Niagara Parkway. The northwest and Crowland/Willoughby areas are again similar on other end of the scale with 35% of their land areas held in lots of greater than 50 acres (20.2ha) in size. Lot Creation LOT SIZES /AREAS COMPARISON BASED ON MAPPING Prior to 2000, decisions regarding lot severances were made by the Regional Niagara Land Division Committee. Since then, decisions have been made by the City's Committee of Adjustment. Since 1989 more than half of all severance applications in the City's agricultural area proposed new non -farm lots (i.e., commercial/institutional lots, infilling, retirement, residential or rural non -farm lots) less than 3 acres in size. Most of the applications were in the Crowland area which does have a larger land base than the other two agricultural areas. The numbers clearly illustrate the pressure that all the agricultural areas are facing for the creation of non -farm lots. Soils, Land Use, Farming Type and Lot Size and Creation Data Appendix 1 (cont.) Testamentary Devise A number of residential lots in the agricultural area have been created through testamentary devise. A number of them have not yet been developed. The number of lots and total acreage of lots created through testamentary devise are as follows: 138 lots and 585.9ac in the Crowland area 75 lots and 291.05ac in the Willoughby area none in the northwest area Therefore, based on total acreage: 27% of the Crowland area has been lost to testamentary devise 26% of Willoughby area has been lost to testamentary devise The testamentary devise plans are spread out in the southwestern area but 4 out of 5 plans in Willoughby are concentrated north of Marshall Road. APPENDIX 2 DRAFT AMENDMENT PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitutes 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 Rural /Agricultural to Good General Agricultural. 2. TEXT CHANGE (1) PD- 2006 -32 PART 2, SECTION 7 GOOD GENERAL AGRICULTURAL, is hereby amended by deleting section 7 in its entirety and replacing it with the following: SECTION 7 GOOD GENERAL AGRICULTURAL PREAMBLE The lands within the Good General Agricultural area of the Municipality represent a blend of agricultural uses and natural areas. The area boasts a wide range of active agricultural uses including tender fruit and vineyards, vegetable and field crops, hay and pasture and livestock operations. This area is also characterized by some limited non agricultural, recreational and agriculturally related uses. Interspersed with the agricultural uses are natural areas including creeks, wetlands and woodlots. It is the intent of this Plan to protect the continuation of farming operations, restrict the establishment of non -farm uses and minimize land use conflicts in favour of agriculture wherever possible while protecting the natural environment. Within the Good General Agricultural Area is the Sodom Road and Queen Elizabeth Way interchange. The interchange is located on a major transport route offering convenience and proximity to both Canadian and United States markets. Potential long term development of this node will be assessed through the Region's Growth Management Study and implemented through an amendment to this Plan. POLICIES 7.1 The predominant use of land in the Good General Agricultural Area will be for agriculture of all types including crop farming, tender fruit and vineyards, dairy farming, livestock operations, nurseries, and intensive greenhouse as well as forestry, conservation uses and farm related residential dwellings. Uses of land not related to agricultural uses will not be permitted in the Good General Agricultural Area except as provided for in this Plan. -2- 7.2 Small -scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the agricultural area which they serve if it is not possible to locate these uses in designated Rural or Urban Areas. Such uses will be encouraged to locate where the impact on adjacent uses is minimal and shall be implemented through a site specific zoning amendment within which site design details and limits on the floor space area provisions can be established. 7.3 Uses of land not related to agricultural uses are not permitted in the Good General Agricultural Area. However Council may consider a site specific amendment to this Plan for a non agricultural use where it has been demonstrated that the use cannot be accommodated in a non agricultural designation. In addition, the siting of a non agricultural use shall be supported by qualified evidence demonstrating matters ofpoor soil capability, suitability of the site for the proposed development, no disruption of natural areas, effect on adjacent properties and financial impact on the City. All non agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the extent of the use and mitigate any impact the use may have on adjacent lands. 7.4 Ancillary uses to the agricultural or residential use of lands within the Good General Agricultural Designation such as a home industry or uses ancillary to a residential dwelling such as a home occupation or a bed and breakfast facility can offer financial assistance to land owners in the agricultural area and, in the case of bed and breakfast facilities, provide an alternative form of accommodation for the City's tourism industry. These uses may be permitted where it can be demonstrated that they are compatible with and retain the agricultural, rural or rural residential character of the Good General Agricultural Area. To ensure compatibility the ancillary uses shall remain designated and zoned for agricultural or rural purposes and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding agricultural uses in terms of noxious odours, noise or traffic and shall provide adequate on -site parking as outlined in the City's Zoning By- law. The severance of an ancillary use is not permitted. In addition to the above: (i) A home industry shall be small in scale and remain secondary to the agricultural or residential use of the property and shall be subject to a site specific zoning by -law amendment. (ii) A home occupation or a bed and breakfast facility shall be carried on entirely within the residence and remain ancillary to the residential use of the property. -3- (iii) Bed and breakfast facilities shall be operated by a permanent resident of the dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by -law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading. 7.5 Nothing in this Plan will prohibit the continued operation of legal non conforming uses in the Good General Agricultural Area. The expansion or enlargement of such uses may also be permitted subject to compliance with the following criteria and Part 4, Section 6 of this Plan. 7.5.1 The expansion/enlargement is considered to be minor in nature having minimum detrimental impact to surrounding uses. 7.5.2 The expansion/enlargement complies with the Minimum Distance Separation Formula or 305m, whichever is the greater, in order to ensure such development is suitably separated from any surrounding livestock operations. 7.5.3 The suitability of the expansion/enlargement is reviewed by the Regional Public Health Department and/or the Ministry of the Environment with respect to the provision of water and private waste disposal systems. 7.5.4 The expansion/enlargement will not interfere with wetlands, designated woodlots, watercourses, and farm drainage systems. 7.5.5 The expansion/enlargement is desirable for the appropriate development or use of the land, building or structure and also maintains the general purpose and intent of the Official Plan and Zoning By -law. 7.6 All development will be expected to depend on private waste disposal systems and private water supply in accordance with the requirements of the Regional Public Health Department and/or the Ministry of the Environment. Municipal sewers or water supply will not be provided within the Good General Agricultural Area except where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. 7.7 The municipality recognizes its role in preserving the agricultural resource base. To every extent possible, the municipality will participate in the policy initiatives and programs of other levels of govemment aimed at supporting farmers by encouraging new and maintaining existing viable farm operations. In this regard, Council shall promote good farming practices by encouraging vegetative strips along stream banks on plowed fields, crop rotation and topsoil preservation. -4- 7.8 Notwithstanding the Good General Agricultural designation of this Plan, two existing golf courses located in the northwest portion of the City area hereby recognized as permitted uses. These golf courses are located on Garner Road through to Beechwood Road and south to Lundy's Lane and on Beaverdams Road from Beechwood through to Townline Road. 7.9 In order to maintain and improve agricultural operations, every attempt will be made to encourage the retention and creation of farm units of an appropriate size for the proposed farm use through the following: 7.9.1 The consolidation of small farm parcels into larger units will be promoted. 7.9.2 The establishment of additional permanent or portable farm- related residential dwellings will be permitted without severance for family members or farm help working full time on the farm, subject to a zoning by -law amendment. These dwellings may only be permitted on farms which are of a nature that additional help is required and that this assistance needs to be located close by the farm. 7.9.3 Severances will be restricted to avoid the fragmentation of farmland and creation of non viable farm parcels. Severances will be in accordance with Part 4, Section 8 of this Plan. PART 4, SECTION 8 LAND DIVISION COMMITTEE, is hereby amended by deleting subsection 8.2 and replacing it with the following: 8.2 CONSENT POLICIES FOR GOOD GENERAL AGRICULTURAL AREAS 8.2.1 A consent may be permitted for a minor boundary adjustment, easement or right -of -way provided it conforms with other policies of the Plan and does not create a separate lot for a residential dwelling. 8.2.2 Consent may be permitted for a parcel to be conveyed to and merged on title with adjoining lands on which there is an existing farm operation and the remnant parcel is large enough to support a viable farm operation that is of a size that is appropriate and common in the area. 8.2.3 Consent to sever a lot with an existing house considered surplus to the needs of a farm operation may be considered where more than one permanent farm dwelling built before 1990 exists on one lot or where two or more farms have been amalgamated under one ownership provided that: the remnant parcel of farmland remains an appropriate size to function as part of the overall farm operation; -5- a farm dwelling for the farm operation remain on a parcel that is owned by the farm operation; and that a vacant farm parcel created by the consent is rezoned to preclude new residential development. In addition, the surplus dwelling must be capable of human habitation and meet the standards of the City's Maintenance and Occupancy Standards By -law. 8.2.4 Residential severances permitted under Policy 8.2.3 will be carefully sited so as to reduce their effect on existing farm operations, minimize the amount of agricultural land taken out of production, ensure no disruption to natural features, and allow the lots as well as existing neighbouring lots to properly function on private services. The maximum size of a lot shall be 0.4 hectares except to the extent of any additional area deemed necessary to support a well and private sewage disposal system as determined by the Regional Public Health Department and/or the Ministry of the Environment. Such development must also satisfy the following criteria. 8.2.4.1 In order to minimize land use conflicts in the Good General Agricultural Area, new or expanding livestock operations and non -farm uses on either existing lots of record or proposed new lots will be appropriately separated from each other in accordance with the Minimum Distance Separation Formula or 304.8m, whichever is the greater. New dwellings on existing lots of record must only comply with the Minimum Distance Separation Formula. 8.2.4.2 Severances shall be located at the corners of existing farm holdings or between established residences, wherever possible. 8.2.4.3 Any new lot created will be required to have sufficient frontage on an improved public road in accordance with the implementing Zoning By -law. 8.2.4.4 The size of any lot created shall be sufficient to achieve the long -term functioning of a private waste disposal system and avoid any future negative effects on the ground water system. A minimum of 0.4 hectares of land should be outside the flood risk area for any new lot. Adequate provision shall be made for private water supply and waste disposal systems in accordance with the Regional Public Health Department and/or the Ministry of the Environment. -6- 8.2.4.5 The severance of land will not interfere with wetlands, woodlots, watercourse or farm drainage systems and any new lot created shall have sufficient area to construct a dwelling, accessory structures and an associated private waste disposal system without a negative impact on such natural features. Where such features exist the creation of the lot shall be subject to an Environmental Impact Study to address the extent of impact and possible mitigation tools. 8.2.4.6 Where an application for consent results in the creation of a new single residential lot within an existing development cluster of 5 or more lots, a hydrogeological report that evaluates on -site and off -site impacts, water quality and water quantity may be required to confirm the suitability of the site for private servicing and to evaluate the impact of the proposed new lot on the servicing of the adjacent existing lots. The report shall be prepared and signed by a qualified professional and submitted with the development application. 8.2.5 Consent to convey a farm parcel maybe permitted provided that the resulting parcels are both for agricultural use and the size of the resulting farm parcels: a) are appropriate for the farming activities proposed, b) are suited to the particular location and common in the area, and c) provides some flexibility for changes in the agricultural operation. The foregoing includes small lot severances for greenhouses and other intensive forms of agriculture subject to the condition that any new dwellings on the property are allowed only after the greenhouse and other farm buildings have been constructed or substantially completed. It is important that small lot severances for intensive agricultural uses such as greenhouse operations be of a sufficient size so that these uses have ample room for future expansion. 8.2.6 Consent may be granted for the creation of a lot for facilities and corridors that cannot be accommodated through the use of easements or right of way. Notwithstanding any other policies in this plan, facilities and corridors, for the purpose of this policy, shall include: sewage and water systems, septic systems, waste management systems, electric power generation and transmission, communications and/or telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities but shall not include waste disposal sites, waste transfer stations or recycling facilities. The City of Niagara Fall Canada Members. Corporate Services Department Planning Development 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: planning ©niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 3, 2006 PD- 2006 -33 Doug Darbyson Director Re: PD- 2006 -33, Matters Arising from the Municipal Heritage Committee RECOMMENDATION: It is recommended that Council: 1) approve the restoration and addition to the Oswald House, 2922 St. Paul Avenue, as outlined in this report; 2) approve a designated property grant for the maximum amount of $3,000 toward the cost of the replacement of the roof of the Strickler/Danner House, 12549 Niagara River Parkway, as outlined in this report; and 3) direct staff to initiate the Cultural Heritage Landscapes Work Plan as endorsed by the Municipal Heritage Committee. BACKGROUND: The Municipal Heritage Committee held its regular meeting on March 22, 2006. The following matters require Council's consideration. 1. Approval of Restoration and Addition, Oswald House, 2922 St. Paul Avenue The Municipal Heritage Committee received a request from the owners of the Oswald House to conduct restoration to the exterior of the house, which includes painting the exterior and adding a garage on the east side of the existing house. The paint colours were investigated by Jon Jouppien, Heritage Resource Consultant, who conducted a detailed colour analysis and determined the original colours of the house. The addition of the garage and kitchen on the east side of the house will require the removal of two more recent additions to the house, which are not considered significant features to the original house. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 2 PD- 2006 -33 The following motions were adopted: THAT the Municipal Heritage Committee recommends approval of the plans prepared by Wayne Murray, dated March 15, 2006, for the addition to the Oswald House at 2922 St. Paul Avenue, as it is not considered to affect the reasons for designation. and THAT the Municipal Heritage Committee supports the paint colours chosen for the exterior of the Oswald House, as determined by Jon Jouppien through a detailed colour analysis. The Committee recommends that Council approve this restoration and addition. 2. Designated Property Grant -12549 Niagara River Parkway An application for a grant to replace the roof on the Strickler/Danner House has been received from the owner, Mr. Keith McGough. The Committee considered an estimate from Cedar Roof Ontario to install #1 grade cedar shingles. The Committee was satisfied that the work is restoration and is in keeping with the reasons for designation. The estimated cost of this project is $18,591 which, according to the Designated Property Grant Guidelines, will allow for the maximum eligible grant of $3,000. The following motion was adopted: THAT Council approve the grant of $3,000 to restore the cedar roof of 12549 Niagara River Parkway which is the maximum allowed under the Designated Property Grant program 3. Cultural Heritage Landscapes Cultural Heritage Landscapes are geographical areas modified through human activity which are valued as having heritage significance by the community. Recent amendments to the Provincial Policy Statements (PPS), Ontario Planning Act and the Ontario Heritage Act have brought landscape evaluation and identification to the forefront of the Province's planning framework. The Ontario Planning Act requires that decisions on planning matters must be consistent with the Provincial Policy Statement. The PPS state that "significant built heritage resources and significant cultural heritage landscapes shall be conserved MHC considered a work program (Report PD- 2006 -25, attached) to address Cultural Heritage Landscapes. The City's Heritage Master Plan states that the inventory and evaluation of heritage landscapes is to be considered a "high priority" task. The evaluation and identification of Cultural Heritage Landscapes are identified in the Municipal Heritage Committee's Work Plan for 2006, as endorsed by Council. The City's Official Plan is currently deficient in policy regarding Cultural Heritage Landscapes and this would be amended during this process. April 3, 2006 3 PD- 2006 -33 THAT the Cultural Heritage Landscape Work Program, as outlined in report PD- 2006 -25, is endorsed for Council's approval. CONCLUSION: The Committee is seeking the concurrence of City Council on these matters. Prepared by: Peggy Boyl Assistant Planner Recommended by: f iig Darbyson 'Director of Planning Development Approved by: te Ravenda The following motion was adopted: xecutive Director of Corporate Services PB:tc Attach. S:WDR\2006\PD2006 -33, Matters Arising from MHC.wpd Respectfully submitted: in ohn MacDonald Chief Administrative Officer The City of Niagara Fall Canada Corporate Services Department PD- 2006 -25 Planning Development Doug Darbyson 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 E mail: planning ©niagarafalls.ca Chair, Margaret Mingle and Members Municipal Heritage Committee City of Niagara Falls, Ontario Members: March 22, 2006 Re: PD- 2006 -25, Cultural Heritage Landscapes Initiation of Work Plan RECOMMENDATION: It is recommended that the Municipal Heritage Committee (MHC): 1) endorse the attached Cultural Heritage Landscapes Work Plan; and 2) recommend that Council direct staff to initiate the Cultural Heritage Landscapes Work Plan. BACKGROUND: The City's Heritage Master Plan was adopted in principle by Council in January of this year. Within the Action Objectives of this Plan, the inventory and evaluation of the City's historic buildings and landscapes was rated as `high priority'. Cultural Heritage Landscapes are included in this objective. They are recommended to be completed over the `short term'. Cultural Heritage Landscapes are not a new concept, however, recent amendments to the Ontario Planning Act and the Ontario Heritage Act have brought landscape evaluation and identification to the forefront of the Province's planning framework. The Ontario Planning Act requires that decisions on planning matters must be consistent with the Provincial Planning Statements (PPS) which states that `significant built heritage resources and significant cultural heritage landscapes shall be conserved'. The Provincial Policy Statements define significant cultural heritage landscapes as: "A defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type ofheritage form, distinctive Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning 8 Development March 22, 2006 2 PD- 2006 -25 from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets, and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value." By conserving a cultural landscape, the PPS refers to the identification, protection, use and/or management of the landscape in such a way that the heritage values, attributes and integrity are retained, possibly through special policies, zoning, design guidelines or heritage impact assessment. Changes to the Ontario Heritage Act allow the MHC to advise Council on all cultural heritage matters, not just buildings and districts. This includes archaeological sites and cultural landscapes. The Act also allows the conservation of significant cultural heritage landscapes through designation under the Heritage Conservation District process. This report provides a brief background to Cultural Heritage Landscapes and suggests a work plan for the identification of important landscapes in Niagara Falls. Ultimately, new policies will be added to the City's Official Plan policies to recognize cultural heritage landscapes and provide guidance on their protection or conservation. Types of Cultural Heritage Landscapes The World Heritage Committee (1992) has identified 3 (three) general types of landscapes: Defined Landscape an intentionally designed landscape such as a formal garden. An example of this type of landscape is the Oakes Garden Theatre. Evolved Landscape a landscape that has grown through the use by people and whose activities have directly shaped the landscape or area. Examples include Portage Road or the Hydro Canals. Associative Landscape a landscape that has powerful religious, artistic, or cultural associations with our without material cultural evidence. An example could be the Chippawa Battleground or Navy Island. Identification of a cultural heritage landscape involves research, site survey and analysis and evaluation. As noted above, the MHC can identify these heritage resources for the City. The necessary work needed to consider the cultural heritage landscapes of Niagara Falls include: the inventory; the development of evaluation criteria; and and the preparation of Official Plan policies specific to cultural landscapes. March 22, 2006 3 PD- 2006 -25 The first step is to gather information and data about what can be considered a cultural landscape in Niagara Falls. An Open House would give the MHC and staff the opportunity to gather valuable information from residents about the history and culture of our City. This information would then form the direction in which the inventory and evaluation of our landscapes can proceed and which areas are of importance to the citizens. A Heritage Landscape Guide is needed to provide a framework for data collection, analysis and interpretation. The preparation of a Heritage Landscape Guide would be a collaborative effort between the MHC and the Planning Division in cooperation with Parks, Recreation and Culture and public input. Appendix A outlines a Work Plan which can lead to the preparation of cultural heritage landscape policies and the protection or conservation of our significant cultural heritage landscapes. CONCLUSION: The identification and protection of cultural heritage landscapes are required through the Ontario Planning Act and are supported by the City's Heritage Master Plan. The community benefits of identifying cultural heritage landscapes begin with providing people with an understanding about shared heritage and how the place they live in has evolved. Public input is considered an important component in the identification and data gathering for heritage landscapes. An Open House, advertised through a newspaper notice and mailings to agencies with heritage interests, should be held to initiate the City's consideration of our landscapes. Prepared by: Francesca Berardi Planner 2 FB:gd Attach. S:\PDR\2006\PD2006 -25, Cultural Heritage landscapes.wpd Respectfully submitted: Doug Darbyson Director of Planning Development March 22, 2006 Work Plan The following work plan can be adjusted as needed to best reflect the heritage objectives of the City and its citizens. Council can be updated at each stage of the process prior to proceeding to the next course of action. Public Open House Heritage Landscape Guide Official Plan Policies Conservation of Significant Cultural Landscapes -4 APPENDIX "A" PD- 2006 -25 To initiate the review of the City's Cultural Heritage Landscapes it is suggested that a public open house be held to not only seek public input and knowledge but to gauge the public interest of those who may wish to be involved in the process. From this input a local definition of a Cultural Heritage Landscape can be developed. The MHC and the Planning Division in cooperation with Parks, Recreation and Culture and possibly a core working group of volunteers knowledgeable in the natural and cultural heritage of Niagara Falls would establish a guide to the collection and interpretation of data. Official Plan policies are to be prepared that would reflect the City's interest in the identification, protection or method of conservation of our valued Cultural Heritage Landscapes. The conservation of significant Cultural Heritage Landscapes can be achieved through tools such as (but not limited to): designation under the Ontario Heritage Act; specific area Official Plan designations or zoning; Community Improvement Plans, Design Guidelines, Density Transfer, signage or environmental assessments. niagara falls public library forty eight forty eight victoria avenue niagara falls ontario L2E 4C5 Tel.: 905/356 -8080 Fax: 905 /356 -7004 March 22, 2006 His Worship Mayor Ted Salci and Members of City Council City of Niagara Falls, Ontario Members: Re: 2006 Capital Budget Library Projects The Niagara Falls Public Library Board respectfully requests approval by City Council to undertake the following library projects in 2006 as approved March 20, 2006 in the City's Capital Budget 2006 -2010 (revised budget sheets attached): a) Materials (books, audio visual, etc.) for Community Centre Branch: $138,446 Opening Balance (from Dec.31 /05), $138,554 Materials, $17,000 Capital Holding, $260,000 Development Charges, 0 Debentures b) Furniture, Equipment, Shelving, Computers, etc. for Community Centre Br: $253,301 Opening Balance (from Dec. 31/05), $174,199 Furniture /etc., $427,500 Development Charges, 0 Debentures c) Renovations for Stamford Branch: $18,957 Opening Balance (from Dec. 31/05), $14,043 Renovations, $33,000 Capital Holding, 0 Debentures d) Automation: Victoria Avenue Library: $200,000 Automation, $110,000 Library Reserve, $90,000 Debentures. Sincerely, 9elir Joe Longo Chief Librarian c. Ken Burden N> U 3 1 1 1. g F 1 11 ill kW 11 ii IIiliA 1 1 g 4 0 4 I0 I0 1111 I 1/11 i HIP I WIMP I *Ida* u ma one sumo aawos ENIGMA T"n' wlIr+a N> U 3 1 1 1. g F 1 11 ill kW 11 ii IIiliA 1 1 g 4 i Down N ia g rara Board of Management March 14, 2006 Dear Mr. Iorftda: Sincerely, ag Vice Chairman /dd Att. P.O. Box 5, Niagara Falls, Ontario L2E 6S8 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 As per our General Meeting held March 7, 2006, we are pleased to proffer the attached budget as laid out and approved by the members for the year 2006. Please contact me at (905) 354 -5604 if you have any questions or concerns. Downtown Niagara Falls: Where Variety Makes the Difference Tel.: (905) 354 -0606 Fax: (905) 354-5541 bia@niagarafallsdowntown.com www.niagarafallsdowntown.com Niagara Falls Downtown Board of Management 2006 Budget Advertising Promotion 15,000.00 Beautification 20,000.00 Staff Wages 25,000.00 Liability Insurance 3,600.00 (Property $1634 $2M Liability $1929 —tax included) Rent 2,400.00 Office Administration 5,000.00 (Postage, Copying, Telephone, Cable, Web Host, etc.) Revitalization 68,580.00 Professional Fees 22,000.00 (Accountant $2000/Publicist $20,000) Meeting Expenses 1,500.00 Misc. 2,700.00 Shortfall on property tax appeal 14,220.00 Total $180,000.00 Surplus Balance December 31, 2005 465,261.49 CTS. Canadian Transplant Association W W W.O eGAN WORKS.ORG TEL: 1 888 532• 9999 CHARITABLE TA% No. 1318 I RROO I a arr s ,lr Ontario Region Honorary Patrons Mel Davis Basil (Bum) Hargrove Bob Rae linda Rowe It Regional Director Henry Chaska Cowen tt Regional Vice Director Tony Cammareri t, Regional Treasurer Julie Anne Stangroom t Regional Secretary Sandra Holdsworth It Regional Manager, Public Relations Brian Noad tt Regional Manager, Sports Ontario Region Representatives Donna Fleming tt Aubrey Goldstein Robert Kolatschek Audra Manning tt Barry O'Connor tt Deby O'Connor Dennis Segatto t. Niva Segatto Sponsorships* Canadian Automobile Workers Canadian Liver Foundation Clarica Fujisawa Honinann -la Roche Miracle of Life Brampton GolfTournament Novartis Pharmaceutical Schering Canada Inc. Kidney Foundation of Canada Tyszka Family Wyeth Averst Organ Donor It Transplant Recipient sponsors known at this time Reply to: 103 -348 Muskoka Road 3N Huntsville, Ontario PI H 1 H8 March 13, 2006 His Worship Mayor Ted Salci Mayor's Office The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 Dear Mayor Salci, This year, Organ and Tissue Donor Awareness Week will take place from April 23 -30, 2006. Each year, thousands of Ontarians get a second chance to live life to its fullest thanks to the kindness of people who have donated organs and tissue. Organ and tissue donation can save lives, restore health, and give hope for new beginnings. Over 4000 Canadians are presently on the organ transplant waiting list. The need for organs is far greater than the available supply, and many Canadians die each year waiting for a transplant. The dire need for transplants requires the urgent cooperation of all mayors across Ontario to proclaim this week as Organ and Tissue Donor Awareness Week to help alleviate the critical situation and the sufferings of those who are waiting for transplants. A private member's bill was introduced in this respect at the Ontario Legislature and is awaiting the first reading. At the same time, that Member of the Provincial Parliament, at a press conference, strongly stated that "heaven does not need these organs: we need them here and now on earth to help those in need of organs." I am approaching you to help us promote organ and tissue donor awareness week, April 23 -30, 2006, by passing a Proclamation in Council and giving it the proper publicity. Please accept my hearty thanks for your prompt action and cooperation in this instance as Mayor of the great City of Niagara Falls. Respectfully yours, Henry Charles Cowen (Hon.) Regional Vice Director CTA, Ontario Region 1 Emerald Lane, Suite 503 Thornhill, ON, L4J 8N2 905- 762 -1444 "Sign your Donor Card" V ON N j lv i�C QQ' °k (,PE SOVp) February 23, 2006 COMMUNITY H[AL1H SERVICES Visiting Nursing Palliative Care aI „c Dear Mayor Salci: itc,neal Dialysis Therapy Continence Management Services Wound Care Enterostomal ther Mental Health Private Nursing Home Support Services Foot Care Occupational Health Services Living With Parkinson's Victorian Order of Nurses Mayor Ted Salci City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Infirmieres de 1'Ordre de Victoria Thank you for helping us celebrate National VON Week from May 13 20, 2006. For more than 87 years, VON Niagara has played an integral role in our community. We have worked to ensure that the residents of Niagara continue to live long and healthier lives. We are proud we have made this contribution we have made in our community. VON is a Canadian treasure committed to providing quality, personal health care to those in the community who cannot care for themselves. I would like to confirm the flagraising ceremony at City Hall to be held on May15, 2006 at 2:30 pm. If you have any questions, please contact either myself or Cindy at 905 -641 -1077. Enclosed is a copy of the Proclamation issued by Council last year, and I would ask that a Proclamation could be sent to us for VON Week 2006. Thank you for your ongoing support of VON Niagara. Sincerely, Wellness Clinics Robert Tanouye, President Board of Directors Flu Clinics Health Insurance RT:mlb Assessment 24 -Hour Nursing Personal Support Service NIAGARA BRANCH SUCCURSALE DE NIAGARA 3300 Merrittville Hwy., Unit /bureau 3 Thorold, Ontario L2V 4Y6 Telephone/Telephone 905- 641 -1077 Fax /?elecopieur 905 -641 -5530 VON Canada 1L(fe Sd mvi e Mayor Ted Salci Ch lOTTEAMAU u? N City Hall 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalis.on.ca (905) 356 -7521 Ext. 4201 Fax: (905) 374 -3557 tsalci@city.n iagarafalls.on.ca LjELQ4A* the Victorian Order of Nurses of Canada is a national, charitable, community -based health care organization; and lilt EAR VON nurses, health workers, and community volunteers have been caring for the lives and well -based of residents of Niagara Falls since 1919; and }i 1E REAa VON's more than 50 different home nursing, health promotion and support services make an invaluable contribution to the health care system in the City of Niagara Falls and throughout Canada; and li 11 EitlEAgb the period of May 16"' to 22n 2005 has been set aside as National "VON Week ilr, N (il $falai I, Alderman Vince Kerrio, Acting Mayor of the City ofNiagara Falls, do hereby proclaim May 16 -22, 2005 as "VON WEEK" in the City of Niagara Falls. U% Alderman duce lkerrio, Arcing Mager Members of Council Mall 15 2005 March 16, 2006 His Honour, Mr. Ted Salci The Mayor Niagara Falls City Hall Dear Mayor Salci: On behalf of the Ontario Dental Association and the Niagara Peninsula Dental Association, I am submitting this request to the City of Niagara Falls to proclaim along with the Premier Dalton McGinty, April as "Oral Health Month." Our intention with this proclamation is to raise awareness about the overall health benefits of good oral health. During this period we will focus on all ages especially our seniors to educate the public on how to maintain their oral health. The Ontario Dental Association promotes the highest possible professional standards and quality of care, and provides public education about the importance of oral and overall health. This year, our program on Oral Health Awareness Program for seniors and their families will highlight what seniors need to know about maintaining their oral health, its relevance to their overall health, and the clinical procedures that become more common as people age. In addition, there are two key elements to Brush -a -mania a School Event: the Brush Off event, conducted by an ODA member dentist in selected school auditoriums, and the month -long program supervised by teachers. This program highlights a positive motivational fun event to promote proper bushing technique and timely habits. We will also use media and advertising opportunities as well as educational materials to spread this important message. Thank you for your time and consideration of this request. We look forward to hearing from you soon. If you should have any questions or need further information, please feel free to contact the ODA and speak with Kenneth Swartz in the Communications department at 416- 922 -3900, ext. 2251, or myself at home 357 -2182 or work 357 -4995. Sincerely, Dr. Frank Bojcic President Niagara Peninsula Dental Association The Niagara Peninsula Dental Association will have a booth at Niagara Square on April 1st for the public, and I will be hosting "the BrushOff" at our local schools on March 31 and on April 5 I would appreciate your guest appearance and photo opportunity. Please contact me regarding details. Niagara Cara Falls Niagara Falls Cana Corporate Services Department L- 2006 -08 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 Members: April 3, 2006 Re: L- 2006 -08 The City of Niagara Falls ats Niagara Parks Commission An Application pursuant to the Assessment Act Our File No. 2005 -255 RECOMMENDATION: For the information of Council. BACKGROUND: Karen I. Kelly City Solicitor Since 1940, the City of Niagara Falls "City has received payments from the Niagara Parks Commission "NPC for City services such as fire protection, road maintenance and street lighting. In 1976, the City and the NPC agreed to rescind earlier agreements in favour of a negotiated grant -in -lieu of property taxes on NPC properties used for the purpose of, or in connection with, any business. Since that time, the City has received the grant -in -lieu from the NPC based on assessments provided by property assessors. On September 19, 2003, the NPC wrote Staff to give notice of termination of the agreement. On September 10, 2004, a similar letter was received stating that the NPC wished to change the grant -in- lieu payment. The appropriate City Staff has discussed this matter on several occasions with the NPC, without resolution. On December 9, 2005 the NPC filed a court application before the Ontario Superior Court of Justice in Welland, seeking a declaration and order that all of the NPC lands located in the City be exempt from property taxation and from payment -in -lieu taxation "PIL except for a nominal PIL owing on account of land used for parks. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 2 L- 2006 -08 Under the nominal PIL proposed by the NPC, the City would receive approximately $4,900 for 2005. Under the terms of the agreement in place from 1976 to 2003, the City would have received approximately $927, 000 from the NPC in 2005. Subsequent to the receipt of the NPC application and Council's direction to respond, legal counsel on behalf of the City has responded to the NPC application and has filed an application on behalf of the City asserting that the City is entitled to a PIL for all of the NPC lands. Cross examinations of deponents of affidavits in support of both of these applications is currently scheduled to occur on April 4, 2006 in St. Catharines with both court applications scheduled for a hearing on May 24, 2006 in Welland. Recommended by: aren I. Kelly City Solicitor Approved by: 9 171 r Aar T. Ravenda Executive Director of Corporate Services KIK/sm Respectfully submitted: eL W John MacDonald Chief Administrative Officer The City of Niagara Fall Canada Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Re: F- 2006 -20 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling $20,336,011.11 for the period February 23, 2006 to March 21, 2006. 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: At Corporate Services Department F- 2006 -20 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 April 3, 2006 Respectfully submitted: 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 1238956 ONTARIO INC T/A EDWARD P LUSTIG CONSULTING 1251589 ONTARIO LIMITED 1340384 ONTARIO LIMITED 1609652 ONTARIO LIMITED 2 GUY'S GLASS INC 2006 SOUTH WESTERN ONTARIO VEHICLE RESCUE CHALLENGE 2017913 ONTARIO LIMITED 407 ETR EXPRESS TOLL ROUTE 464586 ONTARIO LTD O/A LITE BROS LTD 705336 ONTARIO LIMITED 912701 ONTARIO LTD 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP A L G SAFETY A L G SAFETY AATEL COMMUNICATIONS INC ACA ENGINEERING SERVICES ACKLANDS GRAINGER INC ACTION CORPORATION ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AGNOLETTO,LOUIE AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALDOR BUILDERS LTD ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALL STAR FIRE PROTECTION SERVICES INC ALLIED MEDICAL INSTRUMENTS ANGER,RONALD ANSLOW,RICHARD ANTONIO,CHUCK ANTONIO,CHUCK ANTONIO,JULIE -ANN& ANTONIO, DAVID ARAMARK REFRESHMENT SERVICES ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND LTD ASNER,JOSEPH ESTATE OF ASSOCIATED ENGINEERING (ONT) LTD B W NOMINEECO INC BAKER SCHNEIDER RUGGIERO IN TRUST BANK OF MONTREAL BANK OF MONTREAL BARCLAY TODD'S BARCLAY TODD'S BATEMAN,DOLORES BEAMAN,KEN BEAULIEU,JULIETTE BEAVER VALLEY REALTY LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY PAGING BELL MOBILITY PAGING BELLEFONTAINE,MARGARET BENITO'S SANDWICHES BENNETT,CATHARINE BERLINGERI,BOB BETTY'S RESTAURANT BIRD,LUCETTE BIRDSEY,KIRK BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BISHOP,TOM BISOGNO,JOHN& BISOGNO, CARMELA BLP BRONZE INTERN LTD Cheque No. Cheque Date Purpose 300106 14- Mar -2006 300107 14- Mar -2006 299777 28- Feb -2006 300108 14- Mar -2006 300109 14- Mar -2006 299933 07- Mar -2006 299778 28- Feb -2006 299779 28- Feb -2006 300110 14- Mar -2006 300111 14- Mar -2006 299780 28- Feb -2006 299781 28-Feb -2006 299938 07- Mar -2006 300117 14-Mar -2006 299782 28-Feb -2006 299783 28- Feb -2006 299784 28- Feb -2006 300112 14- Mar -2006 299785 28- Feb -2006 299934 07- Mar -2006 300113 14- Mar -2006 299786 28- Feb -2006 300114 14- Mar -2006 300284 21- Mar -2006 299935 07- Mar -2006 299787 28- Feb -2006 299936 07- Mar -2006 300115 14- Mar -2006 300285 21- Mar -2006 299937 07- Mar -2006 300116 14- Mar -2006 299788 28- Feb -2006 299789 28- Feb -2006 300118 14- Mar -2006 299939 07- Mar -2006 299940 07- Mar -2006 299790 28- Feb -2006 300286 21- Mar -2006 300119 14-Mar -2006 299791 28- Feb -2006 300120 14-Mar -2006 300121 14-Mar -2006 300287 21- Mar -2006 300288 21- Mar -2006 300140 14- Mar -2006 299793 28- Feb -2006 299794 28- Feb -2006 299941 07- Mar -2006 299942 07- Mar -2006 300122 14- Mar -2006 299943 07- Mar -2006 300123 14- Mar -2006 299944 07- Mar -2006 300125 14- Mar -2006 299795 28- Feb -2006 300126 14- Mar -2006 300127 14- Mar -2006 300128 14- Mar -2006 299946 07- Mar -2006 300129 14- Mar -2006 299945 07- Mar -2006 300291 21- Mar -2006 299947 07- Mar -2006 300292 21- Mar -2006 299948 07- Mar -2006 299949 07- Mar -2006 299950 07- Mar -2006 299796 28- Feb -2006 300130 14-Mar -2006 299797 28- Feb -2006 300131 14- Mar -2006 300293 21- Mar -2006 CONTRACT SERVICES REFUND REFUND REFUND MATERIALS REMITTANCE REFUND REMITTANCE MATERIALS REFUND CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS CONSULTING SERVICES MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS ADMINISTRATIVE CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MATERIALS MATERIALS MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE REFUND SUPPLIES SUPPLIES MATERIALS REFUND CONSULTING SERVICES REFUND REFUND REFUND REFUND SUPPLIES SUPPLIES MATERIALS ADMINISTRATIVE MATERIALS REMITTANCE UTILITIES UTILITIES UTILITIES UTILITIES REMITTANCE UTILITIES MATERIALS MATERIALS MATERIALS REMITTANCE MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS REMITTANCE REFUND MATERIALS Page 1 of 8 Amount 15,941.19 530.67 750.00 642.76 476.97 450.00 750.00 83.09 15.53 1,227.18 2,645.00 134.84 418.60 8,894.10 273.75 802.50 3,447.15 53.40 96.30 224.70 32.10 106.75 26.75 38.07 15.00 3,188.66 5,430.51 617.58 127.44 105,158.73 133.75 4998.61 241.50 390.77 15.00 5.00 18.14 11.82 1,140.13 60.59 69.00 667.26 750.00 5,128.51 3,501.61 695.16 200.55 305.35 178.66 210.96 99.00 217.75 15.00 10,000.00 63.89 57.50 75.25 15,394.10 85.15 41.30 39.00 250.00 15.00 45.00 300.00 15.00 5.00 52.78 34.78 1,000.00 2,538.48 355.20 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BOB ROBINSON SON BOBOROS,TERRY BODKIN LEASING BOONE,GORDON BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS BOUCHARD,JAMES BOYS GIRLS CLUB OF NIAGARA BOYS GIRLS CLUB OF NIAGARA BRETHERICK,JAMES BRIANT,ROBERT BRINKS CANADA LTD BRINKS CANADA LTD BRITISH AUTO SUPPLY BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROWNS SEPTIC SERVICE LTD BUNTIN REID BUNTIN REID BUNTIN REID BURKE,ALICE BURKE,PATRICK BURSE,PAMELA BUSINESS EDUCATION COUNCIL OF NIAGARA BUTLER,DAVID C N WATSON AND ASSOCIATES LTD CAMILUCCI,JUDITH& CAMILUCCI, GORDON CAN AM INSTRUMENTS LTD CANADA POST CORPORATION CANADIAN CORP YOUTH DART LEAGUE CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN NATIONAL RAILWAY CANADIAN PACIFIC RAILWAY CO CANADIAN TIRE CORP LTD CANADIAN TIRE CORP LTD CANNON,MARIE CARGILL SALT CARGILL SALT CARRICK,MARZENNA CARSWELL CARSWELL CARSWELL CARSWELL CARTER CAR TRUCK RENTALS CASUCCI,DINO CERIDIAN CANADA LTD CHAMBERS WATER HAULAGE INC CHARETTE,RHEAL CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,G CHIARELLA DOMENIC M& CHIARELLA, SARAH C CHIECA,LUCIANO CHIECA,LUCIANO CHIEF BUILDING OFFICIALS NIAGARA CIBC ELECTRONIC BANKING OPERATIONS CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CITY OF NIAGARA FALLS CLASSIC DISPLAYS CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINS SAFETY O/A 3077225 CANADA INC COMIN,ALBINA COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES Cheque No. Cheque Date Purpose 300132 14- Mar -2006 LEASES AND RENTS 299951 07- Mar -2006 MATERIALS 299952 07- Mar -2006 LEASES AND RENTS 300295 21- Mar -2006 REFUND 299798 28- Feb -2006 CONSULTING SERVICES 300134 14- Mar -2006 CONSULTING SERVICES 300296 21- Mar -2006 CONSULTING SERVICES 299953 07- Mar -2006 MATERIALS 299799 28- Feb -2006 GRANT 300297 21- Mar -2006 GRANT 299954 07- Mar -2006 MATERIALS 299955 07- Mar -2006 MATERIALS 299800 28- Feb -2006 CONTRACT SERVICES 300298 21- Mar -2006 CONTRACT SERVICES 300135 14- Mar -2006 MATERIALS 299956 07- Mar -2006 MATERIALS 300136 14- Mar -2006 MATERIALS 300138 14- Mar -2006 CONTRACT SERVICES 299801 28- Feb -2006 SUPPLIES 300139 14- Mar -2006 SUPPLIES 300299 21- Mar -2006 SUPPLIES 299957 07- Mar -2006 MATERIALS 299802 28- Feb -2006 MATERIALS 299958 07- Mar -2006 MATERIALS 299803 28- Feb -2006 MATERIALS 299959 07- Mar -2006 MATERIALS 299812 28- Feb -2006 CONSULTING SERVICES 300141 14-Mar -2006 REFUND 299804 28- Feb -2006 MATERIALS 300300 21- Mar -2006 MATERIALS 299805 28- Feb -2006 REMITTANCE 299806 28- Feb -2006 MAINTENANCE AND REPAIRS 299960 07- Mar -2006 MAINTENANCE AND REPAIRS 300143 14- Mar -2006 MAINTENANCE AND REPAIRS 300105 09- Mar -2006 REMITTANCE 300144 14- Mar -2006 CONTRACT SERVICES 299807 28- Feb -2006 REFUND 300145 14- Mar -2006 REFUND 299961 07- Mar -2006 MATERIALS 299962 07- Mar -2006 MATERIALS 300146 14- Mar -2006 MATERIALS 300147 14- Mar -2006 ADMINISTRATIVE 299808 28- Feb -2006 MATERIALS 299963 07- Mar -2006 SUPPLIES 300148 14- Mar -2006 MATERIALS 300301 21- Mar -2006 MATERIALS 300302 21- Mar -2006 LEASES AND RENTS 300303 21- Mar -2006 REMITTANCE 300149 14-Mar -2006 CONTRACT SERVICES 300304 21- Mar -2006 MATERIALS 299964 07- Mar -2006 MATERIALS 299809 28- Feb -2006 MATERIALS 300150 14- Mar -2006 MATERIALS 300305 21- Mar -2006 MATERIALS 300151 14- Mar -2006 REFUND 299810 28- Feb -2006 ADMINISTRATIVE 300152 14- Mar -2006 ADMINISTRATIVE 299811 28- Feb -2006 ADMINISTRATIVE 300306 21- Mar -2006 REFUND 300307 21- Mar -2006 LEASES AND RENTS 300153 14- Mar -2006 LEASES AND RENTS 300154 14- Mar -2006 ADMINISTRATIVE 300155 14- Mar -2006 MATERIALS 300156 14- Mar -2006 MATERIALS 300157 14- Mar -2006 MATERIALS 300308 21- Mar -2006 EQUIPMENT 300158 14- Mar -2006 UTILITIES 300309 21- Mar -2006 UTILITIES 299813 28- Feb -2006 MATERIALS 300159 14- Mar -2006 MAINTENANCE AND REPAIRS 299814 28- Feb -2006 CONTRACT SERVICES 299965 07- Mar -2006 CONTRACT SERVICES 300160 14- Mar -2006 CONTRACT SERVICES Page 2 of 8 Amount 642.00 15.00 445.33 114.97 16,812.85 24,708.05 20,523.11 15.00 35,000.00 17,500.00 15.00 15.00 825.49 816.40 743.73 125.70 133.86 839.20 1,553.01 478.22 836.66 15.00 136.40 15.00 175.00 15.00 550.52 1,595.34 4,311.45 11,394.22 399.00 1,680.97 318.33 208.65 1,979.50 910.33 750.00 65.00 15.00 61,237.15 5,610.13 135.88 3,103.00 155.63 115.83 756.07 746.35 45.00 2,303.02 40.00 15.00 1,064.91 689.34 96.94 331.20 184.08 208.48 50.00 81.79 341.87 1,017.75 2,408.10 525.86 112,516.06 1,666.58 24,278.30 697.13 240.55 126.50 173.34 19,692.14 17,694.57 1,762.16 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name COMPRINT SYSTEMS INC COSTELLO,BRIAN CRAWFORD ADJUSTERS CANADA INCORP CREDIT UNION OF CENTRAL ONTARIO CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CVIJETICANIN,BORIS CYBER SERVICES CYGNAL TECHNOLOGIES DALKE,DORIS DARBYSON,DOUG DAVID SCHRAM ASSOCIATES DAVID SCHRAM ASSOCIATES DAWDY,LLOYD DEL MANAGEMENT SOLUTIONS DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DELLA MARCA,ENZO DELPHI BANQUET FACILITIES DELTA BINGO INC DETENBECK,TOM DEURLOO,JOAN DIODATI,JIM DOUGLAS,DOREEN DOWNING,LARRY DUFFERIN CONCRETE DUJLOVIC,ED EBERSOLE EXCAVATING INC ECO SOLUTIONS ELLIS ENGINEERING INC EMERALD EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FASTENAL CANADA FELICETTI,CARLO FERRANTE,PRISCILLA FERRUCCIO,LUCIA FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRST NIAGARA INSURANCE FITNESS EQUIPMENT REPAIR FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLOWERS,JOANNE FLYNN CANADA LTD FLYNN CANADA LTD FLYNN CANADA LTD FLYNN CANADA LTD FLYNN CANADA LTD FORCIER,SUE FORCIER,SUE FRANK COWAN COMPANY LIMITED FREEMAN,SHELLEY Cheque No. Cheque Date 300161 14- Mar -2006 300162 14-Mar -2006 299966 07- Mar -2006 299967 07- Mar -2006 299816 28- Feb -2006 299968 07- Mar -2006 300163 14- Mar -2006 300310 21- Mar -2006 300311 21- Mar -2006 299817 28- Feb -2006 299818 28- Feb -2006 299970 07- Mar -2006 299971 07- Mar -2006 300164 14- Mar -2006 300312 21- Mar -2006 299972 07- Mar -2006 300166 14- Mar -2006 299819 28- Feb -2006 299973 07- Mar -2006 300165 14- Mar -2006 300313 21- Mar -2006 300167 14- Mar -2006 300168 14-Mar -2006 300314 21- Mar -2006 299974 07- Mar -2006 300169 14- Mar -2006 299975 07- Mar -2006 299976 07- Mar -2006 299977 07- Mar -2006 299978 07- Mar -2006 300315 21- Mar -2006 300316 21- Mar -2006 299979 07- Mar -2006 299820 28- Feb -2006 300170 14- Mar -2006 300317 21- Mar -2006 299821 28- Feb -2006 299980 07- Mar -2006 300171 14- Mar -2006 300318 21- Mar -2006 299822 28- Feb -2006 299981 07- Mar -2006 300172 14-Mar -2006 299982 07- Mar -2006 300173 14-Mar -2006 300319 21- Mar -2006 299823 28-Feb -2006 299983 07- Mar -2006 299824 28- Feb -2006 299984 07- Mar -2006 300174 14- Mar -2006 300320 21- Mar -2006 299825 28- Feb -2006 300321 21- Mar -2006 299986 07- Mar -2006 299987 07- Mar -2006 300176 14- Mar -2006 299827 28- Feb -2006 299828 28- Feb -2006 299830 28- Feb -2006 299831 28- Feb -2006 299989 07- Mar -2006 300177 14- Mar -2006 299990 07- Mar -2006 299832 28- Feb -2006 299833 28- Feb -2006 299834 28- Feb -2006 299932 02- Mar -2006 300178 14- Mar -2006 299991 07- Mar -2006 300179 14 -Mar -2006 300180 14- Mar -2006 299992 07- Mar -2006 Purpose REMITTANCE ADMINISTRATIVE ADMINISTRATIVE REFUND REMITTANCE REMITTANCE REMITTANCE REMITTANCE REFUND MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES CONSULTING SERVICES MATERIALS REMITTANCE CONSULTING SERVICES MATERIALS MATERIALS REMITTANCE MATERIALS REMITTANCE MATERIALS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MAINTENANCE AND REPAIRS MATERIALS CONSULTING SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS UTILITIES UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS MATERIALS MAINTENANCE AND REPAIRS CONTRACT SERVICES MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS MAINTENANCE AND REPAIRS SUPPLIES SUPPLIES SUPPLIES SUPPLIES MATERIALS REMITTANCE MATERIALS REFUND MAINTENANCE AND REPAIRS MATERIALS ADMINISTRATIVE MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS Page 3 of 8 Amount 2,140.00 338.86 607.60 1,319.28 3,032.46 2,996.45 3,000.23 3,005.59 323.88 219.30 2,996.05 15.00 118.97 2,215.76 3,156.50 15.00 13,062.72 2,557.69 20,918.14 1,825.05 45.00 731.00 2,568.00 40.00 15.00 667.21 15.00 15.00 1,018.44 172.18 2,140.00 5,659.42 2,872.95 374.50 1,872.50 749.00 671.02 48.28 46,281.36 6,594.48 13,562.38 234.91 8,651.86 181.90 267.50 181.90 2,289.77 2,580.43 585.78 345.63 245.73 1,139.91 263.66 45.00 15.00 100.00 253.32 1,068.87 883,095.40 166.75 1,335.77 6.35 2,324.26 5.00 21,656.80 77,211.20 21,055.46 10,700.00 28,248.00 86.51 273.31 10,000.00 15.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FRETZ,LINDA G K SERVICES CANADA INC GALT KNIFE CO LTD GALT KNIFE CO LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GOFORTH,HANYA GRAFTON UTILITY SUPPLY LTD GRAHAM,GARY& LANNI, CARMEN GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREY ISLAND SYSTEMS INC GRIFFITHS,DAVID GRINDALL,A ELIZABETH GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GUILLEVIN INTERNATIONAL INC GUPTA SOUVENIRS LTD HACHEY,DARLENE HAGAN,DAVID HAGEN,MARY HALCO MOBILE MFG SALES SERVICE INC HAMDANI DRYCLEANERS LTD HANA AMERICA CORPORATION HANG UPS HARD ROCK PAVING CO HARRIS,VICTOR HAYWARD,IAN HEART NIAGARA INC HECO HELIAS ENTERPRISES LTD HILL BOLES LTD HILL BOLES LTD HILL BOLES LTD HODGSON,BEVERLY HOLMAN,GEOFF HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMAN RESOURCES DEVELOPMENT CANADA HUMMELL,HAROLD HUSKINS,SANDY IAN SPRINGATE ARBITRATION LTD IMAGISTICS CANADA INC IMAGISTICS CANADA INC INTERNATIONAL BINDING LAMINATING SYSTEMS INC J &B J J MACKAY CANADA LTD JACKSON,DAVE JACKSON,GILBERT JESSOP,JIM JINGYU LI FAYEZ ELAYAN JOHNSTON,BARBARA JORDAIR COMPRESSORS INC JUDSON,PATRICIA KARGO PROPERTIES INC KELLY,KAREN KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KEN WARDEN CONSTRUCTION LTD KERRY T HOWE ENGINEERING LTD KINWOOD AUDIO VISUAL KONE INC KRONSTEIN,MARK KUCHYT,TOM Cheque No. Cheque Date Purpose 299993 07- Mar -2006 MATERIALS 299836 28- Feb -2006 MATERIALS 299835 28 -Feb -2006 MAINTENANCE AND REPAIRS 299994 07- Mar -2006 MAINTENANCE AND REPAIRS 299837 28- Feb -2006 MATERIALS 299995 07- Mar -2006 MATERIALS 300181 14-Mar -2006 MATERIALS 300323 21- Mar -2006 MATERIALS 299996 07- Mar -2006 MATERIALS 299838 28- Feb -2006 MATERIALS 300182 14- Mar -2006 REFUND 299839 28- Feb -2006 MATERIALS 299998 07- Mar -2006 MATERIALS 300183 14- Mar -2006 MATERIALS 300324 21- Mar -2006 MATERIALS 299840 28- Feb -2006 MATERIALS 299999 07- Mar -2006 MATERIALS 300000 07- Mar -2006 REFUND 299841 28- Feb -2006 MATERIALS 300001 07- Mar -2006 CONTRACT SERVICES 300325 21- Mar -2006 CONTRACT SERVICES 300002 07- Mar -2006 MATERIALS 300003 07- Mar -2006 MATERIALS 299842 28- Feb -2006 REFUND 300004 07- Mar -2006 MATERIALS 300005 07- Mar -2006 MATERIALS 300006 07- Mar -2006 MATERIALS 300326 21- Mar -2006 LEASES AND RENTS 299843 28- Feb -2006 MATERIALS 300185 14-Mar -2006 REFUND 300186 14- Mar -2006 MATERIALS 300187 14- Mar -2006 CONTRACT SERVICES 300007 07- Mar -2006 REFUND 299844 28-Feb -2006 REFUND 300188 14-Mar -2006 LEASES AND RENTS 300189 14- Mar -2006 MAINTENANCE AND REPAIRS 300190 14- Mar -2006 REFUND 299845 28- Feb -2006 MATERIALS 300008 07- Mar -2006 MATERIALS 300191 14- Mar -2006 MATERIALS 300009 07- Mar -2006 REFUND 300010 07- Mar -2006 ADMINISTRATIVE 299846 28- Feb -2006 REMITTANCE 300011 07- Mar -2006 REMITTANCE 300192 14- Mar -2006 REMITTANCE 300327 21- Mar -2006 REMITTANCE 300012 07- Mar -2006 ADMINISTRATIVE 299847 28- Feb -2006 REFUND 300013 07- Mar -2006 CONTRACT SERVICES 299848 28-Feb -2006 LEASES AND RENTS 300329 21- Mar -2006 MATERIALS 300015 07- Mar -2006 MATERIALS 299849 28- Feb -2006 MATERIALS 300018 07- Mar -2006 MATERIALS 300195 14-Mar -2006 ADMINISTRATIVE 300016 07- Mar -2006 MATERIALS 300017 07- Mar -2006 MATERIALS 299850 28- Feb -2006 REFUND 299851 28- Feb -2006 REFUND 300330 21- Mar -2006 MATERIALS 300019 07- Mar -2006 MATERIALS 300196 14- Mar -2006 REFUND 300020 07- Mar -2006 ADMINISTRATIVE 299852 28- Feb -2006 CONTRACT SERVICES 299931 28- Feb -2006 CONTRACT SERVICES 300021 07- Mar -2006 CONTRACT SERVICES 300197 14- Mar -2006 CONTRACT SERVICES 300331 21- Mar -2006 CONTRACT SERVICES 300332 21- Mar -2006 CONSULTING SERVICES 299853 28- Feb -2006 MATERIALS 300333 21- Mar -2006 REMITTANCE 300022 07- Mar -2006 ADMINISTRATIVE 300023 07- Mar -2006 ADMINISTRATIVE Page 4 of 8 Amount 15.00 103.19 290.95 1,067.20 869.65 55.74 3,428.01 4,330.42 458.00 1,612.53 532.80 175.94 299.76 968.62 325.79 3,405.05 15.00 100.00 15,047.08 12,359.78 23,659.34 3,406.19 503.70 750.00 15.00 15.00 15.00 575.00 36.20 340.59 1,027.96 220,864.38 100.00 137.81 3,210.00 1,446.43 800.60 43.88 49.06 1,459.42 1,204.81 202.14 45.57 45.57 45.57 45.57 219.86 25.00 1,492.21 4,403.44 8.56 1,177.54 80.25 151.69 198.76 15.00 110.00 750.00 750.00 39,907.22 15.00 506.16 329.16 1,072.78 2,150.70 9,612.68 8,496.02 701.92 755.58 535.67 2,934.57 39.00 162.47 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name KUIPERS,JANET KWAK,EUNSOO& KOO, JASOO LAFARGE CANADA INC LINDSAY PRESS LOWE,JON LUNDALE,ARNI M J DUMONT ENTERPRISES LTD MAIURI,TODD MARINELAND OF CANADA MARTENS,TOM MATRIX INNOVATIONS INC MATTHEWS CAMERON HEYWOOD MATTHEWS CAMERON HEYWOOD MATTHEWS CAMERON HEYWOOD MAVES,DIANE MCBRIDE,DALE MCCONNELL,LUCILLE MCDONALD,ROB MCEACHERN,DANIEL& MCEACHERN, CYNTHIA MCKINNON,NANCY MCNAMARA,SUSAN MEDCON MECHANICAL LTD MEDCON MECHANICAL LTD MEOA MERIDIAN CREDIT UNION METRO DEVELOPMENT MICRON INSTALLATIONS LIMITED MICRON INSTALLATIONS LIMITED MIGNELLI,CARMEN MINERVINI,DOMENIC 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 MINISTRY OF ATTORNEY GENERAL MOBILE BUSINESS COMMUNICATIONS LTD MODERN LANDFILL INC MODERN LANDFILL INC MONTAGUE,ROSE MOROCCO,JOYCE MOROCCO,RICK MORRISSEY,DENYSE MORSE,JOHN MOSS,HIRRELL MUCICKO,TOM MUNICIPAL HEALTH SAFETY ASSOCIATION MURAWSKI,CHESTER MURRELL,DAN MY COUNTRY DELICATESSEN NEDCO NEXTERRA SUBSTRUCTURES INCORPORATED NIAGARA COLLEGE OF APPLIED ARTS AND TECHNOLOGY NIAGARA CONSTRUCTION ASSOCIATION NIAGARA DOOR HARDWARE 1434220 ONTARIO LIMITED NIAGARA FALLS ILLUMINATION BOARD NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS BIG BROTHERS BIG SISTERS ASSOCIATION NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO KERRY T HOWE SURVEYING KERRY T HOWE SURVEYING KERRY T HOWE SURVEYING Cheque No. Cheque Date 300199 14- Mar -2006 300200 14- Mar -2006 300024 07- Mar -2006 300202 14- Mar -2006 300026 07- Mar -2006 300334 21- Mar -2006 300210 14- Mar -2006 300335 21- Mar -2006 300203 14- Mar -2006 300027 07- Mar -2006 300336 21- Mar -2006 300028 07- Mar -2006 300204 14- Mar -2006 300337 21- Mar -2006 300029 07- Mar -2006 300030 07- Mar -2006 300031 07- Mar -2006 300032 07- Mar -2006 299857 28- Feb -2006 300033 07- Mar -2006 300034 07- Mar -2006 299859 28- Feb -2006 300035 07- Mar -2006 299860 28- Feb -2006 300338 21- Mar -2006 300205 14- Mar -2006 300036 07- Mar -2006 300206 14- Mar -2006 300207 14- Mar -2006 300037 07- Mar -2006 299776 24- Feb -2006 299862 28- Feb -2006 299863 28- Feb -2006 300209 14- Mar -2006 300340 21- Mar -2006 300341 21- Mar -2006 299861 28- Feb -2006 300038 07- Mar -2006 300208 14- Mar -2006 300339 21- Mar -2006 299864 28- Feb -2006 299865 28- Feb -2006 300211 14-Mar -2006 300039 07- Mar -2006 300342 21- Mar -2006 300343 21- Mar -2006 300040 07- Mar -2006 300344 21- Mar -2006 300041 07- Mar -2006 299866 28- Feb -2006 300212 14- Mar -2006 300042 07- Mar -2006 300043 07- Mar -2006 300213 14-Mar -2006 300214 14-Mar -2006 299867 28-Feb -2006 299868 28- Feb -2006 300216 14- Mar -2006 300217 14- Mar -2006 300346 21- Mar -2006 299871 28- Feb -2006 299872 28- Feb -2006 300051 07- Mar -2006 300223 14-Mar -2006 300348 21- Mar -2006 300218 14-Mar -2006 300046 07- Mar -2006 300219 14-Mar -2006 299869 28- Feb -2006 299870 28- Feb -2006 300047 07- Mar -2006 300048 07- Mar -2006 300220 14- Mar -2006 Purpose ADMINISTRATIVE REFUND MATERIALS MATERIALS REFUND ADMINISTRATIVE UTILITIES REMITTANCE REFUND ADMINISTRATIVE CONSULTING SERVICES CONSULTING SERVICES CONSULTING SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND REFUND ADMINISTRATIVE CONTRACT SERVICES MATERIALS REMITTANCE REFUND ADMINISTRATIVE MATERIALS MATERIALS REFUND ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS CONTRACT SERVICES CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND REMITTANCE ADMINISTRATIVE REFUND MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES MATERIALS MATERIALS GRANT REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS ADMINISTRATIVE REMITTANCE REMITTANCE UTILITIES REMITTANCE UTILITIES REMITTANCE Page 5 of 8 Amount 104.87 556.74 17,276.70 46.00 900.00 45.00 655.50 20.00 3,976.57 15.00 9,866.63 3,477.05 9,129.29 15 708 22 93.00 15.00 99.00 194.54 750.00 1,280.00 105.00 624.88 4,515.40 315.00 2,053.84 7,025.00 294.25 262.15 103.45 232.94 1,729.82 3,220.80 42,828.98 245.00 3,668.58 60.00 1,473.02 1,473.02 1,473.02 1,473.02 14,409.50 1,156.77 1,478.94 15.00 28.00 45.00 78.87 45.00 15.00 149.49 802.50 15.00 270.00 72.79 2,328.76 56,300.58 8,538.60 25.00 931.72 34,550.00 2,204.16 4,338.57 2,204.16 2,204.16 2,204.16 375.00 428.00 580.00 4,798.12 23,239.64 5,789.28 3,128.04 10,654.17 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLSVIEW CASINO RESORT INTERNATIONA NIAGARA INFO -TRAIN SYSTEMS LTD NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA SOUND SYSTEMS NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA TRANSIT NIAGARA WATER PROPERTIES NIAGARA.COM NIELSEN'S MAINTENANCE (1999) LTD NORJOHN LTD NRPA BENEFIT CONCERT OACETT OACETT OMERS OMERS OMNI MEDIA PRODUCTIONS LIMITED ONTARIO ASSOCIATION OF EMERGENCY MANAGERS ONTARIO CHARITABLE GAMING ASSOCIATION ONTARIO CLEAN ALL ONTARIO PUBLIC WORKS ASSOCIATION APWA OPTIMIST CLUB OUR LADY OF SCAPULAR PAGENET OF CANADA INC PARKSMART PASCENTE,GIOVANNI PASCO,JOHN PEC ROOF MAINTENANCE PECK,FRED PENINSULA ABSTRACT INC C PENINSULA MAINTENANCE LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PEPIN,GHISLAINE GAGNON PERKINS,LORIE PHILIPS ENGINEERING PHILLIPS,GERALD PINERIDGE TREE SERVICE LTD PIPEFLO CONTRACTING CORPORATION POLEGATO,GARY POPKO,SUSAN POPPA CORN CORP POPPA CORN CORP POTTS,JESSICA PRATA,GUY PRATA,GUY PRAXAIR PRAXAIR PRINZEN,RITA& PRINZEN, JOHN PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PURE WATER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R E P CO. R V ANDERSON ASSOCIATES LIMITED RAMPADO,RICK RANDY HILES CNE RANDY LEVINSON ARBITRATION SERVICES LTD RASHID,NOORBANU RAVEN,BONNIE RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL OF CANADA Cheque No. Cheque Date 300221 14- Mar -2006 300345 21- Mar -2006 L MARATF 300222 14- Mar -2006 300349 21- Mar -2006 299873 28- Feb -2006 300052 07- Mar -2006 299874 28- Feb -2006 299875 28- Feb -2006 300224 14- Mar -2006 300053 07- Mar -2006 300054 07- Mar -2006 300225 14- Mar -2006 300215 14-Mar -2006 300226 14- Mar -2006 300104 07- Mar -2006 300227 14-Mar -2006 299876 28- Feb -2006 300055 07- Mar -2006 299877 28- Feb -2006 299878 28- Feb -2006 300056 07- Mar -2006 299879 28- Feb -2006 300228 14- Mar -2006 299880 28- Feb -2006 300230 14-Mar -2006 300231 14- Mar -2006 299881 28- Feb -2006 299882 28- Feb -2006 300057 07- Mar -2006 300232 14- Mar -2006 300351 21- Mar -2006 300233 14- Mar -2006 300352 21- Mar -2006 300236 14- Mar -2006 300235 14- Mar -2006 299883 28- Feb -2006 300058 07- Mar -2006 300234 14- Mar -2006 300237 14- Mar -2006 300059 07- Mar -2006 299884 28- Feb -2006 300060 07- Mar -2006 300353 21- Mar -2006 300238 14- Mar -2006 300354 21- Mar -2006 300061 07- Mar -2006 300062 07- Mar -2006 300239 14-Mar -2006 300063 07- Mar -2006 299885 28- Feb -2006 300355 21- Mar -2006 299886 28- Feb -2006 300240 14- Mar -2006 299887 28-Feb -2006 300241 14- Mar -2006 300356 21- Mar -2006 299888 28-Feb -2006 300064 07- Mar -2006 300242 14- Mar -2006 299893 28- Feb -2006 300253 14- Mar -2006 300357 21- Mar -2006 300244 14- Mar -2006 300243 14-Mar -2006 300065 07- Mar -2006 300066 07- Mar -2006 300245 14- Mar -2006 300246 14- Mar -2006 299889 28- Feb -2006 300067 07- Mar -2006 300247 14-Mar -2006 300358 21- Mar -2006 299890 28- Feb -2006 Purpose UTILITIES UTILITIES ADMINISTRATIVE MATERIALS ADMINISTRATIVE CONTRACT SERVICES MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE REFUND CONTRACT SERVICES EQUIPMENT CONTRACT SERVICES ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE MATERIALS REMITTANCE REMITTANCE CONTRACT SERVICES REMITTANCE MATERIALS REFUND CONTRACT SERVICES CONTRACT SERVICES REFUND REFUND MAINTENANCE AND REPAIRS REFUND MATERIALS MATERIALS CONTRACT SERVICES MATERIALS CONTRACT SERVICES REFUND ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE CONTRACT SERVICES CONTRACT SERVICES REFUND ADMINISTRATIVE MATERIALS MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE MATERIALS MATERIALS REFUND CONTRACT SERVICES MATERIALS REMITTANCE REMITTANCE REMITTANCE MAINTENANCE AND REPAIRS CONSULTING SERVICES ADMINISTRATIVE MATERIALS ADMINISTRATIVE REFUND ADMINISTRATIVE REMITTANCE ADMINISTRATIVE REMITTANCE REMITTANCE REMITTANCE REMITTANCE REMITTANCE Page 6 of 8 Amount 4,093.36 248.07 30,000.00 1,597.30 620.00 155.25 5,448.01 1,285.28 1,247.08 385,746.94 250,000.00 593.42 215.03 35,478.78 68,158.60 160.50 154.08 154.08 317,982.26 18,578.14 402.50 75.00 200.00 160.50 149.80 1,058.00 750.00 360.73 1,401.56 150.00 150.00 1,620.83 150.00 48.95 2,610.80 186.18 7.50 217.00 1,592.28 15.00 5,255.97 15.00 7,544.30 17,407.67 19.17 15.00 433.08 302.31 230.46 17.72 11.82 294.07 113.09 404.28 303,185.69 13.50 81.46 101.94 73.59 169.05 2,754.97 45.00 260.00 1,479.13 100.00 15.00 2,447.47 4,162.30 192,339.59 190,973.14 187,100.59 195,212.20 5,601.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name REDEVELOPMENT CONCEPTS INTERNATIONAL RIDDELL,PAMELA ROADSIDE RENTALS INC ROADSIDE RENTALS INC ROBBINS,JANE ROGERS WIRELESS INC SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFETY KLEEN CANADA INC SAFETY TODAY SAFETY TODAY SAFETY TODAY SAXON CHEMICALS LTD SAXON CHEMICALS LTD SCARINGI,VITO SCARINGI,VITO SCHMIDT,DARREN SCOTIABANK SCOTIABANK SCOTT,JOANNE SEALER WORKS SEICK,WILLIAM SERVICE EXPERTS OF NIAGARA SEYMOUR,COLIN SHABRI PROPERTIES LTD SHRED IT KITCHENER SMITH,RON SNYDER,BILL SOCAN ST JOHN AMBULANCE ST LOUIS,MARIO STAMFORD KIWANIS MUSIC DANCE FESTIVAL STEENBURG,GERALD STREAMLINE STREAMLINE SUN LIFE OF CANADA SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPREMEX INC SUPREMEX INC TAMM COMMUNICATIONS INC TARCZY,TARA TASSONE,FRANK TAYLOR,ALEX TAYLOR,BARBARA TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TESKEY,BERNADETTE THE BEER STORE THE CORPORATION OF THE TOWN OF FORT ERIE THE COUNTRY BASKET THE DENNIS GROUP THE GREENFIELD GROUP LTD THE GREENFIELD GROUP LTD 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 REGIONAL MUNCIPALITY NIAGARA EMERGENCY MEDICAL S 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 UNIFORM GROUP INC TIMSANS,HELENE TOLMEX HOMES TOROMONT Cheque No. Cheque Date 300068 07- Mar -2006 300361 21- Mar -2006 299894 28- Feb -2006 300250 14- Mar -2006 300070 07- Mar -2006 300251 14- Mar -2006 300254 14- Mar -2006 299895 28- Feb -2006 300072 07- Mar -2006 299896 28- Feb -2006 300073 07- Mar -2006 300255 14- Mar -2006 299897 28- Feb -2006 300256 14- Mar -2006 299898 28- Feb -2006 300362 21 -Mar -2006 300363 21- Mar -2006 299899 28- Feb -2006 300364 21- Mar -2006 300074 07- Mar -2006 300257 14- Mar -2006 300075 07- Mar -2006 299900 28- Feb -2006 300077 07- Mar -2006 299902 28- Feb -2006 299903 28- Feb -2006 300365 21- Mar -2006 300078 07- Mar -2006 299904 28- Feb -2006 300283 15-Mar -2006 300080 07- Mar -2006 299905 28- Feb -2006 299906 28- Feb -2006 299907 28- Feb -2006 300081 07- Mar -2006 299908 28-Feb -2006 300367 21- Mar -2006 300258 14- Mar -2006 300082 07- Mar -2006 299910 28- Feb -2006 300083 07- Mar -2006 299911 28- Feb -2006 300260 14-Mar -2006 300368 21- Mar -2006 300084 07- Mar -2006 300085 07- Mar -2006 300261 14- Mar -2006 300086 07- Mar -2006 300087 07- Mar -2006 299912 28- Feb -2006 300262 14-Mar -2006 299913 28- Feb -2006 300263 14- Mar -2006 299914 28- Feb -2006 300088 07- Mar -2006 299915 28- Feb -2006 300089 07- Mar -2006 300264 14-Mar -2006 299916 28- Feb -2006 300265 14-Mar -2006 300369 21- Mar -2006 299892 28- Feb -2006 299891 28- Feb -2006 300069 07- Mar -2006 300248 14-Mar -2006 300249 14-Mar -2006 300359 21- Mar -2006 300360 21- Mar -2006 300266 14- Mar -2006 299917 28- Feb -2006 300091 07- Mar -2006 299918 28-Feb -2006 299919 28- Feb -2006 Purpose CONSULTING SERVICES REFUND LEASES AND RENTS MATERIALS ADMINISTRATIVE UTILITIES CONTRACT SERVICES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS REMITTANCE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE CONTRACT SERVICES ADMINISTRATIVE CONTRACT SERVICES REFUND REFUND CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE REMITTANCE GRANT ADMINISTRATIVE ADMINISTRATIVE REFUND MATERIALS MATERIALS REMITTANCE REMITTANCE REMITTANCE MATERIALS MATERIALS MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE ADMINISTRATIVE ADMINISTRATIVE UTILITIES CONTRACT SERVICES ADMINISTRATIVE REFUND MATERIALS MATERIALS MATERIALS CONTRACT SERVICES CONTRACT SERVICES SUPPLIES MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS MATERIALS CONTRACT SERVICES MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS ADMINISTRATIVE MATERIALS REFUND REFUND MATERIALS Page 7 of 8 Amount 7,450.15 151.18 879.09 869.75 15.00 1,829.57 1,203.75 150.52 2,709.61 328.03 317.26 132.76 729.50 44.18 165.00 120.27 45.00 138,989.94 1,594.66 15.00 1,241.96 15.00 281.77 129.35 1,559.60 69.55 45.00 5.00 223.64 7,200.00 15.00 100.00 750.00 63.25 149.50 248,908.98 515.07 1,078.89 412.62 835.48 1,213.25 760.88 123.05 88.62 15.00 15.00 1,727.54 6,958.89 15.00 750.00 400.00 541.08 1,752.92 5,804.75 3,910.85 498.61 375.86 617.86 144.90 103.50 386.40 939.90 1,644.63 1,224.51 13,610,020.00 1,489.70 1,311,972.39 6,559.08 4,846.67 613.98 100.00 1,000.00 8,806.07 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TORONTO DOMINION BANK TOTAL FARM SERVICE TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TROW ASSOCIATES INC TSH ENGINEERS PLANNERS TYERS,SUSAN TYNDALL,MARION UPPER CANADA CONSULTANTS URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VANCE,ARLO JILL VANCOR SUPPLY VANCOR SUPPLY VERROCHE,KEVIN VISCA,TONY WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER BROTHERS QUARRIES LTD WALKER BROTHERS QUARRIES LTD WALKER GROUP /CNI INC WALLACE,JOHN WATKINSON,LAURIE WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESTBURNE/RUDDY WESTBURNE/RUDDY WHEELER SUE WHELAN,FAITH WIEBE ENGINEERING GROUP INC WILKINSON,SCOTT WINGER,TERRI WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB YELLOW PAGES GROUP Cheque No. Cheque Date Purpose 299920 28-Feb -2006 REFUND 299921 28- Feb -2006 MATERIALS 300267 14- Mar -2006 CONTRACT SERVICES 300268 14- Mar -2006 CONTRACT SERVICES 300370 21- Mar -2006 CONTRACT SERVICES 300092 07- Mar -2006 CONTRACT SERVICES 300093 07- Mar -2006 CONSULTING SERVICES 300094 07- Mar -2006 ADMINISTRATIVE 300095 07- Mar -2006 ADMINISTRATIVE 300269 14- Mar -2006 CONTRACT SERVICES 299922 28- Feb -2006 CONSULTING SERVICES 300270 14- Mar -2006 CONSULTING SERVICES 300274 14-Mar -2006 CONTRACT SERVICES 299923 28- Feb -2006 REFUND 299924 28- Feb -2006 MATERIALS 300272 14-Mar -2006 MATERIALS 300096 07- Mar -2006 ADMINISTRATIVE 300371 21- Mar -2006 ADMINISTRATIVE 299926 28- Feb -2006 CONTRACT SERVICES 300098 07- Mar -2006 CONTRACT SERVICES 300276 14- Mar -2006 CONTRACT SERVICES 300373 21- Mar -2006 CONTRACT SERVICES 299925 28- Feb -2006 MATERIALS 300097 07- Mar -2006 MATERIALS 300275 14- Mar -2006 CONTRACT SERVICES 300374 21- Mar -2006 ADMINISTRATIVE 299927 28- Feb -2006 REFUND 300099 07- Mar -2006 CONTRACT SERVICES 300375 21- Mar -2006 MATERIALS 300100 07- Mar -2006 MATERIALS 300278 14- Mar -2006 MATERIALS 299928 28-Feb -2006 ADMINISTRATIVE 300279 14- Mar -2006 REFUND 300101 07- Mar -2006 CONTRACT SERVICES 300376 21- Mar -2006 REFUND 299929 28- Feb -2006 ADMINISTRATIVE 300102 07- Mar -2006 MATERIALS 300377 21- Mar -2006 MATERIALS 299930 28- Feb -2006 REMITTANCE 300281 14-Mar -2006 REMITTANCE 300282 14- Mar -2006 MATERIALS Page 8 of 8 Amount 1,487.82 1,442.10 8,308.61 12,724.95 19,496.57 2,741.88 1,559.54 17.50 15.00 5,874.40 10,004.50 8,185.50 3,749.92 33.91 1,618.97 400.47 15.00 45.00 316.98 168.20 222.39 47.08 6,710.90 3,599.91 6,676.95 45.00 223.50 772.21 2,030.80 851.00 2,806.46 77.23 48.15 2,653.13 40.00 65.00 29,620.54 7,234.40 545.11 9,014.26 27.23 Total 20,336,011.11 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L-2006-07 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca April 3, 2006 Re: L- 2006 -07 Discharge of Ontario Housing Renewal Program Loan of January 20, 1978 Estate of Mary Black Detenbeck 13089 Niagara River Parkway Our File No.: 2006 -113 Karen I. Kelly City Solicitor That Council authorize the execution of an 'Application To Delete Housing Development Lien' and any additional documents that may be necessary to discharge the O.H.R.P. Loan dated January 20, 1978. In 1978 the City provided an Ontario Housing Renewal Program Loan (O.H.R.P) to Mary Black Detenbeck "Detenbeck under the Housing Development Act forpropertyknown as 13089 Niagara River Parkway "subject lands in the amount of $6,976.00 with interest at the rate of 2% per annum. The loan was satisfied on October 17, 1980 and was discharged on October 22, 1980. When the discharge of Loan was registered on title, the legal description prepared by the City inadvertently referred to an incorrect Reference Plan number. In order to remediate that error, the solicitor for the Estate of Detenbeck is requesting that the City discharge the Loan in its entirety using the correct Reference Plan number. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 3, 2006 2 L- 2006 -07 Since the error in the description was the City's, Staff has no objection to discharging the Loan and is recommending that all fees associated with that discharge be waived. Recommended by: aren I. y City Solicitor Approved by: ibr T. Raven Executive Director of Corporate Services KK/lb Respectfully submitted: tin ohn MacDonald hief Administrative Officer Niagara Cara Falls Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -31 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 April 3, 2006 Re: MW- 2006 -31 Proposed Engineering Agreement Niagara Catholic District School Board (NCDSB) Churchill Street Father Hennepin Elementary School 1) That staff be authorized to prepare and enter into an Engineering Agreement with Totten Sims Hubicki Associates for the detailed design of the new Cul -de -Sac and Parking Lot with a cost upset limit of $13,150.00. 2) That staff be authorized to manage the construction project. 3) That funding for the City's portion of the works be approved in the amount of $75,000. On December 5, 2005, Council approved a request to enter into a Development Agreement with the NCDSB, pertaining to the construction of a proper Cul -de -Sac at the east limit of Churchill Street. Following the approval of that report City staff has had some discussions with the NCDSB and have come to the conclusion that it would be in the best interest of all parties involved if the City were to manage the project. This would allow City staff to ensure that the proper Quality Control and Quality Assurance measures are taken within the City's roadway limits. Totten Sims Hubicki have been employed by the NCDSB to prepare preliminary designs on the parking lot and the new cul -de -sac to provide to the City to show the proposed future configuration. Due to Totten Sims Hubicki's familiarity with the project City staff have asked that a price be Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services submitted to complete the design of the new works along with quantity estimates and related services. The price has been submitted and is shown in recommendation #1. Provisions have been made to ensure that all costs of the project can be broken down into two categories, #1 works on City owned property, #2 works on the NCDSB property. In keeping the cost separated City staff will be able to easily track the cost of the project and provide funding for the portion of the project that is associated with the road improvements to Churchill Street. Should the recommendation above be accepted City staff would proceed with the tendering process and anticipate construction ofthe subject works through the summer months with completion ofthe project occurring prior to the new school year to ensure safety to all residents, teachers and students. Your favorable consideration of this request is appreciated. Prepared by: Frank Tassone Project Manager Approved by: Ed Dujlovic Director of Municipal Works espectfully submitted: john MacDonald Chief Administrative Officer MW- 2006 -31 The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -32 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 April 3, 2006 Re: MW- 2006 -32 Consulting Engineering Services for Weightman Bridge Rehabilitation In accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Ellis Engineering Inc. for the Consulting Engineering Services for Weightman Bridge Rehabilitation for the upset limit of $59,800.00, excluding GST. In 2005, a deck condition survey and pre design analysis was completed on Weightman bridge. The general bridge condition is poor. A copy of the report "Weightman Bridge Deck Condition Survey and Pre Design Analysis Update Report condition, MW- 2006 -13" is attached outlining the bridge condition. This report recommended that staff be authorized to proceed with the retention of a Consultant to complete the engineering design for the rehabilitation of the Weightman Bridge. As per the City's Consultant Selection Policy, direct appointment for Consultants up to $60,000.00, Ellis Engineering Inc. has been selected to complete this work. Ellis Engineering Inc. has completed the previous analysis on this bridge and has carried out similar work for the City of Niagara Falls in the past. Staff is therefore recommending that they be retained for this work. Council's concurrence with the above recommendations would be appreciated. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Prepared by: Bob Darrall Project Manager Approved by: Ed Dujlovic Director of Municipal Works 2 Respectfully submitted: John MacDonald Chief Administrative Officer S:V2EPORTS\2006 Reports \MW -2006- Consulting Engineering Services for Weightman Bridge Rehabilitation .wpd MW- 2006 -32 The City of Niagara Falls Canada d I Members: Alderman Selina Volpatti, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario RECOMMENDATION: It is recommended that this report be received for information and that staff be authorized to proceed with the retention of a Consultant to complete the engineering design for the rehabilitation of the Weightman Bridge. BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON 12E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E mail: edujlovi@city.niagarafalls.on.ca February 6, 2006 The recommendation(s) contained In this report were adopted by City Council Re: MW- 2006 -13 Weightman Bridge Deck Condition Survey and Pre Design Analysis Update Report In the 2004 Municipal Bridge/Culvert Appraisal Study, Weightman Bridge, Portage Road at the Welland River, was found to be in poor condition. The road surface, the expansion joints and sections of the railings, concrete deck and sidewalks are in poor condition. Also, the steel girders have areas of medium to severe corrosion. June 2005, Ellis Engineering Inc. was retained to complete a deck condition survey and pre design analysis on Weightman Bridge. From the field and deck condition survey conducted by Ellis Engineering Inc., it was determined that the reinforced concrete bridge deck and hollow core slabs are generally in poor condition, with severe wide cracking and areas of severe deterioration throughout the hollow core slabs. The structural steel girders are generally in good condition with isolated areas of severe corrosion. The expansion joints are in poor condition with active leakage and damage along the roadway. The existing bridge was structurally evaluated. The results indicate that a load limit will need to be placed on the bridge, if the bridge is not rehabilitated. Working Municipal Works Fire Service Parks, R r Culture Business Development Building By -Law Services M•2006.13 Ed Dujlovic Director February 6, 2006 MW- 2006 -13 Three rehabilitation strategies were investigated: 1. Bridge Deck Replacement 2. Patch, Overlay, Waterproof and Pave 3. Patch, Waterproof and Pave Based on the Toad capacity evaluation, rehabilitation analysis and life cycle analysis Ellis Engineering Inc. recommended strategy is the "Bridge Deck Replacement" at an estimated cost of $2,400,000. To avoid having a load restriction placed on the bridge and to complete the bridge rehabilitation in 2007, it is recommended that a Consultant be retained to complete the engineering design in 2006. Sufficient funding for the engineering design in 2006 and the rehabilitation of Weightman Bridge in 2007 is allocated in the 2006 -2010 Capital budget. Council's concurrence with the recommendation made would be appreciated. Prepared by: r a Bob Darrall Project Manager Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Respectfully submitted: iNkt- f John MacDonald Chief Administrative Officer S: \REPORTS\2006 Reports \MW -2006 -13 Weightman Bridge Deck Condition Survey and Pre- Design Analysis Update Report.wpd The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: It is recommended that: 1. the City of Niagara Falls enter into a Consulting Services Agreement with Matrix Innovations Inc. for 85,895.00 excluding GST for the Class Environmental Assessment for Drummond Road from McLeod Road to Lundys Lane; and, 2. the City of Niagara Falls invoice the Region of Niagara at the conclusion of the study for the amount of 24,915.00 excluding GST. 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: edujlovic @niagarafalls.ca April 3, 2006 Re: MW- 2006 -33 Drummond Road Environmental Assessment Region of Niagara Cost sharing MW- 2006 -33 Ed Dujlovic Director On May 16, 2005, Council approved the appointment of Matrix Innovations to carry out the Class Environmental Assessment for Drummond Road from McLeod Road to Lundys Lane (MW- 2005 -62). The project cost was $60,980.00 excluding G.S.T. and funds were allocated in the 2005 Capital Budget. The Region of Niagara has since requested the City to expand the study boundaries to include an assessment of Regional Road 51, Lundys Lane from Main Street to Highland Avenue. As the operation of Lundys Lane may have an impact on the operation of Drummond Road, in particular the intersection of Drummond Road and Lundys Lane, it is prudent to incorporate the Regions request. The additional cost for the Class Environmental Assessment of the expanded study boundary will be borne by the Region. However, the Region has requested that the City of Niagara Falls invoices the Region for the additional expense upon project completion. Thus, the amended cost for the project is 85,895.00 (excluding taxes) which includes the Region's share of 24,915.00. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 3, 2006 Councils' concurrence with the recommendation outlined in this report would be appreciated. Prepared by: /coo— 12 Karl Dren, C.E.T. aT hn MacDonald Manager of Traffic Parking Services Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works M.Canick 2 Respectfully submitted: S: \TES\TPS 1.00 Administration \TPS 1.06 Reports\2006 CounciMpril 3\MW- 2006 -33 Drummond Road EA.wpd hief Administrative Officer MW-2006-33 Niagara City a of s Niagara Falls Canada1 Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -34 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 April 3, 2006 Re: MW- 2006 -34 Contract 2006 161 -06: 2006 New Sidewalk Construction It is recommended that the contractor Sacco Construction be retained to perform the works of the 2006 New Sidewalk Construction Contract for the amount shown below and that council authorizes the Mayor and City Clerk to sign an agreement with Sacco Construction. The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfrda, opened tenders on Tuesday, March 21, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by Six (6) Contractors and five (5) bids were received, of which one (1) was incomplete. Listed below is a summary of the totaled tendered prices, excluding GST, received from the four (4) Contractors, together with the corrected bids 1. Sacco Construction 126,797.00 2. Alfidome Construction 136,761.50 3. Nu Road Construction 136,886.17 4. Steed and Evans 165,332.55 136,882.69 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 3, 2006 The lowest tender was received from Sacco Construction in the amount of Contractor has previously performed similar types of projects for the City. the opinion, that this Contractor is capable of successfully undertaking this Financing: The Engineer's estimate for this contract was 148,000.00. Project Costs: This project is scheduled to commence on May 1, 2006, and will be completed by August 31, 2006. Councils' concurrence with the recommendation made would be appreciated. Prepared by: Funding: Frank Tassone Project Manager Approved by: Awarded Contract Rail crossing materials CN Inspection Track Installation 2006 Capital Budget New Sidewalk Construction Account No. 12 -3- 310006- 030000 Ed Dujlovic, P.Eng. Director of Municipal Works TOTAL TOTAL 126,355.00 6,300.00 15,000.00 147,655.00 147,655.00 147,655.00 submitted by: Respectfully ohm MacDonald Chief Administrative Officer S:\REPORTS\2006 ReportsVvMW- 2006 -34 New Sidewalk Construction Tender Award.wpd MW- 2006 -34 126,797.00. This We are therefore, of project. The City of Niagara Fall Canadj His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -35 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 April 3, 2006 Re: MW- 2006 -35 Encroachment Agreement Between The City And CN Rail That City Staff be authorized to enter into an Encroachment (construction) Agreement with the Canadian National Railway (CN) to work within the property limits of CN for the purpose of constructing and maintaining a new sidewalk. The 2006 New Sidewalk Construction Contract has made provisions for the construction of a new sidewalk on the south side of Thorold Stone Road between Portage Road and Stanley Avenue. The subject sidewalk has been designed with new features such as pedestrian barricades that will slow down pedestrian traffic prior to crossing the tracks and rubber track crossings to ensure safe passage at the railway crossing. The subject safety features require that work be performed within close proximity of the railway tracks and require normal routine maintenance. The Canadian National Railway has requested that the City, Region and CN enter into a tri party agreement to ensure that proper procedures are taken during construction and proper maintenance is employed after construction. City staff expect to receive the said agreement within the last weeks of March. Once the agreement is obtained and prior to signing it will be circulated to the City Solicitor to ensure that the agreement is acceptable to the City. Any clarification put forth by the City Solicitor shall be addressed prior to signing. Your favorable consideration of this request would be greatly appreciated. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services Prepared by: Frank Tassone Project Manager Approved by: Ed Dujlovic Director of Municipal Works S: \REPORTS\2006 Reports'M W- 2006 -35 Agreement between City and CN for New Sidewalk .wpd 2 MW- 2006 -35 Respectfully submitted: ohn MacDonald Chief Administrative Officer Niagara City a of s Niagara Falls( His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW-2006-38 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 April 3, 2006 Re: MW- 2006 -38 Grassy Brook West Sanitary Sewer System Detailed Design Consulting Agreement Amendment That the Consulting Services Agreement with Philip's Engineering Ltd. be amended to include the geotechnical services provided by Terraprobe Limited at an upset limit fee of $17,850.00 (plus GST) as well as a provisional fee of $1,950.00 for geotechnical services that maybe required on an alternative site to be funded in ful from the Development Charges Reserve Fund. Council has recently authorized staff to enter into a Consulting Services Agreement with Philip's Engineering Ltd. To prepare the detailed engineering design for the Grassy Brook West Sanitary Sewer and Pumping Station Project. As part of the design phase of this project, geotechnical investigations are necessary to determine subsurface conditions that will have a direct impact on proposed services design and ultimate construction. Inclusion of the geotechnical services into the present agreement would result in more efficient manner of contracting these services rather than entering into an additional agreement or the same project. Municipal Works staff has reviewed the proposed cost estimate in comparison to unit prices in City's quotation for geotechnical investigations and found them to be of comparable value. Attached for your information is a copy of the proposal. Council's concurrence with the above recommendation would be appreciated. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 3, 2006 Rick Volpini, Project Manager Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Attach: Respectfully submitted: John MacDonald Chief Administrative Officer MW-2006-38 February 28, 2006 Philips Engineering Ltd. 3215 North Service Road, P.O. Box 220, Burlington, Ontario L7R 3Y2 Attention: Mr. David Sinke, P. Eng. RE: GEOTECHNICAL INVESTIGATION GRASSY BROOK WEST SANITARY SERVICE AREA NIAGARA FALLS, ONTARIO Dear Sir: 1. SCOPE 2: METHODOLOGY 10 Bram Court Brampton, Ontario L6W 3R6 (905) 796 -2650 Fax 796-2250 Terraprobe Consulting Geotechnical Environmental Engineering Construction Materials Engineering, Inspection Testing Terraprobe Limited is pleased to submit the following proposal and cost estimate for carrying out geotechnical investigation as part of the design phase of the above project. The main elements of the project that will be addressed and an outline of the proposed scope of work are summarised in Table I. It should be noted that subsurface investigation at some of the venues under consideration has been carried out recently in conjunction with other initiatives. The program of investigation under consideration includes 18 boreholes and some 190 lineal metres of drilling. A separate cost for three additional boreholes to be drilled at an alternate site for the pumping station has also been provided. The boreholes will be drilled using a truck mounted drill rig and using augering and interval sampling techniques. Standard penetration testing and sampling will be carried out at regular intervals of depth in the boreholes and in -situ shear vane strength testing will be carried out in the softer cohesive soils that are expected to be encountered at depth. A piezometer well be installed in the deep borehole that is scheduled for the pumping station site. 220 Bayvlew Drive, Una 25 Barrie, Ontario L4N 773 (705) 739 -8355 Fax 739-8369 Terraprobe Limited 1012 Kelly Lake Road, Unit 1 Sudbury, Ontario P3E 5P4 (705) 670-0460 Fax 670-0558 www.terraprobe.ca Our ref: P05 -0183 Stoney Creek Office 903 Barton Street, Unit 22 Stoney Creek, Ontario L8E 5P5 (905) 643 -7560 Fax 643 -7559 Philips Engineering Ltd. February 28, 2006 Re: Grassy Brook West P05 -0183 The drilling will be carried out by a specialist (licenced) drilling contractor. The boreholes will be logged by a member of our engineering staff who will also locate the boreholes, arrange for underground service clearances, obtain any required permits, and care for the recovered samples. The results of the investigation will be detailed in a report that will include plans showing the borehole locations, records of boreholes, and the results of the laboratory testing. The laboratory testing will include soil quality analyses that will be used to identify soil management issues in the context of disposal. Our interpretation of the results of the field and laboratory testing will be included in the report along with a discussion of the geotechnical engineering aspects to be considered in the design of the work. It has been assumed that the survey control for the project will be provided by Philips. 3. COST ESTIMATE We estimate that the cost to complete mobilization to be 17,850.00 plus G.S cost of including the alternate pumping 4. SCHEDULE We are prepared to commence work on this assignment immediately upon receiving authorization to proceed. Pending weather conditions, and with the cooperation of the utility agencies, the work will require about six to eight weeks to complete. We hope the foregoing proposal meets with your approval and we look forward to being of service to you on this project. If you have any questions, please do not hesitate to contact our Stoney Creek office. Thank you for considering Terraprobe for this assignment. Terraprobe PO5-0183.wpd the work plan outlined above, inclusive of all disbursements and .T. The attached Table II provides a breakdown of these costs. The station site in the program would be $1,950.00 plus G•S•T• 2 Venue Approximate Length (Km) Number of Boreholes Total Depth (m) Pumping Station n/a 3 1 x 13 2x5 Grassy Brook Road 1.5 6completed 65 Montrose Road Grassy Br. Rd. To Lyons Crk. Rd. 1.3 6 78 Montrose Road (forcemain) Grassy Br. Rd. to Browns Rd. 1.8 3 recently completed 5 additional 35 50 Montrose Road Browns Rd. To Canadian Dr. 0.6 2 12 Lyon's Creek Road 0.4 2 23 Total for present study 18 189 Provisional Alternative Pumping Station Site n/a 3 1 x 13 2 x 5 Philips Engineering Ltd. Re: Grassy Brook West Table to be read with accompanying proposal. Terraprobv P05-01133.wpd TABLE 1 Summary of Work Plan Geotechnical investigation Grassy Brook West Niagara Falls, Ontario February 28, 2006 P05 -0183 3 Philips Engineering Ltd. February 28, 2006 Re: Grassy Brook West P05 -0183 TABLE II Summary of Cost Estimate Geotechnical Investigation Grassy Brook West Niagara Falls, Ontario 1. DRILLING: Specialist Contractor 9,130.00 2. RECONNAISSANCE: 3,420.00 (including service clearances, borehole logging, Survey, travel, traffic control) 3. LABORATORY TESTING: Geotechnical Laboratory 900.00 Soil Quality analysis 2,000.00 4. REPORT PREPARATION: 2,400.00 (including drafting, analyses, report writing, printing) TOTAL 17,850.00 G.S.T 1,250.00 Grand Total 19,100.00 PROVISIONAL Alternative Pumping Station Site Including 3 boreholes (1 to 13m, 2 to 5m), drilling, reconnaissance lab Results to be reported with above program. 1,950.00 Table to be read with accompanying letter. Terraprobe P05- 0183,wpd 4 Niagara Cara Falls Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -41 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 April 3, 2006 Re: MW- 2006 -41 Quotation Q03 -2006: 2006/2007 Geotechnical Contract It is recommended that the consultant (Shaheen Peaker Limited) be retained to perform the works of the 2006/2007 Geotechnical Contract and that council authorizes the issuance of a purchase requisition to the low bidder (Shaheen Peaker Limited) for the amount listed below. On Tuesday, March 14, 2006 quotations were received for the supply of services associated with the 2006/2007 Geotechnical Contract. Request for Quotation were sent to nine (9) consultants and eight (8) quotations were received. Listed below is a summary of the totaled Quotations, excluding GST, received from the eight (8) Consultants: 1. Shaheen Peaker 74,175.00 2. Trow Consulting 83,605.00 3. Terraprobe 101,645.00 4. Soil -Mat Engineers 114,990.00 5. Peto MacCallum Limited 116,587.00 6. AMEC Limited 121,915.00 7. Landtek Limited 149,425.00 8. Jaques Whitford Limited 181,310.00 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 3, 2006 2 MW- 2006 -41 The lowest Quotation was received from (Shaheen Peaker Limited). This Consultant has previously performed similar types of projects for the City. We are therefore, of the opinion, that this Consultant is capable of successfully undertaking this project. Financing: Financing for the subject works will be provided from individual contracts on an as need basis throughout the 2006 and 2007 years. The subject work is scheduled to commence upon approval and will continue on an as needed basis throughout the 2006/2007 calendar years. Councils' concurrence with the recommendation made would be appreciated. Prepared by: Frank Tassone Project Manager Approved by: r Ed Dujlovic, P.Eng. Director of Municipal Works S:UtEPORTS\2006 Reports\MW- 2006 -41 2006 2007 Geotechnical Contract.wpd Respectfully submitted by: ohn MacDonald hiefAdministrative Officer The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department R- 2006.12 Parks, Recreation Culture Denyse Morrissey 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: dmorrissey @niagarafalls.ca April 3 2006 Re: R- 2006 -12 Expansion of Drummond Hill Cemetery That Council approve the expansion of the Drummond Hill Cemetery to include a portion of the Lundy's Lane Battlefield Park for the exclusive i nterment of Miss Ruth Redmond's cremated remains. As Council is aware, the late Miss Ruth Redmond bequeathed to the City several parcels of land in the vicinity of Summer Street, Drummond Road, Lundy's Lane and Hanan Avenue. As per Miss Redmond's wishes, the property is being developed into a p ark with a historical theme. The "Lundy's Lane Battlefield Park" is under development with an anticipated Phase III completion this fall. Miss Redmond's wishes also included that her cremated remains be placed in this historical park, specifically in the area known as Shangra La. The Cemeteries Act (Revised 1990) states that the interment of human remains must take place in a cemetery. In keeping with Provincial Legislation, staff is recommending that the Drummond Hill Cemetery be expanded to include a portion of the Lundy's Lane Battlefield Park to allow for Miss Redmond's wishes to be carried out. This extension of Drummond Hill Cemetery measures three metres square (approximately 10' x 10 and will be for the exclusive interment of Miss Redmond's cremated remains. With Council's approval, a Consent Application will be forwarded to the Registrar along with a site Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 3, 2006 plan indicating the proposed expansion. The site plan is attached for Council's information. A Public Notice will appear in the local newspaper advising that any person with an interest in the cemetery expansion may refer the decision to the Ontario Municipal Board for a hearing. Prepared by: Respectfully Submitted: Cynthia Roberts Manager of Cemeteries Operations Planning Chief Administrative Officer Recommended by: /din, i r uvn Denyse Morrissey Director of Parks, Re reation Culture CR/das Attachment 2 John MacDonald S: \Council \Council 2006 \R 2006 -12 Expansion of Drummond Hill Cemetery.wpd R- 2006 -12 --T r F 1 1 1 1 1 1 1 fI I I 1 1 I I I 1 I 1 11 1 T I t r Lundy's Lane Battlefield Park Proposed Drummond Hill Expansion for the exclusive interment of Miss Ruth Redmond in the area known as "Shangrila" 10' by 10' SKETCH SHOWING TOPOGRAPHICAL INFORMATION PART OF LOT 88 AND PART OF BLOCK A PLAN 330, PART OF LOTS 7 AND 8. AND PART OF THE UNNUMBERED BLOCK LYING SOUTH OF NORTH STREET AT THE NORTH -WEST CORNER OF STAMFORD TOWNSHIP LOT 130 PLAN 653 THE CITY OF NIAGARA FALLS REGIONAL MUNICIPAUTY OF NIAGARA SCALE 1 500 METRIC NOTE DISTANCES CONVERTED S M W1 TO FEET BY DIVISOR BY 0 bM BE COPYRIGHT 2005 1 mow. OP UST CP TR 'Imam woa 01 INT TRW owns amid rums. or itms. NOTE 'THIS IS NOF AN ORIGINAL COPY UNLESS EMBOSSED W/!N SEAL.' CAUTION NE INS rS NOT PLAN Of PIMA NO TRW FOR mwSVCrov OR MOP RACE PUR�z.05 BENCHMARK Riad RR. RE an %caw wa l me cr lomat use. mm al n Gomm R�NnaaL* n LEGEND FOR PRP CORM. PT Was STORPR BATE REV15TO P. D. REITSMA LTD. 105(01 00 ""''O 735-7041 ]0- 1 I I Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Members of Council From: Dean Iorfida City Clerk Ext. 4271 Subject: Transit Ridership Growth Plan and Asset Management Plan Working Together to Serve Our Community The City of Niagara Falls' Canad� Date: April 3, 2006 In your package is a hard copy of the Niagara Transit Transit Ridership Growth Plan and Asset Management Plan. That document is related to the attached resolution. To: The Mayor and Members of Council From: T. Di Giacomo, Chairman Re: Dedicated Gasoline Tax Funds TDL /jrb Niagara itt Transit 4320 Bridge St., Niagara Falls, Ontario, L2E 2R7 Office 905 356 -1179 Garage 905 358 -9749 Fax 905 356 -7746 Email tlibrockGthniagaratransit.com Website www.niagaratransit.com April 2, 2006 On October 22, 2004, the Provincial Government announced their desire to increase public transportation ridership and support the development of strong communities by creating the 'Dedicated Gas Tax Funds for Public Transportation' by providing sustainable funding to support investment in the renewal and expansion of public transportation systems. The government will transfer funds to the municipality at the rate of 1 cent per litre of fuel (2004/2005), 1' /z cents (2005/2006), and 2 cents (2006/2007) and continue at this rate. Transit Ridership Growth and Asset Management Plans for conventional and specialized transit are a requirement. The attached plans have been approved by the Commission and require Resolution of Council. Dobt) Tony Di Giacomo Chairman The City of Niagara Falls, Ontario Council Chambers No. Moved by Alderman Seconded by Alderman WHEREAS the Provincial Government has recognized the importance of public transit and created the "Dedicated Gasoline Tax Funds for Public Transportation Program and WHEREAS the program provides sustainable funding to support investments and expansion of public transportation systems; and WHEREAS the municipality stands to receive $824,000 in 2006 and $1,094,000 in subsequent years; and WHEREAS accessing the funding is contingent upon the Niagara Transit submitting a Ridership Growth Plan and Asset Management Plan. THEREFORE BE IT RESOLVED that Niagara Falls City Council endorses the Niagara Transit Transit Ridership Growth Plan and Asset Management Plan to be submitted to the Provincial Government. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -Law No. 2006- A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. WHEREAS the Director of Public Works has petitioned the Council of the City of Niagara Falls, in the Regional Municipality of Niagara in accordance with the provisions of the Drainage Act requesting that the Union Marsh Drain be improved to ensure proper drainage for all roads with the watershed. AND WHEREAS the Council of the City of Niagara Falls, in the Regional Municipality of Niagara, has procured a Report made by K.Smart Associates Limited dated January 30, 2006 and the report is attached hereto and forms part of this By -law; AND WHEREAS the estimated total cost of constructing the drainage works is $264,400.00; AND WHEREAS $48,311.00 is the amount to be contributed by the municipality for construction of the drainage works. AND WHEREAS $13,196.00 is being assessed in the City of Niagara Falls to the Regional Municipality of Niagara. AND WHEREAS Council is of the opinion that the drainage of the area is desirable THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS UNDER THE DRAINAGE ACT ENACTS AS FOLLOWS: 1. The report dated January 30, 2006 and attached hereto is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith; 2. (1) The Corporation of the city of Niagara Falls may borrow on the credit of the Corporation, the amount of $264,400.00, being the amount necessary for construction of the drainage works. (2) The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under section 85 of the Act; (b) communted payments made in respect of lands and roads assessed within the municipality; (c) money paid under subsection 61(3) of the Act, and (d) money assessed in and payable by another municipality, and such debentures shall be made payable within ten (10) years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by The Ontario Municipal Improvement Corporation on the date of sale of such debentures. 3. A special equal annual rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in Schedule `A' attached to the aforesaid Report, to be collected the same manner and at the same time as other taxes are collected in each year for ten (10) years after the passing of this by -law. 4. For paying the amount of $48,311.00 being the amount assessed upon the lands and roads belonging to or controlled the municipality, a special rate sufficient to pay the amount assessed, plus interest thereon shall be levied upon the whole rateable property in the City of Niagara Falls in each year for ten (10) years after the passing of this by -law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $50.00 or less are payable in the first year in which the assessment is imposed. 6. This by -law comes into force on the passing thereof and may be cited as the "Union Mash Municipal Drain By -law First Reading: Second Reading: Enacted this April 3, 2006 April 3, 2006 Provisionally adopted this 3` day of April, 2006. Dean Iorfida, CITY CLERK R.T. Salci, MAYOR Third Reading: April 3, 2006 day of 2006 Dean Iorfida, CITY CLERK R.T. Salci, MAYOR Passed this third day of April, 2006. First Reading: Second Reading: Third Reading: April 3, 2006 April 3, 2006 April 3, 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of an Ontario Funding Agreement with Her Majesty The Queen in Right of Ontario respecting funding by the Province for the May 22, 2006, LIVE with Regis and Kelly Production. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Ontario Funding Agreement dated March 15, 2006 and made between Her Majesty The Queen in Right of Ontario as represented by the Minister of Tourism, as Province and The Corporation of the City of Niagara Falls, as Recipient respecting the funding by the Province for the purpose of assisting with the LIVE with Regis and Kelly Production show being produced by Buena Vista Television on May 22, 2006 at the Oakes Garden Outdoor Amphitheatre, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Ontario Funding Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Ontario Funding Agreement. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR THIS AGREEMENT made as of March 15, 2006. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Tourism referred to herein as the "Province" and THE CORPORATION OF THE CITY OF NIAGARA FALLS referred to herein as the "Recipient" WHEREAS the Recipient is carrying -out the Project (as defined in Schedule "A AND WHEREAS the Province desires to fund the Recipient for the purpose of assisting with the Project; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the parties agree as follows: This Agreement, including: Schedule "A" Schedule "B" Schedule "C" Schedule "D" General Terns and Conditions Project Specific Information Project Description and Timelines Budget constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. There are no other agreements, understandings, representations, warranties, collateral agreements or conditions affecting this Agreement except as expressed or anticipated in it. IN WITNESS WHEREOF, the Province and the Recipient have respectively executed and delivered this Agreement as of the date set out above. MAR 16 2006 )12A Al, 2 Date April 3, 2006 Date Date Name: Michael Langford Position: Director, Investment and Development Office Authorized Signing Officer CITY OF NIAGARA FALLS N fl e: John MacDonald ition: CAO, City of Niagara Falls Wastavniruth srttynblrrO4heasoip4sr tc THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Salci, Mayor Dean Iorfida, City Clerk 1.0 Definitions SCHEDULE "A" GENERAL TERMS AND CONDITIONS 1.1 When used in this Agreement, the following terms will have the meanings ascribed to them below: (a) "Additional Requirements" means the requirements, if any, specified in Schedule (b) "Agreement" means this agreement (including the cover and execution pages and all of the schedules) entered into between the Province and the Recipient and any instrument amending this agreement; (c) "Budget" means the Project budget set out in Schedule "D (d) "Expiration Date" means the date on which this Agreement will expire and is the date set out in Schedule "B (e) "Fiscal Year" means: in the case of the first Fiscal Year, the period commencing on the date of this Agreement and ending on first day that is March 31 following the date of this Agreement; and (ii) in the case of Fiscal Years after the first Fiscal Year, the period commencing on the date that is April 1 following the end of the previous Fiscal Year and ending on the following March 31; (f) "Funding" means the funds provided to the Recipient by the Province pursuant to this Agreement and shall be payable in lawful money of Canada; (g) "Maximum Funding" means the maximum amount of the Funding to be provided as set out in Schedule "B (i (h) "Project" means the project described in Schedule "C 2.0 Term of the Agreement 2.1 The term of this Agreement will commence on the date set out on the first date of the Agreement and will expire on the Expiration Date unless terminated earlier pursuant to Article 16.0, 17.0 or 29.0. 3.0 Funding 3.1 The Province will provide Funding up to the Maximum Funding to the Recipient for the purpose of completing the Project. 3.2 The Province will disburse the Funding according to the schedule provided in Schedule "B". 3.3 Despite sections 3.1 and 3.2, the Province: 4.0 Project 4.1 The Recipient will carry out the Project in compliance with the description set out in Schedule "C" and all federal, provincial or municipal laws or regulations, or any orders, rules or by -laws related to any aspect of the Project. 4.2 The Recipient will not make any changes to the Project without the prior written consent of the Province. 4.3 The Recipient will carry out the Project in accordance with the time lines provided in Schedule "C 5.0 Budget 5.1 The Recipient will only use the Funding for the purpose of carrying out the Project and will expend those funds only in accordance with the Budget. 5.2 The Recipient will not make any changes to the Budget (including re- allocating any part of the Funding to a different Fiscal Year) without the prior written consent of the Province. 6.0 Interest (a) may adjust the amount of Funding to be provided to the Recipient in any Fiscal Year based upon the Province's assessment of an unaudited financial statement provided to the Province pursuant to Article 11.0; and (b) will not provide any Funding to the Recipient until the insurance requirements described in Article 14.0 have been met and any Additional Requirements have been met. 6.1 The Recipient will place the Funding in an interest bearing account and will, at the request of the Province, account to the Province on the interest eamed on the Funding. 6.2 All interest earned on the Funding belongs to the Province. The Recipient will use the interest only for the Project or for purposes otherwise authorized in writing by the Province, and will pay the interest to the Province immediately on the request of the Province. 7.0 Tendering for Goods and Services and Disposal of Assets 7.1 The Recipient will acquire all supplies, equipment and services purchased with the Funding through a competitive process that ensures the best value for funds expended. For supplies, equipment and services the purchase price of which exceeds $5,000, the Recipient shall obtain at least three written quotes unless: (a) the expertise the Recipient is purchasing is specialised and is not readily available; or (b) it is unreasonable for the Recipient to obtain three (3) written quotes because the Recipient has already researched the market for another similar purchase and knows the market. 7.2 The Recipient will not without the Province's prior written consent sell, lease or otherwise dispose of any assets purchased with the Funding, the purchase price of which exceeds $1,000. 8.0 Conflict of Interest 8.1 The Recipient will carry out the Project and use the Funding in a manner that no person associated with the Project in any capacity will have a potential or actual conflict of interest. 8.2 For these purposes, a conflict of interest includes a situation in which a person associated with the Project or any member of his or her family is able to benefit financially from his or her involvement in the Project. Nothing in this Article prevents the Recipient from reimbursing its volunteers for their reasonable out of pocket expenses incurred in connection with the Project. 8.3 The Recipient will disclose to the Province without delay any situation that may be reasonably interpreted as either an actual or potential conflict of interest. 9.0 Representations and Warranties 9.1 The Recipient represents and warrants that: (a) it has the power and authority to enter into this Agreement and to carry out the terms of this Agreement, including, but not limited to, the right to carry -out the Project; (b) if applicable, all information provided in the Recipient's application for Funding remains true correct and complete in every respect except as set out to the contrary in this Agreement. Without limitation, the Project and the Budget are as set out in this Agreement and not as set out in the application material; (c) it is qualified to do business wherever necessary to carry out the terms of this Agreement; and (d) it is not a party to any agreement, business or other relationship that may conflict with this Agreement. 10.0 Further Conditions 10.1 The Province may impose such additional terms or conditions on the use of the Funding which it considers appropriate for the proper expenditure and management of the Funding and the carrying out and completion of the Project. 10.2 The Province may impose additional terms and conditions on any consent it provides pursuant to this Agreement. 11.0 Reporting, Accounting and Review 11.1 The Recipient will submit to the Province: (a) progress reports as required by Schedule "B (b) a final report upon completion of the Project; and (c) such other reports as the Province may require from time to time. 11.2 The Recipient will deliver all reports in a form satisfactory to the Province. 11.3 Each report referred to in paragraph 11.1(a) and (b) will include the following items: (a) details of how the Province's support has been acknowledged in accordance with Article 15.0; (b) an unaudited statement which accounts for Project revenue and expenditures; (c) an indication of whether the objectives of the Project are being were met; (d) a description of how the success of the Project is being was measured; (e) a description of the level of community participation and response; and (f) in the case of the final report, an audited financial statement which accounts for Project revenue and expenditures, if audited statements are normally prepared by the Recipient, otherwise, a review engagement report which accounts for Project revenue and expenditures prepared by an accredited accountant external to the Recipient. 11.4 The Recipient: (a) will keep and maintain all financial records, invoices and other financially related documents relating to the Funding or otherwise to the Project in a manner consistent with generally accepted accounting principles and clerical practices; (b) will maintain such records and keep them available for review or investigation by the Province for a period of seven (7) years from the date of the expiry or termination of this Agreement; and (c) will maintain all non financial documents and records relating to the Funding or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all applicable law. 11.5 The Province or its authorized representatives may, upon twenty -four (24) hours' notice to the Recipient and during normal business hours: 11.7 The pur (a) enter upon the Recipient's premises to review the status and manner of operation of the Project; (b) inspect and copy any financial records, invoices and other financially related documents in the possession or under the control of the Recipient which relate to the Funding or otherwise to the Project; (c) inspect and copy non financial records in the possession or under the control of the Recipient which relate to the Funding or otherwise to the Project, except that, where such records relate to a third party served by the Project, the Province will obtain the consent of the third person before inspecting or copying such records; and (d) conduct a full or partial audit or investigation of the Recipient in respect of the Project. 11.6 The Recipient will cooperate with the Province in respect of the exercise of the Province's rights set out in section 11.5, and the Recipient will provide any information in respect of the Funding or the Project that the Province may reasonably request. oses for which the Province ma 111 1 1 1 1 1ID II exercise i s ri.h s under this M c e nclude; IIIIIIIII III I I 4* 1 I (c) determining whether the Recipient completed the Project effectively and in accordance with the terms of this Agreement. 12.0 Limitation of Liability 12.1 The Province, its officers, employees and agents will not be liable to the Recipient or its officers, directors, employees or agents for any general, consequential, incidental, indirect or special damages, injuries, costs, expenses, lost profits or any other losses howsoever caused that arise out of or are in any way related to the Project or this Agreement. 13.0 Indemnity 13.1 The Recipient will indemnify the Province, its officers, employees and agents from and against all damages, injuries, costs, expenses, lost profits, or any other losses howsoever caused that arise out of or are in any way related to a claim or proceeding related to the Project that is brought by any person, unless it was caused by the negligence or wilful act of the Province, 11.4 The Recipient: (a) will keep and maintain all financial records, invoices and other financially related documents relating to the Funding or otherwise to the Project in a manner consistent with generally accepted accounting principles and clerical practices; (b) will maintain such records and keep them available for review or investigation by the Province for a period of seven (7) years from the date of the expiry or termination of this Agreement; and (c) will maintain all non- financial documents and records relating to the Funding or otherwise to the Project, including any records it receives about the people it serves, in a confidential manner consistent with all applicable law. 11.5 The Province or its authorized representatives may, upon twenty -four (24) hours' notice to the Recipient and during normal business hours: (a) enter upon the Recipient's premises to review the status and manner of operation of the Project; (b) inspect and copy any financial records, invoices and other financially related documents in the possession or under the control of the Recipient which relate to the Funding or otherwise to the Project; (c) inspect and copy non financial records in the possession or under the control of the Recipient which relate to the Funding or otherwise to the Project, except that, where such records relate to a third party served by the Project, the Province will obtain the consent of the third person before inspecting or copying such records; and (d) conduct a full or partial audit or investigation of the Recipient in respect of the Project. 11.6 The Recipient will cooperate with the Province in respect of the exercise of the Province's rights set out in section 11.5, and the Recipient will provide any information in respect of the Funding or the Project that the Province may reasonably request. 11.7 The purposes for which the Province may exercise its rights under this Article include: (a) determining for what items and purposes the Recipient expended the Funding; (b) determining whether and to what extent the Recipient expended the Funding with due regard to economy and efficiency; and (a) details of how the Province's support has been acknowledged in accordance with Article 15.0; (b) an unaudited statement which accounts for Project revenue and expenditures; (c) an indication of whether the objectives of the Project are being were met; (d) a description of how the success of the Project is being was measured; (e) a description of the level of community participation and response; and (f) in the case of the final report, an audited financial statement which accounts for Project revenue and expenditures, if audited statements are normally prepared by the Recipient, otherwise, a review engagement report which accounts for Project revenue and expenditures prepared by an accredited accountant external to the Recipient. (c) determining whether the Recipient completed the Project effectively and in accordance with the terms of this Agreement. 12.0 Limitation of Liability 12.1 The Province, its officers, employees and agents will not be liable to the Recipient or its officers, directors, employees or agents for any general, consequential, incidental, indirect or special damages, injuries, costs, expenses, lost profits or any other losses howsoever caused that arise out of or are in any way related to the Project or this Agreement. 13.0 Indemnity 13.1 The Recipient will indemnify the Province, its officers, employees and agents from and against all damages, injuries, costs, expenses, lost profits, or any other losses howsoever caused that arise out of or are in any way related to a claim or proceeding related to the Project that is brought by any person unless it was caused by the negligence or wilful act of the Province. 14.0 Insurance 14.1 The Recipient will at its own expense put in effect and maintain, with insurers having a secure A.M. Best rating of B or greater, or the equivalent, all the necessary insurance that is appropriate for a prudent person carrying out a project similar to the Project, including: (a) Commercial General Liability Insurance, on an occurrence basis for third party bodily injury, personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) products and completed operations aggregate. The policy will include the following clauses: (i) the Province as an additional insured; (ii) Contractual Liability; (iii) Cross Liability; (iv) A valid WSIB Clearance Certificate, or Employers Liability, which ever applies; (v) Tenants Legal Liability; (for premises/building leases only) (vi) Non -Owned automobile coverage with blanket contractual coverage for hired automobiles; and (vii) Thirty (30) day written notice of cancellation, termination or material change. 14.2 Before beginning the Project, the Recipient will provide the Province with a valid Certificate of Insurance that references the Project and confirms the above requirements. The Recipient will provide the Province with a copy of the policy and any renewal replacement certificates as may be necessary. 15.0 Credit 15.1 The Recipient will acknowledge the support of the Province in all reports, materials, advertising and publicity related to the Project in a format approved by the Province. 15.2 The Recipient will acknowledge in any report or materials related to the Project that the views expressed in the report or materials are the views of the Recipient and do not necessarily reflect those of the Province. 16.0 Termination for Convenience 16.1 The Province may terminate this Agreement at any time, for any reason, upon giving at least thirty (30) days notice to the Recipient. 17.0 Termination by the Province 17.1 The Province may terminate this Agreement immediately upon giving notice to the Recipient if: (a) in the opinion of the Province: (i) the Recipient has knowingly provided false or misleading information regarding its funding request or in any other communication with the Province; (ii) the Recipient breaches any provision of this Agreement; (iii) the Recipient is unable to complete the Project or is likely to discontinue it; or (iv) it is not reasonable for any reason for the Recipient to complete the Project; (b) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or (c) the Recipient ceases to carry on business. 17.2 If the Province considers that it is appropriate to allow the Recipient the opportunity to remedy a breach of this Agreement, the Province may give the Recipient an opportunity to remedy the breach by giving the Recipient written notice: (a) of the particulars of the breach; (b) of the period of time within which the Recipient is required to remedy the breach; and (c) that the Province will terminate this Agreement: (i) at the end of the notice period provided for in the notice if the Recipient fails to remedy the breach within the time specified in the notice; or (ii) prior to the end of the notice period provided for in the notice if it becomes apparent to the Province that the Recipient cannot completely remedy the breach within that time or such further period of time as the Province considers reasonable, or the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province. 17.3 If the Province has provided the Recipient with an opportunity to remedy the breach, and (a) the Recipient does not remedy the breach within the time period specified in the notice; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the breach within the time specified in the notice or such further period of time as the Province considers reasonable; or 20.0 Notices (c) the Recipient is not proceeding to remedy the breach in a way that is satisfactory to the Province, the Province may immediately terminate this Agreement by giving notice of termination to the Recipient. 17.4 The effective date of any termination under this Article will be the last day of the notice period, the last day of any subsequent notice period or immediately, which ever applies. 18.0 Funding Upon Termination 18.1 Upon termination of this Agreement pursuant to either Article 16.0 or 29.0, the Province may: (a) cancel all further Funding instalments; and/or (b) demand the repayment of any Funding (including any interest) remaining under the control of the Recipient; and the Province will determine the Recipient's reasonable costs to terminate the Project (if such action is necessary) and allow the Recipient to set off such costs against the amount owing by the Recipient to the Province. In no event will the Province be responsible for any amount by which the costs exceed the amount owing. 18.2 Upon termination of this Agreement pursuant to Article 17.0, the Province may: (a) cancel all further Funding instalments; and/or (b) demand the repayment of the Funding in whole or in part (including any interest), or an amount equal thereto. 19.0 Recipient's Repayment of Funds 19.1 If the Province demands the payment by the Recipient of any Funding or interest on the Funding pursuant to this Agreement, the amount demanded will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province Immediately unless the Province directs otherwise. 19.2 The Province may charge the Recipient interest on any amount owing by the Recipient at the then current interest rate charged by the province of Ontario on accounts receivable. 19.3 The Recipient will pay the amount demanded by cheque payable to Minister of Finance, Ontario. 19.4 The Recipient agrees that any part of the Funding which has not been used or accounted for by the Recipient by the time this Agreement expires or is terminated will belong to the Province and will be used only for the purposes agreed upon by the Province or will be returned to the Province immediately on the written request of the Province. 20.1 Any notice or communication required or permitted to be given under this Agreement will be: (a) in writing; (b) delivered personally or by pre -paid courier, or sent by facsimile, certified or registered mail or postage pre -paid mail with receipt notification requested; and (c) addressed to the other party as provided in Schedule "B" or as either party will later designate to the other in writing. 20.2 All notices will be effective: (a) at the time the delivery is made if the notice is delivered personally, by pre -paid courier or by facsimile; or (b) three (3) days after the day the notice was deposited in the mail if the notice is sent by certified, registered or postage prepaid mail, unless the day the notice is effective falls on a day when the Province is normally closed for business, in which case the notice will not be effective until the next day that is a day when the Province is normally open for business. 21.0 Severability of Provisions 21.1 The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement and any invalid or unenforceable provision will be deemed to be severed. 22.0 Amendment and Waiver 22.1 No amendment of or addition to this Agreement will be valid unless it is in writing and signed by each party. 22.2 A waiver of any failure to comply with any term of this Agreement will be in writing and signed by the party providing the waiver. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. 23.0 Independent Parties 23.1 The parties are and will at all times remain independent of each other and are not and will not represent themselves to be the agent, joint venturer, partner or employee of the other. No representations will be made or acts taken by either party which could establish or imply any apparent relationship of agency, joint venture, partnership or employment and neither party will be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person nor with respect to any other action of the other party. 24.0 Assignment of Agreement or Funding 24.1 The Recipient will not assign this Agreement or the Funding or any part thereof without the prior written consent of the Province, which consent may be unreasonably and arbitrarily withheld. 24.2 This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns. 25.0 Governing Law 25.1 This Agreement and the rights, obligations and relations of the parties to this Agreement will be govemed by and construed in accordance with the laws of the province of Ontario. The parties irrevocably attom and submit to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom. 26.0 Further Assurances 26.1 The parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 27.0 Circumstances Beyond the Control of Either Party 27.1 Neither party will be responsible for damage caused by delay or failure to perform under the terms of this Agreement resulting from matters beyond the control of the Province and the Recipient including strike, lockout or any other action arising from a labour dispute, fire, flood, act of God, war, riot or other civil insurrection, lawful act of public authority, or delay or default caused by a common carrier which cannot be reasonably foreseen or provided against. 28.0 Survival 28.1 The provisions in Articles 6.0 (Interest), 11.0 (Reporting, Accounting and Review), 12.0 (Limitation of Liability), 13.0 (Indemnity), 15.0 (Credit), 18.0 (Funding upon Termination), 19.0 (Recipient's Repayment of Funds), 28.0 (Survival) and section 7.2 (Disposal of Assets) shall survive for a period of seven (7) years from the date of expiry or termination of this Agreement. 29.0 Appropriation 29.1 Despite any other provision of this Agreement, any payment by the Province under this Agreement is subject to there being an appropriation for the Fiscal Year in which the payment is to be made and there being funds available. Furthermore, should the Province's funds be reduced or otherwise become unavailable by non- appropriation by the Legislative Assembly of Ontario, the Province may (1) reduce the amount of the Funding and /or (2) in accordance with section 18.1 terminate this Agreement immediately upon giving notice to the Recipient. 30.0 Interpretative Value of Agreement Documents 30.1 In the event of any of conflict or inconsistency between any of the Schedules to this Agreement, Schedule "A" will prevail over any of the other Schedules. 30.2 The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. 31.0 Counterparts 31.1 This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Agreement will be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. This Agreement may be executed and delivered by facsimile signatures and shall be binding on all parties as 11 executed by original signature and delivered personally. 32.0 Freedom of information and Protection of Privacy Act 32.1 The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F. 31, as amended from time to time, and that any information provided to the Province in connection with this Agreement is subject to disclosure in accordance with the requirements of that Act. 33.0 Time of Essence 33.1 Time will be of the essence in all respects. No extension of or waiver pursuant to this Agreement will operate as a waiver of this provision. 34.0 Number and Gender 34.1 This Agreement will be read with all changes in gender or number as required by the context. 35.0 Joint and Several 35.1 Where the Recipient is made up of two or more entities, each such entity shall be jointly and severally liable (each completely and individually liable) to the Province for the fulfillment of the obligations of the Recipient under this Agreement END OF GENERAL TERMS AND CONDITIONS SCHEDULE "B" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS 125,000 upon receipt of invoice March 31, 2006 Anne Gough Senior Consultant, Investment Development Office 9th Floor, Hearst Block 900 Bay St. Toronto, Ontario M7A 2E1 Tel.: 416 325 -3936 Fax: 416 327 -2506 Sergio Felicettl Director, Business Development, City of Niagara Falls 4310 Queen St. Niagara Falls, Ontario L2E 6X5 Tel.: 905 356 -7521 x5102 Fax: 905 357 -9293 Final report Due date: June 15, 2006 The Province will not provide any Funding to the Recipient until the Recipient has provided a municipal by -law or resolution authorizing the Municipal Council to enter into this Agreement. LIVE with Regis and Kelly Production City of Niagara Falls, ON, Canada Project Description SCHEDULE "C" PROJECT DESCRIPTION "LIVE with Regis and Kelly" show produced by Buena Vista Television will be coming to Niagara Falls, Ontario, Canada, on Victoria Day, Monday, May 22, 2006, to air two shows, a live and taped broadcast at the Oakes Garden Outdoor Amphitheatre, with the grand Niagara Falls as their backdrop, located at River Road and Clifton Hill. It is estimated that the advertising value of a program of this nature is between $3 and $4 million in the very important US market. The City of Niagara Falls has formed partnerships with Ontario Power Generation, Canadian Tourism Corporation, Government of Ontario, Niagara Parks Commission, and Niagara Fallsview Casino Resort to promote this event, as well as, our beautiful City, Region, Province and Country. Best efforts will be made to recognize the Government of Ontario in various media outlets along with all the partners. Logos will not be used on television for advertising purposes, although partners involved in the event may be mentioned. Tickets will be distributed by way of draws or ballots through various media venues. SCHEDULE "D" BUDGET LIVE with Regis and Kelly Production City of Niagara Falls, ON, Canada Ministry of Tourism Sponsorship Budget Re: Ministry of Tourism and Recreation (MTR) LIVE with Regis and Kelly Production May 22, 2006 Oakes Garden Outdoor Amphitheatre, River Road and Clifton Hill Niagara Falls, ON, Canada Sponsorship Funding $125,000 The MTR sponsorship funding for $125,000, for the LIVE with Regis and Kelly show, will be allocated towards Production Equipment to assist with production expenses. Mobile Unit 45,000 MU Maintenance Engineers 7,200 Set Construction 30,000 Trucking 10,000 Scaffold/Truss (lighting) 7,500 Audience Monitors 300 Light Equipment and Grip Truck 25,000 Total $125,000 The total budget for this production will also include value for in -kind services, yet to be determined. The total budget for the project will be over $650,000 Canadian. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this third day of April, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 3, 2006. April 3, 2006. April 3, 2006. 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Darlene Case Arthur Clark Robert Cowper Bill Crowder Alex DeGaust Raymond Devitt William Graham Brian Green Les Jarvis Norm Leonard John McLeod John McPherson Al Poisson Jim Reggler Stewart Rodgers David Smith Frank Snow Gary Statchura Jana Vermeulen Sue Wheeler Les White SCHEDULE "C" CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of an Agreement with Shrine Circus/Xentel D.M. Inc. respecting the use of the Niagara Falls Arena for a one day circus event. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated February 14, 2006 and made between Shrine Circus /Xentel D.M. Inc. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the use of the Niagara Falls Arena for a one day circus event to be held on July 10, 2006, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this third day of April, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 3, 2006 April 3, 2006 April 3, 2006 THIS AGREEMENT made this 14th day of February, 2006. BETWEEN: Shrine Circus/Xentel D.M. Inc. Hereinafter called the "Licensee and of the FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City", of the SECOND PART. WHEREAS the City is the owner of the Niagara Falls Arena (hereinafter referred to as "the Arena that the Licensee wishes to use for and in connection with Circus (a one day event) (hereinafter referred to as "the Event AND WHEREAS the City has agreed to permit the Licensee to use the Arena for the Event. NOW THEREFORE in consideration of the rental fees to be paid by the Licensee to the City and the mutual covenants hereinafter contained, the parties hereto mutually covenant and agree as follows: Term of the Apreement: 1. The City hereby grants to the Licensee a licence to use the Arena for the purpose of a one day circus on July 10, 2006. Payment: 2. The Licensee agrees to pay to the City a rental fee of 3,905.50. (G.S.T. included) 3. The Licensee shall submit a non refundable deposit of 1,000.00 on the execution of this agreement, which deposit shall be credited toward the rental fee. 4. The Licensee agrees to pay all taxes (including G.S.T. and P.S.T.), licence fees, union fees (including the fees of the Society of Composers, Authors and Music Publishers of Canada as prescribed by law) and any other fees that are charged as a result of the Event. Complimentary Tickets: 5. The Licensee agrees to reserve for the City 20 complimentary tickets for the Event. Facilities, Equipment and Personnel: 6. The City agrees to provide the following facilities, equipment and personnel: (a) Facilities: (b) Equipment: (c) Personnel: Arena Floor Spectator Areas Parking Lot Changerooms Upper Lobby Box Office Lobbies Forklift 20 Tables Chairs 2 Full Time Staff 10 Security Staff Cleaning" and Heating of the Arena: 7. The Licensee shall use its best efforts to keep and maintain the Arena in a clean condition. 8. The City shall, at its own expense, heat the Arena in a reasonable manner for the comfort of the audience and the Licensee. Structural Chanpes: 9. The Licensee shall make no structural changes of any kind whatsoever to the Arena without the consent of the City and shall leave the Arena in the same condition as received except for normal wear and tear. 10. The Licensee will be charged for any repairs to the Arena that the City is required to make in order to restore the Arena to the condition it was in prior to the structural change. Electrical Installation: 11. If the Licensee is required to use the services of an electrical contractor to make an electrical installation, the Licensee shall notify the City of their need for an electrical contractor, whereupon the City's electrical contractor shall make the electrical installation at the Licensee's expense, including the payment of any permits as may be required for the electrical installation. Removal of Equipment 12. The Licensee agrees to remove any and all equipment belonging to the Licensee from the Arena at the conclusion of the Event. 13. The Licensee agrees that if such equipment is not moved by the time indicated and the c necessitate the moving of such equipment by the City, then the City shall not be held liable for any claims for damages or otherwise arising from damages during the move. 14. The Licensee agrees that should any articles, equipment or property be left in the Arena before, during, or after the Event, the City shall not be responsible for any damages or losses whatsoever sustained to the equipment. Advertisinn the Event: 15. The Licensee shall, at its own expense, advertise and promote the Event and such advertising in the Arena shall be done with the approval of the City. Advertising the Arena: 16. The Licensee shall not place advertising on (including on the exterior of the Arena) or within any part of the Arena, or any areas adjacent to the Arena that is under the control of the City and nor shall the Licensee distribute any leaflets in the Arena, unless the Licensee has first obtained the approval of the City. 17. The Licensee agrees that no displays, banners, posters or any other articles shall be placed or erected on or within the Arena, in a manner that, in the opinion of the City, may impede the full viewing, from any direction, of any advertising panels presently erected, within the Arena. 18. All signs, posters, decals, banners and stickers or other advertising applied to the interior of the Arena shall be the complete responsibility of the Licensee and all labour charges incurred by the City for the removal of such items from walls, furniture, glass or any other area of the Arena, not specifically agreed to in writing by the City, will be charged to the Licensee. 19. The Licensee shall not obstruct any portion of the entrances, halls, vestibules, or ways of access to the public utilities of the Arena. Advertising Beyond the Arena: 20. The Licensee agrees to permit the City to review its advertising and any other similar materials used to promote the Event and its distribution procedure for promoting the Event beyond the Arena. 21. The Licensee shall only use advertising signs and other similar materials used to promote the Event beyond the Arena that have been approved by the City. 22. The Licensee shall only use a distribution procedure that the City has approved. Failure to Obtain City Approval: 23. Should the Licensee fail to use advertising signs, or any other similar materials or a distribution procedure that the City has approved, the City may terminate this agreement in accordance with the termination provisions of this agreement. Liability: 24. The Licensee agrees that the City shall not be liable for any loss or damage sustained by the Licensee resulting directly or indirectly from the Arena being closed for any reason at any time during the term of this licence, nor shall the City be liable for the loss of or injury to any person, property, goods or effects of the Licensee due to any cause whatsoever. Indemnity: 25. The Licensee agrees to assume all liability and obligations for any and all loss, damage or injury (including death) to persons or property that would not have happened but for this licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents from and against all such loss, damage or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising by reason of or in any way related to this agreement. Insurance: 26. The Licensee agrees to take out and keep in force a comprehensive policy of general liability and property damage insurance satisfactory to the City protecting and indemnifying the Licensee and the City, its officers, employees, and agents against any claims for damage for bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the arena premises with all inclusive coverage of not less than $2,000,000.00, such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the Licensee to the City under this agreement and to contain a "cross liability" and tenants legal liability endorsement. 27. The Licensee shall furnish the City with a certified copy of the aforementioned insurance policy or a certificate thereof to the City prior to the commencement of the Event in accordance with the notice provisions of this agreement. Termination: 28. In the event that the Licensee shall fail to comply with the terms of this agreement or to fail to pay the rental fee as herein before provided and on the dates specified, the City in addition to any other remedy shall have the right to cancel this agreement by giving the Licensee written notice to that effect and therefore all obligations of the City under this agreement shall be at an end. The Licensee shall forfeit all monies paid to the City. Vandalism and other Malicious Acts: 29. If at any time during the term of this agreement, any damage to, or total or partial destruction of, the Arena building, premises and any items therein or thereupon, occurs by reason of any vandalism or other malicious acts caused by the Licensee or their invitees, the Licensee shall give to the City prompt notice thereof, and to proceed promptly, at its own cost and expense, to repair and restore the premises to at least the same approximate condition as prevailed immediately prior to the occurrence of such damage. Non Assignability: 30. The licensee shall not be at liberty to assign either in whole or in part the privileges hereby granted by the City without the previous written approval of the City. Gender: 31. Where 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. Notices: 32. Any notice in writing required or permitted to be given in respect of this agreement shall be sufficiently given if delivered to the party by hand or by ordinary mail, postage prepaid, to the following addresses: The City: The Corporation of the City of Niagara Falls, 4310 Queen Street, P.O. Box 1023, NIAGARA FALLS, Ontario, L2E 6X5. Attention: Licensee: Shrine Circus /Xentel DM. Inc. c/o Gary Brush 8000 Jane St., Tower A. Suite 401 Corcord, Ontario L4K 5B8 Buddy Lowe, Superintendent of Recreation Facilities, Arenas 905-358-3808, Ext. 221 905- 354 -9119 Fax b l ow e O city. ni auara fal ls. on. c a 416 -633 -4646, Ext. 222 Phone 416 -633 -4643 Fax 33. Any such notices mailed as aforesaid shall be deemed to have been received by the party to whom it is mailed on the third business day following the day of posting. 34. Day to day communications may also be delivered by fax or other similar means of electronic communication and confirmed by personal delivery, courier or by mailing the original documents so sent by prepaid mail on the same or following day, in which event it shall be deemed to have been given and received on the day that it was transmitted, provided that if such day is not a business day, such notice or other communication shall be deemed to have been given and received on the following business day. Confidential material and billing shall not be delivered by fax or other means of electronic communication. Severabilitv: 35. If any covenant, provision or restriction contained in this agreement is found to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other covenant, provision or restriction and, without limitation, each of the covenants, provisions and restrictions contained herein are hereby declared to be separate and distinct covenants, provisions and restrictions. Compliance with the Law: 36. The Licensee shall comply with all the laws of the federal, provincial, or municipal government that may be applicable to the use and occupation of the Arena and to the advertising and staging of the Event. Occupational Health and Safety Act: 37. The Licensee, its officers, employees, and agents shall take all precautions necessary during the teen of this agreement to ensure the safety of its workers and the general public in accordance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 38. The Licensee acknowledges that they are appointed as the agent of the City for the purposes of ensuring that there is compliance with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. 39. The Licensee shall indemnify and save harmless the City from all damages or loss arising from its failure to comply with the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. Workers' Compensation Act: 40. The Licensee shall pay all assessments for their workers, as are required in accordance with the Workers' Compensation Act, R.S.O. 1990, e. W.11, as amended, that shall protect the City from any and all claims under the aforementioned Act. Governinp Law: 41. This agreement shall be construed in accordance with the laws of the Province of Ontario. Concessions: 42. The Licensee agrees to the arrangements herin as outlined in Schedule 3. Whole Agreement: 43. This agreement and everything contained herein shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WIIEREOF the Licensee has hereunto affixed its corporate seal duly attested by the hands of its proper officers in that behalf and the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk. I have the authority to bind the Corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Title: Mayor Name: Title: Clerk Schedule 1 Hours of Use Monday, July 10, 2006: 12:00 am midnight 7:00 am Building Open 2:00 pm Sound Check 3:30 pm Doors Open 4:00 pm Show Starts (2 hours) 6pm -7pm Clean-Up 7:00 pm Doors Open 7:30 pm Show Starts 9:30 pm Finish Schedule 2 Expenses Rental Costs (1 Day) $2,000.00 Security /Cleanup 500.00 Electrician Fees N /A* Concession Partial 150.00 Concession Full 1.000.00 $3,650.00 G.S.T. 255.50 Total $3,905.50 Additional Costs: Socan Fees To be paid by Shrine Circus Corp. Electrician Fees Costs to Follow -1 Schedule 3 Concession Privileges The Licensee is permitted to sell all Concession items on the Arena Floor and in the hallways and lobbies only. The Licensee will not have access to the City's Concession Stands or supplies. As per schedule 2, the Licensee will pay $150.00 for Partial Concessions, and $1,000.00 for Full Concessions on Arena Floor upon execution of this agreement. Novelty Concessions Shrine Circus must have all required licensing and permits in place prior to any sales. Please check with Lydia Picca in Clerk's Office at City Hall (356 -7521, extension 4283). S Annul SFECEVEMAGREEbhnnccircu.,05.wpd CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the payment of $20,336,011.11 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning February 23, 2006 to March 21, 2006. Passed this third day of April 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 3, 2006 April 3, 2006 April 3, 2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW No. 2006 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) 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 adding to the specified columns of Schedule P thereto the following item: COLUMN 1 COLUMN 2 INTFRSFCTInN FACING, TRAFFIC Ascot Circle At Citation Road Northbound motorists on Citation Road This By -law shall come into force when the appropriate signs are installed. Passed this third day of April 2006. DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR First Reading: April 3, 2006 Second Reading:April 3, 2006 Third Reading: April 3, 2006 Passed this third day of April, 2006. First Reading: Second Reading: Third Reading: April 3, 2006. April 3, 2006. April 3, 2006. CITY OF NIAGARA FALLS By -law No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3r day of April, 2006. 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: The actions of the Council at its meeting held on the 3` day of April, 2006 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. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR Community Services 1. Memo from the City Clerk with a request from Jack DiGiorgio of Jack's Cantina to defer report MW- 2006 -24, Ellen Avenue Loading Zone Review. Council ADDITIONS TO COUNCIL, MONDAY, APRIL 3, 2006 1. Correspondence from William Stevens, Public Works Department, Niagara Region. Re: AM- 02/2006, Proposed 7- Storey, 108 Room Hotel. 2. Correspondence from Linda Savriga Haitos, Chairperson, St. Paul's Evangelical Lutheran Church, opposing the zoning by -law amendment application, AM- 02/2006, Proposed 7- Storey, 108 Room Hotel. Clerk's Department Inter Departmental Memorandum To: Community Services Committee From: Dean Iorfida City Clerk Ext. 4271 Subject: MW- 2006 -24, Ellen Avenue Loading Zone Review Working Together to Serve Our Community The City of Niagara Falls' Date: April 3, 2006 Jack DiGiorgio, of Jack's Cantina, located at Ellen Avenue and Centre Street has requested a deferral on this item. He was trying to make arrangements to have a representative speak to the matter but was unsuccessful. He should be able to have someone available for the next meeting. JdyF r,bLIL aukliS ADM L4]UU1 Ni again lirs Regions MEMORANDUM DATE: March 28, 2006 TO: Tom Whitelaw Planner Planning and Development Department FROM: William J. Stevens, C.E.T. Development Approvals Manager SUBJECT: Zoning By -law Amendment Application Owner /Applicant: 1251435 Ontario Limited and 1397878 Ontario Limited Proposal: To permit the development of a 7- Storey, 108 -Room Hotel while maintaining a portion of the existing motel Location: 4858 Kitchener Street, 5486 5492 Union Avenue and 5525 Victoria Avenue In the City of Niagara Falls City File: AM-02 /2006 Our File: D.18.04.66.643440150 (ID #4886) Regional Niagara Public Works Department has reviewed the above- referenced Zoning By -law Amendment Application and provide the following comments to assist you in the preparation of your Regional response to this application_ 1) Servicing This development will be within the sanitary servicing area contributory to the Region's Bender Hill Pumping Station. Currently, the City of Niagara Falls and the Region are jointly undertaking a review of the Bender Hill Pumping Station in order to address capacity issues. 2) Traffic Impact Study This development may create higher traffic counts at the Regional Road 420 (Roberts Street) intersection with Victoria Avenue; therefore, the developer should undertake a traffic impact study. RECEIVED MAR 2 8 2006 PLANNING DEVELOPMENT 2/ "Si..., William J5{evens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division r lJiLJc SWRI{S ADM Torn Whitelaw Planner Planning and Development Department March 28, 2006 Page 2 of 2 3) Compliance with Regional Sewer Use By -law Please be advised that owners of commercial and industrial buildings are required to comply with the Region's Sewer Use By-law #39 -2002, as amended. Under Section 6 (1) the installation and maintenance of a suitable manhole at the property line may be required to allow observation, sampling and measurement of sewage flows. Under Section 5 (1) (2) the installation of an interceptor may be necessary for the removal of grease, flammable waste, sand or other harmful ingredients. The owner should discuss these matters with Mr. Jason Oatley, B,Sc, CChem., Laboratory Environmental Enforcement Manager at 905 685 -4225, extension 3758, to ascertain the exact requirements for this proposal. We trust that the foregoing Regional comments will be appropriately incorporated into any agreement entered into by the City with this applicant. WJS1cm 1 AEnsineenng- Plannms-a nd-Developmenf ∎Vetrone{annen\Niagara Falls\CDRRESPONDFVCE 2006 \10997.T,Whitolaw.doc C: Peter Baker, P. Eng., Acting Associate Director, Water Wastewater Engineering Eric Flora, P. Eng., Associate Director, Transportation Systems Jason Oatley, B.Sc, C.Chem., Laboratory Environmental Enforcement Manager Doug Darbyson, Director of Planning and Development, City of Niagara Falls (Via Fax: 905 356 -2354) 41,02 MEMO To: The Aldermen of the City of Niagara Falls Ontario From: Linda Savriga Haitos, Chairperson, St. Paul's Evangelical Lutheran Church The congregation of St. Paul's Evangelical Lutheran Church wishes to officially oppose the amending of Zoning By -law No. 79 -200 as it pertains to the Inn by the Falls- Country Inn Suites application. The closing of a driveway on Victoria Avenue to accommodate the plans for the proposed Country Inn would restrict the access to the north side of our building. This driveway has been in existence for a number of years and would seriously limit access to our property if it were closed. This closing will require us to open another driveway off of Victoria Avenue closer to the church on the north side. At present the north side of the building has an elevator entrance which is used for the handicapped entrance for our church. Limiting our access to this side of the building seriously hampers our ability to get a person to the vicinity of the elevator for transport to the church proper. This entrance also allows for a coffin to be brought into the church for a funeral. A person Launch Outlook Express.Ink who is not familiar with the parking situation at the church would certainly not know how to access the building and could not get to the church except by parking some distance away and walking This is acceptable if you are able but the handicapped definitely are Limited and could not reach the church without hardship. The plan for the Country Inn certainly further boxes in the church property and makes access more difficult for everyone visiting the church. Unless an acceptable agreement is reached with the Country Inn management to allow us access to our church from this driveway and allow us to park a numbers of cars during the week for staff and a number of cars for Sunday morning service we certainly need to have a look at reclaiming our leased land which has been used by the hotel for a numbers of years. We currently hold a twenty year agreement with the hotel and this is now being looked at by our lawyer for breech of contract. The lack of church parking certainly was not a problem in early years but with the taking away of street parking we find ourselves in a predicament and we hope for a reasonable conclusion. The City of Niagara Falls generously gives us parking for Sunday mornings and special events in the city parking lot on Kitchener St. which we certainly appreciate. Our concem is about easy access for the handicapped and occasional visitor or maintenance worker to the church. We have over sixty names on a petition against this plan in just the one Sunday April 2/06. Thank you for your time and efforts in this matter. April 3, 2006 6803 High Street Niagara Falls, ON L2G 1N7 City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 His Worship Mayor Ted Salci And Members of the Municipal council City of Niagara Falls, Ontario Members: Re: PD- 2006 -26, Zoning By- Law Amendment Application AM- 01/2006, 5720 Dorchester Road 6859 High Street Our discussions with the Niagara Orchard Church have been friendly, productive and focused on a seamless integration into our neighbourhood. Meetings were held Monday Feb 13, 2006 and Friday Feb 24, 2006 as well as a number of phone conversations with the Ministers of the Niagara Orchard Church and their Architects to address design changes and site plan agreement conditions that would gain the Project our unanimous support. Most have been addressed as highlighted in the Planning Report. However, we want to make it clear that all the changes must be well documented and accepted by all parties. We endorse the Project under the following agreement: Design Changes: 1. Drainage. Lot drainage requires assessment as it is an on going issue for residences and the City. The Architect has agreed to hire an Engineer to examine site conditions and provide a solution of grading and/ or under drainage that contains the runoff and directs it to the appropriate sewer. 2. Satellite Buildings. All external buildings are to be removed from the property. This includes the utility sheds, house and garage. [It is acknowledged that the Church will require a replacement outdoor shed. This will be architecturally designed, small however suitable to house lawn mower, snow blower and other equipment to maintain the Church property. It will be located in the northeast corner of the property and shielded by landscaping, 3. Lot lighting. Building lighting needs to be positioned or designed to remove it from direct line of sight of abutting properties. Eg, the existing lighting at the northwest corner shines directly into windows at 5708 Dorchester. Parking lot lights to be designed to low lumens intensity and be on a control to turn off automatically after 10:00 pm. 4. HVAC and other mechanical equipment to be placed so that it is obscure from neighbours. (Suggest roof top shielded by a parapet wall). 5. Provide an architecturally designed fence and gate between the north lot line and 5708 Dorchester. Site Plan Agreement 1. Use and Occupancy is restricted to a place of worship and specific daytime and evening programs. This includes the Church administration, day nursery, social programs in keeping with the Salvation Army; however does not include the operation of a private school, soup kitchen, halfway house or overnight hostel. 2. Parking on High Street from the corner of Dorchester to Depew on the north side be posted at 2 hours and the south side "no parking 3. Drainage to be design to current Municipal Standards and to adequately address flooding issues. 4. Small replacement shed to be constructed to house building and grounds maintenance equipment. 5. No large trucks (greater than a cube van) or buses to be parked on either lot overnight. 6. Both properties to be under one title. Neigbouring property Owners to be a party to the Site Plan Agreement. Post a letter of credit with the City of Niagara Falls to cover the requirements of the Site Plan Agreement. We wish the Niagara Orchard Park Church success in their development. They have been sincere in their negotiations and we request Council consider our input and concerns and adopt our agreement as part of the motion in favour of the Project. 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